Conditions générales d'utilisation
Service Provider Details
Name: Société par actions à responsabilité limitée "Tokaj-Hétszőlő" spécialisée dans la viticulture et la vinification
Registered office and mailing address: 3910 Tokaj, Bajcsy-Zsilinszky utca 19-21., Hungary
Customer Service: 3910 Tokaj, Bajcsy-Zsilinszky utca 19-21., Hungary
Telephone: +36-47-352-009
Email address: tokaj@hetszolo.hu
Company registration number: 05-10-000063
Registering court: Miskolc Regional Court acting as Court of Registration
Tax number: 10704444-2-05
1. GENERAL INFORMATION AND CONCLUSION OF THE CONTRACT BETWEEN THE PARTIES
1.1.
These General Terms and Conditions (hereinafter: “GTC”) apply to all electronic commerce services provided within the territory of Hungary through the electronic store (hereinafter: “Online Store”) available on the website http://tokajhetszolo.com/ (hereinafter: “Website”). These GTC also apply to all commercial transactions concluded within the territory of Hungary between the Parties specified herein. Purchases made through the Online Store are governed by Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (“E-Commerce Act”).
1.2.
Purchases in the Online Store may be made by placing an order electronically in the manner specified in these GTC.
1.3.
A significant proportion of the services offered by the Online Store are available to all users without registration. Certain services, however, require registration and subsequent login, for which any person is eligible in accordance with these GTC.
1.4.
Following submission of the order and until performance of the contract, the contract may be freely amended or cancelled without adverse consequences. Amendments or cancellation may be requested by telephone or email. The contract for the purchase of goods concluded between the Parties in the Hungarian language qualifies as a written contract. The Service Provider records the contract and retains it for 5 years following its conclusion, during which period it remains accessible.
1.5.
The language of the contract is Hungarian.
1.6.
The Service Provider does not submit itself to the provisions of any code of conduct.
1.7.
Customer Service: Tokaj-Hétszőlő Zrt.
Customer Service office: 3910 Tokaj, Bajcsy-Zsilinszky utca 19-21., Hungary
No in-person customer service is available at the above address. Customers may contact Customer Service exclusively by email or telephone.
Telephone Customer Service is available: During the opening hours applicable from time to time
Telephone: +36 47 352 009
Website: http://tokajhetszolo.com/
Email: tokaj@hetszolo.hu
2. REGISTRATION
2.1.
Registration may be completed under the Registration menu item on the Home Page by completing the form provided there, or as part of the checkout process. Under the Registration menu item, a valid email address, name and chosen password must be provided. Once the required data have been entered, registration is completed and a confirmation message is sent to the email address provided.
If the Customer proceeds from the Cart page with the intention of purchasing and paying, registration may also be completed through a simplified process by providing only a valid email address. In this case, a confirmation message containing a link for setting a password will be sent to the email address provided.
By registering on the Website, the Customer declares that he or she has read and accepted these GTC and the Privacy Notice published on the Website and consents to the processing operations specified in the Privacy Notice.
2.2.
The Service Provider shall not be liable for any delay in delivery or any other problem or error resulting from data incorrectly and/or inaccurately provided by the Customer. The Service Provider shall not be liable for any damage resulting from the Customer forgetting his or her password or the password becoming accessible to unauthorised persons for reasons not attributable to the Service Provider.
The Service Provider treats each registration as belonging to a separate individual. Previously recorded data may be amended after login by selecting the option for modifying personal data under the Personal Settings link. Such amendments may also affect the details of active orders.
The Service Provider shall not be liable for any damage or error resulting from changes made by the Customer to registered data. The Customer shall notify the Service Provider of any changes to data relating to the registration or shall personally update the relevant information.
2.3. Deletion of Registration
2.3.1. The Customer is entitled to delete his or her registration at any time by sending an email to Customer Service. Upon receipt of the request, the Service Provider shall arrange for the registration to be deleted without delay.
Following deletion, the Customer’s user data will be removed from the system immediately. This shall not affect the retention of data and documents relating to orders already placed and shall not result in the deletion of such data. Once removed, the registration data cannot be restored.
2.3.2. The Customer is solely responsible for keeping his or her user access credentials, in particular the password, confidential. If the Customer becomes aware that an unauthorised third party may have obtained access to the password provided during registration, the Customer shall change the password immediately. If there is reason to believe that the third party may have misused the password in any way, the Customer shall simultaneously notify the Service Provider.
2.3.3. The Customer undertakes to update the personal data provided during registration as necessary to ensure that they remain current, complete and accurate. The Customer shall continuously keep his or her personal data up to date and shall notify the Service Provider of any changes where this is necessary for performance of the contract or for the enforcement of another legitimate interest.
3. ORDERING
3.1.
The essential properties and characteristics of the goods to be purchased, as well as instructions relating to their use, are available on the information page of the relevant product. Should the Customer have any questions regarding a product prior to purchase, our Customer Service will be pleased to assist.
3.2.
The purchase price is always the amount displayed next to the selected product and, unless otherwise expressly indicated, includes value added tax. Product prices do not include delivery charges.
3.3.
The Service Provider reserves the right to change the prices of products available for order on the Website, with any such change taking effect simultaneously with its publication on the Website. Such changes shall not adversely affect the purchase price of products already ordered.
Where online bank card payment is initiated, no refund can be provided in the event of a price reduction occurring between the dispatch of the electronic payment notification and receipt of the product.
The security verification of an online payment transaction takes a minimum of 24 hours, and the product may only be collected thereafter.
3.4.
If, despite the Service Provider exercising due care, an incorrect price is displayed on the Website, in particular a clearly erroneous price significantly differing from the generally known, commonly accepted or estimated price of the product, including an obvious disproportion in value, or a price of HUF 0 or HUF 1 displayed due to a system error, the Service Provider shall not be obliged to supply the product at the incorrect price.
Instead, the Service Provider may offer delivery at the correct price, in which case the Customer may withdraw from the intended purchase. The Customer may exercise this right of withdrawal without providing any reason.
3.5.
The Service Provider accepts orders submitted through its Website only from registered Customers and only where all fields required for the order have been completed in full. If the Customer completes any field incorrectly or incompletely, the Service Provider will display an error message.
The Service Provider shall not be liable for any delay in delivery or other problem or error resulting from incorrect and/or inaccurate order information supplied by the Customer.
Certain products offered by the Service Provider may only be ordered by persons who have reached the age of 18.
An order may be placed in the Online Store by logging in following registration and using the Cart. The Customer may place selected products in the Cart by clicking the “Add to Cart” button on the page displaying detailed information about the relevant product.
The contents of the Cart may be viewed and modified by clicking the cart icon on the right-hand side of the Website. The Customer may specify the desired quantity of each product or delete the contents of the Cart (“Empty Cart”).
Once the Customer has finalised the contents of the Cart, the Customer must click “Proceed to Delivery Options” and log in to the Website or register in order to place the order.
The Customer may then select a delivery or collection method and enter billing and delivery details. Once all required data have been provided and the delivery method selected, the Customer may click “Proceed to Payment Methods” and select the method by which the total amount of the order is to be paid.
After selecting the payment method, the Customer may click “Proceed to Review Details” to review the order on a summary page prior to submission, amend the billing or delivery address, select the payment and delivery methods, and add comments to the order.
The order is placed and the offer submitted by clicking the “Submit Order” button. Submission of the order by clicking the “Submit Order” button creates a payment obligation for the Customer.
3.6.
The purchase prices displayed on the Website are gross prices inclusive of value added tax and other applicable public charges.
The purchase price displayed next to the products does not include delivery charges. No separate packaging fee is charged.
Product prices are displayed in Hungarian forints (HUF).
4. CORRECTION OF DATA ENTRY ERRORS
4.1.
At any stage of the ordering process and until the order is submitted to the Service Provider, the Customer may correct data entry errors on the ordering interface of the Online Store at any time (for example, by deleting a product from the Cart by clicking “Delete”).
5. BINDING EFFECT OF THE OFFER, CONFIRMATION
5.1.
The Service Provider confirms receipt of the offer (order) submitted by the Customer without delay by means of an automatically generated confirmation email, and in any event within 48 hours.
The confirmation email contains the information provided by the Customer during the purchase or registration process (such as billing and delivery information), the order identifier, the date of the order, a list and quantity of the ordered products, the product prices, delivery costs and the total amount payable.
This confirmation email merely informs the Customer that the order has been received by the Service Provider.
5.2.
The confirmation email constitutes acceptance by the Service Provider of the offer made by the Customer, thereby creating a valid contract between the Service Provider and the Customer.
5.3.
The Customer shall cease to be bound by the offer if he or she does not receive the confirmation email relating to the submitted order from the Service Provider without delay and in any event within 48 hours.
5.4.
If the Customer has already submitted the order to the Service Provider and subsequently identifies an error in the data contained in the confirmation email, the Customer shall notify the Service Provider within 1 day, or may report the error when contacted by the Service Provider by telephone, in order to avoid fulfilment of an unwanted order.
5.5.
The order constitutes a contract concluded electronically and is governed by Act V of 2013 on the Civil Code and Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services.
The contract falls within the scope of Government Decree No. 45/2014 (II.26.) on the Detailed Rules Governing Contracts between Consumers and Businesses and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
5.6.
If a product intended to be ordered is unavailable at the time the order is placed, or a product marked as “Available to Order” cannot be obtained within the period specified on the Website, the Service Provider reserves the right not to accept the order for that product.
In such a case no contract shall be concluded and the Customer shall be notified accordingly. Any payment already made shall be refunded to the Customer by the Service Provider without delay.
6. DELIVERY AND PAYMENT TERMS
6.1.
The Service Provider delivers products ordered for home delivery to the Customer against payment of a delivery fee. The Service Provider informs the Customer of the applicable delivery charge during the ordering process.
The delivery charge is determined based on the products contained in the Cart. The Service Provider is entitled to apply different delivery charges to different categories of products, including but not limited to oversized parcels and small parcels.
During certain promotional periods, the Service Provider may deliver products ordered for home delivery free of charge using its own means of transport or a carrier, provided that the gross value of the relevant order reaches the threshold for free delivery published on the Website or in the relevant Promotion, or the Order otherwise satisfies the conditions of the promotion.
The Service Provider is entitled to determine such conditions unilaterally.
If the Customer also orders a product that is not covered by the free delivery offer, the Service Provider is entitled to charge a delivery fee in connection with the relevant Order.
For orders subject to delivery charges, the Customer bears the freight charge (delivery cost). The freight charge is displayed on the order summary screen, the invoice and the confirmation email.
Further information concerning delivery is available by clicking here.
If the Customer indicates this when placing a second order and consolidation remains possible according to the Service Provider’s confirmation, the Service Provider may consolidate the orders. Parcels that have already been dispatched cannot subsequently be consolidated.
The Service Provider reserves the right to change delivery charges, with any such change taking effect simultaneously with publication on the Website. Such changes shall not affect the purchase price of products already ordered.
Oversized parcels are in all cases subject to a separate tariff irrespective of the value of the order and are not eligible for free delivery.
6.2.
The Customer acknowledges that, in the case of home delivery of large household appliances or other oversized parcels, where the specific characteristics of the property mean that the weight and/or dimensions of the relevant product could endanger the physical safety of the courier or damage the property, the courier service may refuse delivery to the specific address on behalf of the Service Provider.
If home delivery fails due to such an unforeseen circumstance, the Service Provider shall refund the purchase price of the product and the delivery charge to the Customer.
6.3.
The Customer acknowledges that, unless otherwise agreed by the Parties, following conclusion of the contract the Service Provider shall make the goods available to the Customer without delay and in any event no later than thirty days thereafter.
In the event of delay by the Service Provider, the Customer is entitled to specify an additional period for performance. If the Service Provider fails to perform within that additional period, the Customer is entitled to withdraw from the contract.
If, according to the agreement between the Parties or due to the recognisable purpose of the service, the contract had to be performed at a specified time and not at any other time, the Customer is entitled to withdraw from the Contract without setting an additional period.
The Customer therefore expressly acknowledges that, where the Parties have agreed on an expected deadline and the Service Provider fails to perform accordingly, the Customer is entitled to withdraw from the Contract.
6.4.
Subject to prior notification by the Customer, the ordered product may also be collected in person at the Service Provider’s registered office or at the premises of any commercial partner(s) (Budapest, Jászberényi út 5., warehouse premises of Kobra 97 Bt.).
6.5.
Services ordered through the Website are performed by the Service Provider at the location specified in the order confirmation sent to the Customer by email.
6.6. Invoice
Following submission of the order, the Service Provider issues an electronic invoice to the Customer as evidence of payment and sends it to the email address provided by the Customer.
Acceptance of these GTC constitutes the Customer’s consent to receive electronic invoices.
By accepting the GTC, the Customer consents to the Service Provider issuing an invoice, the PDF version of which will be sent by email, while the original copy will be provided together with the product.
Accordingly, by submitting or modifying an order and accepting these GTC, the Customer expressly consents to receiving electronic invoices issued by the Service Provider in accordance with applicable law and to downloading such invoices from the invoice-related email sent by the Service Provider by the deadline specified therein.
Electronic invoices remain available on the Customer’s Personal Page for at least the period required by applicable legislation, including the Hungarian VAT Act and Accounting Act.
An electronic invoice issued by the Service Provider is an accounting document issued electronically and fully complies with the requirements of accounting and VAT legislation and is suitable for tax administration identification.
Electronic invoices issued electronically must be retained electronically in accordance with applicable law. The original electronic invoice, as an accounting document issued electronically, provides authentic evidence of the existence of rights and obligations relating to taxation.
Accordingly, any Customer who places an order electronically and wishes to receive the product by delivery, whether to a collection point or by home delivery, will in all cases receive an electronic invoice relating to the order as described above.
Electronic invoices issued in this manner comply with the requirements laid down in Act CXXVII of 2007 on Value Added Tax, Decree No. 23/2014 (VI.30.) of the Minister for National Economy and other legislation applicable to electronic invoices.
Customers who select personal collection during the online ordering process will receive a printed invoice from the seller at the registered office. Where personal collection takes place at a location other than the registered office, the invoice will be sent to the Customer by post.
7. RIGHT OF WITHDRAWAL
The provisions of this Section apply exclusively to natural persons acting outside the scope of their trade, profession or business activity who purchase, order, receive, use or make use of goods, or who are the recipients of commercial communications or offers relating to goods (hereinafter: “Consumer”).
In the case of a contract for the sale of a product, the Consumer is entitled to withdraw from the contract without giving any reason within fourteen (14) days from the date on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession:
- of the product;
- in the case of multiple products delivered separately, of the last product;
- in the case of a product consisting of multiple lots or pieces, of the last lot or piece;
- in the case of regular delivery of products during a defined period, of the first delivery.
- in the case of a verbal complaint made in person, provide a copy of the record to the Customer immediately;
- in the case of a verbal complaint made by telephone, send a copy to the Customer no later than together with the substantive response required for written complaints, and thereafter proceed in accordance with the provisions applicable to written complaints.
- Entry in the Customers’ Complaints Book. A Customers’ Complaints Book is available at each of the Service Provider’s retail premises. The Service Provider will respond in writing to entries made therein within 30 days.
- Complaint to the consumer protection authorities. If the Customer believes that his or her consumer rights have been infringed, the Customer is entitled to submit a complaint to the consumer protection authority competent according to his or her place of residence. Following consideration of the complaint, the authority will decide whether to initiate consumer protection proceedings. A list and the contact details of the competent authorities are available at http://jarasinfo.gov.hu.
- Conciliation Board. For the purpose of resolving consumer disputes out of court and amicably in relation to the quality or safety of products, application of product liability rules, or the conclusion and performance of contracts, the Customer may initiate proceedings before the conciliation board competent according to his or her place of residence or stay, or may apply to the conciliation board operating alongside the professional chamber competent according to the Service Provider’s registered office. For the purposes of the rules governing Conciliation Boards, civil organisations, churches, condominiums, housing cooperatives and micro, small and medium-sized enterprises as defined by separate legislation shall also qualify as consumers where they purchase, order, receive, use or make use of goods or are recipients of commercial communications or offers relating to goods.
- Based on the Customer’s place of residence or stay, the Customer may contact the conciliation boards available at the following link in order to resolve a consumer dispute. The Service Provider is required to participate in Conciliation Board proceedings. For the purposes of this Section, sending a written response shall also constitute cooperation.
- Judicial proceedings. The Customer is entitled to enforce claims arising from a consumer dispute before a court in civil proceedings in accordance with Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
- Tokaj, 19 May 2020