EMPIRE MERCH STORE
TERMS AND CONDITIONS
Welcome to the website of Empire Merch.
By purchasing our goods and/or using our services, you accept these General Terms and Conditions (“GTC”). Please read this GTC carefully.
This GTC shall be applied to the contractual relationships entered into on the website and/or in the webshop of Empire Merch available at www.empiremerch.com, www.shop.empiremerch.com, and to the visit and use of the website and/or the webshop. You expressly agree that you use our website at your sole risk.
1. EMPIRE MERCH AS PROVIDING GOODS AND SERVICES
Company’s name: Uni-Rockteam Korlátozott Felelősségű Társaság (“Empire Merch” or “we”)
Company’s registered seat: 1214 Budapest, Völgy utca 11., Hungary
Registration number at the Budapest Court of Registration: 0109985735
EU Tax number: HU23942325
Representatives: Mr. Balázs Tóth, Ms. Zsuzsanna Magyar
Email address for general inquiries and customer service: email@example.com
Customer Service Team:
Empire Merch / Uni-Rockteam Kft. Telephone number: +3630 076 5664
2. GENERAL PROVISIONS
The following Terms and Conditions are valid between you and Uni-Rockteam kft. and apply to all use of our website empiremerch.com.
We reserve the right, at our sole discretion, to update, modify or replace any part of this GTC by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Please read the GTC and check back often. If you do not agree to any change to the GTC then you must immediately stop using our website and/or webshop. If you continue to use our website and/or webshop, you are deemed to accept the modified GTC. Any changes made after you have placed an order will not affect such order unless we are required to make such change by law.
If certain parts of our Terms and Conditions are unclear, or if you have any questions, please contact our Customer Service Team via firstname.lastname@example.org before you place any order on our website.
The governing law of this GTC is the Hungarian law.
The language of this GTC and that of the contractual relation between you and Empire Merch is the English language. Each customer order establishes a unique contractual relation between you and Empire Merch.
Empire Merch has not accepted any code of conduct which shall govern its business conduct. This GTC shall not be recorded, it is entered into only in electronic form, and shall not be considered as a written contract.
You can choose between two payment methods. You can pay with your credit card using www.barion.com to complete your order or use your PayPal account. All transactions are secure and encrypted.
Online bank card payments are executed via the Barion system. The merchant does not get and store bank card data. Barion Payment Inc., the provider of this service, is an institution under the authority of the Central Bank of Hungary, its license number is: H-EN-I-1064/2013.
You can also use your PayPal account during a checkout as an alternative payment method.
4. PURCHASE INFORMATION
The default currency in the webshop is dependent on the selected shipping destination.
Purchase prices include value added tax (VAT) in accordance with Hungarian tax rules, but do not include shipping fees. Shipping fees are displayed separately based on your shipping destination.
All purchases are made in the default currency of your shipping region. In case your bank account is in a different currency, then your bank might include some additional exchange fees. We are not responsible for possible exchange fees in these cases. If you are unsure about the procedures your bank is following in case of such transaction, we suggest contacting your bank for further information.
Charges on your bank statement will appear as “Uni-Rockteam Kft”.
In case we introduce special sale prices, we provide detailed information to our customers in relation thereto.
If clearly incorrect purchase prices are indicated in our webshop, e.g. an incorrectly low purchase price is indicated caused by an eventual system malfunction, Empire Merch shall not accept the order and shall not deliver the product at such incorrect purchase price. In such a case we offer to deliver the product at the correct purchase price to you, and you are entitled to withdraw your order regarding such product. The order confirmed by Empire Merch at an incorrect purchase price shall be deemed as a null and void contract.
Empire Merch accepts the following types of payments: PayPal or barion.com. Payment can be made by American Express, Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, Maestro debit cards, and any other methods which may be clearly indicated in the webshop from time to time.
If the issuer of your payment card refuses to authorize the payment to Empire Merch, we shall not be liable for any delay or non-delivery.
The total amount to be paid includes all costs on the basis of your order and the confirmation email. The invoice shall be sent to you in the parcel alongside your purchased item(s).
5. THE FULFILMENT OF THE ORDER, DELIVERY
The delivery of the products is made by Empire Merch worldwide through the courier services of DHL. Empire Merch is also liable for customs clearance procedures. We ship worldwide, except for the Russian Federation, certain regions in Bahrein, and North Korea.
In case of returning defective items, the shipping fee is paid by the costumer. Empire Merch couriers deliver the new product in the course of replacement of defective items. In this case, the shipping fee and the customs clearance fee are paid by Empire Merch.
When the product has been proven to be defective, Empire Merch shall pay back the whole amount of purchase price to you in the same payment method as the original payment was made, including the shipping fee.
Empire Merch reserves the right to reject any confirmed orders, for example when the item is out of stock due to inventory errors, or its condition does not satisfy our standards regarding its quality. In such a case Empire Merch will inform you without delay. In this case, Empire Merch shall refund the whole amount paid by you for the item(s) we are unable to fulfill without delay, but not later than thirty (30) days.
When any defect occurs in our webshop in relation to products or prices, Empire Merch maintains its right to correction. In this case Empire Merch informs you about the new data without delay. You can then confirm your order once again, or any party is entitled to withdraw from the contract.
We may, in our sole discretion, limit or cancel quantities purchased per person. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Empire Merch is not liable for the case when its suppliers do not fulfill or essentially modify their obligations towards Empire Merch. Empire Merch reserves the right to partially or wholly refuse the confirmed orders, after consulting with you.
6. RIGHT OF WITHDRAWAL
You can announce your right of withdrawal within fourteen (14) days of receiving your original order without reasoning. You announce such right in an expressed statement sent to the Customer Service Team (email@example.com) within the above fourteen (14) day deadline.
You shall send back the item to us without delay, but within the initial fourteen (14) days upon delivery. If your order is not applicable for a free return label, then make sure to keep the proof of mailing of the parcel.
The deadlines above shall be regarded as being complied with if you send your statement or the item before the fourteen (14) days has expired. As Empire Merch receives the returned item, a quality control procedure shall take place in order to determine the appropriateness of the returned item.
Unless your order is eligible for a free return, you will be responsible for return shipping costs. Shipping costs are non-refundable unless the item is defective. We recommend you obtain a proof of postage and use a trackable shipping service or purchase shipping insurance. We are not accepting returns sent via regular post from outside of the EU.
We shall refund the price paid for the returned item once it is received by us. We shall not refund such shipping fee, which was chosen by you and was not in line with our usual shipping method. The refund shall be made in the same way as the original method of your payment was made (PayPal or barion.com).
You will receive a written notification via email that we have received your returned item. Any item returned exceeding the fourteen (14) day deadline will not be eligible for a refund and will be shipped back to the sender.
You are not entitled to exercise the right of withdrawal when the item was prepared especially upon your own instructions, or on your expressed demand, or in case the item was unambiguously personalized to you.
The right of withdrawal cannot be exercised by a non-consumer entity, i.e. an enterprise, namely such entity which acts in the scope of its profession, independent occupation or its business activity.
7. PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
8. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
9. LIABILITY FOR PRODUCTS
Please note, that Empire Merch is not liable for damages resulting from natural amortization, defect or negligent use, abnormal consumption or misuse or any other treatment that is not suited to the product description.
Liability for defective items (in Hungarian: kellékszavatosság)
In case of defective performance (in Hungarian: hibás teljesítés) you are entitled to make a claim for defective items against us on the basis of the Hungarian Civil Code.
Upon your request, you are entitled to make the following claims:
If an item is defective due to a manufacturing fault, we will offer to repair the item or exchange it. If it cannot be repaired or the same item is not available, you are entitled to a proportional price reduction or to have it repaired it by yourself or a third party and we pay for the repair, or to a full refund (i.e. the purchase price along with the shipping fee).
You are entitled to modify your chosen claim, but you are responsible for the costs imposed by this modification, except it was caused by us.
You shall inform us about the defect without delay, but within two (2) months from the date of its discovery at the latest.
Within the first six (6) months from delivery you shall inform us about the defect and confirm that the item was provided by us. Within such six (6) month deadline there is no other condition to make your claim on the basis of the liability for defective items.
After the expiry of the above six (6) month period, however, you are required to prove that the defect discovered by you has already existed at the date of delivery. After the expiry of a two (2) year period following the date of delivery, you are not entitled to make any claims on the basis of the liability for defective items.
Liability for defective products (in Hungarian: termékszavatosság)
If you are a private person purchaser, you shall also have a right to make a claim against Empire Merch for defective products as described in this clause 8.2. Please note, however, that under Hungarian law you need to choose between your rights making a claim against Empire Merch because of defective items (in Hungarian: kellékszavatosság) or defective products (in Hungarian: termékszavatosság). You are not entitled to make a claim against Empire Merch on the basis of both clauses.
If a product is defective, you are entitled only to choose to have it repaired by us or require us to exchange the product. You shall inform us about the defect without delay, but within two (2) months from the date of its discovery at the latest. In case of a defective product, you are required to prove the defect of the product. The product is deemed to be defective only if (i) it does not meet the quality requirements applicable by law to the particular product, or (ii) it does not have the characteristics set out in the description of the product delivered by us.
You are entitled to make your claim against us within a two (2) year period following the date of delivery.
PAYMENT & SHIPPING
Payment and Shipping
The following terms and conditions apply:
The products are delivered all over the world.
Please always check your residence’s regulations before ordering. DHL doesn’t deliver to certain countries (for instance The Russian Federation), and please note that in case your residence being outside of DHL’s main territories of delivery, extra delivery charges may apply
Dispatch costs (inclusive of legally applicable VAT)
Shipping Zones and conditions:
All orders will be shipped via DHL.
European Union, Canada, Norway, Switzerland, United States:
Packages up to 2kg – 15€
Packages above 2kg until 4,99 kg – 27 €
Packages above 5kg until 9,99kg – 40 €
(Free shipping on orders with a net order value of more than 150€)
Rest of the world:
Packages up to 2kg – 26€
Packages above 2kg until 5 kg – 58 €
Packages above 5kg until 9,99kg – 88 €
Unless otherwise specified in the quote, for deliveries abroad within 2 – 5 days from conclusion of contract (if advance payment agreed from the date of the payment instruction).
Please note that :
– deliveries are not made on Weekends and other holidays.
– delivery times should be different for items on presale.
If you have ordered articles with different delivery dates, we send the articles together in one delivery if no other agreement has been made. The delivery date for the complete order will be the same as that of the article with the longest delivery time.
Terms of payment
In case of deliveries to a foreign country, you have the following payment options:
– Payment via PayPal
– Payment via Barion
Further details on payment
If payment is made using a credit card, your credit card account is debited in conjunction with the conclusion of the contract.
In case of questions, please contact us at the contact details mentioned in the terms and conditions.
Personal data means any information relating to an identified or identifiable natural person. In particular, this includes information that enables us to identify you, such as your name, telephone number, address or e-mail address. Statistical data that we collect when you visit our website that cannot be associated with your person, does not fall under the term of personal data.
1. Contact Person and Controller
Contact person and the controller of the processing of your personal data when you visit this website in accordance with the basic EU data protection regulation (GDPR) is
Völgy utca 11.
If you have any questions regarding data protection in connection with the use of our website, you can also contact our data protection officer at any time. They can be reached at the above mentioned postal address and at the e-mail address above.
2. Data Processing on our Website
2.1 Visit our Website and Access Data
Every time you use our website, we collect access data that your browser automatically transmits to enable you to visit the website. The access data includes, for example, the IP address of the requesting device, the date and time of the request and the address of the website accessed and the requesting website. The processing of this access data is necessary to enable you to visit the website and to ensure the long-term functionality and security of our systems. The access data is temporarily stored in internal log files in order to produce statistical data on the use of our website, to further develop our website with regard to the usage habits of our visitors (e.g. if the proportion of mobile devices with which the pages are called up increases) and to generally maintain our website administratively. The legal basis is Art. 6 (1) lit. b GDPR. The information stored in the log files does not allow any direct conclusion to your person, in particular we only store the IP addresses in abridged, anonymous form.
You have several possibilities to contact us. This includes, for example, contact forms, by telephone, e-mail or mail. In this context, we process the contact and other data you provide us exclusively for the purpose of communicating with you. The legal basis is Art. 6 (1) lit. b GDPR.
Payments via Barion are processed via the payment service Barion (Europe)
Barion Payment Inc. Infopark Sétány 1. 1117.,Hungary
MNB Engedély: H-EN-I-1064/2013
2.5. Cookies and Comparable Technologies for Analysis Purposes
The legal basis for the data processing described in this section is Art. 6 (1) lit. f GDPR, based on our legitimate interest in the demand-oriented design and continuous optimization of our website.
In the following list of technologies used by us, you will also find information on the possibilities of objecting to our analysis measures by means of a so-called opt-out cookie. Please note that after deleting all cookies in your browser or the later use of another browser and/or profile, an opt-out cookie must be set again.
Transfer of Data
The data collected by us will only be transferred to third parties if (i) you have given your explicit consent according to Art. 6 (1) lit. a GDPR; (ii) the disclosure according to Art. 6 (1) lit. f GDPR is necessary to assert, exercise or defend legal claims and there is no reason to assume that you have an predominating interest worthy of protection in not disclosing your data; (iii) we are legally obliged according to Art. 6 (1) lit. c GDPR; or (iv) this is legally permissible and is required under Art. 6 (1) lit. b GDPR for the processing of contractual relationships with you or for the implementation of pre-contractual measures that are taken at your request.
Your Data Protection Rights
You have the right to request information about the processing of your personal data by us at any time. We will explain the processing to you and provide you with an overview of the data stored about you as part of the provision of information. If data about you is incorrect or not up-to-date anymore, you can demand a correction of your data. You may also request that your data will be deleted. If, in exceptional cases, deletion is not possible due to other legal requirements the data will be blocked so that it is only available for this legal purpose. You may also have the processing of your data restricted if you believe that the data we have stored is incorrect. You also have the right to data portability. We will send you a digital copy of your personal data on request.
To exercise your rights as described here, you may contact the contact addresses mentioned above at any time. You can also do so if you want to receive copies of guarantees to prove an adequate level of data protection.
You have the right to object to data processing based on Art. 6 (1) lit. e or f GDPR. You have the right to complain to our data protection supervisory authority. You may exercise this right before a supervisory authority in the member State in which you are staying, working or where your rights might be infringed. As our registered office is in Budapest, the responsible supervisory authority is:
Nemzeti Adatvédelmi és Információszabadság Hivatal, H-1055, Falk Miksa utca 9-11., Budapest, www.naih.hu