Podmaniczky Pince
Terms and Conditions
1. Basic definitions of the terms and conditions
2. Purpose of the Webshop terms and conditions:
3. The Webshop service:
4. Formation and modification of the Webshop contract:
5. Rights and obligations of the customer:
6. Data protection, data security:
7. Closing provisions
1. Basic definitions of the terms and conditions
1.1 Details of the service provider
Company name: János Podmaniczky
Registered seat: 8623 Balatonföldvár, Báthory utca 55/2, Hungary
Business premises:
Company registration number:
Tax number: 51169118-2-34
Statistical number:
Details of the hosting provider
Directinfo Kft.
Represented by: László Lengyel
Registered seat: 1147 Budapest, Gyarmat utca 99/b, Hungary
Tax registration number: 11722539-2-42
Company registration number: 01 09 931683
Phone number: +36 1 273 1616
E-mail address: iroda@directinfo.hu
1.2 The customer, or purchaser
Anyone who uses the Webshop service, i.e. registers on the www.podmaniczkypince.hu website and orders or purchases goods or services through this interface.
1.3 Details of carriers
1.3.1 [Courier Company] delivers our goods, under the contract concluded with it, on the basis of its own general terms and conditions, at the rates shown under the “shipping/payment” menu item.
2. Purpose of the Webshop terms and conditions
János Podmaniczky has issued these Webshop terms and conditions in order to regulate in detail the conditions relating to the Webshop service and its use, the rights and obligations of the service provider and the customer, and other material circumstances connected with the Webshop service.
The Webshop terms and conditions contain the general terms of the legal relationship arising between János Podmaniczky and the customer entering into a contractual relationship with him. On matters not regulated herein, the Hungarian legislation and official regulations applicable at any given time to the service provider’s Webshop activity, as well as the provisions of the Hungarian Civil Code, shall apply without further stipulation.
2.1 Publication of the Webshop terms and conditions
Acceptance of the Webshop terms and conditions by the customer is a precondition for using the Webshop service. The terms and conditions are deemed to be accepted if the customer uses the service, i.e. registers.
2.2 Scope of application of the Webshop terms and conditions
János Podmaniczky reserves the right to modify the Webshop terms and conditions, in whole or in part, at any time. The Webshop terms and conditions, and any amendment thereto, take effect upon publication. The Webshop terms and conditions remain in force for as long as the Webshop service provider offers the Webshop service, and, for matters that began before termination but remain unresolved, until such matters are closed.
3. The Webshop service
János Podmaniczky provides the Webshop service to the customer under the following conditions.
3.1 Territorial scope of the Webshop service
Due to the nature of the data network (the internet), the online administration interface maintained by the Webshop service provider is accessible both from within Hungary and from abroad. However, János Podmaniczky only accepts orders addressed to the territory of the Republic of Hungary. Delivery by post or otherwise to an address outside the territory of the Republic of Hungary is therefore not possible.
3.2 Data required for registration
Personal information
Last name
First name
E-mail address (for user login)
Mobile phone number
Password
3.3 Additional data required for placing an order
Delivery address
Postal code
City
Street name
House number
Billing address
Company name
Postal code
City
Street name
House number
3.4 The following statement is made by János Podmaniczky regarding the storage of the above-mentioned data
By accepting these Terms and Conditions, the customer entrusts János Podmaniczky with the storage, archiving and processing of the data; he has undertaken to treat the data confidentially, not to disclose it to third parties on the basis of the existing legal relationship, and to store it securely on his servers.
4. Formation and modification of the Webshop contract
4.1 General characteristics
The contract is formed by registration on the service provider’s online interface and by accepting these terms and conditions. Registration is a precondition for purchasing in the Webshop. Orders are formed when the customer confirms the order in its final form. János Podmaniczky reserves the right, upon receipt of orders, to delete the data and to declare invalid any orders submitted with such data, if the authenticity of the registration data is in doubt or cannot be interpreted.
4.2 Registration
During Webshop registration, once the customer has provided their details, they gain the ability to place an order. The customer may freely browse the product range without logging in and place items in their cart. The customer can log in to the shop with their username and password, after which they can purchase the items collected in their cart without having logged in beforehand. The purchase is completed using the button provided for this purpose on the website.
4.3 Modification and cancellation of an order
Pursuant to Act CVIII of 2001, when an order is placed the webshop software immediately sends a notification to the customer confirming that the order has been received. If the customer does not receive this within 48 hours, the customer’s obligation to be bound by the offer ceases. János Podmaniczky allows the customer the option of cancelling their order electronically up until fulfilment of the order has begun. When fulfilment of the order begins, the customer receives an e-mail notification of this fact; thereafter, cancellation of the order is only possible in person (via the customer service contact details), which János Podmaniczky’s customer service may accept or refuse according to the following guidelines:
In the case of delivery by courier with cash payment, cancellation may be accepted for orders not yet handed over to the courier. If the courier has already taken over the products to be delivered from János Podmaniczky, this right may only be exercised at the time of delivery.
In the case of payment by bank card, cancellation of the order may be accepted under the same rules as for cash payment, with the proviso that the transferred amount will be refunded to the customer within 30 days, and that any costs arising from the banking transactions will in this case be passed on to the customer, deducted from the refunded amount.
4.4 Payment terms
The customer pays for the purchased goods and services electronically (by bank card) when placing the order, in cash to the courier upon receipt of the goods, or by direct bank transfer to János Podmaniczky’s bank account. János Podmaniczky issues an invoice for cash received. The customer may accept all items of the order together, or may refuse to accept the entire order. If the customer refuses to accept the order, János Podmaniczky reserves the right, at its own discretion, to terminate the customer’s registration and to invalidate any orders placed in the meantime.
János Podmaniczky does not charge a fee in excess of the costs it actually incurs in connection with the given payment method for the use of that payment method.
Online bank card and other payment methods are processed through the Barion system. Bank card and other payment-related data do not reach the merchant. Barion Payment Zrt., the service provider, is an institution supervised by the National Bank of Hungary, licence number: H-EN-I-1064/2013.
4.5 In the event of unsuccessful delivery
Under the general delivery deadline, the carrier will attempt to deliver the ordered goods on two occasions. After this, the customer may collect the products from the designated postal delivery point for a further 5 days. If they fail to do so, the seller will declare the order invalid and delete it upon return of the goods.
4.6 Order tracking service
Customer service provides information on questions relating to orders.
5. Rights and obligations of the customer
5.1 Right of withdrawal
The customer has the right to withdraw from the contract for the ordered product within 14 days of receipt, and to return it to the service provider in full within 14 days of the withdrawal. Pursuant to Government Decree 45/2014 (II. 26.), the costs of the return are borne by the customer. To avoid disputes, a video recording is made of the opening of any returned package containing the goods. The Seller is obliged to refund the value of the goods, less any verifiably incurred costs, to the customer within 30 days of receiving the package. The right of withdrawal also applies during the period between the conclusion of the contract and receipt of the product. In the event of withdrawal, the service provider is not obliged to reimburse the consumer for any additional costs resulting from an express delivery method chosen by the consumer, but only the standard delivery cost.
Where withdrawal from the contract is not possible for a given product due to its nature, this is indicated separately in the product description.
A recommended template for the withdrawal statement is attached. The use of wording other than the recommended template does not mean that the withdrawal is invalid: the service provider considers the withdrawal valid if the customer’s statement clearly and unambiguously expresses the intention to withdraw, and if withdrawal is possible for the given product due to its nature.
5.2 Damage that may be caused to János Podmaniczky
If the returned goods are presumed to be damaged, and this damage occurred due to improper use, János Podmaniczky may, pursuant to the above decree, claim compensation from the customer for the resulting decrease in value of the product. The parties mutually accept, as proof of any damage to the package, the video recording made by the Seller when the goods were unpacked.
5.3 Warranty
The seller’s warranty and guarantee liability is governed by the provisions of the Hungarian Civil Code (Ptk.) and Government Decree No. 151/2003 (IX.22.).
5.4 After-sales services
Beyond customer service and the warranty, János Podmaniczky provides any after-sales service (e.g. non-warranty repair) under a separate, individual contract.
János Podmaniczky has not drawn up a separate code of ethics (as permitted under the act on the prohibition of unfair commercial practices against consumers).
6. Data protection, data security
6.1 Data protection statement
During the registration required to use the service, János Podmaniczky records the following data about customers: data required to identify the customer: the customer’s username, password (encrypted one-way) and e-mail address. Their name, address, and contact telephone number. In order to deliver the ordered goods, János Podmaniczky provides the following data to the carrier or the carrier’s agent: time of order, name of recipient (from the delivery address), company name (from the delivery address), the full delivery address, the amount of the order, the order number, and the customer’s telephone number and other contact details.
6.2 Modification of personal data
The customer may change or delete their provided personal data at any time via the Webshop’s user interface. An exception to this is the deletion of the following data:
Unique identifier
E-mail address
Telephone number
Password
Change of name
Unique identifier
The customer may request deletion of their registration at the e-mail address info@podmaniczkypince.hu, or via the customer service telephone number. The telephone number is not a premium-rate number.
7. Closing provisions
7.1 Provisions relating to contracts between remote parties
No written contract is drawn up regarding these terms, and János Podmaniczky does not register them. An exception to this may apply to those customers with whom the majority of purchase transactions are not conducted electronically.
7.2 Termination of the legal relationship
The Webshop terms and conditions remain in force for as long as the Webshop service provider offers the Webshop service, and, for matters that began before termination but remain unresolved, until such matters are closed. The customer may at any time request the immediate termination of the contract, provided that no transaction is in progress and neither party has any outstanding claim against the other. We will accept this after verification of the customer’s identity, and will terminate the user’s ability to use the shop by deleting their registration.
János Podmaniczky reserves the right to unilaterally terminate the contract, in justified cases, in the event of inappropriate conduct by the customer.
7.4 János Podmaniczky’s liability does not extend to
Abuses caused by the negligence of the user (e.g. disclosure of a password to a third party); he accepts no financial or moral liability for these.
GUARANTEE, COMPLAINTS
We guarantee the quality of our products to the extent required by law.
If a product is proven to be defective, János Podmaniczky will of course provide a refund or a replacement guarantee, which includes reimbursement of the shipping cost or free shipment of a new product.
The customer is entitled to submit their complaints or comments to the Seller in writing. The Seller is obliged to examine the complaint within 3 days and to notify the customer in writing of the outcome and of any further steps to be taken.
In the event of a dispute, the consumer may turn to the conciliation body. The conciliation body competent according to the registered seat of János Podmaniczky:
Annex:
Model withdrawal/termination statement
(please complete and return only in case of an intention to withdraw from/terminate the contract!)
Addressee: János Podmaniczky.
I/We, the undersigned, declare that I/we hereby exercise my/our right of withdrawal/termination with respect to the contract for the sale of the following product(s) or the provision of the following service: ……………………………………………………………..
Date of conclusion of contract / date of receipt: ………………………………………………..
Name(s) of consumer(s): ……………………………………………………………………………
Address(es) of consumer(s):……………………………………………………………………………..
Signature(s) of consumer(s): …………………..(only in the case of a statement made on paper!)