The content of the contract concluded between us is set out in these Terms and Conditions, in addition to the provisions of the applicable mandatory legislation. Accordingly, these Terms and Conditions contain the rights and obligations of you and us, the conditions of the contract, the time limits for performance, the delivery and payment terms, the liability rules and other provisions.

You must read these Terms and Conditions before finalising your order.

Language and form of the General Terms and Conditions

The language of the contracts covered by these General Terms and Conditions is English.
Contracts covered by these General Terms and Conditions shall not constitute a written contract and shall not be registered by the Seller.

SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND

1.1. Definitions

Parties: seller and buyer jointly

References to the “Product” mean any and all products offered by us.

References to the “Site” mean the Web site bearing the URL www.creatingdreamhome.com.

References to the “Terms” and/or “Agreement,” mean this, these Terms and Conditions as set forth herein.

References to “us,” “we,” “our,” mean Erinnie Consulting Kft company.

References to “you,” and/or “User” mean the User of the Site and/or purchaser of a Product.

Product: a digital product offered on the Website for sale on the Website.

Digital product: a movable thing that contains or is connected to digital content or a digital service in such a way that, without the digital content or digital service concerned, the thing would not be able to perform its functions.

Purchase Price: the consideration payable for the Goods and the provision of digital content.

1.2. Agreement to be Bound

The following Terms and Conditions, together with the relevant information set out on this Site, including any features and services available, such as photographs, publications, and other materials are subject to the Terms and Conditions set forth below. Please read them carefully as any of use of this Site constitutes an agreement, without acceptance, to be bound thereby by the User. By using the Site or otherwise purchasing a Product, you represent that you are at least eighteen (18) years old, have read and understand the Terms and Conditions, and that you agree to be bound by these Terms and Conditions as set forth below.

SECTION II: APPLICABLE LAW

The Contract shall be governed by the provisions of Hungarian law, and in particular by the following laws:

Act CLV of 1997 on Consumer Protection

Act CVIII of 2001 on certain aspects of electronic commerce services and information society services

Act V of 2013 on the Civil Code

Government Decree No 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses   

Act LXXVI of 1999 on Copyright

Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information

REGULATION (EU) No 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on combating unjustified territorial restrictions of content and other forms of discrimination based on the nationality, residence or domicile of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC

REGULATION (EU) No 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation)

Government Decree No 373/2021 (VI. 30.) on the detailed rules for contracts between consumers and businesses for the sale of goods and the supply of digital content and services

SECTION III: GENERAL PROVISIONS

2.1. Accuracy, Completeness, and Timeliness of Information Provided via the Site

We are not responsible if information made available on the Site is not accurate, complete, or current. You acknowledge that the Site and the Products are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the Site and/or the Products is at your own risk.

2.2. Errors in Web Site or Products

We do not warrant that any errors in the Site or the Products will be corrected.

2.3. Modifications and Changes to Terms and Conditions

We may modify, add to, suspend, or delete these Terms and Conditions or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Site. Your use of the Site after modification, addition or deletion of these Terms and Conditions shall be deemed to constitute acceptance by you of the modification, addition, or deletion.

2.4. Modifications and Changes to the Web Site, Product Offered
We may modify, add to, suspend, or delete any aspect of this Site or any Products offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.

2.5. Access to Site
Though we try to make the Site available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Site will be available at all times.
We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Site.

2.6. Right of Refusal, Limitation

We reserve the right to refuse to provide access to the Site or purchase of a Product for any reason at any time in our sole and exclusive discretion.

2.7. Prohibited Uses of Site
In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Site: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Site; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site. We reserve the right to terminate your use of the Site for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.

2.8. Professional Disclaimer

Nothing on this website constitutes, or is meant to constitute professional advice of any kind. By purchasing our products or using our website, you must agree that we are NOT providing you with any interior design counsel. All information provided is for entertainment purposes only.

2.9. Newsletter

If you choose to join our free newsletter (by entering your name and email), you agree that we may contact you with email messages, including sending you information that we think will be interesting or useful to you.

We may also, on occasion, send you email which recommends useful products. We may receive financial compensation if you purchase any of these products. You are under no obligation to buy these products and you can unsubscribe at any time. We attempt to provide an unsubscribe link in every email. You may also contact us to have your name removed from our newsletters.

By subscribing to our newsletter you also agree that you will take no legal or financial action against Erinnie onsulting Kft. or any of its affiliates or partners in the event that you are unsatisfied with our newsletter.

SECTION IV: ACCOUNTS

Our company uses electronic invoicing in accordance with Article 175 of Act CXXVII of 2007. By accepting these Terms and Conditions, you agree to the use of electronic invoicing.

SECTION IV: TERMS OF SALE

4.1. Products Available for Buy on our Site
Only our own digital products can be purchased on our website.

4.2 Information on the Essential Characteristics of the Products
On the Website, information about the essential characteristics of the Products available for purchase is provided in the descriptions of each Product.

4.3. Sales Price
The sale price for our Products is as set forth on the checkout page and at the point of sale. Taxes, to the extent applicable, shall be included at the point of sale. Sales prices are subject to change at any time in our sole and exclusive discretion.

4.4. Payment Method
Payment is made electronically by the payment method of the User’s choice: it is currently possible to pay via Digistore24, by bank card or credit card.. Payments are processed immediately.

4.5. Refund
If you are not satisfied with your purchase, you may request a refund for any reason within sixty (60) calendar days of your purchase date. You can request a refund by emailing helpdesk@digistore24.com. If you have any questions about your refund, please e-mail your question to helpdesk@digistore24.com. Please include the order number in the email so that your order can be easily identified.

4.6. Right of Refusal, Limitation, Change and Discontinuation
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail provided at the time the order was made. We reserve the right to discontinue or otherwise limit the sale and/or provision of any and all Products provided by us for any reason at any time in our sole and exclusive discretion.

SECTION V: INTELLECTUAL PROPERTY

5.1. This is an Agreement for access to and use of the Site and Products, and you are not granted a license to any software or intellectual property by these Terms and Conditions. The Site and Products belong to us and are the property of us or our licensors (if any). We retain all ownership rights in the Site and Products.

5.2. Pursuant to Section 1 (1) of Act LXXVI of 1999 on Copyright (hereinafter: the Copyright Act), the website is a copyright work, and therefore all parts of it are protected by copyright. The Copyright Act (Szjt. Pursuant to Article 16 (1) of the Copyright Act, the unauthorised use of the graphics, software, computer programs or any other application that may be used to modify the website or any part thereof is prohibited.

5.3. You may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Site or via the Products, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.

5.4. You may make a single print copy of any Materials provided by us on this Site or via a Product purchase for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials.

5.5. You acquire no rights or licenses whatsoever in the Materials other than the limited rights to use the Site in accordance with these Terms and Conditions. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms and Conditions specified in this Agreement. We reserve any rights not expressly granted under these Terms and Conditions.

SECTION VI: COMPLAINTS AND REDRESS

The consumer may submit consumer complaints about the Product or the Seller’s activities to the following contact details:

– Internet address: https://creatingdreamhome.com/

– E-mail: support@creatingdreamhome.com

A consumer may communicate to the business, orally or in writing, a complaint about the conduct, activity or omission of the business or of a person acting in the business’s interest or on the business’s behalf directly related to the marketing or sale of goods to consumers.

The undertaking must investigate the oral complaint promptly and, where necessary, remedy it. If the consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the undertaking must immediately take a record of the complaint and its position on it and, in the case of a face-to-face oral complaint, give a copy of the record to the consumer on the spot. In the case of an oral complaint communicated by telephone or other electronic communications service, the consumer shall be provided with the substantive reply within 30 days at the latest, in accordance with the provisions applicable to the reply to the written complaint. In other respects, the consumer shall act on the written complaint as follows.

Unless a directly applicable legal act of the European Union provides otherwise, the undertaking must reply to the written complaint in writing within thirty days of receipt in a manner that can be justified on the merits and take steps to communicate the complaint. A shorter time limit may be laid down by law or a longer time limit by statute. The undertaking must state the reasons for its rejection of the complaint. The undertaking must assign a unique identification number to any oral complaint communicated by telephone or electronic communications. The reply must inform the customer of the possibility of appealing to the conciliation body.

The record of the complaint must include the following:

1. the name and address of the consumer,
2. the place, time and manner in which the complaint was lodged,
3. a detailed description of the consumer’s complaint, a list of the documents, records and other evidence presented by the consumer,
4. a statement by the undertaking of its position on the consumer’s complaint, where an immediate investigation of the complaint is possible,
5. the signatures of the person who took the record and, except in the case of an oral complaint made by telephone or other electronic communication service, the consumer,
6. the place and time of the taking of the record,
7. in the case of an oral complaint made by telephone or other electronic communications service, the unique identification number of the complaint.

The undertaking must keep a record of the complaint and a copy of the reply for three years and present it to the supervisory authorities at their request.

If the complaint is rejected, the undertaking must inform the consumer in writing of the authority or conciliation body to which he may refer the complaint, depending on its nature. The information must also include the address, telephone and Internet contact details and the postal address of the competent authority or conciliation body in the place where the consumer resides or is staying. The information should also include whether the business will use the conciliation body to resolve the consumer dispute. If any consumer dispute between the seller and the consumer is not settled during the negotiations, the following means of redress are available to the consumer:

Consumer protection procedure

You can complain to the consumer protection authorities. If a consumer notices a breach of his/her consumer rights, he/she has the right to lodge a complaint with the consumer protection authority in his/her place of residence. Once the complaint has been examined, the authority will decide whether to take consumer protection proceedings. The first level consumer protection authorities are the government offices of the capital and county of the consumer’s place of residence, a list of which can be found at: http://www.kormanyhivatal.hu/

Court proceedings

The customer has the right to enforce his/her claim arising from the consumer dispute before the court in civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

Conciliation Body procedure
Please note that you can lodge a consumer complaint with us. If your consumer complaint is rejected, you are also entitled to take your complaint to the Conciliation Body competent for your place of residence or domicile: the conciliation procedure can only be initiated if the consumer tries to settle the dispute directly with the business concerned. The conciliation body designated in the consumer’s request is competent to take action instead of the competent body, at the consumer’s request.

The business shall have a duty of cooperation in the conciliation procedure.

This includes the obligation for the business to send a reply to the conciliation body’s request and the obligation to appear before the conciliation body (‘to ensure the attendance of a person authorised to negotiate a settlement at a hearing’).

If the seat or establishment of the undertaking is not registered in the county of the chamber of the territorially competent conciliation body, the undertaking’s obligation to cooperate extends to offering the consumer the possibility of a written settlement offer in accordance with his/her request, and attendance at the conciliation meeting is not mandatory if the written settlement offer is sent.

In the event of a breach of the above-mentioned duty of cooperation, the consumer protection authority has the power to impose mandatory fines on businesses for infringing the law, and there is no possibility to waive fines. In addition to the Act on Consumer Protection, the relevant provision of the Act on Small and Medium-Sized Enterprises has also been amended, so that fines can be waived for small and medium-sized enterprises.

The amount of the fine for small and medium-sized enterprises may range from HUF 15,000 to HUF 500,000, while for non-small and medium-sized enterprises subject to the Accounting Act with an annual net turnover exceeding HUF 100 million, the fine may range from HUF 15,000 to 5% of the enterprise’s annual net turnover, but not more than HUF 500 million. By introducing a mandatory fine, the legislator aims to reinforce cooperation with conciliation bodies and to ensure the active participation of businesses in the conciliation procedure.

The conciliation body is responsible for settling consumer disputes out of court. The conciliation body’s task is to attempt to reach an agreement between the parties to resolve the consumer dispute and, if this is unsuccessful, to rule on the case in order to ensure that consumer rights are enforced in a simple, quick, efficient and cost-effective manner. The conciliation body shall, at the request of the consumer or the business, advise on the rights and obligations of the consumer.

The conciliation panel shall act at the request of the consumer. The request must be made in writing to the chairman of the conciliation panel: the requirement of written form may be met by letter, telegram, telex, telefax or any other means which permits the recipient to store the data addressed to him permanently for a period of time adequate for the purposes for which the data were intended and to display the data stored in an unchanged form and content.

The application must include:

1. the name, address or place of residence of the consumer,
2. the name, registered office or place of business concerned by the consumer dispute,
3. if the consumer has requested the replacement of the competent conciliation body by the competent conciliation body,
4. a brief description of the consumer’s position, the facts in support of it and the evidence in support of it,
5. a statement by the consumer that the consumer has attempted to resolve the dispute directly with the undertaking concerned
6. a statement by the consumer that no other conciliation body has been involved in the matter, that no mediation procedure has been initiated, that no statement of claim has been lodged or that no application for an order for payment has been made,
7. a request for a decision of the panel,
8. the signature of the consumer.

The request must be accompanied by the document or a copy (extract) of the document to the content of which the consumer refers as evidence, in particular the written statement by the undertaking rejecting the complaint or, failing this, any other written evidence available to the consumer that the required conciliation has been attempted.

If the consumer acts through an authorised representative, the authorisation shall be attached to the application.

More information on the Conciliation Boards is available at: http://www.bekeltetes.hu

For more information on the territorially competent Conciliation Boards, please click here:

https://bekeltetes.hu/index.php?id=testuletek

Conciliation Board procedure for persons who are not consumers

According to the Consumer Protection Act, a consumer is also a person acting for purposes outside his/her self-employment and economic activity, a civil organisation, a religious legal person, a condominium, a housing association, a micro, small and medium-sized enterprise, a micro, small and medium-sized enterprise, which buys, orders, receives, uses, makes use of or is the recipient of commercial communication or offer in connection with goods.

The Conciliation Body is entitled to verify and investigate the existence of consumer quality. The rules of the procedure are governed by the rules written under the Conciliation Board.

Online dispute resolution platform

The European Commission has set up a website where consumers can register to resolve their online shopping disputes by filling in an application form and avoiding court proceedings. This will allow consumers to enforce their rights without, for example, being prevented by distance.

If you have a complaint about a good or service you bought online and do not necessarily want to go to court, you can use the online dispute resolution tool.

On the portal, you and the trader you have complained against can jointly choose the dispute resolution body you want to deal with your complaint.

The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

SECTION VII: Third-Party Advertisements, Promotions, and Links

6.1. Third Party Advertisements and Promotions
We may, from time to time, run advertisements and promotions from third-parties on the Site. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

6.2. Use of Third-Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

6.3. Third-Party Links
Certain content, products, and services available via our Site may include materials from third-parties.

Third-party links on the Site may direct you to third-party Sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or Sites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party with whom you connect via the Site. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION VIII: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION

7.1. Disclaimer of Warranty; Limitation of Liability
A./ YOU AGREE THAT USE OF THE SITE AND PRODUCTS IS AT YOUR SOLE RISK. NEITHER US nor our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE use of the Site OR THE PRODUCTS SHALL BE UNINTERRUPTED OR ERROR-FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR PRODUCTS OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.

B./ IN NO EVENT SHALL WE or our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PROFESSIONAL LIABILITY DAMAGES, MALPRACTICE LOSSES AND DAMAGES, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, personal injury or death, property damage, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE OR PRODUCTS.

C./ WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY utilizing THE SITE AND/OR PRODUCTS YOU ACKNOWLEDGE AND AGREe TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE Utilize THE SITE OR THE PRODUCTS.

7.2. Indemnification

You agree to indemnify, defend and hold harmless creatingdreamhome.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of any breach of this Agreement (including negligent or wrongful conduct) by you.

SECTION IX: MISCELLANEOUS

9.1. Affiliate Disclosure
We may have an affiliate relationship with third-parties and affiliates to whose products and services we link and promote through the Site, our mailing list, and/or the Products. Because of this relationship, we may earn a commission on products purchased by a User from a third-party affiliate.

9.2. Force Majeure

We shall not be bound to meet any obligation if prevented from doing so as a consequence of Acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.