The present General Terms and Conditions (hereinafter referred to as the GTC) contain the terms and conditions applicable to the webshop selling Mediterranean ornamental plants operated by Kiss Krisztián (8976 Nemesnép, Arany János utca 16., tax number: 58165050-1-40, hereinafter referred to as the Service Provider) at www.bougainvilleawebshop.com/en.

The GTC set out the rights and obligations arising from the legal relationship between the Service Provider and the Customer (or Consumer) during the purchase in the webshop, the conditions of the conclusion of the contract, the liability rules, the performance and delivery conditions, and the rules for exercising the right of withdrawal, regardless of whether the performance takes place in Hungary or the other mentioned country in point 1.

The contract concluded on the basis of this document shall not be registered (it shall not be accessible subsequently, the conclusion of the contract shall be evidenced by the order data), shall be concluded by a declaration of implied conduct, shall not constitute a written contract and shall be written in English.

In case of questions regarding the operation of the webshop, ordering and delivery process, we are available at the contact details provided. These GTC apply to the legal relations on the Service Provider's website (www.bougainvilleawebshop.com/en) and its subdomains. These GTC are permanently available on the website: www.bougainvilleawebshop.com/en/gtc/.

1. Service provider’s details

Name: Kiss Krisztián

Address: 8976 Nemesnép, Arany J. u. 16., Hungary

Tax number: 58165050-1-40

Registration number: 56806359

Phone number: +36 30 656 5574

E-mail address: hello@bougainvilleawebshop.com

Website: www.bougainvilleawebshop.com/en

Representative: Kiss Krisztián

Service Provider's scope of activity: the Service Provider sells exotic ornamental plants, bougainvilleas (hereinafter referred to as "Plants") online through the Service Provider's own webshop.
We sell our plants in the following countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Romania, Slovakia, Slovenia, Spain, the Netherlands.
Plant sales outside the specified countries are not covered by our operating license.
These GTC are prepared in Hungarian and English language (contracting in another language is not an option).

The www.bougainvilleawebshop.com/en website is hosted by Websupport Hungary Kft.

Address: 1119 Budapest, Fehérvári út 97-99.

Company registration number: 01-09-381419

Tax number: 25138205-2-43

Website: www.ezit.hu

Phone number: +36 1 700 4030

2. Basic provision

2.1 Issues not regulated in these GTC and the interpretation of these GTC shall be governed by Hungarian law, in particular with regard to the provisions of Act V of 2013 on the Civil Code ("Civil Code") and Act CVIII of 2001 on certain issues of electronic commerce services and information society services (electronic commerce law), as well as the provisions of Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. Specific products are subject to the relevant sectoral legislation. The mandatory provisions of the relevant legislation shall also apply to the parties without any special stipulation.

2.2 These GTC shall enter into force on 27 February 2022 and shall remain in force until revoked. The personal scope of these GTC shall apply to the Service Provider and to the Customers using the webshop operated by the Service Provider under the website www.bougainvilleawebshop.com/en.

2.3 The Service Provider shall publish any changes to these GTC on the website and shall notify registered/previously Purchasing Users of the changes by e-mail. The amendments do not affect previously concluded contracts, i.e. the amendments do not have retroactive effect.

2.4 The Service Provider reserves all rights in and to the Website, any part of the Website and the content displayed thereon, and the distribution of the Website. The downloading, electronic storage, processing and sale of the contents of the website or any part thereof without the written consent of the Service Provider is prohibited.

2.5 The Service Provider shall not be liable for the sale or purchase of products published on other websites not linked to the Service Provider and not operated by the Service Provider.

3. Registration, purchase

3.1 When registering/purchasing, the Customer is obliged to provide his/her own, real data. In the event of false data or data that can be linked to another person provided during the purchase/registration, the resulting electronic contract shall be null and void. The Service Provider excludes its liability if the Customer uses its services in the name of another person and with the data of another person.

3.2 The Service Provider shall not be liable for any delivery delays or other problems or errors resulting from incorrect and/or inaccurate data provided by the Customer. However, the Service Provider informs the Customers that, after consultation and clear identification with the Customer, it may correct the incorrectly entered data in the order, so that billing and delivery are not hindered.

3.3 The Service Provider shall not be liable for any damages resulting from the Customer forgetting his password or if it becomes available to unauthorised persons for any reason not attributable to the Service Provider.

4. Range of products and services available for purchase and prices

4.1 The products displayed in the online shop can only be ordered online.

4.2 The images displayed on the Products are the Service Provider's own images of the mother plant. They are intended to illustrate the variety and colour of the plant. When fulfilling orders, we do not mail the mother plants, but their propagation, in flowering or non-flowering condition.

4.3 The prices displayed for the products are in EUR, gross prices, exempt from VAT due to the exemption from subject tax (the purchase is invoiced with VAT at EUR 0, exempt from subject tax (AAM)). The prices of the products do not include charges for delivery and payment. No extra packaging costs are charged.

4.4 If a special price is introduced, the Service Provider will fully inform Customers of the promotion and its exact duration.

4.5 If, despite all the care taken by the Service Provider, an incorrect price is displayed on the Webshop interface, or a price of "0" EUR or "1" EUR due to a system error, the Service Provider is not obliged to confirm the order at the incorrect price, but has the option to reject the offer and offer to confirm the correct price, in the knowledge of which the Customer has the right not to accept the modified offer. Incorrect price means a price at which the Contractor does not have the contractual will to enter into the contract. According to Act V of 2013 on the Civil Code (Civil Code), a contract is concluded by the mutual and consensual expression of the will of the parties. If the parties cannot agree on the contractual terms, i.e. if there is no mutual and unanimous expression of the will of the parties, there is no valid contract, which would give rise to rights and obligations.

5. Order

5.1 After registration, the Customer logs into the webshop and/or can start shopping without registration.

5.2 During the visit to the webshop, after having been informed about the product(s), the Customer sets the number of items of the product(s) to be purchased. By clicking on the "ADD TO CART" icon, the Customer can add the product(s) to his/her virtual shopping cart without incurring any obligation to purchase or pay, as adding the product(s) to the shopping cart does not constitute an offer. The placement of the product(s) in the virtual shopping cart is carried out by clicking on it, and the Customer does not receive a separate notification of the placement in the virtual shopping cart. In the virtual shopping basket, the Customer may obtain information on the name, quantity and gross price of the product(s). In the case of multiple products, all these data are displayed separately for each product on the online interface. The customer can view the contents of the basket at any time by clicking on the "BASKET" icon.

5.3 If the Customer wishes to add more products to the shopping cart, he/she can click on the "ADD TO CART" button. If you do not wish to purchase any additional products, you can check the number of items you wish to purchase. Click on the "DELETE" icon to delete the contents of the basket. The customer can finalize the quantity by clicking on the "+,-" icons next to the "Quantity" icon.

5.4 The Customer has the possibility, at his/her option, to fix coupon codes entitling him/her to a discount periodically applied by the Service Provider, which will modify the amount to be paid. The Customer is then entitled to return to the webshop to inquire about the purchase of other product(s) or to complete the purchase of the products in the "Cart" and proceed with the further steps to purchase the selected product(s) by clicking on the "CONTINUE TO CART" button.

5.5 If the Customer wishes to complete the purchase of the product(s), he/she will provide his/her contact, billing and delivery details.

5.6 Delivery and payment terms, information in case of a Hungarian address

5.6.1 Delivery costs: The Customer shall be liable to pay the charges. The gross price of the Product(s) does not include the shipping costs, which will be indicated separately to the Customer. The Supplier shall always inform the Customer of the delivery charges before finalising the payment on the order summary interface.

Delivery conditions:

The Service Provider will generally post the current weekly orders the following week. As the Service Provider delivers live plants, it is more cautious than for a traditional product. This caution also applies to the time of assembly and dispatch of the package.

The Service Provider places orders primarily on Mondays, Tuesdays and Wednesdays for delivery by Friday.

The Service Provider shall not be liable for the contents and condition of the parcel if the Customer is not at the delivery address or does not pick up the parcel at the delivery time indicated by the Carrier.

The ordered goods are delivered by the GLS or by the MPL in Hungary (hereinafter referred to as the Carrier) parcel delivery service, on working days between 8 a.m. and 5 p.m. The Carrier will inform the Customer by e-mail and/or text message when the parcel is dispatched that the parcel will be delivered on the next working day. On the morning of the day of delivery, the Customer will also receive a notification containing the courier's phone number, the customer service phone number and a 3-hour window of expected delivery.

Customer is subject to the provisions of the Civil Code. 6:127, the Customer is obliged to inspect the parcel without delay before the courier at the time of delivery and, in the event of any damage to the products or packaging, to request a report to be made, and in the event of damage, not to accept the parcel. If the Customer does not inspect the parcel, he/she is in breach of contract and shall bear the consequences (difficulty in proving the condition of the goods).

If delivery of the parcel fails the first time, the Carrier will make a second attempt to deliver the parcel free of charge. The second delivery will be made no later than the fifth working day following the first delivery attempt. As the Service Provider is mailing live plants, the Customer is reminded to take extra care to be at the delivery address and to pick up the parcel at the first delivery time. In the event of any failure of the pick-up, the Customer will immediately contact the Carrier to have the parcel delivered at the next earliest possible time. If the Customer fails to do so, the Service Provider cannot be held responsible for the integrity of the parcel - due to the rapidly deteriorating nature of live plants: requiring daily watering, etc. A third attempt at delivery is not possible, but the delivery is deemed to have been successful.

In the event of a definitive failure to deliver the parcel for any reason, the Service Provider is not entitled to refund the value of the parcel and the freight charges to the Customer.

5.6.2 Shipping fees for GLS courier service in Hungary:

The delivery prices are valid until 31 October 2024, when selecting GLS courier service in Hungary.

5.6.3 Shipping fees for MPL courier service in Hungary:

The delivery prices are valid until 31 October 2024, when selecting MPL courier service in Hungary.

5.6.4 Shipping fees for INTERNATIONAL delivery:

International shipping and payment terms differ from those detailed in the previous section. All information about this is available on the website at www.bougainvilleawebshop.com/en/shipping.

To ensure that live plants are delivered safely, we only provide home delivery options through GLS or MPL courier services. This is because live plants are specialized items that cannot be stored at parcel points or post offices without risking damage or harm. MPL courier service classifies live plants as "fragile" packages.

5.6.5 The payment for the product(s) purchased on the webshop operated by the Service Provider can be made by direct payment by credit card to the Service Provider using the SimplePay application. The payment by credit card is made through the secure payment system of the financial service provider used by the Service Provider and the Customer's credit card details are not transmitted to the Service Provider.

SimplePay:

The Customer acknowledges and accepts that the following personal data stored by the Service Provider in the user database of www.bougainvilleawebshop.com/en will be transferred to OTP Mobil Kft. (1093 Budapest, Közraktár u. 30-32.) as data processor. The following data are transferred by the data controller: user name, surname, first name, country, telephone number, e-mail address. Purpose of the data transfer: customer service assistance to users, confirmation of transactions and fraud monitoring for the protection of users.

The nature and purpose of the processing activities carried out by the data processor can be found in the SimplePay Privacy Policy at the following link: simplepay.hu/vasarlo-aff

5.7 Correcting data entry errors: in all cases, before completing the order process, the customer can go back to the previous phase and correct the data entered.

5.8 After entering the billing and delivery details, Customer can check the selected products, quantity and details once again by clicking on the "GO TO PAYMENT SUMMARY" button. Customer has the possibility to add a comment to his order. The total amount to be paid includes all costs based on the order summary and confirmation letter.

5.9 If the Customer finds everything in order, he/she can finalize the order by clicking on the "ORDER" button. By placing an order, the Customer acknowledges that he/she is liable to pay.

5.10 In the event of errors or omissions in the products or prices in the webshop, the Service Provider reserves the right to correct them. In such a case, the customer will be informed of the new data immediately after the error has been detected or amended. Customer may then confirm the order once again or withdraw from the contract.

5.11 Customer will receive confirmation by e-mail after sending the order. If this confirmation has not been received by the Customer within a reasonable period of time, depending on the nature of the service, but no later than 48 hours after the Customer's order has been sent, the Customer shall be released from the obligation to make an offer or contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the Customer at the time when it becomes available to the latter. The Service Provider shall exclude its liability for confirmation if the confirmation is not received in time because the Customer has entered an incorrect e-mail address during registration or is unable to receive a message due to the storage space in his account being full.

5.12 The Customer acknowledges that the confirmation referred to in the previous point is only an automatic confirmation and does not constitute a contract. The contract shall be concluded when the Service Provider notifies the Customer of the details of the order and its expected fulfillment by e-mail following the automatic confirmation referred to in the previous point.

5.13 The Service Provider shall issue an invoice for the product(s) ordered and paid for by the Customer. The invoice will be sent to the Customer by the Service Provider by e-mail, confirming that the contract is deemed to have been concluded by the Service Provider and containing the essential terms and conditions thereof.

5.14 If the Customer has provided an incorrect name or address on the invoice and the invoice has been issued with this content, the Customer has one opportunity to request a change to the invoice, which must be notified within a maximum of 5 calendar days from the date of issue of the invoice. The Customer may submit a request for an invoice amendment by sending an e-mail to hello@bougainvilleawebshop.com.

5.15. If the Customer chooses to pay in advance, he/she is obliged to pay the amount of the order within 24 hours after the confirmation. If this does not happen, the Service Provider is entitled to cancel the Customer's order, which the Customer will be informed of by e-mail.

6. Processing and fulfilling orders

6.1 Orders are processed during working hours. It is possible to place an order outside the times indicated as order processing times, if the order is placed after the end of working hours, it will be processed on the following day. The Service Provider's customer service will always confirm electronically when it can process your order.

6.2 The Service Provider will endeavour to ensure that the order received via the webshop will be delivered to the delivery address provided by the Customer as soon as possible. The time of delivery of the product(s) depends on the day on which the Customer ordered the product. For more information on this, please refer to section 5.6.1 (Delivery terms). General delivery time, within 3-10 days from the date of the contract. The Service Provider reserves the right to agree delivery terms with the Customer on specific delivery terms. The Customer agrees that the Supplier's liability for any defect in performance due to a stock registration error shall be limited to the sum of the purchase price and the delivery charge paid by the Customer. For the purposes of this clause, the delivery deadline shall be deemed to have been met even in the event of an unsuccessful delivery attempt (e.g. the person authorised to receive the product(s) is not present at the delivery address at the time of delivery). The Service Provider reserves the right to amend the deadline for delivery of the product(s) to the Customer at any time by amending the provisions of these GTC.

6.3 Under the sales contract, the Service Provider is obliged to transfer the ownership of the product, the Customer is obliged to pay the purchase price and take delivery of the product. The Customer may modify or cancel his order until the Service Provider delivers it to the Carrier, after which the Customer acknowledges that he cannot exercise his right to modify or cancel the order due to the nature of the product (live plants).

6.4 In the event of a delay on the part of the Supplier, the Customer shall be entitled to set a grace period. If the Service Provider does not perform within the grace period, the Customer is entitled to withdraw from the contract.

6.5 The Customer shall be entitled to withdraw from the contract without setting a grace period if
a) the Service Provider has refused to perform the contract; or
b) the contract should have been performed at the time of performance agreed by the parties or in accordance with the recognisable purpose of the service and not at any other time.

6.6 If the Service Provider fails to perform its contractual obligation because the product specified in the contract is not available, it shall immediately inform the Customer thereof and immediately refund the amount paid by the Customer, and the Service Provider shall ensure that the Customer asserts its other rights provided by law in the event of defective performance.

6.7 The Service Provider draws the attention of the Customers to the fact that if the Customer does not take delivery of the ordered product(s), the Customer is in breach of contract, according to the Civil Code 6:156 (1).

6.8 This means that the Service Provider shall also claim the usual costs of storage and the delivery costs (return) for the product(s) in accordance with the rules of the business without order.

6.9 The Service Provider draws the attention of the Customers to the fact that it will use the assistance of its lawyers to enforce any legal claims arising in this way, so that the payment of other (legal) costs (including fees for the order for payment procedure) arising from the breach of contract will also be borne by the Customer.

6.10 Furthermore, the Service Provider shall not be liable for the contents of the parcel and its condition if the Customer is not at the delivery address or does not collect the parcel at the delivery time indicated by the Carrier.

7. Right of withdrawal

7.1 Pursuant to the provisions of Directive 2011/83/EU of the European Parliament and of the Council and Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses, the Customer may withdraw from the contract within 14 days of receipt of the ordered product without giving any reason, and return the ordered product. If the business does not comply with this information, the 14-day withdrawal period is extended by twelve months. If the Supplier gives the information after the expiry of the 14 days from the date of receipt of the product or the date of conclusion of the contract, but within 12 months, the period for withdrawal shall be 14 days from the date of communication of this information.

7.2 The Customer may exercise the right of withdrawal by means of an unambiguous declaration to this effect or by means of the model declaration set out in Annex 2 to Government Decree No. 45/2014 (26.II.26.).

7.3 The period for exercising the right of withdrawal shall expire 14 days after the day on which the Customer or a third party other than the carrier and indicated by the Customer takes delivery of the goods.

7.4 The Customer may also exercise his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the goods.

7.5 If the Customer withdraws from the contract concluded with the Service Provider in accordance with the previous clause, the Service Provider shall reimburse the Customer for the total amount paid by the Customer as consideration, including the costs incurred in connection with the performance, within 14 days of becoming aware of the withdrawal at the latest.

7.6 The Customer cannot exercise his/ her right of withdrawal

a) service contracts after the service has been fully performed but, if the contract places the consumer under an obligation to pay, only if the performance has begun with the consumer’s prior express consent and acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;

b) in respect of a product or service whose price or charge is subject to fluctuations in the financial market which are beyond the control of the undertaking and which may occur during the period specified in Article 20(2);

c) the supply of goods made to the consumer’s specifications or clearly personalised;

d) the supply of goods which are liable to deteriorate or expire rapidly;

e) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

f) the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;

g) he supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;

h) * - with the exception of paragraph 2, in the case of a contract for a service where the undertaking, at the express request of the consumer, visits the consumer in order to carry out urgent repair or maintenance work;

i) the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;

j) the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;

k) contracts concluded at a public auction;

l) the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;

m) in respect of digital content provided on a non-tangible medium, where the undertaking has commenced performance with the consumer's express prior consent and the consumer has, at the same time as giving that consent, declared that he acknowledges that he loses his right under Article 20 once performance has begun.

(2) In the case specified in point (h) of paragraph (1), the right under Article 20 shall extend to services or products offered in addition to those expressly requested by the consumer and to replacement parts used to carry out the maintenance or repair.

7.7 Terms and conditions of withdrawal for live plants applied by the www.bougainvilleawebshop.com/en webshop:

In the case of a contract concluded through the www.bougainvilleawebshop.com webshop operated by the Service Provider, the Customer shall have the right to withdraw from the contract without giving any reason within 14 days of the date of receipt of the product(s) delivered on the basis of the order by the Customer or a third party other than the carrier, as designated by the Customer, if the product(s) does not qualify as perishable or short-lived products as defined in Article 29 (1) d) of Government Decree No. 45/2014 (26.II.).

On this basis, the Customer can not exercise the right of withdrawal in respect of product(s) that are live plants or are perishable by nature or have a short shelf life.

The Mediterranean ornamental plants sold in the webshop are perishable and their quality is short-lived. This is because they are in containers and therefore require daily watering (several times a day in hot summer weather).

A guide to plant care is available at the following link: www.bougainvilleawebshop.com/en/#care

The Service Provider informs the Customer that the right of withdrawal may be exercised in accordance with the law in respect of products that are perishable or do not qualify as products that retain their quality for a short period of time, as defined in Section 29 (1) d) of Government Decree 45/2014 (26.II.).

7.8 The Service Provider shall refund the amount paid to the Customer, including the delivery charge, immediately upon receipt of the notice of withdrawal in accordance with the above legislation, but no later than 14 days after becoming aware of the withdrawal.

7.9 The refund will be made by the same method of payment as the original transaction, unless the Consumer expressly agrees to another method of payment; the Consumer will not incur any additional costs as a result of this method of refund.

7.10 The Consumer shall return the goods or drop them off at the Supplier's address without undue delay and in any case no later than 14 days after the date of sending the notice of withdrawal from the contract to the Supplier.

7.11 In the event of a written cancellation, it is sufficient for the Customer to send the notice of cancellation within 14 days.

7.12 The Customer will be in compliance with the time limit if he returns or surrenders the product(s) before the expiry of the 14-day period. A return is deemed to have been made within the time limit if the Customer returns the product(s) before the expiry of the time limit.

7.13 If the Customer expressly chooses a mode of transport other than the least costly usual mode of transport, the Service Provider shall not be obliged to reimburse the additional costs resulting therefrom.

7.14 The Service Provider may withhold reimbursement until the goods(s) have been returned or the Customer has provided proof that they have been returned, whichever is the earlier.

7.15 If the Customer wishes to exercise his right of withdrawal, he may do so in writing, by telephone or in person at one of the Service Provider's contact details. In the case of written notification by post, the date of posting will be taken into account, and in the case of notification by telephone, the date of notification by telephone will be taken into account. You may return the ordered product to the Service Provider by post or courier service.

7.16 The Customer is only liable for depreciation resulting from use beyond the use necessary to determine the nature, properties and functioning of the product.

7.17 Government Decree No. 45/2014 (II.26.) on the detailed rules of contracts between the Customer and the Service Provider is available here.

7.18 Directive 2011/83/EU of the European Parliament and of the Council is available here in English.

7.19 The Customer may also contact the Service Provider with any other complaints using the contact details provided in these GTC.

7.20 The right of withdrawal is only available to Buyers who are consumers within the meaning of the Civil Code.

7.21 The right of withdrawal shall not apply to a business, i.e. a person acting in the course of his profession, self-employed occupation or business activity.

7.22 Procedure for exercising the right of withdrawal:

7.22.1 If the Customer wishes to exercise the right of withdrawal, he/she must notify the Service Provider of his/her intention to withdraw by contacting the Service Provider.

7.22.2 The Customer shall exercise his right of withdrawal within the time limit if he sends his notice of withdrawal before the expiry of the 14th day after receipt of the product. In the case of written withdrawal, it is sufficient to send the withdrawal notice within 14 days. In the case of notification by post, the date of posting will be taken into account, in the case of notification by e-mail, the date of sending the e-mail.

7.22.3 In the event of withdrawal, the Customer must return the ordered product to the Service Provider's address without delay, but no later than 14 days from the date of notification of the withdrawal. The deadline is deemed to have been met if the goods are sent before the 14-day deadline has expired (i.e. they do not have to arrive within 14 days). The Customer shall bear the costs incurred in connection with the return of the goods due to the exercise of the right of withdrawal.

7.22.4 However, the Service Provider is not obliged to reimburse the Customer for any additional costs resulting from the choice of a mode of transport other than the cheapest usual mode of transport offered by the Service Provider. The Customer shall also exercise his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the goods.

7.22.5 In the case of the sale of several Products, if the delivery of each Product is made at a different time, the Customer may exercise the right of withdrawal within 14 days of the date of receipt of the last delivered Product or, in the case of a Product consisting of several lots or pieces, of the last lot or piece delivered.

8. Accessory Warranty

8.1 This section of the Consumer Information is a part of our GTC as follows. It is based on the authorization in Paragraph (3) of Section of Government Decree 45/2014 (February 26) applying Annex 3 to Government Decree 45/2014 (February 26).

When can you use your accessory warranty right?

You may enforce an accessory warranty claim against the Service Provider in the event of the Service Provider’s defective performance under the terms of the Civil Code.

What rights do you have under your accessory warranty claim?

You have the following accessory warranty claims options:

You may request repair or replacement unless fulfillment of the claim you have selected is impossible or would result in disproportionate additional costs for Service Provider to meet your other claim. If you did not or could not request a repair or replacement, you may request a pro-rata reduction of the service, or you may repair the defect at the Service Provider’s expense, or you may terminate the contract.

You may also revert to another accessory warranty right from the one you selected, but you shall bear the cost of the transition unless it was justified or the Service Provider made the change necessary.

What is the deadline for your accessory warranty claim?

You are required to notify the Service Provider of the defect immediately, but no later than two months after the discovery of the defect. However, please note that you will no longer be able to enforce your accessory warranty coverage beyond the two-year limitation period for this contract.

Against whom can you enforce your accessory warranty claim?

You may enforce your accessory warranty claim against the Service Provider.

What are the other conditions to enforce your accessory warranty claims?

Within six months of the date of delivery, besides communicating the defect there is no other condition for enforcing your accessory warranty if you can certify that the product or service was provided by Service Provider. However, after six months have passed from the date of performance, it is your responsibility to prove that the defect you discovered was present at the time of performance.

8.2 Due to the nature of the products sold by the Service Provider - live plants, products that maintain their quality for a short period of time - or the nature of the plants requiring daily professional care, the Customer may not claim any warranty of accessories against the Service Provider.

8.3 The Service Provider shall make every effort to deal with the Customer's legitimate complaint, which the Customer may report immediately after receipt of the parcel to the Service Provider at any of the contact details provided above.

9. Product warranty

9.1 The terms and conditions applicable to the Customer concerning the product warranty are communicated and made part of these GTCs in accordance with the model information contained in Annex 3 of Government Decree 45/2014 (26.II.) on the detailed rules of contracts between the Customer and the Service Provider, as referred to above, as follows:

When can you exercise your product warranty rights?

In the event of a defect in a movable item (product), you may, depending on your choice, file an accessory warranty claim or a product warranty claim.

What are your rights under your product warranty claim?

A product warranty claim only allows you to request the repair or replacement of the defective product.

When is a Product defective?

A product is defective if it does not meet the quality requirements applicable at the time of placing it on the market or if it does not have the characteristics given by the manufacturer.

What is the deadline for enforcing your product warranty claim?

You can claim your product warranty within two years of the product being marketed by the manufacturer. Upon expiry of that period, you shall lose this entitlement.

Against whom and under what other conditions can you claim your product warranty claim?

You can claim your product warranty only against the manufacturer or distributor of the movable item. You must prove the defect of the product if you claim a product warranty.

In what cases is the manufacturer (distributor) exempt from product warranty?

The manufacturer (distributor) shall only be exempt from product warranty if he can prove that:

– the product was not manufactured or placed on the market in the course of its business, or

– the defect was not recognized at the time of placing it on the market, or

– or the defect in the product results from the application of a legal or regulatory requirement.

The manufacturer (distributor) must justify one reason for exemption.

9.2 Please note that you cannot enforce an Accessory Warranty and Product Warranty Claim simultaneously for the same defect. However, if your Product Warranty Claim is effectively enforced, you may enforce your Accessory Warranty Claim against the replaced Product or part with the manufacturer.

9.3 Due to the nature of the products sold by the Service Provider - live plants, products that preserve their quality for a short period of time - or the nature of the plants requiring daily professional care, the Customer may not claim product warranty against the Service Provider.

9.4 The Service Provider shall make every effort to deal with the Customer's legitimate complaint, which the Customer may report immediately after receipt of the parcel to the Service Provider at any of the contact details provided above.

10. Miscellaneous provisions

10.1 The Service Provider may use an intermediary/partner to fulfil its obligations. The Service Provider shall be fully liable for any unlawful conduct of the intermediary/partner, as if the unlawful conduct had been committed by the Service Provider.

10.2 If any part of these General Terms and Conditions becomes invalid, illegal, or unenforceable, it will not affect the validity, legality, and enforceability of the remaining parts.

10.3 If the Service Provider does not exercise its right under the Regulations, the failure to exercise the right shall not be considered a waiver of the given right. Waiver of any right is only valid if expressly stated in writing. The fact that the Service Provider does not strictly adhere to any of the essential conditions or stipulations of the General Terms and Conditions does not mean that it waives its strict adherence to the given condition or stipulation at a later date.

10.4 The Service Provider and the Customer try to settle their disputes amicably.

10.5 The parties state that the Service Provider's webshop operates in Hungary and is also maintained here. As the site can also be visited from other countries, the Customer expressly acknowledges that the applicable law in relation to the Customer and the Service Provider is Hungarian law.

10.6 The Service Provider and the Customer agree to submit to the exclusive jurisdiction of the courts of the Budapest region for any disputes related to these GTC or the Products, as well as to the services and product(s) provided by the Service Provider, regardless of any conflict of laws.

10.7 The Service Provider does not apply different general access conditions for access to the products in the webshop for reasons related to the Customer’s citizenship, residence, or place of settlement. The Service Provider shall only sell the plants in the countries specified in point 1.

10.8 The Service Provider shall not apply different conditions to the payment transaction for the reasons related to the Customer's citizenship, residence or place of settlement, place of payment account, place of establishment of the payment service provider or place of issuance of the cash substitute payment methods within the Union.

10.9 The Service Provider shall comply with the measures against unjustified territorial content restrictions and other forms of discrimination based on the nationality, place of residence or place of establishment of the buyer within the internal market and with the provisions of Regulations (EC) No 2006/2004 and (EU) 2017/2394 and 2009/22. / EC REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL.

11. Complaints procedure (for consumer users)

11.1 The goal of the Service Provider’s store is to execute all orders of the right quality, with the complete satisfaction of the customer. If the Consumer still has a complaint regarding the contract or its performance, the Consumer may submit his/her complaint to the above telephone, e-mail address, or by Post.

11.2 The Service Provider will immediately investigate the verbal complaint and remedy it as necessary. If the Customer does not agree with the handling of the complaint, or it is not possible to investigate the complaint immediately, the Service Provider shall immediately take a report of the complaint and its position and provide a copy to the Customer.

11.3 The Service Provider must respond in writing within 30 days. It shall state the reasons for rejecting the complaint. The Service Provider shall keep the record of the complaint and a copy of the response for three years and present it to the supervising authorities upon request.

11.4 Please be informed that if your complaint is rejected, you may initiate an official or conciliation procedure with your complaint, as follows:

The Consumer may submit a complaint to the Consumer Protection Authority:

The Government Office acts as the general consumer protection authority pursuant to Article 45/A (1) - (3) of the Consumer Protection Act and Government Decree 387/2016 (XII. 2.) on the designation of the consumer protection authority:

In the event of a complaint, the Consumer has the possibility to turn to a Conciliation Board, the contact details of which can be found here:

Baranya County Conciliation Board

Address: 7625 Pécs, Majorossy Imre u. 36.

Phone number: (72) 507-154; (20) 283-3422

Website: www.baranyabekeltetes.hu

E-mail address: info@baranyabekeltetes.hu; kerelem@baranyabekeltetes.hu

Bács-Kiskun County Conciliation Board

Address: 6000 Kecskemét, Árpád krt. 4.

Mailing address: 6001 Kecskemét Pf. 228.

Phone number: (76) 501-525; (76) 501-532; (70) 702-8403

Website: www.bacsbekeltetes.hu

E-mail address: bekeltetes@bacsbekeltetes.hu

Békés County Conciliation Board

Address: 5600 Békéscsaba, Penza ltp. 5.

Phone number: (66) 324-976

Website: www.bmkik.hu

E-mail address: bekeltetes@bmkik.hu

Borsod-Abaúj-Zemplén County Conciliation Board

Address: 3525 Miskolc, Szentpáli u. 1.

Phone number: (46) 501-091 (new case); 501-871 (ongoing cases)

Website: www.bekeltetes.borsodmegye.hu

E-mail address: bekeltetes@bokik.hu

Budapesti County Conciliation Board

Address: 1016 Budapest, Krisztina krt. 99.

Phone number: (1) 488-2131

Website: bekeltet.bkik.hu

E-mail address: bekelteto.testulet@bkik.hu

Csongrád-Csanád County Conciliation Board

Address: 6721 Szeged, Párizsi krt. 8-12.

Phone number: (62) 554-250/118

Website: www.bekeltetes-csongrad.hu

E-mail address: bekelteto.testulet@csmkik.hu

Fejér Megyei Békéltető Testület

Address: 8000 Székesfehérvár, Hosszúséta tér 4-6.

Phone number: (22) 510-310

Website: www.bekeltetesfejer.hu

E-mail address: bekeltetes@fmkik.hu; fmkik@fmkik.hu

Győr-Moson-Sopron County Conciliation Board

Address: 9021 Győr, Szent István út 10/a.

Phone number: (96) 520-217

Website: gymsmkik.hu/bekelteto

E-mail address: bekeltetotestulet@gymskik.hu

Hajdú-Bihar County Conciliation Board

Address: 4025 Debrecen, Petőfi tér 10.

Place of administration: 4025 Debrecen Vörösmarty u. 13-15.

Phone number: (52) 500-710; (52) 500-745

Website: www.hbmbekeltetes.hu

E-mail address: bekelteto@hbkik.hu

Heves County Conciliation Board

Mailing address: 3300 Eger, Pf. 440.

Place of administration: 3300 Eger, Hadnagy u. 6. földszint

Phone number: (36) 416-660/105

Website: www.hkik.hu/hu/content/bekelteto-testulet

E-mail address: bekeltetes@hkik.hu

Jász-Nagykun-Szolnok County Conciliation Board

Address: 5000 Szolnok, Verseghy park 8. III.

Phone number: (20) 373-2570

Website: www.iparkamaraszolnok.hu/ugyintezes/bekelteto-testulet

E-mail address: bekeltetotestulet@iparkamaraszolnok.hu

Komárom-Esztergom County Conciliation Board

Address: 2800 Tatabánya, Fő tér 36.

Phone number: (34) 513-010

Website: www.kemkik.hu/hu/bekeltet-otilde-testulet

E-mail address: bekeltetes@kemkik.hu

Nógrád County Conciliation Board

Address: 3100 Salgótarján, Alkotmány u. 9/a

Phone number: (32) 520-860

Website: www.nkik.hu

E-mail address: nkik@nkik.hu

Pest County Conciliation Board

Address: 1119 Budapest, Etele út 59-61. II. emelet 240.

Mailing address: 1364 Budapest, Pf.: 81

Phone number: (1)-269-0703

Website: www.pestmegyeibekelteto.hu; www.panaszrendezes.hu

E-mail address: pmbekelteto@pmkik.hu

Somogy County Conciliation Board

Address: 7400 Kaposvár, Anna utca 6.

Phone number: (82) 501-000

Website: www.skik.hu/bekelteto-testulet-159

E-mail address: skik@skik.hu

Szabolcs-Szatmár-Bereg County Conciliation Board

Address: 4400 Nyíregyháza, Széchenyi u. 2.

Phone number: (42) 420-180

Website: www.bekeltetes-szabolcs.hu

E-mail address: bekelteto@szabkam.hu

Tolna County Conciliation Board

Address: 7100 Szekszárd, Arany J. u. 23-25.

Phone number: (74) 411-661; (30) 664-2130

Website: www.tmkik.hu/hu/bekelteto-testulet_2

E-mail address: bekeltett@tmkik.hu; kamara@tmkik.hu

Vas County Conciliation Board

Place of administration: 9700 Szombathely, Rákóczi Ferenc u. 23.

Phone number: (94) 312-356; (94) 506-645; (30) 956-6708

Website: www.vasibekelteto.hu

E-mail address: pergel.bea@vmkik.hu

Veszprém County Conciliation Board

Address: 8200 Veszprém, Radnóti tér 1.

Phone number: (88) 814-121; (88) 814-111

Website: www.bekeltetesveszprem.hu

E-mail address: info@bekeltetesveszprem.hu

Zala County Conciliation Board

Address: 8900 Zalaegerszeg, Petőfi utca 24.

Phone number: (92) 550-513

Website: www.bekelteteszala.hu

E-mail address: zmbekelteto@zmkik.hu

11.5 The Conciliation Board is responsible for resolving consumer disputes out of court. The task of the conciliation Board is to try to reach an agreement between the parties in order to settle the consumer dispute, failing of which it will decide on the matter in order to ensure simple, fast, efficient and cost-effective enforcement of consumer rights. At the request of the Consumer or the Service Provider, the conciliation board shall advise on the rights and obligations of the Consumer.

11.6 In the case of cross-border consumer disputes relating to online sales or service contracts, the competent conciliation body is the chamber of conciliation appointed by decree of the Minister responsible for consumer protection.

11.7 In the event of a consumer complaint, he or she can use the EU online dispute resolution platform. Using the platform requires a simple registration in the European Commission's system by clicking, here. After that, the Consumer can submit his or her complaint after logging in via the online website at: http://ec.europa.eu/odr

11.8 The Service Provider is obliged to cooperate in the conciliation board procedures. In this context, it must send its reply to the conciliation body and ensure the participation of the person authorized to reach an agreement at the hearing. If the registered office or premises of the company are not registered in the county of the chamber operating the territorially competent conciliation board, the obligation of the company to cooperate includes offering the possibility of concluding a written agreement according to the needs of the Consumer.

11.9 If the Consumer does not turn to a conciliation board or the procedure is unsuccessful, the Consumer has the opportunity to go to court to settle the dispute. The lawsuit must be brought by means of an application containing the following information:

• the court seised;
• the names, place of living and legal status of the parties and of the representatives of the parties;
• the rights to be enforced, by presenting the facts and evidence on which it is based;
• the data from which the jurisdiction of the court can be determined;
• a request for a court decision.

The lawsuit must be accompanied with the document or a copy thereof, the content of which is relied on as evidence.

12. Trademarks and copyright

12.1 The www.bougainvilleawebshop.com/en as a website is a copyrighted work, it is prohibited to download (reproduce), re-transmit to the public, otherwise use, electronically store, process and sell the content of www.bougainvilleawebshop.com/en or any part thereof without the written consent of the Service Provider. The Customer may, however, download the GTC and the Privacy Policy and store them in any form without any conditions or restrictions.

12.2 Even if holding a written consent from the copyright holder, any material may be taken over from the www.bougainvilleawebshop.com/en website and its database only with reference to the website.

12.3 The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names formed and the Internet advertising surfaces.

12.4 It is forbidden to adapt or decipher the content or parts of the www.bougainvilleawebshop.com/en website; unfair use of user IDs and passwords; use any application that can modify or index www.bougainvilleawebshop.com/en or any part if it.

12.5 The name www.bougainvilleawebshop.com/en enjoys copyright protection, its use, except for the reference, is possible only with the written consent of the Service Provider.

12.6 The Customer acknowledges that in case of use without a license, the Service Provider is entitled to a penalty fee. The amount of the penalty fee is 50 000HUF gross per image and 25 000HUF gross per word. The Customer acknowledges that this penalty clause is not excessive and browses the site aware of this. In the event of a copyright infringement, the Service Provider uses a notarized fact certificate, the fee of which is also passed on to the infringing user.

13. Data Protection

13.1 The privacy policy of the website is available here.

2022. február 27.

Modified: 2025. január 3.

14. Applicable laws

• the act of Civil law year 2013 law number V. („Ptk.”);
• Act CLV of 1997 on Consumer Protection;
• the law about the electronic customer services and electronic trade 2001. year CVIII. law („Ekertv.”);
• the law about the warranty of different products 151/2003. (IX. 22.) Gov. Act.;
• the law about the contractual relation between the customer and the provider 45/2014 (II. 26.) Gov. Act.;
• the law about the trade acts and contracts between the customer and the provider 19/2014 (IV. 29.) NGM Act.;
• Act LXXVI of 1999 on Copyright;
• Act XI of 1997 on the protection of trademarks and geographical indications;
• Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information;
• Regulation (EU) No 2018/302 of the European Parliament and of the Council on tackling unjustified territorial content restrictions and other forms of discrimination based on the nationality, residence or domicile of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
• Regulation 2016/679 of the European Parliament and of the Council 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/EC (General Data Protection Regulation)