Terms and conditions
General Terms and Conditions of Service (hereinafter referred to as GTC)
Hörcsik Richárd e.v. (hereinafter referred to as Service Provider) and the Client (hereinafter referred to as Client) who utilizes the electronic commercial services provided through the website tokaj-portius.hu (Service Provider and Client hereinafter collectively referred to as Parties) set forth the rights and obligations of the Parties.
The GTC applies to all transactions and services conducted through the website tokaj-portius.hu, irrespective of whether their fulfillment occurs from Hungary or abroad, by the Service Provider or its intermediary.
Service Provider’s Data:
- Company Name: Hörcsik Richárd e.v.
- Registered Office and Mailing Address: 3950 Sárospatak, Kazinczy út 2-4.
- Tax Number: 64515564-2-25
- Customer Service: see more in section 1.7
- Phone Number: +36 30 967 5906
- Email Address: richard@tokaj-portius.hu
Webshop Contact Information:
- Registered Office and Mailing Address: 3950 Sárospatak, Kazinczy út 2-4.
- Phone Number: +36 30 967 5906
- Email Address: richard@tokaj-portius.hu
- Webshop URL: www.tokaj-portius.hu
Hosting Service Provider’s Data:
- Name: Sybell Informatika Kft.
- Headquarters: 1158 Budapest, Késmárk u. 7/b. 2. em. 206.
- Company Registration Number: 01-09-293034
- Tax Number: 25859502-2-42
- Phone Number: +36 1 707 6726
- Email: info@sybell.hu
- Data Controller Representative: Szilvágyi Ferenc
- Data Protection Officer: Gajdóczy Adrienn
1. GENERAL INFORMATION, FORMATION OF CONTRACT BETWEEN THE PARTIES
1.1. The scope of the present GTC covers all electronic commercial services provided in Hungary through the electronic store on the website tokaj-portius.hu (hereinafter referred to as Website).
Furthermore, the GTC covers all commercial transactions conducted within Hungary between the Parties as defined herein. Purchasing through the tokaj-portius.hu webshop is regulated by the Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (“E-Commerce Act”).
1.2. Purchasing in the tokaj-portius.hu webshop is possible through electronically submitted orders, as defined in the present GTC.
1.3. Most of the services of the tokaj-portius.hu webshop are accessible to all users without registration. However, some services are subject to registration (and subsequent login), which anyone is entitled to perform in accordance with the terms recorded in the GTC.
1.4. After placing an order, the contract may be freely and without consequence modified or canceled until its fulfillment. This can be done via phone or email.
The contract, concluded in Hungarian between the Parties through the purchase of the product, is considered a written contract, which is registered by the Service Provider and stored for 5 years after its conclusion.
1.5. The language of the contract is Hungarian.
1.6. The Service Provider does not submit to any code of conduct.
1.7. Customer Service Contact Information:
- Customer Service Hours: Mon-Fri 9:00-17:00
- Phone: +36 30 967 5906
- Website: tokaj-portius.hu
- Email: richard@tokaj-portius.hu
2. REGISTRATION
2.1. During checkout, alongside placing an order, there is an option to register an account.
A preliminary data collection form (requiring a chosen username, a valid email address, and a chosen password) is followed by a more detailed personal data form after clicking on the link sent in the validation email, which can be filled in before placing orders.
By registering on the Website, the Client declares that they have understood and accepted the terms of the present GTC and the Privacy Statement published on the Website, and they consent to the data processing outlined in the Privacy Statement.
2.2. The Service Provider bears no responsibility for delays in delivery or other problems or errors that can be traced back to incorrect and/or inaccurate data provided by the Client.
The Service Provider is not liable for damages resulting from the Client forgetting their password or if it becomes accessible to unauthorized persons for any reason not attributable to the Service Provider. Each registration is treated as a separate legal entity.
Previously recorded data can be changed after logging in under the “Personal Settings” link in the “Modify Personal Data” menu, which may also affect active orders.
The Service Provider assumes no liability for any damages or errors arising from changes made by the Client to their registered data.
3. ORDER PROCESS
3.1. The essential characteristics and properties of the goods to be purchased, instructions for their use can be found on the specific product information page, noting that the detailed actual properties of the product are included in the instruction manual accompanying the product.
It qualifies as performance in accordance with the contract by the Service Provider if the product has more favorable or advantageous properties than those provided on the website or in the instruction manual.
If questions arise regarding the product before purchase, our customer service is at your disposal. The instruction manual for the products distributed by us is included with the product where required by law.
If you do not receive the mandatory instruction manual with the product, please notify our customer service immediately before using the product, and we will provide it.
If you need more information about the quality, basic properties, use, or usability of any product available on the Website than what is provided on the Website, please contact our customer service, whose contact details can be found in section 1.7.
3.2. The purchase price is always the amount indicated next to the selected product, which, unless otherwise indicated, includes value-added tax.
The purchase price of the products does not include the delivery cost unless stated otherwise on the final payment page.
3.3. The Service Provider reserves the right to change the prices of products that can be ordered from the Website, provided that the change takes effect simultaneously with its appearance on the Website.
The modification does not adversely affect the purchase price of the already ordered products. In the case of initiating payment by online bank card, it is not possible to refund the money in the event of a price decrease between the dispatch of the electronic payment notification and the receipt of the product.
The security check of the online payment transaction takes a minimum of 24 hours, and the product can only be received after that.
3.4. If, despite all the diligence of the Service Provider, a wrong price is displayed on the Website, especially a price of “0” HUF or “1” HUF due to a system error, which is significantly different from the well-known, generally accepted, or estimated price of the product, then the Service Provider is not obliged to deliver the product at the incorrect price but may offer delivery at the correct price, and in light of this, the Client may cancel their purchase intention.
Product images displayed on the website may differ from reality.
3.5. The Service Provider accepts orders from the Website not only from registered Clients, but the Client must completely fill out all fields related to their data for the order. (If the Client fills out any field incorrectly or incompletely, they will receive an error message from the Service Provider.)
The Service Provider bears no responsibility for delays in delivery or other problems or errors resulting from incorrect and/or inaccurate data provided by the Client.
The Client can place the selected products in their cart using the “Add to Cart” button on the detailed product information page of each product.
The contents of the Cart can be viewed and modified by clicking on the cart icon on the right side of the Website, where the desired quantity of each product can be specified, and the contents of the Cart can be deleted (“Remove”).
Once the Client has finalized the contents of the Cart, they can proceed to checkout by clicking on the “Checkout” button, where they need to log in to the Website or register to place their order. They can then choose from delivery methods and provide billing and shipping information.
After providing all necessary information and selecting the delivery method, clicking the “Continue” button allows the Client to choose the payment method for their order.
After choosing the payment method, clicking the “Payment” button brings up a summary page where the Client can review their order details before submitting it, modify the billing and shipping address, choose the payment and shipping method, and add comments to their order.
The order is placed by clicking the “Place Order” button, which creates a payment obligation for the Client.
4. CORRECTION OF DATA ENTRY ERRORS
4.1. The Client has the opportunity to correct data entry errors at any stage of the order process and before submitting the order to the Service Provider in the webshop on the order interface (e.g., deleting a product from the cart by clicking on “Remove”).
5. BINDING OFFER, ORDER CONFIRMATION
5.1. The Service Provider confirms the receipt of the Client’s order without delay, via an automatic acknowledgment email within 48 hours, which includes:
- The data provided by the Client during the purchase or registration (e.g., billing and shipping information),
- The order identifier,
- The order date,
- A list of items ordered, their quantity, the price of the product,
- Shipping costs,
- And the total amount payable.
This acknowledgment email only informs the Client that their order has been received by the Service Provider.
5.2. The Client is exempt from the binding offer if they do not receive a separate acceptance email from the Service Provider for their sent order within 48 hours.
5.3. If the Client has already sent their order to the Service Provider and notices an error in the received acknowledgment email regarding the provided data, they must notify the Service Provider within 1 day to avoid fulfilling an erroneous order.
5.4. The order is considered a contract concluded electronically, to which the Act V of 2013 on the Civil Code, the Act CVIII of 2001 on certain aspects of electronic commerce services and information society services, and the Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses apply.
The contract is subject to Government Decree 45/2014 (II.26.) on the detailed rules of 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.
The contract is concluded when the Service Provider sends a separate acceptance email confirming the order (Order Confirmation) to the Client regarding their order sent via the Website.
6. PAYMENT METHODS
6.1. Bank Transfer: If the Client has chosen bank transfer as the payment method, the amount due must be transferred to the bank account number indicated in the acknowledgment email within 3 days from the date of the order confirmation. The ordered product will be shipped after the amount is credited to the Service Provider’s bank account.
6.2. Online Payment: The Service Provider enables the Client to pay the purchase price of the product ordered on the Website using online payment methods (e.g., credit card payment). Online payments are processed by a third-party payment service provider. The security check of the online payment transaction takes a minimum of 24 hours, and the product can only be received after that.
6.3. Cash on Delivery: The Client can choose cash on delivery as a payment method, paying the courier in cash upon receipt of the product.
6.4. Personal Pickup: If the Client chooses personal pickup, they can pay for the product in cash or by credit card at the Service Provider’s premises.
7. DELIVERY AND SHIPPING TERMS
7.1. The Service Provider delivers the ordered products to the Client using its own or contracted courier service. The Client can choose from available delivery options during the order process.
7.2. The Service Provider undertakes to deliver the ordered product to the Client’s address provided during the order process within 5-7 business days from the confirmation of the order, unless otherwise agreed between the Parties. If the Service Provider cannot meet the delivery deadline, it will notify the Client immediately and provide the expected delivery time.
7.3. The Service Provider is not responsible for any delays or damages caused by the courier service.
7.4. Shipping costs are borne by the Client, which will be indicated during the order process and included in the total amount payable.
8. WARRANTY
8.1. Mandatory Warranty
8.1.1. The Service Provider is obliged to provide a warranty for its products in accordance with the Civil Code and Government Decree 151/2003 (IX. 22), which means that during the warranty period, the Service Provider is only exempt from liability if it proves that the defect is due to improper use of the product.
8.1.2. The warranty period (warranty time) begins with the actual performance, i.e., with the transfer of the product to the Customer, or if the installation is performed by the Service Provider or its agent, from the date of installation.
The products listed in the annex of Government Decree 151/2003 (IX. 22) regarding mandatory warranties for certain durable consumer goods are considered durable consumer goods, for which the law prescribes a one-year mandatory warranty period. The regulation applies only to new consumer contracts concluded in Hungary and to products listed in the annex of the regulation.
A defect is not covered by the warranty if the cause arose after the product was delivered to the Customer, for example, if the defect is caused by
- improper installation (except if the installation was performed by the Service Provider or its agent, or if the improper installation is due to an error in the operating manual)
- improper use, neglect of the instructions in the operating manual
- incorrect storage, incorrect handling, or damage.
In case of a defect covered by warranty, the Customer:
- primarily – at their choice – may demand repair or replacement, except if the fulfillment of the selected warranty claim is impossible, or if it would result in an unreasonable additional cost for the Service Provider compared to fulfilling the other warranty claim, taking into account the value of the product in flawless condition, the seriousness of the breach, and the damage caused to the Customer by fulfilling the warranty claim.
- if the Service Provider has not undertaken the repair or replacement, does not meet this obligation within the appropriate deadline, and does not act in the best interest of the Consumer, or if the Customer’s interest in repair or replacement has ceased, the Customer may – at their choice – request a proportional reduction of the purchase price, may repair the defect at the Service Provider’s expense, or have it repaired by another party, or may withdraw from the contract. Withdrawal is not applicable for insignificant defects.
If the Customer claims a replacement within three working days from the purchase (installation) due to the product’s defect, the Service Provider is obliged to replace the product, provided that the defect hinders proper use.
The repair or replacement must be carried out within a reasonable time, taking into account the product’s properties and the expected purpose from the Customer’s perspective. The Service Provider must strive to complete the repair or replacement within fifteen days.
Only new parts may be installed during the repair.
The time spent on repairs does not count toward the warranty period during which the Customer cannot use the product as intended. The warranty period restarts for the replaced (repaired) product (part) and regarding any defects that arise as a consequence of the repair.
8.1.3. The costs related to the fulfillment of the warranty obligation shall be borne by the Service Provider.
8.1.4. The Service Provider is exempt from warranty obligations only if it proves that the cause of the defect arose after performance.
8.1.5. However, the Customer does not have the right to simultaneously assert claims for warranty and guarantee regarding the same defect. Regardless of these limitations, the Customer is entitled to the rights arising from the warranty independently of the rights specified in points 9.1 and 9.2.
8.1.6. The warranty does not affect the Customer’s rights arising from the law – particularly warranty and product warranty, as well as compensation claims.
8.1.7. If a legal dispute arises between the parties that cannot be settled amicably, the Customer may initiate a mediation procedure based on the details provided in point 12.2.
8.2. Voluntary Warranty
8.2.1. The Service Provider undertakes a warranty (guarantee) for the products it sells for the duration specified on the Website in the Product description, which may be longer than the duration stipulated by the government decree. The Service Provider shall communicate the warranty duration for each product at the latest upon the Customer’s receipt of the product via the guarantee card (warranty card).
9. GUARANTEE
9.1. Warranty
9.1.1. In case of faulty performance by the Service Provider, the Customer may assert a warranty claim against the Service Provider. In the case of a consumer contract, the Customer can assert their warranty claims within a 2-year limitation period from the time of receipt for product defects that existed at the time of delivery. Beyond the two-year limitation period, the Customer can no longer enforce their warranty rights.
9.1.2. In the case of a non-consumer contract, the entitled party may assert their warranty claims within a 1-year limitation period from the time of receipt.
9.1.3. The Customer may request repair or replacement at their discretion, except if fulfilling the Customer’s selected demand is impossible or would cause an unreasonable additional cost to the Service Provider compared to fulfilling another claim.
If the Customer did not or could not request repair or replacement, they may request a proportional reduction of the compensation or may also repair the defect at the Service Provider’s expense or have it repaired by someone else, or in extreme cases, withdraw from the contract. Withdrawal is not applicable for insignificant defects.
9.1.4. The Customer may switch from the chosen warranty right to another, but must bear the cost of the switch, unless it was justified or the Service Provider caused it.
9.1.5. The Customer must report the defect immediately after discovery, but no later than two months from the discovery of the defect.
9.1.6. The Customer can enforce their warranty claim directly against the Service Provider.
9.1.7. Within six months from the fulfillment of the contract, the enforcement of the warranty claim does not have any other conditions besides notifying about the defect if the Customer proves that they purchased the product from the Service Provider (by presenting an invoice or a copy of the invoice).
In this case, the Service Provider is only exempt from liability if it disproves this presumption, i.e., proves that the defect arose after the product was delivered to the Customer. If the Service Provider can prove that the defect was caused by a fault attributable to the Customer, it is not obliged to satisfy the warranty claim.
However, after six months from the performance, the Customer must prove that the defect they recognized existed at the time of performance.
9.1.8. If the Customer asserts their warranty claim concerning a separable part of the product regarding the indicated defect, the warranty claim does not count as enforced for the other parts of the product.
9.2. Product Warranty
9.2.1. In the case of a defect in the product (movable item), the Customer, classified as a consumer, may choose to enforce either the warranty right defined in point 9.1 or a product warranty claim.
9.2.2. However, the Customer does not have the right to simultaneously assert warranty and product warranty claims for the same defect.
If the product warranty claim is successful, the Customer can enforce their warranty claim against the manufacturer concerning the replaced product or repaired part.
9.2.3. As a product warranty claim, the Customer may only request the repair or replacement of the defective product. The Customer must prove the defect when enforcing the product warranty claim.
9.2.4. A product is considered defective if it does not meet the quality requirements in force at the time of its introduction to the market or if it does not have the properties specified in the manufacturer’s description.
9.2.5. The Customer may enforce their product warranty claim within two years from the date of the product’s market introduction by the manufacturer. After this deadline, the Customer loses this right. The Customer must notify the manufacturer of the defect without delay after discovering it.
A defect reported within two months of its discovery is to be considered as reported without delay. The Consumer is responsible for damages resulting from the delay in notification.
9.2.6. The Customer can exercise their product warranty claim against the manufacturer or distributor (Service Provider) of the movable item.
9.2.7. Under the Civil Code, the manufacturer is considered the producer and distributor of the product.
9.2.8. The manufacturer or distributor (Service Provider) is only exempt from product warranty obligations if they can prove that:
- the product was not manufactured or marketed in the course of business, or
- the defect was not detectable according to the state of science and technology at the time of market introduction, or
- the defect of the product arises from the application of a legal regulation or mandatory authority regulation.
9.2.9. The manufacturer or distributor (Service Provider) must prove at least one of these reasons for exemption.
10. LIABILITY
10.1. The information on the Website has been posted in good faith; however, it is for informational purposes only, and the Service Provider does not assume responsibility for the accuracy or completeness of the information.
10.2. The Customer may use the Website solely at their own risk and agrees that the Service Provider is not liable for any material and non-material damages arising during use, beyond liability for intentional wrongdoing, gross negligence, or criminal acts, and for contractual breaches affecting life, physical integrity, or health.
10.3. In the case of a product defect, the Service Provider shall only be liable for damage caused to the Customer by the defective product if the Customer proves that the damage is the result of an event that occurred in connection with the Service Provider’s activities, and the damage would not have occurred had the product been defect-free.
10.4. The liability of the Service Provider is limited to the amount of the price of the product subject to the legal dispute.
10.5. The Customer is obliged to report the damages immediately, no later than 24 hours after the occurrence of the damage.
10.6. The Service Provider is not liable for any damages arising from the Customer’s improper use of the product or the improper installation of the product.
11. FORCE MAJEURE
11.1. The Service Provider shall not be liable for damages or delays in fulfilling its obligations if they can prove that the cause of non-fulfillment was an event beyond their reasonable control, including but not limited to war, terrorism, natural disasters, floods, fires, strikes, and government actions.
12. MEDIATION AND DISPUTE RESOLUTION
12.1. The parties agree to seek an amicable solution to any disputes arising from the contract.
12.2. If an amicable solution cannot be reached, the Customer may initiate a mediation process under the relevant laws and procedures.