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 trader (Trader in the following) enlisting the electronic service (Parties in the following)
- 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 offer their product of different kinds of flowers and gifts for the customers (Customers in the following) visiting the webpage. The Customers can inquire about the Traders’ profile and can start purchases that the Trader has to do within delivery time. The Service Provider play an intermediary role in this process, so it cannot control the quality of the Trader’s product or any aspect of it, either the Customers’ real shopping intend. The Service Provider only support the online interface for the Traders and Customers to sell flowers and presents.
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 Trader comes into being concerning only the introduction of the webpage to the Customers, dealing with the orders through the webpage and providing administrative interface for all those for the Traders. The contract concerning sale and delivery comes into being between the Customer and the Trader (exceptions are in the present GTC).
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 the 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
To appear as a Trader on the netflorista.hu/netflorista.com/netflorista.de/netflorista.at/netflorista .co.uk website requires a previous registration. Registration can be possible as a company or a private entrepreneur. The following data are necessary at registration: company name, seat, tax number, e-mail, phone number, surname and first name. Apart from that the Trader has to open a Barion account, and there the Trader has to give the required date according to the Barion’s own general terms and conditions. We kindly remind you that the given data can be changed any time after logging in in the “Change Profile” menu item on the left.
After the registration is completed our company looks through your data and if everything was found in order it confirms the registration and our system informs in an e-mail about the conformation. 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” sign. After giving your registered e-mail address the system sends you the “new password” link which makes the password change possible.
The Trader has to accept the present GTC (GTC or Conditions in the following), the Legal Notice and the Privacy Statement. Furthermore, the Trader has to consent the handling of their given data according to thecurrent 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 Trader can give the necessary approvals with the marking of the appropriate boxes can be found on the registrationinterface. With the marking of the appropriate boxes the Trader declares that they have read and understood all the provisions of the present GTC and Privacy Statement and they acknowledge its provisionsbinding on themselves.
Only the Trader is responsible for the accuracy, actuality and exactness of the given data. The Trader is immediately bound to take care of the modification of anysubsequent changes happened in their given data. The Service Provider excludes any kind of liability concerning the inexactness,erratum or untruth of the data and loaded products given on the website.
The condition of the registration is that the Service Provider accepts it. The Service Provider 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 Trader gives false, insufficient data at registration.
The Trader has the right anytime in writing to ask for deletion of their registration from the site (by e-mail sending it to email@example.com e-mail).
4. Use of the administration interface
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. You can edit the interface of your business as it follows by clicking on the signs (links) in the menu bar found on the left side.
You can give here those areas where you undertake the delivery of your product, or you can give the delivery rates. Normally the Trader does the delivery of the product at the prices given by them. This can be deviated from if the Trader establishes a separate agreement with the Service Provider. In this case the Service Provider undertakes the delivery of products as specified in the separate agreement.
Hungarian Trader is obliged to create a Barion account (so called Barion wallet) for themselves at the time of registration with their required data under this menu item so that the Service Provider can pay the price of the products which entitled to them.
The Trader is obliged to give the allocation data after the registration. They are necessary for the payment of the ordering fee entitled to them by the Service provider.
The Trader is obliged to fill in the invoicing data. These data are important for the platform usage commission; our company will issue the invoice for this address about the commission paid by the Trader. Please note that invoicing for Customers is the Trader's responsibility in all cases.
Under this menu item the Trader is able to set the opening hours of his business or the time interval in which they undertake the delivery on the given day.
The details of the incoming orders which come from the Customers for the Trader appear under this menu item. This menu item is automatically updated in every (5) five minutes but its current tracking is the task of Trader all the time. Apart from that The Service Provider sends a written confirmation to the Trader, calls for attention in e-mail in case of new incoming orders.
The Parties agree that the information appearing under the “Orders” menu item is authoritative about the current orders all the time. Inasmuch due to any inner or outer unavoidable reason, uncontrolled by the Service Provider, the Trader does not receive the e-mail notice,the Service Provider cannot be held liable for that.
Under this menu item the Trader can load the product offered by them, flowers with their given parameters such as the name of the product, its description and price.
The customers who have already placed their orders to the Trader appear under this menu item together with their data given at the time of purchase.
The Trader is obliged to list the products at gross price at all times. Furthermore, the fee of delivery is displayed under the name of the product which is also determined in gross amount and which is to pay over the price of the product together with the order as a plus. The prices are established in the Trader’s legal currency in all cases. In addition, it is possible to offer the product at a discounted price or even for free using the “Holiday pricing” menu item. The Traders can always be free to exercise the right to change prices. The price changes come to life when they appear online on the website’s interfaces.
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 Trader’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 Trader is obliged to negotiate all this with the Customer immediately after the order on the contacts given to them at the placement of the order.
6 Order, contract coming into being
The Customer can place their order on the netflorista.hu/netflorista.com/netflorista.de/netflorista.at/netflorista.co.uk site by following technical steps building on one another. After sending it, the order sent by the Customer counts as a disclaimer for contract. The e-contract comes into being when the payment has been made by the Customer.
Considering that the Service Provider acts as an intermediarythe Service Provider shall not be liable for the Trader's any possible incompliance or for any defective fulfilment as the contract comes about between the Trader and the Customer. The Service Provider only grants the online interface necessary for the contracting according to the present GTC. The Trader is fully responsible in case of inadequate fulfilment. Likewise, the Service Provider is not liable in the case when the Customer refuses to accept the ordered product for any reason, is not available or wrong delivery address is given and cannot be found there.
Delivery is normally carried out by the Trader. 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 as well as for incorrect delivery data for whatever reason provided by the Customer.
The Service provider can deal with the delivery under a separate agreement. For that the Trader is obliged to conclude a separate written contract with the Service Provider under the terms and conditions specified therein. The Trader can contact the Service provider with this kind of demand on the firstname.lastname@example.org e-mail address. The Service Provider shall contact the Trader immediately after receiving such e-mail for agreeing on the details and concluding the separate agreement. However, it shall not impose any obligation on the Service provider before it is signed by both partners.
8 Pay-off between Service Provider and Trader
The Parties record that the customer can pay by bank card for the orders online, on the Barion interface with Barion wallet or through Adyen's system with the payment methods they have provided. Thus the price of purchased products will be charged to the Service Provider at its virtual account at Barion from where the charge can be transferred within 2 (two) business days to the Barion account of the Hungarian Trader if it can be seen on the administrative interface that the order has been properly closed, it has been completed. The price of purchased products is transferred via the Adyen system of the Service Provider to the Trader's bank accountwhich will be automatically transferred to the Trader's account after successful delivery after fulfilment. This may take a few days depending on the banks.
The Parties agree that the Service Provider performs its mediation activities in the present GTC for a gross 20% commission from the gross product price. This commission is deducted from the purchase price of the products and thus the Service Provider pays 80% of the all times current purchase price to the Trader. If the delivery is made by the Trader, it pays 80% of the total income to the Traderwhereas, if the delivery is carried out by the Service Provider, it pays only 80% of the purchase price of the product to the Trader. The Service Provider will always issue a bill to the Trader for the deducted 20% commissionwhich will be forwarded as an electronic invoice to the e-mail address given at registration. The Service Provider is entitled to give the customer a maximum 20% discount on the price of the product, in addition to its 20% commission. In this case, the system will calculate the 20% commission from the reduced price.
9 Essential properties of the subject of the contract
The Trader agrees and acknowledges that the electronic contract concluded between them and 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 Custome, the languages of the contract is Hungarian, German or English.
The features of the selected product can be found in detail on the information page of the specific product for Customers. The Trader is therefore obliged to specify theseaccurately and always up to date in the descriptions in the "Products" menu item. The features and composition information on the information page are informative, and the images may differ from the actual ones.
10 Withdrawal, warranty
The Customer is not entitled to a right of withdrawal neither to the Service Provider nor to the Trader 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 in written declaration 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.The withdrawal declaration is forwarded by the customer to the Service Provider who undertakes to forward it to the Trader within 2 (two) business days after receiving it. The Trader declares with the acceptance of present GTC and agreesthat the Service Provider immediately provides the contact details of the Trader to the Customer for direct contact and consultation.
The legal effects of withdrawal / cancellation
If the Customer withdraw from this contract, immediately, but within 14 (fourteen) calendar days from the receipt of the withdrawal notice as the latest, the Trader is obliged to return the completed consideration (except those additional costs incurred by the Customer choosing a mode of transport other than the cheapest freight offered by the Trader)A payment method identical to the payment method used in the original transaction shall apply during the refund,unless the Customer especially agrees to use another form of payment.Due to the use of this refund method, the Customer cannot be charged with any additional costs. The refund may be withheld by the Trader until the product has been returned orthe Customer has not verified that they have returned it: the previous date must be taken into account from the two of them.
10 Liability of defect, product liability
- Liability of defect
The Trader agrees and acknowledges thatin case of ordering a product with a defective delivery a liability of defect claim may be probated against the Trader by the Customer according to the rules of Civil Code.
The Customer may, by their choice, have the following liability of defect claims:
They can ask for repair or replacement, except if it is impossible to meet the demand they have chosen or itwould 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 they can claim the proportional reduction of the consideration or the fault can be repaired by the Customer 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 - they can also withdraw from the contract. The Customer can also switch from their right of liability of defect to another but the expense of switching has to be paid by them except if it was well-founded or the Trader gave reason for that.
The Customer is required to report the fault immediately after detection, but not later than within two months from detection, which the Service Provider shall immediately forward to the Trader or rather we give the Trader’s contacts to the Customer for further reconciliation. The liability of defect can no longer be enforced beyond the two-year limitation period from compliance.
The Customer can only enforce their 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 the Customer certifies that they bought the product on the netflorista.hu/netflorista.com/netflorista.de/netflorista.at/netflorista.co.uk website and from which Trader they bought it. After six months from compliance the Customer also has to prove that the fault recognized by the customer had already existed at the time of delivery.
In turn the Customer 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.
In addition, according to the Customer's choice if a fault occurs with the movable item, they may have product liability claims against the manufacturer or distributor of the product.
11 Data protection
The Netflorista Kft. hereby informs you that your personal data are stored for six years from the order in order to prove the fulfilment of the contract and later to prove the terms of the contract. If you have given your name, address and e-mail address during your registration and if it was requested by ticking the relevant box at the time of registration, Netflorista Ltd will inform you later about its actions and novelties. By ticking this box, you will also voluntarily agree / which can be withdrawn at any time / to inquiries as described in this section and also to that that the Netflorista Ltd store your name, address and e-mail address until the withdrawal of the permission notice. Please send us your possible withdrawal either by mail or e-mail in such way that your and the e-mail where you would not like to get information letter anymore can be identified unequivocally. You can request information based on the law about the handling of your personal information. You can request your data to be modificied, deleted or blocked. We will respond in writing to you regarding your data handling and data transfer as soon as possible, but not later than 30 days. We will notify those about your request for modification, cancellation, or blocking for whom the data were previously transmitted for data management. If you do not agree with the way your data is handled, you can turn to the National Authority for Data Protection and Freedom of Information on the base of the law of 2011/CXII. or tyou can ecxercise your rights in court under the Civil Code. Further detailed privacy policies are contained in the Privacy Statement.
12 Legal background
- The 2013 V Act on the Civil Code
■ The 45/2014.(II.26.) Gov. regulation on the detailed rules of contract between consumer and enterprise
- The 1997 CLV. Act on consumer protection
13 Related websites
There are or there can be such links on the website which direct you to such foreign websites on 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 Traders agree to the present terms and conditions of use of the websiteby accessing the site, using it or by registering and they acknowledge using the website at their own risk.
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 whichare 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 Trader is responsible for all data loss, malfunction and/or damage in the device using the service concerning the use of website including the failure involving computer viruses.The Service Provider recommends in connection with the use of the website that the Traders 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 Trader knows the technical and technological limitations of the Internet and they accept theerror possibilities with the technology. The Trader is responsible for protecting their computer and the data contained therein.
The Trader 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.
15 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 Trader, 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 andthe Service Provider notifies the Traders via the website. The possible modification will take effect at the same time as it appears on the website.
The Trader is obliged to review any possible modifications to the GTC from time to time. In that case if the Trader 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.
16 Miscellaneous ordinances
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 responsibleto decide on any questions arising from the present GTC. 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 Trader 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.