Terms of purchase

Megahobby Ltd. (registered office: 1137 Budapest, Radnóti Miklós utca 4-6 fsz 4/a; company registration number: 01-09-738830; tax number: 13507370-2-41; e-mail address: info@hobby-wholesale.com; website address: www.hobby-wholesale.com; hereinafter referred to as Megahobby), as a company with distribution rights for plastic models and their accessories, is the distributor of the plastic models, serving its customers who are not consumers (i.e. natural persons not acting outside the scope of their profession, self-employment or business activity) according to Section 8:1, paragraph 3 of Act V of 2013 (hereinafter "Civil Code") registered/recorded by it; in accordance with these General Terms and Conditions (hereinafter referred to as "GTC").

1. Megahobby makes its General Terms and Conditions available to its Customers on www.hobby-wholesale.com and notifies its Customers on this website in the event of any changes. The Customer or its authorised representative shall read this contract before the first purchase and/or order and accept it as binding on themselves and/or the company represented by them in their commercial activities with Megahobby. By ordering any Product, the Customer acknowledges, understands and agrees to be bound by this Agreement. The present terms and conditions shall automatically and obligatorily become an integral part of all oral or written contracts for the sale of products distributed by Megahobby, regardless of their acceptance in a separate declaration.

2. By signing this document, the Customer declares being company/individual entrepreneur registered in accordance with Hungarian law, and not being subject to bankruptcy, liquidation or winding-up proceedings or any other official measure preventing the conclusion of this contract, not being aware of the commencement of such proceedings, and that their representative has the necessary authority to register and represent the company for the purpose of signing this contract.

3. Customers

   3.1. The right to purchase from Megahobby as a reseller is granted to entrepreneurs/companies who/which can prove their registration by presenting their entrepreneur's certificate/company registration at the court of registration, and who declare and/or certify that they are engaged in the distribution of the products available herein in the ordinary course of their business; and who undertake to resell the goods purchased and to be included in Megahobby's partner list.

   3.2. Megahobby's deliveries and services are provided exclusively on the basis of the General Terms and Conditions, which may only be validly deviated from by written agreement.

   3.3. Megahobby shall provide the Customer with access to a subsystem called Webshop operated within its own IT system. The data, prices and quantities contained in the subsystem are for information purposes only and are not legally binding or subject to any obligation to make an offer.

   3.4. The Customer may use the access code received from Megahobby exclusively for their own use, and shall treat and keep the code and the information contained in the subsystem as business secrets, not disclosing or making them available to third parties, in the event of breach of which obligation they shall be liable for damages under the Civil Code.

   3.5. Megahobby may, in its own business interests, refuse to include the (potential) Customer on its partner list.

   3.6. Megahobby is entitled to remove the Customer from its partner list if the Customer is inactive (has not purchased for more than one year), is regularly late with payments or if Megahobby has other business interests that justify that.

4. Data processing

   4.1. Megahobby manages and records the data of its contractual partners necessary for the performance of the contract(s), the sending of product and price information, newsletters, offers and for the fulfilment of legal obligations.

   4.2. By entering the data provided during registration at www.hobby-wholesale.com, the Customer declares their consent to the processing of their data. The consent to data processing may be withdrawn in writing at any time. Data relating to the sending of newsletters by natural persons acting on behalf of Customers will be used exclusively for the purpose of sending the newsletters. The person representing the Customer expressly consents to this processing. The data provided during the registration process will be used by Megahobby to compile statistics, which, according to the National Authority for Data Protection and Freedom of Information, is not an activity subject to authorisation or registration.

   4.3. Megahobby will store the data of the Customer's purchases for at least the period of time specified in the Accounting Act or other legislation. After this period, the data will be deleted at the Customer's request.

   4.4. The Customer shall notify MegaHobby of any change in their data in writing within 8 days, by presenting a document proving the change, but no later than before the next order. Failure to notify Megahobby of the change shall release Megahobby from any liability.

   4.5. Megahobby will not transfer the data stored about the Customer to third parties or individuals, except in the following cases:

      4.5.1. it is obliged to do so by law,

      4.5.2. at the express request of the Customer,

      4.5.3. Megahobby's obligation to report to its suppliers,

      4.5.4. to a third person or party who uses the data provided to carry out financial and credit checks, analyse payment patterns and create a searchable database accessible to others, and undertakes to process and process the data provided solely for this purpose.

      4.5.5. to courier services for the purpose of delivery.

5. Prices

   5.1. Megahobby communicates the prices of individual products in the event of requests for quotation, and the prices (price list) of the products distributed will be available on the system described in section 3.4, to which Megahobby will provide access to its Resellers/Customers.

   5.2. In the course of electronic commerce between Megahobby and the Customer, the Customer is not considered a consumer, and therefore their contract concluded by electronic means is not subject to the rules of Act CVIII of 2001 on electronic commerce services on contracts between a service provider and a consumer, or the provisions of Government Decree 45/2014 (26 February).

   5.3. Megahobby's e-commerce services can be accessed through the subsystem described in section 3.4 with a unique password and username. By entering the password and username, the Customer can obtain direct information about the products available for order from Megahobby. The Customer acknowledges that the password and username clearly identify the Customer and that the use of the password and username is proof that anorder was placed by the Buyer.

   5.4. Megahobby reserves the right to change prices in the event of an increase in costs after the conclusion of the supply contract, in particular due to price increases on the part of the supplier and/or exchange rate fluctuations. The data, prices and quantities contained in the subsystem described in clause 3.4 are for information purposes only and are not legally binding or subject to any obligation to make an offer.

   5.5. Megahobby shall consider the written confirmation of the order or, in the absence thereof, Megahobby's valid price list as the basis for invoicing. The invoice is issued upon delivery.

   5.6. In the event of consistently high turnover and/or when a special offer is requested, Megahobby may, on an individual basis, grant a discount on the advertised prices.

6. Payment Terms and Conditions

   6.1. The consideration for the products must be paid by the Customer to Megahobby at the latest on receipt of the products. The Customer is not entitled to take delivery of the ordered products until the full purchase price has been received and credited. Discounted or bank deferred payment is possible on an individual basis. Megahobby will notify the Customer of the result of the individual assessment.

   6.2. After the expiry of the payment deadline, Megahobby is entitled to send a payment reminder and to charge the maximum interest and costs for late payment as defined in the applicable legislation for business entities.

   6.3. In the event of a breach of the terms of payment, including overdue and unpaid late payment interest invoices, Megahobby is entitled to change the terms of payment to immediate cash payment, to declare all outstanding claims immediately due and payable, and/or to withdraw from the contract.

   6.4. In the case of deferred bank transfer payments, Megahobby may request proof of the Buyer's creditworthiness and financial security.

   6.5. The assessment of the creditworthiness of the Customer is continuous. If Megahobby is of the opinion that the continuation of the deferred payment is not justified or poses a risk, Megahobby shall be entitled to withdraw the option of deferred payment without prior consultation.

7. Order

   7.1. Megahobby accepts written orders for products in stock. A written order shall be deemed to be an order recorded through the subsystem described in section 3.4. Megahobby may also accept orders by other means based on an individual assessment.

   7.2.  Products not held in stock and purchased exclusively at the Customer's request may only be ordered in writing. The cancellation of any such order may only be accepted up to a time limit as long as the supplier accepts the cancellation of the order by Megahobby without legal and financial consequences. Megahobby shall be entitled to pass on the cancellation fee charged by the supplier to its own customer.

   7.3. In individual cases, depending on the amount, a separate confirmation e-mail will be sent to the Customer (order confirmation). If the order confirmation differs from the information provided by the Customer in the order, the Customer must notify Megahobby within 2 working days, failing which the items and prices in the order confirmation will be deemed to have been accepted and ordered. The delivery date indicated on the order confirmation is indicative and may be subject to change due to the supplier's delivery capacity and other unforeseen circumstances. On this basis, Megahobby accepts no legal or financial liability for late delivery. If the delivery is delayed for more than 6 weeks, the Customer may cancel the order by excluding any further claims.

8. Place of performance

      8.1. At the Customer's request, Megahobby will deliver or have delivered the goods to the delivery address provided by the Customer at the time of registration.

9. Control and the transfer of risks

   9.1. At the time of invoicing, the items invoiced will be checked for damage and completeness and quantity. In view of the fact that inspection on receipt of the goods is the Customer's obligation, only indications made on receipt of the goods will be accepted as complaints. Upon delivery, Megahobby's risk of damage shall cease.

   9.2. Megahobby shall not be liable for any damages not directly resulting from the delivery; in particular, it shall not be liable for damages resulting from the breach of obligations and producer's liability, for any incorrect information in brochures, catalogues, other written materials and websites.

   9.3. No exemption from liability shall apply in the case of knowingly caused damage.

10. Reservation of ownership

   10.1. The Customer acknowledges the legal consequences and recognises that the products sold by Megahobby to the Customerare the property of Megahobby until full payment of the consideration (invoice), and that Megahobby retains title to them until such time as the consideration is paid.

   10.2. If the Reserved Goods are combined, processed or assembled with goods owned by others; Megahobby shall become part owner of such goods in proportion to the value of the Reserved Invoice.

   10.3. In the event of late performance by the Customer or bankruptcy/insolvency of the Customer, Megahobby may take possession of the goods as an enforcement of its reserved title to the goods. The enforcement of the retention of title and the seizure of the goods shall not be deemed to be a withdrawal from the contract.

11. Warranty and guarantee

   11.1. Megahobby guarantees the products sold by it in accordance with the legislation in force.

   11.2. Megahobby will continue to enforce the specific guarantees given by its suppliers. It will inform its Customers of this in the price list and other forums, and in the document "Warranty, guarantee and warranty conditions; information".

12. Export and import licences

   12.1. The re-export of the Products covered by the Contract, whether individually or on a regular basis, may be subject to authorisation for the Customer in accordance with the laws of Hungary or the country of origin of the Product. The Customer shall independently inform themselves of these regulations with the competent authorities and, irrespective of whether they specify the final destination of the Products supplied, shall obtain the necessary authorisations from the competent authorities at their own risk before exporting such Products. Megahobby shall not be liable for any legal or financial consequences of re-exportation.

   12.3. In the event of re-exportation, the embargo regulations of international conventions or international organisations must be strictly observed.

   12.4. The Customer's rights under the contract are non-transferable. If certain clauses of the General Terms and Conditions are found to be invalid or if there is a defect in the wording of the contract, the contracting parties may amend or supplement the invalid or incomplete definition by rules that are broadly appropriate to the economic purpose of the desired rule. The other definitions shall remain valid. The provisions of the Civil Code shall prevail in matters not regulated.

    12.5. Megahobby reserves the right to unilaterally amend the General Terms and Conditions in force at any time.

The present General Terms and Conditions shall enter into force on 1 July 2021.

Gabriella Hermann, Managing Director

Megahobby Ltd.