- These General Terms and Conditions (hereinafter: GTC) contain the rights and obligations of TechCruiser Kft. (H-1065 Budapest, Revay utca 10., hereinafter: Service Provider) and the Customer using the electronic commerce services provided by the Service Provider (hereinafter: the Customer, User, Partner). (Service Provider and Customer together hereinafter: Parties).
- This document is not filed, it is concluded in electronic form, it is written in English and it does not qualify as a written contract. These GTC are available, downloadable, and printable from the www.calibur.ai/terms address on the website.
- Purchases on this website are possible with an order placed electronically, as specified in this GTC. The contract is concluded in English.
- All legal entities and other organizations without legal personality, as well as natural persons are entitled to use the services of this website, if they accept the provisions of these GTC as binding on them and register validly and successfully - also confirmed by the Service Provider, or provide the information required to complete the service in the case of a one-time purchase.
- In matters not regulated in these GTC, as well as in the interpretation of these GTC, Hungarian law shall prevail, with special regard to the relevant provisions of Act V of 2013 on the Civil Code (Civil Code). The mandatory provisions of the relevant legislation, which are binding on all, shall apply to the parties without any special stipulation.
- These Regulations shall be valid from 2020.oct.01_until revoked. The Service Provider reserves the right to unilaterally amend any provision of these GTC by notifying the Costumers by prior publication on the website.
- The Service Provider shall publish the amendments on its Website no later than 14 days before they enter into force. After the entry into force of the amendment, the User accepts the contents of the amended GTC by browsing the Website - as using the service. Previously submitted orders are governed by the GTC in force at the time of submission.
- If a user accesses the Service Provider's Website and reads its content in any way - even if he is not a registered user of the Website, he / she acknowledges that the provisions of these Regulations are binding on him / her at all times. If the User does not accept these terms and conditions, he is not entitled to view the content of the webpage.
- Contact details of the Service Provider's electronic customer service:
Opening hours by phone: Monday-Friday: 9.00 - 16.00
Placing an order
- When placing on order please fill out the required fields. You can select the way of payment and the delivery options too. In case of any questions please contact our customer service.
- Before finalizing the ordering process, you can always return to the previous, so that you can modify the previously entered data. Press the "ORDER" button to send the order, after which the system will provide your order number. Even after the order process has been completed, you have the opportunity to modify the order until the arrival of the order confirmation e-mail (not the automatic confirmation) within 4 working hours by contacting the customer service by e-mail.
- After sending the order, the User will receive an automatic confirmation e-mail to the address recorded during registration. If the automatic confirmation is not received within the expected time period from the sending of your order, but no later than within 48 hours, the Customer is released from the obligation to make an offer or a contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes available to him. The Service Provider excludes its responsibility for the confirmation if it does not arrive on time because the User provided an incorrect e-mail address during registration, the message was placed in the "spam" folder, or the lack of free storage space in the e-mail account may be on the mail server. cannot receive a message as a result of an error.
- The essential characteristics of the goods that can be purchased, the instructions for the use of the goods can be found in detail on the product page of the specific article, or in the instructions for use that may be attached to the product or sent electronically by e-mail.
- The Service Provider reserves the right to change the price of the products that can be ordered from the Website, provided that the change takes effect simultaneously with its appearance in the Web Store. The change does not affect the purchase price of products already ordered in stock. If an incorrect price is indicated on the site, especially with regard to the price of USD 0 or USD 1, which is obviously incorrect or possible due to a system error, the Service Provider is not obliged to deliver the product at the wrong price.
- In case of force majeure (war events, natural disaster, strike, loss of production caused by suppliers, etc.), the Service Provider is released from the obligation to deliver and the confirmed delivery deadline. In such a case, the Service Provider will do everything in its power to continue the delivery as soon as possible.
- The Service Provider is not able to deliver the products on a specific date. Delivery time for products in stock depending on the chosen delivery method and product availability may differ form a week to a month.
Important notice regarding the products
- The prices shown for the products include the VAT required by law, but do not include the delivery fee. There is no extra packing fee. Service provider reserves the right to change the price.
- Service Provider indicates in detail the name and description of the product, - if available - displays a photo of the products, which come from the manufacturer or distributor. The images shown on the product data sheets may differ from the actual ones, in some cases as illustrations.
- The Service Provider emphasizes that the test device sent as a gift in addition to the purchased product (hereinafter: device) is not yet final - so it does not have the necessary permits for commercial marketing - but it is already in a testing stage and can be used for training free of charge in the testing period. The length the testing period and the support of the software can be determined unilaterally by Service Provider.
- The user acknowledges that TechCruiser Kft. Is developing its own hit signal system for fencing based on the system developed by it (https://calibur.ai/), which it intends to put on the market later. With the Calibur mobile app, you can use your own phone or tablet to signal hits. To use the application, you need a simple hardware device that establishes a wireless connection between the fencing weapon and the smart device. Both the software and the hardware are the Developer's own development (hereinafter, software and hardware as the "System"), which is not yet final - so it does not have the necessary commercial licenses, and there is no warranty granted - but is already in a testing stage. All registered beta testers will be eligible for a 20% discount on the company’s products regarding their own use after the final product is released.
- Partner may use the System, including the software, at its own risk and risk, and shall instruct all other users that he / she gives the device to. They may only be given access to the System in such a way that they or their legal representatives have expressly acknowledged the risk described in this point. Developer excludes all liability arising from the use of the System and Partner expressly acknowledges this.
- The Service Provider performs erroneously if the (paid, not the one given as an additional gift) service does not meet the quality requirements established in the contract or legislation at the time of performance. In this case, the Client shall comply with Article XXIV of the Civil Code. According to its Chapter (Defective performance), it is entitled to enforce its claim according to which a non-consumer Customer can make a claim for a warranty of supplies within 1 year from the performance. We provide the following information to Partners who qualify as consumers in accordance with 45/2014. (II. 26.) according to Government Decree:
- Supplies Warranty
- In the event of defective performance of the product, you may assert a warranty claim against the company in accordance with the Civil Code. according to its rules.
- You may, at your option, have the following supplies warranty claims: You may request a repair or replacement, unless it is impossible to meet your choice or it would incur a disproportionate additional cost to your business. If you have not requested or could not request the repair or replacement, you may request a pro rata reduction of the consideration or you may have the defect repaired at someone else's expense, or you may have it repaired or, ultimately, withdraw from the contract. You can transfer from one of the chosen warranty rights to another, but you will bear the cost of the transfer, unless it was justified or given by the company.
- You must report the defect immediately after it is discovered, but no later than two months after the defect is discovered. However, I would like to draw your attention to the fact that you can no longer exercise your warranty rights beyond the limitation period of two years from the performance of the contract.
- Please note that you can enforce your supplies warranty claim against your business.
- Within six months of the performance, there are no conditions other than the notification of the error to enforce your warranty claim, if you prove that the product or service was provided by the Service Provider. However, after six months from the date of performance, you are obliged to prove that the defect you recognized already existed at the time of performance.
- Product Warranty
- The consumer may only exercise his product warranty claim against the manufacturer or distributor of the movable property. You must prove the defect of the product in the event of a product warranty claim.
- In the event of a defect in a movable thing (product), you may, at your option, may assert the right or product warranty claim specified in As a product warranty claim, you may only request the repair or replacement of a defective product.
- I would like to inform you that the product is defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not have the characteristics specified by the manufacturer.
- You can assert your product warranty claim within two years of the product being placed on the market by the manufacturer. Upon expiry of this period, he shall lose this right.
- The manufacturer (distributor) is only released from its product warranty obligation if he can prove that:
- manufactured or placed the product on the market outside its business, or
- the defect was not detectable at the time of placing on the market according to the state of the art or
- your product defect is due to the application of legislation or a mandatory official regulation.
- It is sufficient for the manufacturer (distributor) to prove a reason for the exemption.
- Please note that due to the same error, you cannot claim a warranty for a product and a product warranty at the same time, in parallel. However, if your product warranty claim is successfully enforced, you can assert your warranty claim against the manufacturer for the replaced product or repaired part.
- Withdrawal Notice
We provide the following information to Partners who qualify as consumers in accordance with 45/2014. (II. 26.) according to Government Decree:
Right of withdrawal
- You have the right to withdraw from the contract without giving any reason within 14 days. Similarly, if performance of the contract has begun in the case of a service contract, you have the right to terminate the contract without giving any reason within 14 days.
- The withdrawal period expires 14 days from the date on which you or a third party other than the carrier designated by you takes over the product.
- If you wish to exercise your right of withdrawal, you must send a clear statement of your intention to withdraw (by electronic mail) to the addresses given in this document or you can also submit another statement expressing your intention to withdraw in electronic form. If you choose to do so, we will immediately acknowledge receipt of your withdrawal on a durable medium (such as an email).
- You will exercise your right of withdrawal within the deadline if you send your notice of withdrawal before the expiry of the 14-day period. The consumer can also exercise his right of withdrawal from the day of concluding the contract until the day of receipt of the product.
Legal effects of withdrawal
- If you withdraw from this contract, we will reimburse you immediately, but no later than 14 days after receipt of your notice of withdrawal, for any consideration paid by you, including transport costs (excluding any additional costs incurred as a result of your offer, chose a mode of transport other than the cheapest mode of transport). For a refund, we will use the same payment method as the original payment method, unless you expressly consent to the use of another payment method; you will not incur any additional costs as a result of using this refund method. In case of cash on delivery, we will refund the justified amount to the bank account number agreed with the customer service by e-mail. We may withhold a refund until we have received the product back or you have confirmed that you have returned it: the earlier of the two dates must be taken into account.
- You must return or return the product to us without undue delay, but no later than 14 days from the date of notification of your withdrawal. The deadline is considered to have been met if you send the product before the 14-day deadline. You will bear the direct cost of returning the product.
- You can only be held liable for the depreciation of the product if it has occurred as a result of use in excess of what is necessary to determine the nature, properties and function of the product.
- The Service Provider shall not be liable for any damage caused by the use of the Website. User is responsible for the protection of the device used for Internet communication and the data contained therein. The prices, pictures, descriptions and technical data indicated on the Website are for information purposes only and are intended for a wider knowledge of the products. The pictures are illustrations. The Service Provider assumes that in case of online shopping, the User already knows the product selected by him, he has collected information about it from other sources as well. The Service Provider is not responsible for any errors or misspellings on the Website. In the event of a typo or incorrect data, the data given in the official notice of the manufacturer or supplier shall apply.
- The Service Provider manages its data in a GDPR compliant manner, details of which can be found in the published data protection information.
- The Service Provider reserves all rights related to the distribution and copying of any part of its Website or Webshop by any method. Any use of all or part of the websites, in accordance with copyright law, is prohibited without the prior written consent of the Service Provider. (reproduction, distribution, rework, etc.)
- Unauthorized use has civil and criminal consequences as well as liability for damages. By using the Webshop, the User acknowledges that in case of using any of its content without a license, the Service Provider is entitled to a penalty. The amount of the penalty is USD 100 per image and USD 5 per word. Customer acknowledges that this penalty clause is not excessive and browses the Site with this in mind.
- If the Service Provider does not exercise its right under these GTC, the failure to exercise the right shall not be considered a waiver of a given right. Waiver of the rights set forth herein shall be effective only upon express written notice to that effect. If the Service Provider occasionally does not strictly adhere to any of the conditions or stipulations of the GTC, it does not mean a waiver of their strict compliance with them at a later date.
- The parties shall settle their disputes primarily amicably. The User and the Service Provider stipulate the Hungarian jurisdiction and the exclusive jurisdiction of the Szeged District Court and the Szeged Tribunal for legal disputes falling within the scope of these Regulations.
- If any part of these GTC becomes invalid, it does not affect the validity and legality of the remaining parts.