1. General Terms and Conditions
(1) Refurbishedpbx.com is a B2B webshop where customers can register and make purchases from the following countries only: Albania, Australia, Austria, Belgium, Bosnia-Herzegovina, Bulgaria, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Macedonia, Malta, Moldova, Montenegro, Netherlands, New-Zealand, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United States, United Kingdom. In case of ordering from other countries not listed here, please contact Assono Hungary..
(2) The webshop, accessible on the URL www.refurbishedpbx.com and other similar URLs redirected to www.refurbishedpbx.com (later on referred to as “the Webshop”), is owned and managed by Assono Hungary Telecommunications Ltd. (registered seat at Rákos tér 34, Budapest, H-1142 Hungary, Tax No.: 12460906-2-42).
The only terms and conditions of contract between Assono Hungary Telecommunications Ltd. (referred to as “the Seller”) and the Purchaser shall be those set out below unless other terms are expressly accepted in writing by an authorised employee of the Seller.
Purchaser: every legal entity that, in practice of his profession or undertaking, entered or will enter into any contractual relationship whatsoever with the Seller by using the Webshop after completing a successful registration process acknowledged by the Seller.
(3) Purchasers can place orders in the Webshop after they have registered, filled in and returned to the Seller the Application Form and Declaration, subject to the confirmation of their registration by the Seller. Registrations are confirmed by the Seller via e-mail. To facilitate a timely confirmation of their registration, Purchasers shall fill in, duly sign and return the Application Form and Declaration downloaded during their registration and return it to the Seller within three working days.
Such return can be effected in two ways:
(a) Via uploading to the Purchaser’s user account
(4) Purchaser agrees to accept and to be bound by these “General Terms and Conditions of Sale and Delivery” (including any changes) by:
(a) clicking to accept or agree to these “General Terms and Conditions of Sale and Delivery” when registering on the Webshop, or
(b) actually accessing and using the Webshop.
(5) All offers are valid while stocks last.
(6) The order shall be confirmed in writing by the Seller, including the delivery fee and deadline. Such confirmation creates a contract by and between the Parties.
(7) Purchasers shall report any changes in their personal data before their next purchase at the latest (and amend their personal details in their user account settings at www.refurbishedpbx.com).
(8) The Seller reserves the right to audit all orders to ensure that the terms and conditions of the Webshop have been met and to request additional information or supporting documents relating to such orders.
(9) The Purchaser agrees to the Seller and/or their agents processing their data for the purposes of advising participants of other Seller’s offerings, promotions, new products and services and future market and quality control analysis.
(10) The Seller assumes no liability for misprints and errors on www.refurbishedpbx.com pages (prices, technical parameters, etc.).
2. Username and password
(1) The Purchaser must keep its personal user name and a password (together the “Access Code”) entered at registration confidential and must ensure that it is not disclosed to any other person.
(2) The Purchaser is entirely responsible for any use of its Access Code. The Purchaser must notify Seller immediately if it becomes aware of any unauthorised use of its Access Code or of any other breach of security.
(3) Each Access Code may be used only once, i.e. it may not be re-used, transferred or assigned. The Purchaser may be required to modify or delete certain Access Codes upon receipt of upgraded or replacement Access Codes.
(4) Any and all orders, inquiries, complaints and other communications sent by the Purchaser using the “Access Code” shall be considered as a valid and binding order, inquiry, complaint or other communication of the legal entity registered to that particular Access Code.
(1) All goods will be supplied at the price and the VAT rate ruling on the date of dispatch. All prices are valid and payable in EUR. In the event as a result of a technical error, there is a discrepancy between the Webshop prices and the prices in the order confirmation, the prices indicated in the order confirmation shall prevail as valid and binding contract prices.
(2) All prices shown in www.refurbishedpbx.com are net ex works prices exclusive of Value Added Tax. The Seller reserves the right to vary such prices at any time at its sole discretion.
(3) Where an order is placed for goods having a total invoiced value (excluding Value Added Tax and any additional transport, insurance, packing and/or additional costs) of less than EUR 100.00 the Seller reserves the right to make an additional charge of EUR 10.00 to cover administration.
4. Ordering and order confirmation
(1) Order process: Products selected in the Webshop can be viewed individually and in overview mode by clicking “Show Cart”. As a next step please select the preferred method of shipment and payment on the ordering page. Please review those details and also the products shown, then click “Send Online Order” to transmit your order to the Seller automatically. A confirmation e-mail is sent to your contact e-mail address. By clicking “Send Online Order” you acknowledge that you are placing a valid and binding order.
(2) Order confirmation: upon receipt of the order confirmation e-mail from the Seller a Contract is created by and between the Parties under the terms and conditions set forth in the order confirmation e-mail (price, delivery deadline/date). Delivery date is the date on which the goods are ready for pick up or will be handed over to the forwarder on the Seller’s premise (warehouse). Delivery deadline shall be the first working day after the sum of the Pro Forma Invoice is credited to the Seller’s bank account.
(3) In the event the Purchaser does not receive the order confirmation on the first working day after the order has been placed the Purchaser is asked to call the Seller’s Customer Service hotline or to send an e-mail to the Customer Service e-mail address.
5. Payment and invoicing
(1) As a general term of payment, Seller accepts T/T (bank transfer) advance payment. Documents such as the commercial invoice and the packing list will be sent to the Purchaser along with the shipment (in the package). The Seller issues a Pro Forma Invoice and sends it to the Purchaser within one working day of the date of receipt of the Webshop order. In the event the amount of the Pro Forma Invoice is not paid within 8 days of posting, the Seller shall cancel the order. As soon as the sum indicated in such Pro Forma Invoice is credited to the Seller’s bank account the goods can be picked up at the Seller’s premises. Alternatively, if the Purchaser requested delivery in the Order Form and also agreed to pay the delivery fee indicated in the Pro Forma Invoice, the goods are handed over to a courier within two (2) days of their arrival. By paying the sum indicated in the Pro Forma Invoice the Purchaser acknowledges the price and the terms and conditions of delivery set forth in the order confirmation.
(2) Deferred payment (via bank transfer): This payment method is strictly subject to a separate, written agreement by and between the Seller and the Purchaser, and in line with the terms and conditions set forth therein (credit line, payment deadline, late payment penalty). The Seller shall issue the invoice with the agreed payment deadline and send it to the Purchaser either accompanying the goods or to the previously agreed invoicing address.
(1) The Seller undertakes to use its reasonable endeavours to deliver by specified delivery dates. However, in all cases delivery dates are estimates only and without commitment by or obligation on the part of the Seller. The Purchaser shall not be entitled to cancel any order or to delay or refuse payment should delivery be made after the specified delivery date.
(2) Unless otherwise requested by the Seller orders for delivery will be delivered at the Purchaser’s cost by whatever means the Seller considers appropriate. The cost of insurance and packaging, if any, will be charged in addition to the price quoted for the goods. Such cost shall be indicated both in the confirmation of the order and in the Pro Forma Invoice. Goods can be delivered to locations only where they can be received any time between 8.00 a.m. and 5.00 p.m. on working days and the person taking delivery is authorised to sign the delivery note. In the event a delivery attempt fails for a reason attributable to the Purchaser the goods are transported back to the Seller’s premises and the Seller shall notify the Purchaser in writing. In such cases the goods can be picked up at the Seller’s premises or a second delivery attempt can be ordered and paid for in advance. Upon delivery, goods weighing more than 25 kg shall be unloaded by the Purchaser.
(3) Unless otherwise specified, for all orders for delivery outside the European Union:
(a) The packaging costs, dock and airport dues, port rates and customs entry, freight, insurance, agency fees and other charges which may be incurred are chargeable to the Purchaser.
(b) The Purchaser shall be responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties thereon.
(4) If Purchaser uses its own forwarder and picks up the goods in the Seller’s warehouse: If the Purchaser fails to accept delivery within 14 days of receipt of notice in writing that the goods are ready for delivery the Purchaser shall be liable for all the Seller’s storage and other charges and the Seller shall be entitled, without prejudice to its other rights, to resell or otherwise dispose of the goods.
(5) Claims for shortages or damage to goods before risk passes must be made in writing within 3 working days of receipt failing which proper delivery shall be conclusively presumed to have been made.
(6) Where goods are returned for any reason other than that set out in Clause 6 (1) below the Seller reserves the right to make a charge against the Purchaser being the greater of (a) 20% of the invoice value of the costs incurred by the Seller for carriage, inspection, packaging and the like as a result of such return or (b) such sums as the seller may be charged by its suppliers in respect of the return of such goods.
(8) The Seller reserves the right to designate minimum order quantities and/or minimum handling charges for any products.
7. Conditions, Warranties and Seller’s Liability
(1) Subject to fair wear and tear, and the due observance of any installation, user, storage, operating or maintenance instructions the Seller undertakes to replace or at its option repair free of charge to the Purchaser any goods which the Purchaser can establish are defective by reason of defective workmanship or materials and which are returned to the Seller warehouse within 12 months of the date of receipt by the Purchaser.
(2) Defective products shall be delivered to the Seller’s premises and the repaired or replaced product shall be picked up at the Purchaser’s expense.
(3) To the fullest extent permitted by law, the Seller hereby excludes liability in tort to the Purchaser or to any third party. The Purchaser hereby represents that it is a competent user or installer of the class of goods to be supplied hereunder. The Purchaser shall indemnify the Seller against any claim by any third party that that third party (or any fourth party on whose behalf the third party is acting) has suffered any loss, damage, personal injury or death by reason of or resulting from any negligence by the Seller or any defect in the design, specification or manufacture of the goods.
(4) The Seller shall not in any event be liable for any loss of profit or other financial or consequential loss whenever and however caused or arising in respect of goods supplied by the Seller. Subject to the previous paragraph and Clause (1) above, the Seller’s liability for any loss or damage to property whatsoever shall be limited to the payment by the Seller of a sum not exceeding EUR 1,000 or the price of the goods in respect of which liability arose, whichever shall be the greater. This limitation of the Seller’s liability shall apply whether such damage or loss shall arise from any breach of this contract or from any breach of any condition or warranty implied by law or custom, or from misrepresentation by or the negligence of the Seller, its employees or agents.
(5) The Webshop may contain links to other websites and/or servers which are not managed by the Seller. This does not automatically mean that Seller is associated with such other websites or their owners. Seller is in no way liable for the content of such websites and is in no way liable for any damages or loss (directly or indirectly) arising and/or resulting from the use of these websites and/or the information on these websites. Seller only provides such links for the convenience of its visitors (datasheets, manufacturers’ websites, etc.).
8. Purchase order cancellation
(1) If the product(s) has/have not been shipped, the Purchaser must inform the Seller that the product(s) is/are not required, that they should not ship the product(s). A formal purchase order cancellation shall be issued and transmitted to the Seller by e-mail or fax. Cancellation fee (termination fee) is 20% of the total price of the goods ordered.
(2) If the product(s) has/have been shipped out from the Seller’s warehouse, cancellation is disallowed.
9. Passing of Risk and Property
(1) The risk in the goods shall pass: (a) Where the Seller undertakes delivery of the goods to the Purchaser’s premises, at the time of delivery – only if Purchaser selected delivery with insurance; (b) in all other cases on delivery to a carrier at the Seller’s warehouse.
(2) The goods shall remain the property of the Seller until the price (including all costs related to the order) has been fully paid and the Seller shall be entitled to recover the goods at any time until property has passed. Until property passes the Purchaser shall take all reasonable steps to keep the goods separately identifiable from other property, but shall not be prohibited from using such goods.
10. Requests and complaints
(1) Requests and complaints shall be addressed to the contact points of the Seller’s Customer Service. Requests and complaints should preferably be made in writing and a response will be sent within 8 working days.
11. Governing Law
(1) This contract shall be governed by and construed according to Hungarian Law and the Purchaser submits to the jurisdiction of the Hungarian Courts.