GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
We hereby inform you that our company conducts sales through the webshop in compliance with the following general terms and conditions (hereinafter referred to as “GTC”). By placing an order, the following GTC become part of the contract between the Buyer and the Seller. Please read the following document carefully.
I. General terms and conditions
Provisions pertaining to the Buyer
Data of Seller:
name: Etyeki Kúria Borgazdasági Korlátolt Felelősségű Társaság
postal address of registered office: H-2091 Etyek, Öreghegy, lot no. 2699
court of registration: Court of Registration of the Municipal Court of Székesfehérvár
company registration number: 07-09-008065
tax number: 12167878-2-07
telephone number: +36 22/920-990
email address: webshop@etyekikuria.com
chamber membership: G209100000190
webspace provider:
DotRoll Kft.
registered office: H-1148 Budapest, Fogarasi út 3-5
correspondence to: H-1148 Budapest, Fogarasi út 3-5
Copyrights
Pursuant to Section 1 (1) of Act LXXVI of 1999 on Copyright (hereinafter referred to as “Copyright Act”), the website shall qualify as copyrighted material, with all parts being protected by copyright.
According to Section 16 (1) of the Copyright Act, it is prohibited to use the graphic and software solutions and computer programme designs found on the website without permission, or to use any application that enables the modification of the website or any part thereof.
Even with the written consent of the copyright owner, any materials from the website and its database may only be used by referencing the website and indicating the source.
Copyright owner: Etyeki Kúria Borgazdaság Kft.
Definitions
Parties: the Seller and the Buyer collectively
Consumer: natural-person Buyer acting outside the scope of their profession, sole trading or business activity
Purchase price of product: the price of the movable property without delivery costs and fees
Total cost of the product: the purchase price and the delivery costs and fee together
Consumer contract: a contract where one of the parties qualifies as a consumer
Website: this website that facilitates the conclusion of the contract
Guarantee: mandatory guarantee under Act V of 2013 on the Hungarian Civil Code (hereinafter referred to as “Civil Code”) and as specified in separate legislation in relation to consumer contracts
Distance contract: any consumer contract concluded by the parties under an organised distance sale or service provision scheme without the simultaneous physical presence of the parties, with the exclusive use of any means of distance communication for the purpose of concluding the contract
Product: any moveable property eligible for sale that is offered for sale on the Website under a Contract
Company: any person acting within the scope of their profession, sole trading or business activity
Language and form of the contract
The language of the contracts under these GTC is Hungarian and English.
The contracts under these GTC shall not qualify as written contracts, thus the Seller shall not register them.
Operation of digital data content, technical protection measures
The availability of the servers providing the data appearing on the website is over 99%. The full data content of the website is saved on a daily basis so the original data content can be restored.
Data appearing on the website is stored in a MySQL database. The support equipment and measures protect personal data and business secrets.
Information about the material characteristics of products
On the website, the material characteristics of the products for sale are detailed in the description of the individual product.
Purchase prices and value added tax
The webshop indicates the purchase price of the products in forints, which contains 27% VAT.
The Seller is entitled to modify the purchase prices of the products offered in the webshop. The modification of purchase prices does not cover contracts already concluded, but we reserve the right to correct any technical or administrative errors or other deficiencies in the webshop (e.g. obvious clerical errors). (Obvious clerical errors include, in particular: the product’s purchase price is below HUF 1,000 or, if applying discounts, the discounted purchase price indicated, if the indicated amount is not received after the % discount is deducted from the original purchase price.)
In such cases, once the error has been recognised and corrected, the Seller shall immediately inform the Buyer about the new data. Contracts concluded in this way shall not be considered valid even if the order is confirmed. If the Buyer still intends to buy the product after this, they can send an email or a new webshop order to the Seller.
Purchase process
Select the Product
By clicking on the product categories on the website, you can select any product group of your choice, and then the individual products. By clicking on the individual products, you will find the photo, description and price of the given product. Products are illustrated with photos. When making a purchase, the Buyer shall pay the price indicated on the website. Please note that we cannot be held accountable for any clerical errors or incorrect data.
Add to basket
After selecting the Product, the Buyer can add any number of products to the basket by clicking on the “Add to basket” button, without any purchase or payment obligation, since adding products to the basket does not qualify as a purchase order by the Buyer.
The content of the basket may be freely modified until the order is finalised, i.e. until the “Send order” button is clicked; any products may be removed from the basket, new products can be added to the basket, and the number of products can be changed as required.
View basket
By clicking on the “Basket” icon at top of the website, the Buyer may check the content of the basket at any time during use of the website. Here they can remove any selected products from the basket, or change the number of products. If the Buyer does not intend to select and add any further products to the basket, they can continue shopping by clicking on the “Proceed to checkout” button. If you want to continue shopping, select the “Continue shopping” button.
Enter buyer data
After clicking on the “Basket” button, the content of the basket is shown, and if the Buyer purchases the selected products, the full purchase price to be paid is also shown. By clicking on the “Proceed to checkout” button in the basket, you can enter your personal data if you are not yet registered, or you can sign in by clicking on the “Account” button. In the “Delivery methods” box you must choose whether you intend to uplift the ordered products in person (“Click and collect”), or if you want home delivery by a courier service. If choosing delivery, the system indicates the delivery fee, which must be paid by the Buyer when placing the order. If the content of your basket reaches HUF 15,000, delivery is free.
Finalise order (purchase order)
If the Buyer has made sure that the content of the basket corresponds to the products the Buyer wants to order, and the Buyer’s details are correct, the order can be finalised by clicking on the “Send order” button. The information disclosed on the website does not qualify as an offer from the Seller for concluding a contract. For orders under these GTC, the Buyer shall qualify as the person making the offer.
By clicking on the “Send order” button, the Buyer expressly acknowledges that their offer is considered placed, and that this declaration – if confirmed by the Seller under these GTC – entails a payment liability. The Buyer is bound to their offer for 48 hours. If the Buyer’s offer is not confirmed by the Seller under these general terms and conditions within 48 hours, the Buyer is relieved from its obligation under the offer.
Processing the order, conclusion of the contract
A Buyer may place an order at any time. The Seller shall confirm the offer to the Buyer via email. If the Buyer notices that the confirmation email notification contains incorrect Buyer details (e.g. name, delivery address, telephone number, etc.), the Buyer shall immediately notify the Seller by email and provide the correct data. If the Buyer does not receive the confirmation email within 24 hours of placing their order, please contact the Seller because it is possible that the order was not received by the system for technical reasons.
The contract is concluded when the confirmation email sent by the Seller arrives in the Buyer’s email system.
Discounts
The following discounts are available when shopping in the webshop:
- Loyalty discounts under the conditions set forth in the Purchase information\Loyalty information section.
- Individual discounts: vouchers issued by Etyeki Kúria Kft. can be used until they expire.
Correction of data entry errors – Liability for accuracy of data provided
The Buyer may modify the data provided at any time during the order process before finalising it (by using the back button in the browser the previous page opens, so the details entered can even be corrected if you are already on the next page).
Please note that Buyers are responsible for the data they provide. The Seller shall complete the order and invoice and deliver the product based on the data provided by the Buyer. The Buyer shall be liable for all damages caused by supplying incorrect and inaccurate data.
Incorrect email addresses or full mailboxes may result in the confirmation email not arriving and prevent the conclusion of the contract.
Confirmation
The Seller shall immediately confirm receipt of the Buyer’s order, to the Buyer, electronically. If such confirmation is not received by the Buyer within 48 hours of placing the order, the Buyer is relieved from the binding offer or the contractual obligation.
The Buyer can request information or ask questions from the customer service by replying to the order confirmation. The order and the confirmation thereof are considered delivered to the Seller and the Buyer when they become available to them.
The courier responsible for delivering the product (hereinafter: Sprinter Kft.) shall inform the Buyer about the expected time for delivery in a text message (indicating a time slot within a day).
Modification and cancellation of order
In accordance with the provisions of Act CVIII of 2001 on Electronic Commerce and Information Society Services, when placing an order the Seller’s webshop software immediately sends the Buyer notification of the order receipt. For 24 hours after this message has been sent to the Buyer, the Buyer is entitled to withdraw from and modify their order electronically.
The Seller notifies the Buyer by email that the ordered products have been handed over to Sprinter Kft., or have been placed at the Seller’s Wine Bar if “click and collect” was chosen.
Payment terms and methods
The product is only handed over once the purchase price and delivery costs (hereinafter: total cost of the product) are settled.
When ordering the product, the Buyer may choose from the following payment methods if the conditions for the given payment method are met:
- payment by bank card or in cash (only for click and collect)
- online payment
- cash on delivery
- bank transfer
Payment by bank card or in cash: if the Buyer intends to pick up the ordered product at the registered office of the Seller (Wine Bar), the purchase price of the product may be settled by bank card or in cash.
Online payment: On placing their order, the Buyer can settle the total cost of the product by bank card using the Simplepay system of OTP Nyrt. The Seller commences the home delivery of the order once the payment transaction is complete. After the required bank card data has been provided, the payment is made by clicking on the Payment button. The Simplepay system sends direct notification of the successful payment.
Cash on delivery: The Buyer can settle the total cost of the product upon delivery by choosing the “Cash on delivery” payment method.
Bank transfer: The Buyer can settle the total cost of the product by transfer to the Seller’s bank account no. 10918001-0000429-00230015 held at Unicredit Zrt.
Delivery deadline
Delivery of the product can be expected within no more than 5 days of confirmation of the order.
Delivery of the product
The ordered product is delivered and handed over in exchange for a separate fee in addition to the product price if the service of Sprinter Kft. is used. The delivery conditions are specified in the Purchase information\Delivery information section.
The Buyer shall make sure the product can be received at the time specified by Sprinter Kft. and at the place of delivery specified by the order. If the Buyer breaches this obligation, they shall bear any resultant costs and compensate for any damages.
If the Buyer does not take delivery of the ordered product (except for cases when the consumer right to withdraw is exercised), they shall pay the costs of the return delivery to the Seller.
Seller’s right to withdraw and refuse delivery
The Seller is entitled to refuse or withdraw from delivery within 24 hours of receipt of the order if the product specified in the order is not available in the amount ordered, or the Seller cannot deliver it within the time slot specified in the “Delivery deadline” section. The Seller shall notify the Buyer accordingly by sending a simple mail to the email address provided upon registration.
Ownership clause and reservation of rights
The product shall remain owned by the Seller until the total cost (purchase price and delivery fee) of the product is fully paid.
If the Buyer did not take delivery of a product during an earlier purchase (except for the cases specified in point 2 of chapter II), or did not pick up the product within the deadline of 8 days in the case of click and collect, the Seller may require payment in advance of the total cost of the product before completing the order.
The Seller is entitled to withhold the product until confirmation is received that the total cost of the product has been paid successfully. If the total cost of the product has not been fully paid, the Seller shall request that the Buyer complete the payment.
Means of delivery, delivery fees
Delivery of the product through the Seller’s delivery partner: the home deliveries of the products are carried out by Sprinter Kft. (see Delivery of the product section).
Click and collect: when choosing click and collect, the Buyer may uplift the product within 8 days of receipt of the click and collect confirmation at the Seller’s registered office in H-2091 Etyek, Öreghegy, lot no. 2699, during the opening hours of the Wine Bar.
Severability
If any points of the GTC are invalid, incomplete or wrong, the other points of the contract shall remain in force. Instead of the invalid, incomplete or wrong parts, the provisions of applicable legislation or a provision meeting the presumed intentions of the parties shall be applied.
II. Specific provisions pertaining to consumers
1. Protection of children and minors
With reference to Section 16/A of Act CLV of 1997 on Consumer Protection, we inform Buyers that we do not sell alcoholic beverages to persons under the age of eighteen. By placing an order, the Buyer shall declare whether they are of legal age.
In the event of doubt, the Seller or its representative may call the consumer up to credibly verify their age. For lack of appropriate verification of age, the Seller may refuse delivery.
2. Right to withdraw
The Consumer may withdraw from the contract without reasoning within fourteen days of receipt of the product by means of a straightforward declaration or the standard sample declaration to withdraw in Appendix 2 to Government Decree No. 45/2014 (II.26). The Consumer may exercise their right to withdraw only if all of the following conditions are met: the product is unopened and intact in its original packaging and quantity.
Exclusions from right to withdraw: The Buyer may not exercise their right to withdraw from the contract if the product cannot be returned for health and/or hygienic reasons after it is opened following receipt.
The Seller shall return the amount paid by the Consumer as the purchase price immediately, but within no later than 14 days of the withdrawal. The Seller may withhold the amount paid by the Buyer as the purchase price until the Consumer has returned the product.
When exercising the right to withdraw, the Consumer shall send back or return the product to the Seller immediately, but within no later than fourteen days of communicating such withdrawal. The Consumer shall pay the cost of returning the product. The product may not be sent back by post.
3. Warranty for material defects, product warranty, guarantee
Warranty for material defects: If the Seller fulfils the order in a non-compliant way, the Buyer may enforce a warranty for material defects (repair, change, price reduction, withdrawal) according to the provisions of the Hungarian Civil Code. V f .
As a product warranty claim, the Buyer may only request the repair or change of the defective product. The product is defective if it does not comply with the quality requirements in force upon its placement on the market, or if it does not have the characteristics described by the Seller.
Guarantee: given the nature of our products, we do not provide a guarantee.
The Seller does not have a code of conduct in accordance with the Act on the Prohibition of Unfair Commercial Practices against Consumers.
4. Handling complaints and possibilities for enforcing rights
The Consumer may submit consumer objections relating to the product or the Seller’s activity as follows: Etyeki Kúria Kft. (Telephone: +36 30/920-990, Postal address: H-2091 Etyek, Öreghegy, lot no. 2699, email: webshop@etyekikuria.com)
The Consumer may communicate the complaint to the Seller verbally or in writing if it relates to the behaviour, activity or failure of the Seller and/or the person acting in the interest or on behalf of the Seller in direct relation to the distribution and sale of the product to consumers.
If the Seller rejects the Consumer’s complaint, the Consumer may also take the matter to the competent Arbitration Board for their place of residence or place of abode: the proceeding at the arbitration board can be launched on the condition that the consumer tries to resolve the dispute directly with the Seller concerned.
III. Data protection and other provisions
The Controller shall process personal data pursuant to Act CXII of 2011 on the Right of Informational Self-Determination and the Freedom of Information, REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – GDPR, and Act CVIII of 2001 on certain aspects of Electronic Commerce and Information Society Services.
In the privacy policy on the website the Controller shall provide detailed information about the processing of data in relation to the webshop.
Applicable legislation
The Contract is governed by Hungarian legislation, and the following legislation shall be applied in particular:
Act CLV of 1997 on Consumer Protection
Act CVIII of 2001 on Electronic Commerce and Information Society Services
Act V of 2013 on the Civil Code
Government Decree No. 45/2014 (II.26) laying down detailed rules for contracts between consumers and businesses
Decree No. 19/2014 (IV.29) NGM of the Minister of National Economy on the procedural rules for administering warranty and guarantee claims on things sold under contracts between consumers and businesses
Act LXXVI of 1999 on Copyright
Act CXII of 2011 on the Right of Informational Self-Determination and the Freedom of Information
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – GDPR
Etyek, 7 September 2020
Etyeki Kúria Kft.