Partner Terms and Conditions and Documents
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Partner General Terms and Conditions (T&C)
- Scope of the T&C, details of the Supplier
- Definitions
- Establishment of the partner relationship
- Principles of the level system
- Ordering and fulfilment
- Prices, payment, retention of title
- Returns, warranty for defects
- Pricing principles and brand protection
- Use of the brand
- Confidentiality, data processing
- Liability, force majeure
- Amendment of the T&C, termination of the relationship
- Miscellaneous and final provisions
- Annexes
1. SCOPE OF THE T&C, DETAILS OF THE SUPPLIER
1.1. These General Terms and Conditions (T&C) set out the general terms of the legal relationship established for the resale-purpose (B2B) purchase of Hobby Garden products between Hobby Garden Kft. — registered office: 1115 Budapest, Fejér Lipót utca 14. 2. em. 8.; company registration number: 01-09-442130 (registered by the Company Registry Court of the Budapest-Capital Regional Court); tax number: 32778195-2-43; bank account number: 10400872-50527172-51901007; represented by: Attila Lajos, managing director; e-mail: partner@hobbygarden.hu — hereinafter: Hobby Garden or Supplier — and the undertaking acting within the scope of its business activity that enters into a partner relationship with it (Partner) (Section 6:77 of the Hungarian Civil Code).
1.2. The T&C apply exclusively to business-to-business (B2B) relationships; the Partner declares that it concludes the contract within the scope of its profession, self-employed occupation or business activity, and therefore consumer protection provisions do not apply to the relationship.
1.3. The T0 Gardener Conditions Sheet and the further level agreements (T1 Head Gardener, T2 Master Gardener), as well as the Magic Direct service agreement, are based on these T&C; in matters not regulated therein the T&C shall govern, and in the event of a discrepancy the provision of the individual agreement shall apply. The Founding conditions are set out in the level conditions sheet and the level agreements.
2. DEFINITIONS
- Products
- the products included in Hobby Garden's current B2B product list, including the Magic Product Range (products under the Magic Garden, Magic Flowers, Magic Shiny and Magic Green Max brand names). The Supplier is entitled to unilaterally modify the range and names of the Products.
- List price
- the price communicated by Hobby Garden, inclusive of 27% VAT.
- Transfer price
- the net purchase price of the Product, to which VAT is added on the invoice. The transfer price is the product of the net list price (gross list price / 1.27) and the Partner's current price multiplier. The price multiplier is a value between 0.70 and 0.50, determined by a formula that is identical for every Partner and can be known in advance, which depends exclusively on the Partner's measured performance metrics and is updated quarterly on the basis of the measurement results; the detailed rules of the calculation are set out in the current Conditions Sheet or the partner agreement. Orders already placed are subject to the price multiplier in effect on the day of the order.
- Level system
- the performance-based system of conditions under Section 4 (T0 Gardener, T1 Head Gardener, T2 Master Gardener).
- Carton
- the smallest unit of an order; the number of units per carton for each product is set out in the B2B product list.
- B2B portal
- the partner interface of the Hobby Garden webshop (after logging in).
3. ESTABLISHMENT OF THE PARTNER RELATIONSHIP
3.1. Partner registration is open to undertakings with a registered office in Hungary and a valid tax number. Registration takes place on the partner registration interface of hobbygarden.hu. The Supplier provides the opportunity to check and correct the data entered during registration before the registration declaration is made.
3.2. Hobby Garden reviews the registration and is entitled to reject it without giving reasons. The relationship is established by the electronic acceptance (click-through) of these T&C and by Hobby Garden's confirmation of the approval of the registration within 1–3 working days (Sections 6:82–6:84 of the Civil Code). A contract concluded in this way does not qualify as a written contract, is not filed, and its language is Hungarian; the current text of the T&C is available and downloadable on the B2B portal.
3.3. An approved Partner is entitled to the conditions of the T0 Gardener level (Annex 1); higher levels can be reached under Section 4, by way of a separate agreement.
4. PRINCIPLES OF THE LEVEL SYSTEM
4.1. The conditions of the level system are accessible to every Partner and registered prospective partner — Hobby Garden makes them available in the information pack sent after registration or enquiry, as well as on the B2B portal — and are identical for every Partner at the same level.
4.2. A higher level can be reached exclusively by meeting the published performance metrics (earned status); Hobby Garden verifies the fulfilment of the metrics for quarterly periods and confirms it in writing within no more than 3 working days after the end of the quarter. The relationship under the T1 and T2 levels is established and enters into force upon the signing of the relevant level agreement by both parties. The Supplier keeps no more than 3 T2-level partner agreements in force nationwide at any one time and is not obliged to conclude further ones.
4.3. The level system does not provide territorial exclusivity.
5. ORDERING AND FULFILMENT
5.1. Orders for the Products can be placed on the B2B portal, by the carton. The sales contract for the Products in respect of a given order is concluded upon Hobby Garden's confirmation. Hobby Garden fulfils orders to the extent of its available stock at the time; in the event of a stock shortage the order of service is: T2 → T1 → T0 ; within a level, the order of receipt of confirmed orders shall prevail. Hobby Garden reserves the right to refuse any order or to confirm it with modified content. If the Partner does not accept the modified confirmation, it is entitled to withdraw from the order within 1 working day.
5.2. Hobby Garden begins delivery after the purchase price has been credited. Delivery takes place according to the current B2B shipping tariff (published on the B2B portal); the shipping cost is borne by the Partner. The risk of loss passes to the Partner upon handover of the Product. Delivery is made exclusively to the Partner's registered office, place of business or branch; the Supplier is not obliged to deliver to any other location; the Parties may deviate from this in a separate service agreement (Magic Direct).
5.3. Upon receipt, the Partner is obliged to check the consignment for quantity and for the integrity of the packaging; any recognisable defect must be reported in writing without delay, but no later than within 3 working days.
6. PRICES, PAYMENT, RETENTION OF TITLE
6.1. The purchase price of the Products (the transfer price) is a net price, charged on the invoice plus the applicable VAT. The price list containing the list prices is available on the B2B portal. Hobby Garden may modify the price list with 30 days' prior notice; orders already confirmed are not affected by the modification.
6.2. Payment methods: (a) payment by bank card at the time of ordering; (b) advance bank transfer based on Hobby Garden's proforma invoice. The Parties may agree on deferred payment individually, in writing.
6.3. In the event of late payment, Hobby Garden is entitled to default interest under Section 6:155 of the Civil Code and to the flat-rate recovery cost under Act IX of 2016 on the flat-rate recovery cost. Having regard also to Section 6:4 of the Civil Code, it shall qualify as an acknowledgement of debt if the Partner does not dispute the debt after receiving the payment demand sent to it /this provision deviates from the general rules of the Civil Code/.
6.4. Hobby Garden retains title until the full purchase price of the given order has been paid (Section 6:216 of the Civil Code); the Partner is nevertheless entitled to resell the Products in the ordinary course of its business even before title passes.
7. RETURNS, WARRANTY FOR DEFECTS
7.1. As a commercial goodwill concession, Hobby Garden allows the Partner to return untouched Products in their original packaging within 14 calendar days of receipt — at the Partner's own expense; in this case the Supplier credits the purchase price within 3 working days of taking the goods back. This option does not qualify as a consumer right of withdrawal. The credited purchase price may be used to purchase other Products during the term of the contract, or is refunded without interest at the Partner's request or upon termination of the contract.
7.2. Hobby Garden provides a warranty for defects under the Civil Code in respect of the properties stated in the Product descriptions. The proper storage of the Products and monitoring of their shelf life after receipt is the Partner's responsibility. The Supplier is not liable in the event of improper storage, handling or use of the Products contrary to their intended purpose.
8. PRICING PRINCIPLES AND BRAND PROTECTION
8.1. Hobby Garden communicates a list price for every product. The Partner determines its own selling and advertised prices on every channel. Hobby Garden does not monitor the Partner's prices for the purpose of price compliance.
8.2. The Partner undertakes not to sell the Products in a manner that is persistently detrimental to the brand image and to the manufacturer's investment in product quality. Should this occur, Hobby Garden will raise its objection in writing.
8.3. The Supplier is entitled, no more than four times a year and by prior arrangement, to check compliance with the terms of this contract at the Partner's customer-facing premises.
8.4. The Supplier records that these T&C and the level system have been drawn up in accordance with the provisions of EU Regulation 2022/720 (VBER) and the Hungarian Competition Act (Tpvt.).
9. USE OF THE BRAND
9.1. Hobby Garden grants the Partner a non-exclusive, non-transferable, revocable licence to use the Hobby Garden name and trademark designations, product photos and brand identity materials exclusively in connection with the sale of the Products, in accordance with the brand guidelines provided.
9.2. Upon termination of the relationship, the Partner ceases such use; selling off the Products remaining in stock does not qualify as infringing use.
10. CONFIDENTIALITY, DATA PROCESSING
10.1. The Parties shall keep any trade secrets that come to their knowledge during the relationship confidential without time limitation. The public framework conditions of the level system do not qualify as trade secrets.
10.2. Hobby Garden processes the personal data of the Partner's contact persons in accordance with the GDPR and the Hungarian Information Act (Infotv.), for the purpose of establishing and performing the partner relationship; details are set out in the Privacy Policy.
11. LIABILITY, FORCE MAJEURE
11.1. Hobby Garden's liability for damages — with the exception of damage caused intentionally, or damage to human life, physical integrity or health (Section 6:152 of the Civil Code) — is limited to the net value of the order concerned; provided that it is not liable for lost profit even within this limit. This limitation also applies in cases where the Parties' contract proves to be invalid, or where the Parties perform services to each other on the basis of a contract that is no longer in force. /this provision deviates from the general rules of the Civil Code/
11.2. Neither Party is liable for delay or non-performance resulting from an unforeseeable and unavoidable cause beyond its control (force majeure), insofar as such an event prevents the performance of the obligation concerned.
12. AMENDMENT OF THE T&C, TERMINATION OF THE RELATIONSHIP
12.1. Hobby Garden may amend the T&C with 30 days' prior notice; it will inform the Partner of any amendment that is materially detrimental to the Partner with an express notice drawing attention to it (Section 6:78 of the Civil Code). Changes to the conditions for reaching individual levels do not affect level entitlements already earned. If the Partner does not accept the amendment, it may terminate the relationship with immediate effect until the amendment enters into force; an order placed after the amendment enters into force qualifies as acceptance of the amended T&C.
12.2. Either Party may terminate the relationship without giving reasons, with 30 days' notice, by electronic or written declaration. In the event of a material breach of contract, the aggrieved Party is entitled to terminate with immediate effect. Termination does not affect orders already confirmed.
12.3. If the Partner does not place an order for 12 months, the Supplier will call upon it, with a 30-day deadline, to fulfil its duty to cooperate; if this proves unsuccessful, the Supplier may terminate the contract.
13. MISCELLANEOUS AND FINAL PROVISIONS
13.1. The relationship is governed by Hungarian law, primarily the Civil Code (Act V of 2013).
13.2. Commercial customs (Section 6:63 (5) of the Civil Code) apply to the Parties' relationship only insofar as they do not result in a modification of the provisions of these T&C. /this provision deviates from the general rules of the Civil Code/
13.3. The Parties declare that they concluded their contract after due consideration, accepting the risk of any possible mistake, and accordingly they are not entitled to contest their legal declaration on the grounds of mistake. The Parties exclude the possibility of contesting the contract on the grounds of gross disparity in value. /this provision deviates from the general rules of the Civil Code/
13.4. Monthly, quarterly and annual periods referred to anywhere in the contract are to be understood as calendar periods.
13.5. A rolling 6-month period is the period of 6 calendar months counted backwards from the current measurement date. The turnover and product-mix metrics are calculated for this period at each measurement.
13.6. The Parties shall settle their disputes primarily by negotiation; if this proves unsuccessful, the Hungarian court having jurisdiction and competence under the Code of Civil Procedure shall proceed.
13.7. If any provision of the T&C is invalid, this does not affect the validity of the remaining provisions; the invalid provision is replaced by a valid provision that comes closest to its purpose.
13.8. Communication between the Parties takes place primarily by electronic means (e-mail, B2B portal); the Partner acknowledges a communication sent to the e-mail address given at registration as delivered on the working day following its sending.
Annexes (integral parts of the T&C)
- Annex 1 — Level Conditions Sheet: T0 Gardener Conditions Sheet v13 (PDF, 9 September 2026) — when calculating active points of sale, whichever is higher counts: the number of registered shops covered by turnover (up to 100 000 Ft net turnover / 6 months per shop) or the point equivalent (300 000 Ft net turnover / 6 months = 1 point). The conditions of the Head Gardener and Master Gardener levels are set out in the level agreements, which we send when the conditions are met.
- Annex 2 — B2B product list (SKU, units per carton, prices): after logging in, on the partner ordering interface, always with your current price multiplier.
- Annex 3 — Shipping tariff: according to the current B2B tariff table; the exact fee (based on weight and order value) is shown at checkout when the order is placed.
- Annex 4 — Privacy Policy: hobbygarden.hu/policies/privacy-policy.
