General Terms and Conditions
INTRODUCTORY PROVISIONS
These General Terms and Conditions (hereinafter: "GTC") apply to all electronic commerce services provided within the territory of Hungary, which are provided by the Green Mentha Ltd. (hereinafter: "Seller" or "Service Provider") provides services exclusively to customers qualifying as consumers (hereinafter: "Customer") who have registered on the website kbeautyforyou.hu (hereinafter: "Website") through the electronic store found on the Website (hereinafter: "Webshop").
These Terms and Conditions apply to the Service Provider. The purpose of applying the Terms and Conditions is to establish the contractual terms primarily for the purchase of dried fruits and seeds as products by the Seller to the Buyer.
Contracts concluded for purchases in the Webshop are primarily governed by these GTC, as well as Act CVIII of 2001 on certain issues of electronic commerce services, and Act V of 2013 on the Hungarian Civil Code ("Civil Code"). The concluded contract is not registered by the Service Provider, the contract is concluded in Hungarian, is not considered a written contract, and Hungarian law applies. The Service Provider has not submitted to any code of conduct.
DATA REGARDING THE SERVICE PROVIDER AND CONTACT
Company name: Green Mentha Limited Liability Company
Registered office: 2011 Budakalász, Szent László Street 57.
Tax number: 24824143-2-13
Mailing address: 2011 Budakalász, Szent László Street 57.
Telephone contact: +36 70 7766 820
Email address: hello@kbeautyforyou.hu
Website address: kbeautyforyou.hu
The above data are also the Seller's contact details, suitable for receiving any notifications and communications from the Buyer (primarily legal declarations related to the Terms and Conditions, complaints, etc.).
The Customer's contact postal address is the address provided during registration in the Webshop, unless the Parties have agreed on a different contact address, including especially if the Customer modifies the relevant data in the Webshop.
The Parties are entitled to modify the contact addresses/persons/numbers at any time as follows:
- In case of changes in the Seller's data, the Seller shall inform the Customer by amending these GTC, while
- In case of changes in the Customer's data, the Customer shall notify the Seller by modifying the data in the Webshop.
DEFINITIONS
Data subject: any natural person identified or identifiable based on any information.
Parties: Seller and Buyer.
Order: the Buyer's unilateral legal declaration by which the Buyer orders Product(s) from the Seller, and which is submitted in accordance with the provisions of these GTC.
Complaint: the Customer's notification to the Seller of a warranty or product liability claim related to the purchased Product.
Delivery address: the physical address provided by the Buyer as the place of receipt of the Products, located within the territory of Hungary.
Product: the goods offered and available for purchase on the Seller's website.
Customer: the person who orders Products electronically from the Seller through the Seller's Webshop in accordance with the provisions described in these GTC and qualifies as a consumer under Act V of 2013 on the Civil Code (hereinafter "Civil Code").
LOGIN TO THE WEBSHOP
The Customer who qualifies as a consumer according to the provisions set out in the GTC is entitled to use the Service Provider's Webshop services, provided they have reached the age of 18, accepted the provisions of these GTC, the Service Provider's data management information, and registered through the Website to enter the Webshop.
The Service Provider is not liable for damages resulting from the Buyer failing to properly provide their password, or if it becomes accessible to unauthorized persons, or for any reason not attributable to the Service Provider. Only the Buyer is entitled to change previously recorded data. The Service Provider bears no responsibility for any damage or error resulting from changes made by the Buyer to the registered data.
PRODUCT INFORMATION, PRICES, PAYMENT TERMS
The Products offered by the Seller can be viewed in the Webshop. The Buyer expressly acknowledges that the information and specifications related to the Products listed in the Webshop are for informational purposes only. The Seller primarily answers any questions the Buyer may have about the Products through the Webshop’s information system and the contact details specified in the relevant section of these Terms and Conditions.
In view of the above, the Seller does not assume responsibility for the complete updating of the information found in the Webshop, nor for ensuring its timely publication, and therefore the Buyer is not entitled to claim compensation from the Seller for any damage arising from this.
Next to the selected Product, the gross purchase price (including VAT) is shown in forints, and the Webshop automatically determines the delivery fee for the Product via courier service.
The Service Provider is entitled to change the purchase price of Products available for order in the Webshop without any time limitation. In case of an incorrectly published price of a given Product in the Webshop, the Service Provider is obliged to notify the Buyer without undue delay after becoming aware of the error that the Product price was published incorrectly. The Service Provider is not obliged to sell the Product at the incorrect price but is entitled to offer the Buyer the purchase of the Product at the correct price. The Buyer is entitled to withdraw from the purchase intention knowing the correct price.
The Buyer fulfills their payment obligation according to the provisions of these GTC.
The Seller issues an invoice for the purchase price of the Product(s) and the shipping fee, which is electronically delivered to the email address provided by the Buyer after payment of the purchase price. The invoice issued by the Seller is a payment document and tax receipt, the content of which complies with the applicable legal requirements.
ORDER PROCESS
The Service Provider can only fulfill the Order through the Webshop if the Buyer has accepted the provisions of these Terms and Conditions and has provided all necessary information for the Order to the Service Provider. Orders cannot be placed by fax, phone, email, or postal mail; such orders will not be fulfilled by the Seller.
To purchase a Product, the Buyer is only entitled to place an Order through the Webshop in the manner specified in these Terms and Conditions.
Order process:
- The Buyer can add the selected Product(s) to the cart in the Webshop using the button labeled "Cart" or "Add to cart," provided the quantity unit and quantity of the Product have been selected in advance for purchase.
- In the Webshop, the purchase can be confirmed by clicking the button labeled "cart" located in the top bar.
- The Buyer then has the opportunity to review the ordered Product(s) and enter any coupon code.
- The Buyer can provide the delivery address using the button labeled "continue order" if the Buyer has not registered before. In this case, the Buyer must complete registration at this stage of the Order.
- In addition to personal data, the Buyer can provide a company name and tax number, and indicate whether the billing and shipping addresses are the same; this can be done by email after placing the order.
- After this, the Buyer can specify the desired payment method, and the Webshop will calculate the shipping fee based on the ordered items (Products), allowing the Buyer to check for any data entry errors.
- If payment is made via Stripe, the Webshop will confirm the successful payment to the Buyer after the transaction is completed, and after the order of the Products is finalized, the Webshop will automatically send an email to the address provided by the Buyer with the order details.
The Order can be freely modified or canceled without consequence from the time it is placed until fulfillment, i.e., until the Product(s) are received. If the Buyer does not receive any Product despite fulfillment, they are not obliged to reimburse shipping costs. If the Buyer receives at least one Product, they must pay the purchase price of the received Product and the shipping fee to the Service Provider.
The Service Provider is not obliged to fulfill the Order despite all information being provided to the Service Provider and the Buyer's acceptance of the GTC if the necessary quantity of the Product is not available to the Service Provider due to stock shortage.
The Service Provider informs the Buyer without undue delay about any rejected Order or refusal of the Order.
The Service Provider shall not be held liable for any delivery delays or other issues resulting from incorrect or inaccurate order information provided by the Buyer. The images shown are sometimes illustrations, and the Service Provider does not take responsibility for any discrepancies from them.
ORDER CONFIRMATION
After receiving the Buyer's Order, the Service Provider first automatically sends feedback by email within 48 hours to the Buyer confirming that the Buyer's order has been received and its processing has started.
The confirmation of the start of Order processing does not constitute an obligation to fulfill on either party's part. The Service Provider makes the sales offer to the Buyer upon delivery, i.e., at the time of receiving the Products. The contract between the Parties is concluded at the time of Product receipt based on the Order.
The Buyer may request information from the Service Provider at any time about the possibility of fulfilling the Order through the Webshop or via the contact details provided in this GTC's communication section.
SHIPPING AND PAYMENT TERMS
The Seller delivers the Product ordered in the Webshop exclusively using a courier service to the Shipping address provided in the Webshop. The shipping fee will be indicated on the invoice. Orders placed on the same day but at different times are processed separately, so the shipping fee for the ordered Products is payable per order unless the Service Provider decides and informs otherwise.
The shipping fee may vary between 0 HUF and 2490 HUF depending on time slots and the purchase price calculated based on the Order.
Based on the Order, the delivery of the Product(s) will take place within 6 (six) working days unless otherwise notified by the Seller in advance.
The Service Provider is unable to undertake delivery at a specified time or partial delivery.
When purchasing in the Webshop, the Buyer is entitled to specify the desired payment method:
- In the Webshop, online bank card payments are processed through the Stripe system. Bank card data do not reach the merchant.
- Cash on delivery with the courier service representative responsible for delivering the Product, payable in cash or by bank card.
The Buyer is not subject to any payment obligation for using the Webshop.
ORDER PRODUCT
The Seller is entitled to reject the Order if the Buyer has not settled all overdue payment obligations to the Seller by the date of the Order.
The Seller is entitled to complete or suspend the delivery of any ordered Product without any time limitation, especially but not exclusively if fulfillment by the Service Provider is not feasible (e.g., the Product is no longer available from the supplier, stock shortage occurred, etc.), during which the Seller is obliged to inform the Buyer about the rejection or refusal of the Order without undue delay.
DELIVERY TERMS
The Buyer is obliged to accept the ordered Product(s) and carefully inspect and check the shipment upon receipt. The Seller ensures that the ordered Product(s) are delivered to the Shipping address provided in the order.
The Seller generally considers the person who usually confirms receipt of the Product, or in the case of the Buyer's offices, the person authorized to receive shipments, as the person entitled to receive the Product(s). Only persons over 18 years of age are entitled to receive the Product. If the Buyer does not ensure that the designated persons receive the Product(s), they cannot claim exemption from their obligations arising from the Order. It is the Buyer's responsibility to ensure that the person receiving the Product(s) acts on behalf of and represents the Buyer, and that any legal declarations made by such person directly authorize and bind the Buyer.
The Buyer is obliged to provide the Shipping address data in the Order so that the Shipping address is clearly identifiable and easily and safely accessible. In case of failure to do so, the Service Provider is not responsible for the delivery or its failure, nor for any damages that may arise in connection with this. The Service Provider undertakes delivery up to the main entrance of the Shipping address.
In case of unsuccessful delivery, the Service Provider may attempt to redeliver the Product(s) to the Buyer once within 6 (six) working days from the date of the failed delivery.
The Parties are obliged to cooperate in good faith and fairly so that the Seller can fulfill the obligations arising from the GTC. The Buyer must provide the Seller with all information necessary for the delivery of the ordered Products at the time of ordering. The Buyer's delay excludes the Seller's delay (the Buyer's delay has a suspensive effect on the Product delivery deadline).
The Seller is entitled to involve subcontractors to fulfill the obligations defined in this GTC. In such cases, the Seller is responsible for the fulfillment as if they had performed it themselves.
COUPONS
Based on a coupon issued by the Service Provider, the Buyer can use the coupon code during purchases in the Webshop. Redemption is done by entering the code as detailed in the Order process section. A discount can be applied by using the coupon. The coupon cannot be redeemed for cash.
Coupons are exclusively the property of the Service Provider. As a general rule, the use of the coupon is tied to the Buyer who received it and is non-transferable. The coupon cannot be copied, reproduced, or traded either directly or indirectly, in any form or by any means, nor stored in any data storage system without the prior written permission of the Service Provider.
The Service Provider periodically provides coupons to the Buyer for redemption purposes through newsletter subscription, following the Service Provider's social media page, or browsing the Service Provider's Website.
WARRANTY RULES AND COMPLAINT HANDLING
The Seller is responsible for the quantity and quality of the delivered Products, meaning that the Products correspond in quantity and quality to the order and comply with the applicable laws. The Seller strives to sell the Product in the quantity specified by the Buyer in the Order, but it may happen that the actual quantity delivered differs slightly from the quantity specified in the Order, considering the nature of the Products offered by the Seller.
The warranty periods for individual Products are valid for unopened packaging, provided that the storage conditions indicated on the Products and labels are observed. Every Product ordered by the Buyer is a food item that may lose its quality within a short period if proper storage conditions are not ensured; therefore, the Parties bear increased responsibility for the storage and transportation of the Product(s), during which the Parties must cooperate closely and provide all necessary information to each other for the fulfillment of the contract.
The Buyer is entitled to withdraw from the contract without reason within 14 calendar days following receipt of the Product(s), which means that the Buyer may return the received Product(s) within the specified deadline without justification. In such cases, the Buyer must return the Product(s) to the Service Provider at their own expense within 14 days of making the withdrawal statement. A sample document for making the withdrawal statement is attached as Annex 1 to these GTC. The right of withdrawal can be exercised with the statement specified in Annex 1 or with a clear, unilateral statement by the Buyer.
The Service Provider is obliged to refund the purchase price of the returned products immediately, but no later than within 14 calendar days following the receipt of the withdrawal notice, or the Buyer may choose to exchange the returned products for other Products. (The price paid at the time of delivery is decisive when determining the purchase price.) The Service Provider is entitled to withhold the refund until the Product(s) have been returned or until the Buyer provides proof that the Product(s) have been sent back.
The Buyer may naturally refuse to accept Products that are defective for any reason at the time of delivery. If it is only discovered after delivery that the Product was already defective at the time of delivery (or at least the cause of the defect existed then), the Buyer is still entitled to make a complaint, which can be done through the contact details provided in these GTC.
Additionally, the Buyer may verbally or in writing report complaints related to the conduct, activities, or omissions of persons directly involved in the conclusion of the contract, distribution of the Products, or sales at the contact details found in the communication provisions of these Terms and Conditions. The Service Provider will immediately investigate verbal complaints and remedy them if necessary. If the Buyer disagrees with the complaint handling, or immediate investigation is not possible, or the complaint was submitted in writing, the Service Provider will respond within 30 days. The Buyer is entitled to initiate the procedure of the conciliation board operating alongside the county (capital) chambers of commerce and industry for out-of-court settlement of disputes related to product quality, application of product liability rules, service quality, and contract conclusion and performance between the Parties (hereinafter: consumer dispute).
Contact details of the conciliation board competent according to the Service Provider’s headquarters:
Budapest Conciliation Board operated by the Budapest Chamber of Commerce and Industry
Address: 1016 Budapest, Krisztina Boulevard 99.
Phone: 06-1-488-2131
Fax: 06-1-488-2186
E-mail: bekelteto.testulet@bkik.hu
Information on warranty and product guarantee can be found in Annex 2 of these Terms and Conditions.
COPYRIGHTS
The Website and the related Webshop are protected by copyright. The Service Provider is the copyright holder or authorized user of all content displayed on the Website/Webshop: any copyrighted work or other intellectual creation (including, among others, all graphics and other materials, the layout and editing of the Website/Webshop interface, the software and other solutions used, ideas, implementations).
COOKIES
During visits to the Seller's website, a cookie (hereinafter: "Cookie") is sent to the device of the visiting Data Subject, allowing the browser to be uniquely identified.
Cookies primarily operate to automate the login process and enhance the user experience.
The Data Subject can find information about the Cookies used on the Website.
MISCELLANEOUS AND FINAL PROVISIONS
Both contracting Parties are obliged to immediately notify the other Party of any facts not included in these Terms and Conditions that may affect the fulfillment of the obligations arising from these Terms and Conditions.
The Service Provider will notify the Buyer of changes to the Terms and Conditions by email or through the Webshop. The amended Terms and Conditions come into effect when the Seller publishes them on the Website/Webshop.
The Seller considers all personal data provided by the Buyer strictly confidential and declares that it handles them in accordance with the applicable data protection laws and its own privacy policy.
The conclusion of these Terms and Conditions is governed by the legal system of Hungary, and in all matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the E-commerce Act, and other relevant legislation shall apply.
These Terms and Conditions are effective from March 30, 2020.
***
- Annex no. - Sample Withdrawal/Termination statement
Withdrawal/Termination statement
(only fill out and return in case of intention to withdraw/terminate the contract)
Recipient: Company name: Green Mentha Limited Liability Company (headquarters: 2011 Budakalász, Szent László Street 57; mailing address: 2011 Budakalász, Szent László Street 57; phone contact: +36 30; website address: kbeautyforyou.hu)
I/we, the undersigned, declare that I/we exercise my/our right of withdrawal/termination regarding the contract for the sale of the following product(s) or the provision of the following service: *
Date of contract conclusion / date of receipt: *
Consumer(s) name:
Consumer(s) address:
Consumer(s) signature: (only for declarations made on paper)
Dated
- Annex no. – Information on warranty and product guarantee
- Warranty
In what cases can you exercise your warranty rights?
You are In case of defective performance by Green Mentha Limited Liability Company, you may enforce warranty claims against the company according to the rules of the Civil Code.
What rights do you have based on your warranty claim?
You may exercise the following warranty claims at your discretion:
You can request repair or replacement, except if fulfilling the claim you chose is impossible or would cause disproportionate additional costs for the business compared to fulfilling another claim. If you did not request or could not request repair or replacement, you can demand a proportional price reduction or repair the defect yourself or have it repaired by someone else at the business's expense, or as a last resort, withdraw from the contract.
You can switch from one chosen warranty right to another, but you bear the cost of switching, except if it was justified or caused by the business.
Within what deadline can you enforce your warranty claim?
You are obliged to report the defect immediately after discovering it, but no later than within two months from the discovery of the defect. However, please note that you can no longer enforce your warranty rights after the two-year limitation period from the contract performance.
Against whom can you enforce your warranty claim?
You can enforce your warranty claim against the business.
What other conditions apply to enforcing your warranty rights?
Within six months from the performance, there are no other conditions for enforcing your warranty claim beyond reporting the defect, if you prove that the product or service was Provided by Green Mentha Limited Liability Company. However, after six months from the performance, you are responsible for proving that the defect you identified already existed at the time of performance.
- Product liability
In what cases can you exercise your product liability right?
In case of a defect in a movable item (product), you can enforce either the right defined in point 1 or the product liability claim, at your choice.
What rights do you have based on your product liability claim?
As a product liability claim, you can only request the repair or replacement of the defective product.
In what cases is the product considered defective?
The product is defective if it does not meet the quality requirements in effect at the time of marketing or if it does not have the properties described by the manufacturer.
Within what deadline can you enforce your product liability claim?
You can enforce your product liability claim within two years from the date the product was put on the market by the manufacturer. After this deadline, you lose this right.
Against whom and under what other conditions can you enforce your product liability claim?
You can only enforce your product liability claim against the manufacturer or distributor of the movable item. In case of enforcing a product liability claim, you must prove the defect of the product.
In what cases is the manufacturer (distributor) exempt from product liability?
The manufacturer (distributor) is exempt from product liability only if it can prove that:
- the product was not manufactured or marketed within the scope of its business activity, or
- the defect was not detectable at the time of placing the product on the market according to the state of science and technology or
- the product defect results from the application of a law or mandatory official regulation.
The manufacturer (distributor) only needs to prove one reason for exemption.
Please note that for the same defect, warranty claims and product liability claims cannot be enforced simultaneously and in parallel. However, if your product liability claim is successfully enforced, you may enforce your warranty claim for the replaced or repaired part against the manufacturer.
GENERAL TERMS AND CONDITIONS (FOR ORDERS FROM THE WEB SHOP) FOR UNIQUE BUYERS NOT QUALIFIED AS CONSUMERS REGARDING PRODUCTS OFFERED BY GREEN MENTHA LTD.
INTRODUCTORY PROVISIONS
The scope of these General Terms and Conditions (hereinafter: "Terms and Conditions") extends to all electronic commerce services provided within the territory of Hungary by Green Mentha Ltd. (hereinafter: "Seller" or "Service Provider") and Provided through the electronic store found on the website kbeautyforyou.hu (hereinafter: "Website") (hereinafter: "Webshop"), exclusively to buyers who are not consumers (hereinafter: "Buyer") who initiated their registration on the Website and whose registration was approved by the Seller.
These Terms and Conditions apply to the Service Provider. The purpose of applying the Terms and Conditions is to establish the contractual terms primarily for the purchase of dried fruits and seeds as products by the Seller to the Buyer.
Contracts concluded for purchases in the Webshop are primarily governed by these Terms and Conditions, as well as Act CVIII of 2001 on certain issues of electronic commerce services, and Act V of 2013 on the Hungarian Civil Code ("Civil Code"). The concluded contract is not registered by the Service Provider; the contract is concluded exclusively in electronic form, in Hungarian, and is not considered a written contract. Hungarian law applies. The Service Provider has not submitted to any code of conduct.
DATA REGARDING THE SERVICE PROVIDER'S IDENTITY AND CONTACT
Company name: Green Mentha Limited Liability Company
Registered office: 2011 Budakalász Szent László Street 57.
Tax number: 24824143-2-13
Mailing address: 2011 Budakalász Szent László Street 57.
Phone contact: +36 70 77 66 820
Email address: hello@kbeautyforyou.hu
Website address: kbeautyforyou.hu
The above data are also the Seller's contact details, suitable for receiving any notifications and communications from the Buyer (primarily legal declarations related to the Terms and Conditions, complaints, etc.).
The Buyer's contact mailing address is the registered office/mailing address provided during registration in the Webshop, unless the Parties have agreed on a different contact address, including especially if the Buyer modifies the relevant data in the Webshop.
The Parties are entitled to modify the contact addresses/persons/numbers at any time as follows:
- In case of changes in the Seller's data, the Seller shall inform the Buyer by amending these GTC, while
- In case of changes in the Buyer's data, the Buyer shall notify the Seller by modifying the data in the Webshop.
DEFINITIONS
Data subject: any natural person identified or identifiable based on any information.
Parties: Seller and Buyer.
Order: the Buyer's unilateral legal declaration by which the Buyer orders Product(s) from the Seller, and which is submitted in accordance with the provisions of these GTC.
Complaint: the Buyer's notification to the Seller of a warranty claim related to the purchased Product.
Delivery address: the physical address provided by the Buyer as the place of receipt of the Products, located within the territory of Hungary.
Delivery note: the shipping document issued by the Seller, which serves as proof of the handover and receipt of the ordered Products between the Seller and the Buyer.
Product: any goods offered on the Seller's website or publications, or goods available for purchase based on individual orders.
Buyer: the person who orders Products electronically from the Seller through the Seller's Webshop or by email in accordance with the provisions of these GTC, and who is not considered a consumer under Act V of 2013 on the Civil Code (hereinafter "Civil Code").
LOGIN TO THE WEBSHOP
Access to the Service Provider's Webshop services requires registration and login, which, according to the provisions of the GTC, is available only to legal entities whose registration initiated through the Website has been accepted by Green Mentha Ltd., and who have accepted the provisions of these GTC as well as the Service Provider's data management policy.
The Service Provider is not liable for damages resulting from the Buyer failing to properly provide their password, or if it becomes accessible to unauthorized persons, or for any reason not attributable to the Service Provider. Only the Buyer is entitled to change previously recorded data. The Service Provider bears no responsibility for any damage or error resulting from changes made by the Buyer to the registered data.
PRODUCT INFORMATION, PRICES, PAYMENT TERMS
The Products offered by the Seller can be viewed in the Webshop. The Buyer expressly acknowledges that the information and specifications related to the Products listed in the Webshop are for informational purposes only. The Seller will answer any questions the Buyer may have regarding the Products through the contact details specified in the contact section of these GTC or via the Webshop's information system.
In view of the above, the Seller does not assume responsibility for the complete updating of the information found in the Webshop, nor for ensuring its timely publication, and therefore the Buyer is not entitled to claim compensation from the Seller for any damage arising from this.
At the explicit request of the Buyer, the Seller will send the quality certificate of the Product the Buyer wishes to order.
Next to the selected product, the net purchase price of the Product is displayed in forints. In case of delivery by courier service, the Webshop also automatically determines the delivery fee.
The Seller reserves the right to deliver to the Buyer a quantity of the ordered Product that does not require opening the packaging (carton) suitable for storing and transporting the Products. Accordingly, the Seller may deliver up to an additional 20 (twenty) percent of the quantity of Products intended to be purchased under the Order, about which the Buyer will be informed in the Webshop or by email before fulfillment.
In addition, the Seller is entitled to unilaterally determine the minimum quantity of each Product that the Buyer can order, which, unless otherwise specified by the Seller, is a minimum net weight of 1 (one) kilogram per Product. The Seller undertakes to deliver a maximum of 120 (one hundred twenty) kilograms net weight of Products per day to one Delivery Address, unless the Parties agree otherwise.
If the desired product is not available on the website, the Buyer may contact the Seller and request a price quote. The Seller is not obliged to provide a price quote, and if the Seller does not respond substantively within 10 (ten) working days, the Seller is not obliged to sell the given Product, and the Buyer cannot enforce their purchase request for that Product.
The Service Provider is entitled to change the purchase price of Products available for order in the Webshop without any time limitation. In case of an incorrectly published price of a given Product in the Webshop, the Service Provider is obliged to notify the Buyer without undue delay after becoming aware of the error that the Product price was published incorrectly. The Service Provider is not obliged to sell the Product at the incorrect price but is entitled to offer the Buyer the purchase of the Product at the correct price. The Buyer is entitled to withdraw from the purchase intention knowing the correct price.
The Buyer fulfills their payment obligation according to the provisions of these GTC.
The purchase price is paid for the actually purchased Products; the invoice is issued electronically after payment in accordance with the applicable laws and sent to the Buyer.
The invoice issued by the Seller is a payment document and tax receipt, the content of which complies with the requirements set out in the applicable laws.
In case of delay in payment by the Buyer, the Buyer is obliged to pay default interest as defined in Act V of 2013 on the Civil Code.
ORDER PROCESS
The Service Provider can only fulfill the Order through the Webshop if the Buyer has accepted the provisions of these GTC and the Buyer has provided all the information necessary for the Order to the Service Provider.
For the purpose of purchasing a Product, the Buyer is entitled to place an Order via email or electronically through the Webshop in the manner specified in these General Terms and Conditions. Orders placed by email are not subject to formal requirements.
The process of placing an Order through the Webshop is as follows:
Order process:
- The Buyer can add the selected Product(s) to the cart in the Webshop using the button labeled "Cart" or "Add to cart," provided the quantity unit and quantity of the Product have been selected in advance for purchase.
- In the Webshop, the purchase can be confirmed by clicking the button labeled "cart" located in the top bar.
- After this, the Buyer can review the ordered Product(s).
- The Buyer can provide the delivery address using the button labeled "continue order" if the Buyer has not registered before. In this case, the Buyer must complete registration at this stage of the Order.
- The Buyer has the option to specify and indicate whether the billing and shipping addresses are the same.
- After this, the Buyer can specify the desired payment method, which may be one of the following:
- in cash, or
- cash on delivery at the time of receiving the Product, or
- by bank transfer to the Seller's account number,
Additionally, the Buyer can select the method of receiving the Product(s) (via courier service or personal pickup at the Seller's headquarters), and in case of delivery by courier, the Webshop calculates the shipping fee based on the ordered items (Products), allowing the Buyer to check for any data entry errors.
After placing the Order, it can be freely modified or canceled without consequences until fulfillment, except in cases defined in these General Terms and Conditions. Order cancellation is possible via email through the contact details specified by the Service Provider in these General Terms and Conditions. If the Buyer does not accept any Product despite fulfillment, they are not obliged to reimburse shipping costs. If the Buyer accepts at least one Product, they must pay the purchase price of the accepted Product(s) and the shipping fee to the Service Provider.
The Service Provider is not obliged to accept the Order even after all information has been provided to the Service Provider and the General Terms and Conditions have been accepted by the Buyer, and no obligation arises to sell or deliver the ordered Product. The Service Provider will inform the Buyer about the rejected Order or refusal of the Order upon explicit request.
The Service Provider shall not be held liable for any delivery delays or other issues resulting from incorrect or inaccurate order information provided by the Buyer. The images shown are sometimes illustrations, and the Service Provider does not take responsibility for any discrepancies from them.
ORDER CONFIRMATION
After receiving the Customer's Order, the Service Provider will first automatically send feedback to the Customer by email within 48 hours confirming that the Customer's order has been received and processing has started. If this automatic feedback is not received by the Customer within 48 hours of sending the Order, the Customer's offer obligation ceases without any further conditions, and the Seller has no obligation to sell or deliver the ordered Product.
The Service Provider expressly draws the Customer's attention to the fact that sending the notification about the start of processing does not mean the Order is fulfillable, and therefore the Service Provider has no obligation to fulfill it. The Customer may request information about the possibility of fulfilling the Order from the Service Provider at any time using the contact details provided in this GTC or through the Webshop.
SHIPPING AND PAYMENT TERMS
The Product ordered in the Webshop can be picked up personally by the Customer or delivered by the Seller using courier service to the Shipping address provided in the Webshop, according to the Customer's choice.
Products ordered in the Webshop will be delivered by the Service Provider to the Shipping address provided by the Customer in the order. The shipping fee will be indicated on the invoice. Orders placed on the same day but at different times will be processed separately, so the shipping fee for the ordered Products must be paid per order unless the Service Provider decides otherwise.
The Service Provider reserves the right to change the shipping fee, with the modification taking effect simultaneously with its appearance on the Webshop. The change does not affect the shipping cost of products already ordered.
Unless otherwise notified in advance by the Seller, the delivery of the ordered and confirmed product generally takes place within 72 hours. The Service Provider will, if possible, consider the Customer's request regarding the delivery time interval. The Service Provider is not able to commit to delivery at a specific time. In the case of a special request or ordering a product not in stock, the Parties will conduct a separate consultation regarding the delivery date. The Customer expressly acknowledges that the Service Provider excludes liability for delayed delivery, and the Customer is not entitled to enforce claims against the Service Provider or any of its suppliers arising from delayed delivery.
ORDER PRODUCT
The Customer is bound to the delivery date for the submitted and confirmed Order. If the Seller does not have the quantity of the ordered Product necessary for fulfillment by the deadline requested by the Customer, the Seller will notify the Customer by email, in which case the Seller is not obliged to sell the given Product, and the Customer cannot enforce their purchase demand for that Product.
The Seller is entitled to reject the Order if the Buyer has not settled all overdue payment obligations to the Seller by the date of the Order.
The Seller is entitled to complete or suspend the delivery of any ordered Product without time limitation, especially but not exclusively if the product is no longer available from the supplier, about which the Seller must inform the Buyer within a reasonable time.
DELIVERY TERMS
The Buyer is obliged to accept the ordered Product(s) and carefully inspect and check the shipment upon receipt. The Seller ensures that the ordered Product(s) are unloaded at the Delivery address specified in the order at a location determined by the Buyer. Upon the Seller's request, the Buyer shall indicate acceptance of the Product by signing the Delivery Note, thereby confirming the quantity of the received Product(s) and their external integrity. The Buyer shall ensure that the confirmation on the Delivery Note includes the exact identification of the Buyer and the full name of the person confirming receipt. It is the Buyer's responsibility that the Product(s) are received by an authorized person.
The Seller considers the person who generally confirms receipt of the Product, or the person authorized to receive shipments at the Buyer's offices in the given case, as the person entitled to receive the Product(s). If the Buyer does not ensure that the designated persons receive the Product(s), the Buyer cannot claim exemption from obligations arising from the Order on this basis. It is the Buyer's responsibility to ensure that the person receiving the Product(s) acts on behalf of and represents the Buyer, and that any legal declarations made by such person directly bind and authorize the Buyer.
If any doubt arises after delivery regarding the Product due to an inaccurate customer Order on the Delivery Note, the delivery of the Product shall be considered properly fulfilled and accepted by the Buyer, unless the Buyer proves that the Seller should have known that the delivery was made contrary to the related Order.
The Buyer is obliged to immediately notify the Seller in writing of any change to the Delivery Location specified for receiving the Product. Until the time of notification, delivery of the Product to the original delivery locations shall be considered proper fulfillment of the contract, and the Seller shall not be liable for any delays or damages arising from such delivery. However, upon the Seller's request, the Buyer is obliged to pay the Seller any additional costs incurred due to the change of the Delivery Location.
At the moment of receipt of the Product confirmed by the Delivery Note (i.e., at the time of handover), the risk of damage passes to the Buyer. Ownership of the delivered and received Products transfers to the Buyer only after full payment of the price of these Products (retention of title).
The Parties are obliged to cooperate in good faith and fairly so that the Seller can fulfill the obligations arising from the GTC. The Buyer must provide the Seller with all information necessary for the delivery of the ordered Products at the time of ordering. The Buyer's delay excludes the Seller's delay (the Buyer's delay has a suspensive effect on the Product delivery deadline).
The Buyer is entitled to cancel or return accidentally ordered Products until the time of fulfillment, provided that the purchase price of the Products does not exceed net HUF 300,000 (i.e., net three hundred thousand forints), and the Products are visibly undamaged, suitable for resale, unopened, and in their original packaging. Under these conditions, the Seller undertakes to accept the return of the Products and refund the purchase price paid for such Products.
The Buyer expressly acknowledges that until the time of fulfillment, they are not entitled to return Products ordered by the Seller based on a unique request or if the purchase price of the Product exceeds net HUF 300,000 (i.e., net three hundred thousand forints), regardless of whether the Buyer placed the Order via electronic mail or through the Webshop to the Service Provider.
The Seller is entitled to involve subcontractors to fulfill the obligations defined in this GTC. In such cases, the Seller is responsible for the fulfillment as if they had performed it themselves.
The Product is delivered to the Delivery address for a fee (delivery fee), which is indicated in the Webshop.
WARRANTY RULES
The Seller is responsible for the quantity and quality of the delivered Products, meaning that the Products must match the order in terms of quantity and quality and comply with the applicable legal regulations.
The warranty periods for individual Products are valid under the storage conditions indicated on the Products and the label, provided the packaging remains unopened. Every Product ordered by the Buyer is a food item that may lose its quality within a short period if proper storage conditions are not ensured; therefore, the Parties bear increased responsibility for the storage and transportation of the Products, during which the Parties are obliged to cooperate closely and provide each other with all necessary information for the fulfillment of the contract.
Under warranty liability, the Buyer may enforce their rights against the Seller by submitting a Complaint, which must be done immediately after detecting the defect, but no later than 5 (five) working days from the receipt of the Products.
The Buyer may refuse to accept the Product if they detect a quantity defect (difference between the quantity on the Delivery Note and the actual quantity received) or a quality defect (Product not suitable for consumption at the time of receipt), or could have detected such defects after receiving the Products. The Buyer must report these defects to the Seller within 5 (five) working days following receipt of the Products by submitting a Complaint. The burden of proof for the defects lies with the Buyer.
A discrepancy between the quantity of Products specified in the Order and the quantity delivered and accepted shall not be considered a defect if the Parties have not excluded partial performance.
The Buyer is obliged to inspect the Products upon receipt to identify any possible defects. It is the Buyer's duty to confirm the received Products and their quantity on the Delivery Note at the time of delivery.
In case of a Complaint, the Buyer shall provide the following data to the Service Provider:
- the name of the Buyer,
- the name and item number of the complained Product,
- the quantity of defective/missing Product,
- a description of the defect or the manner in which the defect manifests,
- the name of the person authorized to act on behalf of the Buyer in this matter,
- the date of receipt of the complained Product and the relevant Delivery Note number,
- date and the Buyer's signature.
The Seller shall endeavor to resolve the Complaint within 30 days from its receipt. The Seller handles the Complaint considering the type of defect by either remedying the missing performance or replacing the defective performance with a flawless one; if this is not possible, the Seller shall refund the Buyer the paid price of the undelivered Products. The Seller shall not be liable for packaging defects of the Products that were not complained about and recorded at the time of delivery and acceptance.
An ongoing Complaint does not entitle the Buyer to withhold payment of the Products' price, unless the Seller and the Buyer mutually agree otherwise.
COMPENSATION
The parties are liable to each other for damages caused by the breach of legal obligations arising from the GTC, except if the affected party proves that, on the one hand, they acted as generally expected in the given case, and on the other hand, the damage resulted from causes excluding liability.
Any event – or series of events – that are beyond the responsible party's proper control, occur independently of the party's will, and prevent the party from fulfilling obligations arising from the GTC shall be considered a cause excluding liability.
The party affected by circumstances excluding liability must immediately notify the other party of their occurrence; otherwise, it loses the right to enforce the consequences of these circumstances. After the circumstances cease to exist, the affected party must immediately inform the other party of the time of supplementary performance.
The Seller shall not be liable for the fulfillment of ancillary obligations securing the contract (e.g., penalty) in cases where the non-performance was not attributable to the Seller or occurred due to circumstances excluding liability.
COPYRIGHTS
The Website and the related Webshop are protected by copyright. The Service Provider is the copyright holder or authorized user of all content displayed on the Website/Webshop: any copyrighted work or other intellectual creation (including, among others, all graphics and other materials, the layout and editing of the Website/Webshop interface, the software and other solutions used, ideas, implementations).
COOKIES
During visits to the Seller's website, a cookie (hereinafter: "Cookie") is sent to the device of the visiting Data Subject, allowing the browser to be uniquely identified.
Cookies primarily operate to automate the login process and enhance the user experience.
The Data Subject can find information about the Cookies used on the Website.
MISCELLANEOUS AND FINAL PROVISIONS
Both contracting Parties are obliged to immediately notify the other Party of any facts not included in these Terms and Conditions that may affect the fulfillment of the obligations arising from these Terms and Conditions.
The Parties may deviate from the provisions of these Terms and Conditions by mutual agreement for each Order separately, individually, in writing or by electronic means considered verbal (electronic mail).
The Service Provider will notify the Buyer of any changes to the Terms and Conditions by email or through the Webshop. The amended Terms and Conditions come into effect when the Seller publishes them on the Website/Webshop.
The Buyer is not entitled to transfer or assign the rights and obligations arising from these Terms and Conditions, either in part or in whole, without the prior written consent of the Seller.
The Seller considers all personal data provided by the Buyer strictly confidential and declares that it handles them in accordance with the applicable data protection laws and its own privacy policy.
The conclusion of these Terms and Conditions is governed by the legal system of Hungary, and in all matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the E-commerce Act, and other relevant legislation shall apply.
These Terms and Conditions are effective from September 1, 2024.
