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Terms & Conditions

Introductory

By using our site, www.bykernshop.com , you indicate that you accept these Terms and conditions and that you agree to abide by them. Civil Code, (Act V. of 2013) 6: 77-6: Section 81

If you are a customer or an active user of the opportunities offered by our Web Store, please read our Terms and Conditions carefully and only use our services if you agree with all your points and consider them binding. These conditions are governed by the laws of Hungary.

1. Webshop Operator Details:

Provider’s name: By Kern Kft
Headquarters: 8000 Székesfehérvár, Korponai u 3
Location: 8000 Székesfehérvár, Seregélyesi u 109
Managing Director: Péter Kern
Postal address: 8000 Székesfehérvár, Korponai u 3. Hungary
Email address: office@bykern.com
Facebook: https://www.facebook.com/bykern.exhaust/
Phone number: +36209505020
Tax number: 23467213-2-07
Eu tax number: HU23467213
Foundation year: 2011
Business Registration Number: 07 09 020852

Bank account number: 10102952-68986600-01004006
IBAN: HU 03 10102952-68986600-01004006
Accounting Bank: Budapest Bank,
SWIFT code: BUDAHUHB

Issuing Court of Registration: Court of Registration of the General Court of Székesfehérvár
Address: 8000 Székesfehérvár, Zichy park 10.
Contact: +36 22 316 524
Fejér County Chamber of Commerce and Industry, registration number: FE23467213

Hosting Provider: NEXT Server Ltd.
6722 Szeged, Mérey u 12.
info@nextserver.hu
+36 1 445-1300
Tax number: 22797610-2-06
Company Registration Number: 06-09-022127

Contract language: Hungarian and English
Order and confirmation language: English
Relationship language: English

The service provider in this general contract terms is referred to as “the Webshop operator”.

2. Purchasable Products and Services

Main activity of the Webshop operator: 4540. Trade and repair of motorcycle parts

Products: www.bykern.com and www.bykernshop.com

By Kern Premium Exhaust, By Kern Rock Exhaust

Warning: The images displayed on the product sheet may differ from the actual one, in some cases only illustrated.

3. Ordering Information

Displayed products can only be ordered through the Web Store, online or by e-mail. It is also can be ordered with home delivery or personal collection.

The prices include the statutory VAT rate of 27% but does not always include home delivery.

If the Webshop operator indicates a defective price next to the product and the price of the product differs from its accepted price, the Webshop operator is not obliged to provide the product at the wrong price, but is obliged to offer the buyer the opportunity to buy at the real price in the order confirmation. If the buyer does not wish to make use of this option, he has the right to unilaterally withdraw from the contract.

No separate packaging costs will be charged. Detailed shipping rates are included in these terms and conditions, under the Terms of Delivery menu.

In our webshop, you can browse products by categories. In addition to the products listed, you can view a brief description of each product, its price, and other features without the need for completeness. For more information on the product, click on the product image or name. then you get to the product page where you can get more detailed information about the product. If you need more detailed information, you can request it in the English or Hungarian language at the registered email address found it the Webshop operator details.

The process of ordering

By clicking on the cart mark you can place the product in the basket. You can place products in the basket without signing in, however, you must log in to the system before ordering. You can only do this by registering yourself. You can find the registration under the following menu item. If you are a registered customer, but have forgotten your password, use the Password Login Reminder. If you enter your registered email address here, your password will be emailed to you. You can log in using the Login menu item. Enter your registered email address and password here, then press the Enter button. If the login is successful, this window will display your registered email address and exit button to leave the store.

You can check and edit the contents of your cart by using the Basket menu item. It is possible to view and modify the quantity of products you want to order from the basket, and to choose the payment and delivery method that best suits you, or to cancel the item.   It is also possible to empty the basket completely. If you want to add more products to your cart, select the “Continue shopping” button. If everything is fine and you have decided to place an order, you can finalize your order by pressing the Cashier button. After you have finalized your order to the email address you provided, we will send you an automatic confirmation containing your order details. If you do not receive this letter, your system has not accepted your order. In this case, please contact us using the details of webshop Operator. Once we have processed your order, we will send you an email with a confirmation of your order to your email address. The product will be delivered only after this.  You can monitor your order process until the order is closed using the Order Tracking menu item. Here you can find all the orders you have sent to our Webshop. Each order can be identified with a unique order number. Government Decree 45/2014 (II.26). According to Section 15 (1), we draw the attention of the customers to the fact that by ordering in the webshop, a payment obligation arises.

4. Registration

If you want to buy, you will also need to provide the information you need for your purchase, such as your name, billing and shipping details, email address, and your later login password. Before the registration is finalized, it is also necessary to accept the registration terms. Registration is confirmed by email. The buyer is obliged to treat the password given by him confidentially. If, following the correct identification of the customer’s unique identifier and password, the data of the buyer is held by an unauthorized third party, the Data Controller shall not be liable for any resulting damages or disadvantages. Users give their e-mail address a consent to send a technical message to the Webshop operator. The registered data is modified or deleted from the system by the Webshop operator upon request. For security reasons, a cancellation request will only be valid if the cancellation request is confirmed by email, so that someone deliberately or mistakenly deletes the registration from the registry. Registration is identified by the email address, so an email address can only be registered once.

Registration is not subject to obligations.

5. Processing orders

Orders are processed on business days from 08:00 to 16:00. There is also the possibility to place an order outside of the time specified for processing the order, but if it is done after the end of the working time, the order will be processed only on the next working day. The delivery deadline for the order is 2 to 5 working days from the date of confirmation for the products in stock. If the product is not in stock, it may take 4-5 weeks, depending on where you purchased it.

Our company is not responsible for any technical specifications of the ordered product due to prior notice to the supplier or for reasons beyond its control.

6. How to pay for the ordered product and the cost of home delivery

Method of payment of the ordered product

Bank prepayment. Your order will be confirmed, you will find your proforma invoice in your confirmation email, which includes our bank account number and the order number to be referred to in the remittance note / notice box. If the transferred amount is credited to our bank account, we will only deliver the product afterwards.

IBAN: HU 03 10102952-68986600-01004006  Számlavezető bank: Budapest Bank,
SWIFT-kód: BUDAHUHB

Personal fulfillment: In this case, you will pay the purchase price of the product in cash in HUF or Euro at the seat / site of the Webshop operator.Bank card payment is available for the following, card holders: MasterCard, Visa, etc…

8. Home delivery rates

The product is delivered by our DPD courier service to your address.

Shipping costs vary by product and by region, so you can find out about its value in the Shipping costs menu.

Orders received by our webshop are only delivered by couriers of DPD courier service. Packages are delivered on working days between 08:00 and 18:00. It is advisable to enter a delivery address where the courier will be able to accept at the time of the day. We will send you the number of the DPD package upon confirmation of the ordered shipments, which you can keep up to date on the DPD tracking page. https://www.dpd.com/tracking/(lang)/en In the Dpd courier system, it is always necessary to provide the recipient’s email address and is not mandatory, but it is advisable to enter a phone number for package administration reasons.You can read about the Dpd related data management here: https://www.dpd.com/en/home/siteutilities/adatvedelmi_nyilatkiation2

In case of any further questions regarding the operation, ordering and delivery process of our store, we are available on the contact details provided by the webshop operator.

9. Right of withdrawal

Law of 45/2014 on Contracts between the parties. According to the regulation of the Government of the Republic of Hungary, the provisions of this clause are applicable only to the consumer who is a consumer. The consumer can withdraw from the contract within 14 working days of receiving the ordered product without justification, return the ordered unopened product. If the consumer has a right of withdrawal, he / she must disclose this to the Webshop operator in a clear written statement (by registered mail or by e-mail). The Webshop Operator shall promptly acknowledge it to the consumer upon receipt of the withdrawal notice. In the event of the consumer’s withdrawal, the ordered product must be returned to the Webshop operator within 14 days of the disclaimer. The cost of returning is borne by the consumer.

If the consumer has a right of withdrawal, the Webshop operator must reimburse the consumer for the payments he has made, including the shipping charge, within 14 days of receiving the relevant statement. An exception to this is if the consumer chose a mode of transport that entails additional costs and which is different from normal transport. The service provider does not have to repay the obligation until the product is returned or until the consumer has received a credible certificate of return of the product. In case of discrepancy between the two dates, the Webshop operator must take into account the earlier date.

The webshop operator may demand compensation from the customer for material damage resulting from improper use. Therefore, pay particular attention to the proper use of the product, as the consumer is liable for any damage resulting from misuse.

After the package arrives at our company, a video camera is recorded to extract the package and examine the returned product. This is necessary to avoid possible misunderstandings. (for example, the returned product was damaged or incomplete)

The customer does not have the right to cancel:

  • in the case of a non-prefabricated product that has been specifically produced at the request of the customer, according to his / her specific request,
  • for a product where the consumer explicitly requests the Webshop for urgent repair or maintenance work

10. Warranty

Including the terms and conditions of the mandatory warranty for certain products marketed by the Webshop operator. According to Government Decree, the consumer has a 2-year warranty period from the date of delivery of the product. The consumer is entitled to repair or replace the defective product within the warranty period free of charge. Warranty companies may differ in terms of product, their exact availability and conditions, and in each case the product description provided with the product.

Warranty repairs cover malfunctions resulting from a manufacturing fault. The warranty terms and conditions apply in conjunction with the terms and conditions of the user manual. The warranty period for products in the webshop may vary, but it is never less than 1 year.

In the event of a product failure, you can find out more about what to do at the address and phone number shown on the enclosed description and one of our contact details. The cost of delivering the products to the warranty service center is borne by the customer. You can return the defective product directly to the address of our Webshop service center. Portal packages are not picked up by our pick-up point, and are always returned to the sender! Only new parts are installed in the product during repair. The Webshop operator should endeavor to repair or replace within 10 days. The costs of the warranty service are borne by the Webshop operator.

Otherwise, the warranty is governed by the provisions of §6.171-173 of the Civil Code.

11. Warranty / 2

In the event of a defect in the supplied product, the Webshop operator shall have the right to enforce a warranty claim against the Cvili Code. 6: 159-167: i.

12. Complaint handling

The Webshop Operator is required to record a report of the complaint at the location indicated in the Webshop Operator’s data and to retain the complaint for a period of five years from the date of admission, together with the response. The Webshop Operator will investigate the complaint received within 30 days of receiving it and provide a substantive response. If the Webshop operator gives a negative reply to the complaint, it must provide a justification in writing. Disputes arising from a contract with the Webshop operator may primarily be settled amicably, by agreement between the parties, or before the consumer protection authority competent for the consumer’s domicile. Székesfehérvár Consumer Protection Association: http://www.szfve.hu/index.php, (Address: 8000 Székesfehérvár, Csanádi square 1-2. 00-18: 00), Tel. / Fax: + 36-22-327-652)

If these do not lead to a result, the parties will have the opportunity to be at the Fejér County Arbitration Board, (Address: 8000 Székesfehérvár, Hosszúsétatér 4-6., Phone: +36 22 510-310, Fax: +36 22 510-312, E- mail: bekeltetes@fmkik.hu, ultimately the court road.

13. Data Management

When using the Webshop, the webshop manages the personal information made available to you by the web shop and does not disclose it to third parties, except for DPD courier service and only personal information that is required to deliver the order.

When browsing the Webshop, technical information is recorded for statistical purposes. (IP address, duration of visit, etc.). This information is only justified by the Webshop operator and provided to the authorities in justified cases. To use this service, you need to enable cookies. If you do not want to allow cookies, you can disable your browser settings. If you disable cookies, some features of the service are only partially or totally unavailable. A cookie is a file that the server sends to the user’s browser and stored on the user’s computer. No personal data is stored in the cookie. The data recorded during the order is used by the Webshop operator to fulfill the order. The invoice details of the order submitted by each IT system on the webshop pages are recorded with the data provided during the order submission and stored for the period specified in the effective Accounting Act. The Webshop Operator handles the information provided during the webshop browsing or when signing up for the newsletter provided during the registration process, and can be unsubscribed from one of the contact details provided. You may request that your data be deleted or modified at any time in writing.

In the procedure starting with the order, the CXII. Provisions of the Act are applicable, the privacy statement of the service provider is available on the website.

14. Other Provisions

In matters not covered by these General Terms and Conditions, Act No. 45/2014 of the Civil Code (Act V of 2013) on Contracts for Distance Contracts of Distance Sellers. Government decree.

15. Customer Service

Contact Us:

Peter Kern: +36209505020 (Hungarian Customer Service)

Email address: office@bykern.hu (Hungarian and English Customer Service)

Address: HUNGARY 8000 Székesfehérvár, Korponai u 3.

Customer Service opening hours:

Monday to Friday, 08:00 to 16:00

Legal references:

Data Management: 2011 CXII. Act (Info)

Withdrawal, product warranty, warranty, refund 45/2014. (II. 26.) Government Decree

Warranty 151/2003. (IX. 22.) Government Decree