GENERAL CONTRACT CONDITIONS 

 

VALID from April 1, 2020

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The Purchasing Terms and Conditions below are meant to unitary and detailed regulation of conditions of the legal relationship between the company specified in Article 11 and its contractual consumer partner(s) involved in the purchase of the product defined in Article 2 of the Purchasing Conditions. Also, they refer to the Decree of Government 45/2014 (II.26) (below ’’the Decree’’) on the details of regulations of creating contracts between a company and a consumer - and inform consumers before signing of the contract.

 

According to Section II, § (6) of the Decree, the Terms of Purchase are part of the contract.

1. Concepts

In applying the Terms of Purchase the following terms are used:

1. the ’’consumer’’: is a natural person who proceeds outside his/her profession, occupation or business activity.

2. the ’’consumer legal disputes’’: cases of dispute related to product quality, to its safety, to the application of product liability rules, quality of service, signing and completion of the contract by the contracting Parties.

3. the ’’consumer contract’’: the contract made between a consumer and a business

4. the ’’warranty’’: mandatory warranty defined according to Law V./2013 on Civil Code (hereinafter  referred to as the ’’CivilCode’’ =’’Ptk’’Hu) and according to the definiton of warranty for consumer contracts.

5. the ’’ remote contract’’ contract made between Parties not present: it is a consumer contract made inside of a remote sale system organized for purchasing a product or a service without simultaneous physical  presence of the Parties. As such, the Parties involved use exclusively means of remote communication so as to be able to conclude the contract document.

6. the ’’means of remote communication’’: it is a means that makes a contractual statement possible in order to allow the making of a contract even in the physical absence of the Parties involved. Such means can be printed forms without the name of the addressee, or unaddressed ones, the standard form of a letter, an advertisement published in the press with a Sheet of Order, a Catalogue, a telephone, a fax device and the means of accessing the  internet.

7. the ’’product’’: a movable item as defined in Art 2. of these Terms and Conditions of Purchase

8. the ’’undertaking’’: any legal person as defined in Article 11 who/which carries out a business.

 

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1. The Product under contract

The dried fruit, the jam, and the tea chosen by the consumer on the website of the company, plus other auxiliary products, and supply items,  about the essential features of which the consumer is being made aware of while making his/her choice on our website  and finalizing purchasing order.

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3, Our prices

The prices shown are individual tax free (VAT 0%)

Prices shown do not contain in the  transportaion costs given in details at Art. 7. 

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      4   Procedure of placing the order

       The purchase is subject to registration.  After logging in, you can access the website using your e-mail address and password. Choose the products and add them to the CART? kosár.  Log in to the website with the help of your e-mail address and password. Choose the delivery date, the method of payment and give your delivery and invoicing address. Delivery times may vary depending on delivery addresses.

At the time of purchase one can any time modify the order or correct errors, misspellings occured during electronic recording of data (type of product, its quantity, personal data, delivery address and so on). In the end, please double check all data provided and click the ’’BUY’’ button. 

Our system automatically confirms all the information about your order and sends confirmation to you onto the e-mail address you have provided. Your order is being stored under the order number we send you in our confirmation of order. Our contract becomes valid, with the behaviour implied, and based on the confirmation we provide.

According to Ptk (Civil Code) 6:7. § (3) the contract made this way is qualified as being a busy /written contract. 

The language of contract is Hungarian. 

The contract is being stored in the online system of the company and it will be accessible further on. Also, a copy will be sent onto your e-mail address.

 

5. Method and conditions of cancelling the order 

You can change your order anytime. Just write to: sales@panyolium.hu

Please refer to the reference number of the contract sent to you in our confirmation e-mail.

 

6. Restrictions on using the product / service

None

 

7. Transportation

a) delivery costs: all over the country (VAT included)

Purchase over 10 000 HuF: free delivery. 

Purchase under 10 000 HuF: to pay 1500 HuF.

b) new delivery date

In case home delivery fails, our staff, after being notified by the carrier company, will try to contact you for a new delivery hand-over date. We are going to try delivery on the new date agreed. If we fail in contacting you and no new date is agreed upon, our contract will be considered as being terminated.  If the purchase price has already been paid, a refund will be done onto the previously provided current account number.

In case our carrier company fails in delivering the product onto your address, at the time given, for the third time, the order will be considered as being null and void.

 

8 Complaints related to order, delivery and cancellation

1. Objections to transportation

We are fully responsible for your delivery until that has been handed in to you. Faulty or damaged goods will be exchanged in 5 working days or replaced on our expense.

If, due to wrong transportation or to damage caused by transportation, according to article c) below, you cancel the order, we refund you the amount previously paid for the product(s), in accordance with provisions of article c). 

After takeover of the product(s) we are not able to accept any complaint on transportation.

1. Complaint handling

Please send your order and delivery complaints, if any, onto our e-mail address below:                          info@panyolium.hu 

and our meaningful response will reach you in 30 days at the latest.

Supervisory authority: The Notary of the Panyola Local Council.

In order to settle a consumer legal dispute out of court procedure, you have the right 

to turn to a conciliation body and try to reach an agreement. 

That way you will get consumer rights enforced more easily, quickly, efficiently and cost-effectively. 

The competent conciliation body for this procedure is esteblished according to your permanent residence  or temporary domicile or, if those do not exist, on the location of the company involved in the consumer dispute or the body authorized to represent it.

The name and address of the conciliation body competent according to location of the undertaking is: 

Szabolcs-Szatmár-Bereg Megyei Békéltető Testület (Conciliation Board of  Szabolcs-Szatmár-Bereg County) 4400 Nyíregyháza, Széchenyi u 2.

Please note that the undertaking mentioned in Art 11. does not have a code of conduct under the Unfair Commercial Practices Act

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1. Consumer’s right of withdrawal

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1. Time limit and manner of exercising the right of withdrawal

You have the right to withdraw from this contract without  any justification within 14 days.

Withdrawal period expires 14 days following the day of product takeover by you, or by the person appointed by you, who is not the carrier company staff; or, in case of a multi-item product it will refer to the day of handing in of the last item.

If you wish to exercise your right of withdrawal, you should send your clear statement on your intention of withdrawal by mail, fax or electronically to: 

the postal address: Móricz István e. v. 4913 Panyola, Mezővég u 35 or,

to the e-mail address: info@panyolium.hu

You may use the withdrawal form set out in Annex 2 of the Government Decree. 

In case of intention of cancelling the contract, please fill in a clear statement and send it to one of the addresses above with the following content:

’’Consignee: (name of undertaking, its postal address and – if available- its phone number, fax number, electronic address)

I/We the undersigned hereby declare to exercise my/our right of withdrawal in respect of the  contract of sale/purchase of the following product(s): (here the product(s) that is/are object(s) of the contract should be mentioned)

Date of receipt:

Name(s) of consumer(s):

Address of consumer(s):

Signature(s) of consumer(s) (exclusively in case of statement made on paper)

Dated:’’

You will exercise your right of withdrawal in due time if you send your statement of withdrawal within the above given deadline. Also, you may exercise your right of withdrawal between the contract signing date and the date of receiving the product. 

1. Legal effects of withdrawal

In case of withdrawal from contract we immediately, but not later than 14 days following the receipt of your notice of withdrawal, reimburse you all previous payments on the matter, including transport costs too (those do not include extra costs due to your option for a transportation means that is more expensive than the cheapest one we offered in the original transaction). While reimbursing we apply the payment method used in the original transaction except for if you have expressly agreed on another method of payment; in case of the latter you will not have any additional costs for such a refund method.

The refund can be withhold until we have received the returned product or you have confirmed its return: the earlier of the two dates should be taken into account. 

You are obliged to return or to hand over the goods to us or to the person (if any) authorized to receive the goods (insert the person’s name and postal address here) without delay. 

That should be done not later than in 14 days after notification of withdrawal statement. That deadline is considered to be met if the product is sent before the 14-day-deadline.

You will bear the complete costs of returning the goods.

1. Exclusion of right of withdrawal

You may not exercise the right of withdrawal if the product cannot be returned for health protection and/or hygiene reasons and if after the handover the product packaging has been opneed.

 

9. Information on supply quality warranty, on product warranty and on guarantee.

a) in what circumstances are you allowed to exercise your right to supply quality warranty?

In case the undertaking specified in Art 11. has failed in performing its obligations, you may assert a claim for supply quality warranty  against it in accordance with the rules of the Civil Code. 

What rights does your supply quality warranty claim involve?

You can request a repair or a replacement unless that would be impossible or would involve exagerated extra costs compared to other/different requests of yours. If you haven’t requested any repair or replacement, respectively you could not have done that, you may ask for proportional reduction of payment or, eventually, you could also repair the defect, or have it repaired at the expense of the undertaking; or as a final solution you may withdraw from the contract. You may switch from your supply quality warranty right to another one but only at your expense unless the switch has been justified and caused by the undertaking. What is the time limit for you to enforce your supply quality warranty claim?

Any defect must be reported immediately, as soon as discovered, not later than two months following discovery. Also, your supply warranty right may not be exercised beyond  the two-year limitation period after completion of contract.

Against whom can your supply quality warranty right be exercised? 

Your supply quality warranty claim can be enforced against the undertaking involved.

What other conditions are there for enforcing your supply quality warranty claims?

In a period of six months following completion of contract there is no other condition for being able to enforce your claim for supply quality warranty  than announcing the occurance of a defect - but you should prove that the product has been provided by the undertaking specified in Art.11.

Six months after completion however it is you who has to prove that the error you discovered already had existed at the time of completion.

b) Product Warranty

In what cases can your product warranty right be exercised?

In case of defect of a movable thing (product) you may, at your option, assert your right  specified in Art 1. or your product warranty right.

What rights does your product warranty right claim provide you with?

Based on your product warranty right you can only claim repairment of the faulty product or its replacement.

In what cases is a product considered to be faulty? 

The product is faulty when it does not comply with the quality requirements valid at the time of sale or if it does not provide the features given by the description provided by the manufacturer.

What is the deadline for you to enforce your product warranty claim?

 You can assert your product warranty claim within two years following the sale of the product. After that this right is lost. 

Against whom and under what conditions can be your product warranty claim asserted?

You can only make a product warranty claim against the manufacturer or the distributor of the movable item. When making a product warranty claim, you should prove the defect of the product.

In which cases does the manufacturer (distributor) is released from obligation of product warranty if he/she can prove that:

• the product was not manufactured or marketed during his/her running of business, or

• the defect was not identifiable based on currently existing scientific and technical knowledge and at the time of sale, or

• the defect comes from applying of legislation or of a mandatory official procedure

To be released from his/her obligation, the manufacturer should only prove one of those above.

Please note that you cannot enforce a warranty claim for supply and for a product at the same time.

However, in case of a succesful enforcement of a product warranty claim, you can enforce your supply quality warranty claim versus the manufacturer referring to a replaced product or to a repaired part of it.

1. Guarantee

Considering the specifity of our products we do not offer any guarantee.

 

10.  Terms of payment

 

a) presently your invoice can only be paid cash

b) cash on delivery

c) PayPal system

11. Duration of contract, the person representing the undertaking

According to Civil Code § 6:3. a) the contract is considered to be terminated when services have mutually been performed.

The person representing the undertaking: István Mórucz e.v.

Location: 4913 Panyola, Mezővég u 35

Tax reg nr: 74487769-1-35

E-mail: info@panyolium.hu