General Terms And Conditions
This document will not be filed, is concluded only in electronic form, is not considered as a written contract, is written in Hungarian and does not refer to a code of conduct. If you have any questions regarding the operation of the webshop, ordering or delivery process, please contact us at the given contact details.
The scope of this document (General Terms and Conditions) covers the legal relations on the Service Provider’s website (https://calendulapharmacy.com/en/).
1. Details of the Service Provider
The name of the Service Provider: Calendula Pharma Co. Ltd.
Address of the Service Provider (and place of complaint handling): 8653 Ádánd, 3 Darázsi Street, Hungary.
Contact details of the Service Provider, email address and phone number to communicate with customers: firstname.lastname@example.org, 00 36 84 357-920, available from Monday to Friday from 8.00 AM to 6.00 PM.
Company Registration Number: 05-09-007765/15
Tax ID: 23048081-2-14
Phone number: 06 84 357 920
Contract language: Hungarian
2. Core provisions
Issues not regulated by these Rules and the interpretation of these Rules shall be governed by Hungarian law, with special regard to the Act V of 2013 on the Civil Code and to Act CVIII of 2001 on certain issues of electronic commerce services and information society, furthermore the Government Decree of 45/2014 (II. 26.) about the detailed rules of the contracts between the consumer and the business. The mandatory provisions of the applicable law shall apply to the parties, without any further stipulation.
These Rules shall be effective from December 31, 2019 and shall remain in effect until revoked. The Service Provider is entitled to unilaterally amend the Rules. The Service Provider shall publish the changes on the website 11 (eleven) days prior to their entry into force. By using the website, Users agree that all regulations regarding the use of the website are automatically applicable to them.
If the User log in to the website operated by the Service Provider or read its content in any way, even if it is not a registered user of the Website, User agree to be bound by the Rules. If the User does not accept the terms, he is not entitled to view the content of the website.
The Service Provider reserves all rights regarding to the Website, or any part of it and the contents appearing on it, as well as the distribution of the website. It is prohibited to download, electronically store, process and sell the content or any part of the content available on the website without the written consent of the Service Provider.
The User is obliged to provide his or her actual data at the time of the purchase or the registration. In the case of false data is provided during the purchase or the registration, the electronic contract will be void. The Service Provider excludes its liability if the User uses its services on behalf of another person and with the data of another person.
The Service Provider shall not be liable for delivery delays or other problems or errors due to incorrect and/or inaccurate data provided by the User.
The Service Provider shall not be liable for damages resulting from the fact that the User forgets his or her password or the password becomes available to unauthorized persons for any reason not attributable to the Service Provider.
Range of products and services available for purchase
The products appeared on the website can only be ordered online. All prices of the products are in HUF, including VAT, and do not include shipping.
The Service Provider gives the name of the product, the description and photos of the products on the website.
If a promotional price is introduced, Users will be fully informed about the promotion and its exact duration by the Service Provider.
In the event that, despite all the care of the Service Provider, wrong price is visible on the website, in particular the manifestly incorrect price, for example when the price is significantly different from the well-known, generally accepted or estimated price of the product, or when the price appear to be zero or 1 HUF due to a system error, then the Service Provider shall not be obliged to deliver the product at the incorrect price, but may offer the delivery at the correct price. Knowing this information, the Customer may refuse to make the purchase.
In case of an incorrect price, there is a conspicuous value disproportion between the true and stated price of the product, which an average consumer must immediately notice. Pursuant to Act V of 2013 on the Civil Code, the contract is concluded by expressing the will of the parties in a mutual and consistent manner. If the parties are unable to agree on the terms of the contract, i.e. there is no mutual and unanimous statement of the will of the parties, then we cannot speak of a valid contract which would give rise to rights and obligations. Based on that, an order confirmed at an incorrect price shall be considered a void contract.
Adding procucts to shopping carts
The User puts the selected products in the chosen quantity to the basket. The User can view the contents of the basket at any time by clicking on the ’Basket’ icon. If the User wishes to add another product to the shopping cart, select the ’Continue shopping’ button. If you do not wish to purchase any additional product, you can check the number of product(s) you wish to purchase. Click the ’Delete’ icon to delete the contents of the cart. To change the quantity, click on the ’Refresh’ icon after entering the modified quantity. After clicking on the ’Continue to Checkout’ button, you will enter the information required for your purchase.
Mode of delivery
The User selects the shipping method and then has to click on the ’Next’ button.
The User selects the payment mode then has to click ’Next’.
You can view the order and the product details, modify the details, comment on order. By accepting the Terms and Conditions, you can submit an order by clicking the ’Order’ button.
The invoice is included in the package.
In case there is an error or deficiency in the products or prices on the webshop, we reserve the right to make corrections. In such a case, the Customer will be notified of the new data immediately upon detection and correction of the error. Then the buyer may confirm the order again or it is possible for either party to cancel the contract.
Personal pick-up: the User takes over the goods at the Service Provider’s shop and delivers them on his own means of transport.
Home delivery by courier: the Service Provider dispatches the goods to the address given by the User with with the contracted courier service.
6. Payment methods
Cash: If the User chooses to pay at the time of receipt of the goods, the User shall pay the purchase price of the Product in cash at the Service Provider’s shop.
Cash on delivery: If the ordered product is delivered by courier service, it is possible for the User to pay the courier the total amount of the order in cash upon receipt of the ordered product(s).
Wire trasnfer: The User shall transfer the value of the ordered products to the bank account given in the confirmation email within 2 days. After crediting the Service Provider’s bank account, the User is entitled to receive the product(s) in the manner specified by the User. After the amount has been credited, the goods can be given to the User at the Service Provider’s shop. In case of home delivery, the goods will be shipped within 2-3 business days after the amount is credited.
7. Processing and fulfillment of the orders
Orders are processed during business hours. It is also possible to place an order outside the times indicated on the order processing, if it occurs after the end of working hours, it will be processed on the next working day thereafter. In any case, the Service Provider’s customer service will confirm electronically when they will be able to fulfill your order. Any online discounts will be deducted from your order on your invoice.
General due date is within 5 business days after confirmation. If the Service Provider and the User have not agreed on the date of fulfillment, the Service Provider shall be obliged to perform the contract according to the contract at the time or within the time specified by the User, or, in the absence thereof, not later than thirty days from the receipt of the order.
If the Service Provider fails to fulfill its contractual obligations because the product specified in the contract is unavailable, Service Provide shall immediately inform the User about it and refund the amount paid by the User without any delay, but within thirty days at the latest.
Service Provider shall not be liable for any changes in technical specifications caused by the supplier without prior notice from the supplier or for any reasons beyond the Service Provider’s control. Service Provider reserves the right to reject orders that have already been confirmed, in whole or in part. Partial fulfillment can only take place after consultation with the User.
The User is obliged to inspect the package upon delivery in the presence of the courier, and in case of any damage on the products or the packaging, he shall request the courier for creating a record about it, and in case of damage he is not obliged to take over the package. The Service Provider will not accept any subsequent complaints without written record. Parcels are delivered on business days between 8 AM and 5 PM. Complaints regarding quantity discrepancies will be accepted within 2 business days of receiving the package.
8. Right of withdrawal
Under the Directive 2011/83/E of the European Parliament and the Council, and the Government decree 45/2014 (II.26.) on the detailed rules of consumer and business contracts, the Consumer can withdraw from the contract without giving any reason within 14 days of receipt of the ordered product and can return the ordered product.
The Customer can exercise the right of withdrawal by completing the Notice of Withdrawal, then sending it to the Service Provider by e-mail or making a clear statement of withdrawal.
The cost of returning the product shall be borne by the consumer but the company (Service Provider) shall not bear this cost.
In case of exercising the right of withdrawal, the Consumer will not be charged any cost other than the cost of returning the product, however, the Service Provider may claim compensation for material damage resulting from improper use of the product.
The Consumer can not exercise his right of withdrawal:
In the case of a contract for the provision of a service, after the completion of the service, if the business has started to fulfill the service with the consumer’s prior consent, and the consumer acknowledged that he loses his right of cancellation after the service has been performed in its entirety.
In case of sealed product which cannot be returned after opening for health or hygiene reasons.
In case of a consumer’s written withdrawal, it is sufficient to send the withdrawal statement within 14 days.
The Consumer is obliged to return the goods without undue delay, but not later than 14 days after sending the notice of cancellation to the Service Provider or to the address of the Service Provider.
Under the legislation mentioned above, the Service Provider will refund the amount to the Consumer including the shipping cost, immediately or not later than 14 days upon receipt of the product or receipt of the notice of cancellation.
The refund will be taken on the same payment method used in the original transaction, unless the Customer explicitly consents to another payment method; the consumer will not be charged any additional cost as a result of the chosen refund method. The Consumer will comply with the deadline if he returns the product(s) before the end of the 14-day period.
The Consumer shall bear only the cost of returning the product, unless the Service Provider has undertaken to bear this cost.
The Service Provider shall not be obliged to reimburse the additional cost incurred by the Customer for choosing a mode of transport other than the cheapest standard mode of transport offered by the Service Provider.
The Consumer shall only be liable for any diminished value of the goods which results from improper treatment to determine the nature, characteristics and functioning of the goods.
The refund will be withheld by the Service Provider until the product(s) have been returned and arrived or the Consumer has provided proof that they have been returned: whichever is earlier.
If the Consumer would like to exercise his/her right of withdrawal, he/she may indicate this by contacting the Service Provider in written form or by telephone. In case of a written notification by post, the time of posting shall be taken into account, in case of a telephone call, the time of the call shall be taken into account. In case of postal notification, the Service Provider shall accept recommended item or package. Customer can return the ordered product by post or courier to the Service Provider.
The Consumer must pay particular attention to the proper use of the product, as the Consumer is liable for any damage caused by improper use. Within fourteen days after the return of the product, the Service Provider shall refund the purchase price of the product to the bank account number specified by the Consumer together with the shipping cost.
The Consumer may also contact the Service Provider with any other complaints at the contact details given in this Policy.
The right of withdrawal applies only to Users who are considered as consumers under the Civil Code.
The right of withdrawal does not apply to companies, that is to say, a person acting on behalf of his/her profession, self-employment or business.