General terms and conditions
1. 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 drafted 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, Vinemaxus Bor Kft.. The parties to the distance contract are, as defined in this General Terms and Conditions, Vinemaxus Bor 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 Vinemaxus Bor Kft. by electronic means. The order and the declaration will be registered and stored electronically by Vinemaxus Bor 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.
2. 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: Vinemaxus Bor Korlátolt Felelősségű Társaság
Seat: Lovassy Sándor u. 8., 8360 Keszthely, Hungary
Tax number: 261055-45-2-20
Company registration number: 20-09-075667
Registry Court: Zalaegerszegi Törvényszék Cégbírósága
Bank: Kereskedelmi és Hitelbank Zrt.
HU13 10404955-50526869-84761005 (HUF)
HU18 10404955-50526869-84761012 (EUR)
Customer Service’s number: +32 472769279
E-mail to order or to lodge a complaint: email@example.com
Hosting service provider’s company name: Xenius BV
Hosting service provider’s seat: Krijgsbaan 243, 2070 Zwijdnrecht, Belgium
Hosting service provider’s phone number: +32 3 2464747
Hosting service provider’s electronic address: firstname.lastname@example.org
2.1.2. The Buyer
By using the Website of Vinemaxus Bor 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 Vinemaxus Bor Kft. through the Website no registration is required. However, certain services of Vinemaxus Bor Kft. (e.g. newsletter, information on sales, and preferential purchase conditions) offered on the Website may only be available to registered visitors.
During the registration process one may choose to subscribe to the newsletter.
Vinemaxus Bor 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 Vinemaxus Bor 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. Vinemaxus Bor Kft. shall not be liable for problems and errors caused by the incorrectly and/or inaccurately given information. Vinemaxus Bor 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 Vinemaxus Bor 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 Vinemaxus Bor Kft. directly through the customer service before placing an order.
Vinemaxus Bor 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 Vinemaxus Bor 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. Vinemaxus Bor 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
1. 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.
2. Vinemaxus Bor 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 Vinemaxus Bor Kft.
3. 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) Vinemaxus Bor Kft.’s customer service contacts the Buyer electronically and / or via phone for further clarification of the order.
4. Vinemaxus Bor 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 Vinemaxus Bor Kft.
Vinemaxus Bor 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 Vinemaxus Bor Kft. upon the receipt of the confirmation by Vinemaxus Bor 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 Vinemaxus Bor Kft. within 24 (twenty-four) hours upon the receipt of the E-mail. If the Buyer does not indicate the mistake Vinemaxus Bor 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.
Vinemaxus Bor Kft. has ownership over the product up until the full payment of the sale price.
Vinemaxus Bor 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: Vinemaxus Bor Kft.
Bank: Kereskedelmi és Hitelbank Zrt.
HU13 10404955-50526869-84761005 (HUF)
HU18 10404955-50526869-84761012 (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.
The delivery will be made after the price of the product has been fully paid.
Vinemaxus Bor 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 Vinemaxus Bor 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 all delivery fee (the cost of return and re-delivering too) is to be paid by the Buyer.
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 Vinemaxus Bor 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 (fourteen) 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 Vinemaxus Bor Kft. using the following contact details:
by post: Lovassy Sándor u. 8., 8360 Keszthely, Hungary
by electronic mail: email@example.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, Vinemaxus Bor 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 Vinemaxus Bor 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: Terra Ungheria Kft., 7720 Pécsvárad, Ipartelep 1, Hungary without delay, but no later than 14 (fourteen) 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 Vinemaxus Bor Kft. shall by borne by the Buyer. Vinemaxus Bor 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 Vinemaxus Bor 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 Vinemaxus Bor Kft., will not be refunded.
Vinemaxus Bor 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, Vinemaxus Bor Kft. takes into account the earlier time.
Vinemaxus Bor 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 Vinemxus Bor Kft. through the customer service at the following contact details:
Phone: +32 472769279
Address: Lovassy Sándor u. 8., 8360 Keszthely, Hungary
The Buyer (in accordance with Articles 6:159 § – 6:170 § Ptk.) may assert a supplies warranty claim in case of defective performance by Vinemaxus Bor 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.
18.104.22.168. 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 Vinemaxus Bor 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 Vinemaxus Bor 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 Vinemaxus Bor Kft. or – as a last resort – may withdraw from the contract.
22.214.171.124. 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 Vinemaxus Bor 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 Vinemaxus Bor Kft. to find a solution. Vinemaxus Bor 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, Vinemaxus Bor 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.
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:
Phone: +32 472769279
Postal address: Lovassy Sándor u. 8., 8360 Keszthely, 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, Vinemaxus Bor 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, Vinemaxus Bor Kft. acts in accordance with the rules applicable to written complaints.
Vinemaxus Bor Kft. will investigate and respond to the written complaint within 30 (thirty) days. In case the complaint is rejected, Vinemaxus Bor Kft. informs the Buyer in writing about the reasons for the rejection.
Vinemaxus Bor Kft assigns an identification number to the written, oral and recorded complaint in order to retrieve the complaint easier. During the complaint procedure Vinemaxus Bor Kft. adheres to the rules stated in Act CLV of 1997 on consumer protection.
4. DISPUTE RESOLUTION AND ENFORCEMENT RIGHTS
If any dispute between the Buyer and Vinemaxus Bor 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 Vinemaxus Bor Kft. is:
Conciliation Board operated by the Zala County Chember of Commerce and Indusrty
Seat: Petőfi u. 24.. 8900 Zalaegerszeg, Hungary
The application for the initiation of the proceeding before the Conciliation Board can be found at: https://www.bekelteteszala.hu/nyomtatvany.
One can find more information on the following link: www.bekeltetes.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 Vinemaxus Bor Kft.: firstname.lastname@example.org
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.
5.1. Contact details, consumer service
Vinemaxus Bor Kft. may be reached by the Buyer through its consumer service under the following:
Customer Service of Vinemaxus Bor Kft.
Address: Lovassy Sándor u. 8., 8360 Keszthely, Hungary
Phone: +32 472769279
The customer service may be reached via phone
From 9:00 till 19:00
Postal address of the Customer Service:
Vinemaxus Bor Kft.
8360 Keszthely, Lovassy Sándor u. 8., Hungary
Address in case of return of the product:
Terra Ungheria Kft., 7720 Pécsvárad, Ipartelep 1, Hungary
5.3 Links to other websites
5.4 Commercial name, trade-name, trade mark, design
The “Vinemaxus” mark is a commercial name and its exclusive right holder is Vinemaxus Bor Kft.
Vinemaxus Bor 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 utilized 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.
The Website’s content, including especially the images, pictures, illustrations, technical-graphics, software and other solutions, texts, data, information are copyright protected. Vinemaxus Bor 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 Vinemaxus Bor Kft. or a valid contract with Vinemaxus Bor Kft.
5.6. Changes to these General Terms and Conditions
Vinemaxus reserves the right to unilaterally change and update this General Terms and Conditions. Vinemaxus Bor 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.
Vinemaxus Bor 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 22 February, 2021.
Vinemaxus Bor Kft.