General Terms & Conditions

(8 October 2020)

  1. General

All contractual agreements from the EU Zone entered into by KC Struktur KFT. (hereinafter referred to as “KC Struktur”) and customers are subject to the General Terms & Conditions applying at the time the contract takes effect.

Please, read carefully this document before placing your order, because you are considered to have accepted the current General Terms and Conditions by making your order.

English is the language of the contractual agreements which are subject to the current General Terms and Conditions.

The contractual agreements which are subject to the current General Terms and Conditions are not deemed to be written agreements, thus the Seller is not entitled to file them.

Official data of the Seller as a service provider:

Imprint:

Name: KC Struktur Kft. – KC STRUKTUR Korlátolt Felelősségű Társaság

Registered seat: 1111 Budapest, Lágymányosi utca 12. fszt. 2.

Postal address (office):

1111 Budapest, Lágymányosi utca 12. fszt. 2.

9200 Mosonmagyaróvár, Szent István király út. 43. fsz. 1.                                                                                                                   

Tax Identification Number: HU26154147(-2-43)

Name of the Representative / authorized person to sign: Miklós Kállai

Registry: Fővárosi Törvényszék Cégbírósága

Company Registry Number: 01 09 304815

Commencement Date of Legal Relationship: 2017.10.12.

Bank: Takarékbank and UniCredit Bank

Address of the Bank:

UniCredit Bank – 9200  Mosonmagyaróvár, Fő u. 6, Hungary

IBAN: HU12109180010000011187410005

Takarékbank – 9200 Mosonmagyaróvár, Palánk utca 8, Hungary

IBAN: HU755950 0155 5810 567800000000, TAKHUHB

Statistical Code: 26154147-2512-113-01

TEAOR Scope of Activity: 2512 / 7112

Email: info@kcstruktur.com

Phone Number: +36 70 677 0365

Mobile Number: +43 660 1229 382

  1. Contracting

Placing an order via www.kcvirusmask.shop is possible for all persons from the European Economic Area, regardless of residence, origin or nationality. Orders placed outside the European Economic Area are subject to the general logistic restrictions and tax issues.

Persons or companies can order from outside the EU zone through e-mail (order@kcvirusmask.com or info@kcstruktur.com) with a pre-described list and by providing all necessary data for issuing invoices.

We are unable to provide warranties outside the EU unless this is subject to a separate contract, and agreement form.

All contractual agreements entered into will be between KC Struktur and individual or business customers (herein referred to as “the Consumer or Customer”) who must be 18 years of age and legally competent, or legally registered businesses.

If KC Struktur should unintentionally enter into a contractual agreement with an individual or business personnel who are legally incapable of entering into contracts, any contractual agreement between the two parties becomes void with immediate effect.

Placing an order on www.kcvirusmask.shop does not require the Customer to register/set up an online account. Customers must register their data under their own name, and complete all mandatory fields correctly so KC Struktur can check these data and ship the orders.

The contract

By providing the requested data and submitting an order online, completing the KC Struktur online order form and confirming the order by clicking on order, payment or pre-order button, or by placing an order in the form of an email, letter or phone call, Customers issue a legally binding purchase offer which are needed to be accepted by KC Struktur.

 Partial invalidity, code of conduct

 Even if any part of the General Terms and Conditions has legal discrepancy or is inoperative, the rest of the agreement remains in effect and the relevant regulations shall be applied instead of the inoperative or discrepant part.

The Seller has no code of conduct complying with the prohibition on unfair business practice against customers.

Correction of false data – Liability for the validity of the data

Please, note that it is your responsibility to guarantee that the data shall be accurately provided as it will serve as the basis for issuing invoices and delivery. By placing your order, you acknowledge that you are obliged to pay compensation for any and all loss or damage suffered by the Seller arising from incorrect or inaccurate data provision. The Seller disclaims his liability for his performance in case of incorrect or inaccurate data provision. It is important to note that an incorrect email address or full storage of the account may result in default in obtaining the confirmation of the order, thus it may pose an obstacle in forming the contract.

Information on the main features of the products

We inform you of the main features of our products at the details of the products on our homepage.

KC Struktur reserves the right to refuse orders.

KC Struktur reserves the right to change the price of shipping and handling if the customer is outside the EU zone.

A legally binding contract will be formed between KC Struktur and the Customer at the time of confirming the order, or at the time the Consumer has received the goods.

Any automated message sent by PayPal, UniCredit Bank, Woocommerce plugin (www.kcvirusmask.shop), WordPress homepage, Revolut or KC Struktur to Consumers in response to Consumers submitting their orders does not constitute a formal order confirmation.

KC Struktur reserves the rights to reject these emails and to re-answer these with corrected data.

  1. The right to cancel and return policy

General rights

The Customer is entitled to cancel an order without giving a reason within a time period of fifteen (15) days by notifying KC STRUKTUR in writing, sending a letter or email unless the order has already been shipped (also if members of postal or carrier services have been ordered) to the requested and defined address.

Please send mail or e-mail to:

KC Struktur Kft.

1111 Budapest, Lágymányosi utca 12, fdsz.2

order@kcstruktur.com, info@kcvirusmask.com

Customers are asked to write about their Order, by providing order number and date of order, and the credentials needed to identify them.

If the delivery comprises multiple separate shipments, the time period commences on the day the Customer or a representative acting on behalf of the Consumer has ordered and paid for all products that complete the delivery.

 Our cancellation or refund policy

KC Struktur shall refund all payments received from the Customer within a time period of fifteen (15) days after the Customer has cancelled an order and the shipment of the products has not been executed!

However, KC Struktur is not able to refund the delivery costs incurred by the Consumer order if the shipping has commenced or order has been placed to members of postal or carrier services.

Refunds

Unless otherwise agreed, KC Struktur will issue refunds by using the same payment method that Customer has chosen when paying for the order. If the original payment method is not an available option, KC Struktur will refund the Customer by arranging a bank transfer.

KC Struktur shall have the right to refuse to issue a refund until any goods dispatched to Consumer, under the terms of the contract have been returned by the Consumer.

The Customer shall return any goods within a time period of 10 days commencing on the day the Customer has notified KC Struktur about the cancellation or refund request.

Customers must provide proof of return upon request.

Upon receipt, all returned goods will be examined, as for hygiene reasons we are unable to offer refunds, replacements or exchanges on any opened or used goods.  All our goods out of the factory are ultrasonic cleaned, made from medical certified materials and hygienically sealed and packed. However, we can exchange unopened hygienically sealed products, which do not fit the customer because of their size.

We will process your return as quickly as possible and will notify you by email once your refund, replacement or exchange has been processed. During busy periods, please allow a maximum of 15 working days for your refund, replacement or exchange to be processed.

Please note that delivery charges are not refunded!

Return costs

If cancelling an order, or requesting a refund involves returning items to KC Struktur, the Consumer agrees to pay the cost of return delivery, plus the costs to arrange these orders to be shipped back to KC Struktur address. Customers must make sure, that the unpacked, hygienically sealed item to be returned, is properly wrapped up and ready for transport. Damaged packaging or goods will not be accepted!

KC Struktur will pay the cost of return delivery if KC Struktur has sent an item wrongly to the Customer, or if the Customer has received faulty damaged goods from factory.

In these cases, the Customer must notify and send proof of evidence by quality pictures to KC Struktur.

Voluntary returns

In addition to their statutory rights, customers may return unopened, hygienically sealed items within 30 days of the date they received the item without giving any reasons. However, damaged products by the Consumer, items without original packaging cannot be accepted by KC Struktur and cannot be refunded.

All surcharges incurred by returning an item with insufficient postage will be billed to the customer.

The following general conditions always apply:

A.) returned goods must be unused, unscratched, hyginically sealed

B.) returned goods and packaging must be in perfect original condition and clean

C.) all goods must be returned with all components and packaging.

Please note: Your right to return items voluntarily does not affect your Right to Cancel, or your statutory rights.

Exempt from this cancellation and return policy the above-mentioned rights do not apply to:

A.) orders for the supply of custom-made goods after the Consumer’s specifications or are clearly personalized

B.) agreements for the supply of goods which are capable of deteriorating or expiring rapidly

C.) orders for the supply of sterile or hyginically sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery

D.) bonds for the supply of products outside the EU Zone, special agreements and private contracts shall be made

E.) periodical deliveries that occur after agreements and other, private contracts.

  1. Inspection and damages

The Consumer shall have the right to inspect any goods received from KC Struktur.

This inspection may include carrying out a function test to ensure the purchased item is in full working condition. Straps, however, are thin parts, tested for a maximum of 25 N (2,5 kgf) pulling force, and if hardly pulled they might break. Consumer’s right to inspect the purchased goods does not include prolonged use of the items.

The Consumer is liable for any depreciation of items resulting from inappropriate use during the inspection of the goods.

We registered the products as one time use since this is a new development. We are sure, however, that the product can be used 10 times after cleaning and can resist to 20 filter changes.

The Consumer is liable for any damages to the purchased item that occur during the inspection of the goods.

Limited availability, pre-Ordered items

In case of items no longer available at KC Struktur webshop at the time, the Consumer’s order has been received, KC Struktur reserves the right to:

A.) offer the Consumer items and services matching both the quality and price of the original order

B.) to cancel the order entirely with a full refund.

Other errors

KC Struktur reserves the right to amend product details in printed catalogues/on websites if they should be found incorrect or incomplete.

Colours are under development process, and its impossible to be matched with 100%. Slight changes can happen until the production is completely set up and working properly.

All our materials however are medically approved, clinically tested after ISO 10993 standards and requirements.

In these cases, the Consumer shall be entitled to explicitly re-confirm the purchase order taking into account the new details. Otherwise, KC Struktur shall have the right to cancel the order.

  1. Damage caused

KC Struktur shall not be liable for any damage, direct or indirect, resulting from the incorrect use of products or items, unless gross negligence.

All products from KC Struktur are first time produced, developed new products.

Engineered to fight situation like Covid-19 Pandemic. The masks are not fitting to all kind of face shapes.

The filters are not 100% filtration efficiency either from the medical filter producers.

For this reason, KC Struktur cannot guarantee that the products are 100% in any way or manner.

KC Struktur recommends the use of these products to be limited until the Consumer feels comfortable with them.

Any mask, or similar face connected, nose and mouth covering item like KC Mask, can develop severe irritation because of friction and tight sealing performance.

Masks, reduce skin irritation by applying powder where the mask touches the skin. If you tend to have dry skin, apply a moisturizing cream immediately after taking off the mask for the day.  If you have a flare of red irritated skin, short-term use of a moisturizer after taking off the masks may be helpful. Consult with your physician and pharmacist.

KC Struktur does not recommend the filters to be used longer than for 24 active hours when infection risk level through inhalation exposure is high. These areas are usually infection check-test areas, like in hospitals, in aircraft or other closed rooms where the distance between people cannot be held above 1.5meter.

However, KC Struktur products must be labelled accurately and produced with the use of skin-safe, clinically tested materials! KC Struktur takes full responsibility in this manner.

KC Virus Mask – the product does not claim to be intended for use as a surgical mask or to provide liquid barrier protection.

Our filters are labelled with antimicrobial or antiviral protection or related uses for use such as infection prevention or reduction.

The product is not labelled as a respiratory protective device, and therefore should not be used for particulate filtration, like dust filtration.

The product is not labelled for use in high-risk aerosol-generating procedures or harmful gaseous areas.

  1. Shipping & delivery times

Unless otherwise agreed, Consumer orders placed via www.kcvirusmask.shop, to be dispatched to EU countries latest after 10 working days and arrive within fifteen (15) days after receiving order confirmation and invoice from KC Struktur.

For orders that have been paid in advance, the delivery period commences the day after payment has been received. For Pre-Order, not on stock items, these 15 days are commencing after the products are in stock again. This time period can vary from 4 weeks to 12 weeks time.

For all other payment options, the delivery period starts the day after the order has been confirmed.

If the last day of the delivery period falls on a Saturday, Sunday or a public holiday in Hungary or Austria, the delivery period is extended to the following working day.

  1. Shipping & delivery prices

The amount for delivery Consumers pay, will be the item price quoted plus delivery charges. We use weight-based delivery calculations, based on international freight forwarders data and policy. For this reason, the providers’ delivery terms also apply.

Moreover, the delivery costs applying to a given online order are displayed on the checkout page. The customer has to bear the direct costs of the return to Hungary, Budapest or Mosonmagyaróvár, in case of revocation.

  1. Pricing in general

KC Struktur provides EURO based prices with 27 % VAT included. As quoted on www.kcvirusmask.shop, the prices represent the total amount due, including VAT charged at the rate that applies for KC Struktur company.

KC Struktur reserves the right to individually price items offered online. KC Struktur reserves the rights, and is obliged to change VAT charges according to business base country, should that be incorrect or incomplete for the Consumers country.

  1. Payments and conditions

All payments are in EURO or FORINT. KC Struktur offers Revolut or PayPal / Credit Card payments in EURO, and bank transfer payments in EURO or FORINT currency.

KC Struktur also offers SEPA direct transfers from a bank account to a bank account in EURO. Please note that any bank transfer charges incurred in respect of your order will be added to your balance.

If we do not receive your payment within 10 days, your order will be cancelled automatically.

You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.

We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

Unless credit terms have been agreed, payment of the price, delivery charges, and all other fees and amounts must be made with your order.

Defaulting on payment shall incur a payment charge of € 10.- for each reminder sent to the Consumer by KC Struktur, as well as default interest charged at the rate 10 per cent p.a.

Further defaulting on payment shall result in the assignment of a collection agency. All costs associated with recovering the debt are at the expense of the Consumer.

KC Struktur shall have the right to provide the debt collection agency with the Consumer’s name, gender, contact information, last known address, the amount owed and the Consumer’s previous credit rating.

Prices are only given for information. The Seller is entitled to modify the prices for business reasons. However, this modification shall not affect the formerly concluded contracts.

To avoid problems arising from incorrect prices: customer shall pay the price quoted on the webpage.

  1. Warranty

KC Struktur is working only with partners, with valid and certified quality management like ISO9001. KC Struktur ensures that all items are of satisfactory quality, fit for purpose and as described.

Properties and specification of any delivered item shall be according to the product information provided on the datasheets, homepage or product letters.

KC Struktur provides a 2 year warranty on all new, unpacked items. The guarantee period commences at the production date.

The masks and accessories are registered as one time use, disposable products until the development reaches the next levels. The filters must be replaced after each user, or after 24 hours.

However, the materials we provide are in very good quality and most of them can tolerate high temperatures for cleaning and disinfection. Colors, material transparency may change with the cleaning procedures.

In case of the delivered item being faulty or damaged, KC Struktur shall provide the Consumer with a replacement item. However, this right does not apply in the case of minor item faults, like scratches or colour mismatch if the products are functional.

Warranties provided by KC Struktur apply to single items, products.

KC Struktur shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or overuse by the Consumer.

KC Struktur receiving a returned item in conjunction with a claim does not automatically constitute that KC Struktur accepting the claim.

KC Struktur shall not be liable for claims or damages caused in conjunction with warranties or functions, provided by item manufacturers and other vendors, suppliers, third parties at the time of purchase.

  1. Liability

KC Struktur is not liable to the Consumer (or any other parties) for

A.) any loss or damage which was not caused by KC Struktur’s breach of the legal duty of care;

B.) any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care.

C.) the Consumer notified KC Struktur that the loss or damage may occur if KC Struktur breached the Contract or legal duty of care;

D.) any loss or damage caused by The Consumer’s use of KC Struktur’s webpages, help desks or call centres.

Unless otherwise agreed, KC Struktur shall not be liable to the Consumer (or any other parties) for any damage, and injuries, or loss of income, business or profits as a result of the loss, or damage to, by or with a worn product by the Consumer purchased by KC Struktur.

Nothing in these Terms & Conditions shall exclude or limit KC Struktur’s liability for fraud; personal injury caused by negligence or liability which may not be excluded or limited under any applicable law.

   12. Claim handling and contact possibilities for exercising right

The Customer can submit his consumer-related complaint about the activity of the Seller by using the following contacts:

Phone number: +36 70 677 0365

Email address: info@kcstruktur.com, order@kcvirusmask.com

Internet address: www.kcstruktur.com, www.kcvirusmask.shop

  1. Law & Jurisdiction

All contractual agreements between KC Struktur and The Consumer shall be governed by and construed in accordance with the laws of Hungary.

The legal language is Hungarian. If you need the Hungarian General Terms and Conditions please contact our main office to request it.

Although KC Struktur offers an English language version of the website content and General Terms & Conditions, these translations are provided for the international, European Consumer’s convenience only.

By purchasing items from KC Struktur, Consumers automatically waive their right to set-off as well as all lien rights. However, this waiver does not apply in case of administration, exerting statutory creditor rights, compensation orders, and claims accepted for adjudication by KC Struktur.

Any disputes arising out of or relating to this Agreement or any additional agreements thereto, including disputes arising out of or relating to their interpretation, invalidity, non-performance or termination, shall be resolved by mutual consent. If no agreement can be reached between the Parties, then, depending on the value of dispute, they submit to the exclusive competence of the District Court of Mosonmagyaróvár or Budapest and the General Court of Mosonmagyaróvár or Budapest.

English is the language of communication and commercial activity between the Seller and the Customer/Consumer. Seller is not obliged to use the state language of the Customer.

The Seller is not obliged to comply with the non-contractual specifications of the Customer’s state law regarding the given product, such as labelling or industrial discipline- related requirements and the Seller is not obliged to inform the Customer of these requirements, either.

Unless otherwise agreed, the Seller applies the Hungarian VAT rate to every product.

The Customer is entitled to use his right to exercise his right under this General Terms and Conditions.

In the case of electronic payment, the Seller has the right to determine the currency. 

Details of the relevant law:

The contracts concluded between the Seller and the Customer are governed by the Hungarian law, especially by the following regulations:

Act CLV of 1997 on customer protection

Act CVIII of 2001 on some issues regarding electronic commercial services and services related to information society

Act V of 2013 on the Civil Code

Government Decree 151/2003 (22 Sept) on the statutory warranty for durable consumer products

Government Decree 45/2014 (26 Febr) on the detailed regulations on contracts concluded between customers and companies

NGM (Ministry for National Economy) Decree 19/2014 (29 April) on procedural rules of warranty and commercial guarantee claims for products with contractual sales between customers and companies

Act LXXVI of 1999 on copyright

Act CXII of 2011 on the right of self-determination and freedom of information

EU Regulation 2018/302 of the European Parliament and Council (28 Febr 2018) on measures against unreasonable territorial content restriction and discrimination based on citizenship, residence and establishment place within the internal market and on the modification of EC Regulation 2006/2004 and EU Regulation 2017/2394, and the EC Directive 2009/22

EU Regulation 2016/679 of the European Parliament and Council (27 April 2016) on data protection of natural persons and the flow of these data and repealing EC Regulation 95/46 (general data protection regulation)            

  1. Regulations on copyright issues:

According to Act LXXVI of 1999 on copyright, section 1 (1), the webpage shall be regarded as an author’s work, thus copyright applies to every part of it. Section 16 (1) stipulates that unauthorized use of graphic and software solutions used in the webpage is forbidden, along with any other application that is capable of modifying the webpage or any part of it. The consent of the copyright holder is essential to use any material from the webpage or its database, moreover, it is obligatory to show a reference or the source of this taken-over material.

The copyright holder is the KC Struktur Kft. – the Seller.

  1. Data protection, handling of data:

The regulations and rules on data protection and handling of data are available, which is:

https://kcvirusmask.shop/privacy-policy/