1. Webshop Information
Company name, legal form: Palmai Succulent Garden Kft.
Registered office: 1154 Budapest, Pöltenberg Ernő utca 147.
Mailing address: 1154 Budapest, Pöltenberg Ernő utca 147.
Webshop phone number: +36304451255
Webshop email address: palmaisucculentgarden@gmail.com
Registering court/authority: Fővárosi Törvényszék Cégbírósága Budapest
Company registration number: 0109341957
Tax number: 26735599-1-42
EU Tax number: HU26735599
Webshop online sales platform
(domain name): https://palmaisucculentgarden.com/uzlet/
Bank account number HUF: 11715007-21514182-00000000
2. General Delivery Terms
The content of the contract (hereinafter: “Contract”) between the Buyer and the Webshop is determined by:
- The individual terms established during the purchase process between the Buyer and the Webshop, and
- These General Terms and Conditions (hereinafter: “GTC”).
Accordingly, the GTC includes:
- The main data and contact details of our company (the Webshop),
- The rights and obligations of you as the Buyer and us as the Webshop,
- Information related to the use of our Webshop and the ordering process (e.g., registration, order process, whether the contract is in writing, the language of the contract, whether it is archived, correction of data entry errors, binding offers and confirmation, etc.),
- Rules regarding performance deadlines,
- Liability rules,
- Delivery and payment terms,
- Information on the right of withdrawal and the conditions for exercising it,
- Information on warranty, implied warranty, and product warranty,
- Detailed presentation of the legal remedies available to you.
Definitions
The definitions of the terms used in the GTC are collected in Annex I for your complete information. For better understanding, some terms are also defined in the main text.
3. Applicable Laws
The Contract is governed by the laws of Hungary. The most important laws are listed so you can verify your rights from first-hand, fully reliable sources:
- Act CLV of 1997 on Consumer Protection
- Act LXXVI of 1999 on Copyright
- Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services
- Government Decree 151/2003 (IX.22.) on the mandatory warranty for durable consumer goods
- Act CXX of 2011 on the Right to Informational Self-Determination and Freedom of Information
- Act V of 2013 on the Civil Code (especially Book Six)
- Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses
- Government Decree 373/2021 (VI. 30.) on the detailed rules of contracts for the sale of goods and the provision of digital content and digital services between consumers and businesses
- NGM Decree 19/2014 (IV.29.) on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business
- REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (27 April 2016) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
- REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (28 February 2018) on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market, and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
4. Introduction
Welcome to our website (hereinafter: “Webshop”).
Language of the Contract
The language of the Contract is English.
Basic information: Who makes the offer and who accepts it?
The information provided in the Webshop does not constitute an offer to conclude a contract by the Webshop. According to the law, you are considered the offeror, and the Webshop accepts your offer, thus establishing the contract between us.
Basic information: Is the contract concluded between us in writing?
An order placed through the Webshop is not considered a written legal statement but a legal statement made by implied conduct. Therefore, the contract concluded electronically between you and the Webshop is not considered a written contract, is not archived by the Webshop, and thus is not accessible or viewable afterwards.
Placing an order, conclusion of the contract
Orders can only be placed electronically. Orders cannot be placed by fax, phone, email, or letter; the Webshop cannot fulfill orders received in such ways.
By using the Webshop and acting by implied conduct (checking the checkbox and clicking the order button), you acknowledge and accept the provisions of these GTC and the individual terms for the purchase of the specific product(s).
5. Detailed Purchase Conditions
You can browse our Webshop without registration, but providing buyer data is a prerequisite for purchasing in the Webshop.
Rights and obligations regarding registration:
- You are entitled to request the deletion of your registration in the manner specified in the Webshop (by sending a message to our contact email address). Upon receipt of the message, the Webshop is obliged to ensure the deletion of the registration. Your user data will be immediately removed from the system after deletion. However, this does not affect the retention of data and documents related to orders already placed and does not result in the deletion of such data.
- You are solely responsible for keeping your user access data (especially the password) confidential. If you become aware that an unauthorized third party may have obtained your password provided during registration, you must immediately change your password, and if it is suspected that the third party may misuse the password in any way, you must simultaneously notify the Webshop.
- You undertake to update the personal data provided during registration as necessary to ensure that they are current, complete, and accurate.
Order process
You can find out about the essential properties, characteristics, price, and available quantity of the products by clicking on the product names on the product page.
“Cart” functions
If you like any product, you can place it in your virtual cart by clicking the “Add to Cart” button.
You can view the contents of your cart by clicking the cart icon.
Before finalizing your order, you can decrease, increase, or remove the quantity of the product(s) in your cart as you wish.
Steps to initiate your order:
To send your order, you need to provide your name, billing and shipping information, and select the desired delivery/shipping method from the available options. For your convenience, some data may already be pre-filled by our system.
You can modify your data during the order process on the Checkout page or in your user account under the Data Modification menu.
You can send us additional information in the Comment textbox during the ordering process.
What should you do before sending your order? (data verification/correction)
Before finalizing your order, you can check all previously provided data and the products and quantities you wish to order on a summary page. If you notice any data entry errors, be sure to correct them in the provided data. If you wish to change any content element of the cart or your data before final submission, you can do so using the technical means provided by the Webshop (e.g., “Back” button or left arrow).
Sending the order and the creation of your payment obligation
If you have verified that your data is correct and the cart contents match the products you wish to order, after accepting these GTC (by checking the checkbox), you can finally send your order to the Webshop by clicking the “Order” button, which creates a payment obligation for you.
Important information about product prices
The purchase price of the products displayed in the Webshop does not include value-added tax (net); the 27% VAT applicable in Hungary or the relevant EU VAT for the shipping address will be added during invoicing. If the shipping address is outside the EU, no VAT will be added. Thus, invoicing will be based on the tax status of the buyer’s shipping address. The price displayed next to the products does not include the delivery cost. Product prices are shown in euros. For deliveries to Hungary, invoicing in forints is based on the current MNB EUR/HUF exchange rate. The total amount payable includes all costs, including any delivery charges, as shown in the order summary and confirmation email.
Order confirmation process
Confirmation method: An automatic technical confirmation email and a second, contract-establishing email.
After you have sent your order to us via the Webshop, you will receive two emails from us.
The first email is an automatic confirmation email (which will arrive within a few minutes), informing you that your order has been received by the system. This is a technical system message containing the data you provided (order ID, order date, list of ordered products, quantity, product price, delivery cost).
If you find that the automatic confirmation email contains incorrect data, you must notify us immediately by email and provide the correct data. If the automatic confirmation email does not arrive in your inbox within 24 hours, please contact us at palmaisucculentgarden@gmail.com, as your order may not have reached our system due to technical reasons.
The second email (not an automatic, technical system message) contains the Webshop’s contractual (i.e., acceptance of your offer/order) statement, which confirms the feasibility of the order within a maximum of 7 calendar days from the time you submitted your order. This email contains the total amount payable and the payment methods. The acceptance email from the Webshop is considered acceptance of your offer by the Webshop, thereby establishing the contract between you and the Webshop. The Webshop will fulfill your order once the total amount has been paid.
The contract for the online sale of products concluded between you and the Webshop is considered a contract concluded electronically. Under the sales contract, the Webshop is obliged to transfer ownership of the goods, and you are obliged to pay the purchase price and take delivery of the goods.
Conclusion of the contract, content of the contract
When is the contract concluded between you and the Webshop?
The acceptance email from the Webshop is considered acceptance of your offer by the Webshop, thereby establishing the contract between you and the Webshop at the time when our contractual statement email becomes accessible in your electronic mail system.
What type of contract is the contract concluded between you and the Webshop?
The contract for the online sale of products concluded between you and the Webshop is considered a contract of sale concluded electronically. Under the sales contract, the Webshop is obliged to transfer ownership of the goods, and you are obliged to pay the purchase price and take delivery of the goods.
Binding offer
You are released from the binding offer if you do not receive the acceptance email from the Webshop regarding your order (i.e., acceptance of your offer) within 7 calendar days at the latest.
The order and its confirmation are considered received by the Webshop and by you when they become accessible to the recipient.
If the confirmation does not arrive on time because you provided an incorrect email address during registration or your mailbox is full and cannot receive messages, the Webshop excludes liability for the failure of your order and the non-conclusion of the contract.
If you have already sent your order to the Webshop and notice an error in the data in the confirmation email, you must notify the Webshop within 1 day to avoid the fulfillment of unwanted or incorrect orders.
If your order has been confirmed in writing, we can accept modifications to the order for a 20% handling fee (if the process allows), unless otherwise agreed in a separate agreement.
Incorrect price
We take the utmost care in displaying product prices and descriptions. However, it may happen that a price significantly different from the usual market price (promotional) is displayed and/or an unrealistic price is shown due to an IT tool/software error.
An obviously incorrect price may be in any of the following three cases:
- The Webshop displays a price of 0 HUF for one or more products,
- A discounted price is displayed for one or more products, but the discount is not applied correctly,
- A price is displayed for one or more products without the intention of an actual price reduction, which is even lower than the discounted market price.
In such cases, the Webshop is entitled to:
- Not accept (reject) your offer made at a price that differs from the Webshop’s contractual intent (unrealistically low price), and
- At its discretion, make a new offer to you at the correct price (you are not obliged to place a new order at this new price), or
- Consider the offer process initiated at the incorrect price as unsuccessful, and the contract is not concluded.
It is important to emphasize that in assessing commercial practice, the behavior of a consumer who acts reasonably, with the attention and care generally expected in the given situation, should be taken as a basis.
The Webshop therefore assumes that the Buyer acts as a conscious consumer when ordering, is aware of the properties, characteristics, and market price level of the product to be ordered, and thus also if the price indicated by the Webshop is obviously too low.
Payment methods
You can pay the purchase price of the selected products by bank transfer or PayPal (+5% fee).
- HUF account number: 11715007-21514182-00000000
- EUR: Name: Palmai Succulent Garden Kft.
- Bank: OTP Bank Rt.
- Address: Budapest
- IBAN: HU02 1176 3158 1734 0889 0000 0000
- BIC (SWIFT) CODE: OTPVHUHB
- PayPal: palmaisucculentgarden@gmail.com
Invoice
The Webshop issues an invoice for your purchase and sends it to you by email.
Delivery conditions
Delivery within Hungary is based on the general price list of Magyar Posta.
Outside Hungary, we use UPS parcel service for deliveries.
Information on product receipt
Upon receipt of the product(s), you are required to check whether the packaging and the delivered product(s) are undamaged. If you notice any damage to the packaging and/or the product(s), please take photos and contact us immediately.
Delivery deadline
The Webshop is obliged to make the product available (deliver) to the Consumer without delay after the conclusion of the contract, on average within 1 week, but no later than within 28 working days. The delivery deadline is always included in the final confirmation sent by the Webshop. The Webshop will hand over your order to the courier service as soon as possible, depending on the type of product(s) ordered. The actual delivery time may differ depending on the chosen method. The Webshop and/or the courier company will notify you in advance by email and/or phone about the delivery day.
In case of delay by the Webshop, the Buyer who qualifies as a Consumer (see Definitions in Annex I) is entitled to set an additional deadline. If the Webshop does not perform within the additional deadline, the Consumer is entitled to withdraw from the contract.
Conditioning delivery on payment
If you have previously failed to accept the ordered product from the carrier (except for the lawful exercise of the right of withdrawal), or personal collection has not taken place within the deadline indicated in these GTC, the Webshop may charge you additional costs for repeated delivery or for handling the plants you ordered and assembled.
Transfer of risk
If the Buyer qualifies as a Consumer (see Definitions in Annex I) and the Webshop undertakes to deliver the product(s) to the Consumer, the risk passes to the Buyer when the Buyer or a third party designated by the Buyer takes possession of the product(s). The risk passes to the Buyer upon delivery to the carrier if the carrier was commissioned by the Buyer, provided that the carrier was not recommended by the Webshop.
Reordering previously ordered products
You can reorder previously ordered products if they are currently in stock. After logging in, you can access the Previous Orders menu from your User Account. Here, by clicking on individual orders, you can add the products to your cart again with one click, from which you can freely delete, add, or modify items as in any other cart process.
6. Right of Withdrawal, Implied Warranty, Product Warranty
The Webshop draws your attention to the fact that the right of withdrawal cannot be exercised in connection with plants purchased in the webshop, as live plants are considered perishable or products with a short shelf life under Section 29 (1) d) of Government Decree 45/2014 (II.26.), and the right of withdrawal is excluded for such products.
The right of withdrawal also does not apply to businesses, i.e., persons acting within the scope of their profession, independent occupation, or business activity.
For other, non-plant products, you may exercise your right of withdrawal in accordance with Government Decree 45/2014 (II.26.).
The Webshop’s warranty and guarantee liability is governed by NGM Decree 19/2014 (IV. 29.). In case of a product defect, you may enforce an implied warranty or product warranty claim.
We strive to handle the products you purchase with the utmost care. Nevertheless, minor damages, or leaf or flower loss may occur during shipping and handling.
If you notice any problems upon receipt of the package, please notify us immediately (with a photo) at palmaisucculentgarden@gmail.com!
We can only accept complaints or comments regarding live plants within 3 working days after receipt.
A sample withdrawal statement can be found in Annex I.
Palmai Succulent Garden Kft. Complaints
Although the right of withdrawal cannot be exercised for live plants, our Webshop is open to flexible cooperation.
If you experience any problems upon receipt of your purchased products (whether personal collection or home delivery), or are dissatisfied with the product for any reason, please proceed as follows:
- Send your observation, complaint, or claim to us in writing at palmaisucculentgarden@gmail.com.
- After consultation, you may return your order in part or in full to us within 5 days of receipt, in unchanged condition.
1154 Budapest, Pöltenberg Ernő utca 147.
The return is entirely the Consumer’s responsibility and at their own expense. - The price of items returned in unchanged, live/undamaged condition will be refunded to you within 2 working days (minus a 20% handling fee).
The original shipping cost cannot be refunded under any circumstances. - The refundable purchase price will be refunded using the original payment method, the invoice will be modified, and then sent to the Consumer by email.
7. Legal Remedies
Complaint handling
When can you make a complaint?
You may make a complaint to the Webshop regarding the conduct, activity, or omission of the Webshop or any person acting on behalf of or for the benefit of the Webshop, which is directly related to the distribution or sale of the product(s) to you.
How can you make a complaint?
You may submit your complaint to the Webshop in writing.
Where can you make a complaint?
You may submit your consumer objections regarding the product or the Webshop’s sales activity primarily in writing via the contact details specified in point 1.
Written complaint
The Webshop will respond to written complaints within 10 days and take action to communicate the response.
If the complaint is rejected, the Webshop will inform you of the reason for the rejection. In case of rejection, the Webshop is obliged to inform you in writing about which authority or conciliation body you may contact, depending on the nature of your complaint. The information must also include the seat, telephone and internet contact details, and mailing address of the competent authority or the conciliation body according to your place of residence or stay. The information must also cover whether the Webshop will use the conciliation body procedure to resolve the consumer dispute.
Other legal remedies
If a consumer dispute between the Webshop and the Buyer is not resolved during negotiations, the Buyer who qualifies as a Consumer may contact the conciliation body competent for their place of residence or stay, or the conciliation body competent for the Webshop’s registered office, and may also use the following legal remedies:
- Conciliation body procedure
- Complaint to the consumer protection authority
- Dispute resolution procedure via the EU online dispute resolution platform
- Initiation of court proceedings
Details:
Complaint to the consumer protection authority
If you notice a violation of your consumer rights, you may file a complaint with the consumer protection authority competent for your place of residence. After assessing the complaint, the authority will decide on the conduct of the consumer protection procedure. The consumer protection authority acts upon request or ex officio, examining the Webshop’s market conduct from a consumer protection perspective. However, your individual case will be resolved by the conciliation body, i.e., in this case, the consumer protection authority will refer your case to the conciliation body.
Dispute resolution via the European Union online dispute resolution platform
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU
In the case of a consumer dispute related to an online sales contract, consumers have the option to resolve their online shopping-related, even cross-border disputes electronically by submitting an electronic complaint via the online platform available at the above link.
To do this, simply register on the online platform at the above link, fill in an application completely, and submit it electronically to the conciliation body via the platform. This way, consumers can easily enforce their rights despite the distances.
The government offices have been designated as the general consumer protection authority. Contact details for government offices: https://www.kormanyhivatal.hu/hu/elerhetosegek
8. Miscellaneous Provisions
Liability
The Buyer may use the Webshop and the webshop interface solely at their own risk and accepts that the Webshop assumes no liability for damages arising from use, except for liability for damages caused intentionally or by criminal offense, and for damages to life, physical integrity, or health.
The Buyer is obliged to ensure that the use of the Webshop does not directly or indirectly infringe the rights of third parties or the law.
The Webshop is entitled, but not obliged, to check content (e.g., comments) made available by the Buyer during the use of the Webshop, and is entitled, but not obliged, to look for signs of illegal activity in the published content and assumes no liability for these.
The Webshop’s pages may contain links to other websites. The Webshop assumes no responsibility for the data protection practices or other activities of these service providers.
If the Buyer notices any objectionable content in the Webshop, please notify the Webshop immediately. If the Webshop, acting in good faith, finds the notification justified, it is entitled to delete or modify the information immediately.
Data management
Our Webshop considers the secure, legally prescribed handling of consumers’ data to be of paramount importance.
Our privacy policy is available here: https://palmaisucculentgarden.com/gdpr-policy/
Our goal is to select the most beautiful plants for you from all available plant material.
9. Unilateral Amendment of the GTC, Exclusions
How can we amend the GTC?
The Webshop is entitled to unilaterally amend these General Terms and Conditions with prior notice to the Buyer in the Webshop. The amended provisions become effective for the Buyer upon the first use of the Webshop after the amendment enters into force and apply only to orders placed after the amendment. The amendment of the GTC is not retroactive.
The date of the last amendment is published at the end of the GTC.
Entirety of the contract, exclusions
These GTC, the information available in the Webshop, and other information constitute the entire content of the contract between the Webshop and the Buyer.
The content of contracts concluded under these GTC does not include customs and practices developed in previous business relationships between the Webshop and the Buyer. Furthermore, the content of contracts concluded under these GTC does not include customs widely known and regularly applied by parties to similar contracts in the given sector.
Sample withdrawal statement
Only fill in and return this form if you wish to withdraw from the contract.
Webshop data:
Company name: Palmai Succulent Garden Kft.
Registered office: 1154 Budapest, Pöltenberg Ernő utca 147.
Phone: +36304451255
Email: palmaisucculentgarden@gmail.com
Tax number: 26735599-1-42
I/We, the undersigned, declare that I/we exercise my/our right of withdrawal in respect of the contract for the sale of the following product(s) concluded with the Webshop:
Order number: ………………………………………………………….
Product name: ……………………………………………………….
Date of contract/conclusion or date of receipt:
Name of consumer(s) exercising withdrawal: ………………………………………………………………………………
Address of consumer(s) exercising withdrawal: ……………………………………………………………………………..
………………………………………………………………………………………………………………………………….
If you provide the following data, you consent to the Webshop refunding the total amount paid by you by bank transfer:
Name of beneficiary: ……………………………………………………………………………………..
Bank account number: …………………………………………………………………………………….…..
Email address provided at the time of purchase/registration: …………………………………………………
Dated …………………………………….., year……………………….month……………..day
…………………………………………………………………………………………………………….
Signature of consumer(s)
Budapest, 2025.03.01.