Lost Garden

1. SERVICE PROVIDER INFORMATION

• Name of the Service Provider: Lost Garden Biotechnological Kft.
• Registered office (and location for complaint management): 7635 Pécs, Nagyszkókói út 40.
• Service Provider’s contact information (regularly used email address for communication with users):info@lostgarden.hu
• Company registration number: 02 09 088311
• Tax number: 32544664-2-02
• Language of the contract: Hungarian

Hosting Service Provider Details:

• Name: MarkCon Informatikai Kft.
• Address: 7633 Pécs, Móré Fülöp u 33.
• Tax number: 13755762-2-02
• Company registration number: 02 09 070857
• Email address: info@markcon.hu 

2. BASIC PROVISIONS

2.1. Issues not regulated in this GTC and the interpretation of this GTC shall be governed by Hungarian law, with particular reference to Act V of 2013 on the Civil Code (“Ptk.”), Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (“Elker. tv.”), and Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. For specific products, relevant sectoral legal provisions shall apply. The mandatory provisions of applicable laws shall apply to the parties without specific stipulation.

2.2. This GTC is effective as of May 22, 2024, and remains in effect until withdrawn. Any amendments to this GTC will be published by the Service Provider on the website and registered users or previous buyers will be notified via email. Amendments do not affect contracts concluded earlier and do not have retroactive effect.

2.3. The Service Provider reserves all rights concerning the website, any part thereof, and the content displayed on it, as well as the distribution of the website. It is prohibited to download, electronically store, process, or sell any content or part of the website without the written consent of the Service Provider (except for this document and the Privacy Policy).

2.4. The Service Provider assumes no responsibility for the sale of products advertised or published on websites not operated by or associated with the Service Provider.

3. REGISTRATION / PURCHASE

3.1. If false or third-party-related data is provided during the use/purchase/subscription of the service, the resulting electronic contract may be challenged in court by the entitled party. Upon successful challenge (court ruling in favor), the contract will be deemed void from the time of its conclusion. If the contract conceals another agreement, the rights and obligations of the parties will be determined based on the concealed agreement.

3.2. The Service Provider is not responsible for any delivery delays or other issues and errors arising from incorrect and/or inaccurate data provided by the User. However, the Service Provider informs Users that, after consulting with and clearly identifying the User, incorrect data can be corrected in the order to ensure smooth invoicing and delivery.

3.3. The Service Provider is not liable for damages resulting from the User forgetting their password or if the password becomes accessible to unauthorized persons for reasons not attributable to the Service Provider (in cases where registration is required on the site).

4. RANGE OF PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE AND PRICING

4.1. The displayed products can be ordered online via the webshop (in some cases via phone or email). Prices displayed for the products are in Hungarian Forints (HUF), include VAT (gross prices), and represent the total amount payable unless otherwise stated (e.g., VAT-exempt invoices). Shipping and payment-related fees are not included. There are no additional packaging costs unless the User requests decorative or special packaging.

4.2. The webshop provides detailed information about the products, including names, descriptions, and photos (if available).

4.3. If a promotional price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration. The Service Provider sets promotional prices lawfully, adhering to the regulations outlined in the Joint Decree No. 4/2009 (I. 30.) of NFGM-SZMM on displaying sales prices, unit prices of products, and service fees.

4.4. If, despite the Service Provider’s due diligence, a price is displayed on the Webshop for which the Service Provider does not intend to contract, the Service Provider is not obligated to confirm the order at that price. Instead, the Service Provider may reject the offer and propose a corrected price for confirmation. The User has the right to decline the revised offer.

Under the provisions of Act V of 2013 on the Civil Code, a contract is formed through the mutual and congruent expression of the parties’ will. If the parties cannot agree on the terms of the contract—i.e., there is no mutual and congruent expression of intent—there is no validly concluded contract, and no rights or obligations arise. 

5. ORDERING PROCESS

5.1. Users may start shopping without registration.

5.2. The User sets the desired quantity for the product(s) they wish to purchase.

5.3. The User adds the selected products to the cart. At any time, the User can view the cart contents by clicking on the “cart” icon.

5.4. If the User does not wish to add more products, they verify the quantities of the selected items. Items can be removed from the cart by clicking the “delete” (x) icon. To finalize quantities, the User clicks the “+/-” icons.

5.5. The User provides the shipping address and selects the shipping/payment method from the following options:

5.5.1. Payment Methods:

• Online Credit Card Payment: Users can pay the total order amount online via credit card using the secure payment system provided by the financial service provider engaged by the Service Provider.

Credit Card Payment Using Stripe Application:

I acknowledge that my personal data stored in the user database of Lost Garden Kft. at https://lostgarden.hu will be transferred to Stripe, as the data processor. The scope of the data transferred by the data controller includes the following: Billing name and address, email, and phone number.

The nature and purpose of the data processing performed by the data processor can be reviewed in the Stripe Privacy Policy available at the following link:  

5.5.2. Shipping Costs in Hungary (Gross Amounts):

For orders under 30,000 HUF:

• Home Delivery (GLS): 1,800 HUF

• Parcel Point (GLS): 900 HUF

• Home Delivery (MPL): 1,200 HUF

• Parcel Point (GLS): 950 HUF

For orders above 30,000 HUF, all delivery methods are free of charge in Hungary! 

5.6. The final payable amount includes all costs, as summarized in the order and confirmed in the acknowledgment email. The User is obliged, under Section 6:127 of the Hungarian Civil Code, to promptly verify the quality and quantity of the ordered product(s). Delivery of the product(s) occurs on business days between 8:00 AM and 5:00 PM. 

5.7. After entering the required details, the User can submit the order by clicking the “Order” button. However, prior to submission, they may review the entered data, include additional notes related to their order, or communicate further requests regarding the order via email. 

5.8. By placing an order, the User acknowledges that, pursuant to Section 15 and other conditions (e.g., Section 20) of Government Decree 45/2014 (II. 26.), a payment obligation arises with the submission of the order. 

5.9. Correction of Input Errors:
The User can always navigate back to previous stages of the ordering process before finalizing it to correct entered data. Specifically: During the ordering process, the User can view and modify the cart contents. If the cart does not reflect the desired quantities, the User can adjust the numbers in the quantity input field. To delete items from the cart, the User can click the “x” button. Throughout the ordering process, the User can continuously correct or delete the entered data. Additionally, the User can request corrections to any errors after submitting the order by contacting the Service Provider via phone or email.

5.10. After submitting the order, the User will receive an email confirmation. If this confirmation does not arrive within the expected timeframe, depending on the nature of the service but no later than 48 hours, the User is released from their offer or contractual obligations. The order and its confirmation are deemed received by the Service Provider and the User when they become accessible. The Service Provider disclaims responsibility for any failure to receive confirmation on time if it is due to the User providing an incorrect email address during registration or insufficient storage space in the User’s email account. 

5.11. The User acknowledges that the confirmation mentioned in the previous point is an automated acknowledgment and does not constitute a contract. The contract is established when the Service Provider, after the automated acknowledgment, sends another email detailing the order and the expected fulfillment.

6. ORDER PROCESSING AND FULFILLMENT

6.1. Orders are processed during business hours. Orders can also be placed outside the indicated processing times; however, if submitted after business hours, they will be processed on the next business day. The Service Provider will confirm electronically in all cases when the order can be fulfilled.

6.2. The general fulfillment deadline is within 1 business day from the establishment of the contract.

6.3. Based on the sales contract, the Service Provider is obligated to transfer ownership of the item, and the User is obligated to pay the purchase price and take possession of the item.

6.4. If the seller is a business and the buyer is a consumer, and the seller agrees to deliver the item to the buyer, the risk of damage passes to the buyer when the buyer or a third party designated by them takes possession of the item. The risk of damage passes to the buyer upon transfer to the carrier if the carrier was commissioned by the buyer, provided that the carrier was not recommended by the seller.

6.5. In the event of a delay by the Service Provider, the User is entitled to set an additional deadline. If the seller fails to fulfill the order within this additional period, the buyer is entitled to withdraw from the contract.

6.6. The User is entitled to withdraw from the contract without setting an additional deadline if:
a) The Service Provider has refused to fulfill the contract; or
b) The contract should have been fulfilled at a specified time, as agreed by the parties or due to the recognizable intended purpose of the service, and cannot be fulfilled at another time.

6.7. If the Service Provider fails to fulfill its contractual obligation because the specified product is not available, the Service Provider must promptly inform the User and refund any amount paid by the User without delay. Additionally, the Service Provider must ensure that the User can enforce their other rights guaranteed by law in the event of defective performance.

6.8. The Service Provider draws the Users’ attention to the fact that failure to take delivery of the duly fulfilled ordered product(s) (regardless of the payment method) constitutes a breach of contract, specifically resulting in the User being in default under Section 6:156(1) of the Civil Code.

This means that, under the rules of management without mandate, if the Consumer does not indicate their intention to withdraw (and does not make a statement regarding whether they intend to accept the ordered product(s)), the Service Provider is entitled to enforce the usual costs of storing the product(s) and the shipping costs (both to and from the User) against the User.

The Service Provider also notifies Users that, to enforce its legal claims arising from such breaches of contract, it will involve a debt collection agency and/or legal counsel. Consequently, the User will also be responsible for additional (legal) costs resulting from the breach of contract, including the fees of payment order proceedings.

7. RIGHT OF WITHDRAWAL

7.1. According to Directive 2011/83/EU of the European Parliament and of the Council and the provisions of Government Decree 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and businesses, Consumers are entitled to a right of withdrawal without justification.

The Consumer may exercise their right of withdrawal or termination:

a) In the case of a contract for the sale of a product:

• aa) upon receipt of the product,
• ab) in the case of multiple products purchased together but delivered at different times, upon receipt of the last product delivered,
• ac) in the case of a product consisting of multiple items or pieces, upon receipt of the last item or piece delivered,
• ad) if the product is to be delivered regularly within a defined period, upon receipt of the first delivery.

The Consumer can exercise the right of withdrawal within fourteen days from the day they or a third party, other than the carrier and designated by them, receives the product.

If the Service Provider fails to provide the necessary information regarding the right of withdrawal, the 14-day withdrawal period is extended by twelve months. If the Service Provider provides the information within 12 months after the 14-day period has elapsed, the withdrawal period is 14 days from the date the information is provided.

7.2. The Consumer may exercise the right of withdrawal by making an unambiguous declaration or using the model declaration form specified in Annex 2 of Government Decree 45/2014 (II.26.).

7.3. The withdrawal period expires 14 days after the Consumer or a third party other than the carrier, designated by the Consumer, takes possession of the product.

7.4. The Consumer may also exercise the right of withdrawal in the period between the conclusion of the contract and the receipt of the product.

7.5. The Consumer shall bear the direct cost of returning the product unless the business has agreed to bear this cost.

7.6. When exercising the right of withdrawal, the Consumer shall not bear any other costs apart from the direct cost of returning the product.

7.7. The right of withdrawal does not apply to Consumers in the case of products not prefabricated, made at the Consumer’s request or clearly personalized.

7.8. The Consumer may not exercise the right of withdrawal for:
a) Service contracts where the service has been fully performed, provided the performance began with the Consumer’s explicit prior consent and acknowledgment that they lose the right of withdrawal upon full performance.
b) Goods or services whose price depends on financial market fluctuations beyond the control of the business, which may occur during the withdrawal period.
c) Goods that are not prefabricated, made at the Consumer’s request or clearly personalized.
d) Perishable goods or goods with a short shelf life.
e) Sealed goods that, for health protection or hygiene reasons, cannot be returned after being unsealed.
f) Goods that, by their nature, are inseparably mixed with other goods after delivery.
g) Alcoholic beverages whose value depends on fluctuations in the market and which were agreed upon at the time of concluding the contract but are delivered only after 30 days.
h) Contracts where the business visits the Consumer at their explicit request for urgent repair or maintenance.
i) Sealed audio or video recordings and computer software if the seal has been broken after delivery.
j) Newspapers, periodicals, or magazines, except for subscription contracts.
k) Contracts concluded at public auctions.
l) Accommodation services, transport of goods, car rental, catering, or leisure services if the contract specifies a performance date or deadline.
m) Digital content not supplied on a tangible medium, provided the performance began with the Consumer’s prior explicit consent and acknowledgment that they lose the right of withdrawal after performance begins.

7.9. The Service Provider will refund the Consumer’s payment, including delivery costs, without delay and no later than 14 days from the receipt of the Consumer’s withdrawal notification. However, the Service Provider may withhold the refund until the product is returned or the Consumer provides proof of return.

7.10. Refunds will be made using the same payment method as the original transaction unless the Consumer explicitly agrees otherwise. No additional costs will be incurred by the Consumer for the refund.

7.11. The Consumer must return the product(s) to the Service Provider without undue delay and no later than 14 days from notifying the withdrawal. If the business also sells products in physical locations, the Consumer can return the product in person at the business location.

7.12. For written withdrawal, the Consumer only needs to send the withdrawal statement within the 14-day period.

7.13. The Consumer meets the deadline if they return or hand over the product(s) before the 14-day period expires. The return is deemed timely if the product is sent before the deadline.

7.14. The Consumer bears only the direct cost of returning the product.

7.15. The Service Provider is not obligated to reimburse additional costs incurred if the Consumer selects a delivery method other than the least expensive standard delivery method offered.

7.16. The refund may be withheld until the Service Provider receives the product(s) back or until the Consumer provides proof of return, whichever comes first.

7.17. The Consumer may indicate their intention to withdraw through any of the Service Provider’s contact details in writing (including using the attached withdrawal form), by phone, or in person. For postal notifications, the date of mailing is considered; for phone notifications, the date of the call is decisive. The Consumer can return the ordered product by post or courier service to the Service Provider.

7.18. The Consumer is liable for any depreciation in value resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the product.

7.19. The detailed rules of contracts between Consumers and businesses under Government Decree 45/2014 (II.26.) can be found [here].

7.20. Directive 2011/83/EU of the European Parliament and the Council can be found [here].

7.21. Consumers may contact the Service Provider with other complaints using the contact details provided in this Terms and Conditions document.

7.22. The right of withdrawal applies only to Users qualifying as Consumers under the Civil Code.

7.23. The right of withdrawal does not apply to businesses acting within their professional, independent, or business activity.

7.24. (Applicable only if the Service Provider offers services in addition to product sales.) If the Consumer terminates the contract after performance has begun, they must pay for the proportionate cost of the services provided up to the date of termination. The proportional amount is calculated based on the total price, including taxes, specified in the contract. If the Consumer can prove that the calculated amount is excessive, the proportional amount will be determined based on the market value of the services provided up to the contract termination date.

7.24. Process for Exercising the Right of Withdrawal:

7.24.1. If the Consumer wishes to exercise the right of withdrawal, they must notify the Service Provider through the available contact details.

7.24.2. The Consumer exercises their right of withdrawal within the deadline if they send their withdrawal statement before the 14th day following receipt of the product. For written withdrawal, it is sufficient to send the withdrawal statement within 14 days. For postal notifications, the date of mailing is taken into account, while for email notifications, the time of sending the email is considered.

7.24.3. In the event of withdrawal, the Consumer must return the ordered product to the Service Provider’s address without undue delay, but no later than 14 days after notifying their withdrawal. The deadline is deemed met if the product is sent before the 14-day period expires (i.e., the product does not need to arrive within 14 days). The Consumer bears the direct costs associated with returning the product due to the exercise of the right of withdrawal. If the business sells the product in a physical store and the Consumer exercises their right of withdrawal in person at the store, they are entitled to return the product simultaneously.

7.24.4. The Service Provider is not obligated to reimburse the Consumer for any additional costs arising from the choice of a delivery method other than the least expensive standard delivery method offered by the Service Provider. The Consumer can also exercise their right of withdrawal during the period between the conclusion of the contract and the receipt of the product.

7.24.5. When purchasing multiple products, if the delivery of individual products occurs at different times, the Consumer may exercise their right of withdrawal within 14 days of receiving the last delivered product, or in the case of products consisting of multiple items or pieces, the last delivered item or piece. 

8. WARRANTY

Faulty Performance

The obligor is considered to have performed faultily if the service at the time of delivery does not meet the quality requirements set forth in the contract or by law. The obligor does not perform faultily if the entitled party was aware of the fault at the time of contract conclusion, or if the fault should have been known to the entitled party at that time.

In contracts between Consumers and businesses, any clause that deviates from the rules on warranty and guarantee to the disadvantage of the Consumer is void.

Implied Warranty

8.1. When can the User exercise their implied warranty rights?
The User may enforce their implied warranty claim against the Service Provider in the event of faulty performance by the Service Provider, in accordance with the provisions of the Civil Code.

8.2. What rights does the User have under the implied warranty claim?
The User may, at their discretion, request repair or replacement, unless the chosen remedy is impossible or would result in disproportionate additional costs for the business compared to other remedies. If repair or replacement is not requested or cannot be requested, the User may demand a proportionate reduction in the purchase price or, as a last resort, terminate the contract. The User may switch from one implied warranty right to another, but the cost of switching must be borne by the User unless justified by circumstances or initiated by the business.

The Consumer is entitled to demand a proportionate reduction in the purchase price or terminate the sales contract – depending on the severity of the breach – if:
a) The business fails to repair or replace the product or does so partially or inadequately, including disassembly and reinstallation;
b) Repeated performance failures occur despite attempts to rectify the issue;
c) The defect is so significant that immediate price reduction or contract termination is justified; or
d) The business refuses to rectify the product or it becomes evident that it will not be rectified within a reasonable time or without causing significant inconvenience to the Consumer.

If the Consumer wishes to terminate the contract due to faulty performance, the business must prove that the defect is minor.

The Consumer may withhold part or all of the purchase price in proportion to the breach until the business fulfills its obligations related to proper performance and warranty.

The reasonable time for repair or replacement begins when the Consumer notifies the business of the defect. The Consumer must make the product available to the business for repair or replacement.

The business must cover the cost of retrieving the replaced product. If repair or replacement requires the removal of an installed product, the business must bear the cost of removal, reinstallation, or the replacement product’s installation.

8.3. What is the deadline for asserting an implied warranty claim?
The User (if considered a Consumer) must notify the defect immediately upon discovery, but no later than two months after discovering the defect. However, implied warranty rights cannot be enforced beyond the two-year limitation period from the date of performance (one year for businesses or used products). For products with an expiration date, the implied warranty applies until the expiration date.

For goods with digital elements and contracts specifying ongoing digital content or services, the business is liable for defects:
a) Within two years of delivery for services lasting up to two years; or
b) Throughout the duration of the service for those exceeding two years.

8.4. Who can the User enforce their implied warranty claim against?
The User may enforce their implied warranty claim against the Service Provider.

8.5. Are there any additional conditions for exercising implied warranty rights (if the User qualifies as a Consumer)?
Within one year of performance, the User only needs to report the defect to enforce the implied warranty claim. After one year, the User must prove that the defect already existed at the time of performance.

Product Warranty

8.6. When can the Consumer exercise their product warranty rights, and what rights do they have under such a claim?

In the event of a defect in a movable object, the Consumer may choose to exercise either their implied warranty rights or their product warranty claim under the provisions of the Civil Code.

As a product warranty claim, the Consumer may request the repair or replacement of the defective product.

8.7. Against whom can the Consumer enforce their product warranty claim?

The Consumer may enforce their product warranty claim against the manufacturer or distributor of the product (hereinafter collectively referred to as the “manufacturer”).

8.8. When is a product considered defective?

A product is considered defective if it does not meet the quality requirements valid at the time of its release for sale or if it does not have the properties described by the manufacturer.

8.9. What is the time limit for enforcing a product warranty claim?

The Consumer may enforce their product warranty claim within two years from the date the product was released for sale by the manufacturer. After this period, they lose this right.

8.10. What are the rules of proof for enforcing a product warranty claim?

When enforcing a product warranty claim, the Consumer must prove that the defect existed at the time the product was released for sale by the manufacturer.

8.11. Under what circumstances is the manufacturer exempt from product warranty obligations?

The manufacturer is exempt from product warranty obligations if they can prove that:

• The product was not manufactured or released for sale in the course of their business activities, or
• The defect could not have been detected based on the state of science and technology at the time of its release for sale, or
• The defect is due to the application of a law or a mandatory regulatory requirement.

To be exempt, the manufacturer needs to prove just one of these reasons.

Note: The Consumer may simultaneously and independently enforce both implied warranty claims against the business and product warranty claims against the manufacturer for the same defect. If the Consumer successfully enforces their product warranty claim, they can only enforce their implied warranty rights concerning the replaced product or the part affected by the repair against the manufacturer thereafter.

8.12. In contracts between Consumers and businesses, unless proven otherwise, it is presumed that any defect identified by the Consumer within one year of delivery already existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect. Based on this, the Service Provider is not liable for warranty or guarantee claims if they can prove that the damage resulted from improper or negligent handling, excessive use, impacts not in accordance with the specified conditions, or other improper use of the products after the risk of damage has passed.

9. PROCEDURE FOR HANDLING WARRANTY CLAIMS
(FOR USERS QUALIFYING AS CONSUMERS)

9.1. In contracts between consumers and businesses, the parties cannot deviate to the Consumer’s detriment from the procedural rules for handling warranty and guarantee claims for goods sold under such contracts, as regulated by Decree 19/2014 (IV. 29.) NGM.

9.2. It is the Consumer’s responsibility to prove the conclusion of the contract (via invoice or receipt).

9.3. The costs associated with fulfilling the warranty obligation are borne by the Service Provider (Civil Code § 6:166).

9.4. The Service Provider is obliged to record a report regarding any warranty or guarantee claim reported by the Consumer.

9.5. A copy of the report must be provided to the Consumer immediately, in a verifiable manner.

9.6. If the Service Provider cannot provide a statement regarding the fulfillment of the Consumer’s warranty or guarantee claim at the time of reporting, they must notify the Consumer of their position within five working days, including reasons for rejection and information on the possibility of approaching a conciliation body.

9.7. The Service Provider is required to retain the report for three years from the date of its recording and must present it to the supervisory authority upon request.

9.8. The Service Provider must strive to complete repairs or replacements within 15 days. If the duration exceeds 15 days, the Service Provider must inform the Consumer about the expected duration of the repair or replacement. This notification must be made electronically or in another verifiable manner, subject to the Consumer’s prior consent.

10. MISCELLANEOUS PROVISIONS

10.1. The Service Provider is entitled to use a third party for fulfilling their obligations. The Service Provider is fully responsible for the unlawful conduct of such third parties as if they had committed the unlawful act themselves.

10.2. If any part of this Terms and Conditions (T&C) becomes invalid, unlawful, or unenforceable, it does not affect the validity, legality, or enforceability of the remaining parts.

10.3. Failure by the Service Provider to exercise any right under this T&C does not constitute a waiver of that right. Any waiver of rights is valid only if expressly made in writing. Failure to strictly enforce any provision of this T&C does not mean that the Service Provider waives the right to enforce such provisions in the future.

10.4. The Service Provider and the User shall seek to resolve disputes amicably.

10.5. The parties agree that the Service Provider’s webshop operates in Hungary, and its maintenance is also conducted there. Since the site can be accessed from other countries, users explicitly acknowledge that Hungarian law governs the relationship between the user and the Service Provider. If the user is a Consumer, disputes arising from this contract shall fall under the exclusive jurisdiction of the court at the Consumer’s domestic residence, according to § 26 (1) of the Civil Procedure Act.

10.6. The Service Provider does not apply differing general access conditions for accessing products available in the webshop based on the User’s nationality, residence, or place of establishment.

10.7. The Service Provider does not impose differing conditions for payment transactions—among the accepted payment methods—based on the User’s nationality, residence, place of establishment, the location of the payment account, the location of the payment service provider, or the location of issuance of cash-substitute payment instruments within the EU.

10.8. The Service Provider complies with Regulation (EU) 2018/302 of the European Parliament and Council on addressing unjustified territorial-based content restrictions and other forms of discrimination within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC.

11. COMPLAINT HANDLING PROCEDURE
(FOR USERS QUALIFYING AS CONSUMERS)

11.1. Our store aims to fulfill all orders in high quality and to the full satisfaction of the customers. However, if the User has any complaints regarding the contract or its performance, they may submit their complaint via the above-mentioned phone number, email address, or by mail.

11.2. The Service Provider shall immediately investigate and, if necessary, resolve verbal complaints. If the customer disagrees with the handling of their complaint or the immediate investigation of the complaint is not feasible, the Service Provider shall record the complaint and its position regarding the complaint in a report and immediately provide a copy of the report to the customer.

11.3. The Service Provider shall respond to written complaints substantively within 30 days in a verifiable manner and shall take measures to communicate this response. If the complaint is rejected, the Service Provider shall provide justification. The Service Provider shall retain the complaint report and a copy of the response for 3 years and present them to supervisory authorities upon request.

11.4. Please be informed that if your complaint is rejected, you may initiate proceedings with an administrative or conciliation body as follows (the Service Provider has not made a general submission statement):

11.5. Consumers may submit complaints to the consumer protection authority:

Under Sections 45/A (1)-(3) of Act CLV of 1997 on Consumer Protection and Government Decree 387/2016 (XII. 2.) on the designation of the consumer protection authority, the general consumer protection authority is the government office:
https://kormanyhivatalok.hu/kormanyhivatalok

11.6. Consumers also have the option to turn to a conciliation body in case of a complaint. The contact details of conciliation bodies can be found here:

11.7. The Conciliation Body is responsible for resolving consumer disputes out of court. Its task is to facilitate an agreement between the parties to resolve the consumer dispute, and in the absence of such an agreement, to make a decision in the matter to ensure the simple, quick, efficient, and cost-effective enforcement of consumer rights. Upon the request of the Consumer or the Service Provider, the Conciliation Body also provides advice on consumer rights and obligations.

In the conciliation proceedings, if no agreement is reached, the panel will:

a) Issue a binding decision if:

aa) The application is well-founded, and the business—based on its general submission statement under Section 36/C, registered with the Conciliation Body or the chamber, or communicated in its commercial materials—acknowledged the binding nature of the Conciliation Body’s decision at the beginning of the proceedings or no later than the time of the decision.

ab) The business has not made a submission statement, but the application is well-founded, and the consumer’s claim—neither at the time of the application nor when the decision is made—exceeds two hundred thousand forints.

b) Make a recommendation if the application is well-founded, but the business declared at the beginning of the proceedings that it does not recognize the panel’s decision as binding or made no statement regarding the recognition of the decision.

11.8. In the case of cross-border consumer disputes related to online sales or service contracts, the conciliation body operated by the chamber designated by the minister responsible for consumer protection in a decree will be competent.

11.9. In case of a complaint, the Consumer may use the European Union’s online dispute resolution platform. Using the platform requires simple registration in the system of the European Commission, accessible via this link. After logging in, the Consumer can submit their complaint through the online website at: http://ec.europa.eu/odr.

11.10. The business has a cooperation obligation in the conciliation proceedings, which includes providing its response to the Conciliation Body within the time frame and content specified by the Consumer Protection Act (Fgytv). Except for the application of the 524/2013/EU Regulation of the European Parliament and Council of May 21, 2013, on the online resolution of consumer disputes, as well as the amendments of Regulations 2006/2004/EC and 2009/22/EC, the business must ensure the participation of a person authorized to create an agreement during the hearing. In the case of online hearings, the business’s representative authorized to create an agreement must participate online. If the Consumer requests a personal hearing, the business’s representative authorized to create an agreement must participate online at a minimum.

11.11. If the Consumer does not turn to the Conciliation Body or the proceedings do not result in an agreement, the Consumer has the option to approach a court for the resolution of the dispute. The lawsuit must be initiated with a statement of claim, which must include the following information:

• The court of jurisdiction;
• The names, addresses, and legal positions of the parties and their representatives;
• The right being asserted, supported by the relevant facts and evidence;
• Information establishing the court’s jurisdiction and competence;
• A clear request for the court’s decision.

The statement of claim must be accompanied by the document(s) or their copies referred to as evidence. 

12. COPYRIGHT

12.1. As the website https://lostgarden.hu qualifies as a copyrighted work, it is prohibited to download (reproduce), publicly distribute, use, electronically store, process, or sell the contents or any part thereof without the written consent of the Service Provider—except for legal documents, as Users may download, store, and use the Terms and Conditions and the Privacy Notice without any restrictions or conditions.

12.2. Any material from the https://lostgarden.hu website and its database may only be used with written consent and with a reference to the respective website.

12.3. The Service Provider reserves all rights to all elements of its service, its domain names, the subdomain names formed with these, and its online advertising surfaces.

12.4. It is prohibited to adapt or reverse-engineer the content of the https://lostgarden.hu website or its parts; to improperly create user IDs and passwords; or to use any application that modifies or indexes the website or its parts.

12.5. The name https://lostgarden.hu is under copyright protection, and its use, apart from references, is only possible with the Service Provider’s written consent.

12.6. Users acknowledge that unauthorized use will result in the Service Provider being entitled to a penalty. The penalty amounts to HUF 60,000 gross per image and HUF 20,000 gross per word. In the case of copyright infringement, the Service Provider will apply notarial certification, the cost of which will also be borne by the infringing user.

13. DATA PROTECTION

The website’s privacy policy is available at the following page: https://lostgarden.hu/hu/adatkezelesi-tajekoztato/

Pécs, September 22, 2024. 

—

Sample Withdrawal Statement

(Please fill out and return this form only if you wish to withdraw from the contract)

Recipient (name, postal address, email address, fax number, phone number):
Lost Garden Biotechnológiai Kft.,
7635 Pécs, Nagyszkókói út 40.,
info@lostgarden.hu,
+36 30 528 2914

I, the undersigned, hereby declare that I withdraw from the sale of the following goods:

Order date / Date of receipt:

Name(s) of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only in case of written notification):

Date: