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Conditions of Use

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TERMS OF USE

Terms of use of the podsandbars.com website
(hereinafter referred to as the Rules)

Effective: as of 14 February 2023

This Policy contains the terms and conditions for the use of the services of the website www.pondsandbars.com (hereinafter referred to as the “Website”) owned by Never smoke Ltd.

1. General information and contact details

1.1. Service provider details:

  • The name of the service provider is Never Smoke Kft.
  • The registered office of the service provider (and the place of the postal complaint handling) is 1152 Budapest, Illyés Gyula utca 2-4. A. ép. fszt. 7.
  • The contact details of the service provider and the e-mail address regularly used for contacting customers: info@pondsandbars.com
  • Company registry no.: Cg.01-09-403906
  • Tax number: 32038224-1-42
  • Name of registering authority: Fővárosi Törvényszék Cégbírósága
  • Phone number: +36709420692
  • Website contact: pondsandbars.com

If you have any questions about the operation of this website, please contact us at the contact details provided above.

1.2. Details of the hosting provider:

  • Company Name: SiteGround Spain S.L.
  • Address: Calle Prim 19, 28004 Madrid, Spain B - 87194171
  • Registered: Inscrita en el Registro Mercantil de Madrid, Tomo 33085, folio 1, hoja M-595464

1.3. Information on the Terms of Use

The Terms of Use are governed by Hungarian law.

2. Content of the terms of use:

These Terms of Use set out the terms and conditions for using the information society services (the Service or the Website) available on the website www.pondsandbars.com  operated by the Service Provider.

A User is a visitor to the Website and anyone who uses any of the services of the Website. By accessing and using any element of the Website or the Service, the User accepts the terms and conditions of this Policy.

The Rules are continuously available on the website. If the Service Provider modifies the Rules, the previous Rules will also be available on the website, indicated by date.

The Service Provider reserves the right to unilaterally modify these Terms and Conditions. The modification of the Terms and Conditions shall enter into force after the publication of the modified Terms and Conditions on the Website and the User accepts the modification of the Terms and Conditions by using any Service after the modification.

3. Subject matter of the Website services:

General information::

The Website provides a price comparison service for nicotine pouches (nicotine pouches / nicopods). Within this framework, the Service Provider lists the prices of the web shops (hereinafter referred to as web shops) that have a contractual relationship with the Service Provider and distribute smokeless nicotine pads, and based on the list, the User can decide which web shop to order the selected product from based on the price of the products and the evaluation of the particular webshop. By clicking on the product or webshop, the User leaves the Website and proceeds to the page of the selected webshop.

The Service Provider does not assume any liability in connection with the selected product, its possible health risks and the webshop, given that the product concerned is not distributed by the Service Provider and will not be ordered by the User from the Service Provider and will not be paid to the Service Provider, i.e. no contractual relationship is established with the Service Provider. The Service Provider only promotes the sale of webshops by providing a platform for the presentation and comparison of products from webshops.

The Website may only be visited by Users over the age of 18. When visiting the Website, the User may indicate in a pop-up window whether he/she is over 18 or under 18. If the User indicates that he/she is under 18 years of age, the Website will reject his/her visit and he/she will not be able to use the services. If the User indicates that he/she is over 18 years of age, he/she will be able to use the Services.

The User is obliged to provide information corresponding to his/her real age when visiting the Website. The Service Provider excludes all liability in the event that the User does not use the Website in accordance with his/her real age.

The Service Provider does not assume any liability for any objections related to the webshop selected by the User, such as delays in delivery or any other problems or damages related to the fulfillment of the order.

The Service Provider shall not be liable for any damages resulting from the use of products ordered by the User. The User acknowledges that in the event of any complaint regarding the products ordered by him or the webshop visited by him, he may only contact the webshop in question, and the Service Provider shall not be liable or obliged in any way.

The Service Provider shall display on the Website the essential data of the products available and available for ordering from the webshops under contract with the Service Provider, i.e. the name of the product, the name of the manufacturer, the essential characteristics of the product, the description, the photo of the product and the price.

The Service Provider does not sell products, but only provides a price comparison service, whereby the User can proceed to the selected webshop, where he/she can purchase the selected product in accordance with the contractual terms and conditions of the given webshop.
The prices indicated on the website are in Euro (EUR), are gross amounts and include VAT. Unless otherwise indicated, the prices shown do not include delivery or packaging costs. The price indicated is per item /package/. The price of the products and the description and characteristics of the products are communicated by the webshop to the Service Provider and the Service Provider does not assume any responsibility for them.

If the User notices a discrepancy in the price of any product, he/she can report it to the Service Provider by clicking on the “Report” option. This will be reviewed by the Service Provider and, if justified, the error will be corrected.
In the case of incorrect price indication, the Service Provider does not assume any liability, in this case (also) the User may exercise his rights against the webshop.
If a promotional price is introduced, the Service Provider will inform Users about the promotion and its exact duration.

The data and information on the Website do not constitute an offer or an offer to enter into a contract.
Product images are for information only and may differ from the actual product. The description and specifications of the products are for information purposes only and the Service Provider reserves the right to make errors or omissions.

The exact description of the products and the health risks of their use can be found on the webshop, for which the Service Provider does not assume any responsibility.

 

Evaluation:

On the Website, the User may, at his/her own discretion, evaluate the product, i.e. give his/her opinion on the products, which will be displayed on the Website by clicking on the “Submit” icon. By clicking on the “Submit” icon, the User consents to the processing of his/her data and to the inclusion of his/her opinion and rating on the Website, as set out in the Privacy Policy.

The Service Provider is entitled to remove the rating at any time without giving any reason and without notice, together with the deletion of the User’s personal data. The Service Provider has the right to ban the User from the Website if he/she gives at least 3 (three) unlawfully negative, obscene, vulgar or otherwise inappropriate reviews. The purpose of this is to ensure that the Website provides objective information to Users.

 

Newsletter:

By selecting the appropriate option, visitors to the Website expressly and voluntarily consent in advance to subscribe to the Service Provider’s newsletter.

The User may withdraw his/her consent at any time, without limitation and without giving any reason, free of charge, by using the appropriate function on the website or by sending a letter to the Service Provider’s address or an e-mail to the following e-mail address: info@pondsandbars.com.

On the basis of the above, the Service Provider is entitled to send the User a newsletter or other advertising mail, business advertising or to contact the User for direct marketing purposes, provided that the User has given his/her prior, unambiguous, express and voluntary consent.

The Service Provider shall not be obliged to verify that the data provided by the User at the time of giving his/her consent are true and correct.
The provisions of the Privacy Policy apply to the processing of data related to the newsletter.

 

Registration:

Registration is possible on the Website. You can register by creating a user account on the Service Provider’s website.

In the case of registration, the User is entitled to receive discounts and to monitor and track product prices.

Data processing in connection with registration is governed by the provisions of the Privacy Policy.

 

4. How to Buy

The User can order and pay for the products listed on the basis of his/her needs by clicking on the product or on the webshop, according to the webshop’s own page and the terms and conditions.

The Service Provider does not sell products.

5. Right of withdrawal, defective performance, warranty:

The right of withdrawal, if any, and the procedure for exercising it may be provided for or regulated by the terms and conditions of the webshop.

The reporting and rules of defective performance, the types of warranty rights that may be exercised in the event of defective performance and the way in which they may be exercised may be provided for or regulated by the terms and conditions of the webshop.

The Service Provider draws the attention of Users to the fact that Users may not exercise any right of withdrawal or warranty against the Service Provider, given that the products are not ordered on the Website and are not sold by the Service Provider.

6. Complaints handling

Pursuant to Article 2 a) of Act CLV of 1997 on Consumer Protection, the following persons are considered consumers under this section of the Rules:

A natural person acting for purposes outside his or her self-employed occupation and economic activity who buys, orders, receives, uses, makes use of or is the recipient of commercial communications or offers in relation to goods.

In addition to the above, a consumer for the purposes of the rules on the conciliation body is also a civil organisation, a religious legal person, a housing association, a housing cooperative, a micro, small and medium-sized enterprise, a civil organisation, a religious legal person, a housing association, a micro, small and medium-sized enterprise, acting for purposes outside its own occupation and economic activity, which buys, orders, receives, uses, makes use of or is the addressee of a commercial communication or offer in relation to goods.

6.1. General information

The User (hereinafter referred to as the Consumer in this Section 5.2. and 5.3.) may submit any complaints regarding the Service to the Service Provider at the contact details specified in Section 1.1. by telephone, email or postal mail.

Verbal complaints made by telephone will be assigned a unique identification number by the Service Provider. The Service Provider shall communicate this number to the Consumer.

The verbal complaint should be investigated immediately and remedied as necessary. If the consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the service provider shall immediately take a record of the complaint and its position and shall send a copy of the record to the consumer at the latest at the same time as the substantive reply in the case of an oral complaint by telephone.

The record of the complaint must include the following:

  1. a) the name and address of the consumer,
  2. b) the place, time and manner of lodging the complaint,
  3. c) a detailed description of the consumer’s complaint, a list of the documents, records and other evidence produced by the consumer,
  4. d) a statement by the Supplier of its position on the consumer’s complaint, where an immediate investigation of the complaint is possible,
  5. e) the signature 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 signature of the consumer,
  6. f) the place and time of recording of the minutes,
  7. g) in the case of an oral complaint made by telephone or other electronic communication service, the unique identification number of the complaint.

The Service Provider is obliged to reply to the written complaint in writing within thirty days of receipt and to take measures to communicate the complaint.

The Service Provider must keep the record of the complaint and a copy of the reply for three years and present it to the supervisory authorities upon request.

If the complaint is rejected, the Service Provider shall inform the consumer in writing of the authority or conciliation body to which he/she may refer the complaint, depending on its nature. The information shall also include the seat, telephone and Internet contact details and postal address of the competent authority or conciliation body in the place where the consumer resides or is staying. The information shall also indicate whether the Service Provider will use the conciliation body procedure to settle the consumer dispute.

Consumers can also submit their complaints via the European Consumer Centres Network website n (https://commission.europa.eu/) or by using the Online Dispute Resolution Forum Online Dispute Resolution Online Dispute Resolution | European Commission (europa.eu)


6.2. Online vitarendezés

In the case of cross-border consumer disputes related to online services, consumers can settle their cross-border disputes related to online services electronically by submitting an electronic complaint through the online platform available at the following link [https://webgate.acceptance.ec.europa.eu/odr/main/?event=main.home.show].


The procedure can be initiated by registering on the online platform available at the link above, filling in a complete application and submitting it electronically to the conciliation body via the platform.

In Hungary, the Budapest Arbitration Board has the right to act in cross-border disputes between consumers and traders related to online sales or service contracts.

6.3. Court proceedings

As a last resort, consumers are entitled to pursue their claims arising from consumer disputes in civil proceedings before the courts.

7. Copyright

The content displayed on the Service Provider’s website (graphics and other materials, documents, the layout and editing of the website, the software and other solutions used, trademarks, company names, etc.) is the intellectual property of the Service Provider. Exceptions to this rule are trademarks of persons, web shops, manufacturers other than the Service Provider, which are displayed on the Website. In addition to the display, temporary reproduction and private copying required for the normal use of the service, these intellectual works may not be used or exploited in any other form without the prior written permission of the Service Provider, and any such activity may give rise to civil and criminal proceedings

8. Data management

The Service Provider shall maintain a Privacy Policy on the conditions of processing of Users’ personal data, which is Annex 1 to these Terms of Use.

These Terms of Use shall remain in effect from 14 February 2023 until revoked or further amended.