Version effective till 28 September 2024
These General Terms and Conditions (hereinafter referred to as the " Terms and Conditions" or “TC” or "GTC") set out the terms and conditions of the use of the website (hereinafter referred to as the "Website") operated by Boonshelf Ltd. (Registered Office: 1151 Budapest Lenvirág street 53, Tax ID: 32413676-2-42, Company Registration Number: 01-09-422853) (hereinafter referred to as the "Service Provider") available at the url: www.boonshelf.com, and of the related services available through the Website (hereinafter referred to as the "Service"). Use of the Website is only possible in accordance with these Terms and Conditions.
General provisions
These General Terms and Conditions (hereinafter referred to as the " Terms and Conditions" or “TC” or "GTC") set out the terms and conditions of the use of the website (hereinafter referred to as the "Website") operated by Boonshelf Ltd. (Registered Office: 1151 Budapest Lenvirág street 53, Tax ID: 32413676-2-42, Company Registration Number: 01-09-422853) (hereinafter referred to as the "Operator") available at the url: www.boonshelf.com, and of the related services available through the Website (hereinafter referred to as the "Service"). Use of the Website is only possible in accordance with these Terms and Conditions.
For the purpose of this Terms and Conditions, a user is any person who views or registers on the Website, publishes a listing on the Website or uses any of the services available through the Website (hereinafter referred to as the "User").
The Services available on the Website may be used by an individual User who is of the age of legal competence and fully capable.
The purpose of the Website and the related services is to connect Users, first and foremost, for the purpose of providing support to NGOs and for the purpose of selling their own products to facilitate the realisation of support, and to make visible the support provided by Users to the organisations.
The User is obliged to accept the Terms and Conditions of Use when registering, without accepting them the User cannot finalize his/her registration or create his/her own user account (hereinafter: User Account). By ticking the checkbox during registration, the User accepts the Terms and Conditions se as fully in agreement with his/her will, as well as the Privacy Policy with regard to the processing of his/her data provided during registration.
The Service Provider operates the Website, within the framework of which it is obliged to ensure the unhindered and proper operation of the IT background of the Service, including all the essential conditions necessary to fulfil the purpose of the Service. The Service Provider shall not be liable in the event of impossibility of performance of this obligation due to reasons beyond its control. Furthermore, the Service Provider is entitled to suspend the Service partially or completely without any prior information or notification in order to maintain the Website or for other safety reasons.
The Service Provider is entitled to modify these Terms and Conditions at any time. The modification will be notified to the Users in the form of a short notice on the opening page. After the date of the amendment, the User, by using any Service, also accepts the amendment of the Terms and Conditions.
In case of any discrepancy or inconsistency between the English and Hungarian versions, the Hungarian version of the contract shall prevail.
Access to and use of the Service
The Services are available on the Website with or without the creation of a user account.
A significant part of the content of the Website is available to all legally competent individuals, even without registration. However, some of the services are available only upon registration and login.
Uploading products and sending messages through the Website is subject to registration.
Persons wishing to use the Services available only through a user account can create a User Account through the Registration link. The User shall provide the following information to the Service Provider during the registration process:
- Surname - mandatory data, not public to others
- First name - mandatory data that is publicly available to the website when an advertisement is published to others, data that becomes public to the advertiser when contacting the advertiser.
- E-mail address - mandatory, not public to others
- Profile picture - optional data, publicly available to others when an advertisement is published on the website, data made public to the advertiser when contacting the advertiser
- Location, i.e. settlement or district in case of capital city - optional data to be entered for profile, to be used for advertisements to display the place of receipt of the object, by adding this data to the User’s profile, the website can automatically fill in the location field with this data when publishing a new item.. Data will be made public in the case of publishing an item.
With their registration, the User acknowledges that they are over 18 years of age and have legal capacity.
The User is obliged to provide real and accurate information when registering. The User shall bear the damages and consequences resulting from the provision of data that does not correspond to reality, and the Service Provider shall not be liable for such damages and consequences. The Service Provider shall not be obliged to check the data provided by the User during registration, and shall not be liable for any damages resulting from their untruthfulness, errors or omissions.
If the Service Provider becomes aware that the data provided by the User are not true, or two accounts are registered or used by the same person without the prior approval of the Service Provider, the Service Provider is entitled to partially or completely restrict or suspend the access of the User concerned.
The User chooses a password during registration, which will ensure that the User and only the User can use the User Account. It is the User's responsibility to maintain the confidentiality of the password. Any damage resulting from the use of the User Account by an unauthorised person shall be borne by the User. The User may request a password recovery in case of forgetting the password via the Request new password link available in the Login window.
During registration, the User is entitled to upload a picture of himself/herself, which the Service Provider is entitled to use only within the limits of the Terms and Conditions.
The User may, at his/her discretion, provide the above-mentioned data in combination with the data of the User registered under Gmail.com or Facebook.com during his/her registration. In such case, the Service Provider shall be entitled to access the User's data only to the extent of the data in question.
The User is entitled to finalize his/her registration after providing the data indicated above, and the Service Provider will send a unique code to the e-mail address provided by the User in order to activate the User Account.
The legal relationship between the Service Provider and the User, established by the registration, shall continue for an indefinite period of time until the User's Account is deleted.The Service Provider will do its best to ensure the continuous availability of the Website and the Service, but does not undertake any obligation to ensure the continuous operation of the Website or the continuity of the Service. The Service Provider shall not be liable for any direct or indirect damage caused by circumstances beyond its control.
The User shall use the Service lawfully and in compliance with the legislation in force at the time and with the provisions of these Regulations. In the event of any conduct to the contrary, the Service Provider shall be entitled, at its sole discretion, to delete the User's account.
By registering on the Website and by uploading photos and videos of iitems, the User agrees that the Service Provider may use any of these photos and content uploaded by the User for advertising purposes promoting the Website and its Services.
Liability
The User shall be solely liable for the content published or made available by the User on the Website, for information shared with other Users through the Website in the course of content sharing or message exchanges, including any material or non-material damage caused by or otherwise in connection with the content/information.
The Service Provider shall not be liable in any manner whatsoever in connection with any solicitation, offer or contract made on the Website maintained by it and not originating from it, or in connection with the failure to enter into any contract or the failure or termination of the Services available on the Website.
The Service Provider excludes all liability for the behaviour of users of the Website. The User is fully and solely responsible for their own behaviour.
The Service Provider is not responsible for the quality, safety or legal compliance of the products advertised on the Website and does not undertake to monitor these products.
Furthermore, the Service Provider is not responsible for the authenticity of the products displayed on its Website or for the fact that buyers can actually buy and sellers can actually sell the products, nor can it ensure that users can complete the transaction between themselves.
The Service Provider disclaims any liability for any damage or other loss caused by harmful content, such as viruses, worms or other losses, which may be spread or made available by Users through the use of the Website.
The Service Provider also disclaims any liability for the incompleteness of the data provided by the Users or for any damage resulting from incorrectly provided data.
The Service Provider shall not be liable for any direct or indirect damage resulting from the use of the system.
The Service Provider does not interfere in disputes and transactions between users, and in the event of a dispute between users, the Service Provider is not liable for any damages caused by the dispute between users.
The Service Provider is entitled, but not obliged, to check the content published or made available by the User on the Website and the Service Provider is entitled, but not obliged, to look for indications of illegal activities on the pages or places referred to by the published information.
The User shall be solely liable for any content published or made available by the User, including any damage caused by or otherwise in connection with such content. No unlawful content (such as personal or special data of third parties, comments, copyrighted or protected intellectual works without a licence, in particular images), or any invitation to infringe the rights of third parties or the law, directly or indirectly (such as an invitation to commit a crime), may be placed on the Website operated by the Service Provider.
In the event of any claim or proceeding by a third party, public authority or court in connection with any content published or made available by the User on the Website, the User shall bear and assume all expenses, costs and damages incurred in connection with such claim or proceeding, to take any action required by the Service Provider (such as making a public or other statement clearly indicating the Service Provider's responsibility for the misuse or abuse and the Service Provider's impartiality) in connection with the misuse or abuse in order to protect the Service Provider's reputation (including avoiding any association of the misuse or abuse with the Service Provider's name).
If the content published or made available on the Website by the User is infringing, the Service Provider and the content (the product page) may be removed. The Service Provider shall cooperate with the authorities within the relevant and currently applicable legal framework in order to prosecute the perpetrators of infringements.
If the User detects any content on the Website that is deemed inappropriate, he/she may report it to the Service Provider. If the Service Provider, in its good faith, considers the report to be justified, it shall be entitled to delete the information immediately, to modify it or to request the person uploading the content to delete or modify it.
The delivery, transfer and financial settlement of the products sold shall be carried out independently of the Service Provider and in accordance with the agreement of the users.
The Service Provider does not guarantee that the donation offered by the Users will actually reach the Organisation to be supported. It does not assume any liability for any damage that may result.
Forbidden products and services
The advertising and publication on the Website of the following is particularly prohibited:
- any service or subscription
- animals
- real estate
- food and drink
- medicines,pharmaceuticals
- food supplements, vitamins
- alcohol
- tobacco products, electronic cigarettes, refill liquids, electronic devices and components imitating smoking, smokeless tobacco products and new tobacco product categories;
- drugs, mind-altering substances or any substances having similar effects;
- any unlicensed or licensed weapons, ammunition, explosives, pyrotechnic substances, devices (fireworks), parts and components of such products, and devices which are particularly dangerous to public safety, the sale of which online is prohibited by law, including, inter alia, devices not subject to a firearms licence (throwing star, switchblade, lead batons, truncheons, boxers, electric shocks, vipers, nunchucks, gas sprays, etc.);
- dangerous chemical substances, in particular any flammable or explosive substances;
- stolen or otherwise derived from criminal activity or unlawfully placed on the market;
- a counterfeit or falsified product (e.g. a branded product which may mislead customers as to the origin, quantity, quality, composition, performance, usefulness, repair, maintenance or other important characteristics of a product or service, and the withholding of information concerning such information is prohibited);
a product which helps to misbrand or misbrand;
a product which, by itself or through the publication or advertising of the product, infringes in any way the rights of a third party, including, but not limited to, the misuse of a trademark, copyright, patent, moral rights or moral rights;
copying, counterfeiting, or any other activity, device, software which facilitates or is - likely to facilitate the infringement of copyright;
- securities or any other financial instrument by which an investment or disbursement of funds may be made, other than clearly identifiable securities which no longer constitute a debt-claim and which are offered specifically for the purpose of soliciting funds;
- a credit card, debit card or any other non-transferable cash substitute payment instrument, other than a clearly identifiable product or instrument which does not have a payment function and which is specifically offered for collection;
an unfilled guarantee letter, identification card, certificate and validation sticker or sticker; - any product or text that may give rise to incitement to hatred, racial hatred, xenophobia or conflict between nations or nationalities;
- any product or text liable to defame one or more persons or otherwise to infringe the rights of personality;
- software containing viruses, Trojan horses or other harmful elements;
- lists containing personal data or e-mail addresses, or invitations to use social networking sites or e-mail services;
- any offer of assistance in connection with any betting or other gambling system or its use;
- pornographic material or sexual products or services and;
- any product whose sale online is prohibited by applicable Hungarian law
- It is also forbidden to place a product description or image that directly encourages contact (including an email address, telephone number, contact details or the name of the website).
Using the internal messaging interface
The primary purpose of the internal messaging interface provided to registered Users through the Website is to connect Users who advertise an items with Users who are interested in buying that item, so that they can discuss information about the item or a possible sale.
The Service Provider has the right to access, process and understand the internal messages of the Users - to which the Users expressly consent by using the marketplace.
The Service Provider may only view internal messages for the purpose of verifying the provisions of the GTC and related provisions.
In any message it is strictly forbidden to
- send circular messages;
- send unsolicited messages,
- contacting other Users for the purpose of advertising your own products;
- use profanity, offensive, offensive, pornographic texts and images;
- threaten, insult or defame others;
- publish personal data of any person without the consent of the data subject;
- make untrue statements about another User or the Service Provider's Service;
- mislead other Users;
- impersonate any User as an administrator of the Service Provider;
- copy correspondence between the Service Provider and Users;
- mention, promote or encourage the use of any other advertising or sales channel or any other website or event,
It is forbidden to post any message or reply from the Service Provider to the User, whether on the public areas of the Website or other websites, forums, blog posts, etc.
Internal messages are moderated by the Service Provider. Messages that are contrary to the rules for internal correspondence may be removed by the Service Provider without notice, the sender of the message may be inactivated or excluded from the Website.
Email notifications
The Service Provider will send a notification of internal messages received by the User to the email address provided during registration.
If the User does not wish to receive notification messages from the Service Provider, the User can change his/her mind at any time after logging in under "Settings" and can set the Service Provider to no longer send him/her notification messages.
The Service Provider may occasionally send the User other messages related to the Service by email.
Sending newsletters
The Service Provider shall be entitled to send a newsletter to the e-mail address provided by the User during registration, subject to the User's express consent.
The User may subsequently decide in his/her Account to request the newsletter service.
The User can set the suspension of the newsletter service on the profile page.
Deleting a User Account
The Service Provider has the right to delete the Account if the User engages in unlawful conduct on the Website, or conduct that seriously infringes the interests of other Users or violates the Terms and Conditions set forth herein.
The User may delete his/her Account by clicking on the Delete link available in the User's account. The Service Provider is obliged to delete the User's Account within 2 days of receipt of the request and, in accordance with the Privacy Policy, is no longer entitled to process the data provided by the User during registration from that date.
Upon deletion of the User Account, all other rights and obligations that may be attached to the Account (e.g.: newsletter service) shall cease.
Changes to the Terms and Conditions of Use
The Service Provider reserves the right to unilaterally modify the Terms and Conditions at any time, and the Service Provider undertakes to inform the User of the modifications made in an appropriate manner (in a newsletter, in a pop-up window upon login, etc.).
By accepting the Terms and Conditions, the User acknowledges that if the Terms and Conditions are amended by the Service Provider and the User continues to use the services available on the Website (based on the information provided by the data controller following the amendment) after the amendment, this shall constitute the User's acknowledgement and acceptance of the amendment of the Terms and Conditions.
Accordingly, the Service Provider is not obliged to request the User's separate declaration of consent for the amendment of the Terms and Conditions.
The Service Provider's correction of spelling mistakes, corrections, changes to data, or other changes that do not affect the performance of the legal relationship between the Service Provider and the User shall not be considered as an amendment to the Terms and Conditions. Furthermore, a change in the legal environment or a change necessitated by an official act shall not be deemed to be a modification of the contract.
Trademarks and Copyright
The trademarks displayed on the Website are the exclusive property of the Service Provider or other rights holders. Such marks may not be used, distributed or published in any way by third parties without the express prior written consent of the Service Provider or the other rights holders.
The information and other documents available on the website are protected by copyright and the rights thereto belong to the Service Provider.
Complaints handling and redress
The User may report a complaint by e-mail to info@boonshelf.com. The Service Provider will reply to the e-mail within 72 hours and will start investigating the possible problem. In addition, the User may contact any of the contact details indicated in the "Contact" section of the Website with a complaint.
The Parties undertake to settle any dispute that may arise between them, in the first instance amicably and in cooperation with each other. Within this scope, the Parties shall be entitled to initiate the procedure of the Budapest Board of Arbitration of the seat of the Service Provider in their dispute.
Budapest Conciliation Board
Headquarters: 1016 Budapest, Krisztina krt. 99., III. floor. 310.
Postal address: 1253 Budapest, PO Box 10.
In accordance with the Privacy Policy, the User has the right to request information about the scope, status, content and, in general, about the Service and the legal relationship at any time from the moment of providing his/her Personal Data (i.e. registration) until the end of the processing (i.e. deletion of the registration), by sending an e-mail to info@boonshelf.com.
In the event of failure to settle the dispute amicably, the User may take legal action against the Service Provider. The district court shall have jurisdiction. The jurisdiction of the courts is determined by Act CXXX of 2016 on the Code of Civil Procedure.
Entry into force, governing legislation
These Terms and Conditions shall enter into force between the Service Provider and the User by the User's express consent (i.e. by ticking the checkbox).
In matters not regulated by these Terms and Conditions, the provisions of the Civil Code and the legislation in force in Hungary shall prevail. The provisions of the Terms and Conditions shall be interpreted in accordance with the Privacy Policy, which is recognized as binding by the Service Provider and published on the Website.