These General Terms and Conditions (hereinafter GTC) define the webshop www.plantebudapest.com operated by Tóth Katalin EV. (hereinafter: Provider) between www.servebudapest.com and the consumers purchasing on the online interface (hereinafter: Customer) the rights and obligations arising from the legal relationship arising from the contract, the conditions of concluding the contract, the rules of liability, the conditions of performance and delivery, as well as the rules of exercising the right of withdrawal, regardless of whether it is performed in Hungary or abroad.
The provisions of these GTC apply in all cases to the legal relationship established between the PROVIDER and the CUSTOMERS online through a webshop.
- GENERAL INFORMATION OF THE PROVIDER
Name: Tóth Katalin EV.
Headquarters: 1118 BUDAPEST 11 ker. Kelenhegyi út 50. 2 em. 5 ajtó Company registration number: 51109547
Tax number: 68061146-1-43
Phone: +36 7203645128
Managing director: Tóth Katalin
- LEGAL RELATIONSHIP BETWEEN THE PARTIES, FORCE AND VALIDITY OF THE GTC
- The personal force of these GTC extends to the Provider and to the Customers using the webshop operating under the www.plantebudapest.hu website operated by the Provider.
- These GTC are for an indefinite period of time, which is valid from 2 November 2021.
- During the purchase in the webshop, the Customer enters into a contract with the Provider, taking into account the content provisions of these GTC. By selecting the product to be purchased in the webshop and pressing the “CONTINUE TO PAY” button on the approval page summarizing the purchase data, the Customer accepts the terms and conditions of the GTC and concludes the contract, and accepts the provisions of these GTC as binding on him. The contract concluded through the webshop entails a payment obligation for the Customer.
- During the purchase, the Provider sells the products manufactured by the Provider on its own behalf or by third parties from the webshop in its own name, which is fulfilled by paying for the product and delivering the product by the Provider.
III. SHOPPING IN THE WEBSHOP
- The online product purchase methods are made through the Provider’s own online sales interface, via the secure direct online bank card payment interface provided by Paypal (Klostergade 56B, 1, 8000 Aarhus, Denmark, firstname.lastname@example.org). During online bank card payments, the bank card data does not reach the Provider.
After providing the necessary data, accepting these GTC and the successful banking transaction, the Provider delivers the product to the Customer through the partner of the delivery or the delivery provider contracted by the Provider. Given that the purchase of the product by the Provider after the purchase is considered closed and the product is considered delivered and received, it is the Customer‘s responsibility to notify the Provider without delay if the product has not been received.
- Payment process by bank card using Paypal:
- If the Customer has selected the desired products and placed them in his / her cart, the Customer will be directed to the Paypal page of the website operated by the Provider, where he / she must enter his / her card details (MasterCard / VISA / suitable web card);
- Required data: Card number, Security code, Card expiration date
- After entering the data, finalize your purchase intention. Selecting the “PAY” button will finish the transaction if you have sufficient coverage.
- Finally, you can return to the page operated by the Provider, where you will receive the confirmation of a successful purchase.
The Provider draws the Customer’s attention to the fact that in case the Customer does not receive the e-mail confirming the order, the transaction will be considered unsuccessful.
- The Provider issues an invoice for the purchase of the product based on the data provided by the Customer using an invoicing program (Számlázz.hu), which is sent to the Customer by e-mail. If the Customer has entered the name or address to be included in the invoice incorrectly and the invoice has been issued with this content, the Customer has one opportunity to request an amendment to the invoice, which must be indicated within 10 calendar days of the invoice being issued. The Provider may indicate the Customer’s request to change the account by e-mail sent to email@example.com.
- ESSENTIAL INFORMATIONS OF THE PRODUCT
1.The properties, characteristics, sizes of the products offered for purchase, as well as the conditions of purchase can be found on the specific pages of the Provider’s webshop.
- PROCESS OF PURCHASE AGREEMENT
- The products offered in the www.plantebudapest.com webshop is possible on the online interface by means of an electronic order based on the provisions of the GTC.
- During the visit to the webshop, the Customer can click on the “Add to Cart” label to place the product in his virtual cart without any obligation to purchase or pay. Adding to cart does not constitute bidding. Click to add the product to the virtual cart. The Customer will not receive a separate notification about the placement in the virtual cart. In the visual basket, the Customer can find out about the name of the product, the quantity and the gross price of the product. If you add multiple products to your cart, all of this information will be displayed separately for each product on the online interface.
- By clicking on the “Cart” label, the Customer can see the current summary of his order, where he or she has the opportunity to modify (increase or decrease the quantity or delete). The Customer also has the opportunity to use the coupon codes entitling to the discount applied periodically by the Provider, which modifies the amount of the Product. The Customer is then entitled to return to the webshop to purchase additional products or to complete the purchase of the products in the “Cart” and continue the purchase process by clicking on the “CONTINUE TO THE CASH” button. If the Customer wishes to complete the purchase of the product, he or she must provide the billing and delivery data and pay the product purchased on the Provider’s webshop by clicking on the “CONTINUE TO PAY” button.
- During the order, the Customer is obliged to provide his personal data and invoicing data related to the purchase, as well as the delivery data in case of delivery of the product. The purchase is not subject to registration, but the Customer is obliged to provide data to the Provider in order to complete the purchase of the product.
- The Customer has the opportunity to use a coupon entitling to a discount, which can be given on the online interface of the Provider before paying for the product. The Provider expressly states that it shall inform the Customer in detail about the conditions of using the discount coupon before the discount period.
- The order finalized and made by the Customer will be sent via the online interface of the Provider. The sent order is a payment obligation for the Customer. The Provider will send an e-mail confirming the e-mail availability provided by the Customer about the name and quantity of the ordered product and the amount of the ordered product.
- The Provider provides delivery services using a third party and for a fee. The Customer is obliged to pay the cost. The shipping fee is not included in the product fee. The Provider always informs the Customer about the conditions of the shipping before finalizing the payment. The price of the product includes the cost of packaging the product.
- By sending the order, a sales contract is concluded between the Customer and the Provider for the selected product. The contract is concluded electronically, which is considered to be a contract concluded in absentia in accordance with the Act V of 2013 and the Act CVIII of 2001 as provided by the law. If the Costumer qualifies as a consumer, the contract is subject to Government Decree 45/2014 (II.26.). The Provider bears in mind the provisions of Directive 2011/83 / EU of the European Parliament and of the Council on consumer rights.
- A receipt of the order will be confirmed by automatic email to the Customer. The confirmation confirms that the Provider has received the order sent by the Customer, and also contains the details of the order. The contract concluded on the basis of the confirmation email complies with the applicable legislation. (Government Decree 45/2014 (II. 26.). The Customer qualifies as a consumer by accepting these GTC. The Customer agrees that the Provider is not able to hand over the contracts or their copies on paper. When making a purchase in the webshop, no paper-based documents are created. The invoice related to the delivered products will be sent to the Customer by e-mail, which confirms that the Provider considers the contract to have been concluded and also contains the relevant conditions.
- If the confirmation by e-mail is not received by the Customer within 48 hours of sending the order, the Customer is released from the contractual obligation.
- In the event of a data entry error, the Customer may initiate the correction of the error within 3 working days by e-mail. The Provider suspends the performance of the contract until the correction is made and the correctness of the corrected data is confirmed.
- The Customer accepts and acknowledges that the Provider is not liable for errors resulting from data erroneously or inaccurately provided by the Customer. (incomplete data, invalid email address).
- FULFILLMENT OF CONTRACT
- The Provider strives for the order to be handed over / delivered to the Customer’s delivery address as soon as possible. The delivery time of the products depends on the fact that the ordered product is available in the Provider’s stock. If the Customer orders several products, the products will be delivered together and at the same time. The delivery time will be determined by the delivery time of the product with the longest delivery time. The ordered products must arrive to the Customers within 14 days. The domestic and foreign sales of the products are also confirmed, therefore the delivery time depends on the delivery deadlines undertaken by the Provider. The Customer can find information about delivery times abroad and other costs related to the purchase of the product on the website www.plantebudapest.com. The Customer agrees that the Provider limits its liability arising from the error of the registration (products) to the total amount of the purchase price and delivery fee paid by the Customer. The delivery deadline is also considered fulfilled in case of an unsuccessful delivery attempt (eg: the person entitled to receive it cannot be found at the delivery address). The Provider reserves the right to amend the provisions of these GTC regarding the deadline for delivery of the product to the Customer at any time.
- After the delivery and receipt of the product, the Provider does not accept quantitative complaints from the Customer. By signing the document related to the delivery, the Customer acknowledges that the received package complies with the provisions of his order both externally and in terms of its content.
- If during the receipt the Customer experiences damage (product or packaging) in connection with the ordered product, he is entitled to take a record of the damage from the supplier. The Provider undertakes to take back the product free of charge if the product was damaged upon receipt. The Provider shall not be liable for any physical damage detected after receipt.
VII. IMPLIED WARRANTY
- 45/2014 on the detailed rules of consumer-business contracts. (II. 26.) Government Decree. According to the sample information in Annex 3 of the Decree, we communicate and make it a part of these GTC as follows:
In which case can the Customer exercise his right to warranty on supplies?
According to the rules of the Civil Code, the Customer may enforce a claim against the Provider in the event of faulty performance.
What rights does the Customer have based on his supply impplied claim?
The Customer may, at his option, make use of such warranty claims:
You may request a repair or replacement, unless it is impossible to meet the demand chosen by the Customer or it entails a disproportionate additional cost for the business to meet another demanding demand. If you have not requested or could not request the repair or replacement, you may request a proportionate delivery of the consideration or the defect may be corrected by the Customer at the expense of the business, or you may have it repaired or, ultimately, withdraw from the contract.
You may transfer from your chosen supply warranty right to another, however, the cost of the transfer shall be borne by the Customer, unless it was justified or given by the company.
What is the deadline for you to enforce your warranty claim?
The Customer is obliged to report the defect immediately after its discovery, but not later than within two months from the discovery of the defect. However, please note that beyond the two-year limitation period from the performance of the contract, your warranty rights can no longer be exercised.
To whom can you enforce your warranty claim?
The Customer may assert his supply warranty claim against the Provider as a company.
What are the other conditions for enforcing your warranty rights?
Within six months of performance, there are no conditions other than the notification of the defect to enforce the warranty claim if you prove that you are providing the product as well as the service. However, after six months from the date of performance, you are obliged to prove that the defect you recognized already existed at the time of performance.
VIII. PRODUCT WARRANTY
- The consumer-related terms and conditions for product warranty are set out in Decree 45/2014 on the detailed rules of contracts between consumers and businesses, referred to above. (II. 26.) Government Decree. According to the sample prospectus in Annex 3 to the Decree, we communicate and make it a part of these GTC as follows:
In which case can the Customer exercise his/her product warranty right?
In the event of a defect in a movable thing (product), the Customer – at his / her choice – shall enforce the right of warranty for the goods or the claim for product warranty specified in the first point.
What rights does the Customer have based on his product warranty claim?
As a product warranty claim, the Customer may only request the repair or replacement of the defective product.
In which case is the product considered defective?
A product is defective if it does not meet the quality requirements applicable at the time of placing on the market or if it does not have the characteristics specified by the manufacturer.
What is the deadline for the Customer to enforce the product warranty claim?
The Customer may assert his product warranty claim within two years from the placing of the product on the market by the manufacturer. Upon expiry of this period, he/she shall lose this right.
Against whom and under what other conditions can you assert your product warranty claim?
Product warranty claims may only be made against the manufacturer or distributor of the movable property. The defect of the product must be proven by the Customer in the event of a product warranty claim.
In which cases is the manufacturer (distributor) exempt from the product warranty condition?
The manufacturer (distributor) is likely to be released from its product warranty relationship if he can demonstrate that:
– manufactured or placed on the market in the course of an effective non – business activity, or
– the defect was not recognizable in the light of scientific and technical knowledge at the time of placing on the market, or
– the defect of the product results from the application of legislation or a mandatory official regulation.
It is sufficient for the manufacturer (distributor) to prove a reason for the exemption.
The Provider draws attention to the fact that due to the same error, the Customer cannot enforce a supply warranty and product warranty claim simultaneously, in parallel with each other. However, if your product warranty claim is successfully enforced, you can assert your warranty claim against the manufacturer for the replaced product or repaired part.
- In connection with the purchased and delivered product, the Customer or the person designated by the Customer may exercise the right of withdrawal within 14 days of receipt. In the event that several products are related to a given order, the starting date of the right of cancellation shall be calculated from the receipt of the last delivered product.
- The right of withdrawal may be exercised before receipt of the product. The Customer is obliged to send the withdrawal statement to the address of the Provider in writing.
- The Customer may exercise his right of withdrawal by any other relevant statement. The Customer is obliged to prove that he has properly exercised his right of withdrawal.
- If the Customer withdraws from the contract in accordance with the GTC, the Provider is obliged to refund the full amount paid by the Customer within 14 days of becoming aware of the withdrawal (including costs).
- In case of cancellation, the Provider is obliged to refund the fee to the Customer in the same way as the payment method used. With the consent of the Customer, the Provider may apply other repayment methods. The Customer may not be charged any additional fees.
- The Provider is not obliged to refund the additional costs if the Customer has chosen a more expensive refund method.
- The Provider is not obliged to refund the fee until the Customer has returned the product or confirmed that he has returned the product.
- In case of withdrawal, the ustomer is obliged to return the product immediately, but no later than within 14 days from the notification of the withdrawal. Returns are also valid if the Customer sends the product before the deadline.
- The Customer is obliged to pay the direct cost of returning the product.
- The Customer is responsible for the depreciation resulting from the use of the product.
- The Customer may not exercise the right of withdrawal in respect of a sealed product (for health or hygiene reasons it cannot be returned after opening).
- The Provider strives to inform the Customer about his / her rights. The Customer can find the information on the website www.plantebudapest.com. The Provider reserves the right to apply individual discretion without amending the GTC. The Provider guarantees consumer rights.
- TRADEMARKS AND COPYRIGH
- The graphic solutions, trademarks, logos and other information and materials appearing on the Provider’s website (www.plantebudapest.com) are the exclusive property of the Provider and its contractual partners. These markings may not be used, copied, distributed or published by Customers and other third parties without the prior written approval of the Provider. In case of consent, the source is indicated.
- In case of receiving the content of the website, the user is obliged to pay a fee of HUF 5,000 + VAT / day.
- EXERCISE OF RIGHTS
- Complaint handling
1.1. If the Provider’s customer service fails to provide a reassuring and satisfactory answer to your request, the Customer may write his comments and complaints to the e-mail address firstname.lastname@example.org or send them to the address of the Provider.
1.2. The Provider will respond to the complaint in writing within 30 days at the latest.
1.3. If the complaint is rejected, the Provider informs the Customer which authority or arbitration board may initiate to exam the complaint.
1.4. The Provider is obliged to keep the documents recorded from the complaint for five years and to present it to the audit authorities upon their request.
- Other enforcement options
2.1. Consumer protection procedure
2.2. Arbitration Board.
Contact details of the Pest County and Érd City with County Rights’ Arbitration Board:
Address: 1055 Budapest, Balassi Bálint utca 25. IV./2.
Email address: email@example.com
2.3. Court procedures.
- Act V of 2013
- Act CLVof 1997
- Act CVIII of 2001
- 51/2003. (IX.22.) Government Decree
- 45/2014. (II. 26.) Government Decree
- 19/2014. (IV. 29.) NGM Decree
- Act LXXVI of 1999
- Act XI of 1997
- Act CXII of 2011
- Regulation 2018/302 of the European Parliament and of the Council
- Regulation of 2016/679. of the European Parliament and Council
XII. FINAL CLAUSES
- The Customer acknowledges and accepts that the Provider treats the data confidentially and uses it exclusively for the performance of purchases. The data will not be passed on to third parties in any form other than the supplier. By providing the Customer’s personal data, you consent to the data management of the Provider.
- The Provider is entitled to use subcontractors and contributors.
- The Provider is a company registered in Hungary. The GTC is governed by the rules of Hungarian law, regardless of any possible conflict of law.
- The Provider and the Customer stipulate the exclusive jurisdiction of the Érd District Court for any legal dispute.
Dated: Budapest, 2nd November 2021.