Terms & Conditions

GENERAL TERMS AND CONDITIONS

1. General provisions

1.1. These General Terms and Conditions (hereinafter: “T&Cs”) govern the conditions of sale and purchase agreements and of auctions concluded concerning the pigeons appearing on the http://www.pigeonperformance.com website (hereinafter: “Website”) (hereinafter: “Pigeon” and “Pigeons”) between

OPTIMA 2747 Ltd.
company registration number: 13-09-099162
registered seat: 2747 Törtel, Jászkarajenői utca 41., Hungary
branch office: 2700 Cegléd, Pesti út 81/A., Hungary
tax number: 13286813-2-13
EU tax number: HU 13286813

IBAN code: HU03 1070 1018 4700 2007 5000 0005
SWIFT No.: CIBHHUHBXXX
bank account No.: 10701018-47002007-50000005 (CIB Bank)

represented by: Norbert Tűri, managing director
e-mail address: office@pigeonperformance.com
telephone number: 0036304431779 (hereinafter: “OPTIMA 2747”)

and

the customers (hereinafter: “Customer” and “Customers”)

(OPTIMA 2747 and Customer hereinafter together as: “Parties”).

These T&Cs apply both in the cases of sale and purchase agreements and auctions unless it is otherwise indicated herein.

1.2. OPTIMA 2747 concludes sale and purchase agreements with the Customer either as the owner and the seller of the Pigeons or as a commission agent where OPTIMA 2747 is not the owner of the Pigeons. As a commission agent OPTIMA 2747 concludes sale and purchase agreements and organizing auctions in its own name but on behalf of the Pigeons’ owner. In this case, the owner of the Pigeons is referred in these T&Cs as the supplier (hereinafter: “Supplier” and “Suppliers”).

1.3. The Customer may be any natural or legal person.

A Customer who is a natural person acting outside of his/her trade, business or professional activities shall be considered a consumer pursuant to Government Decree No. 45/2014. (II. 20.) on the detailed provisions of contracts concluded between consumers and companies (hereinafter: “Government Decree”) (hereinafter: “Consumer” and “Consumers”). The provisions specific to the Consumers are indicated in these T&Cs.

2. Registration on the Website

2.1. The users of the Website (hereinafter: “User” and “Users”) may register on the Website.

2.2. During registration, the Users shall provide the following data about themselves, depending on whether they are natural persons or legal persons:

(i) in case the User is a natural person: full name, e-mail address, telephone number, postal address; (ii) in case the User is a legal person: name, e-mail address, telephone number, postal address, company registration number, national or EU tax number.

2.3. By registering, the Users guarantee that the data provided by them are correct, up-to-date and true.

2.4. During the registration, the User shall choose a username and a password. The User undertakes to promptly update his/her/its data in case of any changes and to diligently maintain his/her/its username and password.

2.5. OPTIMA 2747 displays a direct link to these T&Cs on the registration page and adds a checkbox. By ticking out this checkbox, the User confirms that he/she/it has read and accepts these T&Cs. The acceptance of the T&Cs is the pre-condition of the registration.

2.6. The registration does not impose any obligation on the User to purchase Pigeons.

2.7. Only registered Users may participate in auctions. However, the registration is not a pre-condition of purchasing Pigeons through sale and purchase agreements (at a fixed price).

3. The method of offering the Pigeons

OPTIMA 2747 offers the Pigeons (i) at a fixed price or (ii) through auction.

4. Sale and purchase agreement at a fixed price

4.1. Invitation to treat

The publication of the Pigeons on the Website does not constitute a legally binding offer. The description of a Pigeon shall be deemed as an invitation to treat.

4.2. Placing an order

4.2.1. The Customer may order any Pigeons not indicated on the Website as “Sold” (see: Section 4.3.4). The order may include one or more Pigeons.

4.2.2. The Customer shall add the Pigeons that he/she/it wishes to purchase to her/his/its shopping cart by clicking on the “Add to Cart” button.

4.2.3. After all the Pigeons the Customer wishes to purchase are added to his/her/its shopping cart, the Customer places his/her/its order by (i) accepting these T&Cs and (ii) by the clicking on the “Order” button.

OPTIMA 2747 displays a direct link to these T&Cs and adds a checkbox. By ticking out this checkbox, the Customer confirms that he/she/it has read and accepts these T&Cs.

4.2.4. The Customer may order (i) as a registered User or (ii) without registration.

Should the Customer be a registered User, the Customer does not need to provide the data he/she/it provided during the registration.

If the Customer has not yet registered on the Website, the Customer shall provide the data about himself/herself/itself as indicated in Section 2.2., but providing his/her/its data during the order does not equal registration, upon a new order, the Customer shall provide these data once again. The Customers guarantee that the data provided by them upon ordering are correct, up-to-date and true.

4.2.5. By placing an order, the Customer irrevocably declares that the order includes the Pigeons the Customer wishes to purchase and thus places a legally binding offer for the Pigeons contained in her/his/its shopping cart.

4.3. Confirmation of the order

4.3.1. Within 1 working day after receiving the Customer’s order, OPTIMA 2747 confirms the order by sending an automated e-mail to the Customer, including the following information:

(i) the billing data of the Customer

-  if the Customer is a natural person: full name, postal address,

-  if the Customer is a legal person: name, postal address, company registration number, national (if the Customer is Hungarian or non-EU resident) or EU tax number (if the Customer is EU-resident outside of Hungary),

(ii) the ordered Pigeons, and (iii) the prepayment invoice regarding the purchase (see: Section 4.4).

OPTIMA 2747 does not take any responsibility for any malfunction occurring in connection with the automated e-mail system.

4.3.2. Should there be any doubt or concern arising in connection with the order, OPTIMA 2747 reserves the right to contact the Customer via e-mail or telephone in order to confirm that the order is correct.

4.3.3. The sale and purchase agreement is concluded between the Parties through the confirmation of the order.

4.3.4. By the confirmation of the order, OPTIMA 2747 undertakes to indicate the ordered Pigeons on the Website as “Sold”.

4.4. Invoicing, payment, delay in payment

4.4.1. The payment deadline is 14 days from the confirmation of the order [see: Section 4.3.1].

4.4.2. The Customer shall pay the total amount of the purchase price indicated in the prepayment invoice in a single installment.

4.4.3. The Customer may choose to pay the purchase price of the ordered Pigeons (i) through bank transfer or (ii) by cash.

4.4.4. The payment is considered completed when (i) the full purchase price is credited to OPTIMA 2747’s bank account or (ii) received in cash by OPTIMA 2747.

4.4.5. Should the Customer not pay the purchase price within the deadline specified in Section 4.4.1, OPTIMA 2747 may charge interests at an interest rate stipulated in Section 6:48 (if the Customer is not a business) or Section 6:155 (if the Customer is a business) of Act V of 2013 on the Civil Code (hereinafter: “Civil Code”).

4.4.6. In the event of any delay in payment, in addition to the consequences described in Section 4.4.5, OPTIMA 2747 may send a payment notification to the Customer via e-mail or post, providing a new payment deadline for the Customer to pay the purchase price and the interests.

4.4.7. Should the deadline provided in the payment notification pass without payment, OPTIMA 2747 may withdraw from the sale and purchase agreement (see: Section 8.1). In this case OPTIMA 2747 may remove the “Sold” sign from the Website concerning the Pigeon and sell the Pigeon to someone else.

In the event of OPTIMA 2747’s withdrawal, the Customer shall refund any and all costs or damages caused through the breach.

4.4.8. In the event described in Section 4.4.7, OPTIMA 2747 reserves the right to disable the Customer’s registration on the Website or reject any further orders made by the Customer. Upon the Customer’s request, OPTIMA 2747 may restore the Customer’s registration and allow the Customer to place new orders on the Website.

4.5. Delivery

4.5.1. The total payment of the purchase price is the precondition of delivery.

4.5.2. The date of delivery shall be within 14 days after the payment of the purchase price. The Parties shall agree in writing on the exact date and time of delivery within these 14 days. Should the Parties not agree on the date of delivery, the date of delivery shall be the 14th day (if it is a working day, if not, the previous working day) after the payment of the purchase price.

4.5.3. If the Customer causes any delay in the delivery, OPTIMA 2747 may send a notification to the Customer via e-mail or post, providing a new delivery deadline for the Customer. Should the deadline provided in the notification pass without the delivery, OPTIMA 2747 may withdraw from the sale and purchase agreement (see: Section 8.1). In this case OPTIMA 2747 may remove the “Sold” sign from the Website concerning the Pigeon and sell the Pigeon to someone else.

The Customer shall refund any and all costs or damages caused through his/her/its delay.

4.5.4. OPTIMA 2747 does not undertake the transportation of the Pigeons. The Customer may (i) receive the Pigeons at the OPTIMA 2747’s branch office or (ii) organize the transportation of the Pigeons for himself/herself/itself.

4.5.5. Should the Customer choose to receive the Pigeons at the OPTIMA 2747’s branch office, the Customer may receive the Pigeons in person or through an authorized person. The Customer or the authorized person shall duly prove his/her right to receive the Pigeons.

The Parties shall jointly check, immediately prior to the delivery, the condition of the Pigeons. The Parties shall record the details of the transfer of possession concerning the Pigeons. OPTIMA 2747 shall hand over the invoice about the payment of the purchase price to the Customer upon delivery. 4.5.6. Should the Customer choose to organize the transportation of the Pigeons, the Customer shall bear any expenses and costs arising in connection with the transportation.

OPTIMA2747 shall hand over the record including the details of the transfer of possession as well as the invoice about the payment of the purchase price to the carrier. OPTIMA 2747 excludes any liability for the acts or omissions of the carrier, as well as for any damages occurring after OPTIMA 2747 handed over the Pigeons to the carrier.

4.5.7. From the date of handing over the Pigeons to the Customer or the carrier, the Customer shall bear any damages caused to the Pigeons, any expenses and costs arising in connection with them. Further, from this date, the Customer shall be entitled to any benefits of the Pigeons.

5. Auction

5.1. General provisions

5.1.1. OPTIMA 2747 organizes auctions under the conditions specified in these T&Cs.

The term ”auction” used herein shall not be confused with official auctions (organized by authorities), nor public sales (sales with the personal appearances required of the parties, as defined in Section 4 Point 6 of the Government Decree). The term “auction” is used herein as an equivalent of competitive selective process based on price, and complies with Section 6:74-76 of the Civil Code.

5.1.2. Multiple auctions may run at the same time, but not concerning the same Pigeons. The Customers may participate in more than one auction at a time.

An auction is identifiable by its own name and its duration (starting and ending time).

5.1.3. Unless otherwise specified in this Section 5, the provisions of Section 4.4 and 4.5 are respectively applicable regarding auctions organized pursuant to this Section 5.

5.2. Invitation to treat

5.2.1. OPTIMA 2747 announces the auctions and publishes the information concerning them on the Website 48 hours prior to the start of auctions in question.

In the announcement, OPTIMA 27 47 publishes the following information:
- the description of the Pigeon(s) involved in the auction,
- the starting and ending time of the auction (with a reference to the time-zone in which it shall be interpreted),
- the timeframe before the end of the auction within which if a bid is submitted, the duration of the auction concerning the Pigeon the bid was submitted for shall be extended, as well as
- the starting bid(s) on the Pigeon(s).

5.2.2. The announcement of the auction does not constitute a legally binding offer. Such announcement shall be deemed as an invitation to treat.

5.3. Bidding

5.3.1. During the auction, in addition to the information displayed at the publication of the auction (see: Section 5.2.1), the currently highest bid (current bid) is also displayed on the Website concerning each Pigeon involved in the auction. If the Customer is logged in, he/she/it may see also his/her/its last bid(s).

5.3.2. The Customer may submit a bid by clicking on the “Bid” button. The Customer acknowledges that each bid is irrevocable and that he/she/it may not amend or correct it after submitting it, even if submitted in error.

By submitting a bid, the Customer places a legally binding offer for the Pigeon. The offer becomes ineffective if a bid higher than the Customer’s bid is submitted.

The Customer undertakes full liability for all bids submitted by him/her/it, including but not limited to his/her/its ability to pay the bid at the end of the auction.

5.3.3. The Customer may only submit a bid higher than the current bid.

The Customer’s bid shall be higher than the current bid by at least the increments included in the below chart.

Price (from) – in € (EUR)

 Price (to) – in € (EUR)

Minimum overbid – in € (EUR)

0
500
25
501
1,000
50
1,001
3000
100

3,001


500

For example, if the current bid is EUR 700, the Customer may only submit a bid of EUR 750 or higher.

5.3.4. There is an automatic bidding function available on the Website. The Customer may set that this function automatically submit a bid on his/her/its behalf as soon as another Customer submits a bid on the selected Pigeon. The automatic bid shall be higher than the current bid by the increment specified in Section 5.3.3.

By setting this function, the Customer adds also the highest price he/she/it is willing to pay for the selected Pigeon, thus the highest possible bid the automatic bidding function may submit.

The Customer may uninstall the automatic bidding function at any time during the auction.

Should two or more Customers’ automatic bids concur with each other, the Customer with the highest possible bid will have the new current bid. This new current bid will be higher by the increment specified in Section 5.3.3 than the second highest possible bid set by the concurring Customer.

For example, if the current bid is EUR 1,800, and Customer1 sets his/her/its highest possible bid at EUR 2,600 and Customer2 at EUR 3,000, the new current bid will be EUR 2,700.

Should two or more Customers’ automatic bids concur with each other and should they set their highest possible bid identically, the Customer who has set his/her/its highest possible bid first will have the new current bid.

5.3.5. The Customer may request that the Website send an automatic e-mail notification to him/her/it if another Customer submits a higher bid (“You have been overbidden!”). Such notification can be requested under the Account/My Auctions page by clicking on the option “I would like to get e-mails when I’ve been overbidden”.

The Customer may uninstall the automatic e-mail notification at any time.

5.3.6. Should a bid be submitted before the end of the auction and within a timeframe determined by OPTIMA 2747, the duration of the auction concerning the Pigeon the bid was submitted for shall be extended by 10 minutes. Should a bid be submitted during this extension period, the duration of the auction concerning the Pigeon the bid was submitted for shall be extended once again by 10 minutes from the time the bid was submitted.

5.3.7. At the end of the auction, OPTIMA 2747 publishes the auction’s results on the Website.

5.4. Confirmation of the auction’s results

5.4.1. Within 1 working day after the publication of the auction’s results, OPTIMA 2747 shall send an automated e-mail to the Customer whose bid was the highest one at the end of the auction, including the following information:

(i) the billing data of the Customer
- if the Customer is a natural person: full name, postal address,
- if the Customer is a legal person: name, postal address, company registration number, national (if the Customer is Hungarian or non-EU resident) or EU tax number (if the Customer is EU-resident outside of Hungary),
(ii) the Pigeon for which the bid was submitted, and
(iii) the prepayment invoice concerning the Pigeon.

OPTIMA 2747 does not take any responsibility for any malfunction occurring in connection with the automated e-mail system.

5.4.2. The contract concerning the Pigeon with the conditions specified in these T&Cs is concluded at the current bidding price (the highest bid at the end of the auction concerning the Pigeons) between OPTIMA 2747 and the Customer who submitted the current bid through the confirmation of the order.

5.5. Payment

The payment deadline is 14 days from the confirmation of the auction’s results included in Section 5.4.1.

6. Complaints and inquiries

6.1. Should the Customers have any complaints or inquiries in connection with these T&Cs or anything included herein, or with their order, the Customer may contact OPTIMA 2747.

6.2. OPTIMA 2747 undertakes to reply to the Customer’s complaint or inquiry within reasonable time but not later than 14 working days after the receipt of the complaint or question.

7. Liability of the Parties

7.1. Limitation of liability

7.1.1. General provisions on the limitation of liability

OPTIMA 2747 does not undertake any liability for the actions of third parties who are involved in the sale and purchase agreement or in the auction, e.g. the Suppliers or any representative or partner of the Suppliers, the banks involved in the payment, third party carriers.

The Parties do not undertake any liability for non-performance of its obligation unless such non-performance results in loss of life, or harm to physical integrity or health.

The Parties shall not be held liable for any delay or other breach of contract if the delay or breach derives from fortuitous events or causes of force majeure not attributable to them.

7.1.2. Specific provisions on the limitation of liability

7.1.2.1. The condition of the Pigeons

If OPTIMA 2747 is the owner of the Pigeons, it shall examine and measure the Pigeons before displaying them on the Website. Should OPTIMA 2747 act as a commission agent, it undertakes to examine and measure the Pigeons upon their receipt from the Suppliers.

OPTIMA 2747 undertakes to indicate the Pigeons on the Website in compliance with the examinations and measurements, and to deliver the Pigeons in compliance with the qualities laid down in the description on the Website.

OPTIMA 2747 excludes any liability for the possible health issues, possible infertility or reduced fertility of the Pigeons occurring before it receives the Pigeons as an owner or a commission agent.

The Customer shall be held liable for any possible health issues, possible infertility or reduced fertility of the Pigeons occurring after the delivery of the Pigeons.

7.1.2.2. Documentation concerning the Pigeons

OPTIMA 2747 undertakes to deliver the Pigeons with their pedigree certificate and/or family tree as well as their ring card and/or leg ring to the Customer.

Should OPTIMA 2747 act as a commission agent, OPTIMA 2747 undertakes to deliver the above documentation only to the extent that the documentation is provided by the Supplier.

OPTIMA 2747 does not undertake any responsibility for the validity, correctness, up-to-date and truthful nature of the Pigeons’ documentation provided by the Supplier or the former owner of the Pigeons.

7.1.1.3. The correctness of the Customer’s order

OPTIMA 2747 does not undertake any liability for the correctness of the Customer’s order, in particular of the billing details of the Customer and the ordered items.

The Customers shall guarantee that the data provided by them upon ordering, in particular their billing details and the ordered items, are correct, up-to-date and true.

7.2. Guarantee

OPTIMA 2747 does not undertake any guarantee concerning the Pigeons.

7.3. Warranty

7.3.1. If OPTIMA 2747’s performance is defective, the Customer has the right of warranty. The Customer shall prove that OPTIMA 2747’s performance is defective.

7.3.2. OPTIMA 2747‘s performance shall be deemed defective, if the quality of the Pigeons at the time of the delivery is not in compliance with the qualities laid down in the description of the Pigeons on the Website.

OPTIMA 2747 does not perform defectively if, at the time of the conclusion of the sale and purchase agreement or the auction, the Customer was aware, or should have been aware of the defect.

7.3.3. After the discovery of the defect, the Customer shall notify OPTIMA 2747 about it without delay.

7.3.4. The Customer’s right of warranty shall lapse after one year from the date of delivery.

The Consumer’s right of warranty shall lapse after two years from the date of delivery.

7.3.5. In the event of OPTIMA 2747’s defective performance, the Customer may request a commensurate reduction in the purchase price based on the decrease in the value of the Pigeons caused by the defect. The onus of proof is on the Customer in connection with the decrease in the value of the Pigeons and the reduction in the purchase price.

In his/her/its request for reduction in the purchase price, the Customer shall provide all necessary information required for the refund of the appropriate amount of the purchase price (e.g. the Customer’s bank account number).

OPTIMA 2747 shall refund the appropriate amount of the purchase price to the Customer within 30 days from receiving the Customer’s request.

7.3.6. Should the Customer not choose to request a reduction of the purchase price, in the event of defective performance, the Customer has the right of withdrawal from the sale and purchase agreement (see: Section 8.1).

7.3.7. The Customer may exercise his/her/its right of warranty in written form (via registered mail with return receipt requested or via e-mail).

8. Right of withdrawal

8.1. Breach of contract

8.1.1. Should any Party commit a breach of contract, the other Party has the right of withdrawal from the concluded sale and purchase agreement.

8.1.2. The Party shall refund any and all costs or damages caused through his/her/its breach to the other Party.

8.1.3. The Parties exercise his/her/its right of withdrawal in written form (via registered mail with return receipt requested or via e-mail).

8.2. The Consumer’s right of withdrawal

8.2.1. The Consumer may exercise his/her right of withdrawal within 14 days from the receipt of the Pigeons ordered by him/her without specifying the reason for this. The right of withdrawal shall be considered validly exercised if the Consumer sends his/her request for withdrawal within the deadline of 14 days even if the request does not arrive within this deadline. The Consumer shall bear the burden of proof concerning the date of sending his/her request for withdrawal.

8.2.2. If the Customer withdraws from the sale and purchase agreement, he/she/it shall return the Pigeons to OPTIMA 2747immediately, but at the latest within 14 days from the communication of the withdrawal. The return is completed within the deadline if the Customer sends the Pigeons before the end of the deadline. The Customer shall only bear the direct cost of the return of the Pigeons unless OPTIMA 2747undertakes to bear this cost. The Customer is liable only for the reduction in value that is due to the use exceeding the use necessary for assessing the nature, characteristics and functionality of the Pigeons.

8.2.3. The Consumer may exercise his/her right of withdrawal in written form (via registered mail with return receipt requested or via e-mail).

9. Communication between the Parties

If not otherwise indicated, the Parties shall communicate with each other in written form (via registered mail with return receipt requested or via e-mail).

10. Data processing

11. Miscellaneous provisions

11.1. OPTIMA 2747 may modify these T&Cs without notice. The modifications shall apply in those sale and purchase agreements where the order is placed after the publication of the modifications and in auctions that are announced after the publication of the modifications.

These T&Cs are valid and effective from this day until revocation or amendment.

11.2. These T&Cs are prepared in Hungarian and English. In the event of any discrepancy between the Hungarian and the English language version, the English language version shall prevail.

11.3. The provisions contained in these T&Cs, as well as any dispute arising in connection with them, shall be regulated and interpreted in accordance with Hungarian Law.

11.4. The Parties stipulate the authority and jurisdiction of the Hungarian courts in respect of any eventual disputes arising in connection with these T&Cs.

11.5. The Parties shall cooperate in order to prevent disputes in connection with the sale and purchase agreement concluded between them or the auction, or otherwise in connection with these T&Cs and shall use their best endeavours to resolve any eventual disputes through amicable means, including submitting themselves to the procedure of the competent consumer protection arbitration board if the Customer is considered a Consumer. The competent arbitration board – based on the registered seat of OPTIMA 2747 – is the Arbitration Board of Pest County (address: 1119 Budapest, Etele út 59-61. II. em. 240., Hungary; e-mail: pmbekelteto@pmkik.hu, telephone: +36-1/269-0703).

11.6. Should one or more clauses of these T&Cs be rendered partially or completely null and void, this shall not imply the nullification of the other clauses, which shall be considered fully valid between the Parties.

11.7. In respect of any issues not regulated herein, the current laws in effect shall be applicable, in particular the provisions of the Civil Codeand the Government Decree.

Last updated on 14th November 2018