Consumer information

Introduction

The purpose of the website operated at the web address under the domain www.lapidaris.com is to sell products by OLINFORM SYSTEM Kft (Ltd) within the framework of the operation of Lapidaris system and provide service which beyond reforming the cemetery records makes it possible to keep your deceased ones’ memory green in a unique way with modern technological solutions and tools.

The name of the product which can be purchased on the website or at our official commercial partners and the service connecting to it: Lapidaris system.

System elements: Lapidaris Stone placed on the grave, online data sheet of the deceased, and 50 mB web host.

By using Lapidaris system, it will be possible for you, your relatives, friends, acquaintances and unknown persons to call up memories recorded and uploaded on the website and keep alive your stories connecting to your loved ones lost. Description of Lapidaris system can be found in Annex no. 1, which is accessible from the menu point “What is Lapidaris?”

By purchasing Lapidaris system, Service Provider will make available for Customer this complex system that is Lapidaris Stone equipped with an electronic chip which can be placed on the grave and contains the data sheet of the deceased, the data sheet accessible from the website Lapidaris.com and editable in the Lapidaris system as well as the 50 Mb web host.

The user purchasing the Lapidaris system will exclusively be entitled to control the content of the data stored in the data sheet and the web host and they will exclusively be responsible for it.

Data of Service Provider:

Company name: OLINFORM SYSTEM Informatikai Szolgáltató és Kereskedelmi Korlátolt Felelősségű Társaság (OLINFORM SYSTEM Informatics Servicing and Trading Limited Liability Company)

Abbreviated company name: OLINFORM SYSTEM Kft (Ltd)

Company registration number: 15-09-082363

Tax number: 25082795-2-15

Registered office: 4931 Tarpa, Esze Tamás Street, 24

Bank account number: 10403428-50526769-67901009

Client Service contact details: info@lapidaris.com, 0333 939 8334

Service Provider will also perform editing, maintenance of the Website and ensure the web host necessary for storing the data connecting to it.
Service Provider is the manufacturer of the product and holder of copyright of the Lapidaris system, including also the Website.
Service Provider is exclusively entitled to the copyright protection, the utility model and the legal protection of the trademark.
The number of the certificate issued by the Hungarian Intellectual Property Office for certifying the Lapidaris system as the Service Provider’s own software and work of art is: 006978.

Definitions

Customer: Natural person who initiates purchase of Lapidaris system by placing an order. In accordance with the government decree no. 45/2014 on the detailed rules of the contracts between the consumer and the enterprise, Customer is qualified as a Consumer. By purchasing the Lapidaris system, Customer will acquire property right of Lapidaris Stone, disposal right of data sheet of the deceased, as well as 50 Mb web host for the data sheet of the deceased.
Data sheet: By purchasing the Lapidaris system, Customer will acquire entitlement to the creation of the data sheet which includes the data of the deceased and the contents shared by the commemorating persons, the candles lighted during the commemoration.
User: The person who comes to know the content of the Lapidaris system, the data sheet of the deceased while browsing the Website or using the URL placed in the Lapidaris Stone, uploads content and commemorates. With regard to the instructions concerning the User, Customer should also be considered as User.
Administrator: The Customer and the Users who are given administrator’s right by them are entitled to perform adjustment of data in the data sheet of the deceased and cancel the contents shared.

Using the system

What technical conditions are necessary for using the system?

Internet connection is essential for using the Lapidaris system.
The function of the NFC chip installed in the Lapidaris stone operates only if your Internet-capable device is NFC compatible.
We recommend that you should ask the dealer of your device about the NFC compatibility of your device.

Ordering

For ordering the Lapidaris system, Customer shall give the following data via the Website in the menu “Ordering”:

Your name (family name and given name), correspondence and delivery address, e-mail contact, telephone number, furthermore:
The selected way of delivery and payment.
In order for us to ensure accuracy of data of the deceased during the provision of our service, you should also attach death certificate of the deceased via the website. Following the comparison of the data, the death certificate attached will be cancelled from the system.

In accordance with the order placed, after comparing the data sent in the order form Service Provider will perform registration of Customer and send to Customer the steps necessary for the activation in an e-mail.
You can change the provisional password provided for using the Lapidaris system in accordance with the instruction received during the receipt of the package.
Customer shall manage the password given by them confidentially.
If during the identification the data of Customer of Lapidaris system gets in the possession of an unauthorised third person following the correct giving of their identifier and password, Service Provider will not assume any responsibility for the damages or disadvantages resulting from it.
Customer, by giving their e-mail address, approves that Service Provider may send message of technical nature to them.
If Customer has not yet turned sixteen, then with regard to Section (38) of preamble of GDPR they can exclusively order the Lapidaris system through their attorney.
Service Provider will automatically check the form completed by Customer and inform Customer about the technical mistakes or deficiencies found during the completion through an error message, and Customer shall perform correction in accordance with the instructions received.
Prior to sending the fully completed form, we ask Customer to declare by ticking the box created for this purpose that they have read and understood the General Contractual Terms (GCT), accept its provisions binding on themselves, with regard to that this action is essential for the fulfilment of a distance contract.
By ticking the box, Customer declares in addition that they have come to know the Data Protection Policy and approve performance of data processing activity of Service Provider as Controller in the way described in the policy.
When the order is sent, we will confirm the data of their order in an e-mail sent to the Customer of the Lapidaris system via the e-mail address given in the form, and send the link containing the GCT document effective at the time of declaration of acceptance of GCT.
If you do not receive such an email, it means that the system has not accepted your order. In this case please contact our client service using the contact information given among the operator’s data.
The orders are processed from 9.00 a.m. to 3.00 p.m. on working days. You can place an order beyond these times as well, but if it happens after expiry of working time then it will be processed on the next working day. Date of fulfilment of accepted order is 1-10 working days from the date of confirmation. In the case if the product is not on stock, the fulfilment of the order will take place in 4 weeks from placing the order.
When we perform processing of your order, we will send a confirmation “Order closed” to your e-mail address given.
The delivery of the product will be carried out only following it.
We will indicate acceptance of order and dispatch for delivery via e-mail to Customer. Each order is identified with an individual order number, which you can refer to during administration at the client service.
Content of package: 1 piece of Lapidaris Stone equipped with NFC chip in a unique box set and 1 piece of description of activation, 1 piece of Quality Certificate of Hollóháza, 1 piece of description of Lapidaris system including the instructions for the installation of the stone.
If the operator indicates a wrong price near the product in spite of acting with due care expectable from them, then the operator will not be bound to provide the product at the wrong price, but they shall offer the possibility of purchasing at real price to Customer in the order confirmation. Should Customer not wish to utilize this possibility, then Customer will be entitled to withdraw the contract unilaterally.
We will not charge any separate packaging cost.

Delivery and payment modes and conditions

Price of the Lapidaris system is HUF 60,000, which includes 27% VAT.
Price of the Lapidaris system includes the delivery cost in the territory of Hungary.
Mode of payment of the ordered product

Payment by bank transfer in advance: when we confirm your order, the pro form invoice received simultaneously will include our bank account number and order number you should refer to in the remark/notice column of the remittance order. We will hand over the product to the courier service when our account has been credited with the amount remitted.
Easy and safe payment is ensured by BARION Payment Zrt. which is subject to the supervision of the Hungarian National Bank. License number: H-EN-I-1064/2013. You can receive more information about the financial service by downloading the link. Barion has the PCI DSS certificate required by the credit card companies, so it is entitled to manage credit cards. The safety of the Barion servers was established in accordance with the regulation of the Hungarian National Bank.
Customer of Lapidaris system accepts that OLINFORM Kft will give Customer’s data to the BARION ZRT in order to confirm the financial settlement.
In case of payment with a credit card we direct you to the site of the financial service provider; data of your credit card and data of the financial transaction are not accessible for the Service Provider.
Payment by “cash on delivery”: The product is delivered by the courier service commissioned by us to the address given by you, where you should pay the price of the product or products in cash to the courier as per the invoice.

We will give information via e-mail about the details of the delivery, the dispatch for delivery and the data of the courier service performing the delivery.
Service Provider shall not assume any responsibility for the late delivery of the product by the courier service.
The final amount to be paid includes all costs in accordance with the total of the order and the confirmation letter.
You will receive the invoice at the time of payment, or in case of cash on delivery we will send electronic invoice to the e-mail address registered when placing the order in 14 days from receipt.
Please inspect the package at the time of delivery before the courier and in case of any possible injury or deficiency detected in the product ask to place it on record and do not take over the package. We cannot accept subsequent complaint without a record.

Delivery date

In case of Lapidaris Stone on stock, the product ordered will be delivered by the courier service in 1-10 working days from the receipt of the purchase price, or
in case of payment by “cash on delivery”, from the confirmation of the order to Customer to the delivery address selected by them.
In the case if the product is not on stock, the delivery date will be 4 weeks in accordance with the above.

Information on door-to-door delivery

The orders will be delivered by courier service from 8.00 a.m. to 6. p.m.
It is reasonable to give an address as delivery address where you can continuously receive the courier during the period indicated above and ensure payment of the price of the package.
In case of selecting the cash on delivery payment mode, order the Lapidaris system only if you can pay out the fee of the package to the courier at the time of its receipt. In case of a package not received and therefore returned, we will charge the Customer with the price of the product and the fee of the delivery and return; we can initiate its sending again only if the purchase price is paid in advance.
If you have any further question about the operation of the Lapidaris system, the ordering and delivering process, please do not hesitate to turn to us through the client service information given in the Contact menu.

Using the Lapidaris system

The Lapidaris Stone must be fixed on the gravestone in accordance with those included in the instructions for use. If possible, you should select a place for the stone which is the most suitable from the aspect of its physical access.
In addition, the package contains the access data of the data sheet created following the acceptance of the order, the description of uploading, modification, cancellation of content, as well as the data reachable from the menu point “My account” and the possibilities of editing.
It is possible for Customer to share the management of the data sheet of the deceased with other persons (hereinafter: administrators), by setting the e-mail address made available.
As regards the data and contents shared publicly by the users on the Website, the administrator(s) performing the editing of the data sheet of the deceased are responsible for respecting the ethical and legal norms when publishing the individual contents.
Service Provider also reserves the right to cancel any content inconsistent with the purposes, spirit of the website and/or violating a law provision in case of a request received via the e-mail address of the client service or detecting such incidents within the framework of its activity.
In other matters, Service Provider will not assume any responsibility for the contents shared in the date sheet of the deceased.

Right of withdrawal

In accordance with the regulation of the government decree no. 45/2014 on the distance contracts, this section can be applied exclusively for a customer of the Lapidaris system qualified as a consumer.
Following the ordering of the Lapidaris system prepared by name on the basis of an individual order, Customer is not allowed to withdraw; they shall pay its full purchase price.
The right of withdrawal does not affect Customer’s rights to terminate the contract regulated by the Hungarian Civil Code.

Guarantee

According to the government decree no. 151/2003 on the rules of obligatory guarantee for certain consumer durables, for the product marketed by Service Provider one year’s guarantee period is available for Customer of Lapidaris system from the date of delivery of product.
Customer of Lapidaris system will not be entitled to the right of guarantee if the fault occurred after the delivery of the product to them.
As regards the products not subject to the decree mentioned, the guarantee period provided by manufacturer is indicated next to the product. Service Provider can give exact information in case any issue arises concerning it.
In case of guarantee, Customer of Lapidaris system will be entitled to the replacement of the faulty product within the guarantee period.
Guarantee terms are valid only in case of complying with the conditions included in the instructions for use.
In case of the failure of the product, you can receive more information about the things to do at our client contact address and through our contact data.
When the package arrives in our office, we will record the opening of the package and the inspection of the returned product by a video camera. It is necessary for avoiding any possible misunderstanding (for example, the product returned was damaged or deficient).
Cost of returning the defective product to Service Provider will be borne by Customer. The device failed shall be sent directly to Service Provider’s address. Our reception point will not accept any package sent postage unpaid; it will be sent back to the sender in each case!
Service Provider will strive to perform the replacement in 1-10 days from the receipt of the claim for guarantee, while in case of lack of stock in 4 weeks at the latest.
Costs of the activity performed within the scope of guarantee will be borne by Service Provider.
In other matters, those included in Section 6, §171-173 of the Hungarian Civil Code (Ptk.) will be authoritative for the guarantee.

Warranty

According to Section 6, §159-167 of Ptk., in the case of the fault of the product supplied, enforcement of claim for implied warranties and conditions of merchantability lies against the Service Provider.

Handling of complaints

Service Provider shall take record of the complaint in the place indicated in the Service Provider’s data and keep the complaint and the answer given to it for five years from the date of its recording.
Service Provider will inspect the complaint arrived at the client service address in writing within 30 days from arrival and give substantial answer to it.
Service Provider will send refusal of complaint with reasoning.
Legal disputes arising from the contract made with Service Provider can be arranged primarily amicably among the parties or before the authority for consumer protection competent as per the Customer’s residence.
Should Service Provider refuse Customer’s consumer complaint, Customer may also turn to the Conciliation Board competent as per Customer’s residence or dwelling place: the condition of initiating the Conciliation Board procedure is that Customer should try to settle the dispute directly with Service Provider. The Conciliation Board indicated in Customer’s request will be competent to conduct the procedure.
Customer’s claim arising from a legal dispute can be enforced before the court in accordance with the provisions of the Act V of 2013 on the Hungarian Civil Code and Act CXXX of 2016 on the Rules of Civil Procedure.

Data Privacy

In order to arrange the delivery, we will transfer your data necessary for the delivery to the courier service, which will not perform any data processing activity in relation to your personal data beyond the data processing necessary for performing the delivery tasks.
We will transfer the invoicing data to the firm which has made a Contract for Data Processing with Service Provider and performs book-keeping service for the purpose of electronic processing of the invoices and meeting the legal accountancy obligations.
The orders will also be processed by our commercial agents in accordance with an agreement relating to it and contracts for data processing. You can see the list of our commercial agents here.
In addition, your data given through the website will be processed by LAPIDARIS client service colleagues, who perform correction of clerical errors made by salesmen in the basic data and give information to inquiries, relatives and support the use of the system as well as the so-called LAPIDARIS administrators who have full entitlement to the system. They are the operators of the system; they can assign further entitlements, and they have access both to the complete database and the statistical data.
By using the Lapidaris system, Customer of product and through the entitlements shared by them the further persons entitled will also become Controllers.
The editing, uploading with content of the data sheet of the deceased, placement of commemoration are not subject to GDPR, with regard to that it means use of personal data at home for private purposes.
In the Lapidaris system the Users managing the data sheet of the deceased have right to cancel with regard to the contents shared by the visitors of the website.
Although the scope of GDPR does not cover handling of data of deceased persons, by using the Lapidaris system the Customer managing the data sheet of the deceased will decide on the content of the page, the contents, remarks shared by the users. In this regard, Service Provider is qualified as Processor.
During the browsing of the website, pieces of technical information are recorded for statistical purposes. The Operator will transfer these data and the personal data provided by the User to the authorities only in a case properly reasoned legally and duly confirmed.
For using the Lapidaris system, it is necessary to enable cookies. If you do not wish to enable the use of cookies, you can block it in the settings of your browser. In case of disabling the cookies, certain elements of the service can be used only partially or cannot be used at all. Cookie is a file which is sent by the server to the browser of the user, and is stored by the computer of the user. There is no personal data stored in the cookie.
Service Provider will cancel from the system the data recorded in accordance with the rules concerning the termination of contract. For security reasons, the request for cancellation will be valid only if the user sends it via their registered e-mail address; thus it can be avoided that someone cancels another person from the registration data base intentionally or by mistake.
For more detailed information and the rights and possibilities in relation to data protection, please survey the Data Protection Policy of the Website, which customer of Lapidaris system will confirm when sending the order by ticking the box designed for it.

Commercial agent activity

The sale of Lapidaris system is performed also by enterprises, private entrepreneurs who entered into a commercial agent contract with Service Provider, the list of which can be seen here.
Service Provider has the exclusive right to determine the conditions of sale and the promotion and marketing activity connecting to it and the right of disposal of the rights concerning the product.
In the case of placing the order in a shop of an independent commercial agent, the above rules will be applied with the difference that the printed order recorded by the commercial agent must be signed by the Customer and make declaration through it that they accept the GCT and the Data Protection Policy.

Legal background

In matters not regulated in this General Contractual Terms the provisions of the Ptk (Act V of 2013) and the regulations listed below will be authoritative:

Your personal data are processed also by our official commercial agents. The Fundamental Law of Hungary – Commerce.
Act CXII of 2011 on Informational Self-Determination and Freedom of Information ("Privacy Act") (Infotv.)
Regulation (EU) 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 Directive 95/46/EC; (GDPR)
Act No. CVIII of 2001 on Certain Aspects of Electronic Commerce and Information Society Services (eKertv.)
Act C of 2003 on Electronic Communications (Eht.)
Act CXIX of 1995 on the Use of Name and Address Information Serving the Purposes of Research and Direct Marketing (Kknyt.)
Act XLVIII of 2008 on Essential Conditions of and Certain Limitations to Business Advertising Activity (Reklámtv.)

Should provisions of GCT be contrary to the relevant regulations, the relevant provisions of regulations shall be considered as authoritative.

MISCALLENOUS PROVISIONS

This GTC will become effective on 5th July 2018 and will be valid until withdrawal. Service Provider reserves the right to modify the GTC unilaterally, with the changes published on the day preceding its coming into effect on the website lapidaris.com, and the current effective GTC can be found at our independent commercial agents.

Date: Nyíregyháza, 5th July 2018