Danuba Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (Ltd.)
2000 Szentendre, Kovács László utca 57.
Cg. 13-09-175759

General terms and conditions

Preambulum

The present General Terms and Conditions (hereinafter referred to as the “GTC”) are concluded between Danuba Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (registered office: 2000 Szentendre, Kovács László utca 57.; company registration number: 13-09-175759; tax number: 14401301213) as seller (hereinafter referred to as the “Seller”) and the website https://danubagarden.hu/webshop (hereinafter referred to as the “Webshop”), hereinafter referred to as the “Buyer” or, in singular, the “Purchaser”).

The Seller sells products (hereinafter referred to as the “Products” or, in some cases, the “Product”) to the Buyer through the Webshop, under a contract for the sale of a specific item, by type and quantity, for a specified period of time. The legal relationship of the parties shall be governed by the provisions of Section 6:231 of Act V of 2013 on the Civil Code (hereinafter referred to as “Civil Code”) in matters not regulated in the contract (including the content of these GTC). In the case of contracts concluded via the Webshop, the rules on electronic contracting shall also apply. If the Buyer qualifies as a consumer under the legislation in force, the rules of the Government Decree No. 45/2014 (II.26.) shall also apply to the contract of the parties.

The operation of the Webshop requires the authorisation of Internet cookie files. The Webshop’s database is on a server password and firewall-protected interface. The content of the Webshop is accessible via modern desktop and mobile browsers (latest versions of Firefox, Opera, Chrome, Safari, Explorer).

1. Pre-contractual information

1.1. Seller Data

Name: Danuba Trade and Service Company Limited Liability Company Registered office: 2000 Szentendre, Kovács László utca 57.
Branch office: HU-2615 Csővár, Mikszáth utca 3/A
Company registration number: 13-09-175759

Tax identification number: 14401301-2-13
Court of registration: the Commercial Court of the Budapest District Court Phone: +36 30 861 7498
E-mail: kapcsolat@danuba.hu
URL: http://www.danuba.hu

1.2 The Buyer has the right to send his/her complaints to the Seller’s customer service by post addressed to the Seller’s head office and by e-mail to ugyfelszolgalat@danuba.hu. The Seller shall investigate the objections and complaints reported to the customer service within two working days from the date of notification and shall notify the Buyer of the result of the investigation without delay.

The Seller informs the Buyer that the fee for the use of a means of remote communication (e.g. telephone) used for the conclusion of the contract for the handling of complaints and objections is not considered to be an increased fee.

1.3 The Seller shall handle the Customer’s complaints and claims in accordance with the provisions of Act CLV of 1997 on Consumer Protection.

1.4 The Seller identifies the Buyer by means of the data provided during the ordering process in the case of registration as described in Chapter 2 of these GTC or in the case of purchase without registration.

1.5 The language of the contract between the Seller and the Buyer is Hungarian. The contract does not constitute a written contract; it is not filed by the Seller, and therefore, it is not accessible and cannot be consulted afterwards.

2. Registration

2.1 The Customer can register in the Webshop by clicking on the “Registration” button. The purpose of registration is to enable the Seller to identify the Buyer and to deliver the ordered Products to him.

2.2 The Customer may make purchases in the Webshop with or without registration by domestic private individuals, companies with a domestic tax number and foreign private individuals. In the case of a purchase without registration, the Customer must provide his billing and shipping details when placing the order. The advantage of registration is that the Customer does not need to re-enter his details for a subsequent purchase, he only needs to confirm them.

2.3 The Customer is required to provide the following information during registration:

E-mail address;
Password;
Name;
Address/Place of residence;
Tax number;
Billing information (if different from the name and address provided);
Delivery address (if different from the Address/Place of residence);
Telephone number (to contact us for ordering or delivery).
2.4 Any statements sent by the Seller to the e-mail address provided by the Buyer shall be deemed to be legally binding.
2.5 The name and address/place of residence of the Seller are required due to the Seller’s obligation to issue invoices in accordance with the provisions of Act CXXVII of 2007 on

Value Added Tax (hereinafter referred to as the “VAT Act”). To this end, the Buyer shall provide its data in accordance with the truth – in the case of a legal entity, the data in the register applicable to it – and shall notify the Seller of any changes to its data without delay, but no later than fifteen (15) days from the date of the change. The last time the invoice details may be amended is when the order is placed.

2.6 The Seller excludes any liability for any damage resulting from the provision of incorrect, erroneous or false data during registration, but may claim compensation from the Buyer for any damage incurred in this respect. The Buyer may check and modify his data at any time. In case of doubt, the Seller is entitled to verify the accuracy of the Buyer’s data.

2.7 If the Buyer is registered as a legal entity, sole proprietor, sole proprietorship or branch office of a foreign company in Hungary, the Seller is entitled to retrieve the data concerning the name of the legal entity from the Internet and other publicly available registers, to compare them with the data provided by the Buyer during registration, to send a notification of registration to the electronic contact address of the legal entity in the register.

2.8 The Seller reserves the right to reject the Buyer’s registration, in particular in case of false or incomplete data or any suspected misuse of the data provided during registration.

2.9 The Seller will ask the Buyer for a password during registration, thus preventing unauthorised third parties from accessing the Buyer’s data or making statements on the Buyer’s behalf. The Seller reserves the right to determine the minimum length and complexity of the password in its IT system. It is the responsibility of the Buyer to provide a secure password and to keep his password confidential. The password provided by the Buyer shall be stored encrypted on a server operated by the Seller.

2.10. An e-mail address can only be entered once, therefore registration will fail if the same e- mail address already exists.

2.11. The Customer accepts these GTC and the Seller’s Privacy and Data Protection Policy as binding for him/herself by clicking on the registration form as a final step.

2.12. If the Customer’s registration is accepted by the system, the Customer will receive a message to the e-mail address provided, in which the Seller will inform the Customer about the successful registration and how to activate the registration. The activation of the registration is possible by clicking on the link indicated in the e-mail, which the Seller will maintain for 48 hours from the sending of the e-mail. If the registration is not activated within this period, the Seller will delete the registration created.

2.13. If the Customer has successfully activated its registration, it can access the Webshop by entering its e-mail address and password, which can be used to place orders for the Products as set out in Chapter 3 of these GTC.

2.14. The data provided during registration are not public and are not accessible to third parties.

2.15. In the event of loss or forgetting of the password, the Seller shall reproduce or modify it at the request of the Buyer. In this case, by entering the e-mail address provided at registration, the system will automatically send a new password to the Buyer at the e-mail

address provided, which will enable the Buyer to access the Webshop. After logging in with the password sent by the Seller, the Buyer is obliged to change his password immediately.

2.16. The Buyer acknowledges that if he/she is under 18 years of age, the consent of his/her legal representative is required for the registration and the conclusion of the contract under these GTC. The Seller shall not be liable for any damages or adverse legal consequences resulting from the failure to obtain the consent of such legal representative.

2.17. The Customer has the right to cancel his/her registration at any time. In such case, the Customer may notify the Seller of his/her wish to delete the registration by clicking on the “Delete Profile” button, without obligation to state the reasons, and the Seller shall immediately delete the Customer’s registration. Before the actual deletion of the Customer’s registration, the Seller will send a confirmation e-mail to the Customer and will only carry out the deletion if the Customer has also sent an affirmative reply to the confirmation e-mail. The Buyer acknowledges that in the event of cancellation of his registration, all his data and orders recorded on the Webshop will be permanently deleted in a non-recoverable manner.

2.18. The already registered Customer can log in to his/her account and start browsing and shopping by clicking on the “My Account” button at the top of the Webshop.

3. Conclusion of the contract
3.1 The Seller publishes a call for tenders via the Webshop. The Seller shall include in its

invitation to tender:

the Product name,
detailed description/product specification of the Product,
the selling price of the Product,
the Product stock information,
a limit on the availability of the Product (e.g. quantity limit, weight limit or limit on
stock); and
a Product presentation
3.2 The Seller shall provide detailed information on the essential characteristics of the Product under the contract by clicking directly on the Product in the description of the Product via the Webshop. The Seller draws attention to the fact that the pictures shown next to the Product are illustrations in some places, and the Seller shall not be liable for any deviations from them.
3.3 Information published in the Webshop, including the invitation to tender published by the Seller, does not constitute an offer to conclude a contract. The Buyer shall therefore be deemed to be the bidder for orders placed in the Webshop.
3.4. for the Buyer to place his order:

or on the corresponding Product Category page,
or by using the search results in the Webshop search engine you must select the Product requested.

3.5 If you wish to purchase the Product, you must then fill in the “Quantity” input field and click on the “Add to Cart” button. This will add the desired quantity of the Product to the Buyer’s basket.

3.6 In the “Cart” field on the right side of the interface, the Customer can always keep track of the currently selected Products and their quantity.

3.7 If the Buyer wishes to change the quantity of the Product, he may change the quantity in the “Quantity” input field.

3.8 The Buyer can delete the selected Product from the shopping cart by clicking on the “Remove” button at the end of the line.

3.9 When the Customer has finished selecting Products and filling the basket, he/she clicks on the “Order” button and arrives at the checkout.

3.10. If the Customer is logged in to the Webshop on the basis of his/her previous registration, his/her data will automatically be displayed, he/she only needs to confirm the data already provided. Customers who are not yet registered must enter their billing and shipping details by filling in the pop-up fields. The Seller shall not be liable for any delivery delays or any other problems or errors caused by the Buyer’s incorrect and/or inaccurate billing and delivery details.

3.11. The Buyer may confirm his order by clicking on the “Submit Order” button, which sends an offer to the Seller to conclude a contract for the selected Product(s). To place an order, the Customer must click on the GTC and then tick the box next to the GTC, whereby the Customer declares that he has read and accepted the contents of the GTC. By accepting the GTC, the Buyer acknowledges that the Seller has provided him with the mandatory legal information – in particular, in the case of consumers, the information resulting from Government Decree 45/2014 (26.II.26.), which is contained in Chapter 7 of these GTC – prior to the conclusion of the contract.

3.12. The Buyer acknowledges that clicking on the “Submit Order” button constitutes an offer to purchase and its acceptance by the Seller shall entail the payment obligation of the Buyer. Until the Seller’s declaration, the Buyer shall be bound by the provisions of the Civil Code. 6:64 of the Sales Contract.

3.13. The Seller’s “Confirmation of Order” shall not be deemed to be an acceptance of the Buyer’s offer. The Seller thereby indicates to the Buyer that its IT system has accepted the Buyer’s offer and has started to process it. Orders are processed on weekdays during opening hours (8 a.m. to 4 p.m.). On weekends and public holidays, both the processing of orders and the delivery of the ordered Products are suspended. The “Order Confirmation” sent by the Seller may not be received by the Buyer. The Seller requests the Buyer to contact the Seller in such a case, as the non-delivery of the confirmation may be caused by an incorrect e-mail address provided by the Buyer, a full storage space in the Buyer’s mailbox or even a system failure.

3.14. If the Seller does not accept the order within 72 hours from the date of receipt by the Buyer of the “Confirmation of Order”, excluding any weekends and public holidays, as described above, the Buyer shall be released from the obligation to make an offer.

3.15. If the Seller has accepted the Buyer’s offer, the Seller will send an e-mail with the subject “Acceptance of Order” to the e-mail address provided by the Buyer at the time of registration.

3.16. Upon acceptance of the Buyer’s offer as set out above, the contract shall be concluded with the contents set out in the order. The contract thus concluded shall be deemed to be valid, effective and authentic by the parties, and neither party may plead invalidity on the grounds of lack of writing.

3.17. In view of the nature of the Products offered in the Webshop, the Seller reserves the right to reject the Buyer’s offer or parts thereof (e.g. if the ordered Product is incomplete). The Seller will notify the Buyer of the rejection of the offer at the e-mail address provided. In case of rejection of the offer or parts thereof, the Buyer has the right to withdraw from the order.

3.18. The Buyer may modify or withdraw his offer only until the receipt of the “Accept Order” declaration to his e-mail address by clicking on the “Modify Order” or “Withdraw Order” button under “My Orders”.

3.19. At any stage of the order and until the order is sent to the Seller, the Buyer has the possibility to correct data entry errors at any time by clicking on the “Back” button in the order interface (e.g. deleting a Product from the basket by clicking on the “X” button, changing the quantity of a Product by entering the exact number of items, changing the delivery details, etc.).

3.20. The date of the conclusion of the contract is the date of the Seller’s declaration of “Acceptance of Order” becoming available in the Buyer’s e-mail account.

3.21. The place of conclusion of the contract is the place of residence or registered office of the Customer, indicated during registration or ordering.

3.22. The Seller does not use contracts of indefinite duration or contracts involving a subscription.

4. Purchase price and payment terms

4.1 The purchase price of the Product shall be the purchase price set out in the Seller’s invitation to tender and specified in the purchase order (hereinafter the “Purchase Price”), which the Buyer shall pay to the Seller as detailed below.

4.2 The Purchase Price shall be determined in HUF and shall include the value-added tax applicable on the day of performance. However, it shall not include the costs of delivery and unloading of the Product, which shall be indicated separately in the order.

4.3 The prices indicated in the Webshop are indicative. The Seller reserves the right to unilaterally modify the Products and their Purchase Price indicated in the Webshop at any time, in particular, if this is due to exchange rate changes or other reasons not known at the time of the conclusion of the contract. The Seller shall have the sole right to determine the justification for any Product or price change at its sole discretion.

4.4 The Seller shall provide detailed information on the total amount of the consideration for the Product under the contract, plus tax, by clicking directly on the Product and on all additional costs (in particular freight or postage) in the document entitled “Terms of Delivery” available on the website.

4.5 The Buyer shall select the payment method for the Purchase Price of the Products in the order from the following:

by cash or credit card, with cash on delivery to the courier;
prepayment by credit card.
4.6 By choosing bank transfer, the Buyer undertakes to pay the amount corresponding to the total Purchase Price of the Product ordered by bank transfer to the bank account of the Seller indicated in the “Acceptance of Order” declaration. The Seller shall issue an invoice in accordance with the rules of the VAT Act on the day of crediting the Purchase Price to the Buyer’s account, which shall be sent to the Buyer by e-mail. The invoice will be issued to the name (company name) and address indicated in the Buyer’s registration and order, and these details of the invoice cannot be subsequently modified.
4.7 The Parties agree that the Product shall remain the property of the Seller until payment of the Purchase Price.
4.8 The Seller may refuse to perform the contract if, after its conclusion, a material change in the Buyer’s circumstances has occurred or has become known to the Seller which jeopardises the payment of the Purchase Price and, therefore, the Seller cannot be expected to perform the contract on the original payment terms.
4.9 Unless otherwise agreed, the Buyer, who is not a consumer, shall not be entitled to set off any claim against the Seller against the Purchase Price or to defer payment of the Purchase Price on the grounds that he has a counterclaim against the Seller for any reason whatsoever.
4.10. If the sales price stated in the Webshop is incorrectly indicated, in particular, but not exclusively, due to a typographical error or an IT error, the Seller may withdraw from the contract without notice even upon receipt by the Buyer of the “Acceptance of Order” declaration. The Seller shall inform the Buyer thereof without delay. The Seller shall reimburse the purchase price paid for the Product ordered in this way within 48 hours of sending the notification of refusal to perform the contract. The Seller shall not be obliged to prove the mistake if the price indicated in the Webshop is more than 20% lower than the market price of other similar (competing) products at the time.
4.11. Payment of the Purchase Price of the Product in instalments is not possible.
4.12. The Seller does not require the Buyer to provide a deposit or other financial security.
4.13. Online credit card payments are made through the Barion system. Credit card details are not passed to the merchant. The service provider Barion Payment Zrt. is an institution supervised by the National Bank of Hungary, licence number H-EN-I-1064/2013.
5. Handover-Receipt

5.1 In case of an order for a Product, the Customer is obliged to specify the method of delivery. The take-over can be:

• with home delivery.

5.2 The Seller shall deliver the Products to the Buyer by using a subcontractor for logistics and storage. The subcontractor engaged by the Seller is iLogistic Ltd, who will carry out the delivery through the courier services contracted with it.

5.3 The Seller shall provide information on the expected time of receipt and delivery of the Products in the declaration of “Acceptance of Order”. The Seller will endeavour to deliver the Products to the Buyer within this period, but due to its dependence on the logistics service provider it uses, the Seller is contractually obliged to deliver the Products within 14 days of the last day of the period specified as the information. The Seller shall not be liable for any delay in delivery or for any damage resulting from such delay in relation to the indicative delivery period.

5.4 The Seller reserves the right of advance delivery and partial delivery (performance) for each individual contract.

5.5 If the delivery of the ordered Product takes place at the place indicated by the Buyer, the delivery of the ordered Product shall be carried out by the Seller through the use of a logistics subcontractor. In this case, the Buyer shall also be liable for the costs of delivery and unloading of the Product. The cost of delivery and unloading of the Product shall be indicated at the time of ordering.

5.6 After processing the order, the logistics company acting on behalf of the Seller shall inform the Buyer by telephone or e-mail about the status of the ordered Product and its expected delivery time. The same provision shall also apply to Products not in stock or delivered expressly on order. The Buyer shall notify the Seller in writing no later than 48 hours before the delivery date if he requests delivery of the Product to an address other than the delivery address specified in the order.

5.7 The delivery address of the Products shall be an address within the borders of Hungary only.

5.8 The rate of delivery costs varies depending on the Product ordered and the delivery address, as well as the current price list of the logistics service provider providing the transport.

5.9 If the Seller has undertaken to deliver orders up to a certain value limit free of charge and the Buyer receives several orders on the same day, these orders will be taken into account separately for the delivery charge and only orders exceeding the value that ensures free delivery will be delivered free of charge. If the Buyer places several orders on the same day and, when placing the second or further order, indicates to the Seller that he wishes to combine the orders and this is still possible on the basis of the Seller’s feedback, the Seller may combine the orders, but no subsequent combination of packages already started is possible.

5.10. The Buyer is obliged to accept the Product at the delivery time specified by the Seller. If the Buyer is not at the delivery address at the time indicated by the courier and the delivery fails, the courier or a Seller’s representative will leave a notice at the delivery address. Using the number on the notice, the Buyer can contact the courier or the Seller to arrange a new delivery address and time. The courier or the Seller will attempt to deliver the ordered Product once more. The courier or the Seller shall attempt delivery twice in total, but if the second delivery fails for reasons attributable to the Buyer, the courier shall return the Product to the Seller, who shall be entitled to withdraw from the contract and cancel the order, and to sell the Product to another party, with the costs of carriage being charged to the Buyer.

5.11. The Seller shall consider the person entrusted with the acceptance of the Product as the Buyer’s representative appointed for this task, who, in addition to the acceptance of the Product, is also entitled to make legal declarations in connection with the transfer of the delivery.

5.12. In the case of delivery of palletised or bulk Products or other large, heavy or difficult to transport Products, the Customer shall provide the necessary means and other conditions for unloading (e.g. forklift truck). If the necessary conditions for unloading are not available, or if unloading cannot be started within two hours due to other reasons in the Buyer’s interest, the Seller shall charge a waiting fee of HUF 30,000, i.e. HUF 30,000 for each hour started, for the waiting time exceeding two hours.

5.13. At the time of taking over the Product, the Buyer shall be obliged to make any quality or quantity complaints regarding the Product taken over, which may be detected by visual inspection at the time of taking over, and to compare the Product taken over with the items on the invoice and to notify any discrepancies. The Parties shall, after taking over the Goods, consider the items on the invoice to have been delivered in full, provided that the Buyer has not raised any objections. If the defect is not detectable at the time of acceptance, the Buyer shall notify the Seller immediately but no later than three working days after the defect is discovered. The Seller shall not be liable for any costs and damages, and other losses resulting from the failure to meet the deadline, and the Buyer shall bear them.

5.14. In the case of Products delivered by home delivery, the Customer acknowledges by signing the waybill, delivery note or receipt that the Product received is in conformity with the order, both externally and in terms of its contents (no defects in the contents of the package, no damage to the packaging or the Product).

5.15. If the Buyer notices any damage to the Product or its packaging upon receipt, a report of the damage shall be requested in the presence of the person who made the delivery and the Buyer shall not be obliged to take delivery of the Product. If the packaging or the Product is visibly damaged at the time of acceptance and the damage occurred prior to acceptance of the Goods, the Seller shall take back the Product free of charge.

5.16. The Buyer shall not be entitled to use the Product which is defective in quantity or quality until the inspection has been carried out. The Seller shall not be liable for any costs and damages and other disadvantages resulting from the use of the Product before the inspection, which shall be borne by the Buyer.

5.17. The Buyer may not refuse to take delivery of a Product whose manufacturer’s warranty period has not expired at the time of acceptance.

5.18. In the event of a minor defect that does not prevent the proper use of the delivered Product, the Buyer shall not be entitled to refuse to accept the Product or, on the same basis, to refuse to pay the purchase price of the Product.

5.19. Upon receipt of the Product, the risk of damage to the Product shall pass from the Seller or any person involved in the performance on the Seller’s side to the Buyer.

6. Right of withdrawal

6.1 If the Seller is unable to perform the contract because the Product ordered by the Buyer is not available and cannot be obtained, the Seller shall immediately inform the Buyer of this fact, in which case the Buyer may withdraw from the contract. If the Buyer has in this case already paid the Purchase Price for the Product, the Seller shall refund the corresponding amount within 48 hours of the notification. In this case, the Seller may offer the Buyer a substitute Product at the same time as the notification, which shall constitute a new offer.

6.2 The Seller shall be released from his contractual obligations if, due to circumstances beyond his control and unforeseeable at the time of the conclusion of the contract, including technical defects or other reasons occurring during production, performance is impossible or only possible with a substantial delay. Nor shall it be a breach of contract on the part of the seller if, owing to a technical defect in manufacture or for any other reason, performance is impossible or can be performed only with substantial delay.

6.3 In case of breach of contract by the Buyer, the Seller is entitled to withdraw from the contract, subject to the charges and costs to which the Seller is entitled until withdrawal.

7. Specific provisions for consumers

7.1 The Buyer is a consumer if he is a natural person acting outside the scope of his profession, self-employment or business activity. The Seller draws the Buyer’s attention to the fact that the provision of a tax number (self-employed, entrepreneur, company) for the purpose of issuing an invoice when placing an order excludes the application of the special rules applicable to consumers.

7.2 The Parties stipulate that if the Customer is a consumer under the applicable legislation, the Customer shall have the right to withdraw from the contract without giving any reason within the period specified in clause 7.3 of these GTC, under the conditions set out in clauses 7.4 to 7.19. The Buyer acknowledges that, if he is not a consumer, he shall not have the right of withdrawal provided for in this Chapter.

7.3 The right of withdrawal of the Consumer in the case of a contract for the sale of the Product

the Product, or, in the case of multiple Products, if each Product is supplied at a different time, the last Product supplied,
in case of a Product consisting of several lots or pieces, the last lot or piece delivered,
if the Product is to be provided on a regular basis within a specified period, the first
service,

within fourteen days of the date of receipt by the consumer or a third party other than the carrier and indicated by the consumer.

7.4 The right of withdrawal shall be deemed to have been exercised by the Seller in due time if the Buyer, who is a consumer, sends his declaration before the expiry of the aforementioned deadline. The burden of proof shall be on the Consumer Buyer.

7.5 The Seller stipulates that in the event of the exercise of the right of withdrawal by the Consumer Buyer, the cost of returning the Product shall be borne by the Consumer Buyer, as the Seller does not assume the cost of returning the Product.

7.6 The Seller also stipulates that the Product cannot be returned by post in the event of the exercise of the right of withdrawal by the Buyer who is a consumer.

7.7 The Customer, who is a consumer, may exercise his right of withdrawal by using the model declaration in Annex 2 of Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses or by means of a clear declaration to this effect. The Customer who is a consumer can also find the recommended model of the declaration of withdrawal on the Webshop. The use of a text other than the recommended model does not mean that the withdrawal is invalid. The Seller shall consider the withdrawal valid if the intention to withdraw is clear and unambiguous from the declaration of the Consumer Buyer and the Product, by its nature, allows for withdrawal.

7.8. A Consumer Buyer may not exercise his right of withdrawal

in respect of a Product whose price or price is subject to fluctuations in the financial market which are beyond the Seller’s control and which may occur within a period of 14 days;
in the case of a Product which is not prefabricated and which has been manufactured on the instructions or at the express request of a Consumer Buyer or a Product which is clearly personalised for a Consumer Buyer;
perishable or short-lived Product;
for sealed Products which cannot be returned after opening after delivery for health or
hygiene reasons;
in respect of a Product which, by its nature, is inseparably mixed with other products after delivery; and
in other cases specified in Government Decree 45/2014 (II.26.).
7.9 If the Consumer Buyer withdraws from the contract as set out above, the Seller shall reimburse the total amount paid by the Consumer Buyer as consideration, including the costs incurred in connection with the performance, without delay, but no later than fourteen days after becoming aware of the withdrawal.
7.10. In the event of withdrawal, the Seller will refund the amount refunded to the Consumer Buyer in the same way as the payment method used by the Consumer Buyer. Subject to the

express consent of the Consumer Buyer, the Seller may use another method of payment for the refund, but the Consumer Buyer shall not be charged any additional fee as a result.

7.11. If the Buyer, being a consumer, withdraws from the contract as defined above, he/she shall return the Product immediately, but not later than fourteen days from the date of withdrawal, or hand it over to the Seller or to a person authorised by the Seller to take delivery of the Product, unless the Seller has agreed to return the Product himself/herself.

7.12. If the Consumer Buyer does not include all the items originally delivered to him in the Product returned to the Seller due to withdrawal, the Seller reserves the right to charge the Consumer Buyer for the missing items, and, if the item concerned is a component part, the Parties shall consider that the Consumer Buyer is unable to fulfil its obligation to return the item resulting from the withdrawal and shall therefore be obliged to perform the contract as originally agreed (repay the purchase price returned or waive the claim for the purchase price not repaid).

7.13. The return is deemed to have been completed on time if the Buyer, who is a consumer, sends the Product before the deadline.

7.14. The Seller may withhold the Purchase Price and the costs incurred in connection with the performance until the Buyer, being a consumer, has returned the Product or has proved beyond reasonable doubt that he has returned it (whichever is the earlier). The Seller shall not have the right of retention if he has undertaken to return the Product himself.

7.15. The Buyer who is a consumer shall bear only the direct cost of returning the Product.

7.16. The Buyer, who is a consumer, is liable for depreciation resulting from use beyond the use necessary to determine the nature, characteristics and functioning of the Product.

7.17. The Buyer as a consumer is liable for damages resulting from improper use of the Product, in which case the Seller is not obliged to refund the purchase price of the Product.

7.18. If it is not possible to withdraw from the contract for a Product due to its nature, the Seller shall indicate this separately in the Product description.

7.19. Unless otherwise agreed by the Parties, the Seller shall make the Product available (deliver) to the Buyer, who is a consumer, without delay after the conclusion of the contract, but no later than within thirty days. In the event of a delay on the part of the Seller, the Consumer Buyer shall be entitled to set a grace period. If the Seller does not perform within the grace period, the Consumer Buyer shall be entitled to withdraw from the contract. The Consumer Buyer shall be entitled to withdraw from the contract without notice if the Seller has refused to perform the contract; or the contract should have been performed at the time agreed by the parties for performance and not at any other time.

7.20. The Seller has provided the following information to the Buyer, who is a consumer, on the warranty of accessories, product warranty and guarantee before the conclusion of the contract:

1. Accessories warranty

In which cases can you exercise your right to a warranty?

In the event of defective performance by the Seller, you can claim against the company under the rules of the Civil Code.

What rights do you have under a warranty claim?

You may – at your option – make the following warranty claims:

You can ask for a repair or replacement, unless one of these is impossible or would impose disproportionate extra costs on the business compared to another request. If you did not or could not ask for the repair or replacement, you can ask for a proportionate reduction in the price or you can have the defect repaired or replaced by another party at the expense of the undertaking or, as a last resort, you can withdraw from the contract.

You can switch from one warranty right to another, but you will bear the cost of the switch unless it was justified or the business gave a reason for it.

What is the time limit for you to claim your warranty?

You must notify us of the defect as soon as you discover it, but no later than two months after the defect is discovered. However, you should note that you cannot claim any rights under a guarantee beyond the two-year limitation period from the date of performance of the contract. In the case of second-hand goods, this period shall not exceed one year.

Who can you claim against?

You may assert a warranty claim against the Seller.

What are the other conditions for enforcing your rights under the warranty?

Within six months from the date of performance, your right to claim under the accessories warranty is subject to the condition that you prove that the product was provided by the Seller, in addition to the notification of the defect or, if the Seller disputes the existence of the defect, the proof of the defect. In such a case, the Seller will be relieved of his obligation to provide a replacement if he proves that the cause of the defect arose after performance. However, after six months from the date of performance, you will have the burden of proving that the defect which you discovered existed at the time of performance.

2. Product Warranty

In which cases can you exercise your right to a product guarantee?

In the event of a defect in a movable item (product), you may, at your option, exercise your right to claim under the accessories warranty set out in point 1 or under the product warranty.

What rights do you have under a product warranty claim?

As a product warranty claim, you can only ask for the defective product to be repaired or replaced.

In which cases is the product considered defective?

A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.

What is the deadline for you to claim under the product warranty?

You have two years from the date on which the product was placed on the market by the manufacturer to make a product warranty claim. After this period, you lose this right.

Against whom and under what other conditions can you enforce your product warranty claim?

You can only exercise your right to claim under a product warranty against the manufacturer or distributor of the movable item. You must prove that the product is defective in order to make a product warranty claim.

In which cases is the manufacturer (distributor) exempted from its product warranty obligation?

The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:

– manufactured or marketed the product for purposes other than its business, or

– the defect was not detectable according to the state of science and technology at the time it was placed on the market, or

– the defect in the product results from the application of a legal or regulatory requirement. The manufacturer (distributor) only needs to prove one reason for exemption.

You may not assert a warranty claim for accessories and a product warranty claim for the same defect at the same time. However, if your product warranty claim is successful, you may assert your accessory warranty claim against the manufacturer for the replaced product or repaired part.

3. Good standing
Products sold by the Seller are not covered by any warranty.

8. Liability and Warranty

8.1 The Buyer shall comply with the product description and instructions for use of the Products as published in the Webshop and on the labels and packaging of the Products. The Seller shall not be liable for any consequences arising from failure to do so.

8.2.The shelf life of the Product sold by the Seller is the shelf life from the date of manufacture as stated by the manufacturer, during which period the Seller warrants that the Product can be used safely, in compliance with the applicable storage and handling rules, and

that during this period – if used as intended, in accordance with the Product’s description and in compliance with any applicable legal requirements – it does not pose any risk to the user or the environment.

8.3 The Seller shall not be liable for any damages that do not directly result from its performance, in particular for loss of profit or for any non-material damage that the Buyer may suffer.

8.4 The Seller shall not be liable for the suitability of the Product for the Buyer’s own use. The Buyer is responsible for verifying that the Product is suitable for its own use.

8.5 The Seller excludes any liability for damages caused to the Buyer or third parties by negligence. Seller’s liability for damages shall otherwise be limited to the purchase price of the Product. Seller shall not be liable for any general or indirect damage, including loss of profit, suffered by Buyer or any other person. The exclusions and limitations in this paragraph shall not apply to Buyers who are consumers.

8.6 The information about the warranty of accessories, product warranty and guarantee is part of these GTC and the Customer can find it on the Webshop’s interface.

8.7 The Buyer shall be entitled to a warranty if the Seller has undertaken a specific obligation to do so, or if the Seller is legally obliged to do so, with the content specified in the warranty ticket or as provided for by law.

8.8 The Buyer may use the Webshop and its interface solely at his/her own risk and accepts that the Seller shall not be liable for any material or non-material damage arising from the use of the Webshop, other than for intentional breach of contract, or for damage to human life, limb or health.

8.9 The Seller excludes all liability for the conduct of the users of the Webshop.

8.10. The Buyer shall ensure that the use of the Webshop does not infringe the rights of third parties or the law, either directly or indirectly. The Buyer shall be fully and exclusively responsible for its own conduct, and the Seller shall cooperate fully with the competent authorities in such a case in order to detect any infringements. The Seller shall have the right, but not the obligation, to monitor any content that the Buyer may make available through the use of the Webshop and the Seller shall have the right, but not the obligation, to look for indications of illegal activity in respect of the content posted.

8.11. The Webshop may contain links to other providers’ sites. The Seller is not responsible for the privacy practices or other activities of such service providers.

8.12. Due to the global nature of the Internet, the Customer accepts that when using the Webshop, it is obliged to comply with the provisions of the applicable national legislation. To the extent that any activity related to the use of the Webshop is not permitted under the laws of the Buyer’s country, the Buyer shall be solely responsible for such use.

8.13. If the Customer notices any objectionable content on the Webshop, he/she shall immediately notify the Seller. If the Seller, in the course of its good faith conduct, finds the report to be justified, it shall be entitled to delete the information or to amend it without delay.

9. Data conservancy and copyright
9.1 The detailed rules on the Seller’s data protection and data management are set out in a

separate Privacy and Data Management Policy, which the Buyer can access at the link below: http://www.danuba.hu/adatvedelem

9.2 Data processing within the framework of the order shall be carried out in respect of your obligation to fulfil the order until its completion. The Seller shall transmit the following personal data necessary for the fulfilment of the order to the logistics subcontractor:

• name
– address

– telephone number
– e-mail address
– exact content of the order – amount of the order

9.3 The entire interface of the Webshop, its graphical elements, text and technical solutions are protected by copyright or other intellectual property rights (including, in particular, trademarks).

9.4 The Seller is the copyright owner or the authorised user of all content displayed on the interface of the Webshop and in the provision of the services available through the Webshop: any copyright works or other intellectual works (including, but not limited to, all graphics and other materials, the layout, design, layout of the website, the software and other solutions, ideas, implementations used).

9.5 The saving or printing of the contents of the Webshop, as well as parts thereof, on physical or other data carriers for private use or with the prior written consent of the Service Provider is permitted. Any use other than private use, such as storage in a database, transmission, publication or downloading, commercialisation, is only possible with the prior written consent of the Service Provider.

9.6 In addition to the rights expressly set out in these GTC, neither the registration, the use of the Webshop nor any provision of the GTC shall grant the Customer any right to use or exploit any trade name or trademark displayed on the Webshop.

9.7 Apart from the display, temporary reproduction and private copying required for the normal use of the Webshop, these intellectual works may not be used or exploited in any other form without the prior written consent of the Seller.

9.8 The Service Provider reserves all rights to all elements of its service, in particular to the domain names danuba.hu , www.danubagarden.hu, www.danubakert.hu, www.danubashop.hu, www.danubawebshop.hu, www.danubabolt.hu, their subdomains, all other domain names reserved by the Seller, their subpages and their advertising spaces on the Internet.

9.9 Any activity aimed at delisting, organizing, archiving, hacking or decrypting the Seller’s database is prohibited, unless the Seller gives special permission. It is forbidden to modify,

copy, add new data or overwrite existing data by bypassing the interface or search engines provided by the Seller, without a separate agreement or without using the service provided for this purpose.

9.10. By using the Webshop, the Customer accepts that the Seller may use the data uploaded by the Customer at any time and in any place, without restriction and without paying any extra fee, within the limits of the applicable Privacy and Data Protection Policy.

10. Closing Provisions

10.1 These GTC shall enter into force upon publication on the Webshop and shall apply to contracts concluded after their entry into force. These GTC are available at the Seller’s head office and at its branches.

10.2 These GTC are effective until revoked or until a new GTC is published on the website.

10.3 The Seller reserves the right to modify the provisions of these GTC at any time without prior notice to the Buyer. The Seller shall also publish any amendments to the GTC in the places indicated above. The Seller shall apply the amended provisions to contracts concluded after the date of publication on its official website.

10.4 The present GTC shall be governed by Hungarian law, therefore the language of the contracts covered by it shall be Hungarian, which shall not be deemed to be written contracts, therefore the Seller shall not file them and they shall not be accessible or available for consultation.

10.5 The Parties shall attempt to settle any disputes arising in connection with the interpretation or performance of these GTC primarily through conciliation. If the conciliation proves unsuccessful, the District Court or the Court of First Instance of the Seller’s place of business shall have exclusive jurisdiction to settle the dispute.

10.6 The Seller stipulates that if the Buyer is a consumer, the Buyer has the right to apply to a conciliation body in the event of a dispute:

Name: the Conciliation Board of Pest County and Érd Municipal Chamber of Commerce and Industry (Pest County Conciliation Board)
Address: 1055 Budapest, Balassi Bálint u. 25. IV/2.
Postal Address: 1055 Budapest, Balassi Bálint u. 25. IV/2.
Phone number: +36-1/792-7881
Electronic Mail Address: pmbekelteto@pmkik.hu
10.7 The Seller informs the Buyer that it has not subscribed to a code of conduct.
10.8 By placing an order for any Product, the Customer acknowledges that he/she has read the provisions of the GTC, has received full information from the Seller in accordance with the applicable law, and that he/she considers himself/herself bound by and complies with the provisions of these GTC.
10.9 The technical information necessary for the use of the Webshop, which is not included in these GTC, is provided in the information available on the Webshop interface.

10.10. The Parties agree that the invalidity of any provision of these GTC shall not affect the validity of the entire GTC.

10.11. In matters not regulated in these GTC, the relevant legislation, in particular, but not exclusively, the Civil Code, the relevant provisions of Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses and the relevant provisions of Act CLV of 1997 shall apply.

Written at Szentendre, 14 March 2023.

Danuba Ltd.