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    General Terms and Conditions (GTC)

    Version: 2.1
    Effective: from the date of publication in the Webshop.

    1. General provisions

    These General Terms and Conditions (hereinafter: GTC) set out the conditions for using and purchasing from the kefirgomba.eu online store (hereinafter: Webshop), operated by Farkas Tibor, sole proprietor (hereinafter: Seller).

    Purchases from the Webshop may be made by placing an electronic order in accordance with these GTC.

    The Webshop primarily offers live fermentation cultures, including Tibetan Kefir Grains and Japanese Water Kefir Grains (Tibicos), as well as accessories related to their use.

    The products are natural, living cultures and therefore require appropriate storage, handling and compliance with the accompanying instructions for use.

    Health-related information in the Webshop is provided for information only and does not constitute medical, nutritional or healthcare advice.

    1.1 Definitions

    Seller: Farkas Tibor, sole proprietor, who operates the kefirgomba.eu Webshop and sells the products.

    Customer: a person placing an order in the Webshop as a natural person.

    Consumer: a natural person acting outside the scope of their trade, independent occupation or business activity.

    2. Seller details

    • Name: Farkas Tibor, sole proprietor
    • Registered office: 1141 Budapest, Kalauz utca 7., Hungary
    • Tax number: 69477867-1-42
    • Business registration number: 53241476
    • Statistical identification number: 69477867-3109-231-01
    • FELIR identification number: AA6258887
    • Fruit and vegetable distributor registration number: PES-3603
    • Bank account number: 11773140-00616966-00000000 (OTP Bank)
    • E-mail: info@kefirgomba.eu
    • Telephone: +36 20 552 7092
    • Hosting provider: Lovable Labs Sweden AB, Tunnelgatan 5, 111 37 Stockholm, Sweden; company registration number: 559506-1739; website: lovable.dev

    The Seller may also use additional technical and cloud service partners when operating the Webshop.

    3. Products and prices

    Prices displayed in the Webshop are stated in Hungarian forints (HUF). The Seller is exempt from VAT under the Hungarian small-business exemption scheme; therefore, no value added tax is charged on the prices displayed in the Webshop.

    Any EUR amounts displayed in the Webshop are for information only; the actual payment and invoicing currency is determined by the payment amount specified during the ordering process.

    The current price of each product is displayed alongside it in the Webshop. The Seller may change prices. Price changes do not affect contracts already formed.

    The products are natural, living cultures; minor variations in appearance, grain size, activity and other natural characteristics may therefore occur.

    The terms of discounts, coupons and promotions used in the Webshop are set out in the particular offer or the accompanying information.

    Important information on the right of withdrawal: Tibetan Kefir Grains and Japanese Water Kefir Grains are living, perishable fermentation cultures, and the statutory 14-day right of withdrawal without giving a reason therefore does not apply to these products.

    4. Ordering procedure

    4.1 Placing an order

    1. Select the shipping region and country.
    2. If Hungary is selected, choose the delivery area.
    3. Select the desired product and specify the quantity.
    4. Add the product to the cart.
    5. Select the shipping/collection method.
    6. Select a payment method available for that shipping method.
    7. Enter the required billing and shipping details.
    8. Check the order details.
    9. Correct any data entry errors if necessary.
    10. Accept these GTC and the Privacy Policy.
    11. Finalise the order.

    Before finalising the order, the Customer must check its details, in particular the products, quantities, shipping method, payment method, delivery address and total amount payable.

    For personal collection in Budapest and home delivery in Budapest provided by the Seller:

    • Cash on receipt.
    • Bank card payment on receipt.
    • Advance payment through Barion.
    • Advance payment by bank transfer.

    Advance payment through Barion or by bank transfer is not mandatory in this case, as the Customer may also pay on receipt.

    4.2 Bank transfer

    If bank transfer is selected, the Seller provides the transfer details and amount payable in the order confirmation or payment instructions.

    The Seller begins fulfilling the order once the payment has been credited.

    Issuing accounting documents and invoices is governed by the legislation applicable to the transaction.

    4.3 Barion payment

    Online payments through Barion are processed through the secure online payment system of Barion Payment Zrt.

    Barion payment methods available in the Webshop may include bank card payments, Apple Pay, Google Pay and use of a Barion wallet.

    The Seller does not receive the bank card details.

    4.4 Order confirmation

    The Seller confirms receipt of the order electronically.

    The confirmation contains the main order details, the products ordered, the amount payable and the selected shipping/payment method.

    The automatic customer confirmation sent for a successfully placed order, after successful payment in the case of Barion, also contains the Seller’s acceptance of the order. Formation of the contract is governed by Section 5.

    Pre-contractual information and confirmation of the contract on a durable medium are provided in accordance with legislation.

    5. Information on the electronic contract

    Purchases in the Webshop constitute consumer distance contracts concluded electronically.

    The contract is formed when the Customer receives an electronic confirmation containing the Seller’s acceptance of the order. An automatic message that merely acknowledges receipt of the order does not in itself constitute acceptance of the order.

    The language of the contract is Hungarian. The contract is not considered a contract made in writing.

    The order and its confirmation are retained electronically in accordance with applicable legislation and data processing rules.

    These GTC are continuously accessible in the Webshop, allowing the Customer to read them before entering into the contract and to save and retrieve them.

    Before submitting the order, the Customer is given the opportunity to identify and correct data entry errors.

    Placing an order creates an obligation to pay. The button used to finalise an order must clearly indicate this; accordingly, the Webshop must use wording such as “Order with obligation to pay”.

    The Seller acknowledges receipt of the order electronically without delay. If the confirmation does not arrive within the period reasonably expected given the nature of the service, and in any event within 48 hours of submitting the order, the Customer is released from being bound by the offer or any contractual obligation.

    6. Payment terms

    The Webshop displays payment options according to the selected shipping/collection method.

    Budapest, personal collection: cash or bank card on collection, or advance payment through Barion or by bank transfer.

    Budapest, home delivery by the Seller: cash or bank card when the product is handed over, or advance payment through Barion or by bank transfer.

    GLS shipping within Hungary and the EU: advance payment through Barion or by bank transfer. Cash on delivery is not available.

    Invoicing and the issuance of other accounting documents are governed by the tax rules applicable to the transaction.

    7. Shipping and collection terms

    7.1 Orders within Hungary

    Collection/delivery methods available in the Webshop within Hungary: personal collection in Budapest, home delivery in Budapest provided by the Seller, GLS home delivery, GLS ParcelShop and GLS parcel locker.

    Budapest, personal collection

    The Customer may collect the ordered product in person at a pre-arranged time.

    Budapest, home delivery by the Seller

    The Seller provides their own home delivery service to certain Budapest addresses. The Seller agrees the delivery time with the Customer in advance.

    GLS home delivery outside Budapest

    Delivery to Hungarian addresses outside Budapest’s administrative boundaries is carried out by GLS courier service.

    GLS ParcelShop and GLS parcel locker

    The Customer may request delivery to a GLS ParcelShop or GLS parcel locker available in the Webshop.

    The shipping methods actually available for a particular order, and their fees, are shown during the ordering process.

    7.2 European Union orders

    The Seller delivers to selected European Union Member States using GLS courier service. The currently available countries and shipping fees are listed in the Webshop’s ordering interface.

    For EU orders, the Customer must pay the consideration in advance. Cash on delivery is not available.

    The tax treatment of EU transactions is governed by the legislation applicable to the transaction and the Seller’s current tax status.

    7.3 Shipping costs

    Shipping costs are displayed during the ordering process before the order is placed. Before finalising the order, the Customer is informed of the total amount payable.

    7.4 Dispatch, performance and delivery

    For GLS delivery, the Seller prepares the order and hands it over to the courier after payment of the consideration.

    The Seller generally dispatches the parcel within 1–2 business days after receiving payment, unless the Webshop indicates a different delivery period.

    The relevant date of performance for VAT purposes must be determined under the applicable tax rules governing the transaction.

    The Seller does not exclude or limit their statutory obligations towards the consumer regarding performance and statutory warranty for defects because a courier service is used. In the event of a courier delay or other problem, the Seller cooperates with the Customer to resolve the problem.

    As a general rule, the risk of loss or damage to the product passes to the consumer when the consumer or a third party designated by the consumer, other than the carrier, takes possession of the product.

    7.5 Receiving the parcel

    The Customer must, where possible, inspect the parcel upon receipt. If damage to the packaging is noticed, it is recommended that the damage be documented and, where possible, a report be drawn up.

    The absence of external damage to the parcel does not in itself preclude later lawful claims relating to the product.

    8. The products’ living-culture nature, storage and use

    Tibetan Kefir Grains and Japanese Water Kefir Grains are fermentation cultures containing living microorganisms. With appropriate care they can be maintained and propagated over the long term, but require immediate use and proper handling after receipt. Living cultures in their shipping condition cannot be regarded as products with an unlimited shelf life without appropriate nutrients and environmental conditions.

    9. Right of withdrawal

    Under applicable legislation, consumers are generally entitled to withdraw from distance contracts within 14 days without giving a reason.

    For contracts for the sale of goods, the withdrawal period is generally 14 days from the day on which the consumer or a third party designated by the consumer, other than the carrier, receives the product.

    Exercising the right of withdrawal does not affect the consumer’s other statutory rights.

    9.1 Exercising the right of withdrawal

    The consumer may exercise the right of withdrawal by making an unequivocal statement by e-mail to info@kefirgomba.eu or by using the Webshop’s online withdrawal function, which is accessible via the “Online withdrawal form” link in the footer of every page of the Webshop (https://kefirgomba.eu/en/online-elallasi-nyilatkozat).

    The withdrawal statement is deemed to have been made in time if the consumer sends it before the statutory deadline expires.

    The consumer must return or hand over the product to the Seller within 14 days of communicating withdrawal, at the following address: Farkas Tibor, sole proprietor, 1141 Budapest, Kalauz utca 7., Hungary. The direct cost of returning the product is generally borne by the consumer.

    The Seller reimburses the full amount paid by the consumer, including the original delivery costs within the limits laid down by legislation, within 14 days of becoming aware of the withdrawal. The Seller may withhold reimbursement until the product has been returned or the consumer has provided evidence of return, whichever occurs first.

    Reimbursement is generally made using the same payment method as the original payment.

    The consumer is liable only for diminished value resulting from handling beyond what is necessary to establish the product’s nature, characteristics and functioning.

    9.2 Online withdrawal function

    The Webshop provides an online withdrawal function. After the withdrawal statement has been submitted, the system promptly sends electronic confirmation on a durable medium to the e-mail address provided by the consumer, stating the date and time of receipt of the statement.

    The online withdrawal function must not limit the consumer’s statutory right of withdrawal.

    10. Exceptions to the right of withdrawal

    The consumer’s right of withdrawal and its exceptions are always governed by applicable legislation.

    Under Section 29(1)(d) of Hungarian Government Decree 45/2014 (II. 26.), the consumer may not exercise the right of withdrawal in respect of products that are perishable or retain their quality only for a short period.

    Tibetan Kefir Grains and Japanese Water Kefir Grains sold in the Webshop are living fermentation cultures. Their condition may deteriorate within a short period if they are stored or handled incorrectly; the Seller therefore classifies these products as perishable products or products that retain their quality only for a short period under the legislation. The right of withdrawal without giving a reason cannot be exercised in respect of these products.

    This statutory exception does not affect the Seller’s liability for defective performance or the consumer’s statutory warranty rights and other statutory rights.

    For related products that are not perishable or do not fall within the exception, namely the Starter Kit and Ice Pack, the 14-day right of withdrawal may apply subject to the statutory conditions.

    11. Conformity, statutory warranty for defects, product warranty and complaints handling

    11.1 Conformity

    In a consumer contract, the goods and performance must, at the time of performance, satisfy the conformity requirements laid down by applicable legislation, in particular Hungarian Government Decree 373/2021 (VI. 30.).

    Because of the nature of a living culture, differences in appearance, grain size, activity or growth rate resulting from natural biological characteristics do not in themselves constitute defective performance, provided that the product was in a conforming condition at the time of performance.

    11.2 Statutory warranty for defects

    In the event of defective performance by the Seller, the consumer may assert a statutory warranty claim for defects under the Hungarian Civil Code and applicable consumer protection legislation.

    Where the statutory conditions are met, the consumer may request repair or replacement, or may be entitled to a proportionate reduction of the consideration or withdrawal from the contract under the conditions laid down by legislation.

    For consumer contracts, statutory warranty claims for defects are subject to a two-year limitation period from the date of performance.

    The consumer must notify the Seller of a defect without delay after discovering it. Under the legislation, notification within two months of discovering the defect is deemed to have been made without delay.

    11.3 Checking the initial condition of living cultures: 7-day notification period

    In view of the characteristics of living cultures, the Seller asks the Customer to check the culture’s condition immediately after receipt, preferably during the first fermentation trials.

    If, within 7 days of receipt, the Customer notices an irregularity suggesting that the culture was already in an unsuitable condition when handed over, please notify the Seller as soon as possible, preferably with a photograph and a brief description of the circumstances of use.

    The 7-day period is intended for practical checking of the living culture’s initial condition and, where necessary, prompt assistance; it is not the consumer’s statutory warranty period and does not shorten the statutory deadlines for asserting claims.

    After the 7-day period, the Seller is not liable for deterioration demonstrably occurring after the product was handed over, particularly due to improper storage, handling, fermentation procedures, ingredients or water used, contamination, excessive heat, freezing, drying out or failure to follow the instructions for use.

    However, if a defect discovered later demonstrably existed at the time of performance, the consumer’s statutory warranty rights remain available subject to the statutory conditions.

    11.4 Product warranty

    In the event of a defective product, where the statutory conditions are met, the consumer may also assert a product warranty claim against the product’s manufacturer or distributor under the Hungarian Civil Code.

    11.5 Mandatory guarantee

    Products sold in the Webshop are subject to a mandatory guarantee only if the particular product falls within the scope of the legislation on mandatory guarantees in force at the relevant time. Living fermentation cultures not covered by the mandatory guarantee regime are not subject to a guarantee obligation on this basis.

    12. Liability and improper use

    The Seller is not liable for deterioration occurring after the product was handed over that was caused by the Customer’s improper storage, handling or use.

    In particular, damage caused by storage at an inappropriate temperature, freezing, drying out, contamination, inappropriate ingredients or water, or failure to follow the instructions for use and storage is outside the Seller’s responsibility, provided that the Seller performed in conformity with the contract at the time of performance.

    Fermented drinks made from Tibetan Kefir Grains or Japanese Water Kefir Grains are not medicines and do not replace medical treatment.

    Consumption of fermented drinks and cultures may cause individual sensitivity reactions. In the event of a health problem, the Customer should consult an appropriate healthcare professional.

    The Seller is not liable for delays or defective performance caused by unavoidable events outside the Seller’s control (force majeure).

    13. Complaints handling and remedies

    The Customer may submit a complaint using the following details:

    • E-mail: info@kefirgomba.eu
    • Telephone: +36 20 552 7092
    • Postal address: 1141 Budapest, Kalauz utca 7., Hungary

    The Seller examines oral complaints immediately and remedies them where necessary. If the consumer disagrees with the handling of the complaint, or immediate investigation is not possible, the Seller draws up a record and makes a copy available to the consumer in accordance with legislation. Written complaints receive a substantive written response within 30 days of receipt, unless legislation specifies a different deadline.

    If a complaint is rejected, the Seller gives reasons and informs the consumer in writing of the authority or conciliation board procedure available according to the nature of the matter, and the competent body's contact details.

    The Seller is obliged to cooperate in conciliation board proceedings as required by law.

    If the Seller does not resolve the complaint satisfactorily, the consumer may contact a conciliation board or the competent consumer protection authority in accordance with legislation.

    The competent conciliation board:

    Budapest Conciliation Board
    1016 Budapest, Krisztina körút 99., 1st floor, room 111., Hungary
    Postal address: 1253 Budapest, Pf. 10., Hungary
    Telephone: +36 1 488 2131
    Website: https://bekeltet.bkik.hu
    E-mail: bekelteto.testulet@bkik.hu

    The consumer may also contact the conciliation board competent for their place of residence or stay.

    Information concerning the former European Union Online Dispute Resolution Platform does not form part of these GTC.

    14. Copyright

    The entire content of the Webshop, in particular texts, images, graphics, logos, individual solutions and other content, is the intellectual property of the Seller or the respective rights holder. Unauthorised copying, distribution, commercial use or other use of the Webshop’s content is prohibited.

    15. Final provisions

    Matters not governed by these GTC are subject to applicable Hungarian legislation.

    In particular, the following apply:

    • Act V of 2013 on the Civil Code.
    • Government Decree 45/2014 (II. 26.) on detailed rules for contracts between consumers and businesses.
    • Government Decree 373/2021 (VI. 30.) on detailed rules for contracts between consumers and businesses for the sale of goods and the supply of digital content and digital services.
    • Act CVIII of 2001 on certain issues concerning electronic commerce services.
    • Act CXXVII of 2007 on Value Added Tax.
    • Legislation on postal services and postal delivery in force at the relevant time.
    • Other legislation applicable to the particular transaction.

    If any provision of these GTC is found to be invalid or unenforceable, this does not affect the validity and effect of the remaining provisions.

    The Seller may amend these GTC. Amended GTC take effect upon publication in the Webshop or on the date specified therein. Amendments do not affect contracts formed before they take effect.

    Appendix 1: Model withdrawal form

    (To be completed and returned by the consumer only if they wish to exercise the right of withdrawal.)

    To:
    Farkas Tibor, sole proprietor
    1141 Budapest, Kalauz utca 7., Hungary
    E-mail: info@kefirgomba.eu

    I hereby give notice that I exercise my right of withdrawal from my contract of sale of the following product:

    Product name:
    Order date:
    Date of receipt:
    Consumer’s name:
    Consumer’s address:
    Date:
    Consumer’s signature (only for a statement submitted on paper):