GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (hereinafter: GTC) are applicable for registration and/or order by the user (hereinafter: User) through the www.plantatreeproject.com website (hereinafter: Webstore) operated by Plantatree Ltd. (hereinafter: Plantatree).
DEFINITION OF TERMS:
“Provider” (or “Plantatree”): Plantatree Limited Liability Company.
“Service”: The long-term environmental objective of the Provider is to contribute to international-scale forestation, limit global warming, and purify the Earth’s air through tree planting. For every valid order placed by a successfully registered User in the www.plantatreeproject.com webstore, a specified quantity of tree saplings will be planted with the collaboration of Forestry.
Webstore: The online system named www.plantatreeproject.com operated by the Provider (Plantatree), where User’s details are recorded and where the Service is ordered.
“User”: An individual or legal entity who successfully registers in the Webstore and validly orders the Service.
“Forestry”: Which, based on a valid order from a User who has successfully registered in the Webstore, plants the tree saplings on behalf of the Provider.
Registration: Recording of the user’s details during the purchase process in the webstore named www.plantatreeproject.com operated by Plantatree. With successful registration or a valid order, an electronic contract is established between the User and Plantatree (Provider).
These General Terms and Conditions (hereinafter: GTC) contain the rights and obligations of the User availing the Service via the www.plantatreeproject.com website and the Provider offering the Service. (The Provider and the User, hereinafter jointly referred to as: “Parties”)
COLLABORATORS OF THE SERVICE
The provider of the Service available on www.plantatreeproject.com (the Provider) is Plantatree Ltd.
Key company details of Plantatree Ltd.:
Address: 1111 Budapest, Lágymányosi Street 12. Ground floor 2.
Company registration number: 01-09-343239
Tax number: 26758796-2-43
Representative(s) name: Barbara Poisson-Angeli, Managing Director
The payment processes are managed by Barion Payment Zrt.
Address: H-1117, Budapest, Infopark Walkway 1.
Company registration number: 01-10-048552
Helpdesk: +36 1 464 70 99
Barion Payment Zrt. operates with the authorization of the Hungarian National Bank in accordance with the Act CCXXXV of 2013 and the EU Directive of 2011 on electronic money (EMD).
License identifier: H-EN-I-1064/2013 | Institution ID: 25353192
Data management registration number: NAIH-73794/2014
1. DETAILED DESCRIPTION OF THE SERVICE
Upon successful registration in the Webstore and the subsequent valid order, the Provider – with the assistance of Forestry – plants a number of tree saplings corresponding to the ordered quantity and tags them with a card individually numbered and dedicated to the User’s name.
Accordingly, a photograph is taken of the tree sapling(s) individualized in the User’s name. The Provider sends this photograph to the User in an email confirming the fulfillment of the Service.
2. UTILIZATION OF THE SERVICE: ORDER
The User can place the order through the Webstore. For a successful purchase, it’s necessary for the User to provide all the data requested by Plantatree Ltd. during the registration without omission. During registration, if the User provides incomplete data, the Webstore will notify the User with a warning message and correction will be necessary for successful registration. Plantatree Ltd. is not responsible for any problem, delay, or error due to data inaccurately or wrongly provided by the User during registration or ordering. By purchasing, the User declares that they have read and accepted the present Terms of Service and the Data Protection Policy published on the website and consents to the data processing contained in the Data Protection Policy. Simultaneously with the order, the User can consent to receiving offers, advertising materials from Plantatree Ltd. by email, SMS, or postal mail. Only persons over the age of 16 can register in the Webstore; by registering, the User declares that they have reached the age of 16.
Ordering is exclusively possible in the Webstore, through the online system of www.plantatreeproject.com, electronically, via the internet. The Provider does not accept registration requests made by phone, fax, email, or letter. Information related to the order and the Service is also sent electronically to Users. During registration, the User provides the following data:
For individuals: name, country, city, postal code, street, house number, email address, phone number, optionally: Instagram account.
For legal entities: company name, country, city, postal code, street, house number, tax number.
If the User provides incorrect, inappropriate, non-existent data, or if their email inbox is overloaded, the Provider isn’t liable due to the non-completion or impossibility of registration.
By placing an order, the User communicates their intent to utilize the Service, to which the Provider sends an automatic confirmation within 24 hours. The Webstore sends an automatic confirmation about the order to the email address provided during ordering, simultaneously informing the User about the order details and any necessary information related to payment. The contract between the Parties is established by sending the order.
The confirmation always includes the User’s name, acceptance of the order, information about fulfilling the order, and its verification.
If the User doesn’t receive the confirmation for any reason, they should notify this at the firstname.lastname@example.org email address.
In the Webstore, it is possible to pay by credit card or by bank transfer. The remuneration for the ordered Service can be settled by credit card.
Payment via bank transfer: If the User chooses the bank transfer payment method, they must pay the due amount (the remuneration for the ordered Service) in advance.
Plantatree Ltd. charges the bank card used by the User at the time of ordering with the payable amount.
In the case of withdrawal (considering the provisions of the right of withdrawal), the amount will be credited to the User’s bank account used for payment as soon as possible. When choosing the credit card payment method, Plantatree Ltd. cannot make any modifications to the submitted orders after the fact!
As of September 14, 2019, according to the European Union’s PSD2 directive, strong customer authentication will be required for most credit card purchases and electronic payment transactions to identify the cardholder.
The payment service provider for credit card payments is Barion Payment Zrt. The payment service provider will send an automatic confirmation to the email address provided during registration to confirm the successful payment.
For legal entity Users, the Provider will automatically send an invoice including VAT to the email address via the www.szamlazz.hu system.
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4. RIGHT OF WITHDRAWAL
4.1 Pursuant to Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses, the User is entitled to the right of withdrawal without justification (explanation).
4.2 Furthermore, we inform you that according to Section 26 of Government Decree 45/2014 (II. 26.), the User is obliged to reimburse the Service Provider for reasonable costs if, in accordance with Section 19 of the Government Decree (which stipulates that if the consumer, pursuant to Section 20 (2), initiates the performance of the contract for the provision of services before the expiry of the deadline, the consumer must expressly notify the entrepreneur), the User exercises their right of withdrawal after the commencement of performance.
4.3 We would like to inform you that the cases in which the User cannot exercise the right of withdrawal are contained in Section 29 of Government Decree 45/2014 (II. 26.), quoted below.
4.4 In addition to the above, we provide the relevant legal provisions regarding the right of withdrawal, including rules that do not apply or are not applicable to the Service:
5. Exceptions to the Consumer’s Right of Withdrawal and Termination
Section 29 (1) The consumer shall not have the right under Section 20:
- a) in the case of a contract for the provision of services, after the provision of the service has been fully completed, if the business has commenced performance with the consumer’s express prior consent, and the consumer has acknowledged that they will lose their right of withdrawal after full performance of the contract for the provision of services;
- c) for non-pre-fabricated goods produced at the consumer’s request or expressly tailored to the consumer’s person.
6. PERFORMANCE OF THE SERVICE
Based on the valid order placed by the User in the Webstore system, the Service Provider undertakes to perform the Service within 30-120 days, depending on the weather, from the confirmation of the order and the date of successful payment.
The tree planting is carried out in accordance with bio- and ecological criteria in staggered phases. The environmentally conscious label attached to the tree already planted will be personalized by Plantatree Ltd. based on the User’s data.
Tree planting currently takes place only in Hungary, on land owned by Hungarians. The land intended for afforestation will increase continuously according to the plans of the Service Provider. More information is available on the www.plantatreeproject.com website and can be requested at the email@example.com email address.
The User expressly acknowledges that the subject of the Service is tree planting, and the planted seedling does not become their property.
7. OTHER PROVISIONS
7.1. The www.plantatreeproject.com website, including its content or any part thereof, is protected by copyright. The exercise of related copyrights is solely the prerogative of the Service Provider. It is strictly prohibited to use, reproduce, transfer, distribute, modify, or store the content of the website, in whole or in part, in any form without the prior written consent of the Service Provider. However, the Service Provider consents to users storing or printing the content of the website or extracts thereof on their computers for their personal use within the scope of fair use.
7.2. The Service Provider is entitled to send newsletters or other advertising materials to the User if, during the ordering process, the User has provided the necessary data and consented to this, clearly, explicitly, voluntarily, and in advance. The Service Provider is not obliged to verify whether the data provided by the User during registration or when giving consent is accurate or correct.
7.3. Reviews and other related opinions regarding the Service always reflect the positions of the Users, and the Service Provider assumes no responsibility for their content. The Service Provider reserves the right to delete opinions that violate public morality, its business interests, or the law.
7.4. For any questions or feedback related to your order, please contact the Service Provider’s staff at firstname.lastname@example.org.
7.5. Consumer complaints are handled in writing through the customer service at the email@example.com email address.
7.6. Disputes arising against the Service Provider (consumer dispute) may be initiated for the purpose of simple, fast, out-of-court settlement by initiating the procedure of the conciliation board. The conciliation board competent according to the registered office of the Service Provider is the Budapest Conciliation Board: 1016 Budapest, Krisztina körút 99. 3rd floor 310.; Mailing address: 1253 Budapest, Pf.:10.
7.7. Online Dispute Resolution: In the event of a complaint arising in connection with a product purchased online, you can also initiate the out-of-court settlement of your dispute through the platform created by the European Commission. You can submit your complaint by filling out the form on the platform. It is advisable to attach any documents that support your complaint to the form.
7.8. Issues not regulated by these general terms and conditions shall be governed by Act V of 2013 on the Civil Code, Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses, as well as the provisions of Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (with respect to data protection in general: the rules set forth in sections 13/A-13/B).
7.10. Please note that if, for reasons beyond the control of the Service Provider and not attributable to it, it cannot fulfill its obligations related to the provision of the Service, this does not constitute a breach of contract. Such a situation, referred to as force majeure, includes, in particular, war, civil unrest, strikes, riots, natural disasters, fires, explosions, the interruption of electricity supply, the omission or interruption of rented line services, and any other similar unavoidable circumstances. In the case of force majeure, the Service Provider shall be exempt from liability only to the extent and for the duration that force majeure significantly hinders or makes it impossible to fulfill the obligations.
7.11. The Service Provider is entitled to unilaterally modify the range of products, allocation, and menu system of the Webstore; however, this may not affect orders already placed and confirmed by the User.
7.12. The Service Provider may unilaterally modify these General Terms and Conditions at any time. The modified provisions shall apply to orders placed after their entry into force. When the modifications take effect, previously registered Users must expressly accept them again to use the website. These General Terms and Conditions are valid from March 22, 2021, until revoked and/or modified. The provisions herein shall apply only to contracts concluded after their entry into force.
The contract is concluded electronically and is considered a contract concluded in writing; it is stored electronically and is accessible thereafter. The language of all contracts concluded between the Service Provider and the User is Hungarian.