Flowwow Terms of Use

Section I: Terms

1. For the purpose of these Flowwow Terms of Use:

The Flowwow Service (the ‘Service’) means all pages of the website located at https://flowwow.com , as well as Flowwow Mobile Applications that provide access to a database of Items sold through the Service.

Website means all pages of the website located at https://flowwow.com .

Flowwow Mobile Applications means software (for mobile devices) on the Android and iOS platforms available for Users to download at https://flowwow.com .

User means a legally capable individual using the Service to purchase Items/order Delivery of Items.

Recipient means a third party indicated by the User as the recipient of the Items if the recipient of the Items is not the User; in case of Self-pickup, a third party with whom the User has shared the Order pick-up security code and who receives the Goods by means of Self-pickup.

Personal Area means the User’s personal area in the Service associated with the User’s account in which the User can manage personal settings, view Order History, etc. A personal area is created for the User after signup for the Service.

Item means an object of sale and purchase (a thing), not withdrawn from the market and not subject to commercial restrictions, which is the subject of a purchase/sale/supply agreement concluded using the Service. The subject of purchase and sale/supply may be food or non-food Items about which information is posted on the Service.

Seller means a legal entity or sole trader listing their Items for sale using the Service.

Order means the performance by the User of actions aimed at concluding an agreement for the purchase of Items and an Agreement for the Delivery of Items by placing an order directly through the Service.

Delivery means a service for the delivery of Items for which the User has placed an Order through the Service.

Self-pickup shall mean independent receipt of an Order at a Seller's shop (without Delivery).

High Demand Days shall mean days when the Service experiences higher-than-normal workload, on which Users have additional options for Order cancellation. High Demand Days shall be determined by the Service.

Seller’s Gift Certificate (‘Seller’s Certificate’) means a tangible medium issued by a Seller containing an alphanumeric code confirming advance payment and giving a User/Recipient the right to purchase goods and/or services sold by the Seller in an amount equivalent to the nominal value of the Seller’s Certificate. The validity period of the Seller’s Certificate and the conditions for its use shall be indicated in the Service and may additionally be indicated on the Seller’s Certificate. Unless otherwise stated in the Terms/Services:

• by purchasing and using the Seller’s Certificate, the User/Recipient enters into a direct contractual relationship with the Seller;
• in purchasing the Seller’s Certificate, the User shall be guided by the provisions of the Terms governing the purchase of Items and/or services sold through the Service;
• The Seller’s Certificate cannot be used to pay for Items and/or services sold by the Seller through the Service.

Support Service means a service that a Service User can contact for technical support to resolve a problem or for additional information on a matter of interest. The Service Support Service can be contacted:

• via Chat;
• by email at hu@flowwow.es .

Chat means a tool implemented in the Service for exchanging messages with the Support Service and the Seller, available in the Mobile Applications and on the Website pages.

Flowwow Terms of Service’ (the ‘Terms’) means this document, posted on the Internet at https://flowwow.com/en-en/docs/terms-of-use/ .

Flowwow means FLOWWOW KFT (Reg. No. 01-09-398308; VAT No. HU27796171; Address: 1061 Budapest, Paulay Ede utca 16).

2. Terms that are not defined in clause 1 of this Section of the Terms of Use may be used in the Terms of Use. In this case, the given term shall be construed in accordance with the text of the Terms of Use. In the absence of an unambiguous interpretation of the term in the text of the Terms, one should be guided by the interpretation of the term defined by the legislation of Hungary or in the Service or generally used on the Internet.

Section II: General Provisions

1. By using the Service, the User is considered to have accepted the Terms in full, with no reservations or exceptions, and is also considered to have accepted in full, with no reservations or exceptions, the terms of:

• the Privacy Policy, available on the Internet at https://flowwow.com/en-en/docs/personal-data/;
• the Cookie Policy, available on the Internet at https://flowwow.com/en-en/docs/cookies/;
• the Loyalty Programmes of the Flowwow service, available on the Internet at https://flowwow.com/en-en/docs/loyalty/;
• The Flowwow Terms of Use, available on the Internet at https://flowwow.com/en-en/docs/terms-of-use/.

If the User does not accept the Terms and/or the terms of the documents specified in this clause of the Terms, he or she must immediately stop using the Service.

2. The Terms of Service, as well as the documents specified in clause 1 of this Section of the Terms of Service, may be amended and/or revised by Flowwow unilaterally. The Terms of Service and the documents specified in clause 1 of this Section of the Terms of Service shall be open and publicly available documents.The effective editions of the documents are available on the Internet at: https://flowwow.com/en-en/docs/terms-of-use/. Flowwow recommends that Users check these documents regularly for amendments and/or revisions. Continuing to use the Service upon introduction of any amendments and/or revisions to the Terms of Service shall mean the User has accepted and agreed to such amendments and/or revisions.

3. A failure by the User to familiarise themselves with the Terms of Service may not constitute grounds for any failure by the User to fulfil their obligations or any failure by the User to comply with the limitations set out in the Terms of Service.

Section III: Signup for the Service

1. To use certain features of the Service and/or to place an Order, the User must complete the registration procedure:

• to use the Service through the Mobile Application, the User must:
  • enter a phone number and other data indicated by the Service as required in appropriate fields;
  • enter the verification code sent via a text message to the specified phone number in the appropriate field;
• to use the Service through the website, the User must:
  • click the ‘Login’ button and enter a phone number in the special field;
  • enter the code received on the specified phone number in the special field for entering the code,
    OR
  • place the first Order.

2. Signup for the Service is free.

3. Signup with one phone number is allowed only once. If the phone number specified during signup changes, the User must:

• Register a new user account using a different phone number (in this case, the Order History and existing bonus points will not be saved)
  OR
• contact the Support Service. The Support Service must be contacted from the User’s phone number specified during signup. The Support Service can be contacted for this purpose via Chat. In this case, the Order History and the existing bonus points will be saved.

4. After signing up for the Service, a user account shall be created and made available to the User.

5. Flowwow processes Users’ personal data in accordance with the Privacy Policy, available on the Internet at https://flowwow.com/en-en/docs/personal-data/.

6. By signing up for the Service, the User agrees that Flowwow may send informational and advertising messages as well as service notifications including those related to Orders:

• at the email address specified during signup
  OR
• through calls/SMS/push notifications or otherwise to the phone number specified during signup and/or in the Order.

The User has the right to opt out of receiving informational and advertising messages by disabling the corresponding feature in the Service settings and/or following the instructions in the message received.

Section IV: Conditions for Users Purchasing Items/Ordering Delivery Solely for Personal, Family, Household, and Other Non-Business Needs

1. Placing an Order

1.1. A user places an order independently using the features of the Service.

1.2. When placing an Order using the Service, the User concludes contracts for the sale and delivery of the Items with the Seller, entering into direct contractual relations with the Seller from which he or she is buying the Items/ordering Delivery. All rights and obligations under the agreements concluded with the User arise directly for the Seller. Using the Service, Flowwow provides the User with information and consulting services consisting of the ability to:

• select Items;
• conclude an agreement for the sale of the Items and an agreement for the Delivery of the Items with the Seller;
• pay for the Order (The Parties acknowledge that this Service is not a payment service and Flowwow is not a payment service provider under Chapter XLI (Ptk. 6:293-6:301 §) of the Civil Code);
• receive notifications about Order status;
• modify or cancel the Order.

1.3. By placing an Order, the User agrees that the Seller has the right to authorize a third party to deliver the Items while remaining responsible for the Delivery execution.

1.4. At the time of Order placement, the User is obliged to familiarise himself/herself with the following information available on the Service:

• about the main consumer properties of the Item/conditions of provision of Services;
• about the rules for the effective and safe use of the Item: https://flowwow.com/s/flower-care/;
• about the Seller’s full company name (name) and the Seller’s address (location);
• about the place of manufacture of the Items;
• about the price (including VAT and other taxes, if applicable) and terms of purchase of the Items, about the payment procedure;
• about the price (including VAT and other taxes, if applicable) and terms of purchase of the Items and about the payment procedure;
• about the price and terms and conditions for Delivery of Goods or Self-pickup of Goods;
• about the service life, expiration date, and warranty period set for the Product (if applicable).

1.5. Information on the Service about the availability of Items is confirmed when the User places an Order and, due to the technical features of the Service, may change at the time Order placement.

1.6. When placing an Order, the User is obliged to indicate all the data necessary for the execution of the Order, including but not limited to the following:

• their valid contact details and valid contact details of the Recipient of the Goods to the extent provided for by the Service;
• in case of Delivery: address, date, and time of Delivery of the Goods. If the Goods are to be accepted by another individual other than the User, and at the time of placing the Order the delivery time and address are unknown, the User shall be obliged to specify a contact phone number of the Recipient for the Seller/Supplier to arrange the Delivery address and time;
• in case of Self-pickup: the date and time of Self-pickup of the Goods.

1.7. Invalid and/or incorrect details provided for in clause 1.6 of this Section of the Terms of Service entered by the User shall constitute grounds for cancellation of the Order.

1.8.Flowwow has the right to block a User’s ability to place an Order in the event of repeated cancellation of Orders placed by the User and/or repeated refusals of the Items and/or a repeated failure to perform a Self-pickup and in the event of violation of these Terms. The blocking period shall be established independently by Flowwow.

1.9. The confirmation of the Order is the payment made by the User. The Seller shall accept the order for execution only after the User has fulfilled the obligation to pay.

1.10 The agreement with the Seller/Flowwow shall be considered concluded:

• if the User pays for the Order using Google Pay—from the moment the User clicks the ‘Pay’ button;
• if the User pays for the Order using Apple Pay—from the moment the User clicks the ‘Buy’ button;
• if the User chooses a bank card to pay for the Order—from the moment the User clicks the button ‘Complete registration’ or ‘Order’.

The contract shall be considered concluded in electronic form under Law V of 2013 of the Hungarian Civil Code and Law CVIII of 2001 ‘On e-commerce services related to the information society’.

1.11. By paying for the Order, the User confirms:

• that he or she has been fully informed of and understands the information specified in clause 1.4. of this Section of the Terms;
• agreement to all material terms of sale and Delivery and Self-pickup of the Items.

1.12. After paying for the Order and submitting the Order details to the Seller / Carrier, the User cannot make any changes to the Order using the Service features. If the User wishes to make changes to the Order, the User shall have the right to contact the Seller / Carrier using the contact details specified with the Service or via Chat. In this respect, making changes related to the Order composition, date, time, or address of the Delivery, the Recipient's name, adding / making changes to message / greeting cards, shall be allowed until the Order status with the Service has changed to ‘Ready for delivery’ / ‘Photo before delivery’.

2. Order cost. Payment procedure

2.1. Possible payment methods for the Order at the time of Order placement are indicated on the Service. The method the User chooses from the available payment methods shall be considered the agreed payment method.

2.2. When payment is made for an Order using Google Pay/Apple Pay or by credit card, payment is made to the current account of Flowwow, which, in terms of accepting funds as payment for the Order, acts on behalf of the relevant Seller with the involvement of an authorized payment acceptance operator or electronic money operator and is the recipient of payment as an agent of the Seller. According to Chapter XLI (Ptk. 6:293-6:301 §) of the Hungarian Civil Code, in settlements in accordance with this clause of the Terms, Flowwow is not a payment agent. The User’s obligation to pay is considered fulfilled from the moment payment is confirmed by the credit institution serving the User. Flowwow and the Seller are not responsible for any additional expenses of the User related to the chosen payment method (including but not limited to foreign currency exchange). Flowwow does not store the User's banking data and has no access to them. The data necessary for making a payment is stored in an encrypted token that is transferred to the authorized payment acceptance operator or electronic money operator.

2.3. The Seller shall issue a Tax Invoice for the amount of the order independently under the legislation of the Seller’s country. It shall be transferred to the User at the time of delivery of the order (if the User is the Recipient) and/or can be sent to the User’s e-mail specified during Registration, if the User so requests. When placing an Order, the User is responsible to provide correct data to be specified in a Tax Invoice. If the User provides incorrect data, the Seller is not obliged to issue a new Tax Invoice.

2.4. The User agrees that the personal data that the User provides to Flowwow when paying for an Order and/or for a refund can be transferred by Flowwow to credit institutions involved in the transactions in question.

3. Delivery and Self-pickup

3.1. The time and cost of Delivery of the Items for each Order are determined at the time of Order placement.

3.2. If, at the time of Order placement, the User has not specified a Delivery address, the Seller or Flowwow shall contact the User/Recipient to clarify the Delivery address. After clarification of the Delivery address, the Seller has the right to change the delivery cost indicated at the time of Order placement. The new shipping cost shall be agreed upon between the Seller and the User directly. If the User disagrees with the cost of Delivery, the User/Seller has the right to cancel the Order. A Seller shall deliver Items only within the country of its registration. A Seller has the right to limit its Delivery area independently. The possibility of delivering Items to the specified delivery address is displayed on the Service at the time of Order placement. Cancellation of an Order shall be carried out in the manner prescribed by clause 4 of this Section of the Terms.

3.3. If Delivery of Items was carried out within the time frame established by the contract but the Items were not transferred to the User/Recipient for reasons beyond the control of the Seller, the Seller has the right:

• refuse to fulfil the Order. In this case, a refund shall be issued to the User, except for the cost associated with the delivery of the Goods from the User / Recipient to the Seller.The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of Hungary;
• to re-deliver the Items on a new date agreed upon with the User, subject to the User's repeated payment of the cost of the Delivery of the Items.

3.3.1. If, at the time of Order placement, the User chooses to collect the Goods by means of Self-pickup, the User shall be obliged to pick up the Order within the time period specified at the time of Order placement. If the User does not perform Self-pickup of the Goods within the specified period, the User can perform Self-pickup by the end of the current day within the Seller’s business hours or within another time period specified with the Service (provided that the Self-pickup time period is extendable and within the Seller’s business hours). If the User does not perform Self-pickup of the Goods within the specified period, the User shall be considered to have refused to accept the Goods, and the Seller shall have the right to refuse to fulfil the Order unilaterally out of court, and the Order may be cancelled by the Service

When performing Self-pickup, the User/Recipient shall provide the Seller with the Order pick-up security code. The User shall be solely responsible for keeping the Order pick-up security code confidential and for sharing it with third parties.

3.4. The risks of accidental loss or damage to the Items pass to the User/Recipient at the time of the transfer of the Items.

3.5. Upon receipt of the Items, the User/Recipient is obliged to inspect the Items and check them for compliance with the Order.

3.6. In the event of any claims regarding the Items, the User/Recipient has the right to refuse the Items upon receipt in the manner provided for in clause 4.3. of this Section of the Terms or to accept the Items and subsequently open a dispute in the manner provided for in clause 5 of this Section of the Conditions.

3.7. At the request of the User/Recipient, purchased jewellery and other products made of precious metals and/or precious stones may be weighed using measuring instruments that are in good working order and meet the requirements of the legislation of the Seller’s country of registration on ensuring the uniformity of measurements. The User/Recipient may agree upon the date, time, and place of weighing independently with the Seller.

3.8. Users who place an Order that includes the purchase and/or delivery of Age restricted Items must be of legal age. This means that they must be at least the age stipulated by the local legislation applicable in the territory in which the User is placing the Order. By placing an Order for the age restricted Items, you confirm that you are at legal age.

If the Order contains age restricted Items, the Seller and/or the person delivering the Order has the right to verify the age of the User/Recipient based on the identification document (passport, ID or other document depending on the country).

In case of failure to present or absence of the identification document, or in case the age of the User/Recipient does not meet the age restrictions for the Item, the Item shall not be transferred to the User/Recipient. The delivery service shall be considered properly fulfilled and the User shall not be entitled to receive the refund for the delivery service. Also the User may be charged for redelivery to the Seller. Refunds for the Item shall be made in accordance with clause 4.5 of Section IV.

In those cases and cities in which the sale and/or delivery of age restricted Items (e.g. alcoholic drinks) is restricted during a particular time slot, it is the User’s responsibility to place Orders only during the times allowed under the applicable legislation. Flowwow and/or the Seller reserves the right to refuse the Order for the purchase and/or delivery of age restricted Items outside the permitted times.

4. Order Cancellation. Refusal of Items. Return of Items

4.1. The Seller has the right to cancel an Order:

• if an Items is not in stock or if an Item to be delivered to the User is damaged;
• if the User refuses the Order in accordance with the Terms;
• if the User/Recipient evades receipt of the Items;
• if the cost of the Order was indicated/displayed incorrectly due to a technical failure/for other reasons and the Seller was unable to contact the User and/or the User does not agree with the new cost of the Order, including the cost of Delivery;
• in other cases provided for by the Terms or in other cases when the Seller is unable to fulfil the Order.

4.2. The user has the right to cancel an Order:

• Users may cancel their whole Order by using the Service features. Users may cancel their Order in part only by contacting the Service Support;
• After the Order status changes to ‘Ready for delivery’ / ‘Photo before delivery’, cancellation of the Order is not possible. In this case, the User shall be guided by clause 4.3 of this Section of the Terms.
• if Delivery is scheduled on a High Demand Day (the Delivery date falls on a High Demand Day), the User shall be provided with an option to cancel their Order with status ‘Ready for delivery’/’Photo before delivery’ or ‘Courier on their way’ if the Delivery of the Goods is overdue for more than 2 (two) hours. Users may cancel their whole Order by using the Service features. Users may cancel their Order in part only by contacting the Service Support;
• when choosing to collect the Goods by means of Self-pickup, after the Order status has changed to ‘Accepted’, Order cancellation shall only be possible by contacting the Service Support.

4.3. Refusal of Items by the User/Recipient:

• at the time of accepting the Goods by means of Delivery or Self-pickup, the User may refuse to accept the Goods either in part or in whole. A refusal to accept the Goods shall be arranged by contacting the Service Support;
• aat the time of accepting the Goods by means of Delivery, the Recipient may only refuse to accept the Goods in whole. In this case, the Seller shall contact the User to arrange further actions. If the Seller was unable to contact the User within 10 (Ten) minutes, having made at least 3 (Three) calls, the Seller has the right to refuse to fulfil the Order. In this case, a refund shall be issued to the User, except for the cost associated with the delivery of the Goods from the Recipient to the Seller. The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of Hungary;
• if the User / Recipient has refused to accept all the Goods listed in the Order, and such refusal is not associated with inadequate quality of the Goods, a refund shall be issued to the User, except for the cost associated with the delivery of the Goods from the User / Recipient to the Seller. The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of Hungary;
• if the User has refused to accept a part of the Goods listed in the Order, a refund shall be issued to the User for the Goods they have refused to accept, except for the cost associated with the delivery of the Goods from the User / Recipient to the Seller. The cost amount shall be determined by the cost of the Delivery of the Goods specified at the time of placing the Order. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of Hungary.

4.4. Return of an Item by the User:

• The return of Items of good quality is possible if their saleable condition and initial consumer properties are retained. The User shall not have the right to refuse an Item of good quality having individually defined properties;
• A User wishing to return an Item shall make the said request in the manner provided for in clause 5 of this Section of the Terms;
• The User shall return Items to the Seller using the details indicated on the Service. In addition, the User may incur other costs associated with the fulfilment of the Order, which may be incurred as per the effective by the current legislation of Hungary.

4.6. The return of jewellery made of precious metals and/or precious stones, as well as certified cut precious stones of acceptable quality, is possible if its saleable condition and initial consumer properties are retained with the original labels, tags, and seals attached to the product.

5. Support for the Consideration of User Claims

5.1. Flowwow’s liability is limited to the liability provided for by Chapter XLI (Ptk. 6:293-6:301 §) of the Hungarian Civil Code for owners of aggregators. Responsibility for the execution of the contract concluded between a User and a Seller using the Service and for the observance of other consumer rights is borne by the Seller unless otherwise expressly provided by the current legislation of the Seller’s country of registration.

5.2. The Service provides Users with the function of information support for the consideration of claims. This does not imply that Flowwow has the authority to satisfy the Users’ claims, including those related to the inadequate quality of Items. When providing such a function, Flowwow acts as an arbitrator.

5.3. Within three (3) days from the moment a Seller fulfils an Order, the User has the opportunity to settle any claim with the Seller through the Service. Upon the expiration of the specified period, the User will settle all claims directly with the Seller without the involvement of Flowwow unless otherwise provided by the current legislation of the Seller’s country of registration.

5.4. To file a claim through the Service, the User must:

• evaluate the work of the Seller according to one of the criteria proposed by the Service, putting down 1 or 2 points;
• choose what the claim is from the proposed options;
• select the desired outcome of the resolution of the claim from the options offered or indicate another outcome of the resolution of the claim desired by the User;
• describe in detail the circumstances that caused the claim and click the ‘Open dispute’ button.

5.5. Acting as an arbitrator, Flowwow has the right to request information and documents necessary to decide on the claim from the User. The User’s failure to provide the requested information and/or documents may be grounds for deciding on the claim in favour of the Seller.

5.6. The term for an initial response to a claim with the participation of Flowwow as an arbitrator is up to three (3) days, subject to the timely provision of the requested information and/or documents by the parties. The term for making a final decision is up to ten (10) days from the date of provision of all the requested information/documents.

5.7. If any of the parties disagree with the decision of Flowwow, the dissenting party has the right to resort to other methods of protecting their rights provided for by the current legislation of Hungary.

5.8. Notwithstanding the provisions of this Section, the User has the right to use other means of resolving claims provided for by the current legislation of the Seller’s country of registration.

Section V: Order Feedback Policy

1. Following the completion of the Order, the User has the right to leave reviews on the Service concerning the Items and/or the Seller and to attach photos of the Items.

2. The User has the right to change (edit) his or her reviews and delete them. The User can change (edit) reviews by contacting the Seller or the Support Service. The removal of reviews is carried out only by the User contacting the Support Service.

3. By posting any information on the Service, the User agrees that Flowwow can use messages and materials posted by him or her in its advertising or marketing materials made available on the Internet, as well as to attract the attention of other users to the Service or Items, with or without indicating the User's name, with no obligation to provide reports on the use of such messages and materials, and without the need to obtain special permission from the User and without payment of royalties, throughout the world with no time limit. Flowwow is also entitled to grant the said rights to use such messages and materials to third parties. If the User is not entitled to grant Flowwow the right to use any message or material in such a way, he or she must refrain from posting such message or material. The User is responsible for the accuracy of the information contained in the materials posted by him or her.

4. Flowwow has the right not to publish User information if it:

• does not apply to the User’s Order;
• does not contain information that would be useful to other users of the Service;
• contains profanity, offensive statements, statements defaming the honour, dignity, and/or business reputation of Flowwow/Sellers and third parties;
• contains links to other websites or materials that violate third-party rights, including intellectual property rights and means of individualisation.

5. Flowwow has the right to delete the User’s published information at any time. Flowwow has the right not to inform the User of the reason for refusing to publish the User’s information and/or deleting the User’s information.

Section VI: Other Terms

1. The user has the right to participate in the Flowwow loyalty programme under the conditions specified in the Flowwow Loyalty Programme posted on the Internet at https://flowwow.com/en-en/docs/loyalty/.

2. If one or more provisions of the Terms are declared invalid or unenforceable for one reason or another, this shall not affect the validity or applicability of the remaining provisions of the Terms.

3. The Terms shall be governed by and construed in accordance with the laws of Hungary. Matters not settled in the Terms are subject to resolution in accordance with the legislation of Hungary. All possible disputes arising from relations governed by the Terms shall be resolved in the manner prescribed by the current legislation of Hungary.

4. Flowwow does not guarantee the absence of interruptions in the operation of the Service due to technical malfunctions, maintenance, etc. However, it shall make commercially reasonable efforts to ensure the functioning of the Service around the clock.

5. Flowwow is not responsible for damage (direct or indirect) caused to the User or third parties due to the use or inability to use the Service and shall not compensate for such damage unless otherwise provided for by the current legislation of Hungary.

6. Flowwow is not responsible for any damage to the device or software of the User or another person caused or associated with the use of the Service or when clicking on the links posted on the Service unless otherwise provided for by the current legislation of Hungary.

FLOWWOW KFT, Reg. No. 01-09-398308, VAT No. HU27796171
Address: 1061 Budapest, Paulay Ede utca 16.
Publication date: 20.02.2024

Previous version of the document: https://flowwow.com/en/docs/terms-of-use_en-till-19-02-2024/

PERSONAL DATA PROCESSING POLICY

Release date: 25 October 2023

TERMS AND DEFINITIONS

Policy means this document posted on the Internet at https://flowwow.com/en-en/docs/personal-data.

Personal Data means any information relating to the data subject.

Data Subject means an identified or identifiable natural person (a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person).

Processing means any action (operation) or set of actions (operations) which is performed on personal data, whether or not by automated means, including collection, recording, organization, structuring, accumulation, storage, adaptation or alteration, uploading, viewing, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Company means FLOWWOW Kft., a legal entity established and existing under the laws of Hungary, registered under No. 01-09-398308 and located at 16 Paulay Ede Street, Budapest, 1061 Hungary.

Service means all pages of the website available at https://flowwow.com/, as well as mobile applications operated by the Company.

User means a Data Subject who has provided his/her Personal Data to the Company in relation to (1) the use of the Service, and/or (2) the receipt or provision of services via the Service.

Seller means a User selling products via the Service.

Purchaser means a User purchasing products via the Service for personal non-commercial use.

Recipient means a Data Subject designated by the Purchaser as the recipient of the product, in cases where the Purchaser is not the recipient of the products.

А. CONTACTS

01. Should you have any inquiries, comments, or suggestions related to the Policy, please contact us at hu@flowwow.es.

1. SUBJECT MATTER. APPLICATION

1.1. This Policy defines the procedure for processing and protecting Personal Data by the Company (the “Company”, “Flowwow”, “we”, “us”, “our”), which is received (collected) by the Company from the Data Subjects (“you”, “your”): (1) when you use the Service, (2) when we provide services to you or you provide services to us, as well as in relation to: (3) the activities carried out in accordance with the Company’s constituent documents, (4) entering into and performance any contracts and agreements, to which either the Company or the Data Subject is a party, (5) exercising rights and performing obligations arising out of the employment relationships involving the Company, (6) in other cases as stipulated by the applicable laws of Hungary or other regulations governing the processing of Personal Data, or by this Policy.

1.2. The Policy shall apply: 

(1) to the Data Subjects (see Appendix 02 to the Policy for more details);

(2) to other persons, if their participation is required for the processing of Personal Data in case of transmitting the Personal Data by the Company to the counterparties under the orders for personal data processing, other agreements and contracts (see Section 5 of the Policy for more details); 

(3) irrespective of where we store or process your Personal Data.

2. WHAT PERSONAL DATA WE COLLECT AND PROCESS

2.1. We collect and process the following categories of Personal Data: 

(1) Provided data: Data you provide to us. You provide the data when signing up for the Service, fill out forms within the Service, or communicate with us via email, phone, messengers, or social media. When you write to us or call us, we keep a record of such messages.

(2) Usage data: Data we collect automatically. We automatically collect specific information when you visit, use, or navigate through the Service.

(3) Third-party data: Data we collect from third parties. We may receive data on you from other sources, including third parties, which help us to update, expand and analyze our available data; to prevent or detect fraud; to process payments; or to analyze your usage of the Service.

See Appendix 01 to the Policy for more details on the Personal Data we collect and process for each category of the Personal Data.

3. PROCESSING OF PERSONAL DATA. PURPOSES AND LEGAL GROUNDS

3.1. We process Personal Data for (1) ensuring the proper functioning of the Service, including where we provide services to you and/or you provide services to us, (2) entering into and performing the existing contracts and agreements, (3) in cases provided by the applicable laws of Hungary or other regulations governing the processing of Personal Data, and (4) for other purposes.

3.2. We process Personal Data on the following legal grounds:

(1) Consent: We process your Personal Data with your express consent to the processing of the Personal Data for a specific purpose.

(2) Legitimate Interests: We process your Personal Data to the extent reasonably required for meeting our legitimate business interests.

(3) Contract performance: We process your Personal Data where it is required to perform the terms and conditions of our contract you have entered into with us.

(4) Legal obligations: We process your Personal Data where it is required by law to comply with the applicable laws, government requests, in the course of a court proceeding, in accordance with court rulings, or in the course of a legal process, e.g., in response to a court ruling or subpoena (including in response to the requests of the public authorities for compliance with the national security or law enforcement requirements).

See Appendix 03 to the Policy for a list of specific purposes of the Personal Data processing, the legal grounds for such processing, and the categories of the processed Personal Data.

4. RIGHTS OF THE DATA SUBJECTS

4.1. The Data Subjects shall have the rights, including (1) the right to access, (2) the right to data rectification, (3) the right to data erasure (the right to be forgotten), (4) the right to restrict processing, (5) the right to data portability, (6) the right to object, as well as (7) other rights stipulated by the applicable laws of Hungary or other regulations governing the processing of Personal Data, or by the Policy.

4.2. The Data Subjects or their representatives may exercise their rights by submitting a request using the details specified in Section A. of the Policy, or in any other manner provided by the Policy.

4.3. If we are unable to identify the Data Subject, who has submitted the request, we may request additional information that may help us to identify the Data Subject, e.g., information confirming the relationship between the Data Subject and the Company (contract number and date, other details), or information otherwise confirming that the Company has processed the Personal Data of the Data Subject. 

4.4. We may reject a request if it is provided or required by the laws of Hungary or by the legislative requirements that third parties, we cooperate with must comply with. The reasons for rejection will be stated in our response.

4.5. You may file a complaint against our rejection with the local supervisory authority for data protection. 

See Appendix 04 to the Policy for the complete list of rights of the Data Subjects and scope thereof.

5. PROVISION (DISCLOSURE) OF PERSONAL DATA TO THIRD PARTIES

5.1. We provide (disclose) Personal Data to third parties provided they are: (1) the competent authorities, (2) the Sellers, (3) the providers, including partners, contractors or agents providing services to us or on our behalf and requiring access to such information to perform their obligations, and (4) the purchasers of the Company’s business/assets.

5.2. By accepting the Policy and providing us with your Personal Data, you give your consent to such provision (disclosure) of the Personal Data. If you do not consent to such provision (disclosure) of the Personal Data, you will be unable to use the Service.

See Appendix 05 of the Policy for the list of third parties, to which we provide (disclose) the Personal Data, the categories of the provided Personal Data, and the specifics of processing such Personal Data by third parties.

6. STORAGE OF PERSONAL DATA

6.1. We store your Personal Data for the periods specified in Appendix 06 to the Policy. The applicable laws of Hungary or other regulations governing the processing of Personal Data may provide for a longer storage period.

7. TRANSFERS OF PERSONAL DATA TO THIRD COUNTRIES

7.1. The countries, to which we or third parties we cooperate with transfer your Personal Data, may not have data protection laws equivalent to those in your jurisdiction. In such cases, we take appropriate safeguards as stipulated by the applicable laws to ensure your data is adequately protected during its transfer outside your jurisdiction.

7.2. By accepting the Policy and providing us with your Personal Data, you give your consent to such transfer. If you do not consent to such transfer of the Personal Data, you will be unable to use the Service.

7.3. If your jurisdiction is the European Economic Area (EEA), we may transfer your data outside the EEA in order to perform a contract/agreement entered into with you. During such data transfer, we (1) meet our legal and regulatory obligations; (2) take appropriate precautions, such as abiding by the standard contractual clauses on protection of Personal Data. We will undertake all reasonable steps to ensure your data is securely processed in compliance with the Policy.

8. PERSONAL DATA OF MINORS

8.1. The Service is designed for a broad audience and may be used by the minors. The minors may access certain public features of the Service and its content without having to provide us with the Personal Data. However, the minors wishing to access all the content and functionality of the Service must sign up. Signing up involves collection of certain Personal Data. We may ask you to provide us with the information and documents proving your age. If you are a minor, we may ask you to provide us with the documents proving the emancipation from parents or the legal consent of your parent or other legal representative.

8.2. In addition, we use certain technologies, such as cookies (Section 1 1. of the Policy) to automatically collect information on our Users (Purchasers) (including minors) when they visit or use the Service. We collect, process, store and disclose the data of minors in the manner provided by the Policy.

If you are a parent or other legal representative of a child, and you became aware that your child has provided us with the Personal Data, please contact us at the address specified in Section A. of the Policy.

9. PROTECTION OF PERSONAL DATA

9.1. We use appropriate physical, electronic, managerial and technical safeguards to ensure the security of all Personal Data that we process. However, we cannot ensure or guarantee the complete (absolute) security of your Personal Data that you transfer to the Service. Despite the fact that we do our best to protect your Personal Data, you should act responsibly while transferring your Personal Data to the Service. Please use the Service only in a secure environment: in particular, use firewalls, choose a provider that encrypts traffic, etc.

10. AUTOMATED DECISION-MAKING

10.1. We do not use automated decision-making processes, including creation of User profiles, that rely on the Personal Data.

11. USE OF COOKIES AND SIMILAR TECHNOLOGIES

11.1. See our Cookie Policy to learn more about how we use cookies and similar technologies, and how you can control and/or opt out of such technologies.

12. AMENDMENTS

12.1. We may amend the Policy at any time. Any amendments we make to the Policy shall become effective upon release of the revised Policy. Every new version shall supersede any prior version of the Policy. We advise you to frequently review the Policy to stay informed about how we collect, process, and protect your Personal Data.

Appendix

to the Personal Data Processing Policy

CATEGORIES OF COLLECTED AND PROCESSED PERSONAL DATA

Appendix 02

to the Personal Data Processing Policy

DATA SUBJECTS. PROCESSED PERSONAL DATA OF DATA SUBJECTS

Appendix 03

to the Personal Data Processing Policy

PROCESSING OF PERSONAL DATA. PURPOSES AND LEGAL GROUNDS. CATEGORIES OF PERSONAL DATA

Appendix 04

to the Personal Data Processing Policy

RIGHTS OF THE DATA SUBJECTS

Appendix 05

to the Personal Data Processing Policy

THIRD PARTIES TO WHICH WE PROVIDE (DISCLOSE) PERSONAL DATA

1. Competent authorities

1.1. We transfer and disclose Provided Data, Usage Data, and Third-Party Data. Personal Data is provided upon request and in compliance with the applicable laws.

2. Sellers

2.1. We transfer and disclose the Purchasers’ Provided Data for the Seller to perform their contractual obligations to the Purchasers.

3. Providers

3.1. Payment acceptance and invoicing service providers.

3.1.1. We only transfer and disclose Provided Data to mentioned providers upon their request. If you do not engage services of the payment acceptance and invoicing service providers within the Service, we will not share Provided Data with them.

3.1.2. We neither collect nor store your credit card information. You provide such information to our payment acceptance and invoicing service providers. The way they use the Provided Data for payment acceptance is governed by their privacy policy.

3.2. Data storage service providers.

3.2.1. We store Provided Data, Usage Data and Third-Party Data at the Amazon Web Services Data Processing Center (Frankfurt, Germany):

3.3. Telecommunication service provider.

3.3.1. We transfer and disclose Provided Data to the Telecommunication Service Providers.

3.4. Advertising platforms and applications:

3.4.1. We transfer and disclose the Usage Data. The advertising platforms we use enable us to optimize and present ads based on the Service usage data, i.e., by tracking Usage Data, including cookies.

3.5. Marketing and analytics platforms.

3.5.1. We transfer and disclose the Usage Data, including cookies, for web and mobile analytics purposes, as well as to customize content within the Service: for example, to offer you not all but only those of our services that might provoke your interest.

3.6. Review aggregators. We transfer Provided Data for the purpose of requesting reviews related to the operation of the Service.

4. Purchasers of the Flowwow business/assets.

4.1. We transfer and disclose the Provided and Usage Data in relation to any merger, acquisition, sale of the Flowwow assets, financing, or purchase of all or a portion of the Flowwow business/assets by another company, or in course of negotiation regarding any of the above.

5. Affiliated companies

5.1. We transfer and disclose the Provided Data, Usage Data, and Third-Party Data to the affiliated companies to the extent required for achieving the objectives outlined in the Policy. 

6. Other suppliers and partners. We may transfer and disclose Provided Data, Usage Data, and Third-Party Data to other suppliers and partners with which we enter into agreements for the purposes set out in the Privacy Policy.

Appendix 06

to the Personal Data Processing Policy

STORAGE PERIOD OF PERSONAL DATA

Previous version of the document: https://flowwow.com/en/docs/personal-data_en-till-24-10-23/

Public Offer

This document is an offer of FLOWWOW KFT (Reg. No. 01-09-398308; VAT No. HU27796171; Address: 1061 Budapest, Paulay Ede utca 16) to conclude an Agreement for the provision of services on the terms set out below:

1. Terms

1.1. For the purpose of this Public Offer for the provision of services by the Flowwow service:

Public offer for the provision of services by the Flowwow service (the ‘Offer’) means this document available on the Internet at: https://flowwow.com/en-en/docs/agency-agreement.

The ‘Flowwow Service’ (the ‘Service’) means all pages of the website hosted on the Internet at https://flowwow.com, as well as the Flowwow Mobile Apps for Users and Sellers.

Website means all pages of the website located at https://flowwow.com.

Flowwow Mobile Applications for Sellers (the ‘Mobile Applications’) means software (for mobile devices) on the Android and iOS platforms available for Sellers to download at: https://flowwow.com/s/aa.

User means a legally capable individual using the Service to purchase Items/order Delivery of Items.

Recipient means a third party indicated by the User as the recipient of the Items if the recipient of the Items is not the User; in case of Self-pickup, a third party with whom the User has shared the Order pick-up security code and who receives the Goods by means of Self-pickup.

Personal Area means the Seller’s personal area on the Service associated with the Seller’s account in which the Seller can manage personal settings, view Order History, etc. In addition, in the Personal Area, the Seller can read information daily about:

• completed Orders;
• the amount of funds received from Users;
• the amount of remuneration to the Service;
• the amount to be transferred to the Seller.

A personal account is created for the Seller after the signup with the Service.

Item means an object of purchase and sale (a thing), not withdrawn from the market and not subject to commercial restrictions, which is the subject of a purchase/sale/supply agreement concluded using the Service. The subject of sale and purchase may be food or non-food Items about which information is posted on the Service.

Seller means a legal entity or sole trader listing their Items for sale using the Service.

Supershop means a Seller which:

• using the features of the Service, confirms the availability of Items for at least five (5) days in a row;
• has an average rating from the thirty (30) most recent reviews of not less than four and eight tenths (4.8) points. If there are fewer than thirty (30) reviews, the average score is estimated based on the available reviews;
• has had less than 10% out of the last thirty (30) Orders cancelled more than three (3) minutes after payment was made for them (the total number of cancellations by Users/Recipients and the Seller is taken into account);

Order means the performance by the User of actions aimed at concluding an agreement for the sale/supply of Items and an agreement for the Delivery of Items by placing an order directly through the Service.

Seller’s Own Order — An order placed by a User using a direct link to the Seller’s Materials posted by the Seller on third-party services on the Internet. The Seller must use a direct link to the Materials obtained on the Service: https://flowwow.com/admin/shop/view ‘Your page on Flowwow’. An order will not be considered a Seller’s Own Order if:

• the order was placed in the Mobile Application;
• after clicking on the direct link to the Seller’s Materials, the User, before placing an Order with the Seller, viewed the Materials of other Sellers on the Service.

When fulfilling a Seller’s Own order, the cost of Flowwow Services is equal to Flowwow’s remuneration for accepting funds from Users (Internet card processing) specified in clause 4.4. of the Offer.

Seller Gift Certificate (‘Seller Certificate’) means a tangible medium issued by a Seller containing an alphanumeric code confirming advance payment and giving a User/Recipient the right to purchase goods and/or services sold by the Seller in an amount equivalent to the nominal value of the Seller Certificate during the validity period of the Seller Certificate. The validity period of the Seller Certificate and the conditions for its use shall be indicated in the Service and may additionally be indicated on the Seller Certificate. Unless otherwise stated in the Terms/the Service:

• by selling and accepting a Seller Certificate, the Seller enters into a direct contractual relationship with the User/Recipient;
• in selling a Seller Certificate, the Seller shall be guided by the provisions of the Offer governing the sale of Items and/or services sold through the Service;
• a Seller Certificate cannot be used to pay for Items and/or services sold by the Seller through the Service.

Delivery means a service for the delivery of Items ordered by the User through the Service. A delivery contract is deemed to be concluded between the Seller and the User when the User places an Order on the Service.

Self-pickup shall mean independent collection of an Order at a Seller's shop (without Delivery).

Support Service means a service that the Seller can contact for technical support to resolve a problem or for additional information on a matter of interest. The Support Service can be contacted:

• via Chat;
• by email at hu@flowwow.es

Chat means a tool implemented in the Service for exchanging messages with the Support Service and Users, available in the Mobile Applications and on the Website pages.

Agreement means a paid agreement between the Seller and Flowwow that is concluded through acceptance of the Offer.

Materials mean informational materials provided by the Seller about Items, the Seller, and delivery terms that meet the requirements specified in this Offer.

Moderation means the process of verification by Flowwow of the information the Seller has provided.

Flowwow Terms of Use means the document posted on the Internet at https://flowwow.com/en-en/docs/terms-of-use .

Promotional Materials means merchandise and printed or electronic products that have a tangible form and contain means of individualization of KFT FLOWWOW, used as advertising handouts in advertising campaigns.

Invalid Order means an Order:

• payment for which is disputed as fraudulent by the issuing bank, another bank, or the cardholder through the payment system, provided that the Seller has not provided Flowwow with information/documents confirming the execution of the Order or the information/documents provided have not been recognized by the issuing bank, another bank, the cardholder, or the payment system as sufficient;
• in respect of which there are reasonable grounds to believe that it is the result of illegal actions on the part of the Seller.

1.2. Terms that are not defined in clause 1.1 of the Offer may be used in the Offer. In this case, the given term shall be construed in accordance with the text of the Offer. In the absence of an unambiguous interpretation of the term in the text of the Offer, one should be guided by the interpretation of the term defined by the legislation of Hungary or in the Service or generally used on the Internet.

2. Subject of the Agreement

2.1. The agreement is mixed and includes elements of a fee-for-service agreement and elements of an agency agreement (hereinafter referred to as the Services) under Chapter XLI (Ptk. 6:293-6:301 §) of the Civil Code.

2.2. Flowwow services include:

2.2.1. placement of the Seller’s Materials on the Service;

2.2.2. providing functionality that allows one to place an Order directly on the Service;

2.2.3. promotion of the Seller’s Items;

2.2.4. execution of an order to accept non-cash funds from Users in its own name but for the account of the Seller/transfer funds returned by the Seller to Users. The Parties acknowledge that this Service is not a payment service and Flowwow is not a payment service provider.

2.3. Flowwow may provide the Seller with additional services not specified in clause 2.2 of the Offer. Conditions for the provision of other additional services shall be negotiated by the Parties separately.

3. Terms of Service

3.1. Flowwow shall start providing Services after the conclusion of the Agreement. An agreement is concluded when a Seller accepts the Offer under the conditions outlined herein. The Offer is considered accepted by the Seller after successful signup with the Service. Flowwow shall assign a number and date to the Agreement.

3.2. By accepting the terms of the Offer, the Seller also accepts the terms of:

• the Privacy Policy posted on the Internet at https://flowwow.com/en-en/docs/personal-data;
• the Cookie Policy posted on the Internet at https://flowwow.com/en-en/docs/cookies;
• the Flowwow Loyalty programmes posted on the Internet at https://flowwow.com/en-en/docs/loyalty;
• the Terms of the Flowwow Loyalty Programme posted on the Internet at https://flowwow.com/en-en/docs/loyalty-terms;
• the Flowwow Terms of Use, posted on the Internet at https://flowwow.com/en-en/docs/terms-of-use.

3.3. To sign up with the Service, the Seller shall specify the following information and is also responsible for the correctness and relevance of the data provided:

• corporate name (name);
• location (address), including:
  • the address indicated in the state register of companies;
  • the actual address or addresses at which the Seller carries out business activities (the address of an flat cannot be indicated as the specified address);
  • the mailing address for the exchange of correspondence;
• hours of operation (working hours of the Seller);
• state registration number of the record on the creation of a legal entity or the last name, first name, and state registration number of the record on the state registration of an individual as a sole trader;
• taxpayer identification number;
• store description (logo, store photo, and short description);
• cost and time of Delivery of Items, as well as the Delivery rates for one (1) kilometre;
• bank details for settlements;
• the taxation system and VAT rate used by the Seller, if applicable;
• contact information (phone, links to social networks, website);
• contact details of the employees responsible for the execution of the Agreement;
• other values ​​specified by Flowwow as required.

3.4. When signing up with the Service, the Seller is obliged to provide accurate information. Flowwow is not responsible for the content and accuracy of the information provided by the Seller. The Seller has no right to make any claims against Flowwow and/or demand compensation for any losses in connection with the Seller providing inaccurate information.

3.5. Flowwow does not edit information about the Seller. However, the Support Service has the right to verify the correctness of the data provided, including by requesting the relevant documents.

3.6. Within ten (10) days from the moment the Seller completes all the actions necessary to sign up with the Service, the Support Service shall moderate the information provided by the Seller. Flowwow shall send a notification to the Seller in the Chat after Moderation about the successful signup with the Service or denial of signup. In case the signup is denied, the Support Service may indicate to the Seller the need to take additional actions, after which Flowwow will re-moderate.

3.7. The actions provided for in Section 3 of the Offer shall not be recognized as a proper acceptance of the Offer if performed by a person:

• in respect of which there is no information about state registration in the state register of companies;
• who provided data specified in the profile of another Seller;
• who provided incorrect/incomplete information provided for in the Offer;
• with whom an Agreement was previously terminated at the initiative of Flowwow;
• in other cases.

Flowwow has the right to deny signup to such person.

3.8. After signing up with the Service, the Seller is obliged to prepare and independently upload Materials containing:

• an Item's photo (must be clear and display the general appearance of the Item and may not contain watermarks. Flowwow recommends using a resolution of 1200×1200 pixels);
• the Item’s name;
• the price of the Item, the VAT rate (if applicable) and the discount on it (if any), information on the conditions for the purchase of the Item;
• information on the main consumer properties of the Item/the conditions for provision of services;
• information about the place of manufacture of the Item;
• information on the price and terms of delivery of the Item;
• information about the service life, expiration date, and warranty period established for the Item (if applicable);
• other information about the Item provided for by the current legislation of the Seller’s registration country or specified by Flowwow as mandatory.

3.9. The Materials become available on the Service within 30 minutes after they are uploaded by the Seller. Flowwow has the right to send the Materials for revision to the Seller at any time by removing them from the Service, including in the case of:

• provision of low-quality photos;
• insufficient description of the Item;
• indication in the description of links to third-party resources (including any contact information, links to social networks, etc.);
• creation of several Items with the same photo;
• setting prices for the Goods in excess of the prices listed by the Seller on their own online resources (website, social media) as well as on other online resources (goods/services data aggregators, advertising platforms, etc.);
• presence of alcohol and tobacco products in the Materials;
• inconsistency of the Materials with the current legislation of the Seller’s country of registration.

3.10. Where the Materials are placed on the Service shall be determined by Flowwow independently, taking into account the technological and other features of the Service as well as the ratings given to the Seller, reviews about the Seller, etc.

4. Cost of Services and Payment Procedure

4.1. The cost of Flowwow Services shall be calculated as follows:

4.1.1. The cost of the Services provided for in clauses 2.2.1.-2.2.3. of the Offer shall be calculated from the cost of the Items specified in an Order. When calculating the cost of Services provided for in clauses 2.2.1.-2.2.3. of the Offer, Flowwow does not take discounts provided for the Item or the cost of Delivery of the Items into account;

4.1.2. The cost of the Services (agency fee) provided for in clause 2.2.4. of the Offer shall be calculated based on the Order’s cost, taking into account the discount provided for the Item and Delivery of the Item.

4.2. The Seller shall independently set the cost of the Services (including agency fees) of Flowwow based on the minimum amounts specified in clause 4.4 of the Offer. When the Seller increases the cost of Flowwow Services, the Seller receives additional benefits in promoting Items on the Service (conditions are provided upon an additional request to the Support Service). The cost of Flowwow Services is reflected in the Personal Area and in each Order accepted by the Seller.

4.3. Flowwow’s remuneration shall be charged only for completed Orders.

4.4. The minimum cost of the Flowwow Services provided to the Seller is indicated in the annex to the Offer, posted at the link: https://flowwow.com/s/tarif-eu-en.

4.5. Flowwow:

• does not charge a fee for the Services if a User cancels an Order or the User/Recipient refuses the Item;
• charges a fee for the Services in the event of a partial or full cash refund by the Seller to a User based on a claim received from the User.

4.6. A User shall make a payment for an Order to the current account of Flowwow, which, acting in its own name but for the account of the Seller under Chapter XLI (Ptk. 6:293-6:301 §) of the Civil Code of Hungary, shall, on behalf of the latter:

• accept non-cash funds from Users;
• transfer funds returned by the Seller to Users;
• For settlements with individuals, Flowwow is not a payment service provider under Chapter XLI (Ptk. 6:293-6:301 §) of the Hungarian Civil Code.

4.7. Payment for Flowwow Services (including agency fees) shall be made by deducting the corresponding amount from the funds received by Flowwow from Users and to be transferred to the Seller. If the funds received by Flowwow are insufficient to pay for the Flowwow Services and/or to pay forfeits and/or any other payments, the Seller is obliged to pay the outstanding amount of funds within five (5) business days from the date of receipt of the relevant request from Flowwow. At the same time, Flowwow has the right to unilaterally offset any counter monetary claims based on relevant notifications sent to the Seller.

4.8. Information about the amount of funds to be transferred to the Seller (less amounts returned to Users, the cost of Flowwow Services, penalties, and Flowwow’s remuneration under the Terms of the Flowwow loyalty programme) is displayed in the Seller’s Personal Area. The Register for Payment is generated by Flowwow every Thursday (funds due to the Seller for the period from Saturday to Friday preceding the week of generation of the Register for Payment). Flowwow shall transfer the funds to the Seller no later than ten (10) days from the date of generation of the Register for Payment.

4.9. The Reporting Period is a calendar month. Under § 58 of the VAT Act (CXXVII), the due date is the last day of the Reporting Period. Within seven (7) business days from the end of the Reporting Period, Flowwow shall prepare the following documents (hereinafter, the Reporting Documents) and submit them to the Seller:

• a Certificate of the Services Rendered and Payment Orders Executed;
• a unilateral Report on the execution of an order to accept funds from Users in its own name but for the account of the Seller;
• a Certificate of the services rendered under the loyalty programme.

Electronic images of the Reporting Documents shall be sent to the Seller by the email specified in the Agreement.

4.10. Within five (5) business days from the date of receipt of the Reporting Documents, the Seller has the right to send Flowwow reasoned objections to the data specified in the Reporting Documents. If no reasoned objections are received from the Seller within the specified time period, the Flowwow Services shall be considered accepted by the Seller in full, and the Seller shall lose the right to raise any objections in the future.

4.11. The Service and the Seller acknowledge that, when issuing certificates on services rendered, tax invoices and reports, the name of the reference detail ‘Contractor’ is equal to the name ‘Agent’ or ‘Service’ and the name of the reference detail ‘Customer’ is equivalent to the name ‘Seller’ or ‘Principal’.

4.12. When calculating the cost of Flowwow Services, the amount of remuneration shall be rounded to the nearest integer:

• if the Nth + 1 digit < 5, then the Nth digit is preserved, and the Nth + 1 and all subsequent digits are set to zero;
• if the Nth + 1 digit ≥ 5, then the Nth digit is increased by one, and the Nth + 1 and all subsequent digits are set to zero.

5. Rights and Obligations of the Parties

5.1. Flowwow undertakes:

• to provide the Seller with Services and fulfil other obligations stipulated by the Offer;
• to advise the Seller on the operation of Flowwow.

5.2. Flowwow is entitled:

• to temporarily suspend the provision of the Services for technical, technological, or other reasons that impede the provision of the Services and the performance of other obligations for the time necessary to eliminate such reasons;
• suspend the provision of the Services / block the Seller’s operations with the Service or block the Self-pickup feature for the Seller in the event of infringement of the rules of Self-pickup, including cases where the User/Recipient was prompted to cancel their Order and purchase the Goods directly from the Seller, bypassing the Service;
• to carry out any actions (control measures) to verify the compliance of the content of the submitted Materials with the requirements of the Offer, as well as to verify the proper and conscientious fulfilment by the Seller of its obligations, including receiving (requesting) information from the Sellers:
  • about Items for sale and sold Items;
  • about completed Orders, including documents confirming the execution of the Order. Flowwow may request the specified information/documents both on its own initiative and at the request of banks/payment systems/other financial organisations/law enforcement/judicial authorities for the investigation and prevention of fraudulent transactions, as well as in other cases stipulated by the current legislation and/or the rules of payment systems;
• if Invalid Orders are detected, to block the Seller’s operation on the Service, and also, under 6:298§ of the Hungarian Civil Code, to receive compensation for material losses of Flowwow from the Seller. For the purpose of applying this provision, the Parties have estimated the amount of property losses in advance as equal to the aggregate of funds paid by Flowwow in connection with the detection of an Invalid Order, namely: the value of the Invalid Order and fines, penalties, or duties imposed by the issuing bank, another bank, another financial organisation, or the payment system, as well as law enforcement or judicial authorities. To confirm the occurrence of circumstances that the Parties link to the Seller’s obligation to reimburse Flowwow’s material losses, a report from the payment system will be sufficient evidence. The Seller must compensate for material losses within five (5) business days from the date of receipt of the relevant request from Flowwow. Flowwow has the right to receive compensation for material losses provided for in this clause of the Offer from the funds due to the Seller under clause 4.7. of the Offer;
• to make changes to the Offer and other documents specified in clause 3.2 of the Offer. If Flowwow changes the Offer and/or the documents specified in clause 3.2 of the Offer, such changes shall come into force from the moment the amended text of the Offer and/or the documents specified in clause 3.2 of the Offer is posted on the Internet at the addresses specified in clauses 1.1 and 3.2 of the Offer, unless a different date for the entry into force of the amendments is additionally specified upon such posting. The Seller agrees and acknowledges that making changes to the Offer and/or to the documents specified in clause 3.2 of the Offer entails the introduction of these changes to the Agreement, and these changes to the Agreement shall enter into force simultaneously with the changes to the Offer and/or the documents specified in clause 3.2 of the Offer. If Flowwow makes changes that the Seller disagrees with, the Seller is obliged to stop using the Service;
• to publicly refer to the corporate name of the Seller (as well as its logo or trademarks) to indicate it as one of its Sellers without paying the Seller any sums of money;
• to carry out marketing and other activities to promote the Service, including those related to providing additional promotional terms, upon placement of an Order. Flowwow independently determines the necessary terms for such activities. Flowwow shall carry out the activities specified in this clause at its own expense. As part of these activities, Flowwow has the right to transfer Promotional Materials to Sellers for subsequent transfer to Users at the time of order execution. The date of transfer of the Promotional Materials shall be the date of dispatch of the Promotional Materials to the Seller. An Acceptance Certificate in the form drafted and approved by Flowwow shall formalise the transfer of the Promotional Materials to Sellers. If it is impossible to issue an Acceptance Certificate at the time of transfer of the Promotional Materials to the Seller:
  • the electronic image of the Acceptance Certificate shall be sent to the Seller by the email specified in the Agreement within seven (7) business days from the date of transfer of the Promotional Materials;
  • the original of the Acceptance Certificate shall be sent to the Seller together with the originals of the documents and on the conditions specified in clause 4.9 of the Offer. Within five (5) business days from the date of receipt of the Acceptance Certificate, the Seller must sign the Certificate and return one copy to Flowwow or provide a reasoned refusal to sign it. If the Seller does not send either a signed Act or a reasoned refusal to sign it within the specified period, the Promotional Materials shall be deemed accepted by the Seller, and the Acceptance Certificate shall be deemed signed.

5.3. The Seller undertakes:

• within Ninety (90) minutes from the receipt of an Order, to accept or reject the Order.
  • If the Order is received during the Seller’s working hours, the period starts when the Order is received. The course of the period shall be interrupted and the remainder shall be postponed to the next business day of the Seller if, at the time of receipt of the Order, less than forty-five (45) minutes remain until the end of the Seller’s business day;
  • If the Order is received outside the Seller’s working hours, the period starts from the beginning of the first working day of the Seller following the day of receipt of the Order;
• Independently, in accordance with the legislation of the Seller’s country of tax residence, to issue Tax Invoices and other required documents to the User as part of each order;
• to keep copies of documents and other information related to sold Items and completed Orders for one (1) year from the date of sale/fulfilment and, upon request from Flowwow, submit documents/information no later than one (1) business day from the date such request is received;
• The Seller is fully responsible for organising the Delivery of Items and for the Delivery of the Items unless otherwise provided by the current legislation of the Seller’s country of registration. The Seller has the right to entrust the Delivery of Items to the User to a third party while remaining responsible for its actions. A Seller is obliged to inform the User through the Service about the Delivery cost and the party to which the Delivery of an Item has been entrusted if the Seller engages a third party for the Item’s Delivery. The Seller is obliged to ensure that a third party engaged for the Delivery of Items fulfils the following obligations:
  • not to communicate with the User/Recipient on matters not related to the execution of the Order;
  • to transfer information to the User/Recipient, as well as documents for the Item, provided for by the current legislation of the Seller’s country of registration;
  • under no circumstances to demand funds from the User/Recipient;
  • to keep the contacts communicated to the User/Recipient in working order;
  • to communicate politely with the User/Recipient;
  • to have a neat appearance;
  • to speak properly;
  • not to disclose information about the User to the Recipient;
  • to treat the Items with care;
  • to ensure compliance with the sanitary rules for the transportation of the Items and adherence to a certain temperature regime for the Delivery of the Items, to ensure the cleanliness and integrity of both the packaging and the Items, and to prevent such placement of the Items where one Item can damage another;
• to execute Orders personally, except as provided for in the Offer;
• provide Flowwow with Materials and information in accordance with the requirements of the Offer;
• when preparing, creating, and changing the Materials, to comply with all Flowwow’s requirements for the Materials and placement conditions stipulated by the Offer, as well as all applicable norms and requirements of the current legislation of Seller’s country of registration;
• to be responsible for compliance with safety standards, storage conditions, preparation, and packaging of food products if such Items are sold on the Service;
• to provide information in the Materials on the ingredients of food products under the legislation of the Seller’s country, including but not limited to information on substances that cause allergies and/or intolerances and storage conditions; Flowwow’s responsibility is limited to the obligation to display the information specified by the Seller in the Materials on the Service;
• to provide Materials whose content corresponds to the current offerings of the Seller;
• set prices for the Goods with the Service in an amount not exceeding the prices listed by the Seller on their own online resources (website, social media) as well as on other online resources (goods/services data aggregators, advertising platforms, etc.);
• within two (2) calendar days from the date of receipt of the relevant request, to provide duly certified copies of documents confirming the information provided to Flowwow, including that contained in the Materials;
• not to dispute the fact that additional information materials from Flowwow may accompany the display of the Materials it has provided;
• not to distribute any advertising materials (its own or those of third parties) with an Item without prior written consent from Flowwow;
• not to distribute, publish, or otherwise provide incorrect information about the Service (including information containing profanity, representing Flowwow in a negative light, or otherwise running counter to ethical and moral principles and norms and the principles of good faith and integrity, but not limited to such information);
• not to use the Flowwow brand traffic for advertising its store in contextual advertising;
• to ensure the security of the personal data of Users/User representatives;
• if the information specified in clause 3.3 of the Offer changes, to inform Flowwow about this within one (1) business day from the date of such changes;
• to respond promptly (i.e., within thirty (30) minutes from the receipt of the request, if the request was received during the Seller’s business hours, or within thirty (30) minutes from the start of the first working day following the day of receipt of the request, if the request was received outside the Seller’s business hours) to requests from Users and the Support Service;
• to process the personal data of Users/Recipients following the requirements of GDPR, without the possibility of transferring the User’s/Recipient’s data to third parties, except in cases expressly established by GDPR;
• maintain the confidentiality of data provided by the User, including the User’s preferences/comments related to their Order, greeting card texts, the contents of chat conversations with the User. The Seller shall have no right to distribute the above data, transfer it to third parties, or use it in any other way except for fulfilling Orders. The Seller shall prevent the illegal dissemination of information related to the private life of the User/Recipient. The Seller shall not discredit the honour, dignity, or business reputation of third parties;
• to ensure employees comply with the Agreement;
• specify whether Self-pickup is available for the Goods, maintain up-to-date the information about Self-pickup availability and the business hours of the Seller's shop;
• hand over the Goods by means of Self-pickup within the time period selected by the User at the time of Order placement. Orders must be ready for pickup from the beginning of the time period specified at the time of Order placement.
• when selling/executing a Seller Certificate:
  • to convey the complete conditions for the purchase and use of the Seller Certificate to the User/Recipient;
  • to sell goods and/or provide services upon presentation by the User/Recipient of a Seller Certificate;
  • not to demand additional payment for goods and/or services from a User/Recipient unless otherwise provided by the terms of the Seller Certificate;
  • independently and at its own expense, settle all claims related to the sale and use by a Recipient/User of a Seller Certificate, including one submitted by a Recipient/User of Flowwow.
• when placing Materials associated with age-restricted Goods, specify this in respective product cards (by selecting the ‘18+ Item’ attribute using the Service features). Flowwow shall have the right to modify the specified attribute in product cards if Flowwow deems that the Seller has incorrectly determined the age restrictions of the Goods;
• comply with the regulations governing the sale of age-restricted Goods provided for by applicable law;
• when fulfilling Orders including age-restricted Goods, at the time of handing over the Goods to the User / the Recipient, verify the age of the User / the Recipient by requesting them to produce a valid identification document. The Seller shall be solely responsible for verifying the age of the User / the Recipient in accordance with the requirements of applicable law.

5.4. The Seller is entitled:

• to use the services of the Support Service and submit requests regarding the operation of the Service.

5.5. Each Party retains all rights to trademarks and/or other intellectual property items (including logos, designs, and drawings) that may be used under the Agreement. The conclusion of the Agreement cannot be interpreted as granting the Seller any licenses and/or rights of use concerning Flowwow’s intellectual property items.

5.6. By posting Materials on the Service, the Seller simultaneously grants Flowwow a transferable simplenon-exclusive license to use the relevant Materials in the activities of Flowwow and/or other Sellers, including for the purpose of advertising the Item and/or Service and/or the Seller and/or other Sellers worldwide without payment of any remuneration or the need to obtain any additional consents and/or permissions. The license shall be granted for the entire period of validity of the exclusive rights to the Materials in the following scope:

• reproduction of the Materials;
• distribution of the Materials in any way;
• public display of the Materials, including public performances of works that include the Materials;
• making the Materials available to the general public;
• broadcasting on the air or by cable;
• reworking of the Materials;
• inclusion of the Materials in a composite work or other complex object.

5.7. The Seller shall have the right to use Flowwow’s trademarks and logos for the purpose of providing information that the Seller’s shop is available with the Service. Links embedded in the Flowwow logo / trademark must lead to the Seller’s shop page with the Service.

When using trademarks and logos, the Seller shall be guided by the rules available at: https://info.flowwow.com/en/brandbook, in particular, use only the logos and trademarks specified in the rules.

Flowwow shall have the right, at any time, to prohibit the use of trademarks and logos, demand the removal of trademarks and logos from the resources on which they were published by the Seller. The Seller shall comply with such Flowwow’s request within 2 (two) days of receipt.

The use of Flowwow’s trademarks and logos in accordance with this clause shall not cause damage to the business reputation of Flowwow or be accompanied with false or offensive information regarding Flowwow or the Service.

The Seller shall cease using Flowwow’s trademarks and logos in the event of termination / expiration of the Agreement for any reason.

6. Responsibility

6.1. The Seller is responsible for executing the Agreement/Agreements concluded between a User and the Seller using the Service and for observing other rights of the Users unless otherwise expressly provided by the current legislation of the Seller’s country. Concerning individuals, Flowwow’s liability is limited to the liability provided by Chapter XLI (Ptk. 6:293-6:301 §) of the Hungarian Civil Code for owners of aggregators.

6.2. Flowwow provides Sellers with the function of information support for consideration of User claims. This does not imply that Flowwow has the authority to satisfy Users’ claims, including those related to the inadequate quality of Items and/or Services for the Delivery of Items. When providing such a function, Flowwow acts as an arbitrator.

6.3. Within three (3) days from the moment the Seller fulfils an Order, the User has the opportunity to settle any claim with the Seller through the Service. After the specified period, the User will settle all claims directly with the Seller without the involvement of Flowwow unless otherwise provided by the current legislation of the Seller’s country.

6.4. Acting as an arbitrator, Flowwow has the right to request information and documents necessary to decide on a claim from the Seller. Information and documents must be provided within one (1) business day of the Seller from the date of receipt of the relevant request. The Seller’s failure to provide the requested information and/or documents may be grounds for deciding on the claim in favour of the User.

6.5. If:

• the Seller cancels an Order on grounds not related to the actions of the User/Recipient, as well as if the Order was not accepted/was rejected by the Seller within the period specified in clause 5.3. of the Offer, the Seller, at the request of Flowwow, undertakes to pay Flowwow a fine in the following amount:
  • The order is in ‘New’ status — the amount of the fine shall be 100% of the cost of the Flowwow Services specified in clause 4.1.1. of the Offer for each cancellation. The Service shall have the right to void such Order without prior agreement with the Seller;
  • The order is in ‘Accepted’ status (‘Photo before delivery’ or ‘Courier left’ or ‘Ready’ in case of Self-pickup) — the amount of the fine shall be 150% of the cost of the Flowwow Services specified in clause 4.1.1. of the Offer for each cancellation.
  • in the event of a failure by the Seller to accept an Order within the period specified in clause 5.3. of the Public Offer / in the event of an Order cancellation by the Seller (automatic cancellation), the Seller shall, at the request of Flowwow, pay a penalty to Flowwow in the amount of 150% of the Flowwow service fee specified in clause 4.1.1. of the Public Offer for each case of automatic Order cancellation. In addition, in relation to such an Order, the Service software shall assign a rating of 1 in the ‘Ratings and reviews’ section and post an info message saying that an automatic cancellation occurred.

If the Seller has cancelled only one (1) Order in the current reporting period, Flowwow shall have the right not to apply penalties to the Seller.

In the event of:

• violation by the Seller of the delivery time of the Item;
• a failure by the Seller to meet the handover period for the Goods in case of Self-pickup;
• substitution of the Item/the composition of the Item (unless the User initiated the substitution);
• delivery of defective Items/Items in a lesser quantity than was provided for in the Order, the Seller, at the request of Flowwow, undertakes to pay Flowwow a fine in an amount not exceeding the cost of the Order. Flowwow shall determine the amount of the fine independently.

If the Seller uses search engine queries containing the Flowwow brand name in paid search to promote its shop, the Seller shall, at the request of Flowwow, pay a penalty to Flowwow in the amount of five hundred thousand (500,000) HUF for each confirmed case, as well as compensate Flowwow for the damages caused.

If the Seller uses Users’ personal data for the purpose of distributing marketing materials, the Seller shall, at the request of Flowwow, pay a penalty to Flowwow in the amount of one hundred thousand (100,000) HUF for each confirmed case, as well as compensate Flowwow for the damages caused.

If the seller discloses to third parties Order details, Order-related data provided by the User (in addition to personal data), including the User’s preferences/comments related to their Order, greeting card texts, the contents of chat conversations with the User, the Seller shall, at the request of Flowwow, pay a penalty to Flowwow in the amount of 500,000 (five hundred thousand) HUF for each confirmed case, as well as compensate Flowwow for the damages caused. In the event of disclosure of the User's personal data, the penalty mentioned above in this clause 6.5 shall apply;

In the event of infringement of the rules of Self-pickup, including cases where the User/Recipient was prompted to cancel their Order and purchase the Goods directly from the Seller, bypassing the Service, the Seller shall, at the request of Flowwow, pay a penalty to Flowwow in the amount of the Order value for each confirmed case, as well as compensate Flowwow for the damages caused.

If the Seller breaches of other terms and conditions of the Public Offer not explicitly specified in Section 6, the Seller shall, at the request of Flowwow, pay a penalty to Flowwow in the amount of 500,000 (five hundred thousand) HUF for each confirmed case, as well as compensate Flowwow for the damages caused.

Flowwow has the right to withhold the amount of fines provided for in this clause of the Offer from funds due to the Seller in accordance with clause 4.7. of the Offer.

6.6. The Seller is responsible for the information provided to Flowwow on the VAT rate for Items and/or Delivery and for the veracity of the specified information. The Seller is also fully responsible for promptly updating data on the Service if the Seller was exempted from paying VAT but subsequently switched to paying VAT. If the Seller’s failure to provide information or provision of false information about the VAT rate was the basis for disputes or any claims against Flowwow, including legal liability on Flowwow’s part, the Seller undertakes to resolve the disputes and settle such claims on its own and at its own expense or reimburse Flowwow for losses incurred (including legal costs and the amount of fines imposed). Flowwow has the right to reimburse the losses incurred by withholding them from funds due to the Seller in accordance with clause 4.7. of the Offer. Flowwow is not responsible for incorrect and/or untimely provision of VAT rate information by the Seller.

6.7. If, due to a technical failure in the operation of the Service resulting in incorrect display of an Order, a User, in accordance with Section IV of the Flowwow Terms of Use, has filed a claim and/or cancelled the Order and/or refused the Item, the Seller shall have the right to demand reimbursement of the costs incurred from Flowwow. The amount of reimbursement shall be determined by Flowwow independently and may not in any case exceed the cost of the Order placed and paid for by the User.

7. Warranties

7.1. During the Agreement term, Flowwow will make every effort to correct any failures or errors should they occur. At the same time, Flowwow does not guarantee that there will be no errors or failures in the placement of Materials and the provision of the services provided for in clause 2.2 of the Offer, including concerning the operation of the software.

7.2. Except for the guarantees expressly stated in the Offer text, Flowwow does not provide any other express or implied guarantees under the Agreement and expressly disclaims any guarantees or conditions concerning non-violation of rights and the compliance of the Services with the specific purposes of the Seller.

7.3. The Seller warrants and confirms the following:

• it is a duly registered and legally operating legal entity/sole trader;
• the Seller has indicated reliable data, including the personal data of its representatives, during signup and the Seller has obtained the consent of its representatives to provide their personal data to Flowwow;
• the Seller: a) has fully read the terms of the Offer; b) fully understands the subject of the Offer; c) fully understands the meaning and consequences of its actions concerning the conclusion and execution of the Agreement;
• the posted Materials do not violate and do not entail the violation of any rights of third parties or the current legislation of the Seller’s country;
• the Items about which information is contained in the Materials provided by the Seller were legally placed on the market in the territory of the Seller’s country;
• the Seller is a bona fide taxpayer, is registered for tax purposes and complies with the requirements of the tax legislation of its country of tax residence, and is also an independent payer of taxes and fees in accordance with the legislation of its country of tax residence;
• the Seller complies with the legislation of its country governing the procedure for hiring foreign labour;
• the Seller has all the required powers, approvals, and permits from the competent management bodies of the Seller to conclude the Agreement, and signing and executing the Agreement does not constitute a violation of the Seller’s Articles of Association (if applicable).

8. Dispute Resolution

8.1. The current legislation of Hungary governs the Agreement, its conclusion, and its execution. All issues not settled by the Offer or not fully settled shall be settled in accordance with the substantive law of Hungary.

8.2. The parties will strive to resolve disputes, disagreements, and/or claims that have arisen by means of negotiations. The Parties must have a claim procedure for resolving disputes, disagreements, and/or claims. The term for consideration of a claim is ten (10) days from the date of its receipt. Compliance with the requirements for sending legally important messages outlined in Section 9 of the Offer when submitting a claim is necessary for observing the claim procedure for resolving disputes. A claim is deemed to have been delivered in the event of unfair obstruction or evasion of receipt of a mailing or letter or blocking of receipt of electronic messages from the sending Party.

8.3. Disputes, disagreements, and/or claims that are not settled in the complaint procedure are subject to consideration in court at the location of Flowwow in accordance with the current legislation of Hungary.

9. Information Exchange and Legally Significant Messages

9.1. Unless otherwise stated in other provisions of the Offer, all statements, notifications, notices, demands, or other legally significant messages required or sent in connection with the Agreement may be sent by registered mail, courier service, electronic messages addressed to the Party at its contact details or email address, or chat. Any legally significant messages are considered transmitted:

• on the day of Delivery — if sent by mail or courier service;
• on the day of sending — if sent by email or Chat.

9.2. Legally significant messages sent by email or in Chat have full legal force and may be used as evidence in court if the following conditions are met:

• they must contain, as an attachment, a copy of a duly executed document executed on paper and reflecting the relevant legally significant message signed by an authorised person, and
• if sent by email, they must be sent to the email address of the Receiving Party specified in cl. 9.3;
• a printout of a report on the sending of an email message and/or a screenshot of the Chat screen shall be deemed by the Parties to be admissible written evidence that a legally important message was sent and received by the Party.

9.3. Email addresses of the Parties:

• for Flowwow: hu@flowwow.es ;
• for the Seller: the email address specified when registering on the Service.

10. Mobile Application and Website

10.1. The Seller is responsible for its own actions in connection with the use of Mobile Applications and/or the Website.

10.2. Flowwow, at its sole discretion, has the right at any time to change the design of the Mobile Applications and/or the Website and its content and functionality, change or supplement the scripts or software used, etc.

10.3. Flowwow ensures the functioning and operability of the Mobile Applications and the Website and undertakes to promptly restore their operability in the event of technical failures and interruptions. Flowwow is not responsible for temporary disruptions and interruptions in the operation of the Mobile Applications and/or the Website or loss of information caused thereby. Flowwow is not responsible for any damage to the Seller’s computer/mobile devices or any other equipment or software caused by or associated with the use of the Mobile Applications and/or the Website.

10.4. Flowwow shall not be liable to the Seller for the inability to use the Mobile Applications and/or the Website for any reasons beyond Flowwow’s control.

10.5. The Seller has the right to demand compensation for losses only if it is proven that Flowwow committed a direct wrongful act (omission) with direct intent to cause damage to the Seller.

10.6. Except for the cases specified in the Offer, Flowwow shall under no circumstances be liable to the Seller or any third parties for any indirect, accidental, or unintentional damage, including lost profits or data or damage to honour, dignity, or business reputation associated with the use of the Mobile Applications and/or the Website.

11. Conclusion and Termination of the Contract

11.1 The Agreement shall enter into force from the moment the Seller accepts the Offer and shall be valid until the Agreement is terminated.

11.2. The Agreement may be terminated at any time by the Parties’ agreement.

11.3. The Agreement may be terminated by Flowwow immediately with written notification to the Seller if the Seller violates the terms of the Agreement in the following cases:

• repeated violation of the Delivery time;
• a repeated failure to meet the handover period for the Goods in case of Self-pickup;
• repeated violation of the requirements for the quality of Items;
• repeated substitution of Items;
• use of someone else’s Materials;
• sending of spam to Users;
• rude communication with Users and/or Flowwow;
• ignoring Orders;
• repeated cancellation of Orders without justified reasons;
• setting prices for the Goods with the Service in excess of the prices listed by the Seller on their own online resources (website, social media) as well as on other online resources (goods/services data aggregators, advertising platforms, etc.);
• submission of inferior Materials and refusal to correct Flowwow’s comments;
• provision of false information about the Seller and/or the Items for sale;
• entrusting the execution of the Order to third parties, except for the cases provided for in the Offer;
• provision of incorrect details;
• repeated violation of Flowwow’s requirements for the delivery of Items;
• debts owed to Flowwow;
• the Seller is in the process of liquidation or bankruptcy;
• other violations of the terms of the Offer.

11.4. The Seller or Flowwow may terminate the Agreement with no reason given (with no obligation to explain) unilaterally and out of court by sending a written notice to the other party no later than seven (7) days before the date of termination of the Agreement. In this case, neither party has the right to claim any compensation from the other party.

11.5. The obligations of the Parties under the Agreement which by their nature must remain in force (including but not limited to obligations regarding confidentiality, settlements, and use of information) shall remain in effect after the expiration of the Agreement.

11.6. Termination of the Agreement for any reason shall not release the Parties from liability for violations of the terms of the Agreement arising during its validity period.

11.7. Due to the technical features of the Service’s operation, data about the Seller and the orders executed thereby are not deleted from the Service after the termination of the Agreement. Only the personal data of the Seller’s employees and other persons whose personal data was provided by the Seller are subject to deletion.

12. Flowwow’s Details

FLOWWOW KFT, Reg. No. 01-09-398308, VAT No. HU27796171
Address: 1061 Budapest, Paulay Ede utca 16.

Publication date: 05.04.2024.

Previous version of the document: https://flowwow.com/en/docs/agency-agreement_en-till-04-04-2024/