Moduleur Purchase Terms

1. Trader information

Trader: Five by Five Kft.
Registered address: 2040 Budaörs, Esze Tamás u 13., Hungary
Company registration number: 13-09-190300
EU VAT: HU26186799
Email: hello@shmoergh.com

2. Definitions

Trader / Seller / we: Five by Five Kft.
Buyer / you: the person purchasing the Product.
Consumer: an individual acting for purposes outside their trade, business, craft or profession.
Product: Shmøergh Moduleur (SM-01) electronic musical instrument (may include digital elements such as firmware).
Contract: the sales contract between you and us for the Product.

3. Nature of sale (invitation following raffle)

The Product is sold by invitation, following a raffle selection process. Participation in the raffle does not in itself create any purchase obligation or contract.

Sales are concluded via email communication and bank transfer. For consumers, the Contract qualifies as a distance contract under EU consumer law.

4. Pre-contract information

Before you become bound by the Contract, we provide (on a durable medium, typically by email) the key pre-contract information, including in particular:

the main characteristics of the Product,
total price (including taxes where applicable) and any delivery costs,
delivery arrangements and expected dispatch/delivery timeframe,
payment method and deadline,
withdrawal information and the model withdrawal form,
information on statutory conformity / legal guarantee rights and (where applicable) mandatory guarantee.

5. Formation of contract

You receive a purchase invitation by email (our offer).
You confirm your intent to purchase and pay the full price within the stated deadline.
We issue the invoice and confirm receipt of payment.

The Contract is concluded when we receive your full payment and confirm it by email.

6. Price & payment

Payment is made by bank transfer.
The payment deadline is specified in the invitation and/or invoice.
If we do not receive payment in time, we may withdraw the purchase invitation (in which case no Contract is formed).

7. Delivery and passing of risk

7.1 Delivery method

We ship via GLS or DHL, unless agreed otherwise. Delivery costs are borne by the Buyer unless stated otherwise in the invitation/invoice.

7.2 Passing of risk

For consumer contracts where we dispatch the goods, the risk of loss of or damage to the goods passes to the consumer when the consumer (or a third party indicated by the consumer, other than the carrier) acquires physical possession of the goods.

If the consumer explicitly commissions a carrier that was not offered by us, the risk passes upon delivery to that carrier (without prejudice to the consumer’s rights against the carrier).

8. Right of withdrawal (consumers)

Consumers have the right to withdraw from the Contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which you acquire physical possession of the Product.

Detailed information is provided in the following documents:

Withdrawal Information

FBF-MOD-WI-001.pdf

122 KB

Model Withdrawal Form

FBF-MOD-WF-001.pdf

98 KB

Key points:

you must send your withdrawal notice within 14 days from the day you (or your nominated non-carrier third party) receive the Product;
you must return the Product within 14 days from the day you communicate your withdrawal;
return shipping costs are borne by you;
you are only liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

For Hungarian version see Legal Documents section.

9. Statutory conformity rights and digital elements

9.1 EU legal guarantee / conformity

Consumers are entitled to a minimum two-year legal guarantee (statutory conformity rights) under Directive (EU) 2019/771 as implemented in the consumer’s country of residence.

If the Product is not in conformity with the Contract, the consumer may be entitled (depending on the circumstances) to:

repair or replacement,
a price reduction, or
termination of the contract.

9.2 Digital elements (firmware) and updates

If the Product includes digital elements (e.g., firmware), we will provide the updates necessary to keep the Product in conformity and will inform you about their availability.

If you do not install the updates within a reasonable time and the lack of conformity is caused solely by the absence of the relevant update, our liability may be limited to the extent permitted by mandatory law, provided that we informed you about the update and the consequences of not installing it.

9.3 Misuse and unauthorised modifications

Our liability does not extend to defects caused by misuse, incorrect power supply, external damage (including liquid damage), or unauthorised modifications/repairs. If third‑party firmware is installed, we are not liable for defects caused by that installation.

Nothing in this section affects your mandatory statutory rights in case of a lack of conformity that is not caused by such actions.

10. Complaints and dispute resolution

10.1 Complaints

Complaints may be submitted by email: hello@shmoergh.com

We will respond within a reasonable time and in accordance with applicable consumer law.

10.2 Alternative dispute resolution (ADR) and EU consumer redress

For consumer disputes, you may have access to out-of-court dispute resolution mechanisms (ADR). In Hungary, consumer disputes may be handled by conciliation boards (békéltető testületek). For example (information purposes, based on our registered seat):

Pest County / Pest Vármegye Conciliation Board

1055 Budapest, Balassi Bálint u. 25. IV/2., Hungary
Email: pmbekelteto@pmkik.hu
Phone: +36 1 792 7881

Note: The former EU Online Dispute Resolution (ODR) platform has been discontinued as of 20 July 2025. For guidance on consumer redress in the EU, please see the European Commission’s consumer redress information pages.

11. Governing law

The Contract is governed by Hungarian law, without prejudice to mandatory consumer protection provisions of the consumer’s country of residence (where applicable).