Terms of purchase

These General Terms and Conditions (hereinafter referred to as "GTC") regulate the offer, contract formation, and fulfillment procedures related to the products displayed on the website (doromb.com, hereinafter referred to as "Website") of Aural Art Enterprise - Áron Szilágyi e.v. (6000 Kecskemét, Talfája köz 52., tax number: 66031129-1-23, registration number: 31003092, hereinafter referred to as "Dorombshop").

Consumer rights apply to the consumer if they qualify as a consumer under Act V of 2013 on the Civil Code (a natural person acting outside the scope of their profession, independent occupation, or business activity).

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Dorombshop publishes and periodically updates the list of products it sells on its website, along with product descriptions, additional information, and indicative pricing.

In the product descriptions, Dorombshop provides details on the available characteristics of the products, including storage, usage, handling, and maintenance instructions when necessary.

Dorombshop reserves the right to modify the published product list, product descriptions, additional information, and product prices at any time at its discretion.

If a product is displayed with an image, it serves an illustrative purpose only. Dorombshop does not guarantee that the actual product purchased will look exactly as shown in the uploaded image.

Dorombshop strives to ensure the accuracy of product descriptions but does not take responsibility for the correctness of the information provided in them.

Unless otherwise stated in the GTC, Dorombshop agrees to sell the product desired by the consumer at the price displayed on the website.

If an unforeseen extraordinary event causes a price change between the consumer's purchase intent and Dorombshop's confirmation, or if any product information—particularly the price—is mistakenly displayed on the website due to an error or technical issue, Dorombshop will inform the consumer. The consumer is free to decide whether to proceed with the purchase at the modified price or withdraw their intent to purchase, with no claims against Dorombshop arising from these circumstances.

The consumer may browse the products uploaded by Dorombshop on the website either after registration or without registering.

Dorombshop provides additional information regarding each product, including the estimated delivery time and the procurement time for out-of-stock items.

The consumer adds the desired product(s) to the cart using the designated button, taking into account the details provided in section 3.2.

Before submitting the cart’s contents, the consumer is required to provide their name, phone number, email address, billing address, and shipping address (if not already provided during registration) to facilitate the fulfillment of any resulting sales contract. The consumer must also select a shipping and payment method.

The available shipping methods include postal delivery (via Magyar Posta or a courier service, hereinafter collectively referred to as "postal service") or personal pickup.

The available payment methods include cash on delivery, bank transfer, PayPal (against an invoice issued by Dorombshop and sent to the consumer—an advance payment request in case of a deposit), credit card payment, or cash. Credit card payment is also available for personal pickup.

The consumer expresses their intent to purchase by submitting the cart’s contents to Dorombshop.

Dorombshop reserves the right to modify the selected shipping and payment method for a specific product if justified by the product’s characteristics or quantity. However, any such modification will only be made following written agreement with the consumer (electronic communication is sufficient). If no such agreement is reached, neither party is obligated to enter into a sales contract, and neither party may make claims against the other for the unfulfilled transaction.

If Dorombshop commits to a delivery time longer than 30 days, the consumer may decide, upon being informed by Dorombshop, whether to maintain their purchase intent. If the consumer confirms their intent, their offer to enter into the sales contract remains binding until the deadline specified in Dorombshop’s notification.

The delivery deadline is calculated from the conclusion of the contract. The final day of the deadline is the latest date on which the product can be personally collected from Dorombshop or handed over to the postal service for delivery.

Dorombshop will inform the consumer about the contents of the submitted cart as soon as possible, but no later than within 3 business days. This notification will specifically address the aspects outlined in sections 2.6, 3.8, 3.9, and 3.10, as well as the estimated shipping cost in the case of postal delivery.

For certain products—due to their special characteristics or the quantity added to the cart—Dorombshop reserves the right to inform the consumer that the product (or the specified quantity) is not a pre-manufactured item and is produced specifically based on the consumer’s instructions or explicit request, or is customized for the consumer.

If Dorombshop confirms that the product(s) added to the cart can be shipped within 30 days from the submission of the cart, a distance sales contract is formed between the parties.

If Dorombshop informs the consumer that the procurement or delivery of the selected product(s) will take longer than 30 days, it will provide an estimated procurement or delivery timeframe. The consumer must respond within 5 business days from receiving this information to confirm whether they still wish to purchase the product under the given timeframe. If the consumer does not respond within 10 business days from the date the notification was sent, it will be understood that they no longer wish to purchase the product. If the consumer’s response arrives after this deadline, Dorombshop may decide at its own discretion whether to proceed with the procurement and delivery. If Dorombshop chooses not to proceed, the consumer cannot make any claims against Dorombshop as a result.

Dorombshop reserves the right to indicate that the procurement time for certain specified products cannot be determined in advance, particularly due to the product’s characteristics, quantity, or place of manufacture. In such cases, Dorombshop and the consumer will separately negotiate the procurement and delivery details of the product.

Dorombshop may require a deposit payment from the consumer before proceeding with the procurement or delivery of certain products, particularly in the case of high-value, large-quantity, or special-order items. Dorombshop will inform the consumer of the required deposit amount, which may not exceed the total purchase price of the product. The consumer may then decide whether to proceed with the deposit payment. The deposit must be paid by the deadline specified on the deposit request invoice.

The consumer shall pay the full price of the product using the payment method they selected or as later agreed upon with Dorombshop.

If a deposit has been paid, the consumer must pay the remaining balance of the total purchase price in cases where the deposit amount is lower than the full price.

If, for any reason, the procurement of the product is unsuccessful and the consumer has paid a deposit, Dorombshop will refund the deposit. However, no late interest will be paid on the refunded amount.

If a distance contract is concluded between Dorombshop and the consumer, the consumer is entitled to a right of withdrawal without justification, as detailed below. The consumer may exercise this right within fourteen days from the day they or a third party designated by them (other than the carrier) receives the product. If multiple products are purchased in a single order and delivered at different times, the withdrawal period starts from the receipt of the last delivered product. For products consisting of multiple items or pieces, the period starts from the receipt of the last item or piece. If the contract involves regular delivery of products within a specified period, the withdrawal period starts from the receipt of the first delivery.

The consumer may also exercise the right of withdrawal between the date of contract conclusion and the date of product receipt. This right can be exercised by using the withdrawal form attached in the annex or through an explicit declaration of withdrawal.

If the consumer withdraws from the distance contract, Dorombshop shall promptly, but no later than fourteen days from the date of being informed of the withdrawal, reimburse the full amount paid by the consumer, including any costs incurred in connection with the performance. The refund shall be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different method. In this case, the consumer shall not bear any additional fees.

If the consumer explicitly chooses a delivery method that is more expensive than the least costly standard delivery offered by Dorombshop, the company is not obliged to reimburse the additional costs arising from this choice.

Dorombshop may withhold the refund until it has received the returned product or until the consumer has provided conclusive proof of having returned it, whichever occurs earlier. However, Dorombshop does not have the right to withhold the refund if it has undertaken to collect the product itself.

If the consumer withdraws from the distance contract, they must return the product without delay and no later than fourteen days from the date of notifying Dorombshop of the withdrawal. The consumer must return or hand over the product to Dorombshop or a person authorized by Dorombshop to receive it unless Dorombshop has undertaken to collect the product itself. The return shall be considered timely if the consumer dispatches the product before the deadline.

The consumer shall bear the direct cost of returning the product.

The consumer shall only be liable for any diminished value of the product resulting from use beyond what is necessary to establish its nature, characteristics, and functioning.

The consumer may not exercise the right of withdrawal if the contract concerns a non-prefabricated product made according to the consumer’s specifications or explicitly requested by the consumer, or a product that is clearly personalized for the consumer.

(Please complete and return this form only if you wish to withdraw from/cancel the contract.)

To:

I/We, the undersigned, hereby declare that I/we exercise my/our right of withdrawal/cancellation in relation to the contract for the sale of the following product(s) or the provision of the following service(s):

Product(s)/Service(s):
[Specify the product(s) or service(s) here]

Date of contract conclusion / Date of receipt:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s): (only if the declaration is submitted on paper)

Date:

The consumer may submit a complaint either verbally (in person or by phone) or in writing (in person, through a representative, by post, or via email).

Dorombshop records verbal complaints in a report. A copy of this report is provided to the consumer on the spot for in-person complaints, or, in the case of telephone or other electronic communication, it is sent to the consumer no later than with the substantive response. Otherwise, the rules for written complaints apply. Complaints made via electronic communication are assigned a unique identification number, which is communicated to the consumer.

The complaint report must include at least the consumer's name, address, the place, time, and method of complaint submission, a detailed description of the complaint, a list of documents, records, and other evidence provided by the consumer, Dorombshop’s position on the complaint if immediate investigation is possible, the signature of the person recording the complaint, and—except for complaints made by phone or electronic communication—the consumer's signature. In the case of verbal complaints made via phone or electronic communication, the report must also include the complaint's unique identification number.

For written complaints, the same rules apply as for verbal complaints recorded in a report, with the additional requirement that copies of the receipt, invoice, and other relevant documents related to the disputed transaction must be attached. Dorombshop cannot investigate complaints where the disputed transaction cannot be identified.

Dorombshop will provide a written, substantive response to the complaint within thirty days of receipt and will ensure the consumer is informed of the decision. Dorombshop will make every effort to investigate the complaint as quickly as possible and, if necessary, provide appropriate remedies. If Dorombshop rejects the complaint, it will briefly justify its decision in the rejection letter and inform the consumer about available legal remedies.

Consumer entries or complaints recorded in the Customer’s Book regarding the operation of the store or commercial activities conducted there are considered written consumer complaints under consumer protection laws.

Dorombshop retains the complaint report, the written complaint, and the written response to the complaint for five years and provides these to the regulatory authorities upon request.

If a complaint is rejected, the consumer may turn to the conciliation body competent for their place of residence. Contact information for conciliation bodies can be found at: http://www.nfh.hu/node/8579.

Instead of a conciliation procedure, the consumer may also directly take the matter to court. The parties agree that legal disputes will fall under the exclusive jurisdiction of the Kecskemét District Court.

Information on the detailed rules of contracts between consumers and businesses pursuant to Government Decree 45/2014 (II. 26.) (hereinafter: Decree).

Data pursuant to Section 11 (1) of the Decree:

a) The essential characteristics of the product can be found in the description next to the given product.

b) Name of the business: Aural Művészeti Vállalkozás - Szilágyi Áron e.v.

c) Registered office of the business: 6000 Kecskemét, Talfája köz 52. (hereinafter: Dorombshop)

Business telephone number: (+36) 70/5180801
Business fax number: none
Business email address: dorombshop@doromb.com

d) Postal address for business activities: 6000 Kecskemét, Talfája köz 52.

e) Product prices are displayed alongside the respective products. Information regarding delivery methods and fees is provided in the product descriptions or in the confirmation sent by Dorombshop after the shopping cart submission.

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h) Conditions of fulfillment, payment, shipping, performance deadlines, and complaint handling methods are specified in the relevant sections of the General Terms and Conditions (GTC).

i) For contracts concluded remotely, the conditions and deadlines for exercising the right of withdrawal, along with the declaration template in Annex 2 of the Decree, are provided in the relevant sections of the GTC.

j) If the consumer exercises their right of withdrawal and the product cannot be returned by postal service, the cost of returning the product shall be borne by the consumer.

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l) If the consumer is not entitled to the right of withdrawal under a remote contract, the relevant provisions are set out in the GTC.

m) Warranty and product liability conditions are outlined in the relevant sections of the GTC.

n) Information on after-sales customer service and other services, as well as warranty conditions, are provided in the relevant sections of the GTC.

o) Dorombshop does not adhere to any code of conduct as per the law on unfair commercial practices towards consumers.

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q) -

r) The minimum duration of the consumer's obligations is detailed in the GTC.

s) Provisions on advance payments required at the request of the business are specified in the GTC.

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v) Information on alternative dispute resolution mechanisms, if legally required or chosen by the business, and how consumers can access them, is included in the GTC.

w) The possibility of turning to a conciliation body, the name, and postal address of the conciliation body responsible for the business's registered office, are provided in the GTC.

Information on Warranty, Product Liability, and Guarantee

In the event of defective performance by Dorombshop, the consumer may assert a warranty claim against Dorombshop in accordance with the Civil Code.

The consumer may choose from the following warranty claims:

• The consumer may request repair or replacement, unless the fulfillment of the chosen claim is impossible or would impose a disproportionate additional cost on Dorombshop compared to fulfilling another claim.
• If neither repair nor replacement was requested or could be requested, the consumer may claim a proportional price reduction, repair the defect themselves at Dorombshop’s expense, or have it repaired by another party, or—ultimately—withdraw from the contract.

The consumer may switch from one chosen warranty claim to another, but the cost of switching shall be borne by the consumer unless it was justified or caused by the business.

The consumer must report the defect immediately upon discovery, but no later than two months after detecting it. Warranty claims expire two years after contract performance. For used products, this period is limited to one year.

If the defect is reported within six months of performance, the warranty claim is valid without further proof if the consumer can show that they purchased the product from Dorombshop. After six months, the consumer must prove that the defect existed at the time of delivery.

If a product is defective, the consumer may opt for a warranty or a product liability claim.

Under product liability, the consumer may only request repair or replacement.

A product is defective if it does not meet the quality requirements in effect at the time of market release or if it lacks the characteristics described by the manufacturer.

The consumer can assert a product liability claim within two years of the product's market release by the manufacturer. After this period, they lose this right.

The product liability claim can only be made against the manufacturer or distributor of the product. The consumer must prove the defect.

The manufacturer (distributor) is exempt from product liability if they can prove that:

• The product was not manufactured or distributed in the course of their business activity, or
• The defect was not detectable based on the state of science and technology at the time of release, or
• The defect was caused by compliance with legal or regulatory requirements.

The manufacturer (distributor) needs to prove only one of these conditions to be exempt.

A consumer cannot simultaneously assert a warranty and a product liability claim for the same defect. However, if a product liability claim is successful, the consumer may assert a warranty claim regarding the replaced or repaired product.

For defective performance, according to Annex 21 of Government Decree 151/2003 (IX. 22.), Dorombshop is obligated to provide a one-year mandatory guarantee for musical instruments sold at a price exceeding 10,000 HUF.

The business is exempt from the guarantee obligation only if it proves that the defect arose after performance.

A consumer cannot simultaneously assert a warranty and a guarantee claim or a product liability and a guarantee claim for the same defect. However, the rights arising from the guarantee exist independently of those related to warranty and product liability.

The consumer’s rights are limited if the product's malfunction or unsuitability results from improper storage, usage, or any behavior that damages or diminishes the product’s condition or usability. The consumer cannot claim ignorance of product characteristics, storage, usage, handling, or maintenance instructions, as provided in Dorombshop’s product descriptions or accompanying guides, as a reason for defects or malfunctions.

The provisions of this Terms and Conditions (T&C) shall apply from December 8, 2019.

Dorombshop reserves the right to modify the T&C at any time, within the framework of applicable laws. However, the new provisions of the T&C shall always apply after their publication. For contracts concluded on the date of publication of the new T&C, the T&C published at the time of conclusion shall apply.

Dated: Kecskemét, December 6, 2019.