Privacy Policy

These General Terms and Conditions (hereinafter: GTC) set out the rights and obligations of the Customer (hereinafter: Customer) using the electronic commerce services provided by Tündérkert Őrség (registered office: 9932 Viszák, Fő utca 137., tax number: 11944739218) (hereinafter: Company or Service Provider) through the tunderkertorseg.hu website. (The Service Provider and the Customer are hereinafter jointly referred to as: the Parties). The GTC apply to every legal transaction and service that takes place through the tunderkertorseg.hu website, regardless of whether it is performed from Hungary or abroad, by the Service Provider or its contributor.

1. General information, conclusion of the contract between the Parties

1.1. The scope of these GTC extends to every electronic commerce service provided within the territory of Hungary that takes place through the electronic store (hereinafter: Webshop) located on the tunderkertorseg.hu website (hereinafter: Website). Furthermore, the scope of these GTC extends to every commercial transaction within the territory of Hungary that is concluded between the Parties defined in this contract. Purchases in the Webshop are governed by Act CVIII of 2001 on certain issues of electronic commerce services and information society services ("Ektv.").

1.2. Purchasing in the Webshop is possible by placing an order electronically, in the manner specified in these GTC.

1.3. A significant part of the Webshop's services is available to all users, even without registration. However, certain services require registration (and subsequent login), which anyone is entitled to do in accordance with the provisions of the GTC. These services relate to the wholesale interface and to registered customers. Registration is not mandatory for placing an order.

1.4. The Service Provider accepts the order (offer) of the guest Customer by means of a separate acceptance e-mail (confirmation e-mail), in which the Customer is informed, among other things, of the conclusion of the contract and the expected delivery time. After the order has been placed, the contract may be freely modified or cancelled without consequences until its fulfilment. This is possible by telephone and by electronic mail. The contract concluded between the Parties upon the purchase of the goods in the Hungarian language qualifies as a contract put in writing; the Service Provider registers it and retains it for 5 years following its conclusion. Registered Customers do not require a separate acceptance e-mail confirmation; after clicking the "Order" button, the contract qualifying as a written contract is concluded immediately between the Customer and the Webshop.

1.5. Customer service and personal order collection

• Office address: 9932 Viszák, Fő utca 137.
• Telephone number: +36 30 9395 395
• Opening hours: %%nyitvatartas%%
• Our central e-mail address: tunderkert@tunderkertorseg.hu

2. Registration

2.1. Registration may take place under the Registration menu item found on the Homepage, by completing the form provided there, which consists of two parts. A preliminary data request (a freely chosen username, a valid e-mail address and a chosen password must be provided) is followed, after clicking the link sent in the e-mail serving to validate the registration, by a more detailed personal data form, which may also be completed prior to placing orders. By registering on the Website, the Customer declares that they have become acquainted with and accept the terms of these GTC and the Privacy Policy published on the Website, and that they consent to the data processing set out in the Privacy Policy.

2.2. The Service Provider bears no liability whatsoever for any delivery delay or other problem or error attributable to data provided incorrectly and/or inaccurately by the Customer. The Service Provider bears no liability for damages arising from the Customer forgetting their password, or from it becoming accessible to unauthorised persons for any reason not attributable to the Service Provider. The Service Provider treats every registration as a separate legal person. The previously recorded data may be changed after logging in, under the Modify personal data menu item accessible after clicking the Personal settings link, which may also affect the data of active orders. The Service Provider bears no liability whatsoever for any damage or error arising from the modification of the registered data by the Customer.

3. Ordering

3.1. The essential properties and characteristics of the goods to be purchased, as well as the instructions for use of the goods, can be learned from the information page of the specific product item, with the proviso that the detailed actual properties of the goods are contained in the instructions for use attached to the product. It qualifies as performance in accordance with the contract by the Service Provider if the product has more favourable, more advantageous properties than the information provided on the website or in the instructions for use. If you have any questions regarding the goods before purchasing, our customer service is happy to assist you. If you require more information than that provided on the website regarding the quality, essential properties, use or usability of any goods found in the Webshop, please contact our customer service, the details and contact information of which can be found in point 1.5.

3.2. The purchase price is always the amount indicated next to the selected product, which, unless otherwise marked, already includes value added tax. The purchase price of the products does not include the cost of delivery.

3.3. The Service Provider reserves the right to change the prices of the products that can be ordered from the Website, with the proviso that the modification takes effect simultaneously with its appearance on the Website. The modification does not adversely affect the purchase price of products already ordered.

3.4. If, despite all the care of the Service Provider, an incorrect price appears on the Webshop interface, in particular an obviously erroneous price, e.g. one significantly differing from the well-known, generally accepted or estimated price of the product, or a price of "0" HUF or "1" HUF appearing due to a system error, then the Service Provider is not obliged to deliver the product at the incorrect price, but may offer delivery at the correct price, in the knowledge of which the Customer may withdraw from their intention to purchase.

3.5. We accept orders from registered or guest Customers through the Service Provider's website. Our system only accepts your order if the Customer completes all fields necessary for the order fully, in good faith and with valid data, and if our guest Customers confirm the confirmation message. (If the Customer completes any field incorrectly or incompletely, they receive an error message from the Service Provider.) The Service Provider bears no liability whatsoever for any delivery delay or other problem or error attributable to order data provided incorrectly and/or inaccurately by the Customer.

3.6. Placing an order in the Webshop is possible both as a guest buyer without registration and after logging in following registration, using the Cart. The Customer can place the selected products in their Cart using the "Add to cart" link found on the page describing the detailed data of the product, which appears after clicking on the individual products. The contents of the Cart can be modified after clicking the "Cart" link, where the desired quantity of the individual products can be specified, and the contents of the Cart can be modified or deleted. Once the Customer has finalised the contents of the Cart, they place their order by clicking the "Order" button. From the summary page, after clicking the "Back" link, the Customer can again modify the contents of their Cart and other data according to their needs. The placing of the order and the sending of the offer takes place after clicking the "Order" button found on the Cart summary page.

3.7. After the arrival of the Customer's purchase offer (order), the Service Provider is obliged to confirm the purchase to the Customer electronically (by e-mail), which takes place in accordance with point 1.4. If this confirmation does not reach the Customer within 48 hours of sending the offer, then the offer commitment of the Service Provider, as well as any obligation of the Customer, ceases automatically, without any further conditions. In the event that the order confirmation message does not arrive, please contact our customer service.

4. Delivery and payment terms

4.1. The Service Provider delivers the ordered goods requested for home delivery to the home address using its own means of transport or by engaging a freight forwarding company. The carriage charge is borne by the Customer in such a way that the carriage charge is indicated on the invoice. You can find out about our current delivery charges at https://tunderkertorseg.hu/szallitasi-dijak. If several orders arrive from the same Customer on the same day, these are taken into account separately for the purposes of the home delivery charge. If the Customer indicates this when placing the second order and there is still an opportunity to do so based on the Service Provider's response, the Service Provider may combine the orders; there is no possibility to subsequently combine packages that have already been dispatched. The Service Provider reserves the right to change the delivery charge, with the proviso that the modification takes effect simultaneously with its appearance on the Website. The modification does not affect the purchase price of products already ordered.

4.2. After the order can be fulfilled, the Service Provider provides the Customer with the opportunity to choose the delivery time, which does not indicate a specific time but serves only for the selection of an approximate delivery interval. The Service Provider is not able to undertake delivery at a specified hour. The delivery deadlines published on the Website are for information purposes only; the actual delivery deadline is in every case stated in the order confirmation.

4.3. Certain products – based on prior notice from the Customer – may also be collected in person at the warehouse of the Service Provider indicated in point 1.5.

4.4. The Service Provider fulfils the services ordered on the Website at the location stated in the order confirmation sent to the Customer by e-mail.

5. Right of withdrawal, its method and consequences

5.1. A person qualifying as a consumer may withdraw from the contract within 14 working days without giving reasons. The method of doing so is governed by Government Decree 17/1999 (II.5.) on contracts concluded between absent parties. The Customer may exercise the right of withdrawal from the day on which they took receipt of the goods. The right of withdrawal may also be exercised in the case of personal collection. The Customer may communicate their declaration of withdrawal to the Service Provider at the telephone number, postal address or e-mail address indicated among the Service Provider's data. In the event of exercising the right of withdrawal, the Customer must arrange for the return of the product at their own expense. The Customer may not return the product affected by the withdrawal by cash on delivery; the Service Provider does not accept receipt by cash on delivery. In the event of withdrawal, the Service Provider may demand from the consumer compensation for damages arising from the improper use of the goods. Apart from these, the Customer bears no other costs in connection with the withdrawal. Please always return the product to our address in Érd! The Service Provider transfers back the amount paid by the Customer in full to the Customer in accordance with the provisions of the applicable legislation, without delay, but at the latest within 30 days following the withdrawal.

5.2. The Customer may not exercise their right of withdrawal:

• in the case of the sale of a product that is bound to the person of the Customer, or that was produced according to the Customer's instructions or at their express request, or that by its nature cannot be returned
• if the Customer has opened the packaging, as well as in further cases specified by legislation.

5.3. The provisions set out in this point apply exclusively to our Customers (consumers) concluding a contract for a purpose falling outside the scope of their economic or professional activity.

6. Guarantee, warranty

6.1. Mandatory guarantee, warranty

The Service Provider bears a guarantee obligation with respect to its products on the basis of the Civil Code and Government Decree 151/2003.
In the case of a consumer contract, under the Civil Code the entitled party may enforce their warranty rights within a limitation period of six months calculated from the time of performance; however, in the case of a consumer contract the duration of the limitation period is two years. In the case of a consumer contract, the entitled party may raise their objection within two months of discovering the defect.

6.2. The Customer may enforce their rights related to the guarantee from the time of performance by the Service Provider (the day of handover-takeover or commissioning) during the period of the guarantee term.

6.3. The Customer is entitled to enforce their rights related to the guarantee only upon presentation or handover of the invoice issued to certify payment, handed over by the Service Provider at the time of receipt of the product. The Customer must prove the fact of the purchase beyond all doubt.

7. Liability

The information found on the Website was posted in good faith; however, it serves exclusively informational purposes, and the Service Provider assumes no liability for the accuracy or completeness of the information. The Customer may use the Website exclusively at their own risk, and accepts that the Service Provider assumes no liability for pecuniary and non-pecuniary damages arising during use, beyond liability for breach of contract caused intentionally, by gross negligence, or by a criminal offence, and for that which harms life, bodily integrity or health. The Service Provider excludes all liability for the conduct displayed by the users of the Website.

The Customer is fully and exclusively liable for their own conduct; in such a case the Service Provider fully cooperates with the proceeding authorities in order to uncover the infringements. The Service Provider is entitled, but not obliged, to check the content possibly made accessible by the Customers during the use of the Website, and with respect to the published content the Service Provider is entitled, but not obliged, to search for signs indicating the conduct of unlawful activity.

Due to the global nature of the Internet, the Customer accepts that during the use of the Website they will act taking into account the provisions of the relevant national legislation. If any activity connected with the use of the Website is not permitted under the law of the Customer's state, the Customer alone bears liability for the use.
If the Customer detects objectionable content on the Website, they are obliged to report it to the Service Provider without delay. If, in the course of its good-faith procedure, the Service Provider finds the report to be well-founded, it is entitled to delete or modify the information without delay.

8. Copyright

8.1. The Website is under copyright protection. The Service Provider is the copyright holder, or the authorised user, of all content displayed on the Website and during the provision of the services available through the Website: of any copyrighted work or other intellectual creation (including, among others, all graphics and other materials, the layout and editing of the Website's interface, the software and other solutions used, the idea and the implementation).

9. Possibilities for the enforcement of rights

9.1. Customer service for buyers: the customer services indicated in point 1.5.

9.2. Other possibilities for the enforcement of rights

Lodging a complaint with the consumer protection authorities.

If the Customer detects a violation of their consumer rights, they are entitled to lodge a complaint with the consumer protection authority competent according to their place of residence. After adjudicating the complaint, the authority decides on the conduct of the consumer protection procedure. Conciliation body. For the purpose of the out-of-court, amicable settlement of a consumer dispute related to the quality and safety of the products and the application of the product liability rules, as well as to the conclusion and performance of the contract, the Customer may initiate a procedure before the conciliation body operating alongside the professional chamber competent according to their place of residence.

Consumer Protection Chief Inspectorate
(1052 Bp., Városház u.7., tel.:318-2681)

%%bekelteto%%

Court proceedings.

The Customer is entitled to enforce their claim arising from a consumer dispute before a court within the framework of civil proceedings, in accordance with the provisions of Act IV of 1959 on the Civil Code, as well as Act III of 1952 on the Code of Civil Procedure.

10. Miscellaneous

10.1. The security level of the Webshop is adequate, and its use does not pose a risk; however, we recommend that you take the following precautions: use virus and spyware protection software with an up-to-date database, and install the security updates of the operating system. Purchasing on the Website presupposes the Customer's knowledge of the technical and technological limitations of the Internet and the acceptance of the possibilities for error inherent in the technology.

10.2. The Service Provider is entitled to unilaterally modify the terms of these GTC at any time. The Service Provider informs the users of the modifications by e-mail prior to their entry into force. When the modifications enter into force, registered users must expressly accept them upon logging in to the site in order to use the site.