Flóra Higiénia Kft.’s Custom Napkin Printing Service – dev.szalvetatervezes.hu – General Terms and Conditions (hereinafter: GTC)
Preambulum
Flóra Higiénia Kft. (hereinafter: the Company) is a business entity registered in Hungary that engages in the distribution of restroom hygiene products, office supplies, and paper goods. In addition, taking customer needs into account, the Company undertakes to produce custom napkin products using content (images, graphics, text) provided by the Buyer, for sale in stores or online.
The Company
a) Full company name: FLÓRA HIGIÉNIA Paper and Chemical Products Wholesale Limited Liability Company
b) Registered office: 2890 Tata, 13 Fatelep Street.
c) contact information, in particular the email address regularly used to communicate with customers: info@florahigienia.hu
d) court of registration: Tatabánya Regional Court, acting as the Commercial Registry Court
e) Company registration number: 11-09-011372
f) Tax ID number: 13661368-2-11
1. Scope and Application of the General Terms and Conditions
1.1. The scope of these General Terms and Conditions applies exclusively to the Service Provider dev.szalvetatervezes.hu It applies to legal relationships established through its website.
1.2. The Company’s napkin design and production services are provided exclusively in accordance with the provisions of these General Terms and Conditions.
1.3. Any amendment to the contract entered into pursuant to these General Terms and Conditions may be made only in writing and by mutual agreement between the Buyer and Flóra Higiénia Kft.
2. Order, Formation of a Contract
2.1. Orders can be placed in person with store employees or remotely via the dev.szalvetatervezes.hu website.
2.1.1. In-Store Order
The Customer may place an order in person at the store by providing the Service Provider with the Customer’s content (images, graphics, text) via a storage device (USB drive, CD). While compiling and editing the order, the Customer may seek advice and assistance from the Service Provider’s staff; however, the Customer bears full responsibility for the content of the order.
2.1.2. Placing an Order Remotely via the Website
The Customer may also place an order remotely using the editor and ordering program available on the dev.szalvetatervezes.hu website (hereinafter: “Website”). By using the design program, the Customer accepts the terms and conditions governing its use.
2.2. Any order placed by the Buyer shall be deemed a definitive request to use the Company’s services as precisely specified in the order and shall constitute the formation of a contract between the Parties. The Buyer hereby acknowledges that it has incurred a payment obligation with respect to the ordered products or services.
2.3. The Buyer is responsible for the usability and content of any digital content (photographs, graphics, etc.) used in the order and provided by the Buyer. By including such content in the order, the Buyer declares that it holds the rights to use such content and that its content does not violate any applicable restrictions. (Copyright Protection) The Company reserves the right to refuse to fulfill orders in which it can be established or is highly probable that the use of the digital content provided by the Customer violates applicable law. The Company assumes no liability for any copyright infringements arising from the use of content provided by the Buyer.
2.4. The Company strives to ensure that the widest possible range of digital content formats can be used on the interfaces provided for placing orders, and that content can be uploaded from as many sources as possible (data storage media, mobile digital devices). However, for technical reasons, it may happen that certain device(s) of the Buyer or a particular file format is not recognized by the Company’s system, and products or services cannot be ordered using such device(s) or file format. In such cases, the Customer may not assert any claims against the Company.
2.5. The Company strives at all times to offer the widest possible range of products and services available for order. However, due to technical, logistical, or other reasons, the Company may need to temporarily or permanently suspend the provision of certain products or services. If the Company restricts the availability of a product or service for which an unfulfilled order is still pending, the Company is entitled to unilaterally cancel the order for such product, subject to the full and immediate refund of the purchase price already paid by the Buyer for the canceled product.
2.6. The Company reserves the right to require a minimum order quantity.
3. Data Processing
3.1. In order to record orders for its services, the Company may request certain information from the Customer (name, email address, phone number) that constitutes personal data. The Company records and processes this information in accordance with applicable laws (Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation).
3.2. The Company does not verify the provided data in any form. The Buyer is at all times entitled to enter arbitrary values—rather than accurate data, either in part or in full—into the Company’s data-request forms. Given that the Company requests specific data to obtain the contact information necessary for sending order fulfillment notifications, clarifying any questions that may arise during production, and delivering the finished products, the Company shall not be held liable for any damages arising from a lack of communication or identification errors due to the provision of false information, and the Buyer shall have no legal grounds to refuse acceptance of the completed products.
3.3. Further detailed rules regarding data processing can be found in the “Privacy Notice.”
3.4. The Company makes the prices of its services publicly available in-store and on the Website. The prices of the services available on the customer interfaces are accurately calculated by the order management software based on the order details and are displayed to the Customer in an unambiguous manner before the order is finalized.
4. Prices and Payment Terms
4.1. The prices listed are always in Forint and include VAT.
4.2. The Company reserves the right to change prices without prior notice. Any price changes shall not affect products or services that have already been ordered.
4.3. Unless otherwise agreed by the parties, payment for products and services is due upon conclusion of the contract; for in-store orders, payment is made at the store’s checkout, and for online orders, payment is made via the payment interface provided by the ordering system. In the event that the ordering system does not automatically provide the option for online payment, payment must be made upon pickup at the store or, in the case of home delivery, via cash on delivery to the courier delivering the goods.
5. Postal Services
The referenced amendment to the Postal Government Decree requires businesses with commercial websites selling goods within Hungary to to include the postal (delivery) service provided by Magyar Posta Zrt. as an option on their websites for the delivery of the goods they sell.
Magyar Posta Zrt. offers postal (delivery) services to businesses with commercial websites at the rates specified in individual contracts or in its general terms and conditions.
The base fees for these services are:
- Delivered to a parcel locker, a Posta Pont, or a post office: 990 Ft gross per item.
- For home delivery: 1,990 Ft gross per item for packages weighing 0–10 kg.
- For home delivery: 2,990 Ft gross per item for packages weighing 10–20 kg.
- For home delivery: 5,990 Ft gross per item for packages weighing 20–40 kg.
If you would like to use our mailing service, please request a custom quote using one of the contact details below. We collect mail items and deliver them once a week; we charge a 1-hour labor fee for this service, the exact amount of which will be specified in the customized quote.
Request a custom quote from us.
6. Delivery and Acceptance, Quality and Quantity Complaints, Withdrawal
6.1. The Customer may obtain preliminary information regarding the expected completion time for products ordered as part of specific services from the Website or from store employees. If the completion date of the ordered product does not fall on the date of the order, the Company will send the Buyer a notification via email when the product becomes available for pickup. The Company’s notification shall be deemed to have been sent and received even if the Buyer did not provide, or provided incorrectly, the information (email address) requested for the purpose of sending such notifications.
6.2. The Company shall make every reasonable effort to meet the completion timeframe communicated to the Buyer during the ordering process or selected by the Buyer from among the options offered, but assumes no liability in this regard. If the completion of the ordered product or service exceeds the estimated timeframe provided at the time of the order by more than 50 percent, the Buyer is entitled to cancel the order and claim a refund of the prepaid purchase price from the Company.
6.3. The Company shall deliver the finished products—in accordance with the Buyer’s selection as specified in the order—either at its place of business or by shipping them to the address in Hungary provided by the Buyer.
6.4.1. Pickup at the Company’s retail location: After receiving notification that the products are ready, the Buyer may pick them up at the Company’s designated store during its business hours by presenting the order confirmation slip or email (for orders placed via the online platform).
If the customer is unable to present any of these documents, the Company may not be able to identify and fulfill the order. In such cases, the Company shall have no liability to the Customer, including any obligation to reproduce the order (if it cannot be identified) or to refund its price.
The Company retains completed but unclaimed orders for 30 days. Before the retention period expires, the Company will attempt to notify the Buyer via the phone number provided when the order was placed or via email. Regardless of the outcome of the notification attempt, products that were completed more than 30 days ago and have not been picked up will be destroyed. The Buyer is not entitled to compensation or a refund of the purchase price (or portion thereof) previously paid in connection with products destroyed in this manner. If the Buyer
If the Buyer requests pickup of the order after the cancellation deadline, the order must be recorded as a new order, and the Buyer is obligated to pay for it at the current price.
6.4.1. Delivery and Acceptance for Home Delivery: The Company will fulfill the home delivery requested in the Buyer’s order by engaging a courier service as a subcontractor. The courier service will visit the Buyer at the specified address to attempt delivery of the ordered product; if the delivery attempt is unsuccessful, a second, free attempt will be made. If the Buyer cannot be reached during the second delivery attempt, the Company is entitled to pass on the additional costs of any further delivery attempts to the Buyer.
The Company offers home delivery exclusively for orders placed through its online sales platforms. Without exception, the products available for order on the online platforms are custom-made, custom-made items produced according to the Buyer’s instructions and at the Buyer’s express request, and the Buyer is not entitled to the 14-day right of withdrawal applicable to products ordered through the online stores.
6.5. Quality or Quantity Complaints: The Buyer is obligated, at the time of delivery and acceptance, to raise any complaints regarding the quality or quantity of the product received that are detectable by visual inspection upon acceptance, as well as to compare the received product with the items listed in the order and to notify the Company of any discrepancies. Following the handover, unless the Buyer has raised any objections, the Parties shall consider the ordered items to have been delivered in full.
6.5.1. Upon receipt of products that were created by the Buyer using digital content provided by the Seller, may raise quality complaints regarding defects that did not arise as a result of the quality of the digital content provided by the Buyer or the editing work performed by the Buyer. The Buyer may not refuse to accept products prepared by the Company or demand a reduction in the purchase price on the basis of such complaints attributable to errors or poor quality on the part of the Buyer.
6.5.2. If the quality of a product delivered by the Company to the Buyer—for reasons not attributable to the Buyer—falls short of the expected quality, and the Buyer reports this within 30 days of receiving the product, the Buyer may request that the quality defect be corrected (or, if this is not possible, that the product be remanufactured), or may cancel the order and request a refund of the purchase price already paid for the product.
6.5.3. Given that there may be technically significant differences in the ways digital image content is displayed, which greatly affect the colors of the displayed images, it shall not be considered the Company’s fault, and thus shall not constitute grounds for refusing acceptance, if the colors of a photographic product do not exactly match the colors visible on another surface that the Buyer considers to be a sample.
7. Warranty for Defects
7.1. The Company shall not be liable for damage resulting from normal wear and tear, or for damage resulting from improper or negligent handling after the risk of damage has passed, excessive use, exposure to conditions other than those specified, or any other use of the product that is not in accordance with its intended purpose.
7.2. In the event of defective performance by the Company, the Customer may assert a claim for warranty against the Company in accordance with the provisions of the Civil Code.
7.3. The Customer may, at its discretion, assert the following claims under the warranty for defects: request repair or replacement, unless the claim chosen by the Customer is impossible to fulfill or would entail disproportionate additional costs for the Company compared to fulfilling another claim. If the Customer did not request or was unable to request repair or replacement, the Customer may request a proportional reduction in the purchase price, or the Customer may repair the defect at the Contractor’s expense, have it repaired by a third party, or—as a last resort—withdraw from the contract. The Customer may switch from one warranty right to another; however, the Customer shall bear the cost of such a switch, unless it was justified or the Contractor gave cause for it.
7.4. The Customer is required to report the defect immediately upon discovery, but no later than two months from the date of discovery. Please note, however, that you may no longer enforce your warranty rights after the two-year statute of limitations from the date of performance of the contract has expired.
7.5. Within six months of performance, there are no conditions for asserting a warranty claim other than reporting the defect, provided that the Customer verifies that the product or service was provided by the business operating the online store. However, after six months have elapsed from the date of performance, the Customer is required to prove that the defect identified by the Customer already existed at the time of performance.
8. Storage of Digital Content
8.1. For technical reasons, the Company temporarily stores copies of the digital content included in orders placed by the Customer on its own computers or those of its partners acting as data processors, and performs certain edits and modifications on them. The default storage period is 30 days, during which time the Company may, upon the Buyer’s specific request, provide the Buyer with copies of the products already created.
8.2. The Customer is entitled to request the complete deletion of their digital content stored by the Company before the default retention period expires. The Company shall comply with such a request—whether made verbally or in writing—without delay.
8.3. Upon the automatic deletion of stored content upon the expiration of the retention period, or upon the Customer’s specific request, all relevant data will become inaccessible and cannot be restored, even at the Customer’s request.
9. Liability
9.1. Unless otherwise agreed by the Parties, the Company shall not be liable for any damages that do not arise directly from its performance; in particular, it shall not be liable for lost profits or any non-pecuniary damages that the Buyer may incur.
9.2. The information contained in the Company’s prospectuses, catalogs, and other written materials is provided for informational purposes only; such materials do not constitute a written offer, and the Company assumes no liability whatsoever for their content.
9.3. The Company assumes no liability for whether the product is suitable for the Buyer’s own purposes. The Buyer is obligated to verify that the product is suitable for its intended use.
9.4. Limitation of Liability
If the Company causes damage to a Customer by breaching a contract, it shall be liable to pay damages up to the following amount—except in cases of intentional misconduct or gross negligence—
a) in the case of a sale of goods, an amount equal to five times the net purchase price of the goods;
(b) in the case of the provision of a service, where the amount of the fee payable to the Buyer for the service does not exceed the amount payable in the calendar year in which the damage occurred.
The Company shall not be liable for the payment of fees charged by other service providers as a result of a breach of contract, nor for any lost profits, incidental damages, or so-called consequential damages (e.g., penalties or liquidated damages payable by the Buyer).
The restriction on the Company described in this section is based on the fact that the prices (fees) were set by the Company in a manner commensurate with the extent of its liability, and this benefit offsets the disadvantage associated with the limitation of liability.
10. Final Provisions
10.1. The Company publishes the General Terms and Conditions for customers at the following locations:
• On the Internet, on the Company’s official napkin design and layout website (www.dev.szalvetatervezes.hu),
• at its current registered office
10.2. By placing an order for any product, the Buyer acknowledges that he or she is familiar with the provisions of the GTC, accepts them, and agrees to comply with them. A notice regarding the application of the GTC is also included in the Company’s written or electronic confirmation of every order.
10.3. The Buyer’s rights under this contract may be assigned only with the Company’s consent.
10.4. Should a legal dispute arise between the Company and the Buyer arising from performance under these General Terms and Conditions, the Parties shall—depending on jurisdiction—agree to the exclusive jurisdiction of the Tatabánya District Court, or the Tatabánya Regional Court, as the case may be.
10.5. With respect to matters not covered by these General Terms and Conditions, the applicable Hungarian laws shall govern.
10.6. The invalidity of any specific clause or provision of the General Terms and Conditions shall not affect the validity of the General Terms and Conditions as a whole.
10.7. These General Terms and Conditions shall enter into force on October 1, 2022, and shall apply to contracts entered into thereafter. These General Terms and Conditions shall remain in effect until revoked.
Tata, September 25, 2022
Gábor Ferencz, Managing Director