1. Contracted partners
1.1. The webshop (hereinafter referred to as ’Webshop’) is operated by Scolia Technologies Ltd. (registered office: HUNGARY, 24 Kalvaria ave, 6722 Szeged, registration number: 06-09-023973; registered by registry of companies at Szeged; tax number: 26194387-2-06; e-mail address: info@scoliadarts.com, web page: www.scoliadarts.com) and it is accessible on the website https://scoliadarts.com (hereinafter referred to as ‘Website’) for the purpose of online selling Scolia Technologies Ltd.’s products.
1.2. Particulars of the web hosting service (Service: Nethely Kft. (1115 Budapest, 29 Halmi street email: info@nethely.hu).
1.3. The operation of the Webshop qualifies as providing electronic trade service. Conditions of using the Webshop, rights and obligations of Scolia Technologies Ltd. and the Buyer are stipulated in this General Terms and Conditions (hereinafter referred to as ‘GTC’). Under this GTC, a buyer can be either natural or legal person (hereinafter referred to as ‘Buyer’).
The Buyer is defined as a consumer (hereinafter referred to as ‘Consumer’), if the Buyer natural person acting for purposes which are outside his trade, business or profession according to the Hungarian Civil Code Section 8:1. § (1) point 3. A person acting for purposes which are inside his trade, business or profession is a business party according to the Hungarian Civil Code Section 8:1. § (1) point 4. Under current legislation, special provisions apply to consumer contracts.
Please note that your rights and obligations differ depending on whether you are a Consumer or a legal person.
1.4. The Buyer can place an order either in the Webshop or in e-mail to the info@scoliadarts.com e-mail address.
1.5. When placing an order in the Webshop, or in e-mail, upon payment of its order, the Buyer is considered to accept and acknowledge the following GTC as legally binding. Present GTC is accessible over the internet on the following address: https://scoliadarts.com/terms-and-conditions/
2. Product, Hardware and Software
2.1. Scolia Technologies Ltd. is a gaming experience enhancer with software for the popular darts game. The Product allows players to follow their scores and results, improve their skills, compile statistics about their play.
2.2. The Product is a hardware with pre-installed software (hereinafter jointly referred to as ‘Product’), consisting of the specific algorithms and data content, and a software as a service (hereinafter referred to as ‘SAAS’) to be used in unison with the hardware.
2.3. The hardware includes three cameras (one in each arm of the setup), all of which sends images of the dartboard to the processing unit. Based on the images taken from the cameras, the system can automatically calculate the scored points and able to store the data and generate statistics. Images are leaving the processing unit only in the following three cases:
a) Upon unsuccessful system calibration the images can be stored on Scolia Technologies Ltd.’s servers for further processing and troubleshooting purposes.
b) During finetuning of the camera alignments, images can also be streamed to the client web application. In this case images are not stored on Scolia Technologies Ltd.’s servers, they are only forwarded through the Scolia Technologies Ltd.’s servers from the processing unit to the client web application.
c) For troubleshooting purposes Scolia Technologies Ltd.’s personnel can also stream the images, to determine irregular behaviour of a system. Images are only forwarded through the Scolia Technologies Ltd.’s servers from the processing unit to the client web application.
2.4. The software (specific algorithms and data content) is protected by law. The copyright, patent rights, trademark and all other ancillary rights to the software, and to any other objects that Scolia Technologies Ltd. gives or makes available to the Buyer as part of the Contract’s initiation and execution, belong exclusively to Scolia Technologies Ltd.
The detailed rules for the use of the software are specified in the end user license agreement (accessible via the https://scoliadarts.com/eula/) (hereinafter referred to as ‘EULA’).
2.5. The Buyer must ensure that appropriate safeguards are in place and may not allow the software to be copied, replicated or reverse engineered.
2.6. If the Buyer wishes to place an order in the Webshop the Buyer must first fill in the form available under the CHECKOUT menu item (https://scoliadarts.com/checkout/) in accordance with the instructions for filling in the form (hereinafter referred to as ‘Form’).
Information on the processing of the personal data provided during filling the Form and using the Product can be found under the menu item (https://scoliadarts.com/scolia-privacy-policy/).
Scolia Technologies Ltd. shall deem the incorrectly filled Form as invalid. An invalid Form shall not constitute any obligation for Scolia Technologies Ltd. Furthermore, Scolia Technologies Ltd. shall not be liable in any way for any incorrect performance resulting from incorrect information provided by the Buyer. In case of e-mail orders Scolia Technologies Ltd. requests the same data from the Buyer.
2.7. In the present GTC, the performance of Scolia Technologies Ltd. lasts until hand over of the Product to the courier.
3. Display of Products and prices in the Webshop
3.1. The Buyer can order the Products from Scolia Technologies Ltd. that are displayed in the current offerings of the Webshop.
3.2. The Products are offered with their main characteristics, article number and short description.
3.3. Along with the Product its current gross price will be indicated, which is considered the final consumer’s price. The net price is also specified in the detailed information of the Products. Delivery costs are not included in the price. The delivery costs are charged additionally.
3.4. In case of Products offered at discount prices the actual discount rate is indicated. The original gross price is also provided in the detailed product information.
3.5. Scolia Technologies Ltd. reserves the right to change the prices of the Products. The price change will become valid when the Products are introduced in the Webshop. The price change does not affect the prices of the Products ordered before the change coming into force.
3.6. In case that despite due care and caution of Scolia Technologies Ltd. a false price is specified on the Webshop interface, especially the price being obviously mistaken or resulting from system error, for example 0 or 1 EUR, which is by far different from the generally accepted or estimated price, Scolia Technologies Ltd. is not bound to deliver the Product at false price but Scolia Technologies Ltd. has the right to offer the delivery for the correct price. The Buyer with knowledge of the correct price can cancel their order within 14 (fourteen) days upon having been informed about the correct price, or they can buy the Product.
3.7. Scolia Technologies Ltd. regularly updates the images of the Products in the Webshop, however, their current look or/and packing may differ from those shown in the Webshop. Scolia Technologies Ltd. does not take responsibility for such external differences.
4. Process of ordering
4.1. E-mail order
4.1.1. Data needed for ordering:
– If the Buyer is a natural person: Delivery and billing particulars: name; postal code; locality; street, street number. Accessibility of ordering person: name; phone number; e-mail address.
– If the Buyer is a legal person: Delivery and billing particulars: company name; postal code; country/region; town/city; street, street number; Postcode / ZIP; county; tax number. Accessibility of the person who places the order: name; phone number; e-mail address.
4.1.2. The Buyer chooses the method of payment from the following options: credit card, or bank transfer.
4.1.3. Scolia Technologies Ltd. immediately sends a confirmation e-mail – which establishing the contract between the parties – about the final Order to the e-mail address that is given by the Buyer. This e-mail will contain the Proforma Invoice. If the confirmation e-mail fails to arrive within 48 hours, the Order is not binding and the Buyer is not bound to receive the delivered Product. The invoice will include the price of the Product or Products. The contract between the Parties shall be deemed to be in writing and shall not be registered.
4.2. Webshop order
4.2.1. The Buyer can choose from and specify the quantity of the Products (hereinafter referred to as ‘Ordered Products’) which the Buyer want to buy by using the appropriate interface pages of the Webshop. During the process of ordering, Buyer can view and modify the content of the basket.
By clicking on GO TO CHECKOUT button the Buyer can proceed to the ordering interface.
Data needed for ordering:
– If the Buyer is a natural person: Delivery and billing particulars: name; postal code; locality; street, street number. Accessibility of ordering person: name; phone number; e-mail address.
– If the Buyer is a legal person: Delivery and billing particulars: company name; postal code; country/region; town/city; street, street number; Postcode / ZIP; county; tax number. Accessibility of the person who places the order: name; phone number; e-mail address.
After placing the Products into the basket, the delivery costs of the Ordered Products also appear along with the total price of the Products.
If there are any changes to your details, please update them immediately by submitting a valid update on the Webshop. The Buyer can check and modify their registration data anytime. Scolia Technologies Ltd. is entitled to delete data which is obviously incorrect or false, nevertheless in case of doubt Scolia Technologies Ltd. is entitled to confirm the authenticity of the Buyer. Please keep registration data up to date. If false data has been provided by the Buyer any liability of Scolia Technologies Ltd. is excluded, especially for damages.
4.2.2. The Ordered Products can be delivered both in Hungary or abroad as well. In the course of ordering, the Buyer has to state the delivery address where they want to deliver the Ordered Products. For one order only one delivery address can be given. If you wish to deliver your orders to multiple addresses, make separated address for each order.
4.2.3. The Buyer is entitled to designate the person authorised to receive the parcel, to make special requests and to specify a specific delivery time and method. Scolia Technologies Ltd. forwards these special requests to the courier service but takes no responsibility for their fulfilment.
4.2.4. The Buyer chooses the method of payment from the following options: credit card, or bank transfer.
4.2.5. After choosing the method of payment, the Buyer finalize their order (hereinafter referred to as ’Order’) by confirming it. Before confirmation, the Buyer have the possibility to check the price and delivery costs of the Product they want to buy and its delivery and billing particulars one more time, and in case of any mistakes the Buyer can correct them. If the Buyer find everything all right the Buyer can send the order by pressing the ’Order’ button.
Prior to confirmation of the Buyer’s Order, the Buyer has to accept the provisions of the present GTC. By ordering, the Buyer agrees and accepts that Scolia Technologies Ltd., in order to perform and keep track of fulfilment of the Contract, forwards the delivery information to the courier service.
In case of data entry mistakes perceived after sending the order, the Buyer can inform Scolia Technologies Ltd. by e-mail (info@scoliadarts.com), thus the particulars of the Ordered Products will be accordingly modified. Scolia Technologies Ltd. will do his/her best to correct the Buyer’s order details.
4.2.6. Scolia Technologies Ltd. immediately sends a confirmation e-mail – which establishing the contract between the parties – about the final Order to the e-mail address that is given by the Buyer. This e-mail will contain the Order ID. If the confirmation e-mail fails to arrive within 48 hours, the Order is not binding and the Buyer is not bound to receive the delivered Product. The confirmation e-mail will include the price of the Product or Products. In case of advance payment via bank transfer, the confirmation e-mail includes the bank account number of Scolia Technologies Ltd. and the ID number which identifies the order of the Buyer. The contract between the Parties shall be deemed to be in writing and shall not be registered.
The e-mail confirmation qualifies as acceptance of the Order which becomes valid according to Section 5.1. of this GTC. The e-mail confirmation provides written information about the order for the Buyer.
4.2.7. In case of credit card payment there is no possibility for the withdrawal of the Order, but the Buyer can exercise their right of withdrawal according to provisions of Section 8 of this GTC.
5. Conclusion and characteristics of the contract
5.1. If the Order has not been withdrawn pursuant to Section 4.2.7, the written confirmation pursuant to Section 4.1.3 or 4.2.6 becomes valid, and the contract will be concluded for the Ordered Products (hereinafter referred to as ‘Contract’) between the Buyer and Scolia Technologies Ltd. as seller. Under the terms of the Contract Scolia Technologies Ltd. sells the Ordered Products to the Buyer and arranges for their delivery to the delivery address given by the Buyer. On the other hand, the Buyer is bound to take over the Ordered Products and to pay for the purchase price and delivery costs.
5.2. The Buyer is bound to pay for the delivery costs of the Ordered Products according to Section 6. of the present GTC.
5.3. The Contract qualifies as made between absent parties, in English wording.
5.4. The Contract is made in written form.
5.5. If Scolia Technologies Ltd. and the Buyer have not agreed on the deadline of the delivery, Scolia Technologies Ltd. is bound to meet his contractual duty no later than sixty days upon arrival of payment at Scolia Technologies Ltd.
5.6. If Scolia Technologies Ltd. fails to meet its contractual obligations because the Ordered Product is not available, Scolia Technologies Ltd. has to inform the Buyer immediately and to repay the amount paid by the Buyer without delay, but not later than within thirty days. If Scolia Technologies Ltd. fulfils its obligation under this Section, Scolia Technologies Ltd. shall have no further obligation to the Buyer.
6. Delivery and receipt of ordered products
6.1. Scolia Technologies Ltd. delivers the Ordered Products by a courier service to the delivery address specified by the Buyer.
6.2. In case of home delivery, besides the addressee, their family members living in their household, or in their absence, the neighbours of the addressee are also entitled to receive the parcel. if a legal person is specified in the delivery address, besides the manager or chief representative of the company, any other staff member of the company seat or plant qualifies as entitled recipient, who can acknowledge the receipt by their signature and company stamp.
6.3. At home delivery, the courier service attempts the delivery of the parcel no more than twice. If the delivery fails for the second time, the parcel will be returned to Scolia Technologies Ltd., whereupon Scolia Technologies Ltd. will charge the Buyer for the return costs. The Buyer can ask for repeated delivery of the parcel on the e-mail address info@scoliadarts.com. Scolia Technologies Ltd. will arrange the repeated delivery of the parcel only upon payment of the repeated delivery. After unsuccessful delivery of the parcel Scolia Technologies Ltd. may refuse the delivery to the Buyer and keep the cost of delivery.
7. Payment for Ordered Products
7.1. The Buyer pays the purchase price of the Ordered Products and the delivery costs by bank transfer in advance or pay immediately online by credit card.
If the place of delivery is outside of Hungary, payment is only possible according to Sections 7.2 and 7.3.
7.2. Payment by bank transfer in advance:
The confirmation e-mail includes the bank account number of Scolia Technologies Ltd. and the ID number of the order which identifies the order of the Buyer. At bank transfer, the order ID has to be specified in the transfer notification. The Buyer has to transfer the purchase price of the Ordered Products (price of products and delivery costs) to the specified bank account within 5 workdays counting from placing the Order. Failing to do so the Contract between the parties shall be deemed to be terminated and Scolia Technologies Ltd. cancels the Order. Scolia Technologies Ltd. will start the delivery process only after the purchase price of the Ordered Product has been transferred to Scolia Technologies Ltd. bank account.
7.3. Credit card payment allows the Buyer to place an order conveniently and safely in our Webshop or upon requesting a payment link via Stripe in case of e-mail order. After ordering the selected products the Buyer will be redirected to the Stripe’s payment site, which allows the Buyer to pay by credit card through the most secure, encrypted transaction currently available. The Buyer have to select the Credit card as payment method and then on the Bank’s payment server enter the card number, expiration date and also the security code (CVC) which is located on the back of the card. The Bank accepts only the embossed VISA and Mastercard cards which have security code (CVC).
Credit cards issued exclusively for electronic use can only be accepted if their use is authorized by the card issuing bank. Please check with your bank whether your card can be used for online shopping. Scolia Technologies Ltd. will start the delivery process only after the purchase price of the Ordered Product has been transferred to Scolia Technologies Ltd. bank account.
8. Right of withdrawal
8.1. The Buyer who is qualified as Consumer, has the right to withdraw from the Contract without giving any reason, within 14 (fourteen) days upon receipt of the parcel. The provisions of the Hungarian Civil Code shall apply for the right of withdrawal by a Buyer who is not qualified as Consumer.
8.2. If the Buyer withdraws from the Contract according to Section 8.1., Buyer has to repack the Ordered Product in undamaged and complete condition and send them back to the address of Scolia Technologies Ltd. (HUNGARY 6722 Szeged, 24 Kalvaria ave.) immediately but at the latest within 14 days the Buyer must return the Product. The 14 days expire after the day on which the Buyer, or a third party indicated by the Buyer receives the Product.
8.3. The Buyer can exercise his/her right to withdraw by giving a declaration in written form. Therefore, along with sending or bringing back the Ordered Product according to the provisions of Section 8.2., the Buyer has to enclose their declaration of withdrawal. The Buyer can send an e-mail declaration about the withdrawal to info@scoliadarts.com, in this case the Buyer does not need to enclose their declaration to the Ordered Product. The declaration of withdrawal must include the following particulars: which Ordered Product is it referred to, Buyer’s name and address, date of Order, date of declaration and Order ID. If the Order ID is not available to the Buyer, they have to specify other particulars in his/her declaration which are suitable for identification of the Order.
The Buyer may exercise his right of withdrawal between the date of conclusion of the Contract and the date of receipt of the Product.
The Consumer may not exercise the right of withdrawal in the following cases:
a) service contracts after the service has been fully performed but, if the contract places the consumer under an obligation to pay, only if the performance has begun with the consumer’s prior express consent and acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the business party;
b) in respect of the sale of sealed audio or sealed video recordings or sealed computer software which were unsealed by the consumer after delivery or
c) in respect of the supply of digital content which is not supplied on a tangible medium, if the business party has begun performance with the consumer’s express prior consent, and the consumer has, at the same time as giving such consent, declared that he acknowledges that he will lose his right to withdraw from or to terminate the contract, after the performance has begun, and the business party has sent the consumer a confirmation.
8.4. In case of withdrawal by the Buyer, the Buyer shall bear the costs of return of the Ordered Products to Scolia Technologies Ltd. (including especially the postal fees). Scolia Technologies Ltd. shall return the paid purchase price to the Buyer by postal-order, immediately or not later than 14 (fourteen) days upon declaration of withdraw and receipt of returned products. Scolia Technologies Ltd. can withhold the sum to be returned to the Buyer until receiving back the Ordered Product; Scolia Technologies Ltd. will observe the earlier point of time of the two possibilities.
8.5. If the Buyer provides in their declaration of withdrawal their bank account number and the name of the account managing bank, and asks for sending back the paid purchase price by bank transfer, Scolia Technologies Ltd. shall return the paid purchase price within 14 (fourteen) days upon receipt of the declaration of withdraw and the returned product.
9. Warranty for fitness and merchantability
9.1. Warranty for fitness and merchantability, product warranty and guarantee claims cannot be enforce simultaneously for the same defect in the Product.
Where this Section 9. expressly so provides, the provisions of the Section apply only for Consumers.
9.2. The Buyer can vindicate their warranty for fitness and merchantability claim for the Ordered Product in case of defective performance by Scolia Technologies Ltd., pursuant to the provisions of the Civil Code. The Scolia Technologies Ltd. provides warranty for fitness and merchantability for 2 years for Consumers. If the Buyer is not a Consumer, the Scolia Technologies Ltd. provides warranty for fitness and merchantability for 1 year.
9.3. For vindication of the warranty for fitness and merchantability claim, it is the Buyer who has to prove that the Contract has been concluded. The conclusion of the Contract is considered to be proved if the Buyer produce the payment document of the countervalue for the supplier’s performance.
9.4. To prove the Contract has been concluded the Buyer also have to provide proof of payment concerning the purchase price.
9.5. Scolia Technologies Ltd. shall put the reasons for not fulfilling their warranty for fitness and merchantability obligations if the Buyer requests it.
9.6. If Scolia Technologies Ltd. cannot state whether the claim is feasible upon receiving the Buyer’s warranty for fitness and merchantability claim, Scolia Technologies Ltd. has to inform the Buyer about its standpoint in a verifiable way within 5 (five) workdays.
9.7. Scolia Technologies Ltd. makes efforts to perform the repair or exchange not later than within 15 (fifteen) days excluding the delivery time.
9.8. Scolia Technologies Ltd. takes the Ordered Product in order to repair it or to examine whether the warranty for fitness and merchantability claim is feasible, against an acknowledgement of receipt, in which the following is specified:
a) the name and address of the Buyer,
b) the data needed for identification of the Ordered Product,
c) the date of receipt of the Ordered Product
d) the date when the Buyer can take the repaired Ordered Product.
9.9. The Buyer can vindicate – according to his/her choice – the following warranty for fitness and merchantability claims. The Buyer may request the repair or exchange of the Ordered Product, except when the chosen request is unfeasible or the fulfilment of the claim – compared to other options – involves disproportional additional charges for Scolia Technologies Ltd. In this case, the Scolia Technologies Ltd. will only provide a replacement for the hardware of the Ordered Product. If neither the repair nor the exchange requested by the Buyer can be done by Scolia Technologies Ltd., the Buyer may request a price reduction or failing all else, the Buyer can terminate the Contract.
9.10. Consumer shall inform Scolia Technologies Ltd. on any defect without delay. If notification of the defective performance is made within two months of the time it is detected, it shall be deemed that notification was made in due time. The Consumer shall be liable for any damage that results from late notification. After expiration of the period of limitation, which is 2 (two) years counting from the completion of the Contract, the Consumer is not entitled to vindicate their warranty for fitness and merchantability claims. The Ordered Product is considered defective if it does not comply with the quality requirements that were effective at its placing on the market or it does not have the features specified in the product description issued by Scolia Technologies Ltd. The burden of proof of the failure of Ordered Product falls on the Buyer.
9.11. Within 6 (six) months after the Contract fulfilment, the only condition for vindication of the accessory warranty for fitness and merchantability claim is to report the failure, provided the Buyer can prove that he/she bought the Product directly from Scolia Technologies Ltd. However, after six months of the Contract fulfilment, the Buyer is bound to prove that the failure detected by them already existed at the completion of performance (as indicated in Section 2.7.).
9.12. In case of product warranty for fitness and merchantability claim, the Buyer can request from Scolia Technologies Ltd. the repair or exchange of the faulty Ordered Product only. The Ordered Product is considered defective if it does not comply with the quality requirements that were effective at its placing on the market or it does not have the features specified in the product description issued by Scolia Technologies Ltd. The burden of proof of the failure of Ordered Product falls on the Buyer.
9.13. Warranty for fitness and merchantability of the Product does not apply:
a) to consumable parts such as cables, external power supplies, parts listed as accessories to a system, or other parts designed to diminish in function over time unless a failure is due to a defect in materials or workmanship;
b) to cosmetic damage or to defects caused by normal wear and tear or aging of the product;
c) to damage caused by use with products not recommended by Scolia Technologies Ltd.;
d) to damage caused by operating the product outside the permitted or intended uses or environments described by Scolia Technologies Ltd.;
e) to damage caused by service performed by anyone who is not a representative of Scolia Technologies Ltd. or an Authorized Distributor;
f) to a product or part that has been modified without the written permission of Scolia Technologies Ltd.;
g) to damage caused by bounce-out darts to the Product;
h) if any serial number has been removed or defaced.
9.14. This product warranty for fitness and merchantability does not extend to any other equipment, apparatus, vehicle, aircraft, or watercraft to which this product may be attached or connected.
10. Product warranty
10.1. The provisions of this Section apply for Consumers only.
10.2. The Buyer can vindicate their product Warranty Claim within 2 (two) years upon placing the Ordered Product on the market by the manufacturer. This deadline effects forfeiture of the right.
10.3. Scolia Technologies Ltd. (manufacturer) is exempted from product warranty, if they prove that:
a) Scolia Technologies Ltd. did not produce nor put the Ordered Product on the market as part of its business activity, or
b) the failure was not recognizable with the scientific and technical level at the time of putting the Ordered Product on market, or
c) the failure of the Ordered Product derives from application of legal rule or obligatory official regulation.
10.4. Scolia Technologies Ltd. (manufacturer) needs to prove merely one of the reasons listed in Section 10.3.
10.5. This product warranty does not extend to any other equipment, apparatus, vehicle, aircraft, or watercraft to which this product may be attached or connected.
11. Guarantee
11.1. The provisions of this Section apply for Consumers only.
11.2. Scolia Technologies Ltd. in accordance with the obligation contained in the Government Decree 151/2003. (IX. 22.) (hereinafter referred to as ‘Decree’), provides guarantee which provide liability for defective performance during the guarantee period.
11.3. Scolia Technologies Ltd. shall be exempted from liability if Scolia Technologies Ltd. able to prove that the cause of the defect occurred after performance.
11.4. The guarantee can be enforced during the guarantee period. If Scolia Technologies Ltd. fails to fulfil its obligations in due time when requested by the oblige, the guarantee claim can be enforced before the court within three months after the deadline set out in the request even if the guarantee period has already expired.
If the Consumer asserts a warranty claim under the Civil Code or a product warranty claim (hereinafter referred to as ‘Warranty Claim’) or guarantee under the Decree, the provisions of the NGM Decree 19/2014 (IV.29.) on the procedural rules for the handling of warranty and warranty claims relating to product sold under a contract between the consumer and the business party (hereinafter: NGM Decree) shall apply. The rules of the NGM Decree applicable to a business party shall also apply to the manufacturer of the goods in the event of a product Warranty Claim under the Civil Code.
Scolia Technologies Ltd. must keep the record of the Consumer’s guarantee claim for three years from the date of its recording and present it to the supervisory authority.
The notification of a guarantee claim does not constitute a complaint under the Consumer Protection Act.
12. Sales made by Distributors
Scolia Technologies Ltd. also sells its Products to Buyers who resell the Products for a profit to other businesses, stores, or customers (hereinafter referred to as ‘Distributor’).
The Distributor agrees to comply with all relevant legal regulations of its country pertaining to the sale, distribution, and marketing of the Products. This includes, but is not limited to, obtaining and maintaining any necessary licenses, permits, or certifications required by applicable laws or regulatory authorities. The Distributor shall ensure that all sales of the Products are conducted in compliance with applicable laws and regulations, including but not limited to consumer protection, product safety, labelling, advertising, and intellectual property laws. Scolia Technologies Ltd. reserves the right to request proof of compliance with such regulations at any time and may terminate the agreement with the Distributor in the event of non-compliance. The Distributor shall indemnify and hold Scolia Technologies Ltd. harmless against any claims, liabilities, fines, penalties, or damages arising from the Distributor’s failure to comply with applicable legal regulations.
12.1. Rights of the Distributor
The provisions outlined in this section of the GTC set forth the warranty and guarantee issues between Scolia Technologies Ltd. as the supplier and each Distributor as the distributor.
12.1.1. Warranty of fitness and merchantability
12.1.1.1. Scolia Technologies Ltd. warrants that the Product(s) manufactured by Scolia Technologies Ltd. and sold to the Distributor for resale comply with the warranty of fitness and merchantability, to its knowledge, they are free from latent defects.
12.1.1.2. The Distributor shall not, after the purchase of title to the Product, make any warranty claim against Scolia Technologies Ltd. for defects existing at the time of the order which the Distributor knew or should have known.
12.1.1.3. In the event of a defective Product, the Distributor may assert a Warranty Claim against Scolia Technologies Ltd. within one year from the date of performance (as indicated in Section 2.8.). The Distributor shall notify Scolia Technologies Ltd. of the defect without delay upon discovery of the defect. The Distributor shall be liable for any damage that results from late notification.
12.1.1.4. The Distributor may – at its option – request repair or replacement, unless the fulfilment of the request chosen by the Distributor is impossible or would involve disproportionate additional costs for Scolia Technologies Ltd. compared to the fulfilment of its other requests. If the repair or replacement is impossible or would entail disproportionate additional costs for Scolia Technologies Ltd., Scolia Technologies Ltd. shall offer the Distributor a proportionate reduction or credit for the consideration.
12.1.1.5. In the case of the Distributor asserts a Warranty Claim in respect of a part of the Product that can be separated in respect of the defect indicated, the Warranty Claim shall not be deemed to be asserted in respect of the other parts of the Product.
12.1.1.6. The Distributor shall notify Scolia Technologies Ltd. of its Warranty Claims in writing by sending an e-mail to the e-mail address provided for contact purposes, indicating the unique identifier of the order.
12.1.1.7. In the event of defective Product(s), the Distributor shall make every effort to collect all information relating to the defect to provide Scolia Technologies Ltd. with complete information to establish the validity of the warranty.
12.1.1.8. The Distributor accepts that Scolia Technologies Ltd. shall be obliged to fulfil its warranty obligations at its own registered office. The Distributor shall bear the costs of delivery of the defective Product to Scolia Technologies Ltd. The return of the defective Product(s) may take place after prior notification of the defect as set out in these GTC.
12.1.1.9. Scolia Technologies Ltd. is not obliged to fulfil the Distributor’s Warranty Claims in the following cases:
- the Product being proven to have been improperly stored by the Distributor,
- external damage to the Product, or
- damage to the Product during delivery to the Distributor.
12.1.2. Guarantee
Scolia Technologies Ltd. is not subject to any mandatory guarantees to Consumers under Hungarian law [151/2003. (IX. 22.) Government regulation] since Scolia Technologies Ltd. does not sell products to Consumers under this Section of this GTC. In view of the afore mentioned, the Distributor may not make any guarantee claims against Scolia Technologies Ltd.
12.2. Rights of the Buyer
In that case when the purchase is made from a Distributor and not directly from the Scolia Technologies Ltd., the Buyer cannot enforce the rights listed below against the Scolia Technologies Ltd.:
a) right of withdrawal
b) warranty for fitness and merchantability
c) provisions of guarantee and
d) complaint handling provisions.
The Buyer who purchases the Product from a Distributor can enforce the rights listed above against the Distributor by the Contracts of the Distributor and by the law.
The Buyer who purchases the Product from a Distributor may enforce a product liability claims against Scolia Technologies Ltd.
13. Liability for damages
13.1. The manual describes the proper use of the Product (https://scoliadarts.com/wp-content/uploads/2023/03/scolia_pro_manual_web.pdf; https://scoliadarts.com/wp-content/uploads/2023/03/scolia_home_spark_user_manual_web.pdf ). Scolia Technologies Ltd. shall not be liable for any use of the Product other than in accordance with the instructions in the manual or for any damage resulting therefrom.
13.2. Scolia Technologies Ltd.’s Product is CE and FCC certified. In this respect, Buyers purchase the Product at their own risk.
13.3. Scolia Technologies Ltd. is not obligated to pay damage reparations for the Buyer. The Buyer acknowledges the exclusion of liability.
13.4. Scolia Technologies Ltd. shall not be liable in any case of force majeure or in relation to any event caused by a circumstance beyond its control, unforeseeable at the time of the conclusion of the contract, and which it could not reasonably have been expected to avoid or prevent. In this case, Scolia Technologies Ltd. shall be discharged from the obligation to fulfil the order and shall not be liable for damages for non-fulfilment.
13.5. Scolia Technologies Ltd. cannot be held liable for fraud committed by third parties to the detriment of the Buyer.
13.6. Nothing in the Contract shall limit or exclude Scholia Technologies Ltd.’s liability for death or personal injury caused by Scholia Technologies Ltd.’s negligence or for fraud.
13.7. Scolia Technologies Ltd. excludes all liability for any damages caused directly or indirectly by the Product, including but not limited to loss of profit, loss of revenue, loss of productivity, loss of data, damage to database, computer viruses or third-party products.
13.8. The Buyer hereby indemnify to the fullest extent Scolia Technologies Ltd. from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to Buyer’s breach of any of the provisions of these GTC.
13.9. This limitation of liability shall not apply to those events to which the governing law excludes the possibility of the limitation of liability.
14. Information, complaints, complaint management
14.1. The provisions of this Section apply for Consumers only.
14.2. The Buyer can contact Scolia Technologies Ltd. with questions regarding the operation of the Webshop, his Orders and possible complaints, choosing from the following accessibilities:
a) postal correspondence address: HUNGARY 6722 Szeged, 24 Kalvaria ave.
b) electronic correspondence address: info@scoliadarts.com
If the Buyer does not agree with the complaint management, or the immediate examination of the complaint by Scolia Technologies Ltd. is not feasible, Scolia Technologies Ltd. immediately records the complaint and its own related standpoint. Scolia Technologies Ltd. sends a copy of the record to the Buyer at latest as enclosure to its response on the merits.
14.3. Scolia Technologies Ltd. provides the complaints made via e-mail with unique ID.
14.4. Scolia Technologies Ltd. responds, concerning the merits of the case, to oral complaints of the Buyer or if in Buyer’s opinion the complaint is being not satisfactorily handled by Scolia Technologies Ltd., and to written complaints within 30 (thirty) days upon their arrival.
14.5. If the Buyer wants to initiate the proceedings of an authority or reconciliatory body to be involved in their complaint, they can address – depending on the character of the case – the following organs:
a) Inspectorate of Consumer Protection of Csongrád-Csanád County Government Office (Csongrád-Csanád Megyei Kormányhivatal Fogyasztóvédelmi Felügyelőség) – in the case of consumer complain.
Postal address: 6720 Szeged, Rákóczi tér 1.
Phone: +36-62-680-530
E-mail: fogyasztovedelem@csongrad.gov.hu
b) The name of the Reconciliatory Body in the place where the Scolia Technologies Ltd. is established: Reconciliatory Body of Csongrád-Csanád County (Csongrád-Csanád Megyei Békéltető Testület)
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone: +36-62-554-250/118
E-mail: bekelteto.testulet@csmkik.hu
The Arbitration board shall have the power to settle out of court disputes (consumer disputes) between the consumer and the business regarding the quality, safety, application of product liability rules, quality of service and the conclusion and performance of a contract between the parties. To this end, the Arbitration Body shall attempt to reach a settlement between the parties and failing that, shall decide on the matter in order to ensure the simple, expeditious, effective and cost-effective enforcement of consumer rights. At the request of the consumer or the business, the Arbitration Board shall advise on the rights and obligations of the consumer.
In case of a complaint, the conciliation body of the Consumer’s place of residence shall have primary jurisdiction.
The list of the Reconciliatory Bodies is available below:
https://bekeltetes.hu/udvozlo
c) Notary of the town of Szeged
Address: 6720 Szeged, Széchenyi tér 10-11.
Phone: +36-62-564-364,
E-mail: info@szegedvaros.hu
14.6. Online Dispute Resolution
You may apply to the Hungarian Competition Office (in Hungarian: Gazdasági Versenyhivatal) in the event of a breach of competition law:
Gazdasági Versenyhivatal
1054 Budapest, Alkotmány u.5.
Post: 1245 Budapest 5. Pf.1036
Phone: (1) 472-8900
Fax: (1) 472-8905
15. Miscellaneous provisions
15.1. Scolia Technologies Ltd. and Buyer are the only parties to this GTC. Buyer cannot transfer any rights or obligations under this GTC to any other person without Scolia Technologies Ltd. written consent.
15.2. Scolia Technologies Ltd. may at any time assign or transfer any or all of our rights under this GTC upon providing Buyer with prior written notice, provided that Scolia Technologies Ltd. meet regulatory and legal obligations prior to doing so.
15.3. The provisions of this GTC shall also apply to Distributors and shall apply to them accordingly, not including the case if Scolia Technologies Ltd. enters into a separate contract with Distributors.
15.4. If the Buyer purchases and uses the Product for financial gain, Scolia Technologies Ltd. shall not be liable and shall not be liable to pay compensation for any lost income or loss of profit resulting from the failure of the Product. Financial gain means any activity whereby the User allow third parties to temporarily use the Product for any consideration.
15.5. For questions not explicitly stipulated in present GTC, provisions of the following legal rules are to be appropriately applied:
a) Act No.V of 2013. of Civil Code
b) Act No.CVIII of 2001. of Some Questions about Electronic Commercial Services and Services Related to Information Society;
c) Act No.CLV of 1997. of Consumer Protection,
d) Governmental Decree No.45/2014. (II.26.) on Detailed Regulation of Contracts between Consumers and Suppliers
e) Governmental Decree No.151/2003. (IX.22) on Compulsory Guarantee for certain Durable Articles of Consumption
f) Decree No. 19/2014. (IV.29.) NGM of Administration Proceedings of Warranty and Guarantee Claims on Goods Sold within Contract between Consumer and Enterprise
15.6. Scolia Technologies Ltd. and the Buyer choose the law of Hungary in the event of any disputes arises between them.
15.7. The Data Protection Guide of Scolia Technologies Ltd. Webshop (https://scoliadarts.com/scolia-privacy-policy/) makes the inseparable constituent part of the present GTC, the content of which the Buyer learned in course of purchase and agrees that Scolia Technologies Ltd. manages his particulars supplied for Order and Contract according to the conditions of these regulations.
15.8. Scolia Technologies Ltd. is entitled to unilaterally modify at any time, without giving any reason, the terms and conditions of this GTC, as well as any rules, conditions and deadlines published on its website, including in particular the terms and conditions of online shopping, prices (in accordance with the current list price) and delivery charges. The change will take effect from the date of publication on Scolia Technologies Ltd.’s website and will not apply to orders placed before that date. Scolia Technologies Ltd. shall inform visitors of the fact of the change on the website. Scolia Technologies Ltd. shall not separately notify the Buyers of the amendment and shall not be liable for any failure to do so.
Scolia Technologies Ltd. cannot be held liable for any fraud committed by a third party at the expense of a visitor.
In the event of any breach of these GTC by any person, Scolia Technologies Ltd. shall be entitled to declare the registration and/or order of such person invalid.
Scolia Technologies Ltd. may send information about its promotions and news (Newsletter) to the Buyers who have subscribed to the newsletter at the e-mail address provided when registering on the Webshop’s website. The Newsletter can be cancelled at any time.
Last updated: May 2023
16. Annex
No.1. – Declaration sample for withdrawal
Please fill in and return to the Scolia Technologies Ltd. if you intend to withdraw the contract.
Address:
The undersign/s declare, that I am/we are exercising our right of withdrawal with respect to the contract for the sale or provision of the following product/s:
Date of the contracting/date of the transfer:
Consumer(s) name:
Address of the consumer(s):
Sign of the consumer(s): (exclusively declaration on paper)
Date:
Last updated: May 2023
Earlier version of the General Terms and Conditions is available here.