The General Terms and Conditions (hereinafter referred to as the Terms and Conditions) contain the general contractual terms and conditions for the use of the web store operated by 3H Garden Kft. Headquarters: 3045, Bér, Kossuth út 17, Tax number: HU27506303, as a service provider (hereinafter referred to as the Service Provider). Please use our services only if you agree with all its points and consider them binding on you. This document will not be filed, it will only be concluded in electronic form (it is not considered a written contract), and it does not refer to a code of conduct.
The Seller reserves the right to unilaterally modify these General Terms and Conditions. Ordering after the amendment means acceptance of these GTC and all applicable amendments.
Service provider details:
Name of the service provider: 3H Garden Kft.
The registered office of the service provider is: 3045, Bér, Kossuth út 17.
Postal address of the service provider: 3045, Bér, Kossuth út 17.
Company registration number: 12 09 011723
Tax number: HU27506303
Name of registering authority (company court): Company Court of Balassagyarmati Tribunal
Telephone: +36305233045
Bank account number: 16200151-18568057
Data protection registration number:
License number:
Language of the contract: Hungarian
Hosting provider
Name: Elin.hu Kft.
Address: 9024 Győr, Déry T utca 11. 2nd floor. 4.
Phone: +36 70 297 4811
E-mail: info@elin.hu
Web: www.elin.hu
Tax number: 14315754-2-08
Company registration number: 08 09 016359
Basic provisions
Questions not regulated in these Terms and Conditions, as well as the interpretation of these Terms and Conditions, are governed by Hungarian law, in particular Act V of 2013 on the Civil Code (“Ptk”) and certain issues of electronic commercial services and services related to the information society CVIII of 2001 (Elker. tv.) Act and 45/2014 on the detailed rules of contracts between the consumer and the business. (II. 26.) to the relevant provisions of Government Decree. The mandatory provisions of the relevant legislation apply to the parties without special stipulations.
- CREATED BY THE AGREEMENT
These Terms and Conditions contain the contractual terms and conditions established between the Seller and the Customer. The document closely related to the contract is the warranty card for the Product and the invoice issued by the Seller.
1.1. By placing an order on [www.shop.the3hourgarden.com], the Buyer accepts the communication channel (telephone or e-mail) through which the Seller enables the ordering of the product.
1.2. After placing the Order, the notification received by the Buyer via telephone or e-mail is informative and does not constitute confirmation of the Order by the Seller.
1.3. The Seller reserves the right to confirm less than the quantity specified in the Order submitted by the Buyer. The Buyer is notified of this at the phone number and/or e-mail address provided in his user account. In such a case, the Seller will refund to the Customer the purchase price of products already paid by the Customer, but not confirmed by the Seller.
1.4. The Contract between the Seller and the Buyer is established when the Buyer receives a notification from the Seller about the finalization/confirmation of the Order by e-mail and/or SMS, which notification also includes the notification about the delivery of the Products ordered by the Customer to the courier service.
1.5 If the Buyer provides false information during the finalized order, the contract between the absent parties will not be concluded. Both the Operator and the Seller exclude all liability arising from such contracts.
- SPECIAL PROVISIONS FOR ONLINE SALES
2.1. Any User/Customer can access the website. The Operator reserves the right to restrict the right and access of the Customer/Buyer to place the Order and/or the choice and use of a payment method, if the activity of the Customer/Buyer on [www.shop.the3hourgarden.com] may endanger the uninterrupted functioning of the website. may cause damage to the Operator/Seller with its operation and/or activities.
2.2. The Customer can contact the Seller using the contact details indicated in the “Contact” menu item on the product page.
2.3. The price of the Products on the Website is in euro (EUR) and includes the VAT, it does not include the fee of any chosen payment method, which the customer pays in addition to the price of the Product when using the given service.
2.4. In accordance with the conditions prescribed by law, the price displayed on the website of electrical equipment and other legally defined products subject to an environmental product fee includes the Environmental Product Fee.
2.5. In the case of online payments (online bank card payment or bank transfer), the Seller is not responsible for any additional costs incurred by the Buyer that depend on the payment method chosen by the Buyer or the Buyer’s card-issuing bank (in particular, but not exclusively, foreign exchange rates, other costs). The Buyer is responsible for the consequences of choosing the selected payment method.
2.6. The information used to describe the Product on the Website (static / dynamic images / multimedia presentations, etc.) does not mean that the Seller is bound by the offer, they serve specifically for the purpose of presentation.
- ASSIGNMENT
The Seller may entrust a third party with the execution of the Services related to the execution of the Order (delivery, packaging, etc.) even without informing the Buyer to this effect. This is not subject to the Buyer’s consent. However, in these cases, the Seller is also responsible for fulfilling its obligations arising from the Contract with the Buyer.
- ORDER
4.1. After placing the selected products in the basket, you can freely change the contents of the basket. If you “click” to send your filled basket after the check, you order all the products in the basket and accept that ordering the product is an operation with a payment obligation.
4.2. The sent data of the given order can be changed in writing or by phone after it has been sent, but before delivery. You can of course change your data during a new order. The Seller permanently records the Buyer’s data, registration and order for one year from the date of delivery, but the contract cannot be considered written and is not filed.
4.3. The customer acknowledges that after placing the product(s) in the shopping cart, the product(s) can only be purchased if the Service Provider has enough of them in stock to fulfill the order.
4.4. By finalizing the order, the Buyer confirms that the data provided by him, necessary for the purchase, are real and can be used for the fulfillment of the order and the conclusion of the contract. With the finalization, the Buyer undertakes to settle the value of the order with the payment method indicated by him, otherwise the Seller may refuse to fulfill the order.
4.5. By finalizing the order, the Customer agrees that, if necessary, the Service Provider will contact him via any of the contact details provided (typically by email or phone).
4.6. The Service Provider may declare the Customer’s order null and void, with prior notification to the Customer, without one of the parties subsequently having any obligation towards the other party based on this, or without any party making a claim for compensation against the other party , in the following cases:
4.6.1. If the Customer has indicated an online payment method and the financial institution issuing the card does not authorize the transaction, or the Customer has indicated an online payment method and our online payment partner cannot validate the transaction.
4.6.2. The data provided by the Buyer do not reflect reality or are not complete or do not enable the fulfillment of the order
4.6.3. If the Customer does not pay the purchase price of the ordered product to the Service Provider within 5 days. In this case, the Service Provider is entitled to cancel the order.
4.6.4. The order is placed by an incapacitated person or a minor
4.7. 45/2014 on the detailed rules of contracts between the consumer and the business. (II. 26.) Based on the provisions of the Government Decree, the Buyer (if a Consumer) has the opportunity to withdraw from the contract. The Seller provides this opportunity to the Customers within 14 days of receiving the product. If the total amount of the order has been settled and the Buyer has indicated his intention to withdraw from the contract in time, the Seller undertakes to refund the purchase price of the product within a maximum of 14 days from the Buyer’s notification. The detailed terms of withdrawal are contained in the information published on the Website.
45/2014 on the detailed rules of contracts between the consumer and the company are an exception to the right to withdraw from the contract. (II. 26.) They are contained in § 29 of the Government Decree
Withdrawal
4.8. Procedure for exercising the right of withdrawal:
4.8.1 The consumer can exercise the right of withdrawal/termination by means of the sample statement or with a clear statement to that effect. If the Buyer wishes to use the right of withdrawal, he must send the statement containing his intention to withdraw to one of the following addresses, or he can withdraw from the purchase in person or verbally:
Hungary, 3045, Ber, Kossuth ut 17.
info@the3hourgarden.com
For this purpose, the Buyer can also use the cancellation declaration sample, when notifying by mail, the date of mailing, and when notifying by email or fax, the time of sending the email or fax is taken into account.
4.8.2 In case of cancellation, the Customer is obliged to return the ordered product to Hungary, 3045, Ber, Kossuth ut 17. without delay, but no later than within 14 days from the date of notification of cancellation. The deadline is considered met if you send the product before the 14-day deadline (so it does not have to arrive within 14 days). When buying and selling several products, if the individual products are delivered at different times, the customer can exercise the right of withdrawal within 14 days of receiving the last delivered product or product consisting of several items or pieces.
4.8.3. The Service Provider is not obliged to reimburse the Customer for the additional costs resulting from the choice of a delivery method other than the cheapest standard delivery method offered by the Service Provider.
4.8.4. The Seller has the right to withhold the repayment of the total amount paid by the Buyer until the product has been returned or the Buyer has not proven creditworthy that he has returned it.
4.8.5. During the refund, the Seller uses the same payment method as the original transaction, unless the Buyer expressly consents to the use of another payment method. Due to the application of the refund method, the Buyer will not be charged any additional costs.
4.8.6. The Buyer is responsible for depreciation resulting from use exceeding the use necessary to determine the nature, properties and operation of the product.
4.8.7. The Buyer may also exercise his right of withdrawal in the period between the conclusion of the contract and the day of receipt of the product. The Buyer bears the burden of proving that the right of withdrawal is granted under Art. 45/2014. (II. 26.) exercised as defined in § 20 of the Government Decree.
4.9. The Seller is not obliged to take back products that are tied to the person of the Buyer, or that were produced based on the Buyer’s specific instructions or at his express request,
4.10. The Seller is not obliged to take back products that the Buyer has installed, transformed, changed in any other way in nature or structure prior to the exercise of the right of withdrawal.
4.11. If the Seller is unable to deliver the Product ordered by the Buyer within 15 days, it shall inform the Buyer of this and refund the value of the order within 7 days. The parties can also agree on the rescheduling and/or modification of the fulfillment of the order.
- CONFIDENTIALITY
5.1. Any information provided by the Buyer to the Seller is treated confidentially by both the Seller and the Operator.
5.2. Upon entering into the Agreement, the Buyer undertakes not to make any public statements to third parties without the prior written consent of the Seller.
5.3. By publishing information and data on this website, the Buyer grants the Seller and the Operator unrestricted and irrevocable access to them, as well as the right to use, copy, modify and forward this information or data.
5.4. By creating a user account/placing an Order, the Customer is included in the Operator’s/Seller’s database, thus, in accordance with and within the framework of applicable laws, consents to being contacted by third parties, namely the Operator’s and/or Seller’s partners: marketing service, service providers offering other services, service, other companies with which the Operator/Seller can develop joint offer programs in relation to the Products.
- INVOICING – PAYMENT
6.1. You can buy all products on the [www.shop.the3hourgarden.com] website online. In the description of the product, the Seller also provides the parameters and price of the product. In all cases, the indicated prices include General Sales Tax (VAT). The charges for network access and other telecommunication services used for the purchase are borne by the Buyer.
6.2. If the Seller confirms the order, it is considered a fee request. The Buyer is entitled to pay the amount stated in the confirmation within 72 hours of the confirmation in accordance with the chosen payment method. If this is not done within 72 hours, the Seller is entitled to delete the order from his system. With reference to this, the Buyer cannot assert a claim for compensation against the Seller.
6.3. The goods, the price, the payment method and the payment deadline must be indicated in every Order. The Seller issues an invoice to the Buyer for the delivered Products. It is the Buyer’s duty to forward and check upon receipt all the information necessary for the issuance of the invoice in accordance with applicable laws.
6.4. For each fixed order, the purchase price of the Product to be purchased, the payment method, and the payment deadline are indicated. It is the Buyer’s responsibility to provide all relevant data for the invoice to be issued – in accordance with reality. If this is not done, the Seller cannot be obliged to issue a new invoice.
6.5. The Seller primarily sends the invoice for the sold Products belonging to the order to the Buyer electronically. The issued invoice is available in electronic form from the Buyer’s user account, and is also sent in the form of an electronic message (e-mail) to the e-mail address specified in the user account, and is also attached to the Product on paper.
6.6. In any case, the Buyer is obliged to keep the personal data provided in his user account – used for invoicing – up to date, in order to ensure that the invoice is correctly issued by the Seller and made available to the Buyer for each order. The Buyer is obliged to verify the correctness of the given data when placing every order.
6.7. If the invoicing-related information in the registered account – including the invoice(s) issued – is not available for more than forty-eight (48) hours, the Customer may inform the Operator’s customer service in writing.
6.8 On the website, it is possible to pay by advance transfer, cash on delivery, and by card via the Barion system. In the case of cash on delivery, the total purchase price, including shipping costs, must be paid to the Buyer in cash or by credit card to the delivery person upon receipt of the shipment.
Online bank card payments are made through Barion’s system. The bank card data will not reach the merchant. Barion Payment Zrt., which provides the service, is an institution under the supervision of the Magyar Nemzeti Bank.
Accepted card types: Visa, MasterCard, Visa Electron*, Maestro*.
“Online bank card payments are made through Barion’s system. The bank card data will not reach the merchant. Barion Payment Zrt., which provides the service, is an institution under the supervision of the Magyar Nemzeti Bank, license number: H-EN-I-1064/2013.”
* In the case of these cards, the issuing bank determines the internet use of the card. If the issuing bank has authorized it, then the system can accept it.
- DELIVERY TERMS
7.1. The Seller typically delivers the products within 1-5 working days, the Buyer can request information on the exact delivery time by calling +36 (30) 5233045.
7.2. The seller undertakes door-to-door delivery only. The Buyer must take care of bringing the products into the apartment or property
7.3. When receiving the product, the Buyer is obliged to check the integrity of the packaging and the goods. If the product arrives to the Customer damaged, its acceptance must be suspended and the product must be sent back with the carrier. By signing the delivery note, the Buyer certifies the integrity of the product to the Seller and the courier service. If the Buyer receives the Product and does not indicate that the Product is damaged upon receipt, the Seller shall not be held liable for damage resulting from the delivery.
7.4. If the damage to the shipment cannot be recognized immediately upon delivery, the damage must be reported to the Seller within the 24-hour statute of limitations from delivery. After that, the Seller assumes no responsibility for damage resulting from the delivery.
7.5. The cost of delivery is indicated on the data sheet of each product, in the case of multiple orders, these amounts do not add up, but the total amount of the order must be taken into account.
7.6. In the case of certain purchases (orders) from the site, in accordance with current Hungarian legislation, the National Tax and Customs Administration may request an EKAER (Electronic Road Goods Traffic Control System) number from the customer. Obtaining the EKAER number is the duty and responsibility of the Buyer (as Recipient). It follows from all of this that the Buyer is responsible for the consequences resulting from the violation of this obligation and for any costs incurred by the Seller.
- WARRANTY
8.1 Accessories warranty:
8.1.1. In the event of defective performance by the Seller, the Buyer may assert a warranty claim for accessories in accordance with the rules of the Civil Code.
8.1.2. The Buyer is obliged to notify the defect immediately after its discovery, but no later than within two months from the discovery of the defect.
8.1.3. In the case of a consumer contract, the Buyer may enforce his warranty claims within 2 years from the date of receipt, for product defects that already existed at the time of delivery of the product. Beyond the two-year statute of limitations, the customer cannot enforce the accessory warranty.
8.1.4. The Buyer may request a repair or replacement in the case of asserting the accessory warranty right, unless it is impossible to fulfill the request he chooses or the Seller would incur disproportionate additional costs compared to the fulfillment of another request.
8.1.5. If the Buyer did not, or could not, request the repair or replacement, he may request a proportionate delivery of the compensation or repair the defect at the Seller’s expense, or have it repaired by someone else or, as a last resort, withdraw from the contract.
8.1.6. The Buyer may transfer from his chosen accessory warranty right to another, but in this case he is obliged to bear the cost of the transfer, unless it was justified or the Seller gave a reason for it.
8.1.7. Within six months from the date of delivery, there is no other condition for validating the accessory warranty claim, apart from the notification of the defect, if the Buyer proves that he purchased the product from the Seller. After the expiration of six months from the date of performance, the Customer must prove that the defect recognized by him was already present at the time of performance.
8.2. Product warranty:
8.2.1. The product can be considered 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. The Customer may assert his product warranty claim within two years from the date of the product’s release by the manufacturer. After this deadline, the Customer loses this right.
8.2.2. The Buyer may exercise his product warranty claim only against the manufacturer of the movable object or the Seller. The Buyer must prove the defect of the product in the event of a product warranty claim. The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:
– the product was not manufactured or marketed as part of its business activities,
– according to the state of science and technology, the defect was not recognizable at the time of placing it on the market or
– the defect of the product results from the application of legislation or mandatory official regulations.
8.2.3. Due to the same defect, the Buyer cannot assert a claim for accessory warranty and product warranty at the same time, in parallel with each other.
8.3. Warranty:
8.3.1. In the event of faulty performance, the Seller shall comply with Art. 151/2003. (IX. 22.) On the basis of the government decree, the consumer durables listed in the annex to the decree (for products with a value of over EUR 25) undertake the mandatory 1-year warranty.
8.3.2. The Seller is exempted from warranty obligations only if he proves that the cause of the defect arose after performance. Due to the same defect, a claim for accessory warranty and warranty, or a claim for product warranty and warranty cannot be asserted at the same time, in parallel with each other.
8.3.3. If the warranty request is valid, the Buyer can request the replacement or repair of the product. If the Seller is unable to replace the product – due to lack of stock or other reasons – the Buyer may request repair or a price reduction, or a refund of the purchase price in the event that it is not possible to replace the Product, repair it, or reduce the price.
8.3.4. If, due to a malfunction of the product, the Buyer asserts his replacement request within three working days from the delivery of the product, the Seller is obliged to replace the product, provided that the malfunction prevents the intended use.
8.3.5. Please send an email to info@the3hourgarden.com or the phone number [+36305233045] to report a warranty or guarantee related to the purchased products.
8.4. Other conditions:
8.4.1. The decorations in the photos shown in the store are not the subject of the contract, only the product indicated in the name and description.
Online dispute resolution platform
The European Commission has created a website where consumers can register, so they have the opportunity to settle their legal disputes related to online purchases by filling out an application, avoiding court proceedings. In this way, consumers can assert their rights without, for example, distance preventing them from doing so.
If you want to make a complaint about a product or service you bought online and you don’t necessarily want to go to court, you can use the online dispute resolution tool.
On the portal, you and the merchant against whom you have filed a complaint can jointly select the dispute resolution body you want to entrust with handling the complaint.
The online dispute resolution platform is available here:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
- TRANSFER OF OWNERSHIP OF PRODUCTS
9.1. Ownership of the Products is transferred to the Buyer upon delivery, at the place specified in the order, if the Buyer has paid the purchase price of the Product. (The following can serve as proof of this: delivery report – signing the receipt of the delivery document issued by express mail).
- LIABILITY
10.1. The Seller shall not be liable for any damages that the Buyer or any third party may suffer as a result of the Seller fulfilling any of its obligations under the Order and shall not be liable for any damages arising from the use of the Products after they have been delivered to the Buyer.
10.2. The seller cannot be held responsible for the loss of the Products during transport, any problems arising from the transport are the responsibility of the courier service/express post.
- INTERPRETATION PROVISIONS
Seller: 3H Garden Kft. seat: Hungary, 3045, Ber, Kossuth ut 17., company registration number: 12 09 011723Cg., tax number: 27506303212
Operator: the operator of the website www.shop.the3hourgarden.com is 3H Garden Kft.
11.1. Customer/User: natural person or legal entity who, by using the site, gains access to the site and its content on any electronic communication device (desktop computer, notebook, telephone, tablet, smartphone, etc.); who registers on the Website and thereby creates a user account (hereinafter: user account) or who places an order on the Website and consequently creates a user account.
11.2. Customer: the Customer who placed an order on www.shop.the3hourgarden.com
11.3. User account: the Customer can create a user account by registering on www.shop.the3hourgarden.com For registration, it is necessary to enter a real e-mail address belonging to the Buyer and a password. You can place orders and make purchases from your user account. The user account can also be created by placing an order on the www.shop.the3hourgarden.com page by placing the selected product in the basket, entering a real e-mail address that can be linked to the Customer and the data necessary to place the order, and the order is by submitting it, you create a user account with the data you provide.
The user account contains the data and information provided by the Buyer during registration and when placing his/her order(s), all data and information related to the order(s) he/she placed (warranty related to the purchased products, invoice, etc.) and the Buyer products/product lists selected by www.shop.the3hourgarden.com
The Customer is obliged to provide real data during registration and when placing an order. If the Operator becomes aware that the range of data provided by the Customer contains partially or completely unreal elements, it is entitled to restrict access to the Customer’s user account and to exclude the Customer from using www.shop.the3hourgarden.com
A natural person is entitled to create a user account and make purchases on www.shop.the3hourgarden.com who has reached the age of 18 no later than on the day the account is created.
11.4. Contract – between the Seller and the User ordering the product from him through the www.shop.the3hourgarden.com site (hereinafter: Buyer) is concluded without the simultaneous physical presence of the Seller and the Buyer in accordance with the provisions of these General Terms and Conditions.
- GENERAL INFORMATION
13.1. Registration
The Buyer can browse and choose freely in the online store even without registration. Before purchasing, you must fill out the registration form (registration) and choose a password. It is also necessary to provide some personal data for registration. The correctness of the provided personal data can be checked by the Buyer. This is what data approval is for. If you do not approve the data, you can delete or correct all the data shown.
13.2. Entering the ID and password means that the natural person registered through registration, or the representative of a legal person or business association (organization) without legal personality, is acting on behalf of the organization during the purchase.
13.3. Login
After registration, you can log in at any time using your personal ID and password.
- GOVERNING LAW
The contract is drawn up in English and its provisions are governed by the effective legal system and legislation of the Republic of Hungary.
2022.09.12.
