General terms and conditions
- INTRODUCTORY PROVISIONS
In accordance with Act V of 2013 on the Civil Code (hereinafter: Civil Code) Article 6:77 § (1) standard contract terms means contract terms which have been unilaterally drafter in advance by one of the parties for several transactions involving different parties, and which have not been individually negotiated by the parties. Article 6:78 § (1) of the Civil Code furthermore stipulates that contract terms which have not been individually negotiated shall become part of the contract only if they have previously been made available to the other party for perusal before the conclusion of the contract, and if the other party has accepted those terms.
According to Article 2 § a) of the Act CVIII of 2001 on certain legal aspects of electronic commerce services and information society services electronic commerce service means information society services for the purpose of selling, purchasing or exchanging of negotiable tangible goods or services on a commercial basis.
Article 5 § (1) of Act CVIII of 2001 stipulates that a service provider must make contract terms and general conditions relating to information society services easily accessible, in a way that allows the recipient to store and reproduce them.
According to Article 4. § 10 of the Government Decree No. 45/2014 (II.26.) on the detailed rules of contracts concluded between consumer and trader (hereinafter: Government Decree No. 45/2014 (II.26.)) every consumer contract concluded under an organise distance sales or service-provision schemes without the simultaneous physical presence of the parties, with the exclusive use of distance communication is deemed to be a distance contract.
With respect to the above-mentioned legislation this General Terms and Conditions’ (hereinafter: General Terms and Conditions) scope extends to all electronic commercial services that come about by using the Website thehungarianamphoraproject.com (hereinafter: Website) operated by the Seller defined under point 2.1, THAP Kft.. The parties to the distance contract are, as defined in this General Terms and Conditions, THAP Kft., as the Seller and the Buyer as defined under point 2.1.2.
The electronic purchase through the Website is to be made in accordance with the way and steps indicated in this General Terms and Conditions. The ordered products are delivered to the consumer in Hungary and abroad via courier service.
By ordering the product through the Website the Seller contracts with THAP Kft. by electronic means. The order and the declaration will be registered and stored electronically by THAP Kft.
The contract between the parties will be in English, and the language of the confirmation order will be in English.
Vinemaxus Bor Kft. does not subject itself to a Code of Conduct.
- THE CONTRACT
2.1. Parties to the contract
2.1.1. The Seller
The Seller on record for the advertisement of the products through Website and the provider of other services relating to the products on the website is:
Company name: THAP Kerámiagyártó Korlátolt Felelősségű Társaság
Seat: Ipartelep 1, 7720 Pécsvárad, Hungary
Tax number: 23578667-2-02
Company registration number: 02-09-078107
Registry Court: Pécsi Törvényszék Cégbirósága, 7623 Pécs, Rákóczi út 34
Bank: Kereskedelmi és Hitelbank Zrt.
Account number:
HU47 10402427-50527085-88861016 (HUF)
HU42 10402427-50527085-88861009 (EUR)
Customer Service’s number: +36 20 4886472
E-mail to order or to lodge a complaint: info@thehungarianamphoraproject.com
Hosting service provider’s company name: Combell nv
Hosting service provider’s seat: Skaldenstraat 121, 9042 Gent, Belgium
Hosting service provider’s phone number: +32 9 218 79 79
Hosting service provider’s electronic address: support@combell.com
2.1.2. The Buyer
By using the Website of THAP Kft. any natural person having the capacity to act and trade and any organisation (legal person, without legal personality) through its legal representative may purchase electronically on the Website (hereinafter: Buyer).
For the use of the Website and for the electronic purchase from THAP Kft. through the Website no registration is required. However, certain services of THAP Kft. (e.g. newsletter, information on sales, and preferential purchase conditions) offered on the Website may only be available to registered visitors.
2.1.3. Registration
The registration is free of charge and can be found under the Registration label. By filling in the data sheet it is possible to register on the Website. Upon registration on the Website the registering person confirms to accept the General Terms and Conditions and the Privacy Policy published on the Website. The registration actually comes about by the activating E-mail sent by THAP Kft.
During the registration process one may choose to subscribe to the newsletter.
THAP Kft. reserves the right to reject any registration without giving any reason for it. Furthermore, it may also erase the registration from its system in case of an infringement of law or a breach of this General Terms and Conditions.
The personal data provided during registration may be edited and the registered person shall have the right to delete his/her registration at any time by sending an E-mail to the customer service. Upon the receipt of the E-mail THAP Kft. forthwith ensures the deletion of the registration. The registered personal data are deleted immediately from the systems, this however does not apply to data that was given in connection to previous orders or mandatorily stored data, therefore, as these will not be deleted.
The registering person is obliged to provide true and accurate information asked on the Website. THAP Kft. shall not be liable for problems and errors caused by the incorrectly and/or inaccurately given information. THAP Kft. shall also not be liable for any loss or damage which may arise as a result of any failure by the registering person to protect his/her password.
2.2. Conclusion of the contract – Steps of concluding a contract by electronic means
2.2.1. The product and its characteristics
The products shown on the Website are exclusively owned by THAP Kft.
By clicking on the name of the product or on the icon next to the picture of the product, is possible to obtain relevant information about it, especially about its qualitative characteristics, components, unit price and its delivery conditions.
The price indicated underneath the products is unit price, and in Euro (EUR), and includes all VAT prescribed by the law. However, the indicated price does not include the costs of delivery and / or handling fee.
If the Buyer wishes to fulfil his/her payment obligation in a currency different to the one indicated on the Website, he/she must contact with the THAP Kft. directly through the customer service before placing an order.
THAP Kft. reserves the right to change the unit prices published on the Website, provided that the modification takes effect simultaneously with its appearance on the Website and the modification does not affect the purchase of the previously ordered product. In case of ordering beyond a determined amount and in connection to the products of THAP Kft. a special price or discount on the price indicated on the Website may be provided.
The product is delivered to Hungary and other countries via courier service. THAP Kft. will provide information about the expected delivery of the ordered product via a confirmation E-mail sent to the Buyer.
In the description of the product its unavailability is indicated, so if it is not in stock. In this case, further inquiry may be made about the delivery time of the unavailable products via E-mail and/ or via phone at the customer service.
2.2.2. Technical steps of the order
- The Buyer can order the product by sending an E-mail to Vinemaxus Bor Kft. To order the product the E-mail must contain the followings:
– product’s name, number, quantity
– name of the Buyer
– delivery address
– billing details (if those vary from the above)
– explicit statement to order the product(s), and
– a statement from the Buyer that he/ she takes note that his/her order involves a payment obligation.
- THAP Kft. upon the receipt of the E-mail containing the order or no later than 24 hours electronically confirms the order via E-mail. The Confirmation contains a detailed description of the Buyer’s order. However, the confirmation does not constitute as an acceptance of the Buyer’s order, it merely informs the Buyer that his/her order has been received by THAP Kft.
- If the E-mail sent by the Buyer does not contain all required information or if the Buyer in his/her E-mail merely asks for prior information with regards to the conclusion of the contract (so the E-mail does not contain an explicit order and the implication of payment obligation) THAP Kft.’s customer service contacts the Buyer electronically and / or via phone for further clarification of the order.
- THAP Kft. confirms the acceptance of the order via a separate E-mail.
In case the Buyer does not receive a confirmation of acceptance E-mail he/she must contact the customer service of THAP Kft.
THAP Kft. reserves the right to reject any offer made to them without giving any reason. (This right may stem from not properly providing data, previous omission of the Buyer, and previous breach of the contract by the Buyer.)
2.2.3. Conclusion of the Contract
The contract is concluded between the Buyer and THAP Kft. upon the receipt of the confirmation by THAP Kft. sent to the Buyer.
If and when the Buyer notices any mistake in the information indicated in the confirmation E-mail, he/she must notify THAP Kft. within 24 (twenty-four) hours upon the receipt of the E-mail. If the Buyer does not indicate the mistake THAP Kft. will deem it as accepted by the Buyer.
By accepting the confirmation of the order, the parties enter into a contract via electronic means for which this General Terms and Conditions and the legal rules stated in the introductory provisions are of relevance.
THAP Kft. has ownership over the product up until the full payment of the sale price.
2.2.4. Payment
THAP Kft. makes out an invoice about the ordered product based on the information given by the Buyer; the invoice is sent to the Buyer electronically.
The Buyer shall pay for the product through bank transfer. The costs of the transfer are borne by the Buyer.
When transferring the money, the Buyer is obliged to indicate the following:
Recipient’s name: THAP Kft.
Bank: Kereskedelmi és Hitelbank Zrt.
Account number:
HU47 10402427-50527085-88861016 (HUF)
HU42 10402427-50527085-88861009 (EUR)
When transferring the money the Buyer must indicate in the reference box the confirmation and invoice number.
The payment is to be in the all-time currency indicated in the confirmation of the order and on the invoice.
2.2.5. Delivery
The delivery will be made after the price of the product has been fully paid.
THAP Kft. delivers the goods via a carrier service to the Buyer. The receipt of the product by the Buyer occurs when the product is taken over by the Buyer from the person delivering it and a certificate of receipt is signed by the Buyer. Upon the receipt of the product the liability for damages is transferred to the Buyer.
If the Buyer notices any damage on the package or on the product upon delivery, he must ask the delivery man for a certificate proving the existence of the damage. If there is any apparent damage on the product or the package at the time of receipt, the Buyer must communicate that to the customer service of THAP Kft. via Email or phone immediately.
If the Buyer does not require the certificate upon delivery, the package is deemed to be in accordance with the ordered products and by signing the bill of delivery, the Buyer recognizes that as well.
In case the delivery fails due to the fault of the Buyer, the carrier service notifies the Buyer thereof. In this case Vinemaxus Bor Kft. gets in touch with the Buyer (through its customer service) and attempts to deliver the product another time. In such a situation the delivery fee is to be paid by the Buyer.
2.2.6. Withdrawal
If the Buyer is a natural person acting purposes for which are outside of his trade or business then he/she is entitled to withdraw from the distance contract concluded with THAP Kft. made electronically without giving a reason (on the basis of Article 20. § of the Government Decree No. 45/2014 (II.26.).
The Buyer shall declare his wish to withdraw from the contract within 14 days a) from the date of receipt of the product, b) for the sale of several products, if each product is delivered at a different time, from the date of receipt of the last delivered product, c) for a product consisting of several lots or pieces, from the date of receipt of the last delivered lot or piece. The deadline does not include the day of receipt of the product. Moreover, the Buyer may exercise his right of withdrawal without justification in the period between the date of conclusion of the contract and the date of receipt of the product.
If the Buyer wishes to exercise his right of withdrawal, he/she must send a clear statement of his/her intention to withdraw to THAP Kft. using the following contact details:
by post: Ipartelep 1, 7720 Pécsvárad, Hungary
by electronic mail: info@thehungarianproject.com
A sample of the statement of the withdrawal may be found in Annex 2 of Government Decree No. 45/2014 (II.26.).
In the event of a dispute, the Buyer shall bear the burden of proving that he/she has exercised his/her right of withdrawal in accordance with the provisions set out in this section and the relevant legal provisions. If the Buyer does not send his/her statement of withdrawal within the specified time limit, which can be proved beyond any doubt, it shall be deemed that he/she has not fulfilled the conditions necessary for the exercise of the right of withdrawal, therefore the contract shall not be terminated and it shall remain in force.
When sending by post, THAP Kft. takes into account the date of posting and, in case of notification by E-mail, the date of sending the E-mail for the calculation of the deadline. It is necessary to send the letter containing the statement of withdrawal to THAP Kft. by registered mail in order to be able to prove the date of dispatch in a credible manner.
In case of withdrawal, the Buyer is obliged to provide the ordered product in the appropriate way and packaging back to the delivery address: THAP Kft, Siklósi u.22, 7622 Pécs, Hungary without delay, but no later than 14 calendar days after the notification of the withdrawal.
If the Buyer has ordered more than one Product, he/she may withdraw from the contract in respect to any or all of the products.
The costs of returning the product to THAP Kft. shall by borne by the Buyer. THAP Kft. is not in a position to accept a package returned by cash on deliver or a product returned in a manifestly inappropriate manner and / or packaging. Apart from the cost of rerunning the product, the Buyer shall not bear any other costs in connection to the withdrawal.
If the Buyer withdraws from the contract THAP Kft. returns the amount paid by the Buyer immediately or no later than within 14 (fourteen) days upon the receipt of the statement of withdrawal. The costs of returning of the package and other costs that may emerge if the Buyer has chosen a mode of transport different from the cheapest standard mode of transport offered by THAP Kft., will not be refunded.
THAP Kft. is entitled to withhold the refund until it has received the products back or the Buyer had provided creditworthy proof that it has been returned: from the two possibilities mentioned above, THAP Kft. takes into account the earlier time.
THAP Kft. returns the refund to the bank account given by the Buyer at the time of order or in other case to an account specified by the Buyer. Cash refund is not possible.
If the Buyer has any questions regarding the right of withdrawal, he/she can contact THAP Kft. through the customer service at the following contact details:
E-mail: info@thehungarianamphoraproject.com
Phone: +36 20 4886472
Address: Ipartelep 1, 7720 Pécsvárad, Hungary
2.2.7. Warranty
The Buyer (in accordance with Articles 6:159 § – 6:170 § Ptk.) may assert a supplies warranty claim in case of defective performance by THAP Kft. and a product warranty claim if the products is defective. Due to the same error, a supply and product warranty claim cannot be enforced simultaneously.
2.2.7.1. Supplies warranty claim
The Buyer is obliged to report the defect in performance immediately after its discovery, but no later than within 2 (two) months from the discovery of the defect.
Within 6 (six) months from the performance, no other conditions shall be satisfied for the enforcement of the supply warranty claim other than the notification of the defect, if the Buyer proves that the performance was provided by THAP Kft.
However, after 6 (six) months from the date of performance, the Buyer shall be obliged to prove that the defect recognized by him already existed at the time of performance.
A warranty claim cannot be enforced beyond the 2 (two) -year limitation period from the performance of the contract.
The Buyer may claim the following supplies warranty claims according to his/her own choice: he/she may request a repair or replacement, unless the fulfilment of the demanded chosen by him/her is impossible or would entail a disproportionate additional cost for THAP Kft. compared to the fulfilment of another demand. If the repair or replacement has not been requested or could not be requested, the Buyer may request a proportionate delivery of the consideration of the defect or may request to have it repaired at the expense of THAP Kft. or – as a last resort – may withdraw from the contract.
2.2.7.2. Product warranty claim
A product is considered to be defective if it does not meet the quality requirements in for at the time of placing it on the market or if it does not have the characteristics specified by the manufacturer. The defect of the product must be proved by the Buyer in the event of a product warranty claim.
As product warranty claim the Buyer may request the replacement of the defective product or request a refund of the purchase price of the product and the delivery cost paid by it (excluding the cost of returning the product).
The Buyer is not obliged to accept the defective product and he/she has to notify THAP Kft. through the customer service as soon as possible after the discovery of the defect. An error reported within 2 (two) months of the discovery of the error shall bee deemed to have been reported without delay. The Buyer shall be liable for damages resulting from the delay in communication.
If a defect is discovered, the Buyer should contact as soon as possible THAP Kft. to find a solution. THAP Kft. is not in a position to accept a package returned by cash on delivery or a package returned in a manifestly inappropriate manner and/or packaging.
Upon return of the product, the unpacking of the package and the inspection of the returned product is documented. In the event of a legally valid, well-founded warranty claim, THAP Kft. will at the Buyer’s choice, replace the product or refund the purchase price of the product and the original delivery cost to the specified bank account number.
- COMPLAINTS
If the Buyer would like to make a complaint, he may do so at the customer service of Vinemaxus Bor Kft. under the following contact details:
Email: info@thehungarianamphoraproject.com
Phone: +36 20 4886472
Postal address: Ipartelep 1, 7720 Pécsvárad, Hungary
If, due to the nature of the verbal complaint, it is not possible to remedy the complaint immediately, or the Buyer does not agree with the handling of the complaint, THAP Kft. shall draw up a report on the complaint. The recorded minutes will be kept for 5 (five) years, together with the substantive response to the complaint. Based on the minutes, THAP Kft. acts in accordance with the rules applicable to written complaints.
THAP Kft. will investigate and respond to the written complaint within 30 (thirty) days. In case the complaint is rejected, THAP Kft. informs the Buyer in writing about the reasons for the rejection.
THAP Kft assigns an identification number to the written, oral and recorded complaint in order to retrieve the complaint easier. During the complaint procedure THAP Kft. adheres to the rules stated in Act CLV of 1997 on consumer protection.
- DISPUTE RESOLUTION AND ENFORCEMENT RIGHTS
If any dispute between the Buyer and THAP Kft. is not settled through negotiation, the Buyer may initiate court proceedings or the following options are available to him for the enforcement of his rights:
4.1. Making a complaint to the consumer protection authority
The Buyer is entitled to lodge a complaint with the competent consumer protection authority of your place of residence. Following the assessment of the complaint, the authority shall decide on the conduct of the consumer protection proceedings. The powers of the consumer protection authority do not extend to monitoring compliance with the provisions on the conclusion, validity, effects and termination of the contract.
4.2. Dispute resolution through conciliation
Pre-litigation consumer dispute resolution is the conciliation before the chambers of commerce, which aims to settle disputes between consumers and company by agreement between the parties. Conciliation bodies are responsible for the settlement of disputes between the consumer and the company relating to the quality and safety of the product, the application of product liability rules, the quality of the service and the conclusion and performance of the contract between the parties, out-of-court settlements. For the latter, it aims to reach a mutual agreement, and in the event of failure to do so, to take a decision on the matter in order to ensure that consumer rights are enforced easily, quickly, efficiently and cost-effectively. At the request of the consumer or the company, the conciliation body shall provide advice on the consumer’s rights and obligations.The undertaking against which the consumer has lodged a claim is required to cooperate in the proceedings. It is also possible to have recourse to the judiciary after the conciliation panel proceedings have been conducted.
The assigned Conciliation Board of THAP Kft. is:
Conciliation Board operated by the Baranya County Chamber of Commerce and Industry
Address: 7625 Pécs, Majorossy Imre u. 36.
Phone number: (72) 507-154; (20) 283-3422
Fax number: (72) 507-152
E-mail address: info@baranyabekeltetes.hu
4.3. Online Dispute Resolution Platform (ODRP)
A European online dispute resolution platform operated by the European Commission is available for the out-of-court settlement of disputes between consumers domiciled in the European Union and service providers established in the European Union in connection with obligations arising from online sales and service contracts. The online dispute resolution platform is available at http://ec.europa.eu/odr. In case of using this dispute resolution platform, the E-mail address of THAP Kft.: info@thehungarianamphoraproject.com
4.4 Initiation of court proceedings
The Buyer is entitled to enforce his rights through court proceedings before a civil court in accordance with Act V of 2013 on the Civil Code and the Act CXXX of 2016 on the Code of Civil Procedure.
- MISCELLANEOUS
5.1. Contact details, consumer service
THAP Kft. may be reached by the Buyer through its consumer service under the following:
Customer Service of THAP Kft.
Address: Ipartelep 1, 7720 Pécsvárad, Hungary
Phone: +36 20 4886472
Email: info@thehungarianamphoraproject.com
The customer service may be reached via phone
From 9:00 till 19:00
Postal address of the Customer Service:
THAP Kft, Ipartelep 1, 7720 Pécsvárad, Hungary
Address in case of return of the product:
THAP Kft, Siklósi u. 22, 7622 Pécs, Hungary
5.2. Privacy Policy
The electronic orders are stored by THAP Kft. electronically. The rules on the management of personal information are stated in the Privacy Policy (link: www.thehungarianamphoraproject.com).
5.3 Links to other websites
The Website may contain links to other websites. THAP Kft. does not have any control over their contents and cannot accept any liability in respect of the use of these websites. THAP Kft. brings attention to the fact that for third-party website’s their general terms and condition and their privacy policy is applicable.
5.4 Commercial name, trade-name, trade mark, design
The “THAP” mark is a commercial name and its exclusive right holder is THAP Kft.
THAP Kft. brings attention to the fact that the commercial use of commercial trade names, trade marks and designs published on the Website is only allowed with the explicit consent of the right holder.
When using the Website for its intended purpose the commercial name, trade-name, trade mark, design may not be used and utilised without the express consent of the right holder, except for temporary display on the screen, temporary replication and for personal copying. The unlawful use of the commercial name, trade-name, trade mark and design or the use of a highly similar mark that is likely to be confused with them, may result in intellectual property, civil and criminal sanctions.
5.5. Copyright
The Website’s content, including especially the images, pictures, illustrations, technical-graphics, software and other solutions, texts, data, information are copyright protected. THAP Kft. is solely entitled to give consent for their use. It is prohibited to use, reproduce, transfer, share, revise or store the content of the Website in whole or in part – except for personal use – without the previous written consent of THAP Kft. or a valid contract with THAP Kft.
5.6. Changes to these General Terms and Conditions
THAP Kft reserves the right to unilaterally change and update this General Terms and Conditions. THAP Kft. provides information about the changes on its Website. After the changes to the General Terms and Conditions, the Buyer must accept the changes explicitly and, in the manner prescribed. The changed Terms and Conditions are applicable to orders made after their coming into force.
THAP Kft. expressly reserves the right to make any kind of changes, modification and repairment on the Website at any time without prior notification and to replace the Website’s domain name with another.
5.7. Entry into force of the General Terms and Conditions
This General Terms and Conditions enters into force on 15/02/2024.
THAP Kft.