GENERAL TERMS AND CONDITIONS OF CONTRACT

 

Please, if you wish to become a customer or active user of our Web Store, carefully read our General Terms and Conditions and use our services only if you agree with all of their points and consider them binding on you. This document will not be filed, will be concluded exclusively in electronic form, cannot be retrieved later, and does not refer to a code of conduct. In case of any questions regarding the operation of the web store and the mobile application, the ordering and delivery process, we are at your disposal at the contact details provided.

(For customers placing orders electronically in the www.sagiflorist.hu webshop)

 

1. Entry into force and general provisions
2. These general terms and conditions (hereinafter: GTC) enter into force on June 3, 2024 and remain in force until revoked.
3. The www.sagiflorist.hu webshop (hereinafter: sagiflorist) and the sagiflorist mobile application (hereinafter: application) are the product catalog of Sági Florist Kft. (1092 Budapest, Erkel utca 14/A B. lház. IV. em. 14. ajtó; tax number: 32349531-2-43; company registration number: 01-09-419498) (hereinafter: Service Provider) available on the internet and in the application, which offers products distributed by the Service Provider for sale. By placing an electronic order through the webshop and the application, a contract between absent parties is concluded between the Service Provider and the private individual or company placing the order (hereinafter: Customer) in accordance with the conditions described in this document, pursuant to Government Decree 45/2014.(II.26.). Customer and Service Provider hereinafter collectively referred to as: Parties.
4. Any legal entity, business association or other organization without legal personality, as well as any natural person who registers on the website and in the application, creates their own user account and whose registration is accepted by the Service Provider, is considered a customer. Any registered person who accepts the provisions set out in these GTC and considers them binding on them may make purchases in the web store and through the application.
5. The Customer accepts the terms of this contract when finalizing the order. The Service Provider declares that it has the necessary license to operate the web store and the application, as well as to sell the products.
6. Formation of a contract
7. The contract is concluded by registering on the Service Provider's website and accepting the GTC. The Contracting Parties do not conclude a separate written contract with each other.
8. The Customer acknowledges that as a result of the order placed on the website www.sagiflorist.hu in accordance with the GTC, an electronically concluded sales contract is concluded between the Customer and the webshop regarding the ordered product in accordance with Section 6:82 of Act V of 2013 on the Civil Code (hereinafter: the Civil Code).
9. The prerequisite for purchasing in the web store is valid registration, at the same time the Customer considers the GTC and the provisions set out in this regulation to be binding on him/her and accepts them. The official language of the contract concluded electronically and in the future is Hungarian.

• Registration

1. Only registered Customers may purchase products (hereinafter: Products) in the Online Store. The Customer undertakes to provide factual and verifiable data on the registration page and is obliged to immediately notify the Customer of any changes in the data.
2. The Service Provider will send an electronic notification about the authorization of the registration. The Service Provider is entitled to register multiple users of the Customer, but the access and authorization of the users must be authorized by the Customer in writing, in a company-like manner.
3. The Customer is obliged to ensure that the login serves only his own purpose. In particular, he must ensure that his username and password are not accessed by unauthorized persons. In the event that an unauthorized person becomes aware of the data, the Customer is obliged to notify the Service Provider in order to limit unauthorized access.
4. The Customer has no right to demand registration. The Service Provider may – without prior notice or justification – revoke the Customer’s access rights if the Customer:

• provided false information during registration;
• misused the information provided on the website or affected its usability;
• you have violated these registration terms or breached your obligation regarding your login details;
• you have not visited the Service Provider's website for a long time;
• became insolvent based on a final decision, bankruptcy proceedings or liquidation proceedings ordered by a final decision were initiated against him or his tax number was suspended or cancelled by a final decision of the state tax authority.

5. The Customer may request the termination of their registration in writing at any time, provided that it has no effect on the ongoing contractual relationship. In this case, all of the Customer's personal data and data collected during transactions - if they are no longer needed - will be deactivated by the Service Provider.
6. The data required for registration is as follows: Company name/name, tax number, registered office/address, telephone number, e-mail address, password.
7. The Service Provider reserves the right to declare the placed orders invalid upon receipt of the orders – in case of suspicion of abuse.
8. Registration is carried out by providing the necessary data specified in point III.6. and a password. The Service Provider creates the Customer's user account with activation. The Customer can log in to his/her own user account after entering the user name and password. The password, as well as the delivery and billing data, can be modified at any time after logging in.
9. The Customer can freely choose from the Product range in the Service Provider's Web Store after logging in.
10. The Service Provider reserves the right to refuse or revoke the Customer's registration without giving reasons, especially in cases where the registration was created by providing false or incomplete data, or is intended to be created with such data, or if the Service Provider detects any abuse.
11. The Products
12. The subject of the contract may be any item, i.e. Product, found on the website www.sagiflorist.hu and the ságiflorist application. The properties and characteristics of the Products can generally be found on the specific page belonging to the Product.
13. The scope of these provisions extends to all electronic commerce services provided in Hungary through the web store.
14. The Product descriptions on the product page are for informational purposes only and do not always contain all information about the Product in full.
15. After registration, the Service Provider can provide the Customer with the access necessary to purchase Products, view previous purchases, and modify the provided data.
16. It is not possible to modify the data regarding the ongoing order through the web store and the application; in case of any complaint, it is necessary to contact the Service Provider.
17. Purchases in the web store and in the application are possible by placing an order electronically, as specified in these GTC, as follows. The web store does not accept orders placed by fax, e-mail or letter.
18. On the individual Product page, you can select the features and quantity of the Product you wish to order. The Customer can find out the features of the goods they wish to purchase from the product description. The webshop and the application may limit the order quantity that can be placed for individual Products.
19. The selected Product can be placed in the cart by clicking on the "ADD TO CART!" icon. The purchase process can be continued, modified, deleted or finalized in the cart using the buttons indicating the functions provided there. If the Customer has any further questions regarding the Products, they can send their questions to the e-mail address sagiflorist@gmail.com, where they can receive detailed information from the Service Provider.
20. Order, confirmation
21. These GTC are deemed to be accepted if the Customer, who is registered in the webshop or in the application and has a user account, orders the Product. The Service Provider informs the Customer about the order by e-mail. The contract between the Parties is concluded upon confirmation of the order.
22. If the confirmation is not received by the Customer within the expected deadline depending on the nature of the service, but no later than 48 hours from the date of sending the order, the Customer's offer will be terminated. The order and its confirmation shall be deemed to have been received by the Service Provider and the Customer when it becomes available to them.
23. The Service Provider excludes liability if the confirmation does not reach the Customer because the Customer provided an incorrect e-mail address during registration or cannot receive messages due to the storage space belonging to the account being full.
24. The Customer acknowledges that the Service Provider may not resell Products purchased in its web store or through the application.
25. Payment terms
26. The price indicated next to the Product is the gross purchase price of the Product, which includes value added tax (VAT). The purchase prices indicated next to the Products do not change between the time the order is placed and the receipt of the Product, so the Customer pays the price that he sees on the site when ordering.
27. In the event that, despite the most careful procedures of the webshop and the application, an incorrect price is displayed in the webshop or the application, the webshop/application is not obliged to sell the Product at the incorrect price. In this case, the webshop/application may offer to sell the Product at the real price, and if the Customer does not accept it, he may cancel his intention to purchase by canceling the order.
28. The price listed in the web store and application does not include shipping and packaging costs.
29. The shipping fee for addresses in Budapest and Pest County is charged as follows:

• In the case of districts II. XI. XII., as well as in the case of the settlements of Budakeszi, Budaörs, Törökbálint, Nagykovácsi, the delivery fee is: 2500,- HUF,
• VI. VII. VIII. IX. XIII. districts, as well as the settlements of Üröm, Solymár, Budakalász, Érd, Diósd, the delivery fee is: 3500,- HUF,
• XV. XVI. XVII. XVII. XIX. XX. XXI. XXII. XXIII. districts, the delivery fee is: 4500,- HUF,
• and for settlements in Pest County not listed above, the delivery fee is: HUF 5,500.

which is informed in the webshop/application when placing the order, and which amount the Customer acknowledges by selecting the delivery method.

5. The basic delivery fee for the entire territory of Hungary – outside Budapest and Pest counties – is HUF 2,000, which is delivered by Magyar Posta Logisztika (MPL). This fee may increase according to the regulations set by MPL if the Customer wishes to use additional services (e.g. delivery within a specific time slot).
6. The payment method is electronic bank card payment after confirmation of the ordered product. In case of personal collection, it is possible to pay in cash in the store. The customer acknowledges that there is no possibility of advance payment in the webshop/application.
7. The invoice will be handed over to the Customer personally by the courier appointed by the Service Provider upon receipt of the Product.
8. The condition for the delivery of the package is that the Customer pays the full purchase price and the shipping costs specified in Sections VI.4 and 5 in full via the electronic bank card payment system.

• Shipping conditions

1. The Customer acknowledges that the Service Provider undertakes delivery exclusively within the territory of Hungary.
2. The Service Provider undertakes to deliver within 1 working day of the order to the entire territory of Hungary, if the Customer places their order for the given Product by 12:00 on the day of the order. The Service Provider undertakes to deliver orders placed by the Customer after 12:00 within 2 working days at the latest.
3. In the area of Budapest and in the case of settlements in Pest County (agglomeration), the Service Provider undertakes delivery on the day of the order.
4. The Product is delivered to the Customer by the Service Provider to the delivery address provided during the order – in the case of a Budapest address – by its own courier, or by the MPL courier service in the case of a rural address. The Customer acknowledges that the delivery time is: on working days between 7:00 and 20:00 in the case of nationwide (delivery by MPL), if the Product was ordered by 12:00 on the day prior to delivery.
5. In the case of delivery to an address in Budapest or Pest County (agglomeration), the Customer can select the time slot within the time interval between 9:00 and 19:00 when placing the order, for which he requests delivery. The selectable time slots on weekdays are: 9:00-12:00; 12:00-15:00; 15:00-19:00.
6. Saturday delivery is only available for deliveries within Budapest or Pest County. Delivery time: between 9:00 and 16:00. When placing the order, the Customer can select the time slot within the above time interval for which he requests delivery. The selectable time slots on Saturday are: between 9:00 and 12:00; between 12:16:00.
7. Delivery is not possible on Sundays and public holidays.
8. The Customer acknowledges that the Service Provider can only fulfill orders for persons over the age of 18.
9. If the delivery of the ordered package is unsuccessful and the Customer does not notify the Service Provider of his intention to cancel within 1 day without a reason provided for in the law, he will be in breach of his contract with the Service Provider, under which he is obliged to receive the Product and thereby accept the Service Provider's performance. In this case, the Service Provider will attempt to re-deliver the Product, if he can agree to this with the Customer, but may make the re-delivery subject to payment of a delivery fee. If the re-delivery is unsuccessful or cannot be agreed with the Customer because the Customer refuses to cooperate, the Service Provider is entitled to terminate the contract with the Customer with immediate effect due to the breach of contract and to claim the cost of the unsuccessful delivery and return as a penalty against the Customer. The Parties agree to use the email used by the Customer when ordering as a form of communication for termination of the contract and record that the date of notification of termination is the date when the termination letter becomes available in the Customer's email account.
10. The Customer is obliged to check the package item by item at the time of delivery and to ensure that the items on the invoice actually match the ordered and delivered products. If any problem arises in this regard, the Customer is obliged to immediately contact the Service Provider's customer service in order to resolve the error.
11. In the event of incomplete performance, the Customer is obliged to sign the receipt. After this, the Service Provider is not able to accept complaints regarding deficiencies.

• Termination of the contract

Automatic cancellation of the Customer's registration at the request of the Customer or due to a violation of the rules constituting a breach of contract results in the termination of the contract.

1. Withdrawal

We would like to draw the attention of Customers to the fact that the webshop/application deals exclusively with the trade of live and/or cut flowers, therefore, pursuant to Government Decree 45/2014. (II.26.) § 29 (1), the applicable 14-day withdrawal period does not apply to it.

1. XIII. Copyright
2. The texts, images, graphic content, audio documents, animations and videos, as well as their instructions, found on the Service Provider's website and in the application are subject to copyright protection and other protective rights.
3. The Service Provider reserves all rights to the content it creates.
4. Any copying, distribution, transfer, modification or other use of the website and the application (electronically or otherwise) for public or commercial purposes, in whole or in part, is prohibited without the prior permission of the Service Provider.
5. This applies in particular to trademarks and brand names, type plates, company logos and emblems of the Service Provider. No license is granted for the use of the intellectual property of the Service Provider or third parties through the website and the application.
6. Under no circumstances may the use of the services result in anyone decrypting, reverse engineering, or otherwise violating the Service Provider's intellectual property rights.
7. Complaints handling
8. The Customer may assert his/her objections directly to the Service Provider by sending a written complaint to the following address: 1126 Budapest, Németvölgyi út 56.; Sági Florist Kft.
9. The Service Provider is obliged to assess the objection and notify the Customer thereof within 48 hours of the receipt of the verifiable objection.
10. If the Customer finds the above objection inappropriate, or the Service Provider's response is unsatisfactory, or if the Service Provider does not respond within the specified deadline, the Customer has the right to file a complaint with the consumer protection authority.
11. The National Consumer Protection Authority's consumer protection information on the most important information regarding online purchases is available here. (Consumer Portal – Webstores (kormany.hu).
12. The customer has the right to contact the competent conciliation body in order to resolve consumer disputes related to the quality of services and the contract out of court.
13. The Customer has the right to go to court and is entitled to enforce his claim before the court in civil proceedings in accordance with the provisions of the Act on the Civil Code and the Act on the Code of Civil Procedure.

• Data protection

1. In accordance with the legal provisions on electronic commerce services and information society services, the Service Provider processes the natural person identification data and address necessary for the identification of the user for the purpose of creating a contract for the provision of services electronically, defining its content, modifying it, monitoring its performance, invoicing the fees arising therefrom, and enforcing the claims related thereto.
2. Data processing is based on the consent of the Customer, therefore, as a condition for the conclusion of the contract between the parties, acceptance of these GTC simultaneously constitutes express consent to the processing of personal data provided by the Customer by the Service Provider. No third party other than the Service Provider is involved in the processing and management of the data. Personal data processed by the Service Provider may be deleted upon the Customer's express request.

• Other conditions

1. The transfer of rights and obligations arising from the Customer's contract, as defined in Section 6:202 of the Civil Code, and the assignment of rights are only possible with a written contract approved and signed by the Service Provider.
2. The Service Provider is free to modify the terms and conditions of purchase, the offers and promotions of the webshop/application at any time. The change shall enter into force from the date of notification in the webshop/application, and shall not apply to previous orders. In addition to the above, the Service Provider is not obliged to notify or provide any justification regarding the introduction of changes.
3. The Parties agree that a mail item duly sent to each other's address as a postal item with return receipt related to their contractual relationship shall be deemed to have been delivered to the other party even if the mail item was not actually deliverable or the other party did not become aware of it, namely from the date of the first attempt at postal delivery of the mail item, or if this cannot be determined, then on the fifth working day from the date of the second attempt at postal delivery, or if this cannot be determined either, or if the second attempt at delivery was not made, then on the day on which the undelivered mail item was returned to the sender by the post office. The Parties agree that they also accept e-mail correspondence as a basic form of written communication between them regarding daily business procedures, in addition to the cases specified in the legislation.
4. These GTC are exclusive; the Service Provider does not recognize any contractual or general business terms and conditions of the Customer that are contrary to or different from these GTC, unless they have been expressly approved in writing. These GTC shall also apply if the Customer, knowing of the terms and conditions that are contrary to or different from these GTC, has accepted the performance of the Product or paid the purchase price to the Service Provider. The Contracting Parties exclude the application of Section 6:63. (5) of the Hungarian Civil Code.
5. These GTC contain all the terms and conditions of their cooperation and legal relationship between the parties, and any previous agreements not included in these GTC are null and void. Any oral agreements made after the conclusion of the contract, in particular subsequent amendments to the contract or these GTC, and any supplementary agreements, shall also require written confirmation from the Service Provider.
6. The Parties shall in all cases attempt to resolve any disputes amicably, through negotiation. If this does not lead to a result, they shall primarily initiate a mediation procedure to resolve the legal disputes. In the absence of an agreement on this matter, the Parties shall stipulate the jurisdiction specified in Act CXXX of 2016 on the Code of Civil Procedure.
7. Only the Parties and third parties expressly authorized in their contractual relationship are entitled to claim the services stipulated in the contract. Third parties not expressly authorized in their contractual relationship are not entitled to claim the services stipulated in this contract.
8. In matters not regulated in these GTC, the provisions of the Civil Code and other relevant Hungarian laws in force at all times shall apply:

• Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society;
• Act CLV of 1997 on Consumer Protection,
• Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses;
• Decree 19/2014. (IV. 29.) of the Ministry of Justice on the procedural rules for handling warranty and guarantee claims regarding goods sold under a contract between a consumer and a business.

9. If certain provisions of these GTC are or become invalid, this shall not affect the validity of the other provisions and the invalidated provisions shall be replaced by provisions that are closest to the original economic objectives of the Service Provider.
10. If the Service Provider does not exercise any of its rights arising from these GTC or the above-mentioned laws, this shall not be considered a waiver of the given right, except for an express waiver of any right notified in writing by the Service Provider.