Welcome to the Espera shop: Free shipping all summer!
Welcome to the Espera shop: Free shipping all summer!
1.Details of the website operator (hereinafter Seller):
Company name: ESPERA Clothing Ltd.
Registered office: 1124 Budapest, Fodor utca 93.
Tax number: 32543962-2-43
Company registration number: 01-09-429747
Court of registration: Budapest Metropolitan Court
License number for the activity: 360944/B/1
Authority issuing the license: Budapest Capital City XII District Municipalty Notary
Representative: Ildikó Tóth, CEO
Phone number: +36 70 944 3460
Email address: info@esperamoments.com
Hosting service provider details:
Name: Sybell Informatika Ltd.
Registered office: 1158 Budapest, Késmárk u. 7/b. II. em. 206.
Email: hello@sybell.hu
The Seller is a member of the Budapest Chamber of Commerce and Industry. No conduct code is available for the Seller under the act on the prohibition of unfair commercial practices towards consumers.
2. Seller’s Website:
3. Important definitions:
The Seller publishes the valid General Terms and Conditions on their website.
5. Content of the General Terms and Conditions:
These General Terms and Conditions contain the rights and obligations of the Buyer using the electronic commerce services provided by the Seller, as well as the terms and conditions of the agreement between the parties. The General Terms and Conditions apply when making orders via the website www.esperamoments.com . These conditions are in accordance with the Act CVIII of 2001 on certain issues related to electronic commerce services and information society services, Section 5 (1), and with the detailed rules of contracts between consumers and businesses as set forth in Government Decree 45/2014 (II. 26.). Some provisions of these Terms and Conditions apply only to Buyers acting as Consumers.
These General Terms and Conditions apply to all sales and services initiated by the Buyer via the Seller’s online store. When making a purchase, the Buyer must accept the provisions of these General Terms and Conditions by selecting the checkbox on the website. Upon accepting these Terms and Conditions, the agreement is formed between the Seller and the Buyer in accordance with the provisions of these Terms and Conditions. If the Seller publishes or sends the Buyer the General Terms and Conditions before the Buyer submits the order or makes payment, but the Buyer does not respond to the acceptance of these Terms and Conditions, yet proceeds with the order or payment, it is deemed that the Buyer has accepted the provisions of the General Terms and Conditions.
6. Validity of the General Terms and Conditions:
These General Terms and Conditions come into effect on November 1, 2024, the date of publication on the website. They are valid for all Buyers and purchases made from this date onwards. These Terms and Conditions are effective until revoked.
The Buyer declares upon submitting the order that they are familiar with the current General Terms and Conditions, have read and understood them, acknowledge them, and expressly accept them. By submitting the order, the Buyer acknowledges that the current General Terms and Conditions are an integral part of the contract between the parties.
The Seller reserves the right to modify the General Terms and Conditions. In the event of a modification, the General Terms and Conditions in effect at the time of submitting the order will apply.
7. Purchase process, creation of the contract:
The contract is concluded electronically when the Buyer orders a product, submits the order, and the Seller confirms it by sending an email (expressly accepting the Buyer’s offer) to the email address provided by the Buyer, in compliance with the privacy regulations. The Seller has the right to withdraw from the contract even after confirming the order if, for reasons beyond their control (e.g., the product is no longer available, significant shortages, force majeure, illness, etc.), they are unable to fulfill it. In such cases, the Seller is required to settle accounts with the Buyer if money or goods have already been exchanged.
The products offered by the Seller are displayed on the website www.esperamoments.com , and these products form the subject of the contract between the Seller and the Buyer.
The Buyer can view the products by clicking the “Shop” button in the menu at the top of the website. Clicking on the product provides detailed information about each product. Decorations visible in photos may not be part of the product, unless explicitly stated in the product description.
The Buyer selects the product they wish to purchase, specifies the details (color, size) and quantity, and adds it to the shopping cart by clicking the “Add to cart” button.
By clicking the “View cart” button after the cart icon in the top right corner of the website, the Buyer can view the contents of their cart, including the products and quantities. The Buyer can leave the cart and continue browsing or making further purchases.
During the purchase, the Buyer can review and modify the cart at any time. If the quantity in the cart is incorrect, the Buyer can change it by entering the desired quantity or using the plus/minus buttons and clicking the “Update cart” button.
If the Buyer wants to remove products from the cart, they can do so by setting the quantity to zero or clicking the “X” button next to the product.
Once the Buyer has added all the products they wish to purchase to the cart, they can proceed with the checkout process by clicking the “Proceed to checkout” button.
The Buyer can choose to register an account or continue as a guest. Registered Buyers can log in to view their past orders, track current orders, and facilitate future orders.
Registered Buyers can log in by clicking the user account icon next to the cart, entering the necessary details (username/email, password).
Next, the Buyer provides their personal details (name, address, email, phone number).
For company purchases, the Buyer selects the “Company billing” box and provides the relevant data.
If the shipping address is different from the billing address, the Buyer can check the “Ship to different address” box and provide the necessary details.
The Buyer can leave a note for the order in the provided field, then selects the payment method.
The General Terms and Conditions are accepted by checking the relevant box. If everything is correct, the Buyer can finalize the order by clicking the “Place order” button.
The information provided on the website does not constitute an offer to conclude a contract. In the case of orders subject to these General Terms and Conditions, the Buyer is considered the offeror, and the contract is concluded when the Seller accepts the Buyer’s offer as outlined in these General Terms and Conditions.
By clicking the “Place order” button, the Buyer acknowledges that their offer has been made, and that their declaration – if accepted by the Seller in accordance with these General Terms and Conditions – creates a payment obligation.
The order is automatically confirmed with an email after submission. The Buyer acknowledges that this is just an automatic confirmation, which does not establish a contractual relationship. The contract between the parties is concluded only when the Seller explicitly confirms acceptance of the order. If necessary, the Seller will contact the Buyer by phone or email.
If the Buyer submits an order, and the Seller confirms it by email (explicitly accepting the Buyer’s offer), a purchase contract is created between the Buyer and the Seller. (If the confirmation email is not received within 48 hours, the Buyer is released from the obligation to purchase the product.)
The Buyer agrees that this contract is not considered a written contract and is governed by Hungarian law. This contract is subject to the provisions of these General Terms and Conditions.
The contract is concluded in Hungarian and is stored automatically in electronic form in the online store; the contract is not filed in any other way and cannot be retrieved later.
8. Customer Service:
The Seller responds to Buyers’ inquiries through the contact details provided in these General Terms and Conditions.
9. Sales Price:
The prices listed in the online store are the valid consumer prices, and the currency is Euro. The product price does not include Value Added Tax (VAT). VAT is added to the final price in the shopping cart.
The delivery cost is not included in the product price. The shipping cost is always borne by the Buyer unless otherwise stated by the Seller on the website.
The Seller reserves the right to change prices.
After the Seller’s confirmation, the total payable amount will not change. However, in the case of a technical error or typo, an incorrect price may appear on the website. If the price displayed is incorrect, the Seller may still send an order confirmation to the Buyer, but this is not considered acceptance of the order. In this case, the Seller will contact the Buyer by phone or email to clarify the matter. The Seller does not consider such orders valid and is not responsible for any damages arising from them. The Seller takes all reasonable steps to display the correct prices on the website. However, if a price error occurs, the Seller is not obligated to sell the product at the incorrect price.
10. Opportunity to correct data entry errors:
The Buyer has the opportunity to correct or delete the entered data at any time during the order process.
If the Buyer wishes to modify the provided information after submitting the order, they can notify the Seller through the contact details provided in these General Terms and Conditions.
By finalizing the order, the Buyer acknowledges that the Seller is not liable for any damages resulting from incorrect data entry or inaccurately provided information by the Buyer.
An inaccurately provided email address or a full inbox may prevent the order confirmation from being sent, which could prevent the contract from being concluded. In such cases, the Seller will attempt to contact the Buyer through other means.
11. Payment Terms:
The payment for products and other costs ordered from the Seller’s online store can be made via bank transfer or through the PayPal system.
Payment via Bank Transfer:
The Buyer transfers the order amount to the Seller’s bank account. After the amount has been received in the Seller’s account, the Seller will proceed with the delivery or dispatch of the product.
Payment via PayPal:
Using the PayPal service, the Buyer can pay online using the balance available in their PayPal account or via a linked bank card. Once the Buyer selects a product in the Seller’s online store and chooses the PayPal payment option, the website will redirect to the PayPal page. The Buyer needs to log in on the PayPal interface and approve the payment to be deducted from the PayPal balance. PayPal is an international electronic commerce (cashless financial services) financial organization. PayPal provides an electronic account to its customers, which can be recharged via bank transfer. This makes online shopping simple and secure, with only the PayPal username and password needed to complete the payment.
The Seller is not responsible for any potential errors that may occur during payment via PayPal. The Buyer is responsible for ensuring that they are authorized to use the chosen payment method and tool and that the provided payment details are accurate and valid.
The Seller declares that they do not handle, collect, or store any data related to usernames, passwords, or other payment information required for the transaction. For other aspects of personal data management, the Privacy Policy applies.
In compliance with legal requirements, the Seller reminds the Buyer that submitting an order (confirming the order) creates a payment obligation to the Seller.
The Buyer agrees to receive the invoice for the order solely in electronic form at the provided email address. The Buyer must ensure that the invoice can be delivered electronically and that technical settings (e.g., firewalls) do not block it. In case of a change of email address, the Buyer is obligated to notify the Seller via email.
12. Delivery Terms:
The Seller will deliver the ordered products to the Buyer using the GLS General Logistics Systems Hungary Parcel Logistics Ltd. for home delivery.
International shipping is available based on the fees indicated on the website.
The shipping costs are always borne by the Buyer, and the Buyer is obligated to pay for the delivery, unless otherwise specified by the Seller.
In case of home delivery, the package will be delivered by the courier service to the address provided by the Buyer. If the package is damaged, the Buyer may refuse to accept the package or may open the package in the presence of the courier’s employee and check its contents. If necessary, the Buyer may request the preparation of a report from the courier service.
If a product is not accepted, the Seller will only dispatch the next order once the payment for the new order, including the shipping costs (as well as any previous unpaid shipping costs), has been settled.
13. Completion Time:
The completion date is when the ordered product is handed over to the Buyer by the courier service. Production time is 14 days from the order date, plus delivery time.
In case of high demand, delivery may take longer. In such cases, the Seller will notify the Buyer by email or phone within 4 business days from the order date about the delivery date.
14. Product Information and Seller’s Liability:
The Seller is not liable for damages resulting from the improper use of the products it sells.
The images shown on the product pages may differ from the actual product and are for illustration purposes only. The Seller is not responsible for any differences between the image displayed on the online store and the actual product.
The Seller excludes liability for delayed supplier deliveries and any stock shortages related to the products sold.
The Seller does not enter into contracts with minors. By accepting these Terms and Conditions, the Buyer declares that they are at least 18 years old at the time of making the purchase.
15. Data Protection:
The Seller processes personal data in strict compliance with applicable laws, following data protection and privacy regulations. The Seller takes all technical and organizational measures to ensure the security of the Buyer’s personal data, in accordance with the European Parliament and Council Regulation (EU) 2016/679.
The Privacy Policy regarding the handling of personal data can be accessed on the Seller’s website and at their registered office.
16. Right of Withdrawal:
For contracts concluded outside of business premises and for distance contracts, the Buyer (if acting as a Consumer) has the right to withdraw from the contract without justification within 14 calendar days from the date of receipt of the product. The Buyer may exercise the right of withdrawal within the period between the conclusion of the contract and the receipt of the product. If the withdrawal is made in writing, it is sufficient to send the withdrawal notice within 14 calendar days.
Withdrawal notice sample:
Addressee: ESPERA Clothing Ltd.
Address: 1124 Budapest, Fodor Street 93.
I, the undersigned, …………………………. declare that I am exercising my right to withdraw from the contract for the following product(s) or service(s):
Contract conclusion date / receipt date:
Name of the consumer(s):
Address of the consumer(s):
Please refund the purchase price to the following bank account number (if requesting a refund via bank transfer):
Signature of the consumer(s): (only for paper submissions)
Date
The notice can be sent by email to the Seller at info@esperamoments.com or by postal mail to the Seller’s office. The withdrawal is considered effective if the Buyer notifies the Seller of the withdrawal within 14 days from the receipt of the product. The burden of proof lies with the Buyer. If the Buyer withdraws from the contract, the Seller will refund the total amount paid by the Buyer, including delivery charges, within 14 calendar days from the date of receiving the withdrawal notice. The refund will be made using the same payment method used by the Buyer.
If the Buyer requested a specific delivery method other than the least expensive option, the Seller is not obliged to reimburse any additional costs.
The Seller may withhold the refund until the product is returned or until the Buyer proves that the product has been sent back.
17. Warranty:
The Seller provides a statutory warranty for the products sold in case of defects.
A product is defective if it does not meet the quality standards specified in the contract or by law at the time of delivery. The Seller is not liable if the Buyer knew or should have known about the defect at the time of the contract conclusion.
If the product is defective, the Buyer may claim warranty rights as per the relevant laws.
18. Warranty for Conformity
In which cases can the Customer exercise their right to a warranty for conformity?
The Customer can exercise a warranty for conformity against the Seller in case of defective performance by the Seller, in accordance with the provisions of the Civil Code.
What rights does the Customer have based on their warranty for conformity?
The Customer may – at their discretion – exercise the following warranty rights: They may request repair or replacement, unless fulfilling the Customer’s chosen demand is impossible or would incur disproportionate additional costs for the Seller compared to the performance of another claim. If the Customer did not or could not request repair or replacement, they may request a proportional reduction of the price or, at the Seller’s expense, repair the defect themselves or have it repaired by someone else, or, as a last resort, withdraw from the contract. In the case of contracts between consumers and businesses concerning the sale of goods (movable property), the provision of digital content, or digital services, the Customer cannot, in the exercise of their warranty rights, repair the defect themselves or have it repaired by another party at the business’s expense. The Customer may switch to another warranty claim, but the costs of the change shall be borne by the Customer, unless the change was justified or caused by the Seller.
What is the deadline for the Customer to exercise their warranty for conformity?
The Customer must notify the Seller of the defect immediately upon discovering it, but no later than two months after discovering the defect. However, the Customer cannot exercise their warranty rights beyond the two-year statute of limitations from the performance of the contract. In the case of used goods, this period is one year.
Against whom can the Customer exercise their warranty for conformity?
The Customer may exercise their warranty for conformity against the Seller.
What other conditions apply to the Customer’s exercise of warranty for conformity?
Within one year from the performance, there are no other conditions for the Customer to exercise their warranty for conformity other than notifying the defect, provided the Customer proves that the product or service was provided by the Seller. However, after one year from the performance, the Customer is required to prove that the defect recognized by the Customer existed at the time of performance.
19. Product Warranty
In which cases can the Customer exercise their product warranty right?
In the case of a defect in a movable property (hereinafter referred to as “product” for the purposes of this section), the Customer may – at their discretion – exercise either a warranty for conformity or a product warranty claim in accordance with the provisions of the Civil Code.
What rights does the Customer have based on their product warranty claim?
Under a product warranty claim, the Customer may request the repair or replacement of the defective product.
Against whom can the Customer exercise their product warranty claim?
The Customer can exercise their product warranty rights against the manufacturer or distributor of the product (hereinafter collectively referred to as the “manufacturer”).
In which cases is a product considered defective?
A product is considered defective if it does not meet the quality requirements in force at the time of its release onto the market or if it does not possess the characteristics stated by the manufacturer in its description.
What is the deadline for the Customer to exercise their product warranty claim?
The Customer may exercise their product warranty claim within two years from the date the product was released onto the market by the manufacturer. After this period, the Customer loses the right to exercise this claim.
What are the rules of proof when exercising a product warranty claim?
When exercising a product warranty claim, the Customer must prove that the product defect existed at the time the product was placed on the market by the manufacturer.
In which cases is the manufacturer exempt from the product warranty obligation?
The manufacturer is exempt from the product warranty obligation if they can prove that:
To be exempted, the manufacturer must prove one of these reasons.
20. Guarantee:
There is no statutory warranty obligation for the products sold by the Seller.
21. Warranty Claim Procedure
If the Customer wishes to exercise their warranty rights regarding a product sold by the Seller, they can do so by presenting the proof of the contract (invoice) (or a copy thereof). The contract will be considered proven if the Customer presents a document proving payment, such as an invoice or receipt issued in accordance with the relevant VAT law. The claim can be made either in person or in writing (via postal or electronic mail).
1. In-Person Claim:
The Customer may submit their warranty claim in person at the Seller’s office:
ESPERA Clothing Kft., 1124 Budapest, Fodor utca 93.
The Seller will take a report of the complaint, which will include the following details:
If the resolution of the complaint differs from the Customer’s claim, the Seller will provide the justification for this in the report. The Seller will give a copy of the report to the Customer.
2. Written Claim:
The Customer may submit their warranty claim to the Seller by mail or email:
The letter must contain the following information:
If the Seller fulfills their warranty obligation in a manner that differs from the Customer’s claim, they must provide the justification in the report. The report must also inform the Customer that in case of a consumer dispute, the Customer has the right to initiate proceedings before the conciliation board operated by the county (or capital) chambers of commerce. The Seller must immediately provide a copy of the report to the Customer in a verifiable manner.
The Seller is required to keep the report of the warranty claim for three years from its completion and to present it to the supervisory authorities upon request.
If the Seller cannot immediately respond to the Customer’s warranty claim at the time of submission, they must notify the Customer within five working days regarding their position— including the reasons for rejecting the claim and the possibility of turning to the conciliation board.
The Seller must make efforts to complete the repair or replacement within 15 days. If the duration of the repair or replacement exceeds 15 days, the Seller must inform the Customer about the expected duration. The notification will be provided electronically or by another method that ensures proof of receipt, subject to the Customer’s prior consent.
For the purpose of examining the warranty claim or performing a repair, the product must be taken over with a receipt that must include the following details:
22. Seller’s Complaint Handling Procedure
If the Customer is dissatisfied with the product or service provided by the Seller and wishes to file a complaint, they can do so verbally or in writing:
Complaint Handling Rules:
For written complaints, the Seller is required to respond in writing and take action within thirty days of receipt, unless otherwise stipulated by European Union regulations. If the complaint is rejected, the Seller must provide reasons for the rejection.
The protocol must contain the following:
The Seller is obliged to keep the complaint protocol and the response for three years and present it to the relevant authorities upon request.
In case of rejection of the complaint, the Seller must inform the Customer in writing about which authority or conciliation board they can approach, based on the nature of the complaint. The information should also include the contact details of the relevant authority or the conciliation board, as well as whether the Seller will use the conciliation board procedure for resolving the dispute.
23. Conciliation Board, Consumer Protection, and Legal Enforcement before the Court:
The Seller hereby informs the Customers that if the Customer disagrees with the Seller’s response to their complaint, the following authorities may be contacted:
The Customer may initiate a conciliation board procedure by contacting the conciliation board that is competent according to the Customer’s place of residence or the conciliation board at the Seller’s registered office.
Conciliation Board of the Seller’s registered office:
Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99. I. floor 111.
Mailing address: 1253 Budapest, P.O. Box 10.
Phone: +36 1/ 4882-131
Fax: +36 1-488-2186
Email: bekelteto.testulet@bkik.hu
Website: www.bekeltet.bkik.hu
Area of jurisdiction: Budapest
The Conciliation Board is an independent body that operates alongside the territorial chambers of commerce and the Budapest Chamber of Commerce and Industry. Its purpose is to attempt to resolve disputes between the Customer and the Seller outside of court, primarily by reaching a settlement between the parties, thereby assisting in the enforcement of consumer rights in a simple, quick, and effective manner.
The condition for contacting the Conciliation Board is that the Customer must attempt to resolve the dispute directly with the Seller. The procedure at the Conciliation Board is free of charge for the Customer, and the Customer will only be liable for costs if the decision is unfavorable to them.
The Conciliation Board procedure is initiated at the Customer’s request. The application must be submitted in writing to the president of the Conciliation Board: the written requirement can be fulfilled through letter, telegram, telex, or fax, or by any other means that allows the recipient to store the information for the required duration in a manner that ensures the unaltered form and content of the data.
The application must include:
The application must be accompanied by the relevant document or a copy (or extract) of the document that the Customer is citing as evidence, particularly the Seller’s written statement regarding the rejection of the complaint, or any other written evidence available to the Customer proving an attempt at prior negotiation.
If the Customer is acting through a representative, the application must include the power of attorney.
If the Customer detects a violation of their consumer rights, they are entitled to file a complaint with the consumer protection authority. After evaluating the complaint, the Authority will decide on the initiation of consumer protection proceedings. According to Sections 45/A (1)-(3) of the Consumer Protection Act and the Government Decree 387/2016 (XII. 2.) on the appointment of the consumer protection authority, the general consumer protection authority is the government office: https://www.kormanyhivatal.hu/hu/elerhetosegek
The Customer is entitled to enforce their claim arising from the consumer dispute before a court of law within the framework of civil proceedings in accordance with Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
24. Online Dispute Resolution:
The European Commission has established a website where Customers (if acting as Consumers) can register and have the opportunity to resolve disputes related to online product purchases through an online complaint form, avoiding the need for court proceedings. If a Customer wishes to file a complaint about a product purchased online and does not want to go to court, they can use the online dispute resolution tool. On the platform, the Customer can select the dispute resolution body they wish to handle the complaint.
The online dispute resolution platform can be accessed at the following link:
ODR link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
25. Miscellaneous and Final Provisions:
By placing an order on the website, the Customer acknowledges that they have the necessary technical and legal knowledge regarding electronic commerce. The Seller is not responsible for any issues arising from the Customer’s lack of such knowledge or from errors related to electronic products, information technology, or telecommunications service providers (such as internet service providers).
The Customer is responsible for protecting their computer and the data on it.
If any provision of these General Terms and Conditions is restricted or invalidated by a binding legal regulation or court ruling, this will not affect the validity of the remaining provisions of the General Terms and Conditions.
For matters not regulated by these General Terms and Conditions, the Hungarian Civil Code (Act V of 2013) and other applicable legal regulations shall apply.
26. Relevant Key Legislation:
The contract formed between the parties is governed, in particular, by the following laws:
These General Terms and Conditions will enter into force on November 1, 2024, and will apply to orders and contracts created thereafter.
