Terms and Conditions

https://laflorart.hu/aszf Effective Date: May 13, 2024

Please read this document carefully before finalizing your order, as by finalizing your order you accept the content of these Terms and Conditions!

Web service provider:
Name: Rackhost Zrt.
Adress: 6722 Szeged, Tisza Lajos körút 41.
Contact: info@rackhost.hu

2. Basic Provisions:
2.1. Reference to legislation
2.2. Modifiability of the regulations

2.3. The Service Provider reserves all rights regarding the website, any part of it, and the content appearing on it, as well as the distribution of the website. It is prohibited to download, electronically store, process, or sell any unique content from the website or any part of it without the written consent of the Service Provider.

2.4. Scope and acceptance of Terms and Conditions: The content of the contract between us is determined by these General Terms and Conditions (hereinafter: T&C), in addition to the relevant binding legal regulations. Accordingly, these T&C contain the rights and obligations that apply to you and us, the conditions for the conclusion of the contract, the deadlines for performance, the delivery and payment conditions, the liability rules, and the conditions for exercising the right of withdrawal.

Any technical information necessary for the use of the Website not contained in these T&C is provided by other information available on the Website.
You are required to familiarize yourself with the provisions of these T&C before finalizing your order. By purchasing through our webshop, you accept the provisions of these T&C, and the T&C fully form part of the contract concluded between you and the Service Provider.

3. Range of Products and Services Available for Purchase:
We provide information about the essential characteristics of the purchasable products in the descriptions of each product on the website.

3.1. Correction of data entry errors – responsibility for the accuracy of the provided data
During the ordering process, you have the continuous opportunity to modify the data you have entered before finalizing your order (by clicking the back button in the browser, the previous page opens, so the entered data can be corrected even if you have already moved to the next page). We draw your attention to the fact that it is your responsibility to ensure that the data you provide is entered accurately, as the product will be invoiced and delivered based on the data you provide. By placing your order, you acknowledge that the Service Provider is entitled to pass on to you any damages and costs resulting from your incorrect data entry or inaccurately provided data. The Service Provider excludes its liability for performance based on inaccurate data entry. We draw your attention to the fact that an incorrectly provided email address or a full mailbox may result in the failure to deliver the confirmation and may prevent the conclusion of the contract.

3.2. Procedure in case of incorrect price
The following are considered obviously incorrectly listed prices:

A price reduced by a discount but incorrectly displaying the discount (e.g.: a product priced at 1000 Ft offered for 100 Ft while displaying a 50% discount). In case of an incorrect price display, the Service Provider offers the possibility to purchase the product at its real price, with which information the Customer can decide whether to order the product at its real price or cancel the order without any adverse legal consequences.

Price of 0 Ft,

4. Registration/Purchase
4.1. Registration
If you wish to make a purchase, you must provide the necessary data for the purchase during your first purchase, including your name, billing and shipping information, email address, and phone number. Registration is not required for purchasing, but you can create a user account before, during, or after a purchase. Before finalizing the registration, it is necessary to accept the registration conditions. The system confirms the registration by email and simultaneously sends a system-generated password, which can be changed via the link sent for password change. The buyer is obliged to handle their provided password confidentially. If, after correctly entering the buyer’s unique identifier and password during identification, the buyer’s data comes into the possession of an unauthorized third party, the Data Controller does not accept responsibility for any resulting damages or disadvantages. By providing their email address, users consent to the operator/service provider sending them technical messages. The operator will delete registered data from the system upon request. For security reasons, the deletion request will only be valid if the user confirms the deletion request by email, thus preventing someone from deliberately or mistakenly deleting someone else from the registration database. Registration is identified by the email address, so an email address can only be registered once. Registration does not involve any obligations.

4.2. Purchase
You can select the desired product family by clicking on the product categories on the website, and within these, the individual products. By clicking on individual products, you will find the product’s photo, article number, description, and price. In case of purchase, you must pay the price shown on the website. Products are marked with illustrated photographs. Accessories and decorative elements visible in the photographs are not part of the product unless specifically highlighted in the product description.
We draw your attention to the fact that we do not accept responsibility for any typographical errors or incorrect data!

5. The Ordering Process
After selecting a Product, you can place any number of products in the cart by clicking the “Add to Cart” button without creating any purchase or payment obligation, as placing items in the cart does not constitute an offer. You can place products in the Cart without logging in, but before ordering, you must log in to the system if you wish to place an order through your own created account. You can only do this if you register. If you are a registered customer but have forgotten your password, use the password change option in your account or the forgotten password option under login. You can log in using the Login menu item. Enter your registered email address and password here, then press the login button. If the login is successful, your account with all the necessary information and the logout button will appear in this window, which you can use to leave the store. When using the website, you can check the contents of the cart at any time by clicking on the cart icon at the top of the website. Here you have the option to remove selected products from the cart or change the quantity of the product. The system automatically updates the contents of the cart, displaying information corresponding to the data you have changed, including the price of the products placed in the cart. If you do not wish to select and place additional products in the cart, you can continue shopping by pressing the “Checkout” or “Cart” button. After pressing the “Checkout” button, the contents of the cart appear, as well as the total purchase price you must pay for the products you have selected. After this, it is necessary to fill in the user data (Name, Address, delivery method, payment method, contact details). If you have properly filled in the above data, you can place your order for the desired products by clicking on the “Order” button. If you have selected online payment, you will be redirected to the service provider’s page, where you can make the necessary payment. In case of transfer payment, our system will send you the necessary data for the transfer via email. In case of cash on delivery payment, the system simply displays the order summary and the successful order message to you.

5.1. Finalizing the order (offer):
If you have verified that the contents of the cart correspond to the products you wish to order, and your data is correctly listed, you can close your order by clicking the “Order” button. The information published on the website does not constitute an offer from the Service Provider to conclude a contract. For orders covered by these T&C, you are considered the offeror.
By pressing the “Order” button, you expressly acknowledge that your offer must be considered made, and your declaration – in case of confirmation by the Service Provider according to these T&C – entails a payment obligation. Your offer binds you for a period of 48 hours. If the Service Provider does not confirm your offer within 48 hours according to these general terms and conditions, you are released from your offer binding.

5.2. Processing of orders, conclusion of the contract
You have the opportunity to place an order at any time. The Service Provider will confirm your offer via email no later than the working day following the submission of your offer. The contract is concluded when the confirmation email sent by the Service Provider becomes accessible in your email system.

5.3. Usage of coupons and discounts
You have the opportunity to redeem any given discount if you are entitled to it and have a valid coupon code or points. Coupons and additional discounts cannot be combined with each other and cannot be redeemed for products on sale. If you have redeemed a coupon or accumulated points, no additional discount can be given for that order.

6. Method of Payment for the Ordered Product and Delivery Fee

6.1. Method of payment for the ordered product
Payment by bank transfer in advance: if we have already confirmed your order, you will find our bank account number and the order number in the confirmation email, which should be referenced in the notes/message section of the transfer. We will only ship the product via courier service after the transferred amount has been credited to our bank account (you can find our bank account number among the operator’s data). Payment in person: In this case, you pay the purchase price of the product in HUF at the operator’s headquarters/site, either in cash or by bank card. Payment by bank card is possible for owners of the following valid and effective bank cards: list of acceptable cards Payment by cash on delivery: The product is delivered by the xy courier service we have commissioned to the address you provided, where the invoice price of the product or products must be paid to the courier in cash. In the case of a cash on delivery order, the cash on delivery fee is added to the shipping cost. In case of cash on delivery payment, the ordered product must be paid in cash to the delivery person upon receipt of the package. The final amount to be paid includes all costs based on the order summary and confirmation letter. The invoice and warranty card are included in the package. Please examine the package in front of the delivery person upon delivery, and in case of damage or deficiency in the products, request a record to be made and do not accept the package. We are unable to accept subsequent complaints without a record.

6.2. Delivery methods and pricing
List and description of delivery methods (e.g., personal pickup, package point, courier service, etc.)

Home delivery is only possible within Budapest, fee: 4500 Ft.
Delivery time: For products in stock, 2-5 working days from the confirmation of the order.

7. Right of Withdrawal
CONSUMER INFORMATION BASED ON GOVERNMENT DECREE 45/2014. (II. 26.)

7.1. Information on the right of withdrawal available to the consumer buyer
According to the Civil Code 8:1. § 1. paragraph 3. point, only a natural person acting outside his profession, independent occupation, or business activity qualifies as a consumer, so legal entities cannot exercise the right of withdrawal without justification!
According to Government Decree 45/2014. (II. 26.) 20. §, the consumer is entitled to the right of withdrawal without justification. The consumer can exercise the right of withdrawal
a) in case of a contract for the sale of a product
b) the product,
c) in case of the sale of multiple products, if the service of individual products takes place at different times, from the day of receipt of the last product by the consumer or a third party other than the carrier designated by the consumer, within a period which is 14 days. The provisions of this section do not affect the consumer’s right to exercise the right of withdrawal specified in this section also during the period between the day of conclusion of the contract and the day of receipt of the product.
If the consumer has made an offer to conclude the contract, the consumer has the right to withdraw the offer before the conclusion of the contract, which terminates the offer binding that extends to the conclusion of the contract.

7.2. Declaration of withdrawal, exercise of the right of withdrawal or termination available to the consumer
The consumer may exercise the right provided in Government Decree 45/2014. (II. 26.) 20. § through an explicit declaration to this effect, or by using the sample declaration form that can also be downloaded from the website.

7.3. Validity of the consumer’s withdrawal declaration
The right of withdrawal shall be deemed to have been exercised within the time limit if the consumer sends his declaration within the time limit. The time limit is 14 days.
The consumer bears the burden of proving that he has exercised the right of withdrawal in accordance with this provision.
The Service Provider is obliged to immediately confirm the consumer’s withdrawal declaration electronically upon receipt, if it also provides the consumer with the opportunity to exercise the right of withdrawal on its website.

7.4. Detailed rules of the right of withdrawal – Service Provider’s refund cost and method, additional costs, right of retention, costs related to return, consumer responsibility for depreciation

7.5. The right of withdrawal cannot be exercised in the following cases
The Service Provider expressly draws your attention to the fact that you cannot exercise your right of withdrawal in the cases specified in Government Decree 45/2014 (II.26.) 29. §. (1):
a) in the case of a contract for the provision of a service, after the complete performance of the service, if the business has begun performance with the consumer’s express, prior consent, and the consumer has acknowledged that he will lose his right of termination after the complete performance of the service;
b) in respect of a product or service whose price or fee depends on fluctuations in the financial market that cannot be influenced by the business and may also occur during the period specified for exercising the right of withdrawal;
c) in the case of a non-prefabricated product that was produced based on the consumer’s instructions or at his explicit request, or a product that was clearly customized for the consumer;
d) in respect of perishable products or products that retain their quality for a short time;
e) in the case of a sealed package product that cannot be returned after opening after delivery for reasons of health protection or hygiene;
f) in respect of a product which, by its nature, becomes inseparably mixed with another product after delivery;
g) in respect of alcoholic beverages, the actual value of which depends on market fluctuations in a way that cannot be influenced by the business, and the price of which was agreed upon by the parties at the time of concluding the sales contract, but delivery takes place only after the thirtieth day following the conclusion;
h) in the case of a business contract where the business visits the consumer at the consumer’s express request for the purpose of carrying out urgent repair or maintenance work;
i) regarding the sale of a sealed package of sound or image recording, as well as a copy of computer software, if the consumer has opened the package after delivery;
j) in respect of newspapers, journals, and periodicals, with the exception of subscription contracts;
k) in the case of contracts concluded at public auctions;
l) in the case of a contract for the provision of accommodation, transport, car rental, catering, or services related to leisure activities, with the exception of residential services, if a specific performance date or deadline has been stipulated in the contract;
m) in respect of digital data content not provided on a physical data carrier, if the business has begun performance with the consumer’s express, prior consent, and the consumer has simultaneously declared acknowledgment that he loses his right of withdrawal after the start of performance.

8. Warranty, Guarantee, Product Warranty

8.1. In what cases can the User exercise his product warranty rights?
In case of defective performance by the Service Provider, the User may assert a product warranty claim against the Service Provider according to the rules of the Civil Code.

8.2. What rights is the User entitled to based on his product warranty claim?
The User may – according to his choice – exercise the following product warranty claims: he may request repair or replacement, except if the fulfillment of the claim chosen by the User is impossible or would involve disproportionate additional costs for the business compared to the fulfillment of another claim. If he did not or could not request repair or replacement, he may demand a proportionate reduction of the consideration, or the User may repair the defect himself or have it repaired by someone else at the expense of the business, or – as a last resort – he may also withdraw from the contract. He may also switch from one chosen product warranty right to another, but the cost of the switch shall be borne by the User, unless it was justified or the business gave cause for it.

8.3. Within what time limit can the User exercise his product warranty claim?
The User (if qualified as a consumer) is obliged to communicate the defect immediately after its discovery, but no later than two months after the discovery of the defect. However, we draw your attention to the fact that beyond the two-year (in case of a business, 1-year) limitation period from the performance of the contract, you can no longer enforce your product warranty rights.

8.4. Against whom can he enforce his product warranty claim?
The User can enforce his product warranty claim against the Service Provider.

8.5. What other conditions are there for the enforcement of his product warranty rights (if the User qualifies as a consumer)?
Within six months from the performance, there is no other condition for the enforcement of your product warranty claim beyond communicating the defect, if the User proves that the product or service was provided by the webshop operating business. However, after six months from the performance, the User is obliged to prove that the defect recognized by the User already existed at the time of performance.

Product Warranty

8.6. In what cases can the User exercise his product warranty right?
In case of a defect in a movable thing (product), the User may – at his choice – enforce a product warranty or product warranty claim.

8.7. What rights is the User entitled to based on his product warranty claim?
As a product warranty claim, the User may only request the repair or replacement of the defective product.

8.8. In what cases is the product considered defective?
The product is defective if it does not meet the quality requirements in force at the time of placing it on the market, or if it does not have the properties described by the manufacturer.

8.9. Within what time limit can the User exercise his product warranty claim?
The User may exercise his product warranty claim within two years (in case of a business, 1 year) from the placing of the product on the market by the manufacturer. He loses this right after the expiry of this time limit.

8.10. Against whom and with what other condition can he enforce his product warranty claim?
A product warranty claim can only be enforced against the manufacturer or distributor of the movable thing. The User must prove the defect of the product in case of enforcing a product warranty claim.

8.11. In what cases is the manufacturer (distributor) exempt from his product warranty obligation?
The manufacturer (distributor) is only exempt from his product warranty obligation if he can prove that:

• he did not manufacture or place the product on the market in the course of his business activity, or
• the defect was not recognizable according to the state of science and technology at the time of placing the product on the market, or
• the defect of the product results from the application of a law or a mandatory official regulation. It is sufficient for the manufacturer (distributor) to prove one reason for exemption. I draw your attention to the fact that you cannot enforce a product warranty and a product warranty claim simultaneously, in parallel, for the same defect. However, in case of successful enforcement of your product warranty claim, you can enforce your product warranty claim against the manufacturer for the replaced product or the repaired part.

Description of warranty rules. In what cases can warranty be used, deadlines, replacement claim, Service Provider’s exemption from the warranty obligation

9. Miscellaneous Provisions
In matters not regulated in these general terms and conditions, the provisions of the Civil Code (Act V of 2013), in the case of consumer contracts, the provisions of Government Decree 45/2014 on contracts concluded between absent parties shall apply.

9.1. The Consumer is entitled to enforce claims arising from the legal dispute before a court within the framework of civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

10. Complaint Handling Procedure (for users qualifying as consumers)

10.1. You are entitled to turn to the Conciliation Body competent according to your place of residence/stay, if we reject your Consumer complaint. The condition for initiating the procedure is that the Consumer directly attempts to settle the disputed matter with the Seller. The Seller is subject to a cooperation obligation in the Conciliation Body procedure. Based on this, the Seller is obliged to send a response to the request of the Conciliation Body, as well as to appear at the hearing before the Conciliation Body and to ensure the participation of a person authorized to create an agreement. If the Seller’s headquarters/site is located outside the county of the territorially competent Conciliation Body, the Seller’s cooperation obligation extends to offering the possibility of a proper written agreement for the consumer claim. If the Seller does not fulfill this cooperation obligation, the case falls within the competence of the Consumer Protection Authority, which has a mandatory fine in force when companies commit unlawful behavior, from which it cannot be exempted. The Consumer may request the initiation of the Conciliation Body procedure. The request must be submitted in writing (by letter, fax, telegram, or on the Conciliation Body’s website, in electronic form) to the chairman of the Conciliation Body. The request must contain:

• The Consumer’s name, place of residence/stay, contact details
• The name, headquarters/site of the company affected by the consumer legal dispute
• The Consumer’s position and the related evidence, facts
• The Consumer’s declaration that he has attempted to settle the disputed matter directly with the concerned business
• The Consumer’s declaration that he has not initiated another Conciliation Body procedure in the matter, has not initiated a mediation procedure, has not submitted a statement of claim, has not submitted a request for the issuance of a payment order
• The motion for the decision of the Body
• The Consumer’s signature
• If the Consumer has requested the competence of a body other than the competent Conciliation Body, its designation It is necessary to attach to the request the document or its copy which content the Consumer refers to as evidence. If a representative acts in the complaint case, it is necessary to attach to the request the authorization issued by the Consumer. More information about the Conciliation Bodies: http://www.bekeltetes.hu Contact details of the territorially competent Conciliation Bodies:

[List of all Conciliation Bodies and their contact information for all counties in Hungary]

Online Dispute Resolution Platform: After consumer registration on the website created by the European Commission, by filling out the request available on the page, the Consumer can settle legal disputes related to online purchases without initiating court proceedings. This is also a way for Consumer rights enforcement without distance barriers. You can make a complaint about a product/service purchased online. You and the company you complained about have the opportunity to select together on this online dispute resolution platform which dispute resolution body to entrust with handling the complaint. The online dispute resolution platform is available at the following website: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

11. Copyrights
11.1. The content of this website qualifies as a copyrighted work within the meaning of the Act LXXVI of 1999 on Copyright, Section 1 (1), each part of it is under copyright protection. It is prohibited to use images, texts on our website without permission, as well as to use applications that modify or harm our website, according to Section 16 (1) of the same law. We draw your attention to the fact that materials, images, videos, texts can only be taken from our website or database with the written consent of the rights holder, with the indication of the source.

12. Data Protection
The website’s data protection policy is available at the following page: https://laflorart.hu/adatkezelesi-tajekoztato

13. Newsletter
By accepting the data processing conditions, you agree that the manager of the following website: www.laflorart.hu (La Flor Art Limited Partnership) may send newsletters to the provided email address.

Budapest, May 13, 2024.