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Terms of Delivery and Purchase
This document applies to the entire business activities of BRW Tools Kft. (hereinafter referred to as BRW), including online wholesale mail order, the wholesale unit operated by BRW at its location in Székesfehérvár, Topolyai utca 2, and the distribution of goods directly delivered to business customers.
General Conditions:
Copyright
1.1 The pages of the website are protected by copyright. This copyright specifically includes protection against reproduction, adaptation, translation, storage, and processing on other media, including electronic storage or processing. Any use of these pages, whether in part or in whole, is only permitted with the prior written consent of BRW. Both the content and structure of the website are protected by copyright law. Any reproduction of information or data, especially use of texts or parts thereof, or images, is only permitted with BRW's prior written consent. The illustrations are protected by copyright, and BRW retains the right of distribution and reproduction. This right remains in full effect even after the automatic or manual archiving of the images.
Trademarks
2.1 The logos of Brütsch Rüegger Tools, FUTURO, and NERIOX, as well as the visual appearance of these products, are registered trademarks of Brütsch Rüegger Tools AG. Unauthorized use or infringement of these trademarks is expressly prohibited and violates laws governing trademarks, copyright, intellectual property rights, and fair competition.
Disclaimer Concerning Third-Party Websites
3.1 The pages of this website may contain links (i.e., hyperlinks) to other websites operated by third parties. BRW is not familiar with the content of these websites and merely facilitates access to them. Therefore, BRW assumes no responsibility for the content of these third-party websites. Links to third-party websites are intended solely to assist in locating these sites, and the statements on these linked pages are not made by BRW. BRW explicitly disclaims responsibility for any content on third-party sites accessed through links on its website, including any potential legal violations or infringement of third-party rights.
3.2 Only the owner of each linked website is responsible for the content of those sites accessed via hyperlinks from BRW's website.
3.3 BRW assumes no responsibility for any violations found on linked websites, including infringements on copyright, trademark, intellectual property, or personal rights.
3.4 For any legal declarations concerning orders or other transactions, a contractual relationship is established solely between the user and the owner of the respective website, or the individual offering the product on that site, and under no circumstances between BRW and the user. Please refer to the terms and conditions on the linked websites.
General Legal Disclaimer
4.1 BRW Tools Kft. does not sell products to individuals classified as "Consumers" under Section Ptk. 8:1. §. 3. of the Hungarian Civil Code (hereinafter referred to as "Private Individuals"). These general terms and conditions apply to contracts entered into with entities classified as "Businesses" in Section Ptk. 8:1§ 4. of the Civil Code. According to the Civil Code, a consumer is a natural person acting outside the scope of their profession, occupation, or business activity, while a business is defined as a person acting within the scope of their profession, occupation, or business activity.
We do not acknowledge terms and conditions from our customers that contradict or deviate from these general terms and conditions unless we have explicitly agreed to them in writing. These general terms and conditions also apply to future transactions with our customers, even if they are not explicitly referenced.
4.2 BRW's liability for damages, regardless of the cause, is limited to cases of intentional harm. In cases where BRW is required to provide mandatory compensation due to a serious breach of contractual obligations, the total amount of the claim is limited to foreseeable damages. Thus, we do not assume liability if the breach of contract is caused by unforeseeable circumstances beyond our control at the time of contract conclusion, and it is unreasonable to expect us to avoid or mitigate these circumstances.
This limitation of liability does not apply to endangerment of human life, bodily injury, or damage to health.
4.2.1 BRW makes every effort to ensure that its website is virus-free; however, complete virus protection cannot be guaranteed. Therefore, we recommend that all users ensure adequate virus protection (e.g., by using antivirus software).
4.3 Please note that purchases and orders in our online store are only possible after registration.
4.4 The date of an order is considered the date on which our colleague prepares and sends the order confirmation.
4.5 By placing an order, the Buyer makes an offer, which becomes effective when we confirm the online order by email or phone. The confirmation includes the Buyer’s details, the name, quantity, and price of the product, the total value of the order, the method of collection and payment, the shipping terms, and any applicable shipping and packaging costs.
4.6 Order confirmation will be provided on the business day following receipt of the order. If confirmation is not received by the next business day, the consumer is released from their binding offer.
4.7 We assume no responsibility for undelivered or delayed orders due to the quality, errors, or lack of internet service, for emails lost due to technical reasons at the email provider, or for incomplete or delayed orders resulting from incorrect prices, stock information, or shipping terms listed on our website.
4.8 The purchase price is the net price listed next to the products plus shipping, packaging costs, and VAT.
4.9 Minimum order amount: 10,000 HUF net (excluding shipping, packaging costs, and VAT). If the order value does not reach the minimum, an administrative fee equal to the difference will be automatically applied.
4.10 BRW Tools Kft. generally waives shipping and packaging costs for orders exceeding 40,000 HUF net. Exceptions are made for special items due to size or weight. For these items, the shipping and packaging cost indicated on the order confirmation sent by our colleague will apply. For orders under 40,000 HUF net, the shipping and packaging cost is 3,500 HUF net.
4.11 BRW Tools Kft. reserves the right to have orders delivered only by contracted and accredited delivery companies. Ordered goods may also be picked up at our premises by prior arrangement. We do not assume responsibility for any damages incurred during transport.
4.12 BRW strives to deliver ordered and confirmed items as quickly as possible. For items in our warehouse, the delivery time is generally three business days after confirmation. For items marked "on request," longer delivery times apply, as indicated on the order confirmation. These items are stored in our partners' warehouses, so unforeseen stock shortages may delay or prevent delivery. In such rare cases, BRW will promptly inform the customer that the item is unavailable or can only be delivered at a later date.
4.13 Until payment of the invoice, the delivered goods remain the property of the Supplier. The Buyer may not dispose of, encumber, or destroy the goods prior to payment under penalty of law.
5. Data Protection:
5.1 Customer data is used exclusively for our invoicing and accounting documentation. Customer data is shared with shipping companies for the duration of delivery. By providing the necessary information for order fulfillment, you consent to the processing of your data for the purposes of order fulfillment, shipping, invoicing, and accounting. The delivery companies currently contracted by our company are UPS, Dachser, Streck, GLS, Magyar Posta, and their appointed subcontractors. These companies have contractually agreed to handle data confidentially. Data processing is conducted in compliance with Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information (Information Act). Beyond these specified cases, customer data is not shared with third parties.
BRW informs its customers that invoices issued are retained according to the obligations outlined in the VAT Act and Accounting Act. In accordance with Section 15 of the Information Act, upon request, BRW will provide customers with information (via email: info@brwtools.hu or by mail: BRW Tools Kft, 8000 Székesfehérvár, Topolyai utca 2) regarding data processed by BRW or its appointed data processors, the source of data, the purpose, legal basis, and duration of processing, the name, address, and activities of the data processor related to data processing, and the legal basis and recipient of any data transfer involving personal data.
BRW is obligated to provide this information within the shortest possible time, but no later than 30 days from the submission of the request, in a clear and understandable format, and in writing upon the customer’s request. This information is provided free of charge if the customer has not previously submitted a similar request within the current year. In other cases, BRW may charge a reasonable, proportional fee for the information provided.
In the event of a violation of data protection regulations, the National Authority for Data Protection and Freedom of Information (NAIH) may proceed ex officio or upon the customer’s report. In cases of violation of the customer’s rights, they may file a complaint against the data controller in court under the Information Act and, in specific cases outlined in the Act, may seek compensation or damages.
6. Handling of Quality Complaints:
6.1 Please report any quality complaints regarding the goods in writing without delay. (Email: info@brwtools.hu or by mail: BRW Tools Kft, 8000 Székesfehérvár, Topolyai utca 2)
7. Products Covered by Mandatory Warranty
BRW Tools Kft. adheres to the warranty period specified by the manufacturers it represents. This is generally 12 months, with any exceptions explicitly noted in our documentation (such as offers or invoices).
The manufacturer's warranty does not apply if any modification has been made to the equipment. Additionally, the warranty is void if the serial number or label identifying the device is damaged or removed.
Devices for warranty repair should be delivered with a delivery note issued by the user, including a detailed description of the defect and any available information on its origin. A copy of the invoice or delivery note verifying the origin and purchase date of the goods must be included. If a warranty card is provided with the ordered product by the manufacturer, its presentation is a requirement for warranty validation; otherwise, the invoice serves as the warranty certificate. Warranty claims can be submitted here: email info@brwtools.hu or by mail: BRW Tools Kft, 8000 Székesfehérvár, Topolyai utca 2.
The location for validating the warranty is the current premises of BRW Tools Kft.
Repairs are conducted either at BRW Tools Kft. or at a service center authorized by the manufacturer. If the manufacturer finds the device to be free of defects, the inspection and shipping costs will be charged to the customer. Upon request, we can provide the manufacturer's service report, and a copy is available upon request.
8. Product Buyback Guarantee and Right of Withdrawal:
8.1 Under Directive 2011/83/EU of the European Parliament and Council, and the provisions of Government Decree 45/2014 (II.26) on the detailed rules of contracts between consumers and businesses, the right of withdrawal does not apply to businesses, i.e., individuals acting within the scope of their profession, occupation, or business activities.
8.2 The Government Decree 45/2014 (II.26) on the detailed rules of contracts between consumers and businesses is available here: https://net.jogtar.hu/jogszabaly?docid=A1400045.KOR
8.3 Directive 2011/83/EU of the European Parliament and Council is available here, with the Hungarian version selectable ("HU"): https://eur-lex.europa.eu/legal-content/HU/TXT/?uri=CELEX:32011L0083
BRW Tools Kft. offers its partners a right of withdrawal if a product selected from the catalog or online store does not meet the customer's expectations. For catalog products (except for items ordered on special request), BRW provides the option to return the item, and will credit the purchase amount after deducting a handling fee of 20% of the product's value, or a minimum of 25 EUR (or the HUF equivalent), provided the item is returned within 10 business days of receipt in new condition, unused, and in complete and unopened packaging. The customer is responsible for all shipping and return costs in such cases.
Customer Complaint Handling Customer complaints are handled in writing or by phone through customer service on business days from 8:00 to 17:00, at the BRW Tools Kft. postal address: 8000 Székesfehérvár, Topolyai utca 2, by calling the main telephone number +36 22 511 100, or by emailing info@brwtools.hu.
BRW states its intent to resolve disputes amicably. If this is not possible, the relevant provisions of the Hungarian Civil Code (PTK) will apply.
BRW Tools Kft.
Dated, Budapest, 2023.06.01.
Company Information:
BRW Tools Kft.
Registered Office/Billing Address: 1062 Budapest, Andrássy út 121
Location/Shipping and Postal Address: 8000 Székesfehérvár, Topolyai utca 2
Company Registration Number: 01 09 948135
Tax Number: 12550904-2-42
EU VAT Number: HU12550904
Bank Account:
Central Tel./Fax: +36 22 511 100 / +36 22 502 604
Central Email: info@brwtools.hu
Website/Webshop: www.brwtools.hu