Privacy and Data Protection Statement

1.) The www.botanicart.hu website (hereinafter referred to as the “webshop”) was created and is maintained and operated by BOTANIC Virágszalon Kft. (2013 Pomáz, Mártírok útja 1-3.) (hereinafter referred to as the “Service Provider” or the “Operator”) for information and commercial purposes.

2.) You are entitled to visit and surf the webshop without providing any personal data, but please note that registration and disclosure of certain information is required for purchasing or placing an order in the webshop. In connection with the handling of this data, the Operator informs customers through this statement about the scope of personal data under its management, the legal basis (legal background) for data processing, the principles, purpose, and practice of data processing and the relevant rights of customers.

3.) By registering and sending an order in the webshop, you expressly agree to this Privacy and Data Protection Statement and voluntarily consent to assigned data processing pursuant to Section 5(1)a) of Act CXII of 2011 on the right of informational self-determination and on freedom of information (hereinafter referred to as the “Information Act”), so please read this Privacy and Data Protection Statement carefully prior to registering or sending orders.

4.) By placing your order and accepting the processing of data, you as a customer acknowledge and expressly agree that the Operator, in order to fulfill the order, registers all the personal data you voluntarily provided, in particular, but not limited to, your name and address. You as a customer are specifically aware that by purchasing the product, you have become a customer of the webshop, so no official registration is required for the treatment of your limited data that are necessary to transfer the ordered product.

5.) The Operator declares that it respects the right to informational self-determination and takes all necessary measures to protect the personal data of customers when dealing with such information. In response to legal requirements, the Operator keeps the personal data provided by customers confidential and takes all safety and technical measures to protect such information and guarantee their safety. By complying with the fundamental legislation on data processing, the Operator aims to respect customer privacy and to prevent the misuse of their personal data. The Operator only asks you to provide personal data that is absolutely necessary to fulfill the services, and accordingly, it does not request you to provide data constituting special data.

6.) The Operator requests and processes personal data solely for the purpose of identifying customers, making the products of the webshop available to them, fulfilling the order and issuing the invoice, laying down the conditions of the contract established through the webshop, and in order to generally act to exercise the resulting rights and fulfill the obligations.

7.) The Operator does not use the processed personal data for purposes other than those specified above. Release of personal data to third parties or authorities is allowed only upon prior express consent of the customer. In some cases, however, data sharing cannot be avoided to fulfill the order (e.g. courier service); in this case, each partner shall make a contractual obligation to use such data only for the purpose of order execution and only for the duration of execution.

8.) The Operator asks you to provide and processes personal data that are essential for the realization of the purpose of data processing and is suitable for achieving the purpose. The personal data can be used only to the extent and for the time necessary to achieve the purpose. The accuracy, completeness and, if necessary for the purpose of data processing, timeliness of data shall be ensured during data processing; it has to be also ensured, that the data subject can be identified only as long as necessary for the purpose of processing. However, the Operator does not review the personal data provided; the customer who provided them shall bear sole responsibility for their accuracy. Customers entering their email address shall take responsibility that no other person will be able to use the service from the specified e-mail address. Having regard to this responsibility, any kind of liability associated with logging in and ordering using a specified email address shall be borne exclusively by the customer who registered that email address.

9.) The goals and principles of this webshop associated with data processing are in accordance with current legislation on data protection, especially with the provisions of the Information Act.

10.) Scope of data processed in the webshop: last name, first name, company name, email address, phone number, country, address, street, house number, city, county, billing address for VAT invoice, tax number, date of registration, time of registration, IP address

11.) You have the opportunity to modify the data in the webshop; you can change the user name, password, first and last name or company name, email address, phone number, home address, mailing address, company registration number, tax identification code or tax number.

12.) The personal data are processed by the Operator until the withdrawal of your consent. You may withdraw your consent at any time in a letter sent to the Operator's e-mail address. Furthermore, the data are deleted at the time when the registration is deleted. The revocation or deletion does not affect, however, the statutory obligation of the Operator under Section 169(2) of Act C of 2000 on accounting with respect to retaining accounting documents for eight years.

13.) For tailor-made customer service, small data packets, so-called cookies are placed in the computer of the customer and read back by the Operator and the server hosting provider. If the browser sends back a previously saved cookie, the service provider managing the cookie is able to link the data stored during the customer's actual visit with the data from previous visits, but only in respect of its own contents. Please note that the menu bar of most browsers contains a “Help” function, which provides information on how the user can disable cookies in the browser.

14.) Data processing is in compliance with the provisions of Act CVIII of 2001 on certain issues of electronic commerce activities and information society services and Act CXII of 2011 on the right of informational self-determination and on freedom of information.

15.) The Operator gives you the opportunity to request information at any time on the processing of personal data, and ask for their deletion, blocking or rectification. In case of refusal of information, you may appeal to the court or the National Authority for Data Protection and Freedom of Information. In addition, you are entitled to protest against the processing of personal data. If you do not agree with the decision that has been taken by the Operator on the basis of your protest, you can seek remedy at the court of law.

General Terms and Conditions

This document, designated as General Terms and Conditions, contains the terms of service for the purchase of products and services available at or provided by the www.botanicart.hu webshop (hereinafter referred to as “Webshop” or “Online Shop”), as well as the terms of service for ordering in and using the Webshop, which contracts are concluded between the Service Provider specified in these General Terms and Conditions and the Customer or User placing an order in the Webshop (hereinafter referred to as “Customer” or “User”).

This document is concluded in electronic form only. We are at our Customers’ disposal at our specified contact details in case of other issues arising in relation to the operation of the Webshop or the order and delivery process.

The Customer using or registering at the Online Shop expresses acceptance of these General Terms and Conditions and considers itself bound by these provisions.

1.) Service Provider:

Company: BOTANIC Virágszalon Kft.

Seat: 2013 Pomáz, Mártírok útja 1-3.

Mailing Address: 2013 Pomáz, Mártírok útja 1-3.

Name of representative: Kövér Krisztián, k.kover@botanic.hu

Company registration number: 13-09-125198

VAT number: 14577008-2-13.

Bank account number: 11742087-29900583-00000000

Phone: 06 30 5851403

Customer Service email address: botanicart@botanic.hu

Hosting Provider: Gestalt Team Kft. (1112 Budapest, Fehérló utca 7.)

2.) KEY PROVISIONS

2.1. Issues not regulated by the General Terms and Conditions and the interpretation of these General Terms and Conditions are governed by the Hungarian law, including in particular the relevant provisions of Act V of 2013 on the Civil Code (hereinafter referred to as “Civil Code”) and Act CVIII of 2001 on certain issues of electronic commerce activities and information society services, as well as Government Decree 45/2014 of 26 February 2014 laying down detailed rules for contracts between consumers and undertakings. Mandatory provisions of applicable law are applicable to the parties without specific stipulation.

2.2. The present General Terms and Conditions remain in full force and effect from 15 November 2016 until withdrawn. The Service Provider is entitled to unilaterally amend the provisions of the General Terms and Conditions. The amendments are published on the website by the Service Provider fifteen (15) days before their entry into force. Users of the website expressly and implicitly accept that all regulations regarding the use of the website are automatically applicable to them.

2.3. Users entering the website operated by the Service Provider, reading its contents in any way or browsing the site—even if the User is not a registered user of the Webshop—shall be bound by the General Terms and Conditions. Users not accepting these terms shall not have permission to view the contents of the Webshop.

2.4. The Service Provider reserves all rights concerning the Webshop, its parts and the contents displayed in the Webshop, as well as the distribution of the Webshop.

  1. REGISTRATION/SHOPPING

3.1. The User by shopping/registering in the Webshop states that he/she is aware of the terms of the General Terms and Conditions, the Privacy and Data Protection Statement, the Information on the Right of Withdrawal and the Copyright Disclaimer published in the Webshop and gives consent to data processing.

3.2. The User is obliged to provide his/her real information during shopping/registration. The Service Provider excludes liability if the User attempts unauthorized use of the services on behalf of or using the data of another person. The Service Provider shall not be liable for delivery delays or other errors due to false and/or inaccurate data provided by the User. The Service Provider shall not be liable for any damage if the password is forgotten by the User or if it becomes available to unauthorized persons for any reason not attributable to the Service Provider. Maintaining the confidentiality of user access data—especially the password—is the sole responsibility of the User. The User must immediately change the password if the User becomes aware that an unauthorized third party had access to the password provided during registration; if it is assumed that the third party is using the password in an abusive way, the User is obliged to simultaneously notify the Service Provider.

All parts of the Webshop’s content are available and visible to any User for free and without registration, but registration is required for placing an order.

  1. RANGE OF PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE

4.1. The products displayed in the Online Shop can only be ordered online. The prices displayed for the products are to be interpreted in HUF and are gross prices (i.e. include the statutory VAT), but do not include shipping costs. Separate packaging costs will not be charged.

4.2. The Service Provider shows in the Webshop the name and description of products in detail and displays product photos. The photos displayed on the data sheet of products in stock may differ from reality, and are illustrations only. We are not responsible for differences between the photo in the Webshop and the actual appearance of the product (hue deviations due to shooting light effects).

4.3 Unless a product in stock or a home accessory product is ordered specifically, the product in each case is a made-to- order handmade product, so it may differ from the model in the photo depending on the characteristics of available raw materials (size, hue, shape) and due to the handmade nature of the product. Depending on the season and the inventory, the Service Provider may also substitute certain accessories with other similar raw materials.

4.4 Please note that, unless it is indicated that the product is in stock, a unique product is produced in all cases, which constitutes a product specifically requested by the customer.

4.5 In case of a unique order, the User can place the order through the email system provided in the Webshop (the User may also indicate how to prepare the product compared to the types of products in stock). The Service Provider is entitled send a reply email to clarify the product in one business day. In this case, the order date is the date of the last email.

4.6 If a promotional price is introduced, the Service Provider will fully inform the Users about the promotion and its exact duration.

4.7 If, despite all the care taken by the Service Provider, the price indicated in the Webshop is wrong, particularly with regard to manifestly wrong prices, for example when the price is significantly different from the well-known, accepted or estimated price of the product, or the price is displayed as “0” HUF due to a system error, the Service Provider has no obligation to deliver the product at the erroneous price, but can offer delivery at the correct price, in the knowledge of which the Client may cancel his/her purchase intention.

  1. HOW TO ORDER

5.1. The User logs in after registration or enters the Webshop without registering, and can browse the products by categories. On the product information page, the Service Provider shows similar (related) products and communicates the available product information (especially description, expected delivery time, weight, and size).

5.2 The Service Provider accepts orders only via the Webshop. In extraordinary situations (technical problems with the Online Shop, website unavailability) ordering via email or telephone is also available. The User selects the product(s) he/she wishes to purchase and, in case of a unique order, sends an email for clarification.

5.3. The User puts the selected products in the shopping cart. The User can view the contents of the shopping cart at any time by clicking the “View Cart” icon.

5.4. If the User does not wish to buy further the product(s), he/she can check the products intended to buy. The User can specify the amount of selected product(s) in the shopping cart and can also delete individual items from the shopping cart by clicking on the “X” icon located next to the product. In this interface, the User can enforce coupons (by entering the coupon code) and calculate shipping costs by choosing the shipping method.

5.5 If the order has been completed, the User can proceed to the checkout. In case of a one-time order, the User has the option to provide the data required for the contract (billing information, shipping information) without previous registration. Returning registered Customers can log in with their registration information (user name or email address, password), so they do not have to enter any more information.

5.6 If the data reconciliation has been completed, you can place your order by selecting a payment method.

5.6.1. Payment methods:

Payment on delivery: If the ordered product is shipped by courier service, it is possible for the user to pay the total amount in cash to the courier upon receipt of the ordered product(s).

Bank transfer: The User is required to transfer the countervalue of the ordered products to bank account No. 11742087-29900583- 00000000 at OTP Bank Zrt. In case of a bank transfer, the User is required to indicate the order number in the comment section. After the amount is credited to the bank account of the Service Provider, the User is entitled to receive the product(s) in the manner determined by the User.

5.7 The delivery time for each of the products is included in the information material. After this, the User selects the shipping address and the shipping method, the types of which are as follows:

5.7.1 The delivery of products takes place using the GLS Hungary Ltd. (2351 Alsónémedi, Európa utca 2.) courier service. The expected delivery time of the product and the package identification number is contained in the confirmation email. Determination of delivery time is not possible. If the Customer is experiencing any damage to the product or the packaging, a protocol has to be drawn up upon receipt about the damage in the presence the person making the delivery. If the packaging or the product is visibly damaged upon delivery and the damage incurred prior to the receipt of the goods, the product is taken back by the Service Provider free of charge. If there is not enough stock of a product or a raw material, the Service Provider will contact the Customer by phone or email and agree upon the expected date of delivery. Delivery is free of charge for orders exceeding HUF 20,000 in value. Shipping costs HUF 990 incl. VAT for orders below HUF 20,000 in value and below 5 kg in weight; in case the weight or the order is higher, shipping costs HUF 990 incl. VAT for each additional 5 kg. Amennyiben a termékből vagy valamely alapanyagból nincs elegendő raktáron, Szolgáltató telefonon vagy e-mailen felveszi a kapcsolatot a Vásárlóval, és egyezteti a szállítás várható időpontját. A kiszállítás díja 15.000,- Ft rendelési érték felett ingyenes.

5.7.2 In case of personal collection of the order, no delivery charge is incurred. Personal collection is possible only in the case of products pre-ordered in the Webshop; direct purchasing at our site is not possible.

5.7.3. Product delivery by the Service Provider can also be requested in cases where the delivery address falls within the perimeter of Pomáz, Budakalász, Csobánka, Szentendre, or districts II, III and XIII of Budapest. Certain products are available exclusively with delivery by the Service Provider to the areas indicated, which is shown separately on the product data sheet. If there is not enough stock of a product or a raw material, the Service Provider will contact the Customer by phone or email and agree upon the expected date of delivery. Delivery by the Service Provider costs HUF 2,800 independent from the gross weight of the package.

5.8 Orders submitted on working days are processed and confirmed within 24 hours.

5.9 The Customer has the opportunity to correct data entry errors before sending the order and may also request subsequent data modification by telephone or email.

5.10 Order confirmation and conclusion of contract

The Service Provider, within one hour from receiving the offer, confirms in an automatic confirmation email that the order has been recorded in the system. Receipt of the automatic confirmation email by the Customer does not establish a valid contract between the Parties, it only serves as a confirmation of receipt of the customer's purchase offer in our system. If the Customer has already sent his/her order, but notices an error in connection with the order in the confirmation email sent by the Service Provider, the Customer shall immediately, but not later than within 24 hours, contact the Service Provider so that the problem can be remedied as soon as possible in order to avoid the fulfillment of an undesired order. After the automatic email, the Service Provider will send a second email to the Customer, which will inform the Customer about the receipt of the order and which marks the beginning of the processing of the order. The contract will be established between the parties at this point. The Customer is exempted from the tender if he/she does not receive from the Service Provider within 48 hours the confirmation email concerning the order sent by the Customer.

5.11 The Service Provider informs the Customer about the receipt of the bank transfer and the estimated time of delivery in a subsequent email.

5.12 The Service Provider reserves the right to cancel the contract if the Customer does not pay the Service Provider within eight working days from the conclusion of the contract the total purchase price of the order (in case of the bank transfer payment option).

5.13 Any subsequent modification to the order can only be made by email in writing.

5.14 The concluded contract is considered a written contract. The Service Provider files the contract, which is subsequently available. The Service Provider does not submit to the provisions of any Code of Conduct.

5.15 The Service Provider maintains ownership of the product until the purchase price is paid in full.

  1. WARRANTY

6.1 Implied warranty

In the event of defective performance by the Webshop, the Customer may exercise implied warranty against the Service Provider in accordance with the provisions of the Civil Code.

  1. ADDITIONAL TERMS AND CONDITIONS FOR THE USE OF THE WEBSHOP

7.1. Responsibility

The User may only use the Webshop at his/her own risk and agrees that the Service Provider is not responsible for any material or non-material damage arising from the use of the Webshop, other than the responsibility arising from breach of contract that is intentionally caused, or damaging to human life, limb or health. The Service Provider disclaims all liability arising from the behavior of the Users of the Webshop.

  1. ENFORCEMENT OPTIONS

8.1. The Webshop is designed to meet all orders in appropriate quality and to the full satisfaction of customers. If the Customer is not satisfied with the product or the activities of the Service Provider, the Customer may submit his/her complaints at the contact details indicated in section 1.

8.2. The Service Provider shall send a meaningful response to the complaint of the Customer regarding the product or the activities of the Service Provider within maximum 15 working days, not including public holidays, indicating, in case there is an opportunity to enforce, the possible location, method and deadlines of the enforcement.

8.3. Other enforcement options

If the consumer dispute that may exist between the Service Provider and the Customer is not settled during the negotiations, the following enforcement options are available for the Customer:

  • Submitting a complaint to the consumer protection authority;
  • Initiating an Arbitration Board process;
  • Initiating legal proceedings.

Copyright Disclaimer

1.) The www.botanicart.hu webshop was created and is maintained, operated and uploaded with content by BOTANIC Virágszalon Kft. (2013 Pomáz, Mártírok útja 1-3.) (hereinafter referred to as the “Owner” or the “Author”).

2.) Any written or visual content, creation or any photographic display thereof published or displayed on the website (hereinafter referred to as “Content” or “Work”) is an intellectual creation of the Owner without any special detail or type designation, and is subject to copyright protection pursuant to Act LXXVI of 1999 on copyright. It is the exclusive right of the Owner to exercise all moral or economic rights relating to the content.

3.) The presentation of the Works on this website is intended solely for making visitors and potential customers acting in good faith acquainted with such Works.

4.) Displaying, printing and saving the Content in one copy is allowed for personal purposes only. Parts of the Content—to the extent justified by the character and purpose of the recipient work—may be cited and can be displayed by designating the source and the Author.

5.) Any use in a material or non-material form of the entirety of Works or any identifiable part thereof and each use may take place only with the Owner's prior and pre-assigned permission and respecting the moral rights of the Owner.

6.) Revision of the works by any procedure, or any media reproduction, distribution, public communication or use of the Works by other means is prohibited without the prior written consent of the Owner.

7.) In case of any misuse of the Contents, violation of the rights of the Author or any use violating the principle of purpose limitation, the Author may take action against the infringer and reserves the right to enforce both civil and criminal sanctions.

Information on the Right of Withdrawal

Dear Customer,

Please note that pursuant to Government Decree 45/2014 of 26 February 2014 laying down detailed rules for contracts between consumers and undertakings, in particular pursuant to Section 20 thereof, you can withdraw from the contract without justification within 14 days from the date of confirmed receipt of the Product(s) ordered in the webshop, or if ordering several Products at the same time that are dispatched at different points in time, from the date of confirmed receipt of the last Product. Please note that in this case you are obliged to return the Product(s) in its/their original condition to BOTANIC Virágszalon Kft. immediately, but not later than within fourteen days from the date of the notification of withdrawal.

Please note that you as a consumer can not exercise the right of withdrawal in the following cases:

  1. if you can not ensure that the obligation to return the Product(s) in its/their original state or to restore the Product(s) to its/their original state is met (e.g. the compositional unity of the Product(s) has/have been disrupted);
  2. with respect to perishable Product(s) or Product(s) with short shelf-life, such as compositions containing live flowers, crops or dried flowers subject to deterioration;
  3. in the case of a Product that is not pre-fabricated or is not in stock, but was produced based on your explicit instructions or at your specific request, or in the case of a Product that is clearly tailored to the consumer’s identity (e.g. a compositional Product produced on the basis of a specific unique order of the consumer);
  4. following the completion of the service as a whole, when the company started the fulfillment with the consumer’s prior express consent and the consumer acknowledged that following the completion of the service as a whole, he/she loses the right of termination;

Please, be informed regarding point 2, that flowers or other decorative products, unless specifically indicated in case of a Product, are not products that we keep on stock, but are compiled only after you submit your order. You declare by sending your order for flowers or other decorative products that the fulfillment of service (binding and compilation of the decorative product) begins with your prior express consent in the 24th hour before the scheduled time of delivery, failing that the scheduled working day of delivery, and acknowledge that you lose the right of termination after the fulfillment of service has begun.

If you wish to use your right of withdrawal, you are required to send a clear statement containing your intention of withdrawal (for example, by mail or by e-mail to the registered e-mail address). To help you do this, we provide you with a sample statement. You only bear the direct costs of returning the product, excluding the case where the company has agreed to bear the cost of this. If you withdraw from the contract, we will refund immediately but not later than within 14 days from the date of receipt of the declaration of withdrawal any remuneration paid by you, except for the return fee, which you will have to bear. If as a result of your improper use the Product is damaged, but this damage does not reach the extent that would prevent the exercise of withdrawal, you must pay compensation and also entitle our company to exercise offsetting against the refundable amount. Please note that the refund may be withheld until the product is returned. You are required to return or transfer the product to us without undue delay, but not later than within 14 days form the date of notification of the declaration of withdrawal. The deadline is deemed to have been observed if the product is sent before the 14 day deadline.

The same method of payment will be used for the refund as for the original transaction, unless you explicitly agree to the use of other means of payment; you will not be charged any extra cost for the use of this other method of refund.

 

 

 

Declaration of withdrawal (SAMPLE)

(fill it out and return it to us only if you have final withdrawal intentions from the purchase)

 

Addressee: BOTANIC Virágszalon Kft. (2013 Pomáz, Mártírok útja 1-3.)

 

I/We the undersigned declare that I/we exercise my/our right of withdrawal in respect of the contract for the sale of goods or provision of services for the following Product/s:

 

Date of contract:

 

Date of receipt:

 

Name of consumer:

 

Address of consumer:

 

Signature of consumer (in case of a paper-based declaration):

 

Date