General Terms & Conditions

General Terms & Conditions ("T&C") of GP Ticket Ltd. on the sale and purchase of fan articles (“Product(s)”)

Effective as of 1 May, 2014

 

1. General

1.1. T&C forms an inevitable part of each sale and purchase agreement concluded by GP Ticket Ltd (“GP Ticket”) and the Consumer with respect to the Products offered on the e-commerce website www.MyGPStore.com (“Website”) and the use of the same, irrespective of the language of such use.  

1.2. In the course of filling in the Purchase Order, Consumer has to tick the automatically appearing box that offers the T&C for investigation. By sending the Purchase Order, the Consumer confirms that he/she has read the T&C and agrees to be bound by it. Therefore, it is highly recommended to carefully study this T&C before finalising a Purchase Order.

2. Definitions

„Cost of Delivery” - Cost of Delivery means the counter value of delivering the Product or Products ordered in the Purchase Order by the Consumer to be delivered to the same address at the same time. Unless, only “Express” delivery is offered by the Shipping Company to a specific country/address, the Cost of two levels of Delivery (“Express” or “Standard”) is set out in the respective Price List on the Website. Consumer selects the appropriate level of delivery in the course of the ordering process. Cost of Delivery shall be paid in the currency of the Purchase Order (e.g.: if the Product Price is paid in Euro, then the Cost of Delivery shall be paid also in Euro).

 „Consumer” - means the buyer of one or more Products (“Product(s)”), who placed a Purchase Order using the Website and settled the Purchase Price.  Consumer is an individual at the age of majority (18) who is acting for purposes which are outside his or her profession, trade or business. Persons who are not Consumers are prohibited to place orders through the Website.

„E-mail” - means the e-mail address available to the Consumer to send to all his/her requests, declarations (e.g. withdrawal), complaints, etc., other than the Purchase Order: an electronic letter sent by the Consumer to GP Ticket's info@mygpstore.com address or, a message sent using the form available at “Contact Us” on the Website.

 „GP Ticket” - means a limited liability company registered in Hungary (registration number at the Metropolitan Court of Registration, Budapest Cg.: 01-09-889249; address: 1051 Budapest, Sas utca 11/III/8a; taxation number:  HU14107612) operating in the field of selling entrance Tickets to motorsport events as well as fan articles.

„Parties” – means GP Ticket and the Consumer together.

„Purchase Price” – means the aggregate of the Product Price and the Cost of Delivery.

„Shipping Company” – means a recognized parcel distribution company (UPS, DHL, etc.) engaged by GP Ticket to deliver Product(s) to the Consumers.

 „Purchase Order” or “Ordering process” - means filling in the data required in the course of the ordering process properly by the Consumer and sending it to GP Ticket by using this Website. Ordering process provides for the repeated control of the order details and the correction thereof before finalizing the Purchase Order. The process is supported by the information available at “Help” of the Website. 

 „Working Day” – means any day other than Saturday, Sunday or public holiday in Hungary.

 „Product Price” – means the price of the Product set out on the Website. The Product Price is a gross sum, inclusive of the Hungarian VAT (ÁFA). Purchase Price is quoted on the Website in various currencies. In the course of the ordering process, Consumer decides and indicates the currency of the Product Price (and accordingly the Cost of Delivery).  GP Ticket shall be entitled to define the Product Price and the exchange rate used at its own discretion. By sending the Purchase Order, Consumer acknowledges the Purchase Price.

“Returned Goods Form” or “RGF” - means the template to be downloaded, filled in and sent by the Consumer to GP Ticket in E-mail, in case of exercising his/her right of withdrawal, submitting a Warranty claim, or initiating the exchange of the Product(s).

“Conditions of Goods to be Returned”- means the preconditions of Product return, as defined in Clause 6.4., in failure of which the right of withdrawal or Product exchange will cease to exist.

“Returned Goods ID” or “RGID” - Identification number to be sent by GP Ticket to the Consumer in case of acceptance of an RGF.

„Delivery Address of Returned Goods” - means 1051 Budapest, Sas u. 11., Hungary

“Manufacturer” - the producer or any distributor of the Product, other than GP Ticket.

3. Purchase Order, Sale and Purchase Agreement

3.1.   Upon distribution by the manufacturers, GP Ticket provides for the update of the Product catalogue published on the Website and, in parallel, it provides for the procurement of Products offered in the then current Product catalogue so as to be able to fulfil Purchase Orders. Product catalogue contains the information if the given Product is actually a) “In stock”, thus it is available to be delivered directly from GP Ticket’s warehouse, b) it is not In stock, available for “Pre-order only” with a later delivery date as indicated on the Website or, c) “Out of stock”.

3.2. Immediately after receiving a Purchase Order with respect to a Product In stock, GP Ticket sends a written confirmation (“Order Confirmation”) of receipt of the Purchase Order issued by the Consumer. Confirmation comprises, among others, the details of the Purchase Order, conditions of delivery, information about the Consumer’s right of withdrawal, conditions of warranty and handling of complaints, in case of selecting by the Consumer the bank transfer of the Purchase Price, the related payment instructions as well as the contact E-mail address. In case of the Product status “Pre-order only”, GP Ticket informs the Customer about the expected Delivery date.

Should the visitor of the Homepage decide not to purchase the Product indicated as “Pre-order only” right away (no Purchase Order is sent to GP Ticket), he/she may ask for a notification about the actual arrival date of the Product to the warehouse. Such notification is merely informative about the status of the Product, which is not explicitly reserved in favour of those signing up.

3.3. The agreement on the sale and purchase of a Product(s) between the Parties ("SPA") is deemed to be concluded when the Order Confirmation arrives to the Consumer. If the Order Confirmation does not arrive to the Consumer at least within 48 hours after the Purchase Order was placed, the Consumer's offer shall cease to be binding.  The SPA shall not be considered as an agreement concluded in writing (since contractual declarations of the Parties are not provided with advanced certificate for electronic signatures) and it shall not be filed by GP Ticket.  GP Ticket archives the details of the Purchase Order. Such data are accessible to the Consumer, at his or her E-mail request, within the deadline set out in the Privacy Policy (“Privacy”) following the placement of the Purchase Order.

The SPA is considered to be fulfilled when the Shipping Company confirms delivery and takeover of the Product by the Consumer or an authorised person duly acting on behalf of him/her at the address set out in the Purchase Order.

3.4. Should GP Ticket not be able to perform the SPA, because the Product defined in it is not available anymore and there is no way to make a procurement, GP Ticket notifies the Consumer about this circumstance without delay, and, in failure of the Parties agreement on the sale and purchase of any replacement Product, it reimburses the Purchase Price within 14 calendar days.

3.5.  Should the Consumer pay the Purchase Price to GP Ticket following the cancellation date of the SPA as set out in Clause 6.8., it shall be considered as a new Purchase Order and GP Ticket undertakes to notify the Consumer about the acceptance thereof within 5 working days in writing. In failure of such Order Confirmation, no SPA is concluded and the Purchase Price shall be reimbursed to the Consumer by GP Ticket within 14 calendar days.   

4. Pricing and Payment

4.1. GP Ticket reserves the right to change Product Prices and the Cost of Delivery from time to time. Changes will not affect the Purchase Price of Products already ordered and paid. Purchase Price is the aggregate amount of the Product Price and the Cost of Delivery applicable at the time of making the Purchase Order.

4.2. Consumer is entitled to pay the Purchase Price a) through a credit card b) by bank transfer, in accordance with the payment instructions defined in the Order Confirmation c) via PayPal transfer. Banking and other expenses incurred in connection with the Purchase Price payment shall be borne by the Consumer. In the case of a bank transfer, Consumer is obliged to pay the Purchase Price within 3 calendar days reckoned from receipt of the Order Confirmation (the transfer shall be initiated within such deadline).

4.3. K&H bank, GP Ticket’s financial partner provides for the currently available most secure way of credit card payment as detailed under "Privacy" on this Website.

4.4. Neither the Product Price, nor the Purchase Price includes any duties, taxes, levies or other costs, etc. applicable within the country of the delivery address, outside of the European Union (“Other Duties”). Consumer shall be responsible for the payment (incl. the related declarations and documentation, etc.) of the Other Duties, in compliance with the rules and regulations of the receiving country. GP Ticket expressly excludes liability for the payment of Other Duties.  By sending the Purchase Order, Consumer declares that he or she will not cancel the SPA subject to emergence of Other Duties and undertakes to duly pay those.

5. Delivery of Products

5.1. Delivery of Products shall be made by the Shipping Company to the address set out by the Consumer in the Purchase Order. Products immediately available for delivery in GP Ticket’s warehouse shall be handed over to the Shipping Company within 3 working days reckoned from the conclusion of the SPA as well as the due payment of the Purchase Price, simultaneously with the Consumer’s notification thereof in an e-mail, and delivered to the Consumer according to the delivery option he/she has indicated in the Purchase Order. Information published on the Website shall apply to Delivery Deadlines. Consumer shall be obliged to notify GP Ticket in writing (E-mail) without delay in failure of the Product’s arrival within the agreed deadline.    

5.2. The risk of loss or damage to the Product(s) shall be transferred from GP Ticket to the Consumer at the moment when the Product(s) is/are delivered at the address indicated in the Purchase Order and taken over by the Consumer or its duly authorised representative. By signing the acceptance certificate, the Consumer or its duly authorised representative confirms the takeover of the Product(s).

5.3 Consumer undertakes to check in any case within 3 calendar days from receipt of the Product(s) if delivery was correct, if it was in compliance with the content of the Purchase Order and if purchased Products have arrived in the ordered quantity. Within the same deadline Consumer is obliged to send an E-mail to GP Ticket, about any defective delivery. In the event, that the packaging arrives with obvious signs of damage, the Consumer is requested to refuse the takeover of the package from the Shipping Company or, to accept delivery only after and subject to a thorough verification of the content of the package being in line with the Purchase Order /the SPA.  Consumer shall inform GP Ticket about the damage of the package or the Product(s) without delay, by sending to it the copy of the minutes taken about damaged delivery jointly with the representative of the Shipping Company.

5.4. According to the agreements concluded between GP Ticket and the Shipping Company, the General Terms and Conditions of the Shipping Company including its general insurance conditions, if available, shall be applicable to the delivery of Products.

6. Cancellation

Withdrawal from the Purchase Order

6.1. Consumer shall be entitled to withdraw from the Purchase Order within 48 hours following receipt thereof by GP Ticket. The time of receipt by GP Ticket of the Consumer’s E-mail cancelling the Purchase Order shall be deemed to be the date of cancellation.

6.2. If withdrawal arrives within the deadline set out in Clause 6.1., GP Ticket confirms acknowledgement of the withdrawal in writing and reimburses the Purchase Price to the Consumer within 14 calendar days following the withdrawal, provided that the Purchase Price has already been paid.

Consumer’s withdrawal from the SPA

6.3. Consumer shall be entitled to withdraw from the SPA concluded in accordance with Clause 3.3., the latest within 14 days reckoned from the day of taking over the Product, for any reason and without justification („Withdrawal Period”), by sending the Returned Goods Form in an E-mail to GP Ticket. RGF is available under various titles of the Website („Help”, „Cancellation & Return”, „Delivery & Return”) and can be easily downloaded. Consumer’s declaration on withdrawal sent to GP Ticket in an E-mail, without attaching the completed RGF shall also be accepted, provided that the data of the SPA to be cancelled can be duly identified.

6.4 Consumer shall be entitled to exercise the right of withdrawal exclusively with regards to Products that are intact, (without signs of wear, abrasions, nicks, scratches, deformations, etc.) complete with all parts and accessories (with unaltered labels still attached to the Product), accompanied by any instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any (“Conditions of Goods to be Returned”). In failure of meeting these Conditions of Goods to be Returned, the Consumer shall not be entitled to the reimbursement of the Purchase Price. (Therefore, GP Ticket recommends covering the original packaging of the Product with another protective packaging that preserves the integrity of the same and protects it during transportation).

6.5. Withdrawal shall be considered as valid, if the Consumer sends his/her withdrawal notice to the E-mail address before expiry of the Withdrawal Period.

6.6. In the event, that a valid cancellation request arrives, GP Ticket confirms acknowledgement of the withdrawal in writing to the Consumer within 3 working days - by sending back the RGF, completed with the RGID and the cost of returning the Product(s) -, and reimburses the Purchase Price within 14 calendar days following receipt of the Product, returned to it by the Customer within 14 calendar days after receipt of the RGID, provided that it is in compliance with the criteria listed in Clause 6.2. (Conditions of Goods to be Returned). In case of withdrawal, delivery cost of returning the Product(s) shall be borne by the Consumer.

6.7. In the frame of the Purchase Price reimbursement, connected to the Consumers withdrawal under this chapter, the difference between the Delivery Cost of “Standard” and “Express” delivery shall not be reimbursed to him/her, if the Customer selected “Express” delivery in his/her original Purchase Order and “Standard” delivery was also an available option).

Other cases of withdrawal

6.8. Due to GP Ticket's withdrawal, the SPA shall be automatically cancelled on the 8th day following the day of its conclusion, in accordance with Clause 3.3., if the Purchase Price does not arrive to GP Ticket's bank account until such date.  

6.9. The information on the Website has been compiled with the greatest attention to detail, based on the data received from the manufacturers and other dealers about the Products. If, any information published on the Website that has been taken into consideration by the Consumer when placing a Purchase Order turns out to be false, GP Ticket shall be obliged to inform the Consumer about such circumstance. In such case, Consumer shall be entitled to a) either withdraw from the Purchase Order/SPA, considering the false information or b) maintain the Purchase Order.  In case of a withdrawal, all his/her costs and expenses arising in connection with the ordering process shall be reimbursed to the Consumer by GP Ticket within 14 calendar days.

7. Returns and exchanges

7.1. There is a wide range of information about the Products available on the Website.  If, even so, following receipt of the Product(s) it turns out that the size is improper or, for any other reason arising in the sphere of interest of the Consumer, he/she shall be entitled to initiate the exchange of the Product(s) meeting the quality criteria set out in Clause 6.3., by sending an RGF in an E-mail to GP Ticket in this respect within 14 days reckoned from takeover.  

Request for exchange shall be considered as valid, if the Consumer sends his/her request to the E-mail address before the end of the 14 day deadline.

7.2. In the event, that GP Ticket accepts validity of the exchange request, it shall send a notification thereof to the Consumer – in the form of the RGID – within 5 working days, in which it notifies the Consumer about the Cost of Delivery of the replacement Product(s). Consumer shall be entitled to return the Product(s) to the Delivery Address of Returned Products, upon receipt of the RGID. In case of exchange of the Product(s) in the sphere of interest of the Consumer, the cost of returning the Product(s) shall be borne by the Consumer.  Delivery of any replacement Product(s) shall take place exclusively provided that the returned Product(s), being in compliance with the quality requirements set out in Clause 6.4., have/has been taken over by GP Ticket in time and the Cost of Delivery of the replacement Product(s) has been paid by the Consumer.

8. Warranty and Product warranty

In case of receiving a faulty Product, Consumer may - at his/her discretion - enforce a Warranty claim against GP Ticket, or, a Product warranty claim against the Manufacturer.

Warranty (“Warranty”)

8.1. GP Ticket warrants delivery of the Product(s) as defined in the Purchase Order and in accordance with the terms and conditions of the SPA to the Consumer. It also warrants that, at the time of delivery, the Products correspond to the requirements stipulated by the applicable law and by the SPA, match the description of the same Products offered on the Website and fit such  purposes, that similar products are normally suitable for. GP Ticket shall be subject to liability for the breach of the warranty obligations („Lack of Conformity”). It shall be excused of liability, if the Consumer was or could reasonably have been aware of a defect of the Product at the time the SPA was concluded.

8.2. If notification of a Warranty claim is made within two months reckoned from the date it is detected, such notification shall be considered as made in due time („Warranty Claim”).  Consumer shall be entitled to enforce Lack of Conformity Warranty rights in a two years limitation period, commencing upon his/her takeover of the Product(s). If the Consumer is unable to enforce his or her claim for an excusable reason, particularly if Lack of Conformity, owing to its character or the nature of the Product(s), is not apparent within the time limit, the Consumer may enforce guarantee rights within three years after takeover (omission of these time limits shall result in forfeiture of rights).

8.3. In the case of exercising a Warranty claim against GP Ticket,

a) Consumer shall, in the first place, be entitled to choose replacement of the Product(s);

b)  if replacement is not possible or, GP Ticket is unable to the replacement in accordance with the conditions described in Subsection 8.3. c) below, the Consumer may require an appropriate reduction of the price or withdraw from the SPA by sending an E-mail to GP Ticket (Consumer is not entitled to withdraw from the SPA, if the Lack of Conformity is minor!).

c)  Replacement shall be completed within a reasonable timeframe and without causing any significant inconvenience to the Consumer, taking account the nature of the Product(s) and the purpose for which the Consumer ordered those.

8.4. Following receipt of the Consumer’s declaration on his/her withdrawal from the SPA or on his/her request with regards to the exchange of the Product(s), arising out of a valid Warranty Claim in the form of an RGF sent by the Consumer in an E-mail, GP Ticket shall notify the Consumer on the acknowledgement of such valid withdrawal within 3 working days, by sending the RGID to the Consumer. 14 calendar days following receipt of the defected Product at the Delivery Address of Returned Products, returned by the Customer within 14 days reckoned from his/her receipt of RGID, GP Ticket shall

a) reimburse to the Customer the Purchase Price plus the cost of delivery of the returned Product(s) or

b) deliver the replacement Product(s) to the Consumer in accordance with 8.3.c) and reimburse the cost of delivery of the returned Product(s).

Consumer’s complaint sent to GP Ticket in an E-mail, without attaching the completed RGF shall also be accepted, provided that the data of the SPA being the subject matter of the Warranty claim can be duly identified.

Product warranty („Product warranty”)

8.5. Manufacturer warrants, that at the time of the first release, the Product met the then effective quality requirements and it is in compliance with the features described by the Manufacturer. Manufacturer shall be liable for the breach of Product warranty obligations. Manufacturer shall be discharged of such liability in compliance with the applicable law, among others, if the failure of the Product was not identifiable at the time of its first release, or, failure was due to obligatory legal or authority prescriptions.  

8.6 In the case of exercising a Product warranty claim against the Manufacturer, Consumer shall be entitled to request the replacement of the Product directly from the Manufacturer within a two years limitation period, commencing from the first release by the Manufacturer of the Product.  Omission of the 2 year time limit set out with respect to Product warranty shall result in forfeiture of rights after expiry of 2 years.

9. Protection of personal data, authorizations

9.1. GP Ticket as data processor warrants that processing of the Consumer's data shall be in accordance with laws and regulations on data handling and data protection in force. Detailed information is available under title "Privacy" on this Website.

9.2. By placing the Purchase Order, the Consumer declares and warrants that his or her personal data indicated on the Purchase Order are true and accurate.

9.3. In the course of filling in the Purchase Order the Consumer makes a declaration, if he/she signs up for the electronic newsletter sent to the Consumers on a regular basis by e-mail or not. In the case of the Consumer’s authorisation and until withdrawal of such authorisation via E-mail or by clicking option “Unsubscribe” on the Website, GP Ticket shall be allowed to send to the Consumer any newsletter and other promotional materials with respect to both the fan articles offered on the Website and the Tickets and events advertised on the website MyGPTicket.com.

10. Protection of trademarks

10.1. Consumers are obliged to use the Products, purchased via the Website, exclusively in line with their function. Trade names, logos, graphics, other designs and signs, etc. which distinguish the Products and are protected by trademark, provide exclusive rights to the trademark owners (usually the manufacturers). Any breach of such exclusive rights qualifies as trademark infringement.  Owner of the trademark shall be entitled to seek remedies from everyone, who, without permission of the trademark owner, commercially uses a trademark that consumers may confuse with the registered trademark, due to the similarity of the mark or similarity of the goods or services.

11. Applicable Law in case of disputes

11.1. In all matters arising out of the use of this website and the SPA the Hungarian Law shall apply. Parties mutually exclude the application of the United Nations Vienna Treaty on Contracts for the International Sale of Goods, dated 11 April, 1980.

12. Handling of complaints

12.1. Customers may file their complaints by sending an E-mail to GP Ticket (info@mygpstore.com) or a mail to its postal address (H-1051 Budapest, Sas utca 11/III/8a)).

12.2.  Network of European Consumer Centre (ECC Net)

Consumers outside of Hungary may file any complaints before their local consumer office or the Hungarian consumer office of ECC Net, provided that the resultlessness of a dispute settlement with GP Ticket, first initiated via E-mail or by post is provable. 

Hungarian consumer office of NEC:

1088 Budapest József krt. 6.

Phone number: +36-1-459-4832

Fax: +36-1-210-2538

e-mail address: info@magyarefk.hu

 Hungarian authorities and other conciliation forums available for the Customers are listed in paragraph 12 of the Hungarian text of the GTC. 

13. Miscellenious

13.1. In case of a breach of the present T&C, GP Ticket is entitled to restrict the Consumer's use of the Website, cancel the Purchase Order/SPA and/or take the necessary legal actions.

13.2. It is the English text of the present T&C, which has been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language versions (except the Hungarian version) of the present T&C, the English version shall prevail. With respect to the legal relationship between Hungarian Consumer(s) and GP Ticket, the Hungarian text shall apply.

13.3. In the event, that any of the Clauses of the T&C would turn out to be deemed invalid, this does not influence validity of other Clauses.

14. Amendment of the T&C

14.1. GP Ticket Ltd reserves the right to change the T&C from time to time. With respect to each Purchase Order, the version published on this Website at the time of placing such Purchase Order shall be applicable.

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