The Holoindustry general terms and conditions
Our general terms and conditions may be applicable to any legal relationship you have with Holoindustry. Below you will find our general terms and conditions.
The following general terms and conditions of sale apply exclusively to products purchased through Holoindustry's own ThermalGlass Webshop.
(version: October 2024)
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY HOLOINDUSTRY
Holoindustry Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság
1118 Budapest, Sümegvár köz 9., Hungary
You can contact Holoindustry by phone at +36 70 320 5065 (Monday to Friday, between 9:00 AM and 3:00 PM) or by email at support@thermal.glass.
Article 1 - Definitions
1. The following definitions apply in these general terms and conditions of sale and delivery: " “Holoindustry" Holoindustry Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság, established at 1118 Budapest, Sümegvár köz 9., Hungary, and/or related companies;
"Customer" any party that enters into or has entered into an Agreement with Holoindustry, as well as any party to whom Holoindustry supplies or has supplied goods and/or services;
"Agreement" any agreement and/or (legal) act between Holoindustry and the Customer in connection with the purchase of goods and/or services by the Customer from Holoindustry, as well as all other orders placed by the Customer with Holoindustry;
Article 2 – Applicability
1. These general terms and conditions of sale and delivery apply to all offers and quotations from Holoindustry, to the Agreement and to all (legal) transactions between Holoindustry and the Customer.
2. Deviations from or additions to these general terms and conditions of sale and delivery are only valid if they have been expressly agreed in writing.
3. The applicability of any general terms and conditions of the Customer, however described, is expressly excluded.
4. If the content of the Agreement deviates from the content of these general terms and conditions of sale and delivery, the content of the Agreement shall prevail.
Article 3 – Offer; Conclusion of the Agreement
1. Quotations and price proposals are always without obligation and can be cancelled or changed at any time.
2. An Agreement is only concluded by a formal written acceptance by Holoindustry of an order or assignment from the Customer, or by Holoindustry commencing the execution of this order or assignment.
Article 4 – Prices
1. Unless expressly agreed otherwise in writing, the agreed prices are exclusive of VAT and other government levies.
2. Unless expressly agreed otherwise in writing, the prices will be invoiced to the Customer according to the most recent price offer at the time the Agreement is concluded.
3. From three months after the conclusion of the Agreement, Holoindustry may adjust the prices of goods and/or services that have not yet been invoiced in order to process changes in price-determining factors such as raw material prices, wage costs, social security contributions, taxes including VAT and other government levies, import and export levies, and exchange rates. If the Customer does not accept the new price structure, he may terminate the Agreement by registered letter within a period of seven (7) days after notification of the price change.
Article 5 – Payment
1. All Holoindustry invoices must be paid within the payment term stated on the invoice – by means of designated by Holoindustry. The payment date shall be the value date stated on the bank statements.
2. The Customer may not offset any debt owed to Holoindustry against any claim of the Customer against Holoindustry.
Article 6 – Delivery; Transfer of risk
1. The Customer has a purchase obligation. Unless expressly agreed otherwise in writing, the place of delivery is the last known address of the Customer (Incoterms 2010 Delivered Duty Paid (DDP)).
2. Holoindustry may make partial deliveries and invoice these separately.
3. Unless expressly agreed otherwise in writing, the stated and agreed delivery periods and times are not fatal. The mere exceeding of the agreed delivery period by Holoindustry does not lead to default or any liability towards the Customer, and does not give the Customer the right to terminate the Agreement.
4. The risk of the purchased items passes to the Customer at the time of delivery.
5. Delivery takes place at the time the purchased items arrive at the delivery location, even if the Customer does not accept delivery. Unloading is at the expense and risk of Holoindustry, unless the Customer undertakes unloading.
6. If delivery ex warehouse has been agreed, delivery takes place at the time Holoindustry has informed the Customer that the purchased items are ready in Holoindustry's warehouse. Loading is at the expense and risk of the Customer. Unless expressly agreed otherwise in writing, the Customer must collect the goods within seven days after delivery ex warehouse. If the Customer exceeds this term, Holoindustry may store the goods elsewhere at the Customer's expense. If the Customer, after notice from Holoindustry, fails to collect the goods within three months after delivery, Holoindustry may terminate the Agreement. In that case, Holoindustry may offset the refund of the purchase price (if paid) against storage costs incurred and loss of value of the goods suffered since delivery.
7. If, regardless of the reason, the Customer fails to accept delivery of the purchased goods, all costs incurred in vain by Holoindustry in connection with the delivery as well as the additional costs of transport, storage and warehousing shall be borne by the Customer.
8. Unless expressly agreed otherwise in writing, set-up and commissioning of the unit shall be borne by the Customer.
Article 7 – Retention of title
1. The goods delivered by Holoindustry to the Customer shall remain the property of Holoindustry until the Customer has paid all amounts owed to Holoindustry under the Agreement and/or on other grounds, including interest and costs.
2. The Customer must store the goods delivered by Holoindustry separately and clearly identifiable and insure them against damage and theft for as long as these goods are the property of Holoindustry.
3. The Customer may dispose of the goods delivered by Holoindustry within the framework of normal business operations and alienate them (but not encumber them), provided that the Customer informs the purchaser of the retention of title.
4. Holoindustry may take back and store the goods that fall under the retention of title without any notice of default or judicial intervention at the expense and with full cooperation of the Customer if (there is a reasonable expectation that):
the Customer fails to fulfil its obligations under the Agreement or on other grounds, for example inthe event of exceeding the payment term;
an attachment is levied against the Customer;
the Customer fails to fulfil its obligations under the Agreement or on other grounds, for example inthe event of exceeding the payment term;
the Customer applies for judicial reorganisation;
the Customer's bankruptcy is requested or declared; or
the Customer enters into a payment arrangement with one or more of its creditors.
Article 8 – Complaints
1. The Customer is obliged to examine upon delivery whether the delivered goods correspond to the Agreement.
2. Complaints from the Customer must be submitted to Holoindustry in writing within the following periods:
complaints about the incorrect or incomplete execution of an order: within ten calendar days after delivery;
complaints about an outwardly visible defect in delivered goods: immediately after deliveryusing the "proof of delivery" form with attached photos;
complaints about a non-outwardly visible defect in delivered goods: within seven calendar days after delivery using the "proof of delivery" form with attached photos.
3. If the complaint period is not observed, the Customer is deemed to have agreed to the delivery and any claim of the Customer against Holoindustry with regard to defects in the delivered goods shall lapse, except for the provisions of article 9 on guarantees.
4. Submitting a complaint does not release the Customer from his payment obligations.
5. If the complaint is justified according to Holoindustry, Holoindustry is only obliged to deliver the missing parts or to repair or replace the defective products upon return of the relevant items at Holoindustry's expense, all at Holoindustry's discretion.
6. The Customer may only return defective items if Holoindustry has agreed to this in writing and if the defective items are still in the delivered packaging and condition. The Customer is obliged to follow Holoindustry's instructions regarding the storage or return of the products to be replaced.
7. After signing for receipt of delivered items, the Customer may not complain about the number of items delivered.
Article 9 – Warranty
1. Without prejudice to the provisions of Article 8 and other warranty provisions agreed between Holoindustry and the Customer, Holoindustry guarantees for a period specified in the Agreement of up to 24 months after delivery that the items delivered by Holoindustry are free from manufacturing or material defects. Defects that are outwardly visible during delivery are not covered by this warranty.
2. In any case, defects that occur in, or are wholly or partly the result of:
failure to observe operating and maintenance instructions;
misuse of the item or use of the item other than the intended normal use;
normal wear and tear;
assembly, adjustment, installation and/or repair of the item by the Customer and/or third parties;
electrical damage due to incorrect use of the item;
application by Holoindustry of any government regulation regarding the nature and quality of materials used; or
items, materials and/or methods used or provided for processing at the request of the Customer are not covered by the warranty.
3. Holoindustry will repair or replace the defective items covered by the warranty upon return of the items in question at Holoindustry's expense, all at Holoindustry's sole discretion.
4. Holoindustry will acquire ownership of replaced items and parts.
5. The warranty will lapse if the Customer fails to fulfil its obligations under the Agreement and/or these general terms and conditions of sale and delivery.
6. An appeal to the warranty does not release the Customer from its obligations under the Agreement and/or these general terms and conditions of sale and delivery.
Article 10 – Liability for damages
1. Holoindustry shall not be liable for any damage suffered by the Customer, regardless of whether such damage is the result of a failure by Holoindustry to comply with its obligations under the Agreement and/or these general terms and conditions of sale and delivery (including the warranty obligation), or of any other act and/or omission by Holoindustry itself and/or by others acting on behalf of Holoindustry, unless the damage is the result of intent or deliberate recklessness of Holoindustry's managerial staff only.
2. The Customer shall indemnify Holoindustry against all claims from third parties and regardless of the grounds, in connection with the goods or services supplied by Holoindustry to the Customer, unless and to the extent that the Customer demonstrates that the claim falls exclusively within Holoindustry's sphere of risk.
Article 11 – Intellectual property
1. All intellectual property rights relating to the goods and services are vested in Holoindustry and its parent company. Without the prior written consent of Holoindustry, the Customer is not permitted to reproduce, publish or copy the goods in whole or in part.
2. The Customer may only trade goods and services originating from Holoindustry under the brand, logo, trade name and according to the specifications under which the goods were delivered to the Customer. The Customer may not change the quality of the goods and services purchased from Holoindustry, including the labelling, imprints and instructions.
3. The Agreement does not contain a transfer of intellectual property rights as part of the delivery of goods or services to the Customer.
4. The Customer guarantees and indemnifies Holoindustry at all times that the use by Holoindustry of the data provided by the Customer or otherwise does not conflict with any statutory provision or infringe the rights of third parties.
5. The brands, type and identification numbers and signs on the delivered goods and may not be removed, damaged or changed. The warranty provision of Article 9 does not apply to items whose identification numbers are missing or illegible.
Article 12 – Confidentiality
Each party shall maintain confidentiality of all information of the other party, the confidentiality of which has been made known to it by the other party, or of which it should reasonably be able to understand that it is confidential.
circumstances relating to persons and/or materials that are normally used for the performance of the Agreement or that are of such a nature that they hinder the performance of the Agreement or make it so onerous and/or unreasonably expensive that the (immediate) performance of the Agreement can no longer be required;
illness among personnel, production interruptions or standstill of production;
strikes;
export and/or import restrictions, government measures;
failure to perform an agreement by third parties, as a result of which performance of their own contractual performances becomes impossible;
fire, flood, water damage;
wars, uprisings and the like.
Article 13 - Force Majeure
In the event of force majeure on the part of either party, the performance of the Agreement will be suspended in whole or in part for as long as the force majeure situation continues, without either party being obliged to pay compensation to the other party. If it can reasonably be expected that the force majeure situation will last longer than one month, or has already lasted more than one month, the other party may terminate the Agreement by registered letter with immediate effect and without judicial intervention and compensation. Force majeure is understood to mean any circumstance, whether or not foreseeable beyond the control of either party, that permanently or temporarily prevents performance of the Agreement. This is understood to mean in any case:
Agreement or that are of such a nature that they hinder the performance of the Agreement or make it so difficult and/or unreasonably expensive that the (immediate) performance of the Agreement can no longer be required;
Article 14 – Transfer
The Customer may not transfer its rights and obligations under the Agreement and these general terms and conditions of sale and delivery to third parties.
Article 15 – Suspension; termination
1. Without prejudice to the provisions of Articles 4 paragraph 5, 5 paragraph 6, 6 paragraphs 3 and 7, and 13, and without prejudice to the right to claim damages, either party may suspend the performance of its obligations under the Agreement in whole or in part without any obligation to pay damages or terminate the Agreement in whole or in part by written notice without judicial intervention in the event that (there is a reasonable expectation that):
the other party materially fails to perform one of its obligations under the Agreement, such as the Customer's obligation to pay on time and in full;
an attachment is levied against the other party;
the other party has applied for judicial reorganization, provided that the other party, in response to a request from the other party, has confirmed within a period of 30 days after the request that it does not wish to continue the Agreement;
the other party's bankruptcy is applied for or declared;
the other party makes a payment arrangement with one or more of its creditors;
the other party is placed under guardianship or administration; or
the other party's company is sold or dissolved.
2. If a case as described in the previous paragraph under b to g occurs with one of the parties, all claims of the other party against that party are immediately due and fully payable.
Article 16 – Invalidity of one or more provisions
1. The invalidity of any provision of the Agreement and/or these general terms and conditions of sale and delivery shall not affect the validity of the remaining provisions of the Agreement and/or these general terms and conditions of sale and delivery.
2. If and to the extent that any provision of the Agreement and/or these general terms and conditions of sale and delivery is invalid or unacceptable under the principles of reasonableness and fairness under the given circumstances, Holoindustry and the Customer shall negotiate in good faith and replace the invalid or unacceptable provision with a legally valid and enforceable provision that most closely approximates the purpose and intent of the original provision.
Article 17 – Applicable law and jurisdiction
1. The legal relationship between Holoindustry and the Customer shall be governed exclusively by Hungarian law, to the exclusion of the Vienna Sales Convention.
2. The competent court in the judicial district of Budapest shall have exclusive jurisdiction to hear all disputes between Holoindustry and the Customer.
GENERAL TERMS AND CONDITIONS OF SALE / THERMALGLASS WEBSHOP
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Your obligations during the cooling-off period
Article 8 - Exercise of the right of withdrawal and costs thereof
Article 9 - Our obligations in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Amendment of the General Terms and Conditions
Appendix I: Model withdrawal form
When references are made to “we” and “us” in these terms and conditions, we refer to Holoindustry Holoindustry Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság
1118 Budapest, Sümegvár köz 9., Hungary
The references to “you” and “your” in these terms and conditions refer to the consumer (a natural person who is not acting for purposes relating to his trade, business, craft or profession).
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
1. Additional agreement: an agreement whereby you acquire products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by us or by a third party on the basis of an arrangement between that third party and us;
2. Reflection period: the period within which you can make use of your right of withdrawal;
3. Day: calendar day;
4. Digital content: data produced and supplied in digital form;
5. Webshop: the Webshop of ThermalGlass available via https://Thermal.Glass/
6. Right of withdrawal: the option for you to cancel the distance contract within the reflection period;
7. Distance contract: an agreement concluded between us and you within the framework of an organized system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or additional use is made of one or more techniques for distance communication;
8. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions.
9. Technique for distance communication: a means that can be used to conclude an agreement, without you and we having to be in the same place at the same time.
Article 2 – Identity of the entrepreneur
Holoindustry Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság
1118 Budapest, Sümegvár köz 9., Hungary
Company registration ID: 01 09 433033
VAT identification number: 27284979243
Please also see our website
https://Thermal.GlassArticle 3 – Applicability
1. These general terms and conditions apply to every offer from us via our Webshop and to every distance contract concluded between us and you via our Webshop, insofar as you act as a consumer (natural person who does not act for purposes related to his trade, business, craft or profession).
2. We will make these general terms and conditions available to you before you confirm your order. If this is not reasonably possible, we will indicate before you place your order how the general terms and conditions can be viewed and we will send you these general terms and conditions free of charge as soon as possible upon your request. By confirming your order, you agree to these general terms and conditions.
3. We advise you to read these general terms and conditions, because they describe what you can expect. We also advise you to download and save these general terms and conditions, so that you can also read them at a later time.
4. In the event that specific product or service conditions or campaign conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly.
Article 4 – The offer
1. In order to ensure that you can make a good assessment of our offer, we do our best to inform you as well and completely as possible on our Webshop, in these general terms and conditions and during your order about the products, services and/or digital content, our offer and your rights and obligations.
2. If our offer has a limited period of validity and/or is made subject to conditions, we will mention this with the offer, for example.
3. Despite our efforts, it is possible that this information contains errors or mistakes. If these are obvious errors or mistakes, they will not be binding on us.
4. The products offered in the ThermalGlass webshop consist of consumer electronics including, but not limited to wearable smart devices and related services.
Article 5 – The agreement
1. The agreement is concluded – subject to section 4 below – at the moment that you accept our offer in the Webshop and meet the conditions set. An exception to this is when we have good reasons not to enter into the agreement. In that case, we will decide not to accept your order. No purchase agreement will then be concluded. We will inform you of this decision and the reason for it.
2. After acceptance, we will send you – when we accept your order – a confirmation of your acceptance containing information about your order.
3. We take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If you pay electronically, we will observe appropriate security measures.
4. In the following circumstances, we are entitled not to accept, cancel or deliver the order - whether or not preceded by termination of the agreement insofar as it has already been concluded - or to attach special conditions to the performance of the purchase agreement:
doubts as to whether you will (be able to) meet your payment obligations or any other obligations under the purchase agreement or these general terms and conditions;
we suspect that you or the purchase agreement is involved in any form of fraud, including but not limited to any suspicion of the existence of an act that is contrary to these terms and conditions, or is aimed at disrupting or circumventing the normal ordering or delivery process, or using unlawful methods of payment (including credit card fraud);
we are requested by a third party involved in the purchase (such as a credit card company, service provider, etc.) not to accept or cancel the purchase; or
there are any other facts or factors that make us doubt whether we can responsibly enter into a distance contract with you
5. We sell our products under the condition precedent that you fulfil all obligations arising from the purchase agreement and related agreements in a timely manner. This also includes obligations arising from non-fulfilment or from the dissolution and annulment of the purchase agreement and related agreements. If these obligations are not fulfilled in a timely manner, the agreement will lapse. This means that we become the owner of the products. As the owner, we have the right, for example, to reclaim the product or the right to remotely lock the product. Products that are reported missing or stolen will also be reclaimed and/or locked. When a device is locked, the data stored on it will no longer be accessible. You will have to make an external backup of your data. We are not liable for the loss of data or for the inability to use your product. If you sell the product, you must inform the buyer that we will demand the return of the product or remotely lock the product if you have not fulfilled your obligations towards us.
Article 6 – Right of withdrawal
For products:
1. You can cancel an agreement regarding the purchase of a product during the statutory withdrawal period of 14 days without giving any reason, unless we have clearly informed you that a different cooling-off period applies to the specific product. This period is also called your cooling-off period.
2. The cooling-off period referred to in paragraph 1 commences on the day after you, or a third party designated by you in advance, who is not the carrier, has received the product, or:
if you have ordered multiple products in the same order that are delivered separately: the day on which you, or a third party designated by you, who is not the carrier, has received the last product;
if the delivery of a product consists of different shipments or parts: the day on which you, or a third party designated by you, who is not the carrier, has received the last shipment or the last part;
in the case of agreements for regular delivery of products during a certain period: the day on which you, or a third party designated by you, who is not the carrier, has received the first product.
5. We sell our products under the condition precedent that you fulfil all obligations arising from the purchase agreement and related agreements in a timely manner. This also includes obligations arising from non-fulfilment or from the dissolution and annulment of the purchase agreement and related agreements. If these obligations are not fulfilled in a timely manner, the agreement will lapse. This means that we become the owner of the products. As the owner, we have the right, for example, to reclaim the product or the right to remotely lock the product. Products that are reported missing or stolen will also be reclaimed and/or locked. When a device is locked, the data stored on it will no longer be accessible. You will have to make an external backup of your data. We are not liable for the loss of data or for the inability to use your product. If you sell the product, you must inform the buyer that we will demand the return of the product or remotely lock the product if you have not fulfilled your obligations towards us.
For services and digital content not supplied on a tangible medium:
3. You may terminate a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during the statutory withdrawal period of 14 days without giving any reason, unless we have clearly informed you that a different withdrawal period applies to the specific service or digital content. This withdrawal period commences on the day following the conclusion of the agreement.
Article 7 – Your obligations during the cooling-off period
1. You do not have to give us a reason why you want to use the cooling-off period, but you must handle the product and its packaging with care during the cooling-off period. By this we mean that you will only unpack and use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that you only view and use the product in a way that you would be allowed to do in a shop.
2. If you have handled the product in a different – more extensive – manner than described above and this has resulted in a reduction in value, we will charge you the costs for this when you use your cooling-off period.
Article 8 – Exercise of the right of withdrawal and costs thereof
1. If you wish to exercise your right of withdrawal, you must inform us of this within the cooling-off period. You can contact our Customer Service for this purpose, in which case you must clearly state that you wish to exercise your right of withdrawal. You can use the model withdrawal form, included in the appendix to these general terms and conditions, for this purpose, but this is not necessary or provide another unambiguous statement in which you declare that you are withdrawing from the agreement.
2. If you make this notification electronically, we will send you a confirmation of receipt as soon as possible after receiving your notification.
3. You will then return the product or hand it over to us - or to someone authorized by us for this purpose - as soon as possible, but in any case within 14 days from the day following the notification referred to in paragraph 1. This does not apply if we have offered to collect it from you.
4. You must return the product with all accessories supplied, in its original condition and, if reasonably possible, in its original packaging, and in accordance with the (reasonable) instructions given by us.
5. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with you.
6. You bear the direct costs of returning the product. This does not apply if you use the return label provided by us for the return, in which case the return will be free of charge.
7. If you have ordered a service from us and you have expressly requested us to start performing the service during the cooling-off period, you will owe us an amount that is proportional to that part of the obligation that we have fulfilled at the time of withdrawal, compared to the full fulfillment of the obligation. If the service has been fully performed within the cooling-off period, you will no longer be entitled to a right of withdrawal – if the conditions stated in article 10.1 (a) have been met.
8. Even if you order digital content from us that is not delivered on a tangible medium, you will have to reimburse the costs for the full or partial delivery of this digital content, unless:
you have not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period prior to delivery;
you have not acknowledged that you lose your right of withdrawal by giving your consent; or
we have failed to confirm this declaration from you.
9. If you exercise your right of withdrawal, all supplementary agreements are also automatically terminated.
Article 9 – Our obligations in case of withdrawal
1. If you have informed us that you wish to exercise your right of withdrawal and the product has been returned, we will refund all payments to us, including the delivery costs of the standard (least expensive) delivery method offered by us, as soon as possible - but in any case within 14 days from the date of this notification by you. If you have chosen a more expensive delivery method, we will not refund the additional costs for this more expensive method.
2. Unless otherwise agreed, we will refund the amount free of charge using the same payment method as the original transaction.
3. Unless we have offered to collect the product ourselves, you can only request us to make the refund after we have received your product or after you have shown that you have returned the product, whichever is the earlier.
Article 10 – Exclusion of the right of withdrawal
1. You do not have a right of withdrawal for the following products and services:
Service contracts, after full performance of the service, but only if: o the performance has begun with your express prior consent; and you have declared that you will lose your right of withdrawal once the entrepreneur has fully performed the contract;
Products manufactured to your specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by you or which are clearly intended for a specific person;
Sealed products which are not suitable for return for reasons of health protection or hygiene and were unsealed after delivery;
Products which, according to their nature, are inseparably mixed with other items after delivery;
The supply of digital content other than on a tangible medium, unless:
the performance has begun without your express prior consent; andyou have not acknowledged that you thereby lose your right of withdrawal.
Article 11 – The price
1. In deviation from the previous paragraph, we can offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which we have no influence. This subjection to fluctuations and the fact that any prices stated are target prices, will be stated in the offer.
2. The prices stated in the offer of products or services on our Webshop include VAT.
Article 12 - Compliance with the agreement and additional warranty
1. By law, you have the right to a normally functioning product. If your purchase breaks down sooner than you expected, you can let us know. We will then offer a solution in accordance with the statutory warranty provisions, which means that in the event of a non-compliant product, you are entitled to free repair or replacement. In the EU, the term of the statutory warranty is 2 years.
Article 13 - Delivery and execution
1. We will take the greatest possible care when receiving and executing orders and will deliver orders accepted by us as soon as possible to the address you have specified, but in any case within 30 days.
2. We will make two (2) attempts to deliver your order to the address you have specified. If the order cannot be received by you during one of these two attempts, we reserve the right to terminate the purchase agreement. In that case, we will not make a new attempt to deliver the order and we will refund the amount paid by you.
3. If delivery is delayed, or if an order cannot be executed or can only be executed in part, you will receive a message about this. In that case, you have the right to terminate the agreement. After termination by you, we will refund the amount paid by you.
4. The risk of damage and/or loss of products remains with us until the moment of delivery to you, or a representative designated by you in advance and made known to us, unless expressly agreed otherwise.
Article 14 - Transactions: termination
1. You may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products or services at any time, taking into account the agreed termination rules and notice periods.
2. You may terminate an agreement entered into for a definite period and which provides for the regular delivery of products or services at any time towards the end of the fixed term, taking into account the agreed termination rules and notice periods.
3. You may terminate the agreements referred to in the previous paragraphs:
at least in the same manner in which you entered into them; and
always with the same notice period as that against which we can terminate the agreement. Extension An agreement entered into for a definite period and which provides for the regular delivery of products or services that is tacitly extended for an indefinite period, may be terminated by you at any time after extension with a notice period of one month.
Article 15 - Payment
1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by you must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after you have received confirmation of the agreement.
2. If we have agreed that you will pay for your order in advance, you cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. You are obliged to report any inaccuracies in the payment details provided or stated to us immediately.
4. If you do not meet your payment obligation(s) on time, after we have notified you of the late payment and we have granted you a period of 14 days to still meet your payment obligations, if payment is not made within this 14-day period, you will owe statutory interest on the amount still owed and we will be entitled to charge the extrajudicial collection costs incurred by us. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500, 10% on the next €2,500, and 5% on the next €5,000, with a minimum of €40, excluding VAT.
Article 16 - Complaints procedure
1. If you have a complaint, please report it to us via our Customer Service. See article 2 for our customer service pages on Thermal.Glass where you can find more information on how to contact us.
2. Complaints about the performance of the agreement must be reported to us fully and clearly described within a reasonable time after you have discovered the defects.
3. Complaints reported to us will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, we will respond within the period of 14 days with a confirmation of receipt and an indication of when you can expect a more detailed answer.
4. The general terms and conditions and a summary of the order are included in the order confirmation email.
Article 17 - Disputes
1. We strive to resolve disputes quickly and efficiently. If you are not satisfied with the way we handle disputes and you wish to take legal action, you must do so in accordance with the Disputes Committee of the European Union via the Online Dispute Resolution Platform. The platform can be reached via the following link: http://ec.europa.eu/odr.
2. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
Article 18 - Amendment of the general terms and conditions
We reserve the right to change these terms and conditions at any time and without prior notice. However, such change will not apply to orders placed before the revised terms and conditions are published on this website.
Appendix I: Model withdrawal form
Model withdrawal form
(complete and return this form only if you wish to cancel the agreement)
To:
[ name of entrepreneur]
[ geographic address of entrepreneur]
[ fax number of entrepreneur, if available]
[ e-mail address or electronic address of entrepreneur]
I/We* hereby inform you that I/we* revoke our agreement concerning the sale of the following products: [product designation]*
the delivery of the following digital content: [digital content designation]*
the provision of the following service: [service designation]
*
Ordered on*/received on* [date of ordering for services or receiving for products]
[Consumer(s) name]
[Consumer(s) address]
[Signature of consumer(s)] (only when this form is submitted on paper)
* Cross out what does not apply or fill in what applies.
PLEASE NOTE : Returning a package via Holoindustry is free of charge when you request the return via the website or customer service. When you choose to use the above model form, the customer will pay the shipping costs themselves.
Holoindustry Service Terms and Conditions
1. Agreement between Holoindustry and the User
1.1. In this document, the following terms have the following meanings:
“We”, “us”, or “Holoindustry” means Holoindustry Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság whose registered office is at 1118 Budapest, Sümegvár köz 9. Hungary; and
“User” or “you” means a user of Holoindustry’s Services; and
“Services” means Holoindustry products, applications, software, services, websites and other related services provided by us or a third party designated by us, excluding any services provided under a separate written agreement; and
“Content” means digital content, including but not limited to applications provided by Holoindustry or third parties through the Website (if provided by Holoindustry, “Holoindustry Content”, and if provided by a third party and not Holoindustry, “Third Party Content”); and
“Third Party Services” means websites, content, resources and services provided by a third party and not Holoindustry.
1.2. Your use of the Services is subject to Section 5.1 and the other terms and conditions set forth below and all other terms and policies applicable to the User, including but not limited to Holoindustry’s Privacy Policy and additional terms for certain Services (all such terms and conditions together constituting this “Agreement”). If use of a Service or part thereof requires the User to have a Holoindustry Account, the Holoindustry Account Terms shall govern the User’s registration for, and use of, the Holoindustry Account. In the event of any conflict between the terms of this Agreement and the Holoindustry Account Terms, this Agreement shall govern your use of the Services, and the Holoindustry Account Terms shall govern the use of the Holoindustry Account in connection with the Services.
2. Acceptance of this Agreement
2.1. You must accept the terms of this Agreement in order to use the Services, and may not otherwise use the Services. By using our Services, you agree to the terms of this Agreement and this Agreement is legally binding between you and Holoindustry in relation to the Services and your use of the Services.
2.2. In order to use a Service or part thereof, the User may be required to have a Holoindustry Account. A User can set up this Account via https://Thermal.Glass/ with connected devices. Users who already have a Holoindustry Account can enjoy these Services by simply logging in. Use of a Holoindustry Account will be subject to the Holoindustry Account Terms and Conditions.
2.3. If you are a minor, you represent that you have reviewed these Terms and Conditions with your parent or legal guardian and that you and your parent or guardian understand and agree to these Terms and Conditions. If you are a parent or guardian permitting a minor ("Minor") to use the Services, you agree to: (i) supervise the Minor's use of the Services; (ii) assume all risks associated with the Minor's use of the Services, including the receipt and transmission
of information and materials through the Services and transactions entered into for Third Party Content and Services (as those terms are defined in Section 4.2); (iii) assume all liability arising from the Minor's use of the Services; and (iv) be bound by this Agreement for the Minor's access and use of the Services.
3. Registration for the Services
3.1. To access the Services, you may be asked to provide information about yourself as part of the registration process for the Services, or as part of your continued use of the Services.
3.2. You may be asked to provide a username using your email address, date of birth and passwords to
create your account with us ("Account"). You understand that you are responsible for maintaining the confidentiality of your username, date of birth and passwords. You therefore agree that you are solely responsible to Holoindustry for all activities that occur under your Account and that we are not responsible for any problems with your Account resulting from misuse of your username, date
of birth and/or passwords. If you become aware of or suspect any unauthorized use of your username, date of birth, passwords or your Account, you agree to immediately notify us via the Help menu of the Services.
3.3. After completion, checking and acceptance of your registration data by us, you will be registered as a buyer.
3.4. You may choose the credit card option in settings when purchasing Content (by providing your credit card details there). Your credit card details and billing information will be stored, managed and retained by credit card companies or our payment gateway provider. Their privacy policies apply to your credit card details and other personal information provided to them. Your credit card details are not stored, managed and/or retained by Holoindustry.
3.5. If your place of residence does not match your credit card or telephone billing information, you will not be able to purchase Content (as defined herein).
4. The Services
4.1. General
The Services are provided to you by Holoindustry and in some cases by Holoindustry Affiliates (as defined in Section 19.6) on behalf of Holoindustry. You agree that any Holoindustry Affiliates are entitled to provide the Services to you under this Agreement.
You acknowledge and agree that the form and nature of the Services provided may change from time to time without notice. Holoindustry will use commercially reasonable efforts to notify you of any material changes to the Services.
You acknowledge and agree that Holoindustry may suspend or discontinue the provision of Services (or any part of the Services) to a specific User or all Users at its sole discretion upon prior notice.
4.2. Content, Third Party Services
The Services may include Content (including Holoindustry Content and/or Third Party Content) or link to Third Party Services. Your access to and use of Third Party Content and Third Party Services is governed by an agreement between you and the provider of the Third Party Content or Third Party Services, and is not subject to the terms of this Agreement or any other agreement between you and us.
You purchase and use Third Party Content and Third Party Services at your own risk. User acknowledges and agrees that Holoindustry is not responsible for, and shall not be liable for, any Third Party Content or Services or User's purchase, use or reliance thereon, including the availability, suitability, reliability, or performance thereof, and Holoindustry does not endorse any Third Party Content or Third Party Services or any advertising, products or other materials contained in or available through Third Party Content or Third Party Services.
HOLOINDUSTRY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD PARTY CONTENT OR ANY THIRD PARTY SERVICE, AND HOLOINDUSTRY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
5. Use of the Services
5.1. The Services are provided solely for your personal, non-commercial use. Holoindustry hereby grants you, subject to the terms of this Agreement, a limited, personal, non-exclusive, non-transferable, and revocable right to use the Service solely as permitted in this Agreement and any applicable separate terms and conditions of Holoindustry, which right you hereby accept. Access to the Services is licensed, not sold. All references to the Services include all related graphics, user interfaces, scripts, and software for implementing and providing access to the Services, and any updates, upgrades, enhancements, modifications, changes or additions to the Services that are made available by Holoindustry. However, Holoindustry is not obligated to provide any updates, upgrades, enhancements, modifications, changes or additions to the Services.
5.2. You may not access or attempt to access any of the Services by any means other than through the interface for the Services that is provided by Holoindustry. Without limiting the foregoing, you may not access or attempt to access any of the Services through any automated means, including scripts or web crawlers.
5.3. You agree to comply with all instructions made available to you in connection with the Services.
5.4. Certain Services may automatically download and install updates from Holoindustry from time to time. Such updates may take various forms, including bug fixes, enhanced or new functions or features, new software modules and completely new versions. You agree to receive such updates (and permit Holoindustry to deliver such updates to you) as part of the Services.
5.5 You shall not engage in any activity that interferes with or disrupts the Services or servers or networks connected to the Services.
5.6. You may not reproduce, reverse engineer, duplicate, copy, retransmit, distribute, sell, trade or resell all or any portion of the Services, any code incorporated into the Services, or all or any portion of the Third Party Content or Services.
5.7. The Service may be subject to additional terms of service and may require additional consent from you before such Service or any feature or functionality of such Service is made available to you. By providing such additional consent, you will be bound by the applicable additional terms in addition to this Agreement. To the extent there is a conflict between the additional terms and this Agreement, the additional terms will control, but only to the extent they specifically relate to the Service to which the additional terms apply.
7. Your right to cancel a purchase
7.1. You have the right to cancel a contract for the purchase of Content within 14 days (the "Cooling-Off Period") without giving any reason. However, the Cooling-Off Period will expire on the earlier of: (a) 14 days after the day of purchase or (b) immediately when you start downloading the purchased Content.
7.2. How to cancel: To exercise the right to cancel, you must inform us of your decision to cancel the purchase by a clear statement, containing all the details of your purchase, sent to the customer support email,
contact@Thermal.Glass . To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. You may use the sample cancellation form below or you may use any other wording, provided that you include the most important of the elements mentioned above.
Sample cancellation form:
To [Holoindustry]:
I hereby give notice that I cancel my purchase contract regarding the following digital content:
[Purchased content details]
Ordered on [*]:
Name of consumer:
Consumer's address:
Signature of consumer (only when this form is submitted on paper)
Date
7.3. Effect of cancellation: We will reimburse to you any payment received from you in respect of the Content that you have cancelled, provided that you cancel a purchase during the Cooling-off Period. We will make the reimbursement without undue delay and in any event not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will either: (a) refund your payment card; or (b) issue you with a gift voucher for the equivalent amount.
7.4. After the Cooling-off Period: After the end of the Cooling-off Period, purchases cannot be refunded or cancelled. In the event of a material error in any purchased Content, Article 7.5 below will apply.
7.5. Cancellation due to defects: If the download or delivery of the purchased Content or item is not possible due to a technical problem, and/or a purchased Content or Itemhas a material defect, we request that you, notwithstanding Articles 7.1-7.4, contact us at
contact@Thermal.Glass and the purchased item or service will be replaced and made available for download again, or a refund will be made to you upon your request.
8. Licensing Content
8.1. The Content made available to you through the Services is licensed, not sold, to you. Your license for each item of Content you obtain through the Service is subject to the applicable end user license agreement or other applicable end user terms of use. All rights not expressly granted to you herein are hereby reserved.
8.2 You acknowledge that your license with respect to each item of Third Party Content through the Services is governed by a separate agreement between you and the provider of the Third Party Content solely, and that the provider of the Third Party Content is solely responsible for (a) the licensed Third Party Content, (b) the content and functionality contained therein, (c) any warranties provided, and (d) any claims you may have relating to, or your use of, such Third Party Content. You acknowledge that Holoindustry (i) acts solely as a distributor with respect to providing Third Party Content to you, (ii) is not a party to any such license, and (iii) is not responsible for the Third Party Content, the content and functionality contained therein or any warranties or claims you may have relating to, or your use of, such Third Party Content.
8.3. The Services make Content available to end users for non-commercial use only. You warrant and represent that you will download the Content you purchase to your devices for personal use only. Content may be downloaded multiple times and to any number of your devices, but in any event to no more than ten (10) devices registered to your Account, provided that no more than one (1) copy is installed on any single device at any one time. You also acknowledge that: (a) Holoindustry may determine, reduce or modify the number of devices to which you may download the Content in its sole discretion; (b) some Content, particularly in-App purchases, whether paid or unpaid, do not permit downloading to multiple devices; and (c) not all of your devices, whether or not on the same platform, are capable of multiple downloads.
8.4. You understand that the Services and Content incorporate a security framework that uses technology to protect digital information ("Security Framework"). Your use of the Content is restricted by certain usage rules established by this Security Framework.
9. System Requirements
9.1. Use of the Services requires a device compatible with the Services. Use of the Services may require a device with Internet access (possibly for a fee), certain software (possibly for a fee), and may require obtaining updates or upgrades from time to time. Because use of the Services requires hardware, software, and Internet access, your ability to use the Services may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may change from time to time, are your responsibility. The Services are not part of any other product or offering, and no purchase or rental or acquisition of any other product shall be construed as acquiring or guaranteeing access to the Services.
10. Content Classification of Content
10.1. We will, where applicable, attempt to provide a content classification for Content that we make available through the Services in accordance with applicable standard classification procedures in your jurisdiction. Where the Content is developed by a third party, we will rely on the classification provided by that third party.
11. VAT and other sales taxes
11.1. Payment for Content is inclusive of VAT or other sales tax at the applicable rate.
12. Property rights
12.1. You acknowledge and agree that Holoindustry (or Holoindustry's licensors) owns all legal right, title and interest in and to the Services, including all intellectual property rights subsisting in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
12.2 You agree not to remove, obscure, or alter any proprietary notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
12.3. Unless expressly permitted in writing by Holoindustry, you agree that in using the Services you will not use any trademark, service mark, trade name, logo of any company or organization in a manner that is likely or intended to cause confusion as to who is the owner or authorized user of such marks, names or logos.
13. Software Updates and Availability of the Services
13.1. The software you use in the Services may from time to time automatically download and install updates from Holoindustry. These updates are designed to improve and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive these updates (and permit Holoindustry to provide them to you) as part of your use of the Services.
13.2. Holoindustry reserves the right to modify, improve and correct the Services at its sole discretion. The Services may not be available during maintenance and at other times. Holoindustry may also decide at its sole discretion to discontinue the Services or any part thereof. In such event, you will be notified in advance.
14. Termination of your relationship with Holoindustry
14.1. This Agreement will remain in effect until terminated by either you or Holoindustry as set forth below.
14.2. If you wish to terminate the Agreement, you may do so by (a) notifying Holoindustry of your intention to terminate the Agreement and (b) closing your Accounts for all Services that you use using the procedure described in this section where Holoindustry has made this option available to you. You must notify us through the Help menu of the Services. Upon receipt of your message, we will send you an email notice of closure of your Account and your Account will be closed. Termination of your relationship with Holoindustry as a buyer will not affect your use of our Services as a seller.
14.3. Holoindustry may terminate the Agreement with you at any time by sending written notice of termination to the email address we have on file for you. Upon delivery of this email, your Account will be closed. Termination of your relationship with Holoindustry as a buyer will not affect your use of our Services as a seller.
15. Liability
15.1 We do not warrant that the Services:
be compatible with all or some of the hardware and software that you use;
will be available at all times or at any specified time and/or will be uninterrupted, secure or error-free;
will be suitable for your requirements or meet a particular level of performance or functionality; or
will be free from viruses, interference, hacking, corruption or other security intrusions.
15.2. We reserve the right to withdraw or amend the Services at any time.
15.3. We will only be liable to you for direct losses you suffer as a result of a breach of these terms by us. We will not be liable for any losses you may incur that were not a foreseeable consequence of a breach of these terms by us, for example if you and we could not have anticipated such losses before or at the time you started using the Services. Our liability to you will in no event extend to any business losses you may suffer, including but not limited to lost data, loss of profits or business interruption. In any event, our liability to you for any breach of this Agreement, negligence or other default will not exceed the price of the purchase in question.
15.4 By using the Services, you agree to indemnify Holoindustry and other companies and undertakings in the Holoindustry group against all costs, damages, claims, liabilities and expenses arising out of your breach of these Terms, the Privacy Policy and/or any other applicable terms and conditions.
15.5. The information, documents, software and other materials accompanying the Service are provided "as is". We try to ensure that these materialsare accurate and up to date, but we cannot be responsible for any errors or inaccuracies. Our liability to you, as set out above, is not affected by this.
15.6. To the fullest extent permitted by law, we expressly exclude all representations, conditions, warranties or other terms which apply to the Services and any related content/information, including any implied warranties of satisfactory quality, merchantability, fitness for a particular or specific purpose or non-infringement which might otherwise apply but for this clause.
15.7. If these limitations and exclusions are not permitted in an applicable jurisdiction, our liability will be limited and excluded to the greatest extent permitted by law.
15.8. NB: Nothing in these Terms affects your statutory rights as a consumer.
16. Copyright and Trademark Policy
16.1. Holoindustry's policy is to respond to notices of alleged copyright infringement in accordance with applicable international intellectual property laws and to terminate the accounts of repeat infringers.
17. Other content
17.1. The Services may contain hyperlinks to other Third Party Services. Holoindustry may not have any control over Third Party Services.
17.2. You acknowledge and agree that Holoindustry is not responsible for the availability of Third Party Services, and does not endorse any advertising, products or other materials on or available from such websites or resources.
17.3. You acknowledge and agree that Holoindustry is not liable for any loss or damage which may be incurred by you as a result of the availability of any Third Party Services, or as a result of your reliance on the completeness, accuracy or existence of any advertising, products or other materials on or available from such Third Party Services.
18. Changes to the Terms
18.1. Holoindustry may change the Terms from time to time. When these changes are made, Holoindustry will notify the User.
18.2. If the User does not accept the updated Terms, the User will not be able to use the Payment Service.
19. General legal terms and conditions
19.1. When you use the Services, you may sometimes (as a result of or through your use of the Services) use a service or download a piece of Content provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the relevant company or person. If so, the Terms do not affect your legal relationship with these other companies or persons.
19.2. The Terms and the other documents referred to in the Terms constitute the entire legal agreement between you and Holoindustry and govern your use of the Services (except for any services which Holoindustry may provide to you under a separate written agreement), and completely replace any prior agreements between you and Holoindustry in relation to the Services.
19.3 You agree that Holoindustry may provide you with notices, including notices regarding changes to the Terms, by email, regular mail or a posting on the Services.
19.4 You agree that if Holoindustry does not exercise or enforce any legal right or remedy contained in the Terms (or which Holoindustry has under applicable law), this will not be taken as a formal waiver of Holoindustry's rights and that those rights or remedies will still be available to Holoindustry.
19.5. If any court having jurisdiction over this matter finds any provision of these Terms to be invalid, then that provision will be removed from the Terms without affecting the remainder of the Terms. The remaining provisions of the Terms will remain valid and enforceable.
19.6. You acknowledge and agree that all Holoindustry Affiliates are third party beneficiaries of the Terms and shall have the right to directly enforce, and may rely upon, any provision of the Terms that confers a benefit on (or rights in favor of) them. Other than them, no other person or entity shall be a third party beneficiary of the Terms. For the purposes of this Agreement, a “Holoindustry Affiliate” shall mean any corporation, partnership, firm, or other legal entity that controls or is controlled by Holoindustry or is under common control with Holoindustry; the terms “control” and “control over” shall mean the ability to direct the management of such entity.
19.7. You may not transfer, assign, charge or otherwise dispose of this Agreement or any of your rights or obligations hereunder without our prior written consent. We may transfer, assign, charge, subcontract or otherwise dispose of this Agreement or any of our rights or obligations hereunder at any time during its term.
19.8. We will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under this Agreement if caused by events beyond our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, inability to use railways, shipping, aircraft, motor transport or other means of public or private transport, inability to use public or private telecommunications networks, the acts, decrees, laws, regulations or restrictions of any government. Our performance under the Agreement shall be deemed to be suspended for the period during which the Force Majeure Event continues to exist, and we shall be granted an extension of time for performance equal to that period. We shall use reasonable efforts to terminate the Force Majeure Event or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
19.9. The Terms and your relationship with Holoindustry under the Terms shall be governed by the laws of Hungary, without regard to its conflict of laws provisions. You and Holoindustry agree to submit to the exclusive jurisdiction of the courts of Hungary to resolve all legal matters arising out of or in connection with these Terms (including non-contractual matters). Notwithstanding the foregoing, you agree that Holoindustry shall still be permitted to apply for injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.
