Terms & Conditions

Ordering

An order is not binding on Position Collective before full payment for the Products ordered has been duly received, unless otherwise is explicitly agreed on with the customer.

Prices

The prices of the Products are stated in the Web Shop, or otherwise separately agreed on with the customer.

The prices stated in the Web Shop are subject to change and may be changed without advance notice.

Any applicable shipping costs will be added to the stated prices of the Products and will be stated separately in the ordering form in the Web Shop before completing the order, or otherwise separately agreed on with the customer.

Applicable VAT (if any) may be added in the ordering form in the Web Shop before completing the order. The customer is responsible for paying any and all applicable VAT in addition to VAT charged by Position Collective. The customer is further responsible for paying any and all other applicable taxes, fees and customs for the Products and the delivery thereof.

Copyrights & Intellectual Property Rights

Copyright and use of rights

The content provided by the design company Position Collective is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.

Intellectual Property rights

A purchase of Products does not constitute a transfer of ownership or license to use in any intellectual property rights related or pertaining to the Products, including copyright and pattern rights, to the customer.

General information

Company

Position Design Ltd., reg. n. 22988142-2-03 (Position Collective) is a Hungary based company with Office address Rona u.32 Kecskemét 6000. e-mail: info at position-collective.com Position Collective markets and sells furniture and other interior items (the Products) on Position Collective’s Web site www.position-collective.com (together the Web Shop), and from the offices of Position.These terms and conditions apply for the marketing and sale of the Products. These terms and conditions are subject to more favorable terms and conditions that may follow from mandatory law.These terms and conditions shall take precedence over your (or your entity’s) additional or different terms and conditions, to which notice of objection is hereby given, unless we specifically agree to them in writing.

Force Majeure

Force majeure events such as breakdowns, strikes or other disruptive influences beyond Position Collective’s control, or that of Position Collective’s suppliers, release Position Collective from its delivery commitments and any other obligations in relation to the customer for the duration of the disruptive influence and of the consequences thereof.

Miscellaneous

All costs for contacts with Position Collective for the purpose of ordering Products or otherwise, whether through Position Collective’s Web Shop, by telephone, by e-mail, by regular mail or otherwise, shall be borne by the customer.

The customer visits and uses the Web Shop on its own risk. Position Collective shall have no liability whatsoever for any damage caused to the customer’s computer hardware, software or other equipment due to viruses, worms or similar contracted from the Web Site.

Governing law

Hungarian law shall, without regard to its conflict of laws principles, exclusively apply to these terms and conditions and to all purchases of Products. Any dispute arising out of or in connection with these terms and conditions shall be settled in a Hungarian court of general jurisdiction.

Privacy policy

This Privacy Policy describes how your personal information is collected, used, stored and shared (“processed”) when you visit or make a purchase from www.position-collective.com (the “Site”).

Data controller: ‘we’

Position Design Ltd.

6000 Keckemet, Rona u. 32

Reg. n. 22988142-2-03

Personal information we process

When you visit, and browse the Site, we automatically collect data about:

  • Your device, your web browser, IP address, time zone, and some of the cookies that are installed on your device.
  • Additionally, we collect data about the individual web pages or products that you view, what websites or search terms referred you to the Site, and data about how you interact with the Site.
  • We refer to this automatically-collected information as “Device Data”, and we collect it using the following technologies:
  • “Cookies”, which are data files that are stored by your internet browser or your computer, and which often include an anonymous unique identifier. The webpages you browse are then able to recognize some information contained in the cookies stored by your browser. While some cookies are necessary to ensure proper communication with the website (for example to store items in your shopping cart), some cookies may also contain anonymous analytical information about your browsing to display content relevant for you, and may be stored for a longer period of time. For more information about cookies, and how to disable them, visit http://www.allaboutcookies.org.
  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

In addition to Device Data, when you make a purchase or attempt to make a purchase through the Site, we need to collect certain information from you, including:

  •  Your name, billing address, shipping address, payment information (including credit card numbers and bank details), email address, and a phone number. We are unable to fulfill your order, and you cannot enter into a purchasing agreement with us without providing us with this information. We refer to this information as “Order Data”.
  • When we talk about “Personal Data” in this Privacy Policy, we are talking both about Device Data and Order Data.
  • Finally, we process information regarding your subscription to our services, information you provided to us by completing online forms on the Site, or information you submit to us regarding claims.

How do we process your personal informations

By default, we only process the minimal amount of personal data necessary to operate our business properly. We do not collect any sensitive personal data such as data regarding racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership.

Your personal data may be processed either:

  • By you giving us consent with the processing of your data, or
  • To enable a performance of a contract between us and you, or
  • Where the processing is necessary for our legitimate business interests (such as for example the development of our business, providing information about our business to potential customers, identifying fraudulent claims, or the improvement of the customer experience on the Site).

For what purpose de we process your personal data?

We use the non-directly identifiable Device Data to screen for potential risk and fraud (particularly your IP address), and more generally to improve and optimize our Site (for example, by analyzing how our customers browse and interact with the Site, or to assess the success of our marketing and advertising campaigns). Additionally, we use the Device Data that we collect for advertising and retargeting, in order to optimize the user experience on the Site.

We use the Order Data that we collect generally to fulfill any orders placed through the Site (including processing your payment data, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Data to:

  • Communicate with you;
  • Screen our orders for potential risk or fraud; and
  • When in line with the preferences you have shared with us, provide you with data or advertising relating to our products or services.

Sharing your personal information

We share your Personal Data with third parties to make sure that we can sell our products properly, and that shopping is a comfortable experience for you.

In order to process payments, we need to share some of your personal data with our payment solutions providers.

Furthermore, we share your personal data with our logistics and warehouse operators to ensure proper delivery of the products ordered.
Finally, we may also share your Personal Data to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for data we receive, or to otherwise protect our rights.

Cookies

After you give us consent to store cookies on your device, this information will be stored for when you browse the Site next time.
You can withdraw this consent at any time by deleting cookies for each of the browsers, that you use (such as Google Chrome, Mozilla Firefox, Safari, Internet Explorer or Microsoft Edge).

Your rights

If you are a European resident, you additionally have the following rights:

  • The right to access the personal data we hold about you
  • The right to receive your data in a portable and structured format. Please note, that we may apply a reasonable fee for any copies of your data after the first one that we provide you with.
  • The right to have your data kept accurate and have it corrected on request
  • The right to have your data erased, in cases where it is no longer necessary for the purpose for which we collected it, or if you believe we have collected it unlawfully. You might also have your data erased in cases when you gave your consent for its processing, and you withdraw such consent, or if you use your right to object (see further). Please note, that in some situations we might not be able to erase your data because of legal regulations which require us to keep copies of it. We will notify you about such rules at the time of your request.
  • The right to have processing restricted (apart from storage), in cases where for example you request a correction of the data
  • The right to object to processing, if it is carried out based on our legitimate interest (for example in cases of direct marketing)
  •  The right to withdraw consent at any time, when the processing is based on you giving us consent to process your personal data
  •  The right to lodge a complaint with the relevant supervisory authority. However, we would appreciate if you contacted us beforehand to see if we can help you resolve your concerns as well.
  • In cases where we don’t have the data directly from you, the right to know where the personal data has been collected from

We will communicate any requests to correct or erase personal data to each of the third parties we have shared it with, and you have the right to be informed about these third parties, should you request it.

You may exercise all the above-mentioned rights by writing to us on the contact information written below, and we will do our best to reply to you without any unnecessary delay, however at the latest within one month from such request.

Automated decision making

In general, we do not carry out automated decision making, including profiling, that produces legal effects with regards to you. We do, however need to automatically modify some aspects of our offers (such as the VAT, for example) based on your location, in order to comply with laws in different countries.

Data retention

We will maintain your Order Information only for as long as it is necessary to comply with legal obligations in the respective countries. We will maintain other types of data unless or until you ask us to delete it.

Changes

We may update our privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Contact us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, or unsubscribe from any of our services please contact us by e-mail at or by mail using the details provided below:

POSIITON Collective – 1088 Budapest, Békési utca 3/6/3. – HUNGARY

Support

Delivery & Delivery Time

The delivery times for the Products are stated in the Web Shop, or otherwise separately agreed on with the customer. Position Collective has the right to cancel orders made due to that that the Product, or parts of the Product, is no longer possible to source from Position Collective’s sub-suppliers and cannot be sourced by reasonable efforts and/or at reasonable prices from other sub-suppliers. Position Collective will in case of a cancellation return all payments for the Product to the customer as soon as practically possible, and in no case later than 30 days from the date of the cancellation. All Products are shipped with a well-reputed carrier of Position Collective’s choice to the address stated by the customer (or to a pick-up point connected to the stated address and which is used by the carrier). Position Collective has no obligation to assure that the stated address is valid. The shipping cost, including any taxes and fees, shall be borne by the customer. Any and all costs levied upon Position Collective due to incorrect address or failure to accept delivery will be charged to the customer. Products returned to Position Collective due to failure to accept delivery will not be re-shipped and Position Collective will have no obligation to refund the purchase price, and other charged costs, to the customer. This shall however not apply in the event the customer requests re-delivery within 14 days from the date of failure to accept delivery and pays the costs for the re-shipping. Delivery is excluding installation. Transfer of ownership of purchased Products occurs (i) when the Product is delivered, and (ii) full payment of the purchase price has been received. The customer will not be entitled to dispose of the Product before transfer of ownership has occurred. Position Collective has the right to re-take delivered Products not paid for. In the event of obvious damages to product packaging at delivery, the customer needs to open the package together with the courier to make sure that the product is intact. In case of damages are identified, the product delivery should be rejected and the customer must immediately contact Position at sales  at  position-collective.com and claim the “Damaged on Arrival” to be entitled a replacement product.

Returns

The consumer has the right to cancel an order and return a purchased Product by giving or sending a notice to Position Collective (to any of the addresses stated in the introductory part) within 14 days from the receipt of the Product. The consumer may only use the right to cancel an order and return the Product if the Product is in materially unaltered shape, or if it has not been uniquely designed for the consumer.

In case the consumer decides to cancel an order and return the Product, the consumer shall arrange for the return shipping of already shipped Product(s) to a physical address in Hungary.

The customer is obligated to pay for the shipping costs.

Position Collective will return all payments made for cancelled orders and returned Product(s), minus 25% of the value (to cover handling and administrative costs), as soon as possible following the consumer’s exercise of the right to cancel an order and return the Product.

Products

Position Collective does not guarantee that the true colors, shapes and other features of the Products are accurately reflected in the Web Shop or in presentation/advertising material, due to the customer’s computer or monitor settings, or due to deficiencies in the depiction or the description of the Products.

Defects due to normal wear and tear, the use of the Products for other purposes than the intended, or otherwise due to appropriate handling or use may never be regarded as defects for which Position Collective are responsible.

Position Collective warrants that the Products are free from defects for one (1) years from date of delivery.

Warranty

Coverage 

If you have any questions, please contact info  @  position-collective.com

The Warranty covers, and is valid only for, flaws and defects in the manufacturing or workmanship of the product. The Position Collective 1-Year Limited Warranty applies to Position Collective products exclusively, and does not cover or apply to any purchases made outside of position-collective.com or outside of Europe. The Warranty may not apply to purchases made through third-party sites.

Position Collective does not cover:

  • Changes in surface finishes due to ageing or exposure to light;
  • Natural variations of wood grain or figure or the presence of character marks;
  • Natural variations of powder coating and/or other coatings;
  • Damage to the fabric from machine washing/drying;
  • Normal wear and tear (including, but not limited to, everyday wear and tear of surfaces, fabrics, and upholstery);

Damage from external factors, such as any of the following:

  • Sharp objects or imprinting from writing instruments;
  • Prolonged exposure to moisture or direct sunlight;
  • Modifications, alterations, tampering, or improper maintenance or repairs;
  • Force majeure, including but not limited to fire, lightning, flood, tornado, earthquake, or hurricane;
  • Any actions or uses performed outside of those recommended or specified on our site, including our FAQs.

Eligibility

To be eligible for the Warranty:

  • You must be the Original Purchaser and have a valid Proof Of Purchase. The Warranty is not transferable to subsequent purchasers.
  • You must have purchased the Products directly from position-collective.com or from the Position Design Store and be located in Europe. May also, in certain cases, apply to purchases made through third-party sites. Please contact Position Collective for more information.
  • The Products, or Lighting must have been installed and used only in accordance with the specifications provided with the product or on our website (including those recommendations and guidelines specified on the FAQs page).

The Products must have been used only for its intended use and must never have been subjected to abuse, accidental damage, or other abnormal usages, including but not limited to cuts, tears, burns, stains, soiling, liquid damage, or improper installation.

Defects in Products supplied must be notified not later than eight (8) days from receipt of the Products. Concealed defects are to be notified immediately after discovery. Position Collective will have no obligation to remedy a defect in the event of failure to accordingly notify a defect.

In the event of a defect, Position Collective will, in its own sole discretion, either remedy the defect or exchange the Product as soon as practically possible after received notification about the defect.

Limitation of liability

Position Collective shall not be liable for any loss, damages, claims or costs whatsoever, including any consequential or indirect damages or costs, due to the use of the Products.

Claims

All complaints regarding a Product shall be sent to Position Collective by using any of the addresses stated in the introductory part or contact us via email.