The webshop operator is Flower For You Ltd.
Company registration number: 01-09-983702
VAT number: 23909319-2-42
Bank Account Number: 10300002-10624886-49020015 MKB BANK
The e-commerce law
2001th CVIII .law deals with certain aspects of the law of electronic commerce services and information society services by the National development of electronic commerce to promote economic development is by and for the information society and related services to improve the Hungarian economys international competitiveness , and electronic trade relations to protect the rights of consumers in order to make up the following law in line with EU law: the scope of the Act § 1 ( 1 ) the provisions of this Act shall apply to: . to the territory of the Republic of Hungary, as well as in the field of information society services relating to the Republic of Hungary , b. service as defined in paragraph a) as regards the recipient or service provider deemed natural or legal person or entity without legal personality .
Second hypothesis ( 2 ) of paragraph ( 1 ) a) does not extend to information society services within the European Union Member States relating to the service.
( 3 ) This Act does not apply to judicial or other official proceedings to and use of information society services and does not affect the application of the legislation on the protection of personal data.
( 4 ) This Act does not extend to the e-mail address and maintain the private electronic correspondence .
Purposes of this Act : a. E-commerce services: an information society service , which aims to the business of sale , purchase , exchange of goods or services , b. Electronic means : electronic data processing, storage , transmission via cable , radio communications , optical or other electromagnetic means of carrying c . Services provided from the territory of EU Member States: Headquarters in the premises or place of residence in the territory of any Member State of the European Unions information society services by performing the actual activity related to the specific features related to information society service providers d. RECIPIENTS: an individual or legal person or unincorporated organization who / which takes an information society service, e. Information: electronically processed, stored, transmitted any data, signal, image without regard to the content of the legal protection by; f . Information society services: services provided electronically, to recipients at distance, in return for payment, which is the use of the recipient, individually initiated, and without all the consideration, to services provided to the individual initiative of the recipient that the service provider or the recipient part, were not included in the scope ofexercising the freedom of expression guaranteed by the Constitution g . Service on the territory of the Republic of Hungary means any service, of which are likely intended to be accessible to users in Hungary on the basis of the language used, currency and other conditions h . Service provided from the territory of the Republic of Hungary: headquarters, premises or place of residence in the territory of the Republic of Hungary to the information society by carrying out activities related to the actual service provider for that information society service; i .Provider: Individual or legal person or unincorporated organization of an information society service provider.
The prior authorization exclusion principle
( 1 ) Information society services can be carried out by any individual or legal person or unincorporated organization .
( 2 ) Paragraph ( 1 ) does not affect the qualification, certification , licensing or notification activity for which the information society service provider is otherwise required by law .
The reporting of information society services
( 1 ) The service provider is obligated to publish electronically, directly and continuously ,in an easily accessible way in Hungarian at least the following information:
a. the providers name , if the provider is not an individual, the name of the representative as well, b . the service provider’s address , location , premises , c. the service provider’s contact details ,especially the e-mail address used for contacts with customers in regular use , d. if there is a law that requires the service provider’s registration according to the business registration law , the registration number and the name of the service provider has registered the registration authority; e . When a provider is required under law to be licensed, that fact is acknowledged in the legislation, acknowledged and availability of the supervisory authority, and license number of the inspection authority f . Where the activities of professional or ethical standards prevail, a reference to the indication of their availability; g . The service tax number h . the event of a service - connected to the service - a member of the professional body , in the name of , i) .If the provider or any member of the organization is a member or the leader of any, scientific or professional union –with any corelation to the service - any, scientific or professional degree and obtaining location j . Accreditation or certification if the provider is required by law to document certification and accreditation details, contact details, k . Connection to the service in 1997 on consumer protection . Act CLV . Act 8 § has the correct information.V
( 2 ) The information society services rendered and binding consideration , and the consideration of how the performance of the service provider shall be directly and permanently accessible by electronic means in such a manner that the content of the information is clear and easy to understand . In particular, inform the recipient whether the payment includes or not all applicable dues to it or if any costs burden the recipient regarding the cost of the delivery.
( 3 ) The supplier is obliged to provide general information on the use of information systems security degree of a risk to the user factors and the precautions to be taken by him .
( 1 ) General terms and conditions of the provider of an information society service is required prior to the offer to conclude contracts by electronic means sending in a way accessible , allowing for users to store and reproduce them.
( 2 ) The provider in paragraph ( 1 ) ,in the 4. §- , and in addition to the information required in obligation of , and other legal tender by the customer sending an obligation to clearly inform the recipient :
a. about the technical steps that must be taken to conclusion of the contract electronically , b. ensure that the agreement constitutes a written contract , the provider filed to the contract and that the contract filed later will be available c . assets prior to the contract notice sent to identify and correct input errors, the data provided d . the conclusion of the contract and the contract s language , e . on the - on service activities - Code of Conduct , which submits to that service , if any , and ensure that this code of conduct electronically where available .
In ( 3 ) a contract between the service provider and the consumer does not qualify as a recipient altered by mutual agreement of the parties, the provisions of
( 1 ) The service provider is required to provide appropriate , effective and accessible technical means to identify the recipients of the data -entry errors and correct bid can be made prior to submitting electronically. In the absence of such an asset to the recipients statement does not constitute an offer .
( 2 ) The provider shall provide the recipient s offer has been received by the customer immediately to confirm electronically. If this confirmation is not received by the recipient within 48 hours of the offer of sending the recipient , the recipient of the validity period is ended .
( 3 ) confirmation of the offer and shall be deemed received by the other Contracting Party when it becomes available for the .
( 4 ) In a contract between the service provider and the consumer does not qualify as a recipient of the parties may ( 1 ) - the provisions of paragraph ( 2 ), if agreed upon .
(5) ( 1) - ( 2 ) The provisions of , and in § 5 ( 1 ) and ( 2 ) shall not apply in cases established by declaration addressed exclusively in electronic mail or by equivalent means of communication contracts.
The liability of the operator
( 1 ) The service provider is responsible under the general rules of civil law, transmitted, stored or made available , jogsérelemért or damage caused by unlawful content information in the information society service .
( 2 ) Does not meet the service jogsérelemért or damage referred to in paragraph ( 1 ) , provided that they meet the 8-11 . Conditions specified in § , and 13 For infringement under § (1), 9-11 . Running the service under § 13 Procedure under § and acts in a manner that can generally be expected in the given situation.
(3) pursuant to paragraph ( 2 ) Exemption of the service provider does not exclude the possibility that the content of the right to information against the law have been violated is entitled to the needs arising from the infringement of claims of infringement prevention and cessation -related enforce against the company. This lawsuit pay the costs of the service provider related to the successful lawsuit is entitled to not be required .
( 4 ) The service 8-11 . Service as defined in § - in is not required in advance and regularly check the contents of the information it has just transmitted, stored, made available and is not obliged to seek facts or circumstances that indicate illegal activity to continue .
( 5 ) The service civil liability of 8-11 . Restriction does not affect the application of § penalties provided for under other legislation.
( 1 ) In an information society for services , which consists of the service to transmit or telecommunications network access ( simple data) , the provider will not be liable for damage caused by the contents of the transmitted information , if the information provided by the recipient of the telecommunications network :
a. the service provider does not initiate the transmission of information , b. not the service provider chooses the recipient of the transmission , and c . the service is not selected , or does not change the information which is transmitted .
( 2 ) The transmission of information and the access to make it possible (1 ) shall include the information transmitted intermediate and temporary automatic storage , if it is exclusively serve and the information is not stored for longer than is necessary for the transmission of information transmission events.
In an information society for services , which consists of the service provider shall forward the information provided by the recipient of the telecommunications network and essentially serves to make the other recipients of the initiative in information transmission more efficient , the service provider can not meet due to the information intermediate and temporary automatic storage damages if:
a. the provider does not change the information b . access to the stored information meets the criteria in relation to access to information , c. update the information in the buffer corresponds to the widely recognized and applied practice information update d . the intermediate storage does not interfere with the lawful use of technology data related to the use of information extraction, widely recognized and used, and e . the service immediately removes the information it holds or does not provide access to it , once they become aware that the information is original starting point of the data has been removed or the provision of access to terminated or that a court or other authority in the removal from the network or disabling access to ordered .
In the event of an information society service that consists of information provided by the service provider to the recipient , the provider will not be liable for damage caused by the contents of the information provided by the user, if:
a. is not aware of any unlawful conduct or that the information relating to that information violates anyones rights or legitimate interests b . is not aware of any facts or circumstances which were likely to unlawful conduct related to the information or that the information violates anyones rights or legitimate interests c . occupied homes as in a) and b) become aware of the information expeditiously to remove or not to provide access .
In the event of an information society service that consists in finding the information service provides tools to assist the recipient to the service provider will not be liable for damage caused by disclosure of the information in this way if:
a) is not aware of any unlawful behavior or whether relating to information that information violates anyones rights or legitimate interests , b) is not aware of any facts or circumstances which were likely to conduct relating to information are illegal or that the information violate anyones rights or legitimate interests c) as occupied homes in a) and b) become aware , acts expeditiously to remove or to access information to access prohibited.
The 10-11 . § § Based on the provisions of the service provider is not exempt from liability if the recipient acts on behalf of the service provider or the instructions .
Notify the offending information society service
(1) the claimant who is protected by the copyright laws of copyright works , performance, sound recording , art in audiovisual works , right existing database of information made available by the service provider violates (the holder) , full probative force or notarization contained notification to call the 9-11 . Removing information provider , as defined in § detrimental to the right content .
( 2 ) The notice shall include : a. the subject of the infringement and presumptive identification of the facts of the grievance , b. the information content of the data necessary to identify the offending c . the holder s name, address or registered office , telephone number and electronic mail address .
( 3 ) If the authorized agent is acting via the ( 1 ) - to perform notification under paragraph ( 2 ) representation in the proceedings authorizing notice and full probative force or power of attorney contained in a public document is attached .
Within 12 hours of receipt of the notification under paragraph ( 2 ) the service provider - - (4) ( 1 ) of recipients insurance information in violation of law to (hereinafter referred to as the recipients involved) in addition to the written information within three working days - be obliged to information specified in the notice or not to provide access to information towards the removal , and indicate that the removal was based on what offense is entitled to affirmative notification .
( 5 ) to refuse service to ( 1 ) - not provided or the information removed if the same information in respect of already acted on the same entitled or authorized agent of (3) Notification pursuant to a notification under paragraph ( 2 ) access to information in accordance with paragraph ( 4 ) , unless the removal or disabling access to the court or authority .
(6) The recipient concerned fully conclusive private deed or instrument of the public service may object to the removal of relevant information within 8 days of the information specified in paragraph (4) of receipt. The complaint must contain the following: a. identification of the removed or made inaccessible information , including the network address , which was previously available , and relevant to the recipients identity , § 4 of the Act , paragraph ( 1 ) a) - data e) and g) of b . reasoned statement that the information provided by the recipient of the notice is without prejudice to the rights-holder (2) .
The objection under paragraph ( 6 ) (7) Upon receipt of the provider of such information shall promptly be made available again , and this holder by sending the objection be notified , unless the removal or disabling access to the court or authority .
( 8 ) If the recipient is concerned, any admission or within the period specified in paragraph ( 6 ) does not put forward any objections or does not contain the data referred to in paragraph ( 6 ) , and a statement of the service provider access to information does not ensure or removal of the scope of information to maintain it .
( 9 ) If the claimant requests that include injunctive relief for injunctive relief and prohibition application needs relating to infringement of the notification as well , or by submitting an application for order for payment validated within 10 working days of receipt of the notice referred to in paragraph ( 7 ) , or a criminal complaint made and sent to the service provider within 3 working days of copy statement in initiating the start of the process of its submission , the provider within 12 hours of the complaint a copy of the receipt of the proper application of the provisions of Paragraph ( 4 ) of the information in the notice under paragraph ( 2 ) access again does not guarantee or again to remove the information . The action of the operator is entitled to a copy of the submissions made by sending the recipient has notified within 3 business days of taking such action .
(10) The final decision on the merits shall be required, proceeding taken pursuant to paragraph (9) - including the imposition of provisional measures , or rejection of the application - the provider immediately. If the decision on the merits has the benefit of the recipient in question , the provider must promptly be made available again to the information concerned would otherwise be maintained by the service action under paragraph (8).
( 11 ) The holder and the contract with the service provider ( 1 ) - the procedure set out in paragraphs ( 10 ) are applied. In the contract , the parties may not derogate from the law , but the legal issues not agree . The parties to treaties currently in force may consider written communication to them , or by a third party faithful copy of the recipients private office in writing and in electronic communication , if it confirms the arrival of the recipient electronically. In this case, the parties are required to confirm your e- mail has been received from each other .
( 12 ) The carrier is not responsible for the information concerned to remove or to disable access in not ensuring the effective implementation of , if during the removal or access does not ensure acted properly and in good faith, as defined in paragraphs ( 4 ) and (9).
Specific rules on advertising sent using an information society service
Advertising sent to ( 1 ) the use of information society services must be clearly and unambiguously identifiable as it becomes available to the recipient . Solely by the customer clear prior consent may be sent electronically , in correspondence advertising.
To be sent in connection with advertising ( 2 ) the use of an information society service to inform the recipient that the e-mail address and other contact information unit , where demand for the use of an information society service of sending advertising prohibition may report .
Drive about ( 3 ) a record of the advertiser , advertising operator and advertisement publisher of duty , who was announced to them in writing that they wish to use an information society service to receive advertising . The records shall be delivered only to the recipients prior consent to any third party .
( 4 ) The advertiser , advertising operator and advertisement publisher can not post using an information society service advertising for those who are not included in the register provided for in paragraph (3). Prohibition of the advertiser Send all advertising to be sent by the advertising company and the publisher of advertising concerns .
Special consumer protection rules on information society services
( 1 ) providing e-commerce services utilities, financial and pension funds , and insurance business entities engaged in consumer applications management, investigate complaints and redress , and consumer information are obliged to clients electronically customer to operate.
( 2 ) organizations under paragraph ( 1 ) - where services are provided exclusively by electronic means for users - also entitled to the organizations providing an information society service provider is limited to the centers services only in electronic form. In case of malfunction of the above organizations are required to operate a call center .
Support provided under (3) ( 2 ) of the complaint is required to be dismissed with reasons in writing and a copy thereof shall immediately be sent electronically to the customer.
Miscellaneous and Final Provisions
( 1 ) This Act - subject to paragraph (3) - following the publication of the 30th take effect the day .
( 2 ) This Act shall apply to information society services after the entry into force of related services that are required to provide the service within 90 days of the entry into force of this Act , information society services that meet the requirements of this Act .
(3) This act first § ( 2 ) shall enter into force on the date of the international treaty on accession to the European Union announcing the law came into effect .
( 4 ) If the law of preservation of the document or instrument or the original conservation requires the preservation obligation in the circumstances set out in separate legislation on digital preservation can be completed electronically .
( 5 ) The Communications Authority the right to verify that the provider complies with the activities of the provisions of this Act.
( 6 ) The Communications Authority may impose a fine against the operator who fails to comply with the obligations set out in this Act. The amount of the fine is 500 000 HUF.
( 7 ) Where the law took effect prior to this Act coming into force of Decree-Law or international agreement with published Transport, Communications and Water Ministry or the Minister of Transport, Communication and Water mention , theres the communications tasks ( frequency management , telecommunications, postaügy , information technology ), the Office of the Prime Minister or Chief Minister in the Prime Ministers Office , the other functions in respect of the Transport and Water Department , or the Minister of transport and Water Management must be understood .
Empowered with Prime Ministers Office to the Ministers concerned in agreement regulates ) the requirements for information security, b) electronic records
management and the rules for digital archiving, c) action on the basis of information society services that are electronically relating to information society services regulation other specifications necessary for compliance with the performance .
This law between Hungary and the European Communities and their Member States , of the Association of Brussels , 1991st European Agreement signed on 16 December in the area of the Agreement will be published 1994th Act I In accordance with § 3 of the regulation contains compatibility information society services, in particular Directive 2000/31/EC on certain legal aspects of electronic commerce, the European Parliament and of the Council , with the exception of the second Article g), 3 Articles 2, 4 and 5 paragraph of the eighth Article 16 Article 17 Article 2-3 . and Article 19 Articles