General Terms and Conditions
General Terms and Conditions
General terms and conditions of EuroMove Kft. with regard to MoveSmart services
The present General Terms and Conditions (GTC) shall apply to all contracts concluded by and between the Client and EuroMove Kft. (registered seat: 1116 Budapest, Barazda u. 40., hereinafter referred to as EuroMove or Service Provider) with regard to the services ordered on www.movesmart.hu website.
2. Conclusion and content of the contract
1. The contract between the parties shall enter into effect when the website of www.movesmart.hu, the present GTC and all data necessary for the single order has been properly defined and upon fulfilment of payment.
2. After having paid the service fee successfully the Client obtains a confirmation on the contractual details, the ordered services and products as well as the invoice on the website and via e-mail too.
3. Under the contract EuroMove shall be obliged to provide a moving crew consisting of maximum 2 persons and having proper professional knowledge and upon order one dedicated truck, in Hungary, at the time and in the number defined in the order, for the period of time defined by the Client. Client acknowledges that EuroMove will only provide a truck of maximum 3,5 tons, which can only be driven and handled by the crewmembers of EuroMove, furthermore the Client acknowledges that the services can provided between 8:00 a.m. and 8:00 p.m. with a minimum of 3 hours. Contractual services do not include packing materials unless Client specifically ordered such services by a special form and the additional costs have been settled. Any occurring costs regarding the provision of services such as parking fees, entry permit shall be borne by the Client.
4.Client is entitled within the given time frame to order crew members to fulfill moving tasks such as packing, loading, transportation, unloading, dis-, and reassembly of furniture (only applies for the transported household goods). Moving tasks does not include electric or water/pipeline handyman works, gardening, works relating to windows and doors or any machines or other works not closely connected to the moving of household goods.
5. EuroMove shall not bear any liability for insufficient or not properly given orders. EuroMove shall not bear any liability furthermore for inappropriate data (e.g. destination address), or any data or information given in the order especially if the period of time, the truck, number of the crew is not sufficient for the quantity or weight of the household goods, and EuroMove shall not bear any liability if the household goods handed over for moving services are not in the ownership of the Client.
6. The parties hereby declare that they are aware of the fact that the contract has been concluded in the absence of the parties, therefore the pertaining legal regulations are to be found on the www.movesmart.hu website of the Service Provider.
7. After having concluded the contract any notifications or other statements can exclusively be sent by e-mail to the Service Provider to email@example.com. The Service Provider provides call centre services on weekdays between 9 a.m. and 6 p.m. (CET), Client acknowledges that notifications and information provided via phone shall not become part of the contract between the parties.
8. The contract shall not be deemed as existing, if the data given by the Client are not sufficient for the provision of the services, thus the fulfilment of the contract is not possible, such case especially when the some data are missing or not appropriate as well as if the address does not exist at all.
9. After having concluded the contract till the 72nd hour before the starting time defined in the order Client can withdraw or modify the order by e-mail. In case of withdrawal till the 72nd hour before the starting time the Service Provider reimburses 100 % of the service fee to the bank account given in the e-mail. In this case HUF 3000 is deducted as administration fee. The Client is also entitled to withdraw or modify the order after conclusion of the contract till the 24th hour before the starting time given in the order by e-mail, however in this case The Service Provider will reimburse 50 % of the service fee to the bank account given in the e-mail. The withdrawal or the modification has to arrive to the Service Provider till the above given time. Any modification in the order is only accepted and fulfilled by EuroMove if crew and/ or truck and / or assets (e.g. packing material, lifting tools etc.) appropriate for the modified order (date, time, number of persons) are available. Confirmation on the acceptance of the withdrawal or the modification will be sent out in e-mail, and at the same time in case of withdrawal the repayment of the relevant service fee or in case of modification the payment of the modified service fee will be also arranged.
10. If it is revealed on the spot, in the course of the fulfilment that Client would access the ordered period of time e.g. due to the modified or not properly estimated quantity of the household goods, the works can only be continued upon exclusive decision of the crewmembers based on their availability. In this case any further service fee is payable on site in cash. Invoice thereof will be sent to the Client on the first working day thereafter via e-mail.
3. Obligations of the parties
1. EuroMove shall act professionally, with due care and according to the order of the Client in the course of fulfilment of the contract. Client shall be liable for any consequences deriving from inappropriate, unprofessional or late instructions.
2. EuroMove shall inform the Client about any circumstances, which may hinder the fulfilment of the contract or which may cause any modification thereof, if such is possible to be surveyed under the order.
3. EuroMove is entitled to employ a subcontractor or a subsidiary in performance, but EuroMove shall be liable for their performance as if EuroMove were acted personally.
4. In case the Client withdraws or modifies its order, and EuroMove have already made any acts to perform the order, any damages or costs deriving therefrom shall be reimbursed by the Client.
5. In case the contract is impossible to be performed by the Service Provider due to reasons for which neither of the parties bear liability, the contract shall be terminated and the fee for the already provided services have to be paid. The party having gained information on the impossibility of performance shall immediately notify the other party thereof. Any damages deriving therefrom shall be borne by the defaulting party. In case the contract is impossible to be performed due to reasons for which the Service Provider is liable, the Client is entitled to indemnification for the defaulted performance. In case the contract is impossible to be performed due to reasons for which the Client is responsible, the Service Provider is not obliged to perform its services and shall have the right to vindicate indemnification for the damages.
6. Only the legal regulations directly in connection with the moving services is known and followed by EuroMove. Compliance with any other regulations, requirements or rules is the responsibility of the Client.
7. In the course of the performance of the contract the household goods shall not be possessed or exclusively handled by the Service Provider, therefore the Service Provider shall not bear freight forwarder’s liability.
4. Dangerous items, specially handled items
1. Any household goods or materials, which may cause harm in other consignments, properties or persons; or which are perishable or need any special handling, are subject to the contract only upon prior written agreement with EuroMove. The nature of danger has to be declared to EuroMove and on the consignment.
2. Should the Client fail to give notification about the special nature of the household goods, EuroMove is entitled to take any act in order to prevent any danger or harm deriving from the special nature of the consignment, including demolition. The costs thereof have to be reimbursed by the Client to EuroMove.
1. EuroMove declares that liability insurance, appropriate for its activity, has been concluded.
2. The Client acknowledges that the insurance of EuroMove shall not cover the household goods as properties.
1. For the fulfilment of the contract the Client shall pay the service fee in advance, via www.movesmart.hu as part of the order and through any of the determined payment methods.
2. The service fee has to arrive to the bank account of the Service Provider till the 72nd hour before the starting time of the performance.
3. The service fee is payable in Hungarian forints if parties have not agreed otherwise.
4. EuroMove shall send an invoice issued in compliance with the law on accountancy exclusively in electronic format to the Client.
5. Late payment interest shall be paid after any amount not paid in due time, rate of the late payment interest is defined by Paragraphs 301.§ or 301/A.§ of the Civil Code.
6. Any other payment for costs (packing material, parking fee, indemnification etc.) occurring in the course of or deriving from the performance of the contract shall be paid in 15 days after the issuance of the invoice sent by EuroMove. EuroMove shall notify the Client about the due amount via e-mail and at the same time the invoice is sent as well. The Client shall pay the amount to EuroMove till the defined date by bank transfer.
7. Pertaining law, jurisdiction
1. In any matters deriving from the present contract the Hungarian law is applicable.
2. In case of dispute the parties agree to cooperate with each other peacefully. Should they fail to put an end to the dispute, any possible litigation raised regarding the present contract shall be submitted to the exclusive competence of the Buda Central District Court or the Metropolitan Court.
EuroMove shall be entitled to agree otherwise than the regulations defined in the present General Terms and Conditions by a single agreement or in individual contracts.