Terms & Conditions
These General Contract Terms and Conditions (hereinafter "GCTC") apply to orders for products sold on the https://www.fulmerhoney.com webshop (hereinafter "Webshop").
An order placed in the Webshop does not constitute a written legal declaration, the contract resulting from it is concluded exclusively by electronic means and is therefore not a written contract, and is therefore not filed, accessible or available afterwards.
These GCTC are permanently available on the website https://www.fulmerhoney.com (hereinafter referred to as the "Website") and may be downloaded or printed at any time.
Information on the Service Provider
Name of the Service Provider: Smart Colors Limited Liability Company (hereinafter referred to as " Service Provider ")
Registered office of the Service Provider (and place of complaint): 1118, Budapest, Somlói út 58. Floor 2., door 4.
Company registration number of the Service Provider: 01-09-201878
Name of the registering authority: Fővárosi Törvényszék Cégbírósága (Company Registry Court of Budapest Capital Regional Court)
Tax number of the Service Provider: 25135752-2-43
Contact details of the Service Provider, regularly used e-mail address for correspondence: email@example.com
Facebook page of the Webshop: https://www.facebook.com/fulmerhoney
Customer service telephone number of the Service Provider: +36 30 325 8148
Customer service hours:
Monday - Thursday: 08:00 - 18:00*
Friday: 08:00 - 16:00
* weekdays only, time zone GMT+1 (Central European Time)
Questions not regulated in these GCTC, as well as the interpretation of these GCTC, are governed by Hungarian law, in particular Act V of 2013 on the Civil Code (hereinafter: "CC") and the relevant provisions of Act CVIII of 2001 on certain issues of electronic commerce services and information society services (hereinafter referred to as "Act on electronic commerce services") and the relevant provisions of Government Decree 45/2014 (26.II.) on the detailed rules of contracts between the consumer and the business (hereinafter referred to as "Government Decree")
These GCTC shall be effective from 15 November 2022 and shall remain in force until revoked. The Service Provider is entitled to amend these GCTC unilaterally. The Service Provider shall publish the amendments on the Website 14 (fourteen) days before they enter into force.
Even if the user is not registered to the Website, by using the Webshop, the customer (hereinafter referred to as "Customer") acknowledges that he/she is bound by the provisions of these GTC.
The Service Provider is not subject to the provisions of any code of conduct.
Essential elements of the subject of the contract
In the Webshop, the Service Provider shall display the name of the product for sale (hereinafter referred to as the "Product"), and shall display photos of the Products, which may differ from the actual product and may be used for illustrative purposes only. The Service Provider shall not be liable for any differences between the image displayed on the Webshop and the actual appearance of the Product. The main characteristics of the Product are set out in the description accompanying the Product. The Service Provider shall not be liable for any damages resulting from the Customer's deliberate misinterpretation of the accompanying description.
The Service Provider shall not be liable for any obvious errors or mistakes that may occur on the Website despite due diligence. In the event that the information on the Website appears to be unclear, incomplete or contradictory, in accordance with reasonable procedures to be expected of an informed consumer, the Customer may contact the Service Provider's customer service. The Service Provider shall not be liable for any adverse consequences arising from failure to do so.
In the event that, despite all due diligence or due to a system error, the Service Provider records an incorrect or obviously not accurate price on the Website, the Service Provider is not obliged to deliver the Product at the incorrect or not accurate price, but may offer to deliver the Product at the correct price, in the knowledge of which the Customer is entitled to withdraw from the purchase.
Registration is required to make a purchase in the Webshop (hereinafter referred to as "Registration"). Registration is done electronically by creating a user account, filling in a form and sending it to the Service Provider via the Website. During the Registration, the individual Customer Customer is required to provide name, e-mail address and telephone number, the corporate Customer is required to provide company name, tax number, registered office, contact name, e-mail address and telephone number, as well as the login password, and may optionally subscribe to the Service Provider's newsletter. After registration, it is also possible to provide delivery addresses.
The Service Provider shall be entitled to reject any registration request if the Customer provides false or incomplete data during the registration, or if the data or the circumstances indicate that the purpose of the registration is not the proper use of the Website. Furthermore, the Service Provider is entitled to cancel the registration if it detects any abuse, illegal conduct or action on the part of the Customer while using the Website.
Registered Customers can log in by entering their e-mail address and password in the "Login" function either before or after their set up the shopping cart.
A registered Customer has the right to cancel his/her registration at any time. To cancel the Registration, Customer must log in with his/her email address and password, and then the Registration can be cancelled by clicking on the "Cancel Registration" button within the account.
The Customer can place his/her order by adding the Products to the virtual shopping cart (hereinafter referred to as "Order"). The Customer sets the number of items of the Product he/she wishes to purchase and then clicks on the "Add to Cart" button below the Product to add the Product to the shopping cart. By clicking on the "jump to cart" button, the selected Products can be viewed and the contents of the cart can be edited or deleted. In case the Customer wishes to add more Products to the cart, he/she can continue the purchase by clicking on the "continue shopping" button.
The price shown next to each Product on the Website is the price of the Product as offered, excluding any shipping costs (the "Purchase Price"). The Customer may pay the Purchase Price (and the shipping costs) only by prepaying by credit card, or through the secure payment system of the financial service provider Stripe, or by using a PayPal account. The data provided by the Customer during the payment process is not stored by the Service Provider and is processed by the respective payment processing company and is subject to the different data protection provisions of the financial service providers.
The Customer may collect the Product at the shipping address provided by him/her. The delivery of the Product to the Customer's home is carried out by the courier service (FedEx) used by the Service Provider, the the delivery fee must be paid by the Customer. The shipping cost is calculated by the Website and added to the price of the Product based on the exact shipping address and the quantity of the Products ordered.
In any case, the Customer may return to the previous stage and correct the data entered before the Order process is completed. The correction can be made by pressing the "update" button. The contents of the cart can be deleted by pressing the "delete" button.
By using the "Submit Order" button, the Customer makes a binding offer to purchase the Product(s) in the shopping cart, thereby accepting these GCTC and acknowledging that he/she is bound by its provisions. By placing an Order, the Customer acknowledges that he/she has a payment obligation towards the Service Provider.
After sending the Order, the Service Provider shall automatically send the Customer an electronic letter confirming receipt of the Order, which shall confirm that the Customer's Order has been received by the Service Provider (hereinafter referred to as "Confirmation"). In the event that the Confirmation is not received by the Customer within 48 hours of the Order being sent, the Customer shall be released from its contractual obligations. The Order and the Confirmation shall be deemed to have been received when it is made available to the recipient. The Service Provider shall not be liable for the non-receipt of the Confirmation if it is not received on time because the Customer has provided an incorrect e-mail address or if his account is unable to receive messages for any reason.
The Customer acknowledges that the Confirmation is merely an automatic response to the Order, which does not constitute acceptance of the Customer's offer and therefore does not constitute a contract. A contract shall only be concluded between the Service Provider and the Customer if the Service Provider sends another e-mail to the Customer following the Confirmation, informing the Customer of the details of the Order and the expected date of fulfilment (hereinafter referred to as the "Final Confirmation").
The Service Provider reserves the right not to accept the Order for the Product indicated as "available for order", but which is out of stock, incomplete or not re-orderable. In this case, the Customer will be notified of the refusal of concluding the contract, with a refund of the payment made.
Orders are processed during opening hours. Orders placed outside business hours will be processed on the next business day.
With the Final Confirmation of the Order, a contract for the purchase of the Product(s) is concluded between the Service Provider and the Customer (hereinafter referred to as the "Contract"), which is in accordance with the content of the Order and the GCTC. The general completion date is 30 business days from the date of the conclusion of the Contract.
The Customer's right of withdrawal
If the Customer is considered to be a consumer, he/she may withdraw from the Contract and return the ordered Product to the Service Provider within 14 (fourteen) days of receipt of the ordered Product without giving any reason, in accordance with the provisions of the Government Regulation. The Customer who is considered to be a consumer may exercise the right of withdrawal in the period between the date of conclusion of the Contract and the day of receipt of the Product. The Customer who is considered to be a consumer shall have the right to withdraw the offer before the conclusion of the Contract, which shall terminate the obligation to make an offer covering the conclusion of the Contract.
The Customer who is considered to be a consumer may exercise the right of withdrawal by using the declaration-sample in Annex 2 of Government Regulation or by means of an express declaration to that effect. The Service Provider shall also provide the Customer considered a consumer with the right of withdrawal on the Website. In this case, the Service Provider shall immediately acknowledge receipt of the consumer's withdrawal by e-mail.
The direct cost of returning the Product shall be borne by the Customer pursuant to the paragraph 2 of the §24 of the Government Regulation, and the Service Provider shall not be liable for the payment of such costs. In exercising the right of withdrawal, the Customer shall not bear any costs other than the costs of returning the Product.
In the event of withdrawal by the Customer who is considered to be a consumer, the Service Provider shall refund the total amount paid by the Customer as consideration, including the costs incurred in connection with the fulfillment, in the same manner as the payment method used by the Customer, within 14 (fourteen) days of receipt of the notice of withdrawal at the latest. The reimbursement may be withheld by the Service Provider until the Product(s) have been returned or the Customer has provided evidence that the Product(s) have been returned.
The Customer who is not considered to be a consumer, in particular a person (business) acting in the course of his/her profession, self-employment or business activity, shall not have the right of withdrawal.
In the event of defective fulfillment by the Service Provider, the Customer may assert a claim for warranty against the Service Provider in accordance with the rules of the Civil Code. The Service Provider shall be deemed to have failed to fulfill if the Product does not meet the quality requirements laid down in the Contract or by law at the time of fulfillment. The Service Provider does not act defectively if the Customer knew of the defect at the time of the conclusion of the contract or should have known of the defect at the time of the conclusion of the contract.
The Customer may, at his/her option, make the following warranty claims: request repair or replacement, unless the fulfilment of the claim chosen by the Customer is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfilment of his/her other claim. If the Customer has not requested or could not request the repair or replacement, the Customer may request a proportionate reduction of the consideration or the Customer may have the defect repaired or replaced by another party at the expense of the Service Provider or, as a last resort, may withdraw from the Contract. The Customer may transfer his/her right of warranty for accessories to another, but the cost of such transfer shall be borne by the Customer, unless it was justified or the Service Provider has given a reason for it.
The Customer is obliged to notify the defect immediately after its discovery, but not later than within two months from the discovery of the defect. The rightful claim to a warranty for defects shall expire within 1 (one) year from the date of fulfillment, in the case of a contract between the Customer and the Service Provider if the Customer is considered to be a consumer, within 2 (two) years from the date of fulfillment.
The Customer who is considered to be a consumer may, at his/her option, instead of claiming a warranty for accessories, also claim a product warranty in accordance with the rules of the Civil Code. A product warranty claim may only be asserted against the manufacturer or distributor of the Product. Only the repair or replacement of the defective Product may be claimed as a product warranty claim. A Product is defective if it does not meet the quality requirements in force when the Product was placed on the market by the manufacturer or if it does not have the characteristics described by the manufacturer.
The manufacturer (distributor) is exempted from the product warranty obligation if it proves that
he/she has not manufactured the product in the course of his/her business or self-employment or made it available on the market;
at the time the product was placed on the market, the defect was not detectable by the state of science and technology; or
the defect of the product was caused by the application of a legal or regulatory requirement.
The Customer who is considered to be a consumer shall notify the manufacturer of the defect without delay after discovering the defect. A defect notified within two months of the discovery of the defect shall be deemed to have been notified without delay. The Customer shall be liable for any damage resulting from the delay in notification. The manufacturer shall be liable for the warranty for a period of two years from the date on which the Product was placed on the market. The expiry of this period shall result a loss of rights.
The complaints handling procedure
In the event that the Customer has a complaint regarding the Contract or its fulfillment, the Customer may communicate the complaint by telephone, e-mail or letter (hereinafter referred to as "Complaint"), as set out in Part II of this GCTC.
The Service Provider will immediately investigate the verbal complaint communicated by telephone and correct it as necessary. If the Customer does not agree with the handling of the Complaint or if it is not possible to investigate the Complaint immediately, the Service Provider shall immediately take a record of the Complaint and its position and send a copy of the record to the Customer.
The Service Provider shall respond to the written complaint in writing within 30 (thirty) days. The Service Provider shall state the reasons for rejecting the Complaint. The Service Provider shall keep a record of the Complaint and a copy of the reply for five years and shall present it to the supervisory authorities upon request.
If the Customer detects a violation of his/her consumer rights, he/she has the right to file a complaint to the competent consumer protection authority in his/her place of residence. After examining the complaint, the authority shall decide whether to initiate consumer protection proceedings. A list of the authorities with jurisdiction and contact details are available on this website: http://jarasinfo.gov.hu
For the extrajudicial, amicable settlement of consumer disputes related to the quality of the Products and the conclusion and fulfillment of the Contract, the Customer may initiate proceedings at the conciliation body competent in the place of his/her residence or domicile, or may apply to the conciliation body of the professional chamber competent in the place of the Service Provider's registered office. Contact details of the Budapest Conciliation Board:
Address: 1016 Budapest, Krisztina krt. 99. Floor 3, door 310.
Mailing Address: 1253 Budapest, POBox.: 10.
Phone number : +36 1 488 2131
Fax number: +36 1 488 2186