The present GTCs contain the rights and obligations of Lavender Tihany Gyártó és Forgalmazó Korlátolt Felelősségű Társaság (registered office: 8237 Tihany, Kossuth u. 97; tax number: 24719427-2-19; company registration number: 19-09-516674; e-mail address: hello@lavendertihany.hu; hereinafter referred to as the “Service Provider/Operator”) as the Service Provider and the Customer (hereinafter referred to as the “Customer”) using the e-commerce services provided by the Service Provider. For the purposes of these GTC, the Service Provider and the Customer are hereinafter collectively referred to as the Parties.

DETAILS OF THE OPERATOR:

Company name: Lavender Tihany Kft.

Company registration number: 19-09-516674

Court of registration: the Court of Registration of the Veszprém County Court

Adószám: 24719427-2-19

Community tax number: HU24719427

Bank account: 11748069-20032795

Location: 8237 Tihany Kossuth u 97.

Postal address: 8237 Tihany Major u 65.

Contact: hello@lavendertihany.hu

Phone: +36-20-321-6697

Data Protection Register identifier: under processing (NAIH)

HOSTING PROVIDER:

Name: C-Host Kft.

Address: 1115 Budapest, Halmi utca 29.

Phone: +36-1-445-2040

Email: info@nethely.hu

Website: www.nethely.hu

GENERAL INFORMATION, FORMATION OF A CONTRACT BETWEEN THE PARTIES

1.1. These GTC apply to all electronic commerce services provided in Hungary through the website www.lavendertihany.hu and its sub-sites (hereinafter referred to as the “Website”).

1.2. The Service Provider operates a webshop on its Website (hereinafter referred to as the “Webshop”) for the sale of products manufactured and distributed by the Service Provider to Customers. Purchases from the Webshop are possible by placing an order electronically, as set out in these GTC.

1.3. Any private person or legal entity is entitled to use the services of the Service Provider’s Webshop, provided that he/she registers on the Website validly and successfully, accepts the provisions of these GTC as binding, and pays the purchase price of the product and the delivery costs, as well as the costs of cash on delivery in case of cash on delivery orders.

1.4. The essential properties and characteristics of the goods available for purchase in the Webshop, as well as instructions for the use of the goods, are set out in the product description of the specific item on the Website. The purchase price of products is always the gross price indicated under the selected product. The purchase price of the products does not include the cost of delivery, and in the case of cash on delivery orders, the cost of cash on delivery.

1.5. The Service Provider draws the Customer’s attention to the fact that the Customer, as a consumer, is subject to the provisions of the Hungarian Consumer Code of Conduct No. (II.26.) Korm. Regulation 20. §-may not exercise its right to withdraw from a contract concluded between the parties without giving any reason in the case of a product which is not a prefabricated product, which has been manufactured on the instructions or at the express request of the consumer, or a product which is clearly personalised for the consumer, or a product in a sealed package which cannot be returned after opening after delivery for reasons of health protection or hygiene.

2. REGISTRATION

2.1. You can register by filling in the registration form on the main page of the Website under the Registration menu.

2.2. The Service Provider shall process the personal data provided by the Customer during the registration in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation, “GDPR”) and the 2011 GDPR. CXII. tv. (“Info.tv.”). For more information on data processing, please see the section DATA PROTECTION.

2.3. The Service Provider reminds the Customer to keep and store the user name and password in a place where third parties cannot access them and never disclose these data to third parties. The Service Provider shall not be liable for any damages resulting from the Customer forgetting his password or from it becoming available to unauthorized persons for any reason beyond the control of the Service Provider.

3. THE ORDER

3.1. After the Customer has registered, filled in all the mandatory fields of the order form and verified the data entered, the Customer confirms the purchase offer by clicking on the “Order Cart Contents” icon. If the Customer fills in a field incompletely, the Service Provider will send an error message. Following the error message, the Customer has the possibility to modify or clarify his/her data. If the Customer has duly completed the mandatory fields, after clicking on the order button, he/she will have the opportunity to check his/her data and, if any data is inaccurate or incorrect, he/she may modify it. The Service Provider shall not be liable for any delivery delays or other problems or errors caused by incorrect and/or inaccurate order data provided by the Customer.

3.2. Following the order, the Customer is obliged to pay. Payment options: cash on delivery, bank transfer or credit card payment. If the Customer chooses cash on delivery as one of the payment methods, he/she will also have to pay a cash on delivery handling fee, the cost of which is HUF 400,- gross.

3.3. The Service Provider will accept orders only from registered Customers and only if the Customer completes all the fields required for the order.

3.4. By placing an order, the Customer declares that he expressly accepts and is bound by these General Terms and Conditions.

3.5. The Service Provider is obliged to confirm the purchase to the Customer electronically (by e-mail) after receiving the Customer’s purchase offer (order). The contract between the Parties is concluded upon receipt of the confirmation e-mail. The contract concluded between the Parties in this way – in Hungarian – shall be considered a written contract, the Service Provider shall file it and keep it for 3 (three) months after its conclusion at the Service Provider’s registered office and shall make it available to the Customer within this period. The contract is for a fixed term, which will terminate upon the contractual performance of the Parties. If the confirmation e-mail is not received by the Client within 48 hours from the date of sending the offer, the Client shall be released from the obligation to make an offer and the contract between the Parties shall not be concluded. The order confirmation is deemed to have been received by the Customer when it is made available to him.

3.6 The Customer accepts that the Service Provider may send advertising material to the email address provided by the Customer during the purchase/registration.

4. DELIVERY AND PAYMENT TERMS

4.1 Online credit card payments are made through the Barion system. Credit card details are not passed to the merchant. The service provider Barion Payment Zrt. institution supervised by the Magyar Nemzeti Bank, licence number: H-EN-I-1064/2013.

4.2. The products ordered and in stock on the Website will be delivered by Posta Courier Service (Magyar Post Zrt) within 4-6 working days after payment of the purchase price and delivery fee in case of payment in advance, or within 4-6 working days after the order in case of cash on delivery to the delivery address indicated by the Customer during the ordering process. International deliveries are handled by DPD courier service. Delivery of products not in stock or made to the Customer’s individual order takes 2-14 working days.

4.3. The Service Provider’s subcontractor delivers the ordered goods between 8 a.m. and 5 p.m. on a working day.

4.4. The Customer shall be obliged to verify without delay that the goods delivered correspond to the order, both in quantity and quality. The Service Provider’s subcontractor shall deliver the ordered goods in undamaged, unopened, original packaging to the address indicated in the confirmation. Only packages that are undamaged, unopened, original and have the security tape applied by the Service Provider are considered to be undamaged, unopened and original packages. If the Customer notices any damage or discrepancies, the carrier must, at the Customer’s request, hand over the goods in detail and take a report on the spot.

Domestic delivery charges:
Over 20.000 Ft free delivery

Below 20.000 Ft with courier service – 1490 Ft

International delivery charges:
Slovakia – 3200 Ft
Czech Republic – 4000 Ft
Austria – 5500 Ft
Romania – 5200 Ft
Poland – 4300 Ft

5. COMPLAINT HANDLING

5.1. The Customer may contact the Service Provider with questions and complaints regarding the operation of the Website, orders and possible complaints at the following contact details: mailing address: 8237 Tihany, Kossuth u. 97 , or hello@lavendertihany.hu can be reached at the Service Provider.

5.2. If the Customer does not agree with the handling of the complaint or if the Service Provider is unable to investigate the complaint immediately, the Service Provider shall immediately take a record of the complaint and its position on it. A copy of the minutes shall be sent to the Customer by the Service Provider no later than the time of the reply to the complaint.

5.3. The Service Provider will provide complaints with a unique identifier.

5.4. The Service Provider shall respond to the Customer’s complaints within 30 (thirty) days of receipt at the latest.

5.5. The Customer may enforce any disputes arising from these GTC against the Service Provider through litigation and other legal means, and may also initiate proceedings before the Conciliation Board of Veszprém County, competent at the seat of the Service Provider.

The seat of the Veszprém County Conciliation Board:

Address: 8200 Veszprém, Radnóti tér 1. (Ps. 115-116.)

+36-88-814-121 (during office hours), +36-88-814-111 (secretariat)

Fax: +36-88-412-150

E-mail: info@bekeltetesveszprem.hu

Web: www.bekeltetesveszprem.hu

 

If you have a problem with a product that you have purchased from Lavender Tihany webshop and your complaint has not been validated by Lavender Tihany Kft, you can submit your complaint to the EU online dispute resolution platform (“ODR platform”).

The ODR platform allows consumers and traders in the EU to try to settle complaints about online shopping out of court. This user-friendly and interactive website is available in all official EU languages and is free to use. Using the ODR platform, the consumer and the trader can agree on a dispute resolution body and then go through a process to find a solution to the consumer’s complaint. The ODR platform is available here: http://ec.europa.eu/odr.”

Partial invalidity, code of conduct:

If any provision of the GTC is legally invalid or ineffective, the remaining provisions of the GTC and of the contract between the Operator and the User shall remain in force and the provisions of the applicable legislation shall apply in place of the invalid or defective provision.

The Operator does not have a code of conduct under the Unfair Commercial Practices Act and has not recognised any such code of conduct as binding on it.

6. APPLICATION RULES (45/2014 (II.26.) Gov. regulation)

6.1. The buyer may withdraw from the purchase of products ordered through www.lavendertihany.hu on the basis of this aforementioned conditions within fourteen days without giving any reason. The fourteen-day period starts on the day of receipt of the ordered products.

6.2. The buyer may exercise his right of withdrawal within the time limit by sending a written declaration by email (hello@lavendertihany.hu) or by telephone or in person. The cancellation notice must include all the details of the order, the order code number, the expiry date and serial number of the product, and the date of the order and the date of receipt of the product.

6.3. In their absence, or if for any other reason Lavender Tihany Kft. cannot identify the order/customer/product to which the withdrawal relates and whether it was submitted on time, the withdrawal cannot be accepted.

6.4. In the event of withdrawal, the buyer is obliged to return the products in packaging that ensures the safety and non-damage of the products (at least in the packaging in which they were delivered to him) by registered mail to Lavender Tihany Kft. for the products in question. The cost of returning the goods is borne by the buyer.

6.5. Within a maximum of 14 days after receipt of the electronically sent withdrawal notice, Lavender Tihany Kft. refund to the buyer the amount paid to it by the buyer, provided that it has received the returned goods in undamaged condition within this period. The Lavender Tihany Kft. is entitled to deduct a proportionate amount from the amount to be refunded if more than 70% of the returned product is missing.

6.6. The consumer may exercise his right of withdrawal or termination by means of a model declaration or by means of a clear statement to that effect.

6.7. The consumer may exercise his right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.

6.8. If you withdraw in writing, it is sufficient to send the withdrawal notice within 14 days.

CANCELLATION NOTICE

7. LIBERTY

7.1. Accessories warranty:

In case of defective performance by the Operator, the User may assert a claim for warranty against the Operator according to the rules of the Civil Code.

7.2. The User may choose to enforce the following warranty claims:

7.2.1 You may request the replacement of the product, unless this is impossible or would involve disproportionate additional costs for the Operator compared to the fulfilment of other warranty claims.

7.2.2 If you have not requested or could not request the replacement, you may request a proportionate reduction of the consideration or, as a last resort, withdraw from the contract.

7.2.3 Due to the nature of the products distributed by the Operator, it is not possible to claim for repair of any of the warranty claims.

7.3 The User shall be entitled to transfer from one warranty right to another, but the cost of such transfer shall be borne by the User, unless the transfer was justified or the Operator gave a reason for it.

7.4 The User shall notify the User of the defect immediately upon discovery, but not later than two months after discovery of the defect.

7.5 At the same time, the Operator draws the attention of the Users to the fact that they may not enforce their rights of warranty beyond the two-year limitation period from the date of performance of the contract. For second-hand goods, this period is one year.

7.6 The Operator does not distribute used products.

7.7 Within six months from the date of performance, the User shall not be entitled to claim for any additional warranty other than the notification of the defect, if the User proves that the product or service was provided by the Operator. However, after six months from the date of performance, the User shall prove that the defect detected by the User existed at the time of performance.

7.8 Product Warranty:

In the event of a defect in the product, the User may, at his/her option, claim under the accessories warranty or the product warranty.

7.8.1 As a product warranty claim, the User may only request the replacement of the defective product, but the product shall be deemed defective even if it does not meet the quality requirements in force at the time of its placing on the market or if it does not have the characteristics described by the manufacturer.

7.8.2 The Operator also refers here to the fact that, due to the nature of the products it distributes, the request for repair is unfeasible.

7.8.3 The User may assert a product warranty claim within two years from the date of placing the product on the market by the manufacturer. After this time limit, you lose this right.

7.8.4 The product warranty claim can only be exercised against the manufacturer or distributor of the movable item. The Customer must prove the defect of the product in the event of a product warranty claim.

7.8.5 The manufacturer (distributor) shall be exempted from its product warranty obligations only if it can prove that:

  • manufactured or marketed the product for purposes other than its business, or
  • the defect was not detectable according to the state of science and technology at the time it was placed on the market, or
  • the defect in the product results from the application of a legal or regulatory requirement.

The manufacturer (distributor) only needs to prove one reason for exemption.

7.8.6 The Operator draws the attention of the Users to the fact that warranty claims for accessories and product warranty claims for the same defect cannot be asserted simultaneously. However, in the event of a successful product warranty claim, the manufacturer may be held liable for the replacement product or the repaired part.

7.8.7 Lavender Tihany shall not be liable for any product defects resulting from improper storage and use. The warranty claim and the performance thereof shall be governed by the provisions of the Civil Code relating to defective performance.

8. OTHER

8.1. Purchasing from the Webshop implies the Customer’s knowledge of the technical and technological limitations of the Internet and acceptance of the potential for error inherent in the technology.

8.2. The Service Provider shall not be liable for any damage caused as a result of the connection to the Website. The Customer is responsible for protecting his/her computer and the data on it.

8.3. The Service Provider may modify the terms and conditions of these GTC at any time. Any modification will take effect upon publication on the Website. However, the amendment of the GTC shall not affect the contracts already concluded, the terms and conditions set out therein, or the Service Provider’s obligation to provide services under the contract concluded.