General Terms and Conditions (GTC)
These General Terms and Conditions – hereinafter referred to as: “GTC” – Beáta Teréz Durnea, sole proprietor, hereinafter referred to as: “Service Provider” – services, products and website usage – hereinafter referred to as: “Service” – regulates the conditions of its use.
Please read this document carefully before finalizing your order, because by finalizing your order you agree to the content of this GTC!
If you have any questions about these General Terms and Conditions, the use of the website, the individual products or the purchase process, please contact our colleague at the contact details section.
Service provider (Seller, business) data:
Name: Beáta Teréz Durnea
Headquarters: 6131 Szank, Petőfi Sándor street 32.
Postal address: 6131 Szank, Petőfi Sándor street 32.
Registration number: 55130925
Tax number: 56483518-1-23
Phone number: +36 70 571 70 72
Website: www.borbolyabolt.hu
Bank account number: 11600006-00000000-94110313
Hosting provider details:
Name: Shopify International Limited
Headquarters: 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland
E-mail address: support@shopify.com
Concepts:
Parties: Jointly the Seller and the Buyer
Consumer: natural person outside the scope of his/her profession, self-employment or business
Consumer Contract: is a contract in which one of the subjects is a consumer.
Website: this website for the conclusion of the contract
Contract: A sale and purchase agreement concluded between the Seller and the Buyer for the use of the Website and electronic mail
Means of communication between absentees: means suitable for making a contractual declaration in the absence of the parties in order to conclude a contract. In particular, such tool may be a form without addressee or address, standard letter, ad with order form attached to a newspaper, catalogue, telephone call, telefax, or any tool providing access to the Internet.
Contract signed between the absentees: a consumer contract concluded in respect of the product or service subject to the agreement, within the framework of distance selling without the simultaneous physical presence of the parties, where the contracting parties exclusively use distance communication tools for the conclusion of the agreement.
Product: any marketable movable property included in the offer of the Website and intended for sale on the Website, which is the subject of the Contract
Entrepreneurship: persons acting in the course of their profession, self-employment or business
Customer/You: the person concluding the contract making the purchase offer through the Website
Warranty: In the case of contracts concluded between the consumer and the company (hereinafter referred to as: consumer contract), pursuant to the Civil Code, it is a warranty:
a) undertaken for the performance of the contract, which shall be undertaken by the company in order to fulfill the contract, in addition to the legal obligation, or in the absence of thereof, and
b) statutory warranty
Applicable law
The Contract is governed by the provisions of Hungarian law and in particular by the following laws:
- Act CLV of 1997 on Consumer Protection
- Act CVIII of 2001 on certain aspects of electronic commerce and information society services;
- Act V. of 2013. on the Civil Code
- 151/2003. (IX.22.) Government Decree on compulsory guarantees for durable consumer products
- 45/2014. Government Decree 45/2014 (IV.29) on the detailed rules governing contracts between consumers and companies;
- 19/2014. Ministry for National Economy Decree 19/2014 (IV.29) on the procedural rules for administering guarantee and warranty claims on movable properties (products) sold to consumers.
- Act No. LXXVI. of 1999 on Copyright
Regulation (EU) 2016/679 of the EUROPEAN Parliment and of the COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Regulation (EC) No 95/46 (General Data Protection Regulation)
The scope and acceptance of the GTC
Any technical information not included in this GTC are available in the information provided on the website.
Before finalizing your order, you are required to read the provisions of these GTC.
By placing your order via our online shop, you accept the provisions of this GTC, which GTC shall be an integral part of the contract made between you and the Seller.
Language of the contract, form of the contract
The language of the contracts covered by these GTC is Hungarian.
Contracts concluded under this GTC shall not be considered written contracts, and therefore they shall not be filed by the Seller.
Our company uses electronic invoices in accordance with Section 175 of Act CXXVII of 2007. By accepting these GTC, you consent to the use of the electronic invoice.
Prices
The products on this website are subject to tax exemption, that is, the prices shown next to them do not include VAT. In addition, they do not include the shipping cost, which is added to the price of the products at the last stage of the order. The displayed products may exclusively be ordered online. The prices displayed for the products are in HUF. Shipping costs include packing costs. If a promotional price is introduced, the Service Provider will fully inform the Users about the duration of the promotion.
Procedure in case of incorrect price
Obviously incorrect price consist of:
- HUF 0 price,
- price reduced by a discount, but incorrectly indicating the discount (e.g. in the case of a 1000 HUF product, the 20 % discount is indicated and the product offered for 500 HUF).
Information on the essential characteristics of products
On the website, we provide information about the essential characteristics of the products that can be purchased in the descriptions of each product, and we display a photo of the products. The color and pattern of the products displayed on the product page is unique for each product. We are not responsible for the difference between the image displayed in the webshop and the actual appearance of the product.
Correction of data entry errors - Responsibility for the reality of the data provided
You have the opportunity to change the data you have entered continuously during the order process before finalizing the order. Please note that it is your responsibility to enter the data accurately, because the product will be invoiced and delivered based on the information you submittedh. By placing your order, you acknowledge that the Seller shall be entitled to pass on to you any of its damage and cost resulting from your incorrect or inaccurate data entry. The Seller shall exclude liability for performance based on inaccurate data entry.
Using the website
Purchasing on the website is not subject to registration.1. Product Selection
By clicking on the product categories on the website you can select the desired product line, and the individual products. By clicking on each product, you will find the photo, description and price of the product. In case of purchase, you will have to pay the price displayed on the website. Each product is illustrated by a photo. Any accessories or decorative items are not part of the product, except it is otherwise indicated in the product description. Please note that we may not be made liable for any typographical errors or incorrect data!
2. Add to cart
After selecting the product, you can add any number of products to the cart by clicking on the "Add to cart" button, without incurring any purchase or payment obligations, as adding them to the cart does not constitute an offer. It is recommended that you place products in the shopping cart even if you are not sure if you wish to purchase that product, as in this way you can overview the selected items with a single click, and you may view them and compare them displayed in one single screen. The contents of the Cart can be freely modified until the finalization of the order - until the "Order" button is pressed -, any products can be removed from the cart, any additional products can be added to the cart, or the desired product number can be changed.
3. View Cart
When using this website, you may view the items in the Shopping Cart by clicking on the "View Shopping Cart" icon at the top of the page any time. Here you may also remove a selected product from the Shopping Cart, or to change the number of products you wish to buy. The system will automatically update the information corresponding to the data you have changed, including the price of the products you have added to your cart. If you want to continue shopping, press the "Continue shopping" button. If you do not wish to select additional products and add them to your shopping cart, please read and accept the General Terms and Conditions and the Privacy Policy of the website before clicking on the "Order" button.
4. Enter customer information
After pressing the "Order" button, the "Cart Contents", "Contact Details" and "Shipping Address" boxes are displayed.
In the "Contact Information" block you can enter your e-mail address, while in the "Shipping Address" block you need to enter your full name, company name, address and phone number.
In the "Cart Contents" block you will find the summary of your order. The "Cart Contents" block in the "Enter Data" menu does not yet include the cost of shipping, it is added to the purchase amount under the "Shipping" menu. After entering your contact and shipping information, you can validate the given shipping method by pressing the "Go to shipping methods" button, and then you can see the price of the given shipping method, which is already added to the purchase amount. You can select your preferred payment method or enter your billing address by pressing the "Continue to Payment Methods" button.
After completing the above text boxes, you can click on the "Order Summary" button to view your contact, shipping, billing, payment information and the content of your order.
5. Finalizing the order (bidding)
After checking that the contents of the Shopping Cart are the same as the products you wish to buy, and your data are correct, you may place your order by clicking on the “Order” button. Any information provided on this website does not constitute the Seller’s offer to conclude a contract. In the case of orders falling within the scope of these GTC, you are considered to be the bidder.
By pressing the "Order Now" button you expressly acknowledge that your offer has been placed, and such declaration - if confirmed by the Seller in accordance with these GTC - shall result in your payment obligation. You are bound by your offer for 48 hours. In case the Seller fails to confirm your offer within 48 hours in accordance with these General Terms and Conditions, you will be exempted from such offer bond.
6. Order processing, contract creation
You may submit your order any time. No later than the working day following submitting the offer, the Seller shall confirm your offer to You via email. The contract is concluded when the confirmation email sent by the Seller becomes available to you in your mailing system.
Description of payment options and delivery methods
Direct bank transfer
You can pay for the products by bank transfer. Bank details required for transfer:
The payment deadline is 3 days after the invoice is issued. After the expiry of the payment deadline, the order related to the unpaid invoice will be cancelled and the Buyer will be informed of the cancellation by e-mail.
Online credit card payment
In our webshop, fast and secure online payment is provided by OTP SimplePay.
The bank card details of the customers are secured.
- Home delivery with GLS and Packeta courier service
GLS and Packeta courier service is in charge to deliver the parcel to the specified address within 3-5 working days from the date of dispatch, between 9 am and 5 pm during business hours (to the adress in Hungary). On the working day following the day of the unsuccessful first delivery, he/she repeatedly attempts to deliver the parcel at the address. The delivery fee is HUF 1.790/package (to the address in Hungary). Shipping and packaging costs vary by country for foreign addresses. Expected delivery time - 5-7 working days after confirmation email from order (to foreign addresses).
Deadline for performance
The general deadline for performance of the order is a maximum of 30 days from the date of confirmation of the order.
Order processing and fulfillment
The general delivery deadline is within 3 working days of confirmation. If the Service Provider and the User have not agreed on the date of performance, the Service Provider shall be obliged to perform according to the contract at the time or within the time specified in the User's request, or, in the absence of a request, at the latest within 30 days of the receipt of the order by the Service Provider.
If the Service Provider fails to fulfill its contractual obligation because the product specified in the contract is not available to it, it shall immediately inform the User thereof and refund the amount paid by the User without delay, but no later than within 30 days. Fulfilling this obligation does not relieve the Service Provider of the other consequences of its breach of contract.
Consumer information leaflet from 45/2014. Based on Government Decree 1659 (II.26.)- Right of withdrawal
The Customer may not exercise his/her right of withdrawal if he/she has opened the packaging of the ordered product and/or has already started to use it as intended, or the product has been produced directly at his/her request.
The customer shall bear all costs related to the returning of the goods, arising out of exercising the right of withdrawal. The return of the product must be arranged by the Customer, whose fee is still charged by the Customer at that time, which product/products will be transferred back on the basis of the conditions fulfilled, after the return. However, the amount of this cannot be more than the price of the previous delivery paid by the Buyer to the webshop.
However, the Service Provider may claim compensation for damage resulting from improper use of the goods. If the goods returned under the right of withdrawal are not in an impeccable, resaleable condition, the customer is obliged to compensate if the deterioration, damage or other impossibility of returning the goods has been caused intentionally or negligently.
If the product is found to be damaged during opening in the presence of the delivery person (postal delivery person, courier), the damage occurred before the receipt of the goods, we ensure the return of the product and the cancellation of the sale. Any damage or lack of content during the delivery of the consignment must be included in the minutes of the facts between the transferor and the recipient! We cannot take responsibility for any subsequent lack of content or injury.
Act No. 17/1999 Coll. on the Exercise of the Right of Withdrawal. You can download the text of the Government Decree from the website of the National Consumer Protection Authority.
The full text of Government Decree 45/2014 on the detailed rules of contracts between consumer and business: https://www.fogyasztovedelem.hu
Obligation to cooperate with the business in conciliation board proceedings (Government Decree 387/2016. (XII. 2.), the Buyer may address its complaints to the following conciliation body:
Baranya County Conciliation BoardAddress: 7625 Pécs, Majorossy I. st. 36.
Phone number: 06-72-507-154
Fax: 06-72-507-152
Email: abeck@pbkik.hu; mbonyar@pbkik.hu
Address: 6000 Kecskemét, Árpád krt. 4.
Phone number: 06-76-501-500; 06-76-501-525
Fax: 06-76-501-538
Email: bekeltetes@bacsbekeltetes.hu
Honlap: www.bacsbekeltetes.hu
Conciliation Board of Békés County
Address: 5600 Békéscsaba, Penza ltp. 5.
Phone number: 06-66-324-976
Fax: 06-66-324-976
E-mail: eva.toth@bmkik.hu
Borsod-Abaúj-Zemplén County Conciliation BoardAddress: 3525 Miskolc, Szentpáli st. 1.
Phone number: 06-46-501-091;06-46-501-870
Fax: 06-46-501-099
E-mail: bekeltetes@bokik.hu
Budapest Conciliation BoardAddress: 99 Krisztina bvd., 1016 Budapest 99. III. em. 310.
Phone number: 06-1-488-2131
Fax: 06-1-488-2186
E-mail: bekelteto.testulet@bkik.hu
Conciliation Board of Csongrád-Csanád CountyAddress: 6721 Szeged, Párizsi krt. 8-12.
Phone number: 06-62-554-250/118
Fax: 06-62-426-149
E-mail: bekelteto.testulet@csmkik.hu
Fejér County Conciliation BoardAddress: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Phone number: 06-22-510-310
Fax: 06-22-510-312
E-mail: fmkik@fmkik.hu
Győr-Moson-Sopron County Conciliation BoardAddress: 9021 Győr, Szent István st. 10/a.
Phone number: 06-96-520-217
Fax: 06-96-520-218
E-mail: bekeltetotestulet@gymskik.hu
Hajdú-Bihar County Conciliation BoardAddress: 4025 Debrecen, Vörösmarty st. 13-15.
Phone number: 06-52-500-710
Fax: 06-52-500-720
E-mail: korosi.vanda@hbkik.hu
Heves County Conciliation BoardAddress: 3300 Eger, Faiskola rd. 15.
Phone number: 06-36-429-612
Fax: 06-36-323-615
E-mail: hkik@hkik.hu
Jász-Nagykun-Szolnok County Conciliation BoardAddress: 5000 Szolnok, Verseghy park 8. III. Floor 305-306.
Phone number: 06-56-510-621, 06-20-373-2570
Fax: 06-56-510-628
E-mail: bekeltetotestulet@jnszmkik.hu
Komárom-Esztergom County Conciliation BoardAddress: 2800 Tatabánya, Fő tér 36.
Phone number: 06-34-513-027
Fax: 06-34-316-259
E-mail: szilvi@kemkik.hu
Nógrád County Conciliation BoardAddress: 3100 Salgótarján, Alkotmány rd. 9/A.
Phone number: 06-32-520-860
Fax: 06-32-520-862
E-mail: nkik@nkik.hu
Pest County Conciliation Board
Address: 1119 Budapest, Etele út 59-61. II. emelet
Mailing address: 1364 Budapest, P.O. box.: 81
Phone number: 06-1-269-0703
Fax: 06-1-474-7921
E-mail: pmbekelteto@pmkik.hu
Somogy County Conciliation Board
Address: 7400 Kaposvár, Anna st. 6.
Phone number: 06-82-501-026
Fax: 06-82-501-046
E-mail: skik@skik.hu
Conciliation Board of Szabolcs-Szatmár-Bereg CountyAddress: 4400 Nyíregyháza, Széchenyi st. 2.
Phone number: 06-42-311-544
Fax: 06-42-311-750
E-mail: bekelteto@szabkam.hu
Tolna County Conciliation BoardAddress: 7100 Szekszárd, Arany J. st. 23-25. III. floor
Phone number: 06-74-411-661
Fax: 06-74-411-456
E-mail: kamara@tmkik.hu
Vas County Conciliation BoardAddress: 9700 Szombathely, Honvéd square 2.
Phone number: 06-94-312-356
Fax: 06-94-316-936
E-mail: vmkik@vmkik.hu
Veszprém County Conciliation BoardAddress: 8200 Veszprém, Radnóti square 1. ground floor 116.
Phone number: 06-88-429-008
Fax: 06-88-412-150
E-mail: bekelteto@veszpremikamara.hu
Zala County Conciliation BoardAddress: 8900 Zalaegerszeg, Petőfi st. 24.
Phone number: 06-92-550-513
Fax: 06-92-550-525
E-mail: zmbekelteto@zmkik.hu
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Right of withdrawal
You may not exercise your right of withdrawal individually in the case of a product manufactured for the Customer or in the cases specified above. Thus, due to minor differences in size, color, shade, pattern and vein due to the peculiarities of the tree.
The Customer may notify the Service Provider of its intention to withdraw within 14 days of the receipt of the product in the above-mentioned ways.
If the Customer delivers the Statement of Withdrawal to the Service Provider by postal mail, the date of delivery of the letter to the Service Provider will be taken into account. In the case of transport by post, dispatch the letter with an indication of the registered mail so that the date of dispatch can be clearly demonstrated.
The Service Provider is not able to accept packages returned by cash on delivery.
We may demand compensation from the Customer for damages resulting from improper use.
The purchase price of the product and the amount of the basic delivery fee shall be refunded by the Service Provider within 14 days of the withdrawal, in consultation with the Buyer.
Product exchange
If the ordered product size is not suitable and the User requests a replacement, the return of the product to be replaced is charged to the Customer. In the case of return goods, if there is no possibility of replacement (no size, not on stock), the user can request a refund of the purchase price of the product.
WarrantyThe contracts between the Service Provider and the Buyer and the consumer shall apply to the parties without any restriction in accordance with Government Decree 45/2014. (II.26) Government Decree.
Warranty means: warranty for a specified period of time for the proper use of the goods or services.
Pursuant to Section 6:159 (2), the Consumer is entitled to four types of warranty rights: repair /replacement/price reduction /demand for refund of the purchase price, which is also the withdrawal.
The consumer shall be entitled to the same four types of rights under the warranty and in the case of a quality objection for the products covered by the mandatory warranty.
In case of a qualitative objection, you can claim for warranty. Warranty means the liability of the Service Provider for faulty performance. The performance is defective if the quality of the product - at the time of performance - does not comply with the characteristics indicated on the website and determined by the Service Provider.
The Buyer may enforce its warranty claim within two years from the date of performance. Quality objections related to the purchased products must be communicated to the Service Provider at the earliest convenience, after the discovery of the defect.
In the case of Consumer Contracts, the law establishes a two-month period within which the statement of objections is deemed to have been made in due time. Notification beyond two months does not in itself result in the loss of the Buyer's rights, but it must compensate the Service Provider for the damages caused by late notification.
If the product is returned due to quality defects, the Seller shall bear the resulting shipping costs. The customer is obliged to choose a mode of transport that avoids unnecessary additional costs. After the delivery, the Seller shall reimburse the customer for the resulting cost or transfer it in advance upon express request.
Defective performance
a) At its option, the Customer may request repair or replacement, unless it is impracticable to fulfill the chosen warranty claim or if it would result in disproportionate additional costs for the Service Provider compared to the fulfillment of the other warranty claim.
b) If it has no right to repair or replacement, or if the Service Provider has not undertaken the repair or replacement, or if it is unable to fulfill this obligation (within an appropriate time limit, without significant inconvenience to the User), it may request an appropriate price reduction or cancel the contract at its option.
Cancel order
You have the option to cancel the order at the email address or phone number provided on the website. Cancellation is possible within 24 hours of placing the order.
Modification and cancellation of an orderPursuant to Act CVIII of 2001, when placing an order, the software of the seller's webshop immediately notifies the Buyer of the fact of taking the order. This notice does not constitute a contract between the Seller and the Buyer. It merely informs the customer that his/her order request has been registered and forwarded by our system to the relevant employee of the Seller.
If the Customer does not receive this confirmation within 48 hours, the Customer's bidding obligations will be terminated.
The seller gives the buyer the opportunity to cancel the order electronically until the order is completed. Upon commencement of the order, the buyer will be notified by e-mail and/or telephone of the expected duration of the delivery and the fact that the delivery has started. After that, it is only possible to cancel your order through one of the contact details under the "Contact Us" menu item.Subsequent changes to the order may only be made in written form by e-mail.
Statement of Withdrawal
Enforcement, complaint handling
The Service Provider is not responsible for any inconvenience caused to the Customers by the server or other system errors, as the Service Provider cannot guarantee the continuous operation of the server's internet connection.
Everyone uses the website at their own risk. The Service Provider cannot be held responsible for any delay, error or incomplete information flow in the system.It is the Customer's responsibility to ensure that the contents published on the website do not directly or indirectly infringe the rights of third parties or the law.
The Service Provider is the copyright holder of all content displayed during the provision of services available through the website: any copyrighted work or other intellectual property (including all graphics, images, photos and the layout of the website surface, ideas, implementations).
The consumer may submit consumer complaints about the product or the activity of the Seller at the following contacts:
The written complaint will be answered in writing by our webshop within 30 days. A shorter time limit may be set by a legal act, while a longer period may be set by a legal provision. The grounds for rejecting the complaint must be explained. It shall keep a copy of the reply for 3 years and present it to the inspection authorities upon their request.
Filing a complaint at the Consumer Union organizations. In case a consumer detects that his/her consumer rights are violated, the consumer shall be entitled to submit his/her complaint to the competent consumer protection authority in his/her place of residence. Following the examination of the complaint, the authority shall decide on conducting the consumer protection process. The duties of the consumer protection authority at first instance are performed by the competent capital and county government offices according to the consumer's place of residence, the list of which can be found here: http://www.kormanyhivatal.hu
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Court proceedings
The Customer is entitled to assert claims - arising out of the consumer dispute - in court, in civil proceedings, pursuant to the provisions of Act V of 2013 on the Civil Code, and Act CXXX of 2016 on the Code of Civil Procedure.
Please note that you are entitled to submit a consumer complaint against us. In case we reject your consumer complaint, you are also entitled to turn to the competent Arbitration Board: initiating the process at the arbitration board is subject to the fact that the consumer directly attempted to settle the dispute with the company concerned. Instead of the competent body - if requested by the consumer - the arbitration board specified by the consumer in the request may also be entitled.
The list of conciliation bodies in Hungary can be found here: http://www.ofe.hu/inet/ofe/en/menu/bekeltetes.html
The undertaking is obliged to cooperate in conciliation proceedings.
In this context, undertakings have an obligation to send a response to the call for the conciliation body and the obligation to appear before the conciliation body is laid down as an obligation.
In case the company’s headquarter or the office of the company is registered in a county different from the county of the Chamber operating the arbitration board competent in the area, the cooperation obligation of the company shall only include offering the possibility of a written settlement appropriate for the needs of the consumer.In case of a breach of the above duty to cooperate, the consumer protection authority shall have jurisdiction, and as a result of changes in legislation, in case of unlawful conduct by companies mandatory fines are to be imposed, and there are no exemptions from applying fines. In addition to the Act on Consumer Protection, the relevant provision of the Act on small and medium-sized enterprises has also been amended, and as a result, imposing fines may not be avoided in the case of small and medium-sized enterprises, either.
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Other provisions
The legal relationship between the Service Provider and the Customer shall be governed by Hungarian law.
For example, the Service Provider may amend these GTC at any time without giving a reason and by notifying the Customer in advance on the website, in order to comply with the law or any other changes. Therefore, please review the General Terms and Conditions regularly.
Issues not regulated in these GTC shall be governed by the provisions of the Civil Code, Government Decree 45/2014 on the detailed rules of contracts between consumers and service providers, and Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services.
By browsing the pages of the website and placing orders, the User accepts the contents of the General Terms and Conditions.