Legal information
General Terms and Conditions – Folkem Ordering Portal
1. Supplier
FOLKEM Csomagolástechnikai, Nyomdaipari és Szolgáltató Kft. (short: FOLKEM Kft.; hereinafter: Folkem)
Registered office: Köntösgát sor 8., 4031 Debrecen, Hungary · Company reg. no.: 09-09-007381 (Court of Registration of the Debrecen Regional Court) · Tax no.: 12494921-2-09 · EU VAT no.: HU12494921
Phone: +36 52 532 380 · E-mail: [email protected] · Sales contact: György Margitics, +36 30 296 5212, [email protected]
2. Definitions
- Portal: Folkem's ordering platform at rendeles.folkem.org.
- Customer: the business organisation or sole trader that registers on the Portal, requests a quotation or accepts a quotation.
- User: the natural person using the Portal on behalf of the Customer.
- Quote request: the product list compiled and submitted by the Customer; it is not an order.
- Quotation: the itemised, priced offer issued by Folkem on the Portal, with its terms (delivery date, payment method, delivery).
- Order: acceptance and signature of the Quotation on the Portal; this concludes the contract.
- Custom product: a product printed with the Customer's artwork or manufactured specifically for the Customer.
3. Scope
3.1. These Terms apply to all contracts concluded between Folkem and the Customer through the Portal.
3.2. The Portal is available exclusively to businesses and sole traders acting in the course of their business. By registering, the Customer declares that it does not act as a consumer; consumer protection rules (including the right of withdrawal) do not apply.
3.3. Order of precedence: (1) an individual written contract between the parties, (2) the accepted Quotation, (3) these Terms. The Customer's own terms and conditions only form part of the contract if Folkem has expressly accepted them in writing.
3.4. Matters not covered by these Terms are governed by Hungarian Act V of 2013 on the Civil Code (Ptk.). The language of the contract is Hungarian; this English text is a translation, and the Hungarian version prevails.
4. Registration and account
4.1. Registration requires an e-mail address and a PIN. Before the first quote request, the Customer must provide accurate company details (company name, registered office, tax number, billing and delivery address) and keep them up to date on the Portal.
4.2. The Customer must keep its login details (partner ID, e-mail address, PIN) confidential. Statements made from the account are deemed to be the Customer's statements, unless the Customer has previously reported unauthorised use of the account.
4.3. Folkem may refuse a registration or suspend an account if the details given are false, the Customer has overdue debts, or the Portal is misused.
5. Quote requests and quotations
5.1. Submitting a quote request does not create any payment obligation and is not an order. Catalogue data on the website (folkem.org) and on the Portal are for information only and do not constitute an offer.
5.2. Folkem replies to a quote request with a Quotation on the Portal, stating the items, net unit prices, fees, confirmed delivery date, payment method and term, and delivery method. Folkem is bound by the Quotation until the validity date stated in it.
5.3. Folkem may decline a quote request without giving reasons, or propose changes to the list (e.g. rounding to packaging units, or minimum quantities for custom print).
6. Conclusion of contract – placing an order creates a payment obligation
6.1. The contract is concluded when the User accepts the Quotation on the Portal: enters the signatory's name and position, signs, ticks the confirmation statement, presses the “Accept and order – with obligation to pay” button and, if requested by the Portal, confirms with the one-time code sent to their e-mail address.
6.2. The signatory declares that they are authorised to represent the Customer or to place the order. In the absence of authority, the signatory is liable under the Civil Code.
6.3. The parties regard electronic statements made on the Portal, which identify the person making the statement and its time and can be retrieved unchanged, as written statements (section 6:7 of the Civil Code) and accept their evidential value. The Portal records the time of acceptance, the User's e-mail address, IP address and the version of these Terms.
6.4. Folkem sends the accepted Quotation to both parties as an electronically sealed PDF; in case of dispute its content prevails. The contract qualifies as a written contract; Folkem files it and it remains accessible to the Customer on the Portal.
6.5. If, after acceptance, Folkem identifies an obstacle to production (e.g. the artwork infringes rights or cannot be produced technically), it notifies the Customer without delay and the parties agree on how to proceed.
7. Prices and fees
7.1. Prices are net prices in Hungarian forints (HUF); VAT is added on the invoice as required by law.
7.2. The extended producer responsibility (EPR) fee is shown per item in the Quotation. Any other fees (delivery, printing plates or clichés, artwork, pallets, rush surcharge) are shown as separate items in the Quotation; fees not included in the Quotation cannot be charged.
7.3. Prices in an accepted Quotation do not change until performance, unless the Customer later asks to change the quantity, artwork or delivery date.
8. Payment terms
8.1. The payment method and term are set out in the Quotation (e.g. prepayment by bank transfer, bank transfer within 8, 15 or 30 days of the invoice date, cash on collection). Failing this, the payment term is 8 days from the invoice date.
8.2. Folkem may request a deposit or full prepayment – in particular for new Customers, Custom products or high-value orders. In that case production starts once the deposit is credited, and the delivery date runs from that date.
8.3. Folkem issues an invoice for each (partial) delivery and may send it electronically; the Customer agrees to this. Payment is made when the amount is credited to Folkem's bank account.
8.4. In case of late payment, the Customer must pay default interest under section 6:155 of the Civil Code (the central bank base rate valid on the first day of the relevant calendar half-year plus 8 percentage points) and a flat recovery fee of at least the HUF equivalent of EUR 40.
8.5. If payments are overdue, Folkem may suspend further performance (production, delivery) until the debt is settled and may require prepayment for new orders; it is not liable for resulting delays.
8.6. The Customer may only set off its claims against Folkem against the purchase price with Folkem's written consent.
9. Artwork, design preview and printing plates
9.1. The Customer warrants that it is entitled to use the artwork supplied (logo, text, image) and that it does not infringe the rights of third parties (copyright, trademark, personality rights). The Customer is liable for any resulting claims and must indemnify Folkem.
9.2. Folkem may refuse to print unlawful, misleading or immoral content.
9.3. For Custom products, Folkem prepares a design preview, which the Customer approves item by item on the Portal. Production follows the approved design preview; Folkem is not liable for errors remaining in an approved preview (e.g. typos, wrong phone number).
9.4. Colours on screen and in print may differ. Minor deviations in colour, registration and position resulting from printing technology, and natural colour variation of the paper, are not defects. Exact colour matching can only be undertaken on the basis of an agreed colour reference (e.g. Pantone).
9.5. Printing plates, clichés and production files made by Folkem remain Folkem's property even if the Customer has paid for them. Folkem may keep the Customer's artwork for repeat orders and will not use it for other customers.
9.6. For printed items, the item code also identifies the artwork (e.g. PO-005/55); the same code applies to repeat orders of the same artwork.
10. Production and delivery date
10.1. Folkem confirms the delivery date in the Quotation. It runs from the latest of: acceptance of the Quotation, approval of the design preview, receipt of print-ready artwork, receipt of the deposit.
10.2. A delivery date requested by the Customer but not confirmed by Folkem is for information only.
10.3. Folkem may make partial or early deliveries if this does not cause disproportionate inconvenience to the Customer.
10.4. Delays caused by the Customer (late approval, information, payment or acceptance) extend the delivery date accordingly.
11. Quantity tolerance
11.1. Due to the production process, for Custom products the delivered quantity may vary by ±10% from the quantity ordered; the quantity actually delivered is invoiced. Such variation is not a defective performance.
11.2. Plain (unprinted) products are delivered in full master cartons; quantities in the Quotation are rounded to carton units.
12. Delivery, acceptance, risk
12.1. The place and method of delivery are set out in the Quotation: (a) collection from Folkem's site in Debrecen, or (b) delivery to the address given by the Customer. Failing this, the place of performance is Folkem's site.
12.2. Risk passes to the Customer on handover when collected, or on handover of the shipment at the given address when delivered.
12.3. For deliveries, the Customer must arrange acceptance and unloading (suitable equipment, staff, access). If delivery fails for reasons attributable to the Customer, the cost of redelivery is borne by the Customer.
12.4. Pallets are exchanged or charged as set out in the Quotation.
13. Goods not collected
If the Customer does not collect the products within 15 days of notice that they are ready, or does not allow delivery, Folkem may invoice the products and charge storage at the rate set in the Quotation or, failing that, as agreed by the parties. During storage the risk is borne by the Customer.
14. Retention of title
Folkem retains title to the products until the purchase price and related fees have been paid in full. The Customer may use the products in the ordinary course of business but may not pledge them as security.
15. Changes and cancellation
15.1. An accepted order may only be changed or cancelled by mutual agreement, on the Portal or in writing.
15.2. For Custom products, once production has started (plate making, material ordering), the Customer must reimburse costs incurred by Folkem up to cancellation (material, plates, work done) and must accept and pay for Custom products already produced.
15.3. In case of a serious breach by the Customer (in particular repeated late payment), Folkem may withdraw from or terminate the contract and claim damages.
16. Quality complaints and warranty
16.1. The Customer must inspect the shipment for quantity and visible damage on receipt and record any discrepancy on the delivery note or carrier's document. Later complaints about visible shortages or damage cannot be accepted.
16.2. Other quality complaints must be made in writing (on the Portal or by e-mail) immediately after discovery and no later than 8 days, with a description of the defect and photos, keeping the products concerned and the master carton label (batch number). Folkem may inspect the products concerned.
16.3. If a complaint is justified, Folkem will, at its choice, repair, replace or grant a price reduction; if none of these is possible, the Customer may withdraw in respect of the defective item. Pending assessment, the Customer may not withhold payment for items not complained about.
16.4. Folkem is not liable for defects arising from improper use or storage (moisture, heat, direct sunlight, food or drink at a temperature unsuitable for the product). Suitability (e.g. for cold or hot drinks or food) is stated in the catalogue and the Quotation; Folkem provides the declaration of compliance for food contact materials on request.
16.5. Warranty claims may be made within one year of delivery.
17. Liability
17.1. To the extent permitted by law, Folkem's liability for damage caused by breach of contract is limited to the net value of the order concerned and does not cover loss of profit or indirect and consequential damage.
17.2. This limitation does not apply to liability for intentional or grossly negligent breach, or for breach causing injury to life, body or health (section 6:152 of the Civil Code).
17.3. The AI assistant, the calculators and informative data on the website do not form part of the contract; the content of the contract is determined solely by the accepted Quotation and these Terms.
18. Force majeure
Neither party is liable for delay or failure to perform caused by unforeseeable circumstances beyond its control (e.g. natural disaster, epidemic, war, disruption of energy or raw material supply, official measures, strikes). The affected party must notify the other without delay. If the obstacle lasts longer than 60 days, either party may terminate the order concerned; any part already performed must still be paid for.
19. Confidentiality and references
19.1. The parties keep business secrets, prices and individual terms learned in connection with the contract confidential.
19.2. Folkem may show photos of Custom products made for the Customer as references (website, catalogue, trade fairs), unless the Customer prohibits this in writing.
20. Communication and notices
The parties communicate primarily via the Portal (messages, chat) and by e-mail. A notice published on the Portal or sent to the registered e-mail address is deemed received on the working day after it is sent. The Customer must keep its contact details up to date on the Portal.
21. Data protection
Personal data are processed in accordance with the privacy notice available on the Portal and on folkem.org.
22. Governing law and disputes
The contract is governed by Hungarian law; the parties exclude the application of the UN Convention on Contracts for the International Sale of Goods (CISG). The parties will first try to settle disputes by negotiation; failing that, depending on subject-matter jurisdiction, the Debrecen District Court or the Debrecen Regional Court has exclusive jurisdiction.
23. Changes to these Terms
Folkem may change these Terms and will publish changes on the Portal and on folkem.org. Amended Terms apply to Quotations accepted after publication; contracts already concluded are governed by the version in force at acceptance. On registration and on each acceptance of a Quotation, the Customer accepts the version then in force, the version number of which is recorded by the Portal.