General Terms and Conditions
This document will not be filed, will only be concluded in electronic form, shall not be considered a written contract, is drafted originally in Hungarian language, and does not refer to any code of conduct. If you have any questions regarding the operation of the webshop, or the procedure of orders and delivery, please do not hesitate to contact us at our contact information specified below.
The scope of these GTC shall extend to the legal relationships created through the Service Provider’s website (http://bolthely.hu/petrenywebshop) or subdomains. These GTC are continuously available at the following website: http://www.petrenybor.hu/altalanos-szerzodesi-feltetelek/
1. The Service Provider’s Data
Name of the service provider: X-Vin Kft.
The service provider’s registered office: H-1035 Budapest, Vörösvári út 9/4.
The service provider’s office (and the place of complaint management): H-3351 Verpelét, Vasút út 1.
The service provider’s contact information, its electronic mailing address regularly used to communicate with the users: email@example.com
Company registration number: 01-09-187117
Tax number: 13367916-2-41
Authority of registration: Metropolitan Court of Registration
Telephone number: +36 20 379 4686, +36 20 516 2565
The original language of the contract is: Hungarian
2. Basic Provisions
- 2.1. The issues not regulated in these GTC shall be governed and these GTC shall be construed in accordance with Hungarian law, including in particular the relevant provisions of Act V of 2013 on the Civil Code of Hungary (‘Civil Code’), Act CVIII of 2001 on Certain Issues of Electronic Commerce Activities and Information Society Services (‘Electronic Commerce Act’), and those of Government Decree no. 45/2014. (II. 26.) on the detailed rules governing contracts between consumers and companies. The mandatory provisions of the relevant laws shall be applicable to the parties without any separate express stipulation.
- 2.2. These GTC shall take effect as of 23 March 2017 and shall remain valid until repealed. The Service Provider may amend the GTC at its own discretion. The Service Provider shall publish any amendments on the website 11 (eleven) days prior to their effective date. By using the website, the Users accept to be automatically bound by all regulations relating to the use of the website.
- 2.3. By logging in to the website operated by the Service Provider or reading the contents thereof in any way – even if they are not registered users of the site – the User accepts to be bound by the provisions of the GTC. If the User refuses to accept the terms and conditions, they shall not be entitled to view the contents of the website.
- 2.4. The Service Provider reserves all rights as regards the website, all details thereof, all contents displayed thereon, as well as the right to distribute the website. It is prohibited to download, electronically store, process or sell the contents displayed on the website or any part thereof without the Service Provider’s written consent.
- 3.1. By purchasing products/registering to the website, the User represents that they have read and accepted the terms and conditions laid down in these GTC as well as those of the Privacy Statement published on the website, and grant their consent to the management of their data.
- 3.2. During purchase/registration, the User shall be obliged to provide their own true data. The electronic contract concluded shall be null and void if the User has supplied false data or the data belonging to someone else during purchase/registration. The Service Provider shall not be held liable if the User uses its services with someone else’s data.
- 3.3. The Service Provider shall not be held liable in any manner whatsoever for the delay in delivery or any other problems or defects occurring owing to the fact that the User has provided wrong and/or inaccurate data.
- 3.4. The Service Provider shall not be held liable for any damage caused by the fact that the User has forgotten their password or that the password has become accessible to unauthorised parties for a reason not attributable to the Service Provider.
4. The Scope of Products and Services Available for Purchase
- 4.1. The products displayed can only be ordered online. The prices displayed regarding the products are to be understood in forints, they include the statutory VAT but do not include the charge of home delivery. Separate packaging costs will not be charged.
- 4.2. In the webshop, the Service Provider displays in detail the name and description of the product, and provides a photo. The photos displayed on the product data sheets may differ from the real products, and can be used as illustrations only. We assume no liability for any differences between the picture featured in the webshop and the actual appearance of the product.
- 4.3. The Service Provider may fulfil orders for alcoholic products only if the person placing the order is at least 18 years old. Upon delivery, the customer is identified.
- 4.4. In case of introducing a discount price, the Service Provider will fully inform the Users of the discount and the exact duration thereof.
- 4.5. If, in spite of all due care by the Service Provider, a wrong price is displayed in the Webshop – in particular if the price is obviously wrong because it e.g. significantly differs from the publicly known, generally accepted or estimated price of the product, or the price of HUF 0 or HUF 1 is displayed due to a system error – the Service Provider shall not be obliged to deliver the product at the wrong price but may offer delivery for the accurate price, in aware whereof the Customer may withdraw from their intent to purchase.
- 4.6. In case of a wrong price there is such a gross disparity between the actual and displayed price of the product which an average consumer is expected to immediately recognise. Pursuant to Act V of 2013 on the Civil Code of Hungary (‘Civil Code’), contracts are concluded upon the mutual and congruent expression of the parties’ intent. If the parties cannot reach an agreement as to the contractual conditions i.e. there is no mutual and congruent expression of the parties’ intent, the contract will not be validly concluded and will not give rise to any rights and obligations. Accordingly, the order confirmed at a wrong/inaccurate price shall be deemed null and void.
5. The Ordering Process
- 5.1. The User logs in to the webshop after registration / or can start purchasing without registration.
- 5.2. The User shall set the number of pieces of the product(s) they wish to purchase.
- 5.3. The User shall place the selected products in the shopping cart. The User can view the content of the cart any time by clicking on the ‘cart’ icon.
- 5.4. If they do not wish to order any further products, the User shall check the number of the product(s) they wish to purchase. They can delete the content of the cart by clicking on the ‘delete – X’ icon. For finalising the quantity the User shall click on the ‘update cart’ icon.
- 5.5. The User shall select the delivery address and the method of delivery/payment, the types of which are as follows:
5.5.1. Means of payment:
Cash on delivery: If the ordered product is delivered by courier service, the User can pay the price of the ordered product(s) to the courier upon delivery.
5.5.2. Costs of delivery:
In case of orders to outside of Hungary:
- 5.6. If there is a defect or deficiency in the webshop regarding products or prices, we reserve the right for correction. In such a case, we will forthwith inform the customer of the new data after detecting and correcting the error. After that, the User can confirm the order or withdraw from the contract.
- 5.7. The total payable amount will contain all costs in accordance with the summary of the order and the confirmation mail. The invoice will be included in the package. Upon delivery, the User shall inspect the package in the presence of the courier, shall request the drawing up of minutes in case of detecting any damage to the products or the packaging and, in such a case, shall not be obliged to accept the package. Subsequent complaints not supported by minutes will not be accepted by the Service Provider! Packages are delivered on working days between 8 a.m. and 5 p.m.
- 5.8. After having provided the data, the User can send their order by clicking on the ‘send order’ button but, before that, they can check the provided data once again, can make a comment or can notify us also by email of their requests relating to the order.
- 5.9. Correction of mistakes in data entry: Before completing the ordering process, the User can always step back to the previous phase where they can correct the data entered.
- 5.10. After sending the order, the User will receive confirmation by email. Should this confirmation fail to arrive to the User within the deadline calculated from the sending of the order and expectable among the circumstances relating to the nature of the service but within a maximum of 48 hours, the User shall be released from the obligation to maintain the offer and/or conclude the contract. The order and the confirmation thereof shall be deemed received by the Service Provider or the User, respectively, when it becomes accessible by the addressee. The Service Provider shall not be held liable for the failure to send the confirmation if the confirmation does not arrive on time because the User provided a wrong email address during registration or cannot receive messages because they have no free storage space in their email account.
6. The Processing and Performance or Orders
- 6.1. Orders are processed during working hours. Orders can be placed also outside the designated hours; if the order is placed outside working hours, it will be processed the following day. The Service Provider’s customer centre will confirm electronically in each case when they will be able to fulfil the order.
- 6.2. The deadline for performance is generally as follows:
- Within Hungary: 2 to 6 working days,
- Within Europe: 1 week.
- 6.3. Under the sale and purchase contract, the Service Provider undertakes to transfer the ownership of a thing to the User, and the User undertakes to pay the price thereof, and to take possession of the thing.
- 6.4. If the seller is a business party and the buyer is a consumer, and the seller undertakes to dispatch the thing to the buyer, risks shall pass to the buyer when the buyer or a third party named by the buyer has acquired the physical possession of the thing. At the time of handing over the thing to the carrier, risks shall pass to the buyer if the carrier was hired by the buyer, provided that the carrier was not recommended by the seller.
- 6.5. If the seller is a business party and the buyer is a consumer, unless otherwise agreed by the parties the seller (for the purposes of these GTC: the Service Provider) shall place the thing at the buyer’s (User’s) disposal without delay upon the conclusion of the contract, at the latest within thirty days.
- 6.6. In the event of late performance by the Service Provider, the User shall have the right to set an additional time for performance. If the seller fails to perform within such additional period, the buyer shall be entitled to withdraw from the contract.
- 6.7. The User shall be entitled to withdraw from the contract without setting an additional time for performance if:
a) the Service Provider refused the perform the contract; or
b) according to the agreement of the parties or due to the imminent purpose of the service, the contract had to be performed at a definite time and none other.
- 6.8. If the Service Provider fails to perform its contractual obligation because the product specified in the contract is not available to it, it shall forthwith notify the User thereof, and forthwith reimburse the User for any amount paid.
7. Right of Withdrawal
- 7.1. The Consumer may exercise their right of withdrawal also between the date of contract conclusion and date of receipt of the product.
- 7.2. The consumer will have to bear the cost of returning the goods, as the company did not undertake to cover it.
- 7.3. The consumer can neither exercise their right of withdrawal regarding
- a. the supply of goods which are liable to deteriorate or expire rapidly;
- b. the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (e.g. wine, other drinks).
- c. the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
- d. the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which only takes place after thirty days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
- e. works contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance.
- 7.4. Upon receipt of the returned product /or the declaration on withdrawal, the Service Provider will, in accordance with the above laws, reimburse the Consumer for any amount paid (including the delivery fee) without delay but within no more than 14 days.
- 7.5. In the case of reimbursement, we apply the same method of payment as the one used for the original transaction, except if the Consumer expressly grants his or her consent to the use of another method; the Consumer will be charged no additional costs whatsoever due to the use of such method of reimbursement.
- 7.6. If the Consumer wishes to exercise their right of withdrawal, they can indicate that at the Service Provider’s contact information in writing (also by using the attached form) or by phone. In case of indication by post in writing, we will consider the date of postal dispatch, while in case of indication by phone, the date of the phone call. Indications by post will be accepted by the Service Provider if they are dispatched as registered consignment, as package. The Consumer may return the ordered product to the Service Provider by post or by courier.
- 7.7. The Consumer shall take particular care of using the product for the intended purpose thereof, as otherwise the Consumer will be liable for any resulting damage!
- 7.8. Government Decree no. 45/2014. (II.26.) on the detailed rules governing contracts between consumers and companies.
- 7.9. Directive 2011/83/EU of the European Parliament and of the Council.
- 7.10. The Consumer may contact the Service Provider at its contact information specified herein also with other complaints.
- 7.11. Only those Users qualifying as consumers as defined in the Civil Code are entitled to the right of withdrawal.
- 7.12. Business parties i.e. the persons acting for purposes which are within their trade, business or profession, are not entitled to the right of withdrawal.
Lack of conformity
Lack of conformity means when the obligor’s performance at the delivery date is not in compliance with the quality requirements laid down in the contract or stipulated by law. The obligor is not liable for any lack of conformity if, at the time of the conclusion of the contract, the obligee knew or should have known the lack of conformity.
- 8.1. In what cases may the User exercise their product guarantee rights?
- In case of lack of conformity of any movable property (product) the User may choose to enforce warranty or product guarantee claims.
- 8.2. What rights is the User entitled to exercise on basis of their product guarantee claim?
- As product guarantee claim, the User may only request repair or replacement of the defective product.
- 8.3. In what cases shall the product be deemed defective?
- A product shall be deemed defective if it does not meet the requirements related to conformity in effect at the time of placing on the market, or it does not meet the specifications provided by the manufacturer.
- 8.4. What is the deadline for exercising the User’s product guarantee claims?
- The User may enforce their product guarantee claim within two years from the date when the product was placed on the market by the manufacturer. Upon expiry of this deadline the User shall forfeit this right.
- 8.5. Against whom and under what other conditions can product guarantee claims be enforced?
- Product guarantee claims can only be enforced against the manufacturer or distributor of the movable property. In case of enforcing a product guarantee claim, the defect of the product shall be proven by the User.
- 8.6. In what cases shall the manufacturer (distributor) be relieved of its product guarantee liability?
- The manufacturer (distributor) shall only be relieved of its product guarantee liability if it can prove that:
– the product was not produced or distributed within the framework of its regular business activities, or
– at the time the product was placed on the market the defect could not have been discovered according to the current state of scientific and technological achievements, or
– the defect in the product was caused by the application of a statutory or regulatory provision.
In order to be relieved of liability, it is enough for the manufacturer (distributor) to prove one reason.
Please be informed that you may not enforce a warranty and product guarantee claim at once, in parallel, based on the same defect. However, if your product guarantee claim is enforced successfully, you may enforce your warranty claim concerning the replaced product or the repaired part, against the manufacturer.
- The manufacturer (distributor) shall only be relieved of its product guarantee liability if it can prove that:
- 8.7. The Service Provider shall not be obliged to assume warranty for any damage resulting from wrong or negligent treatment, excessive use, impacts different from those specified, or other unintended use of the products after the passing of risks.
9. Procedure in Case of Warranty Claims
- 9.1. In a contract involving a consumer and a business party, the parties may not agree on terms in derogation from the provisions of the Decree if such derogation is to the detriment of the consumer.
- 9.2. The consumer shall only prove that the contract has been concluded (with an invoice or receipt).
- 9.3. The costs incurred in connection with the fulfilment of guarantee obligations shall be borne by the Service Provider (Section 6:166 of the Civil Code).
- 9.4. The Service Provider shall draw up records of the consumer’s warranty or guarantee claim reported to the Service Provider.
- 9.5. The records shall be forthwith handed over in copy to the consumer, in a provable manner.
- 9.6. If, at the time when the claim is reported, the Service Provider cannot make a statement as to whether the consumer’s warranty or guarantee claim can be fulfilled, it shall notify the consumer of its position (in case of rejection of the claim, including the reasons for rejection and the opportunity to turn to an arbitration board) within five working days in a provable manner.
- 9.7. The Service Provider shall keep the records for three years from the date of drawing up, and present it at the inspecting authority’s request.
- 9.8. The Service Provider shall strive to perform the repair or replacement within no more than fifteen days.
- 10.1. The Service Provider shall be entitled to use contributors to perform its obligations. The Service Provider shall assume full liability for any unlawful conduct of such contributors, as if such conduct had been committed by the Service Provider itself.
- 10.2. If any part of these GTC proves or becomes invalid, illegal or unenforceable, this shall not affect the validity, legality and enforceability of the remaining parts.
- 10.3. If the Service Provider fails to exercise a right to which it is entitled according to these GTC, such failure shall not be deemed a waiver of the right in question. The waiver of any right shall only be valid if made in an express written statement. Failure on the part of the Service Provider to enforce strict compliance with an essential term or condition of the GTC on one occasion shall not be deemed a waiver of its right to insist on strict compliance with such term or condition later.
- 10.4. The Service Provider and the User shall endeavour to resolve their disputes amicably.
11. Procedure of Complaint Management
- 1. The purpose of our store is to fulfil all orders in the appropriate quality and to the customer’s full satisfaction. If, in spite of that, the User has a complaint in connection with the contract or the performance thereof, he or she can communicate it by telephone, email or mail at the numbers and addresses specified above.
- 2. The Service Provider shall inspect verbal complaints immediately, and shall give remedy as necessary. If the customer disagrees with how the complaint was managed, or it is not possible to inspect the complaint immediately, the Service Provider shall forthwith draw up records of the complaint and the Service Provider’s relating position, and shall hand over one copy thereof to the customer.
- 3. The Service Provider shall respond to written complaints within 30 days in writing. If it rejects the complaint, shall provide the reasons for rejection. The Service Provider shall keep the records of the complaint and the copy of the response for five years, and shall present them to the inspecting authorities at their request.
- 4. Please be informed that, if your complaint is rejected, you can initiate the proceedings of the authorities or an arbitration board, as follows:
- 5. Consumers may submit their complaint to the consumer protection authority:
Pursuant to Government Decree no. 387/2016. (XII. 2.) on the designation of the consumer protection authority in public administrative procedures, the township office (or the township office of the county seat) shall proceed on the first instance and the Government Office of Pest County, with nationwide competence, shall act on the second instance. Contact information of the township offices: http://jarasinfo.gov.hu