General Terms and Conditions (GTC)
The present General Terms and Conditions (GTC in the following) contains the rights and responsibilities of Netflorist Ltd. (seat: 13 Kinizsi Pál street, Győr, 9030; Service Provider in the following) and the customer (Customer in the following) enlisting the electronic service (Parties in the following)
1 General data
The netflorista.hu/netflorista.com/netflorista.de/netflorista.at/netflorista.co.uk is a website where flower/gift traders (Trader in the following) can create product uploads for different kinds of flowers and gifts. The Customers can inquire about the Traders’ profile on the website and can start purchases that the Trader has to do within delivery time. The Service Provider play a mediator role in this process, so it cannot control the quality of the Trader’s product or any aspect of it. The Service Provider only support the online interface for the Traders and Customers to sell flowers and presents.
Thus the presents and products on the netflorista.hu/netflorista.com/netflorista.de/netflorista.at/netflorista.co.uk website always change or can change. The Service Provider definitely pursues displaying current offers on its interface all the time. However, since the description of particular products and services is independent of the Service Provider, it comes from third parties - from the Traders -, therefore the Service Provider does not take responsibility for its content, excluding its liability for damages in connection with this.
The netflorista.hu/netflorista.com/netflorista.de/netflorista.at/netflorista.co.uk website is operated by our company as a service provider, based on the law of 2001/CVII (Ektv in the following) which is about certain questions of the electronic commerce services and the services in connection with information society. The contract between the Service Provider and the Customer will only be used for the dispatch and handling of orders, the contract concerning sale and delivery comes into being between the Customer and the Trader.
Compulsory data service for our company obligated in the fourth paragraph of Ektv can be found in the second point.
The security level of our webpage is sufficient, its use does not mean any risk for our customers. However, we suggest the following measures of precaution: use of virus and spyware security software with fresh database and installation of security updates for your operating system.
2. Informative data
company name: Netflorista Ltd.
seat: 13 Kinizsi Pál street, Győr 9030
company register number: 08-09-029486 (by the Tribunal Court of Registration, Győr)
tax number: 26168865-2-08
statistical number: 26168865-4791-113-08
bank account number: 11600006-00000000-80401564
representative: Várhegyi Viktor Dániel manager
Data management entry number issued by the National Authority for Data Protection and Freedom of Information: NAIH-132592/2017
3. Order process and purchase conditions when ordering over the Internet
We were at pains to build up the administration interface of netflorista.hu/netflorista.com/netflorista.de/netflorista.at/netflorista.co.uk website such way that its use would be convenient and possibly simple. By clicking on the caption (links) in the top menu bar you can see the basic information about the store and the registration / login window,and you can find company data, contact in the footer at the bottom of the page, as well as customer information.
The Customer has the option to choose from or order from the products uploaded by the Traders. The Customer can see more details of the selected product by clicking on it. In the event of a purchase, you put the product you want to buy in a virtual basket by pressing the "To Basket" button. By clicking on the Basket you will find products that are placed into the basket during shopping as well as the total amount of the invoice and the delivery cost. Here you can check the correctness of your order, with particular regards to prices and quantities which can be modified and corrected as needed. The basket automatically calculates the total amount of the order.
The filter options can be found on the left of the product presentation page which will show the list of products you have set after giving the conditions and clicking on the “Search” button.
You can buy without registrationon the website so there are three options to choose from:
you would like to enter as a registered customer
you want to register as a new customer
you may want to buy without registration.
If you have already purchased on our website earlier than you will need to enter the email address and password, you gave during the previous registration. If you would like to register as a new customer,then you have to provide the information you need to purchase which are stored by the system and you just have to sign up for the next purchase. For purchase without registration it is enough if you enter your data, invoicing and delivery address after selecting the product.
The payment on the website is done by credit card online payment or by the "BARION wallet" mode through the secure Barion system or through PayPal payment service in case of payment outside Hungary.
If you agree with the content of the order, then click the "Order" button to submit your order.
The technical steps - built on one another -, required to conclude the contract are automatically offered to our Customers by the system. The Customer can interrupt the process at any time until the order is sent. Our Customers have the opportunity to check the data they enter prior to sending the order and they can correct any incidental data entry errors. The order sent by our Customers is considered as a legal declaration for contract. The e-contract comes into being when the confirmation of the order by us arrives at our Customer partner accessible by them. If it does not arrive within 48 hours of sending the order the Customer shall be exempt from the offer validity.
4. Login and Registration
Login can be possible with the e-mail address and the password given at registration. Registration can be possible as a company or a private person. The following data are necessary at registration as a private person: surname, first name, invoicing and delivery address, phone number and e-mail address. In case of company registration, the tax number is also required. We kindly remind you that the given data can be changed after logging in in the "Account" menu item. You can choose the proper delivery address at the time of finalizing your order, but an order can only be delivered to one delivery address.
After the registration is completed, the system will automatically log you into the system, where you can start ordering immediately. In case you have already registered in our web shop but you have forgotten your password it is enough if you click on the “Forgotten password”. After giving your registered e-mail address the system sends you the “new password” link which makes the password change possible.
The Customer has to accept the present GTC (GTC or Conditions in the following), the Legal Notice and the Privacy Statement. Furthermore, the Customer has to consent the handling of their given data according to the current legislations. You can read more about data service and the handling of the given data (including the sending of direct marketing messages as well) in the Privacy Statement. The customer can give the necessary approvals with the marking of the appropriate boxes can be found on the registration interface. With the marking of the appropriate boxes the Customer declares that they have read and understood all the provisions of the present GTC and Privacy Statement and they acknowledge its provisions binding on themselves.
Only the Customer is responsible for the accuracy, actuality and exactness of the given data. The Customer is immediately bound to take care of the modification of any subsequent changes happened in their given data. The Service provider excludes any kind of liability concerning the inexactness, erratum or untruth of the data given on the website.
The condition of the registration is that the Service Provider accepts it. The Service Provider the reserves the right to refuse the registration at any time without any justification. It can be withdrawn at any time in case of any user abuse, especially at that time when the Customer gives false, insufficient data at registration.
The Customer has the right anytime in writing to ask for deletion of their registration from the site (by e-mail sending it to firstname.lastname@example.org e-mail).
Any products listed on the website is free of charge exclusively if it is separately indicated. Otherwise the Customer has to pay the amount shown therein in all cases in order to use it. Our company is free to exercise the right to change the price. The price changes come to life when they appear online on the website’s interfaces. The prices quoted are always shown in gross amount. The prices in all cases are established in the legal currency of the given country where the chosen Trader operates. The prices quoted also include home delivery costs which is shown separately. The discount pricesare always valid up to the stock or the duration of the action
In so far as an incorrect price appears (with particular regard to the obvious mistake, for example it is significantly differs from the well-known, generally accepted or estimated price, perhaps “0” forint or “1” forint appears or it is in foreign currency due to system error) on the web shop’s interface despite the Service Provider’s all due care then the Trader is not obliged to deliver the product on incorrect price. Nevertheless, the delivery on the correct price can be offered and in the knowledge of that the Customer may withdraw from their intention to purchase.
The Service Provider guarantees that if the price given by any Trader on netflorista.com website is higher than the price indicated on the Trader’s own other interfaces, than the Trader is obliged to provide the customers with the products in the web shop at a lower price applied by them on other interfaces.
d,) THE “BASKET”
Placing the product into the basket
The data sheet of the product shows the gross price for the product and the gross delivery cost.The delivery cost may vary by product. The amount you want to order – it is by default 1 - can be changed to the desired quantity. The product can be placed into the basket by pressing the “INTO THE BASKET” button. You can order more products from one Trader at a time. You cannot order more products from more Traders at a time. Other useful information will also appear on the product sheet such as the features of the product and the selection of the estimated delivery time.
Operations with the basket
If you have completed your purchase and would like to order the selected products or you would like to change the content of the basket, then click on the basket on the left side and remove the products with the X icon.
5 Delivery Information:
Delivery is carried out by either the Trader or the Service Provider. If the delivery is carried out by the Trader the Service Provider assumes no responsibility or is not liable for it or for its possible delay. If the delivery is carried out by the Service Provider than the deadline is 0-3 working days from the confirmation of the order within which we will send the product to the address given at the time of order.
6 Payment Information:
The prices listed on the website are at gross price at all times. Besides the cost of delivery is displayed under the product which (also listed at gross price), which is to pay over the price of the product together with the order as a plus.
7 Essential properties of the subject of the contract
The electronic contract concluded between the Trader the Customer cannot be considered as a written contract so it will not be filed and will not be available on a paper basis later. That is the electronic contract concluded between the Trader and the Customer, the languages of the contract can be Hungarian, German or English.
The features of the selected product can be found in detail on the information page of the specific product. The features and composition information on the information page are informative, and the images may differ from the actual ones. The purchase price is always the gross price indicated at the selected product, the prices indicated are not considered direct price offer. Please note that we will not be liable for any damages resulting from possible erratum or incorrect data.
We will do our best to keep product information in the web shop (price, packaging, parameters, etc.) up to date and accurate. Stocks are constantly changing with the Traders therefore it might happen that we cannot deliver the ordered and confirmed product or just on a significantly higher price. In this case we will inform the Customer in writing about this, consulting about the further existence or withdrawal of the order. If the order is withdrawn based on the above and the purchase price has already been paid, the full amount will be returned to the Customer's account within 15 days of the failure. We will not be liable for damages that may result from failure to fulfil the order.
In case of a consumer complaint, please contact our colleagues. You can report any complaints that may arise on the customer service telephone number (+36-30-431-08-64) from 9:00 until 16:00 from Monday to Friday or in writing at the email@example.com address.
You can find our contact information under the "Contact" sign in the footer of the website.
8 Withdrawal, warranty
The Customer is not entitled to a right of withdrawal neither to the Service Provider nor to the flower shop when ordering flowers or foodstuffs or other products intended for everyday consumption given that the use of the service is done immediately by pressing the order button and also given that these goods are considered to be perishable or short-lived products.
Otherwise, the Customer has the right to withdraw from the contract without any explanation to the Trader within 14 (fourteen) calendar days in case of ordering the product. The withdrawal /notice period shall expire 14 days after the date on which a third party other than the carrier indicated by the Customer or the Customer takes over the product.
If you wish to exercise your right of withdrawal / cancellation you have to send your clear statement of withdrawal / cancellation intend (for example by mail, fax or mail sent electronically) to the following address: Netflorista Ltd, address: 13 Kinizsi Pál street, Győr, 9030, e-mail: firstname.lastname@example.org, telephone number: +36304310864, which has to be forwarded to the Trader by Service Provider within 2 (two) business days or the contact details of the Trader have to be given immediately to the Customer for direct contact and further consultation.
You exercise your right of withdrawal / cancellation in term if you send your withdrawal / cancellation declaration before the expiry of the deadline mentioned above.
Based on the above mentioned regulation, the right of withdrawal is not granted to the Customer in the following cases:
In the case of such product,
■ which has a price depending on money-market movements and fluctuations cannot be controlled by the Trader
■ which has been produced for the request of the Customer according to their specific need
■ in case of rapidly deteriorating foods,
■ in case of such sealed packaging products which cannot be returned after unsealing which followed the transfer for health or hygiene reasons
■ in case of sound, images or software, if the packaging is opened.
The legal effects of withdrawal / cancellation
If You withdraw from this contract, immediately, but within 14 (fourteen) calendar days from the receipt of your withdrawal notice as the latest, the Trader is obliged to return the completed consideration fulfilled by You (except those additional costs incurred by You choosing a mode of transport other than the cheapest freight offered by us). A payment method identical to the payment method used in the original transaction shall apply during the refund, unless You especially agrees to use another form of payment. Due to the use of this refund method, You cannot be charged with any additional costs. The refund may be withheld by the Trader until the product has been returned or You has not verified that you have returned it: the previous date must be taken into account from the two of them.
So You are obliged to send back or hand over the product in undamaged packaging, unused to the Trader’s contacts given by us within them to the given postal address without undue delay but within 14 (fourteen) calendar days from your withdrawal statement as the latest. The time limit is considered to be fulfilled, if the product is sent before the expiry of the 14 (fourteen) day deadline. You will bear the direct costs of returning the product, including the delivery cost.
9Liability of defect, product liability
■ Liability of defect
In case of ordering a product with a defective delivery a liability of defect claim may be probated against the Trader by You according to the rules of Civil Code.
You may - by your choice - have the following liability of defect claims:
You can ask for repair or replacement, except if it is impossible to meet the demand You have chosen or it would have a disproportionate additional cost for the Trader compared to the fulfilment of another requirement. If no repair or replacement was requested or it could not be required so You can claim the proportional reduction of the consideration or the fault can be repaired by You or can have been repaired by someone else for the expense of Trader for as much as the Trader did not undertake any repairs or replacements or – falling all else - You can also withdraw from the contract. You can also switch from your right of liability of defect to another but the expense of switching has to be paid by You except if it was well-founded or the Trader gave reason for that.
You are required to report the fault immediately after detection, but not later than within two months from detection, which we shall immediately forward to the Trader or rather we give the Trader’s contacts to You for further reconciliation.At the same time, please note that the liability of defect can no longer be enforced beyond the two-year limitation period from compliance.
You can only enforce your liability of defect claim against the Trader.
There are no other conditions for enforcing liability of defect claims beyond reporting the fault within six months from compliance if You certifies that You bought the product on the netflorista.hu/netflorista.com/netflorista.de/netflorista.at/netflorista.co.uk website and from which Trader. After six months from compliance You also have to prove that the fault recognized by You had already existed at the time of delivery.
In turn You can be held liable for any loss of value in the product if that happened because of the usage which exceeded the usage necessary to the nature of the product, its properties and its functioning. Pay special attention to the intended use of the product because the damages caused by improper use are borne by the Customer!
■ Product liability
In the case of a defect of a movable item (product) You - at your option - can claim the right of liability of defect or product liability as it is as specified above.
As a product liability claim You can only request the repair or replacement of the defective product. The product is defective if it does not meet the quality requirements in force when it is placed on the market or if it does not have the features specified in the description given by the manufacturer.
You can validate your product liability claim within two years of the product being placed on the market by the manufacturer. After this deadline, you will lose your entitlement.
You may only claim your product liability against the manufacturer or distributor of the movable item.You have to prove the defect of the product when claiming product liability.
The manufacturer (distributor) is only exempted from his product liability obligation, if they can prove that:
- the product was not manufactured or placed on the market within their business activities or
-the error was not recognizable according to the state of the science and technology at the time of placing the product on the market or
- the defect of the product comes from applying legislation or mandatory regulatory requirement.
It is sufficient to prove one reason to exempt the manufacturer (distributor).
I call your attention that you cannot enforce liability of defect and product liability claims at the same time parallel due to the same defect. However, in the event of a successful validation of your product liability claim, You can claim the liability of defect claim for the replaced product or the part repaired against the manufacturer.
10 Data protection
11 Customer objection
If the Customer has a complaint about our serviceit can be reported in writing or by telephone orally at our company's customer service mentioned at point 2.In the event of a qualitative objection to the good the Customer can contact the Trader with that.The Service Provider shall not be liable for the quality of the goods delivered due to the nature of the intermediary service provided by them. If the Customer does not agree with the handling of the complaint or the immediate investigation of the complaint is not possible then the Service Provider has to record the minutes immediately about the complaint and their position in connection with it, and a copy of that
a) has to be given to the Customer in case of a personal oral complaint
b) has to be sent to the Customer together with the meaningful answer at the same time as the latest in case of oral complain using telephone or other electronic communications services.
The record of the complaint has to include the following:
a) the Customer’s name and address
b) the place, time and mode of the submission of the complaint,
c)the detailed description of the Customer's complaint, a list of papers, documents and other evidence presented by the Customer,
d) the Service Provider's statement on the Customer's complaint regarding the complaint if the complaint can be immediately investigated,
e) the signature of the person who recorded the minutes and – except oral complain using telephone or other electronic communications services - the Customer's signature,
f) the place and time of recording the minutes
g) the unique identification number of the complaint in case of oral complain using telephone or other electronic communications services.
The Service Provider has to answer the written complaint in writing and arrange for it to be communicated within thirty days of its receipt. The Service Provider has to state its reasons for rejecting the complaint.
If the way of settling the objection differs from the Customer's request its justification has to be given in the minutes. A copy of the minutes has to be passed to the Customer. If the Service Provider cannot declare on the feasibility of the Customer's claim when announcing it,they must notify the Customer within three business days at the latest.
12 Conciliation Board
The out of court proceedings is within the competence of the Conciliation Board concerning a dispute on the quality of service and the conclusion and performance of a contract between the parties (consumer dispute in the following): for this reason, attempting to create a settlement, and in case of failure, making decision on the case, ensuring a simple, fast, efficient and cost-effective enforcement of consumer rights. The Conciliation Board shall advise the Customer or Service Provider for their request about the Customer's rights and the obligations of the Customer.
The conciliation board competent for the Customer's place of residence is primarily authorized for agreements concluded with the Service Provider. In the absence of this, it is the conciliation board competent for the seat of the Service Provider, the independent Conciliation Board operating at the Budapest Chamber of Commerce and Industry (seat: 99 Krisztina krt. Budapest 1016, e-mail address:email@example.com./fax: (+36-1) 488-2131, (+36-1) 488-2186)
Customers can contact this organization to settle disputes with the Service Provider.
- The Act V of 2013 on the Civil Code
■ The 45/2014. (II.26.) Gov. regulation on the detailed rules of contract between consumer and business
- The 1997 CLV. Act on consumer protection
■ The regulation No 2016/679 of the European Parliament and the Council (EU) of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free flow of such data, and the repealing regulation No 95/46/EK (General Data Protection Regulation or GDPR).
14 Related websites
There are or there can be such links on the website which direct you to such foreign websites if the Interned that are not under the control and supervision of the Service Provider. These websites are owned and managed by third parties. The contents of such websites are by no means belong to the Service Provider's guarantee or approval for the data and information provided therein. The Service Provider does not accept any liability or warranties on the information, privacy statement, registration or any other content provided on such websites.
All Customers agree to the present terms and conditions of use of the Website by accessing the site, using it or by registering and they acknowledge using the website at their own risk and they declare that they have reached 18 years of age.
The Service Provider shall take all reasonable measures to ensure the safe operation of the website. However, they will not take any responsibility for any damages which are originated from the existence, use, inability to use, the inadequate operation or failure of the website, pause of all or part if it – even without prior notice –, or full stop, the deletion of content available on the website, line or system failure, possibly computer viruses carried by it, as well as spy and other harmful programs or unauthorized alteration of data by anyone.
The Customer is responsible for all data loss, malfunction and damage in the device using the service concerning the use of website including the failure involving computer viruses. The Trader recommends in connection with the use of the website that the Customers will take all necessary precautions, use virus and spyware protection software with a fresh database, install the security updates of operating system. Registration on the website assumes that the Customer knows the technical and technological limitations of the Internet and they accept the error possibilities with the technology. The Customer is responsible for protecting their computer and the data contained therein.
The Customer is required to refrain from attempting to improperly enter the site's surface, its servers and networks or any other computer system and network which connects to the website.
If the Service Provider does not enforce any provision in the present GTC, it does not mean waiver from the future validation of the provision or from the right contained therein.
16 Modification of terms
The Service Provider reserves the right to modify the services provided through the website and to modify the present GTC unilaterally, to pause it or permanently discontinue it with the proper information of the registered Customer, furthermore to change the content of the website at any time without prior notice or to delete it.
If the Service Provider modifies the present GTC, the revised version of the GTC will be displayed on the website in each case and the Service Provider notifies the Customer via the Website. The possible modification will take effect at the same time as it appears on the website.
The Customer is obliged to review any possible modifications to the GTC from time to time. In that case if the Customer continues to make use of the services of the website after the modifications have been made, it means that they accept the changes and agree with them.
The present GTC shall be interpreted and performed in conjunction with the rules of Hungarian law, it is governed by the Hungarian law. The competent Hungarian courts are solely responsible to decide on any questions arising from the present GTC. The Parties therefore specify the exclusive authority of the Hungarian courts. Invalid, ineffective, void or unenforceable parts of the GTC shall not affect the validity, legitimacy and enforceability of other provisions of the GTC.
The relationship between the Customer and Service Provider - in addition to the legal provisions in force - is governed solely by the provisions of the present "GTC", "Privacy Statement" and "Legal Notice".
In the event that anything contained on the website is inconsistent or incompatible with the present GTC, the latter enjoys priority, except if legislation does not allow this.