Terms and Conditions

TERMS AND CONDITIONS AND CUSTOMER INFORMATION

The order will be accepted by the Service Provider via the webshop only if the Customer correctly enters all the data required for the order. The Service Provider shall not be liable for any delivery delays or other problems or errors resulting from incorrect and/or inaccurate order data provided by the Customer.

If you have any questions regarding the operation of the webshop, ordering and delivery process, please contact us at info@wineglass-communication.

Your order will normally take effect when confirmed by e-mail or telephone.

The consumer contract concluded between the Service Provider and the customer via this webshop (subject to Government Regulation 45/2014 (II.26) “Contracts concluded off-premises or between persons not in a business relationship”) is not considered a written contract and will not be filed, and cannot be retrieved or accessed on paper.  

 

  

1. CHAPTER

Wineglass Communication Kft.
Székhely és postacím: 1118 Budapest, Rahó u. 24A 2/9
Adószám: 13842035-2-43
Cj.: 01-09-876085

Ügyfélszolgálat email: info@wineglass-communication.hu 

Legal information according to the Government Decree 45/2014 (II.26.) “on contracts between the Service Provider and the Consumer”

A)

The services of the webshop “wineglass-communication.hu” are provided by the following company:

“Wineglass Communication Kft.

Place of business and postal address: 1118 Budapest, Rahó u. 24A 2/9

Tax number: 13842035-2-43

CR.: 01-09-876085

Customer service email: info@wineglass-communication.hu  

 

Online credit card payments are made through the Barion system. Credit card details are not passed to the merchant. The service provider Barion Payment Ltd. is an institution supervised by the National Bank of Hungary, licence number H-EN-I-1064/2013.   

B)

The recipients of the service are: private individuals who are considered “consumers” according to Government Decree 45/2014 (II.26) and according to Section 8:1(1)3 of Act V of 2013 (new Civil Code) (in this interpretation, consumer means a natural person acting outside the scope of his/her profession, self-employment or business activity).

For the purposes of this Interpretation, the Consumer may also be referred to hereinafter as the “Buyer” and the Supplier and the Consumer may be referred to collectively as the “Parties”. 

 

Government Decree No.4.§ 10. Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties within the framework of a distance sales system organised for the provision of the goods or services covered by the contract, where the parties use a means of communication which allows communication only at a distance.  

Government Decree No.4.§ 14. Off-premises contract: a consumer contract,

(a) concluded with the simultaneous physical presence of the parties to the contract at a place other than the place of business of the undertaking;

(b) for which the consumer has made an offer to the trader in the circumstances set out in point (a);

(c) which was concluded on the business premises of the undertaking or by means of a means of distance communication immediately after the undertaking, with the simultaneous physical presence of the parties, has made personal and individual contact with the consumer at a place other than the business premises of the undertaking; or

(d) concluded during a journey organised by the undertaking for the purpose of selling or promoting the goods or services to the consumer;

This website is considered a “means of communication at a distance” according to § 4.11. of the Government Decree.

Consumer prices are gross prices (including VAT). The total amount is made up of the total price of the products and the delivery charge. The Consumer enters into a purchase contract with the Service Provider by clicking on the ORDER button on the website after having created a “shopping cart”. The Service Provider will inform the Consumer by e-mail (Article 4.9 of the Government Regulation) of the creation of the obligation.  

We need to record our customers’ billing information and delivery address in order to enable the purchase of products from this online store.

The rules for data processing during order processing are set out in our data processing statement based on the Infoact CXII of 2011. 

DATA MANAGEMENT INFORMATION

C)

Website Technical Operation:

With regard to point h) of § 4 of the 2001:CVIII. act, we inform our customers that our webshop is operated by MediaCenter Hungary Ltd. as a web hosting provider (registered office and postal address: 6000 Kecskemét, Sosztakovics Str. 3. II/6., 6001 Kecskemét, PB. 588., tel.: +36 21 201 0505, email: mediacenter@mediacenter.hu). The order data recorded in the webshop are therefore stored locally in Hungary.

D)

The following delivery information applies to all products ordered.

In the case of cash on delivery or bank transfer or online payment by credit card, the Supplier is obliged to deliver the products selected by the Customer on the Order Form to the delivery address indicated on the Order Form by courier service as soon as the payment is received by the Supplier’s account. In the event of any impediment to the fulfilment of the order, the Service Provider shall contact the Customer immediately by e-mail or telephone to arrange for further action.

The Customer shall be obliged to accept the products indicated on the Order Form sent by him and delivered by the Service Provider to the address indicated, and to pay the purchase price indicated on the confirmation sent by the Service Provider – which includes the packaging and delivery costs of the products and VAT – in cash to the delivery agent or in advance by bank transfer or online payment by credit card.    

The ordered product(s) will be delivered by FoxPost Ltd. as a parcel to the specified delivery address. Delivery can be made by using the parcel service of FoxPost Zrt. on working days between 08.00 and 16.00, the cost of which is based on the current rates of courier services.

Delivery charges include VAT.

Wineglass Communication Ltd. reserves the right to use a courier service other than the above-mentioned ones on a case-by-case basis. 

 

E)

On this website, prices are displayed in HUF currency in accordance with § 14(4) and (5) of the 1997:CLV. ConsProtAct and Joint Decree 4/2009.(I.30.) NFGM-SZMM, the webshop indicates the prices. Products are always sold at the consumer price indicated at the time of ordering.

The Service Provider reserves the right to change the prices of its products on a case-by-case basis, which is not retroactive. Likewise, the purchase price of the products will not change for the consumer in the period between the placing of the order and the receipt of the goods.

Payment options:

1. By credit card:
   I acknowledge that the following personal data stored by the data controller in the user database of https://wineglass-communication.hu/ will be transferred to Barion Payment Inc. as data processor. The following data will be transferred by the data controller: name, e-mail address, address, billing data and shipping data.
2. By bank transfer to the bank account of Wineglass Communication Ltd.

F)

The present information and the product descriptions on the website are subject to § 11 of the Government Decree.

The consumer indicates his/her request for performance at the moment of clicking on the order button on the website (or when ordering by telephone), i.e. he/she requests “immediate” performance (§ 13 and § 19 of the Government Regulation).

The Order process:

Registration is not required to place an order.

Next to our products you will find a description of our products and the price, including VAT.

If you would like to buy/order a product, you can request to virtually add the product to the ordering web shopping cart by clicking on the [ADD TO CART] button below the product. You can set the number of items you wish to order in the BASKET window. You can also choose to empty the basket completely.

You can keep track of the contents of your shopping basket, including the total amount of your products, in the BASKET menu. When you have collected everything you want to buy, press the button “GO TO BASKET” and then “SEND ORDER”.

To complete your purchase, you will need to fill in the requested billing and shipping details.

Your order will be confirmed within 48 hours by e-mail to the e-mail address you have provided. Please always wait for the confirmation! Our staff will check your order and will send you a confirmation of the status of the products, the delivery date and any shipping costs. If you do not receive the confirmation within the given deadline, you are not obliged to purchase the product or use the service.

The ordered product(s) will be sent by FoxPost Zrt. as parcel post to the specified delivery address. Delivery can be made on working days between 08.00 and 16.00. For detailed information on delivery, please refer to section D) of our information leaflet.

ATTENTION : Please ask for delivery to a place where there is always someone present who is aware of the arrival of the parcel.

You will find the invoice including the delivery charge in the parcel.

We wish you a pleasant purchase experience!

G)

Pursuant to Article 20 (2) b) of the Government Regulation, the Consumer may terminate the contract by sending an email to info@wineglass-communication.hu within 14 calendar days of the order, in accordance with Article 4.9. of the Government Regulation.

Model withdrawal notice:

—

Addressee:

I/we hereby declare that I/we exercise my/our right of withdrawal from the following service

contract for the provision of the service:
………………………………………………..
Date of conclusion of contract / date of receipt:

Name of the consumer(s):

Address of the consumer(s):

Dated

—

RIGHT OF WITHDRAWAL IN PRACTICE:

You must notify your request for withdrawal by e-mail, in person or by telephone.

ATTENTION!

In the case of Article 29 of the Government Decree – in particular § a) and d) – the consumer may not exercise his right of withdrawal if he has placed his order on this website, the Supplier has already DELIVERED THE ITEMS CORRESPONDING TO THE ORDER in time and content, but the consumer does not wish to take delivery of the order. In these cases, the Government Regulation does not oblige the Supplier to return the products or to refund the fees.

The right of withdrawal does not apply to products damaged after receipt (at the buyer’s premises).

In the case of items that have already been delivered but are defective (incorrectly assembled or damaged during delivery), the Service Provider shall undertake to return the goods in connection with the fulfilment of warranty/warranty claims (§ 24 of the Government Act).

If the product is found to be damaged after opening in the presence of the courier and the damage occurred before the goods were received, the product may be replaced within 14 days. In this case, you can prove the damage by a report taken by the courier.

In the event that the buyer has opened the wine and the reason for the claim has not been clarified, Wineglass Communication Ltd. will not accept the return of the product and will return it to the buyer at the buyer’s expense.

THE WAY FEES ARE REFUNDED:

We will refund you immediately upon return of the goods in person. If you return the goods by post or courier, we will usually refund the amount to the bank account provided by the customer within 5 working days of receipt of the goods (but no later than 30 days after cancellation).

If you cancel your order (withdraw from the purchase) before or within 14 days after the delivery of the product and you have paid the price of the wines in advance by bank transfer, we will credit the amount of the goods back to your bank account, or, if you pay by credit card, we will credit the transaction.

If Wineglass Communication Ltd. fails to fulfil its contractual obligations because it does not have the product specified in the contract or is unable to provide the service ordered, it will immediately inform the consumer and refund the amount paid by the Customer without delay, but within 30 days at the latest.   

GENERAL PRINCIPLES OF GUARANTEE AND WARRANTY

We market our products with the warranty conditions provided by the manufacturers in accordance with the Consumer Protection Act.

The detailed principles of the accessory warranty, product warranty and guarantee are set out in Annex 1 to this leaflet (scroll down to the last section of this leaflet).

As a general principle, the following cases ensue exclusions of warranty:

Please check the integrity of the parcel before delivery (in the presence of the deliverer). If you see any damage, make a report and do not take the parcel. If the parcel is physically damaged, we cannot accept any subsequent complaints without a report.

We are unable to honour the warranty in the following cases:  

* if, after signing a document certifying that the product has been received intact, the customer claims that the product has an external defect.

1. H) Claims for warranty of accessories or product warranty pursuant to Act V of 2013 (Civil Code, § 6:159 – § 6:174) may only be asserted after receipt of the items received, a) by mutual agreement, b) by conciliation or c) by civil law proceedings.

The condition for filing a warranty claim: if the items (products) received are unusable (manufacturing defects or defective in transit) and the Supplier or Distributor can be clearly held liable in this respect.

Warranty and guarantee claims for accessories/products cannot be made at the same time.

The submission of a warranty or guarantee claim is not considered a consumer protection complaint pursuant to Decree 19/2014(IV.29) of the Ministry of National Economy regulations. According to the Regulation, to make a warranty claim, the consumer must prove the existence of the consumer contract by presenting the original VAT invoice. A record of the warranty claim must be made. The warranty procedure is described in detail in Article 4 of this Regulation.

Please note that according to Article 29 of Government Regulation 45/2014 (II.26), the Consumer may not exercise the right of withdrawal granted in Article 20 of Government Regulation 45/2014 (II.26) in the case of an order for a product that has been manufactured on the basis of the instructions of the Consumer or in accordance with his/her express request.

I)

Current text of key legislation available:

45/2014(II.26) Korm.r. http://njt.hu/cgi_bin/njt_doc.cgi?docid=167547.260043
2001:CVIII Ektv. http://njt.hu/cgi_bin/njt_doc.cgi?docid=57566.254495
2011:CXII Infotv. http://njt.hu/cgi_bin/njt_doc.cgi?docid=139257.262814
2013:V Ptk. http://njt.hu/cgi_bin/njt_doc.cgi?docid=159096.239298
19/2014(IV.29) NGM.r. http://njt.hu/cgi_bin/njt_doc.cgi?docid=168978.263277

Related legislation:

* Act CLV of 1997 on Consumer Protection

* Act CLXIV of 2005 on Trade.

* Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers.

* Act XLVIII of 2008 on the Basic Conditions and Certain Restrictions on Commercial Advertising

* Article 2(2) of Act LVI of 1995 on the Environmental Product Fee and the Environmental Product Fee for Certain Products

* Government Decree 210/2009 (IX.29.) on the conditions for carrying out commercial activities

* Joint Decree No 4/2009 (I.30.) NFGM-SZMM on the detailed rules for the indication of the selling price and unit price of products and the fees for services

* Decree No 10/1995 (IX. 28.) of the PPA on the implementation of Act LVI of 1995 on the environmental product charge and the environmental product charge for certain products

You can consult the full version of this legislation in force at www.njt.hu, in the National Legislative Directory.   

J)

Clause

14. a) In the case of consumer contracts (orders) concluded before 14.06.2014, the content of this Customer Information and the GTC shall be interpreted in accordance with Government Regulation 17/1999 (II.5).
15. b) The Service Provider shall be entitled to unilaterally amend the terms and conditions of this Purchase Information at any time. Any amendment shall enter into force at the same time as it is published on the website.
16. c) In cases not covered by this information, the legislation indicated in point J) shall apply, and Wineglass Communication Ltd. email and telephone customer service can provide further detailed information orally or in writing.  

CHAPTER 2014 NO 1. ANNEX 1

Information notice of the Government Decree 45/2014 (II.26) on the warranty of accessories, product warranty and guarantee

1. WARRANTY OF ACCESSORIES

– In which cases can you exercise your right to a warranty?

In the event of defective performance of the service, you can claim a warranty of convenience from the company in accordance with the provisions of § 6:159 – § 6:167 of Act V of 2013 (Civil Code).

– What rights do you have under a warranty claim?

You may, at your option, make the following claims:

You can ask for repair or replacement, unless the claim you have chosen is impossible or would impose disproportionate additional costs on the business compared to other claims. If you did not or could not ask for the repair or replacement, you can ask for a proportionate reduction in the price or you can have the defect repaired or replaced at the expense of the undertaking or, as a last resort, you can withdraw from the contract.

You can also transfer your right to a different warranty, but you will have to bear the cost of the transfer, unless it was justified or the business gave a reason for it.

– What is the time limit for your warranty claim?

You must notify us of a defect as soon as you discover it, but no later than two months after the defect is discovered. However, you should be aware that you cannot claim for a defect after the two-year limitation period from the date of performance of the contract.

– Who can you claim against?

You can claim your rights against the company.

– What are the other conditions for enforcing your rights?

Within six months from the date of performance, you can assert your rights to a claim under the guarantee of conformity on no other condition than that you have notified the defect, provided that you prove that the product or service was provided by Wineglass Communication Ltd. as the “undertaking”. However, after six months from the date of performance, you will have the burden of proving that the defect you have discovered existed at the time of performance.

1. PRODUCT WARRANTY (Civil Code 6:168.§ – 6:170.§)

– In which cases can you exercise your right to a product guarantee?

In the event of a defect in a movable item (product), you may, at your option, exercise your right under point 1 or make a product warranty claim.

– What rights do you have under your product warranty claim?

As a product warranty claim, you can only ask for the defective product to be repaired or replaced.

– In which cases is the product defective?

A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.

– What is the time limit for making a product warranty claim?

You have two years from the date on which the product was put on the market by the manufacturer to make a product warranty claim. After this period, you lose this right.

– Against whom and under what other conditions can you enforce your product warranty claim?

You can only enforce your product warranty claim against the manufacturer or distributor of the movable item. You have to prove that the product is defective in order to make a product warranty claim.

– In what circumstances is the manufacturer (distributor) exempted from its product warranty obligations?

The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:

– the product was not manufactured or put into circulation in the course of his business, or

– the defect was not detectable according to the state of science and technology at the time when the product was placed on the market, or

– the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority.

The manufacturer (distributor) need only prove one ground for exemption.

Please note that you cannot claim both a warranty for accessories and a product warranty for the same defect at the same time. However, if your product warranty claim is successful, you may pursue your accessories warranty claim against the manufacturer for the replaced product or repaired part.

1. WARRANTY (Civil Code 6:171.§ – 6:174.§)

Service providers are obliged to provide a guarantee in case of defective performance. The warranty period is 14 calendar days after receipt of the products.

Defective performance can be remedied by re-delivery of correctly assembled items. The consumer can also choose to refund the price of the items (the costs of the earlier delivery or re-delivery cannot be refunded by the service provider, because the delivery as a service is made upon receipt of the parcel).

The business is only released from its warranty obligation if it can prove that the cause of the defect occurred after the delivery – and after the supplier has left the consumer’s premises.

Please note that you may not make a warranty claim and a guarantee claim or a product warranty claim and a guarantee claim for the same defect at the same time, but that you are entitled to the rights arising from the guarantee irrespective of the rights set out in points 1 and 2.

 

Information valid from 01.11.2020.