Terms of service
General Terms and Conditions
Effective date: 1 April 2026
Details of the Seller:
- Company name: Hobby Garden Kft.
- Registered office: 1115 Budapest, Fejér Lipót utca 14.
- Mailing address: 1115 Budapest, Fejér Lipót utca 14.
- Tax number: 32778195-2-43
- Bank account number: 10400872-50527172-51901007
- Company registration number: 01-09-442130
- Website address: hobbygarden.hu
- E-mail address: segitunk@hobbygarden.hu
Details of the hosting provider
- Company name: Shopify International Limited
- Registered office: Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland
- Website: www.shopify.com
- E-mail: support@shopify.com
- Tax number: IE 9823212Z (EU tax number)
OVERVIEW
Welcome to the Hobby Garden store! The terms “we”, “us” and “our” refer to Hobby Garden. Hobby Garden operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as its customer, with a personalized shopping experience (the “Services”). Hobby Garden is powered by Shopify, which enables us to provide the Services to you.
The following general terms and conditions, together with the policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and obligations with respect to your use of the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and include matters such as legal disclaimers and limitations of liability.
By visiting, using or interacting with our Services, you acknowledge that these Terms of Service and our Privacy Policy [www.hobbygarden.hu] are binding on you. If you do not agree to these Terms of Service or the Privacy Policy, do not use or access our Services.
Other terms used in this policy:
Parties: the Seller and the Consumer/Business collectively
Consumer: a natural person of legal age, over 18 years of age, acting outside the scope of their economic activity or profession
Consumer Contract: a contract in which one of the parties qualifies as a Consumer
- Business: Hobby Garden Kft.
- Webshop: the online store operated by Hobby Garden Kft.
Warranty (guarantee): in the case of a Consumer Contract, pursuant to the Civil Code
- a guarantee undertaken voluntarily, beyond the statutory obligation, for the proper performance of the contract
- a mandatory guarantee based on legislation
Contract: the conclusion of a sales contract between the Seller and the Consumer/Business through the use of the webshop and e-mail
Service Provider/Hosting Provider: Responsible for providing the Hobby Garden webshop. The hosting provider is a business organization that, within the framework of electronic communications or information society services, provides the user with the placement, storage and accessibility of data, information or applications on the internet or other networks. The hosting provider's task is exclusively to ensure technical storage and access; accordingly, the provider is responsible for the legality of the stored content to the extent required by the applicable legislation, depending on its awareness thereof.
Contract concluded between absent parties (distance contract): a contract for the purchase of the product or the provision of the service that is the subject of the contract, which is concluded without the simultaneous physical presence of the parties, using a means of communication between absent parties, within the framework of a distance selling system
Means of communication between absent parties: a device suitable for making a contractual statement in the absence of the parties, e.g. a device providing internet access, a printed form, a catalogue, a telephone
Product: a marketable movable item in the inventory of our webshop, intended for sale, capable of being taken into possession, and forming the subject of the Contract
Business (undertaking): a person acting within the scope of their economic activity or profession
Webshop: our webshop, through which the conclusion of the contract takes place
Applicable legislation:
- Act CLV on consumer protection
- Act LXXVI on copyright
- Act CVIII on certain issues of electronic commerce services and information society services
- Government Decree 151/2003 (IX.22.) on the mandatory guarantee for durable consumer goods
- Act CXII on the right to informational self-determination and freedom of information
- Act V on the Civil Code
- Decree 19/2014 (IV.29.) NGM on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a Consumer and a business
- Government Decree 45/2014 (II.26.) on the detailed rules of contracts between a Consumer and a business
- Regulation (EU) 2016/679 of the European Parliament and of the Council (27.04.2016) on the processing and protection of personal data of natural persons and on the free movement of such data, and repealing Regulation 95/46/EC, i.e. the General Data Protection Regulation
- Regulation (EU) 2018/302 of the European Parliament and of the Council (28.02.2018) on addressing unjustified geo-blocking and other forms of discrimination based on the Consumer's nationality or place of residence/establishment within the internal market, and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority under the laws of your state or province of residence, and you consent to allowing your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores, or to purchase the products and services we offer, we may ask you to provide certain information, such as your e-mail address and billing, payment and shipping details. You represent and warrant that all information you provide in our stores is correct, current and complete, and that you have all rights necessary to provide this information.
You are solely responsible for the security of your account credentials and for all activity carried out in your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to present our products and services accurately in our online stores. Nevertheless, please note that the colors and the appearance of the products may differ from the image displayed on the screen due to the type of device used to access the store, as well as the device settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the content depicted or displayed in our online stores.
We may change product descriptions at any time, without prior notice, at our sole discretion. We reserve the right to discontinue the availability of products at any time, and we may, on a case-by-case basis, limit the quantities of products offered to any person or in any geographic region or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. Hobby Garden reserves the right, at its sole discretion, to accept or reject your orders for any reason. Your orders are not deemed accepted until Hobby Garden confirms acceptance.
We must receive and process your payment before your orders are accepted. Please review your order carefully before submitting it, as Hobby Garden may not be able to accept a cancellation request after the order has been confirmed. In the event that an order is not accepted, or is modified or cancelled, we will attempt to notify you via the e-mail address, billing address, and/or phone number provided when the order was submitted.
Returns or exchanges of your purchase can only be carried out in accordance with the provisions of our Refund Policy (www.hobbygarden.hu/policies/refund-policy).
You represent and warrant that your purchases are for personal or household use and that you are not making them for the purpose of commercial resale or export.
Purchasing in the webshop is not subject to registration; the Customer may choose to place their order as a guest or as a registered user.
· Registered purchase: The Customer accesses their account with the e-mail address and password provided during registration, where they can track their previous orders.
· Guest purchase: Only the data strictly necessary for fulfilling the order (name, address, phone, e-mail) must be provided.
The registration process
The Customer has the option to create a registered account in the Webshop in order to facilitate future purchases and track orders. The registration process takes place as follows:
A) Accessing the registration interface: The Customer can start the process by clicking on the “Log in” or “Register” menu item in the header, or by selecting the “Create account” option during the checkout process.
B) Providing data: Registration requires a valid e-mail address and a chosen password. After successful registration, the Customer may record their default shipping and billing details (name, address, phone number) in their profile, so that the system fills them in automatically for future purchases.
C) Confirmation: After submitting the registration, the system sends an automatic e-mail to the address provided, confirming the creation of the account.
D) Data modification and deletion: The registered Customer is entitled to modify their data at any time in the “My account” menu. The Customer may initiate the deletion of their registration by sending a statement to the segitunk@hobbygarden.hu e-mail address, which the Service Provider will carry out without delay, but no later than within 5 business days.
1. Selecting a product
The customer can browse the products on the webshop interface, view their detailed description and price, and – where relevant – choose from the various variants (e.g. size, color). For every product, the system displays the gross price and availability.
2. Adding a product to the cart
The selected product(s) can be added to the cart by clicking the “Add to cart” button. Adding an item to the cart does not constitute an order; it merely serves to prepare the purchasing process.
3. Reviewing the contents of the cart
The customer can view their cart at any time, where the following are visible:
- the list of products in the cart,
- the price of each product,
- the aggregated total amount,
- the expected shipping fee (if the system is already calculating it at this point).
4. Modifying the cart
The customer can make any modification in the cart:
- increasing or decreasing the quantity,
- removing a product from the cart,
- deleting the entire contents of the cart,
- adding further products by browsing the webshop.
The system immediately updates the value of the cart and the total amount payable.
5. Finalizing the cart – “Checkout”
If the customer is satisfied with the contents of the cart, they proceed to the order finalization interface by clicking the “Checkout” button. Here they must provide the data necessary for fulfilling the order: name, shipping address, e-mail address and phone number.
On this interface, the customer may also choose a different billing address.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service is the price in effect at the time the order is placed, which will be indicated in the order confirmation e-mail sent to you. Unless expressly stated otherwise, the prices displayed do not include tax, shipping, handling, customs and import fees.
The prices published in our online stores may differ from the prices offered in physical stores and in online stores operated by third parties and in other stores. From time to time, we may offer promotions within the Services that may affect pricing and that are governed by terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete and accurate purchase, payment and billing information for all purchases made in our stores. You agree to promptly update your account and other information, including your e-mail address and your bank card number and expiration date, so that we can complete your transaction and contact you if necessary.
Selecting the payment method
On the checkout interface, the customer can select the payment method suitable for them:
- Shopify Payments (Online bank card payment): Online bank card payments are made through the secure system of Shopify Payments.
- Data security: Bank card details are not received by the merchant. The payment process is carried out in accordance with the strictest security requirements of the PCI DSS (Payment Card Industry Data Security Standard).
- Data transfer statement: By choosing bank card payment, the Customer acknowledges that their personal data stored by Hobby Garden Kft. in the database of hobbygarden.hu (name, e-mail address, shipping details) will be transferred to Shopify Payments (Stripe/Shopify International Limited), as data controller, for the purpose of processing the transaction and carrying out fraud prevention checks.
- Cash on delivery: available for orders up to a maximum of 50 000 Ft. The method of cash-on-delivery payment depends on the carrier (MPL, DPD, Express One). Each cash-on-delivery payment carries a one-time fee of 500 Ft, which is added to the shipping fee of the given order.
- Bank transfer: currently not available.
The system displays the information corresponding to the selected payment method.
Placing the order
The customer can place the order by clicking the “Pay now” button (or, depending on the template, the button used to finalize the order). Submitting the order creates an obligation to pay.
Order confirmation
After the order is received, the system automatically sends a confirmation e-mail containing:
- the list of the ordered products,
- the total amount payable,
- the selected payment method,
- the billing and shipping details,
- the order identifier.
The processing of the order begins after the successful online payment (Shopify Payments) and the sending of the confirmation.
You represent and warrant that (i) the bank card details you provide are true, correct and complete, (ii) you are authorized to use the bank card for the purchase, (iii) the charges you incur will be honored by the company issuing the bank card, and (iv) you will pay the charges incurred at the prices indicated, including, where applicable, shipping and handling fees and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We accept no liability for delays arising during shipping and delivery. Delivery times are estimates only, not guaranteed dates. We accept no liability for delays caused by the carrier company, customs clearance, or events beyond our control. Once we have handed the product over to the carrier, title and risk of loss pass to you.
Order processing and preparation for shipping
The system automatically initiates the processes necessary for shipping. The service provider transfers the customer's data to the courier service exclusively to the extent necessary for performance (name, address, e-mail address, phone number).
Territorial scope
Delivery: The Seller undertakes delivery exclusively within the territory of Hungary. Orders placed with a foreign shipping address will not be accepted by the system, or will be cancelled automatically.
Shipping and notifications
Shipping is carried out by the MPL, DPD or Express One courier service.
The courier service sends the customer separate notifications by e-mail or SMS about changes in the delivery status (e.g. dispatch of the parcel, time of delivery, unsuccessful delivery).
Shipping rates
The shipping fee is calculated automatically during the Checkout process based on the total weight of the products placed in the cart and the selected shipping method. The shipping fees are also visible separately during the process.
- Free shipping: for orders over 25 000 Ft.
- For orders under 25 000 Ft, the shipping fee depends on the weight of the order; the exact amount is displayed by the system before the order is finalized.
Attention! Given the nature of the products (liquids and heavy granules), above a certain weight limit (e.g. above 30 kg) the system may split the shipment into several parcels or calculate an individual shipping fee, of which the Customer will be informed after the order has been prepared by the carrier.
Packaging fee
Hobby Garden Kft. does not charge a separate packaging cost. The shipping fee also includes the cost of safe, chemical-resistant packaging.
Inspection upon receipt
Since the bottles of nutrient solutions or the fertilizer sacks may be damaged during transport:
- The Customer is obliged to inspect the parcel upon receipt in the presence of the courier.
- If the packaging is damaged or the product is leaking, please have the courier draw up a damage report and do not accept the parcel. We are unable to accept subsequent complaints regarding transport damage without a damage report.
Methods of receipt:
MPL courier service:
The ordered product is delivered by the courier service of Magyar Posta to the address provided by the customer. The shipping fee is determined when the order is placed. Handover of the product takes place upon delivery by the courier, and in the case of cash on delivery the customer may take receipt of the product in the manner specified for cash on delivery.
Important information:
- The delivery deadline is set by Magyar Posta, and the service provider accepts no liability for any delays.
- In the event of unsuccessful delivery, the parcel may be returned to the service provider, and resending it may involve additional costs.
DPD courier service
The ordered product is delivered by the DPD courier service to the address provided by the customer. The shipping fee is determined when the order is placed. Handover of the parcel takes place upon delivery by the courier; in the case of cash on delivery, the customer pays the consideration in accordance with the payment method.
Important information:
- The delivery deadline is determined by DPD, and the webshop accepts no liability for any delays.
- In the event of unsuccessful delivery, the parcel may be returned to the webshop, and resending it may involve additional costs.
Express One courier service
The ordered product is delivered by the Express One courier service to the address provided by the customer. The shipping fee is determined when the order is placed. Handover of the parcel takes place upon delivery by the courier; in the case of cash on delivery, the customer pays the consideration in accordance with the payment method.
Important information:
- The delivery deadline is determined by Express One, and the webshop accepts no liability for any delays.
- In the event of unsuccessful delivery, the parcel may be returned to the webshop, and resending it may involve additional costs.
Reservation of rights and stipulation:
If you have previously ordered a product from us but did not take delivery of it (except where you exercised your right of withdrawal), or the parcel was returned to us marked “Unclaimed”, we will only undertake to fulfill your order if you pay the purchase price and shipping cost in advance.
Discounts and loyalty program
The Seller does not currently operate a permanent loyalty program or coupon system. The terms of any individual promotions will be published by the Seller in a separate announcement on the webshop interface.
Limitation of liability
The Seller accepts no liability for damage resulting from improper use of the products, overdosing, or inappropriate storage (e.g. damage to plants, environmental contamination). The customer is obliged to comply with the instructions for use and safety requirements indicated on the products. The Seller makes every effort to ensure the accuracy of the data on the webshop, but in the case of errors resulting from technical faults (e.g. an obviously erroneous price of 0 Ft), it is not obliged to deliver the product at the erroneous price.
Consumer information pursuant to Government Decree 45/2014 (II. 26.):
Information on the Consumer's right of withdrawal:
Pursuant to Section 8:1(1)(3) of the Civil Code, only a natural person acting outside the scope of their profession, independent occupation or business activity qualifies as a Consumer; accordingly, legal persons may not exercise the right of withdrawal without justification!
Pursuant to Section 20 of Government Decree 45/2014 (II. 26.), the Consumer is entitled to a right of withdrawal without justification. In the case of a contract for the sale of a product, the Consumer may exercise their right of withdrawal within a period of 14 days from the day of receipt of the product.
The Consumer may also exercise their right of withdrawal during the period between the conclusion of the contract and the day of receipt of the product.
If the offer to conclude the contract was made by the Consumer, the Consumer has the right to revoke the offer before the conclusion of the contract, which terminates the binding nature of the offer to conclude the contract.
Restriction of the right of withdrawal: We draw the Customer's attention to the fact that, pursuant to Section 29(1)(e) of Government Decree 45/2014 (II. 26.), with respect to products in sealed packaging (e.g. opened nutrient solutions, fertilizers) which, for health protection or hygiene reasons, cannot be returned after being opened following handover, the right of withdrawal may not be exercised after the packaging has been opened.
Withdrawal statement, the Consumer's right of withdrawal and termination:
The Consumer may exercise the right granted in Section 20 of Government Decree 45/2014 (II. 26.) by means of a statement to that effect.
Validity of the Consumer's withdrawal statement:
The right of withdrawal is deemed to have been exercised within the deadline if the Consumer sends us their statement within the deadline (14 days).
After receipt of the Consumer's withdrawal statement, the Seller electronically confirms to the Consumer the fact that the right of withdrawal has been exercised and that it has been acknowledged.
Our company's obligation in the event of the Consumer's withdrawal:
The Seller's refund obligation:
If the Consumer withdraws from the contract pursuant to Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the full amount paid by the Consumer within 14 days of becoming aware of the withdrawal.
The method of our company's refund obligation:
In the event of withdrawal/termination pursuant to Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the amount due to the Consumer using the same payment method as the one used by the Consumer. With the Consumer's approval, the Seller may use another payment method for the refund; however, the Consumer may not be charged any additional fee as a result. The Seller shall not be liable for late performance caused by a bank account number or mailing address provided incorrectly by the Consumer.
Additional costs:
If the Consumer chooses a shipping method other than the usual, least expensive shipping method, the Seller is not obliged to refund the resulting additional costs. In such cases, the refund obligation exists up to the amount of the general shipping rates indicated.
Right of retention:
Our company may withhold the amount due to the Consumer until the Consumer has returned the product or has clearly proven that it has been returned. We do not accept parcels sent cash on delivery or with postage due.
The Consumer's obligations in the event of withdrawal/termination:
Return of the product:
If the Consumer withdraws from the contract pursuant to Section 22 of Government Decree 45/2014 (II. 26.), they are obliged to return the product without delay, but no later than within 14 days of communicating the withdrawal, or to hand it over to the person authorized to receive the product.
Bearing the costs related to the return of the product:
The cost of returning the product is borne by the Consumer. The product must be returned to the Seller's address. If the Consumer terminates the contract after performance has begun, they are obliged to pay the Seller a fee proportionate to the service performed up to the time the termination is communicated to the business. The amount to be paid proportionately by the Consumer must be determined on the basis of the total amount of the consideration stipulated in the contract, plus tax. We do not accept parcels sent cash on delivery or with postage due.
The Consumer's liability for depreciation:
The Consumer is liable for depreciation resulting from use exceeding the use necessary to establish the nature, properties and functioning of the product.
The Seller is only obliged to refund the full amount of the purchase price in the case of a product returned in flawless and complete condition, in its original packaging.
The right of withdrawal may not be exercised in the following cases:
Please note that you may not exercise your right of withdrawal in the cases set out in Section 29(1) of Government Decree 45/2014 (II.26.):
- in the case of a contract for the provision of a service, after the service has been performed in full, if the business began performance with the consumer's express prior consent and the consumer acknowledged that they would lose their right of termination once the service has been performed in full;
- with respect to a product or service whose price or fee depends on fluctuations of the financial market that cannot be influenced by the business and that may occur even within the deadline specified in Section 20(2);
- in the case of a non-prefabricated product that was produced on the consumer's instructions or at their express request, or in the case of a product that was clearly personalized for the consumer;
- with respect to a perishable product or a product that retains its quality only for a short period;
- with respect to a product in sealed packaging which, for health protection or hygiene reasons, cannot be returned after being opened following handover;
- with respect to a product which, by its nature, becomes inseparably mixed with other products after handover;
- with respect to an alcoholic beverage whose actual value depends on market fluctuations in a manner that cannot be influenced by the business, and whose price was agreed by the parties at the time of concluding the sales contract, but performance of the contract takes place only after the thirtieth day following its conclusion;
- with respect to the sale of a copy of an audio or video recording or computer software in sealed packaging, if the consumer has opened the packaging after handover;
- with respect to newspapers, journals and periodicals, with the exception of subscription contracts;
- in the case of contracts concluded at a public auction;
- in the case of a contract for the provision of accommodation other than for residential purposes, carriage, passenger car rental, catering, or a service related to leisure activities, if a performance date or deadline specified in the contract has been stipulated;
- with respect to digital data content provided on a non-tangible data carrier, if the business began performance with the consumer's express prior consent and the consumer, simultaneously with giving this consent, declared their acknowledgment that they would lose their right under Section 20 once performance has begun.
Product warranty:
In what cases can you exercise your product warranty rights?
In the event of a defect in the product, you may, at your choice, assert a claim under the warranty for material defects (implied warranty) or a product warranty claim.
What rights are you entitled to under a product warranty claim?
As a product warranty claim, you may only request the replacement of the defective product.
In what cases is the product considered defective?
The product is defective if it does not meet the quality requirements in force at the time it was placed on the market, or if it does not have the properties described in the description provided by the manufacturer.
Within what deadline can you assert your product warranty claim?
You may assert your product warranty claim within 2 years of the product being placed on the market by the manufacturer. Upon expiry of this deadline, you lose this right.
Against whom and under what other conditions can you assert your product warranty claim?
You may exercise your product warranty claim exclusively against the manufacturer/distributor of the movable item. You must prove the defect of the product when asserting a product warranty claim.
In what cases is the manufacturer/distributor exempt from its product warranty obligation?
The manufacturer/distributor is exempt from its product warranty obligation only if it can prove that:
- The defect was not recognizable according to the state of science and technology at the time the product was placed on the market
- The defect of the product results from the application of legislation or a mandatory official requirement
- It did not manufacture or place the product on the market within the scope of its business activity
For exemption, it is sufficient for the manufacturer/distributor to prove 1 of these grounds.
Please note that you may not assert a claim under the warranty for material defects and a product warranty claim for the same defect at the same time, in parallel. However, in the event of the successful assertion of a product warranty claim, you may assert your claim under the warranty for material defects against the manufacturer with respect to the replaced product/repaired part.
Guarantee:
In what cases can you exercise your guarantee rights?
In the event of defective performance, the Seller is obliged to provide a guarantee pursuant to Government Decree 151/2003 (IX. 22.) on the mandatory guarantee for durable consumer goods.
Mandatory guarantee:
· For a sales price of at least 10 000 Ft but not exceeding 250 000 Ft: 2 years.
· For a sales price above 250 000 Ft: 3 years.
· Products under 10 000 Ft are not covered by the mandatory guarantee; for those, the Customer is entitled to rights under the warranty for material defects.
What rights are you entitled to under the guarantee, and within what deadline?
Government Decree 151/2003 (IX. 22.) on the mandatory guarantee for durable consumer goods defines the cases of mandatory guarantee. For products outside this scope, our Company does not provide a guarantee. A guarantee claim may be asserted within the guarantee period. If the party obliged to provide the guarantee fails to comply with its obligation within an appropriate deadline upon the rightholder's request, the guarantee claim may be enforced before a court within 3 months of the expiry of the deadline set in the request, even if the guarantee period has already expired. Failure to meet this deadline results in forfeiture of rights. The rules governing the exercise of rights under the warranty for material defects must be applied to the assertion of guarantee claims. The duration of the guarantee is 1 year. Failure to meet this deadline results in forfeiture of rights. The guarantee period begins on the day the consumer good is handed over to the Consumer or on the day of installation (if this is carried out by the Seller). For matters concerning a guarantee beyond one year, please contact the manufacturer!
Product returns within 30 days
In addition to the above and its statutory obligations, Hobby Garden Kft. provides the option of returning products within 30 days. Hobby Garden will refund the purchase price of products received back in flawless condition to the customer in the same manner as payment was made at the time of purchase. The refund covers the purchase price of the product(s) as at the time of purchase and does not include shipping and other costs. Further information can be found in the 30-day product return policy: https://hobbygarden.hu/policies/refund-policy
When is the Seller exempt from its guarantee obligation?
The Seller is exempt from its guarantee obligation only if it proves that the cause of the defect arose after performance.
Please note that you may not assert a claim under the warranty for material defects and a guarantee claim, or a product warranty claim and a guarantee claim, for the same defect at the same time, in parallel.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including, without limitation, all trademarks, brands, text, displayed materials, images, graphics, product reviews, video and audio materials, as well as their design, selection and arrangement, are owned by Hobby Garden, its partner or its licensor, and are protected by US and foreign patent, copyright and other intellectual property laws.
These Terms permit the use of our Services exclusively for personal, non-commercial purposes. Without our prior written consent, it is prohibited to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the materials forming part of the Services. Except as set out in these Terms, no provision of the Terms shall be construed as a license or other right offered to you with respect to any patent, trademark, copyright or other intellectual property of Hobby Garden, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Hobby Garden reserves all rights not expressly granted in this document.
The names, logos, product and service names, designs and slogans of Hobby Garden are trademarks of Hobby Garden or its partner or licensor. You may not use such trademarks without the prior written consent of Hobby Garden. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans forming part of the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
As part of the Services, you may be given access to customer tools offered by third parties, which we do not supervise and over which we have no influence or say whatsoever.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, conditions or endorsements. We accept no liability whatsoever in connection with optional tools provided by third parties or their use.
Your use of the optional tools offered on the site is entirely at your own risk and discretion; you are responsible for ensuring that you are familiar with and approve the terms on which the tools are provided by the relevant third-party provider(s).
In the future, we may also offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks pointing to websites provided or operated by third parties (including embedded features provided by third parties). We accept no responsibility for examining or evaluating the content, or for the accuracy of third-party materials and websites viewed by you.
If you choose to leave the Services to access these materials or third-party websites, you do so at your own risk.
We accept no liability for any damage arising from accessing a third-party website, or from the purchase or use of products, services, resources or content available on a third-party website. Please read the third party's policies and standards carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns and questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Hobby Garden is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases in our stores take place directly through the service of Hobby Garden.
By using the Services, you acknowledge and agree that Shopify accepts no liability for any aspect of the sale between you and Hobby Garden, including injuries, damage and losses arising from the products or services purchased. You hereby expressly release Shopify and its partners from any claims, damages and liability arising from or related to any purchase or transaction between you and Hobby Garden.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which you can view here [https://hobbygarden.hu/policies/privacy-policy]; certain personal data is subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you represent that you have read these privacy policies.
Since the Services are operated by Shopify, Shopify collects and processes personal data related to your access to and use of the Services in order for us to provide the Services to you and to improve them. In order to provide the Services to you, the information you provide to the Services is transferred to and shared with Shopify, as well as with third parties that, in some cases, are located in a country other than your place of residence. Please review our Privacy Policy to learn more about how we, Shopify and our partner use your personal data.
Acceptance of the Privacy Statement
To finalize the order, the customer must accept the Privacy Statement; without its acceptance, the purchase cannot proceed.
Copyright:
The content of this website qualifies as a copyrighted work within the meaning of Section 1(1) of Act LXXVI of 1999 on copyright, and every part of it is protected by copyright. It is prohibited to use the images and texts found on our website without permission, as well as to use applications that modify or harm our website, pursuant to Section 16(1) of the same act. Please note that materials, images, videos and texts from our website and our database may only be taken over with the written consent of the rightholder, with attribution of the source.
Partial invalidity and code of conduct:
In the event that a provision of the General Terms and Conditions is legally incomplete/ineffective, the provisions of the applicable legislation shall govern that part. The remainder of the contract shall remain valid.
Correction of data entry errors and responsibility for the truthfulness of the data:
During the ordering process, before the order is confirmed, you have the opportunity to modify and correct the data provided. We accept no responsibility for the accuracy of the data you provide. We issue the invoice based on this data and deliver the product(s) to the address indicated as the shipping address. By placing your order, you acknowledge that the Seller is entitled to pass on to you any damage and costs arising from data you provided incorrectly. We accept no liability for failed performance due to incorrect data entry.
If you notice in the confirmation e-mail that you have provided incorrect data, please notify us immediately.
Order processing and conclusion of the contract:
You can place your order through our webshop at any time. You will receive an automatic confirmation of your order, which indicates that your order has been received; however, this confirmation does not constitute acceptance of the offer made by you. If you do not receive an automatic confirmation by e-mail within 24 hours of your order, please notify us, as there may be a technical problem and it is possible that your order did not reach our system as a result.
We confirm your offer in a second e-mail; the contract is concluded at that point.
SECTION 11 – FEEDBACK
If you submit, upload, publish, e-mail or otherwise transmit any ideas, suggestions, feedback, opinions, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback on any platform and for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, develop, improve and promote the Services, as well as to perform our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (i) you own or hold all rights necessary in connection with all Feedback; (ii) you have disclosed any commission or incentive received in connection with the submission of the Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obliged to (1) treat your Feedback as confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We are entitled, but not obliged, to monitor, edit and remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property or these Terms of Service.
You represent that your Feedback does not infringe any rights of any third party, including copyright, trademarks, privacy rights, personality rights, and other personal or proprietary rights. You further represent that your Feedback does not contain any libelous or otherwise unlawful, offensive or obscene Feedback, and does not contain any computer virus or other malicious program that could in any way affect the operation of the Services or any related website. It is prohibited to use a false e-mail address, to impersonate another person, or to otherwise mislead us or a third party as to the origin of the Feedback. You are solely responsible for the Feedback you provide and for its accuracy. We assume no responsibility or obligation for Feedback posted by you or a third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice, or to cancel orders if any information proves to be inaccurate (even after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may use the Services exclusively for lawful purposes. You are prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or cause harm to our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any materials that do not comply with these
Terms; (g) to transmit, or arrange the sending of, advertising or promotional materials, including “junk mail”, “chain letters”, “spam messages” and any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, at our sole discretion, may harm the interests of Hobby Garden, Shopify or the users of the Services, or expose them to liability-related risk.
In addition, you agree not to: (a) upload or transmit viruses or other malicious code that affects or may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal data of others; (d) use the Services in connection with spam, phishing, unauthorized redirection or pretexting; (e) use robots, spiders, data scrapers, data collection and extraction tools, automatic devices or processes, AI tools (such as agent AI) or automated or manual means to access the Services; or (f) interfere with, bypass or circumvent security or authorization features, robot exclusion headers, and other measures applied to restrict access to the Services. We reserve the right to suspend, block or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms of Use.
SECTION 14 – AGENTS
14.1. This section (the “Agent Terms”) applies if you use, enable, activate or install an Agent to access, use or interact with the Services. By “Agent” we mean software or a service that performs autonomous or semi-autonomous activity on behalf of or at the instruction of any person or entity, and which can be run on behalf of a person or using a person's device, without direct supervision.
14.2. No Agent may access, use or interact with the Services unless it identifies itself and strictly complies with the requirements set out in Section 14.4 below. In addition, an Agent may not access, use or interact with the Services if we have requested that it refrain from accessing, using or interacting with any service.
14.3. We may restrict, including by technical measures, whether an Agent may access, use and interact with the Services, and the manner in which it may do so.
14.4. Agents must ensure the following: (i) identify in every HTTP/HTTPS request that the request originates from an Agent, disclosing the Agent's name by including the following in the user agent request string: “Agent/[name of agent]”; (ii) not conceal that any access, use or interaction originates from an Agent, for example by (a) imitating human behavior and interaction patterns, or (b) completing a CAPTCHA or bypassing measures designed to distinguish computer use from human use; (iii) answer truthfully any question or prompt designed to determine whether the interactions originate from a human or a computer; (iv) not otherwise bypass or evade measures designed to block, restrict, modify or control whether Agents access, use or interact with any Service.
SECTION 15 – TERMINATION
We may, at our sole discretion, terminate this agreement or your access to the Services (or any part thereof) at any time, without prior notice; in this case, you remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature survives termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided exclusively for general information purposes. We do not guarantee the accuracy, completeness or usefulness of this information. You rely on this information at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other visitor to the Services, or any other party who becomes aware of the content.
THE SERVICES AND THE PRODUCTS OFFERED THROUGH THE SERVICES, WITH THE EXCEPTIONS EXPRESSLY SPECIFIED BY Hobby Garden, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IN SOME JURISDICTIONS, THE EXCLUSION OF IMPLIED AND OTHER WARRANTIES IS LIMITED OR NOT PERMITTED, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
Hobby Garden, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, SUBCONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AS WELL AS SHOPIFY AND ITS PARTNERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL STRICT AND OTHER LIABILITY FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS AND OTHER DAMAGES), WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), ARISING FROM YOUR USE OF THE SERVICES OR OF PRODUCTS PROCURED THROUGH THE SERVICES, OR FROM ANY CLAIM BASED ON YOUR USE OF THE SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY ERRORS AND OMISSIONS APPEARING IN ANY CONTENT), OR ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF WHETHER THE PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Hobby Garden, Shopify and our affiliates, partners, officers, directors, employees, representatives, subcontractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys' fees, payable to any third party and based on: (1) your breach of these Terms of Service or the documents referenced by them, (2) your violation of any law or infringement of the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnification claim, provided that a failure to notify you promptly shall not release you from your obligations unless you are materially prejudiced thereby. We may, at your expense, organize the defense against and settlement of such claims, including the selection of legal counsel; however, without your consent (which may not be unreasonably withheld), we will not settle any claim that entails non-monetary obligations on your part. You are obliged to cooperate in the defense against claims subject to indemnification, including by submitting relevant documents.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the other remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies and operating rules posted by us on this website or in respect of the Services constitute the entire agreement and understanding between you and our company and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not transfer, assign or delegate this agreement, or your rights or obligations under these Terms, without our prior written consent; any such attempt shall be deemed null and void. We are entitled to transfer, assign and delegate these Terms, as well as our rights and obligations, without your consent or notice to you.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide the Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction of Hobby Garden's registered office. You and Hobby Garden submit to those courts and to their personal jurisdiction.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and do not limit or affect these Terms.
SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website.
It is your responsibility to check our website periodically for changes. We will notify you of all material changes to these Terms in accordance with the applicable legislation; such changes shall take effect on the date specified in the notification. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Scope and acceptance of the GTC:
In addition to the applicable legislation, the content of the contract to be concluded is also governed by these General Terms and Conditions. Within this framework, we summarize the rights and obligations of the Consumer and the Seller, the conditions of concluding the contract, the payment and shipping terms, the deadlines, the rules relating to liability, and the conditions for exercising the right of withdrawal.
By placing your order, you accept our company's General Terms and Conditions, which form part of the contract to be concluded.
Language and form of the contract:
The language of the contract is Hungarian.
The contract is concluded by placing the order and accepting these General Terms and Conditions.
Prices:
Prices are in Hungarian forints. Our prices are gross prices, which include VAT. We reserve the right to change prices.
Complaint handling and legal enforcement options:
The Consumer may submit complaints concerning the product or our activities through the following contact channels:
- Postal address: 1115 Budapest, Fejér Lipót utca 14.
- E-mail address: segitunk@hobbygarden.hu
The Consumer may submit their complaint in writing to the segitunk@hobbygarden.hu address. The Service Provider will respond to the complaint on the merits within 15 days of its receipt. If the complaint is rejected, the Seller will inform the Consumer in writing of the available remedies.
The Consumer may communicate their complaint primarily in writing and, in certain cases, orally. The complaint may concern the conduct, work or possible omission of a person acting on behalf of the Seller which is directly related to the distribution or sale of the product.
Our company will investigate oral complaints immediately and resolve them as far as possible. If the Consumer does not agree with the handling of the complaint, or the immediate investigation of the complaint is not possible, we will draw up a record of the complaint and our position on it, and provide a copy of the record to the Consumer. Our company will respond to written complaints in writing within 15 days of receipt.
The record drawn up of the complaint must contain the following:
- The place, method and time of submission of the complaint
- The Consumer's name, address and contact details
- A detailed description of the consumer complaint, as well as a list of the documents, records and evidence
- The Seller's statement of its position on the consumer complaint, if its immediate investigation is possible
- The place and time the record was drawn up
- The unique identification number of the complaint
The Seller retains the record of the complaint and a copy of the response for 5 years and presents them at the request of the supervisory authority.
If the Seller rejects the complaint, it will inform the Consumer in writing of which authority's or Conciliation Board's proceedings the Consumer may initiate with their complaint. The information includes the registered office, mailing address and contact details (website, e-mail, phone number) of the competent authority and of the Conciliation Board competent for the Consumer's place of residence/stay, as well as the Seller's position on the use of Conciliation Board proceedings for the purpose of settling the consumer dispute.
In the event that the legal dispute between the Seller and the Consumer is not settled through negotiations, the Consumer may pursue further legal enforcement options:
Consumer protection authority proceedings:
In the event of a violation of consumer rights, the Consumer is entitled to lodge a complaint with the Consumer Protection Authority competent for their place of residence. The authority decides on conducting consumer protection proceedings after assessing the complaint. First-instance authority tasks are carried out by the district offices. Their contact details: https://kormanyhivatalok.hu/
Court proceedings:
The Consumer is entitled to enforce their claim arising from the legal dispute before a court within the framework of civil proceedings, in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
Conciliation Board proceedings:
You are entitled to turn to the Conciliation Board competent for your place of residence/stay if we reject your consumer complaint. A precondition for initiating the proceedings is that the Consumer attempts to settle the disputed matter directly with the Seller.
In the Conciliation Board proceedings, the Seller is subject to a duty of cooperation. On this basis, the Seller is obliged, at the Conciliation Board's request, to send a written response, and to appear at the hearing before the Conciliation Board and to ensure the participation of a person authorized to conclude a settlement.
If the Seller's registered office/place of business is located outside the county of the chamber operating the territorially competent Conciliation Board, the Seller's duty of cooperation extends to offering the possibility of concluding a written settlement corresponding to the consumer's claim.
If the Seller fails to comply with its above duty of cooperation, the matter falls within the competence of the Consumer Protection Authority, under which the imposition of a fine is mandatory in the case of unlawful conduct by companies, and this cannot be waived.
The Consumer may request the initiation of Conciliation Board proceedings. The request must be submitted in writing (by letter, fax, telegram, or electronically via the Conciliation Board's website) to the president of the Conciliation Board.
The request must contain:
- The Consumer's name, place of residence/stay and contact details
- The name and registered office/place of business of the company involved in the consumer dispute
- The Consumer's position and the related evidence and facts
- The Consumer's statement that they have attempted to settle the disputed matter directly with the business concerned
- The Consumer's statement that they have not initiated proceedings before another Conciliation Board in the matter, have not initiated mediation proceedings, have not filed a statement of claim, and have not submitted a request for the issuance of a payment order
- A motion for the Board's decision
- The Consumer's signature
- If the Consumer has requested the competence of a board other than the competent Conciliation Board, an indication thereof
The document, or a copy thereof, whose content the Consumer refers to as evidence must in any case be attached to the request.
If an authorized representative acts in the complaint matter, the power of attorney issued by the Consumer must be attached to the request.
Further information about the Conciliation Boards: http://www.bekeltetes.hu
The territorially competent Conciliation Board:
Budapest Conciliation Board (Budapesti Békéltető Testület)
Address: 1016 Budapest, Krisztina krt. 99.
E-mail: bekelteto.testulet@bkik.hu
Website: https://bekeltetes.hu
Online dispute resolution platform:
The online dispute resolution system established by the European Commission enables consumers to settle disputes related to online purchases without distance barriers and without initiating court proceedings. To use the platform, the consumer must create a registration and can then start the complaint procedure by completing the appropriate request.
On the platform, the consumer and the company complained against can jointly select the dispute resolution body that will handle the complaint.
The online dispute resolution platform is available at the following website:
https://consumer-redress.ec.europa.eu
SECTION 25 – CONTACT INFORMATION
Please send your questions regarding the Terms of Service to segitunk@hobbygarden.hu.
Our contact information:
Hobby Garden Kft.
e-mail: segitunk@hobbygarden.hu
Company registration number: 01-09-442130
Tax number: 32778195-2-43
SECTION 26 – FINAL PROVISIONS
In matters not regulated in these GTC, the provisions of the Civil Code and of Government Decree 45/2014 (II. 26.) on contracts concluded between absent parties shall govern.
27. Safety data sheets
The safety data sheets of the products distributed by the Service Provider are available and downloadable electronically on the following page: