When ordering services and goods through http://www.winehub.hu

(GTC) in force from 27.07.2022

1. Introduction

1.1 The present General Terms and Conditions (hereinafter referred to as “GTC”) apply to the services available on the website of WineHub Holding Ltd. (hereinafter referred to as “the Service Provider”) as the operator of http://www.winehub.hu (hereinafter referred to as “the website”) and the provider of the services available on the website (hereinafter referred to collectively as “online orders”).1.2 By using the website operated by the Service Provider or by making a purchase, you acknowledge that you are bound by the provisions of these GTC and you take note of and accept the provisions contained therein. 1.3 By submitting an online order to the Service Provider, you expressly request and consent to the conclusion of the contract by means of a telecommunication device via the Service Provider’s website. 1.4 You are informed that we are at your disposal in case of any questions regarding online orders and the delivery process at the contact details provided in these GTC.1.5 These GTC apply to legal relationships on the Service Provider’s website (http://www.winehub.hu) and its sub-domains, whereby Customer means a natural or legal person who is registered on the http://www.winehub.hu website interface or who places an order, who is capable of acting and is over 18 years of age (hereinafter referred to as Customer):

https://www.winehub.hu/altalanos-szerzodesi-feltetelek

Only persons over the age of 18 are entitled to use the website.

2. Details of the Service Provider

Company name: WineHub Holding Korlátolt Felelősségű Társaság Registered office: 1036 Budapest, Fényes Adolf utca 24-26. company registration number: 01-09-867419 Tax number: 13675811-2-41 Postal address, place of business: 1036 Budapest, Fényes Adolf utca 24-26 Registered office/court: Budapest Metropolitan Court of Justice

Licensing authority and registration number:

Belváros Lipótváros Budapest Capital V. district. Municipality Mayor’s Office – Industrial and Commercial Department Registration number: 13077/B/2020. Registration number: 13077/B/2020. Excise licence: HU11427103009

3. Concepts

Parties: the Service Provider and the Customer together Consumer: a natural person acting outside the scope of his/her profession, self-employment or business activity Consumer contract: a contract where one of the parties is a consumer Website: this website, which is used for the conclusion of the contract Contract: a sales contract between the Service Provider and the Customer concluded through the Website and electronic mail Remote communication device: a device that is suitable for making a contractual statement in the absence of the parties in order to conclude a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements with order forms published in the press, catalogues, telephones, faxes and Internet access devices . Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance selling scheme for the supply of the goods or services covered by the contract, where the parties use only a means of distance communication for the conclusion of the contract : any marketable movable property included in the offer of the Website and intended for sale on the Website and which is the subject of the Contract Business: a person acting in the course of his/her profession, self-employed occupation or business Buyer/s: a person who enters into a contract by making a purchase offer via the Website Warranty: In the case of contracts concluded between a consumer and a business (hereinafter referred to as “consumer contract”), the warranty under the Civil Code, a) for the performance of the contract, which the business voluntarily assumes for the proper performance of the contract, in addition to its statutory obligation or in the absence thereof, and, b) the statutory mandatory warranty

4. Relevant legislation

The Contract shall be governed by the provisions of Hungarian law, and in particular by the following laws:

  1. Act CLV of 2007 on Consumer Protection
  2. Act CVIII of 2007 on certain aspects of electronic commerce services and information society services
  3. Act V of 2007 on the Civil Code

151/2003. (IX.22.) kormányrendelet a tartós fogyasztási cikkekre vonatkozó kötelező jótállásról 45/2014. (II.26.) kormányrendelet a fogyasztó és a vállalkozás közötti szerződések részletes szabályairól 19/2014. (IV.29.) NGM rendelet a fogyasztó és vállalkozás közötti szerződés keretében eladott dolgokra vonatkozó szavatossági és jótállási igények intézésének eljárási szabályairól

  1. Act LXXVI of 2006 on Copyright
  2. Act CXII of 2007 on the Right to Informational Self-Determination and Freedom of Information

REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 concerning action against unjustified territorial restrictions of content and other forms of discrimination based on the nationality, residence or domicile of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2016 on the fight against unjustified territorial restrictions of content and other forms of discrimination based on nationality, residence or domicile of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation)

5. Purpose, scope and adoption of the GTC

5.1 These GTC contain the terms and conditions for the ordering, purchase, performance and use of the Services by the Customer through the Website operated by the Service Provider.2 The purpose of the GTC is to regulate the conclusion of the contract between the Customer and the Service Provider concerning the Services marketed via the Website, the terms and conditions, the rights and obligations of the Customer and us, the performance deadlines, the delivery and payment terms, the liability rules and the conditions for exercising the right of withdrawal, and to inform the consumer about the information relating to the conclusion of the contract, in accordance with the provisions of the Act No..) of the Government. 5.3 The technical information necessary for the use of the Website, which is not included in these GTC, is provided by other information available on the Website. 5.5 These Terms and Conditions and any amendments thereto shall enter into force upon their publication on the Website. The Service Provider reserves the right to unilaterally amend these Terms and Conditions, in whole or in part, at any time.

6. Language of the contract, form of the contract

6.1 The language of contracts covered by these GTC is Hungarian.6.2 Contracts covered by these GTC are not considered as written contracts, they are not registered by the Service Provider.

7. Prices

7.1 Prices are in HUF and include 27% VAT. Prices are indicative. The possibility that the Service Provider may change the prices for business policy reasons cannot be excluded. The modification of prices does not apply to contracts already concluded. If the Service Provider has indicated the price incorrectly, it shall proceed on the basis of the “Procedure for incorrect price” clause of the GTC in the case of contracts already concluded.

8. Copyright

8.1 Pursuant to Section 1 (1) of Act LXXVI of 1999 on Copyright (hereinafter: the Copyright Act), the Website is a copyright work, and therefore all parts of it are protected by copyright. The Copyright Act (Szjt. Pursuant to Article 16 (1) of the Website, the unauthorised use of the graphic and software solutions and computer program creations contained on the Website, as well as the use of any application that may be used to modify the Website or any part thereof, is prohibited. Any material from the website and its database may be reproduced, even with the written consent of the copyright holder, only with reference to the website and with acknowledgement of the source. 8.2 The images and descriptions used in our webshop are in some cases taken from the websites of manufacturers and distributors, which our partners have agreed to use only for the purpose of displaying them on this website.

9. Partial invalidity, code of conduct

9.1 If any provision of the GTC is legally incomplete, invalid or ineffective for any reason, the remaining provisions of the GTC shall remain valid and in force and the provisions of the applicable legislation shall apply in place of the invalid, ineffective or defective provision.9.2 The Service Provider does not have a code of conduct under the Unfair Commercial Practices Act.

10. Operation of digital content, technical protection measures

10.1 The availability of the servers providing the data displayed on the website is above 99.9% per year. Regular backups are made of the entire data content so that the original data content can be restored in the event of a problem. Sensitive data is stored with an appropriate level of encryption.

11. Information on the essential characteristics of the products

11.1 The essential characteristics of the products available for purchase on the Website are set out in the descriptions of each product.

12. Correction of data entry errors – Responsibility for the accuracy of the data provided

12.1 You will always have the opportunity to modify the data you have entered during the order process before finalizing the order (clicking the back button in the browser will open the previous page, so you can correct the data you have entered even if you have already moved to the next page). Please note that it is your responsibility to ensure that the data you have entered is accurate, as the product will be invoiced and shipped based on the data you have entered. By placing your order, you acknowledge that the Supplier is entitled to charge you for any damages and costs resulting from your incorrect data entry or inaccurate data. The Supplier excludes any liability for performance based on inaccurate data entry. Please note that an incorrectly entered e-mail address or a saturation of the storage space associated with the mailbox may result in non-delivery of the confirmation and may prevent the conclusion of the contract.

13. Procedure in case of incorrect price

13.1 Obviously misrepresented prices are: 13.1.1 a price of HUF 0, 13.1.2 a price reduced by a discount but incorrectly indicating the discount (e.g.: in the case of a HUF 1000 product, a product offered for HUF 500 with a 20% discount indicated).2 In the case of a misrepresentation of the price, the Service Provider shall offer the possibility of purchasing the product at the real price, in the knowledge of which the Customer may decide whether to order the product at the real price or to cancel the order without any adverse legal consequences.

14. Use of the Website

14.1.1.1 The Customer is entitled to use the Website and to place orders through it by means of registration and guest registration. 14.1.2 The Customer is free to decide whether or not to register on the Website, the provision of the data provided during registration is voluntary, their correctness can be checked at any time, the Customer is entitled to change incorrect data at any time. By clicking on each product, you will find a photo of the product, its description and price. 14.2.2 You will be charged the price indicated on the website. The Products are marked with an illustrated photograph. 14.2.3 The accessories and decorative elements shown in the photographs are not part of the product, unless specifically highlighted in the product description. Please note that we cannot be held responsible for any typographical errors or incorrect information! 14.3 Add to Cart 14.3.1 After selecting the Product, you may click on the “Add to Cart” button to add any number of Products to your cart without incurring any obligation to purchase or pay, as adding to cart does not constitute an offer.2 We recommend that you add a product to your shopping basket even if you are not sure whether you want to buy it, as this will allow you to see which products you have selected at the moment at a glance and to view and compare them on one screen. The contents of theShoppingCart can be freely modified until the order is finalised by clicking on the “Place Order” button, the products can be removed from the Shopping Cart, new products can be added to the Shopping Cart or the number of products can be changed. Here you can remove selected products from the basket or change the number of products in the basket. 14.4.2 If you do not wish to select any further products and add them to your shopping cart, you can continue shopping by clicking on the “Checkout” button. 14.5 Entering your customer details 14.5.1 After pressing the “Checkout” button, you can choose to place your order with your previous registration, without registration or with a new registration. Then, in the “Customer details” tab, you can enter the information required for the order (name, telephone number, delivery and billing address, e-mail address). In the “Delivery options” tab, you must select whether you wish to collect the ordered product in person (personal collection) or request delivery.

In the case of delivery, the system will indicate the delivery fee, which you are required to pay when you place an order. In the “Payment options” tab, you can choose how you wish to pay for your order. You can find information on payment methods in the “Payment options” section of the GTC.

14.5.2 The personal data provided through the Website will be processed by the Service Provider in accordance with the provisions of its separate privacy policy. The Service Provider does not process, record or store any payment-related data (e.g. bank account number) provided by the Customer in any way. With regard to the online payment services that may be selected in the context of payment on the Website, the data controllers are third-party service providers, whose respective privacy notices are available on the website of the respective third-party service provider.

14.5.3 The Service Provider’s Privacy Policy is available at www.winehub.hu/adatvedelem 14.6 Order overview 14.6.1 You can check the products in your shopping cart and the correctness of the data you have previously entered in the “Cart”module on the right-hand side of the Website. If you wish to make any changes to the data you have entered, you can do so in the data field on the corresponding tab. You can check your order in the “Cart” tab. The total will show the net price and quantity of the products. The net total is then the VAT content of the delivery charge and the gross total. Also here you have the possibility to indicate any information you would like to share with us about your order in the “Comments” section. By clicking on the “Place order and pay” button, you accept the information contained in the summary and agree that placing the order will entail payment. 14.6.2 Any subsequent modification of the order is only possible in writing by e-mail. You can send your request for modification to the following address: hello@winehub.hu 14.7 Finalisation of the order (offer) 14.7.1 If you are satisfied that the contents of the basket correspond to the products you wish to order and that your details are correct, you can complete your order by clicking on the “Place order and pay” button. The information provided on the website does not constitute an offer to enter into a contract on the part of the Supplier. For orders covered by these GTC, you are considered to be the Bidder. 14.7.2 By clicking on the “Place Order and Pay” button, you expressly acknowledge that your offer shall be deemed to have been made and that your declaration shall entail an obligation to pay in the event of confirmation by the Service Provider in accordance with these GTC. You are bound by your offer for a period of 48 hours. If your offer is not confirmed by the Service Provider within 48 hours in accordance with these GTC, you are released from your obligation to make an offer. 14.8 Order processing, conclusion of the contract, confirmation 14.8.1 You may place an order at any time. The Service Provider will confirm your offer by e-mail to the e-mail address you provided when placing the order no later than the working day following the day on which your offer is sent. The contract is concluded when the confirmation email sent by the Supplier becomes available to you in your mail system. 14.8.3 The product parameters (e.g. vintage) or prices in the order are those currently set by the system, but the Service Provider reserves the right to correct any incorrectly set price or other parameter in the order confirmation once an error is detected. 14.8.4 After the correction, the Service Provider shall immediately notify the Customer of the actual change, in the knowledge of which the Customer may decide to accept the modified parameters and price and maintain the order or cancel it without any further consequences.

15. Payment methods

15.1 The prices in the online shop are gross prices and include VAT, but do not include the cost of any beads (unless specifically indicated in the online shop) and delivery charges. 15.2 For details of the conditions for availing of discounts and promotions available on our Website, please refer to our relevant sub-pages. Please note that promotions and discounts available on our webshop cannot be combined unless the terms and conditions of the promotions specifically allow for this. Promotions on our webshop are valid until stocks last or are withdrawn. In some cases, the webshop system may not be able to handle discounts separately and the total amount of the invoice may need to be adjusted subsequently, of which you will be informed in writing. If you do not accept the corrected amount, you have the right to cancel your order. Our promotions are valid in all cases, subject to our current stock levels or until the promotion is withdrawn. 15.3 The Service Provider reserves the right to change the prices of the products that can be ordered from the Website, provided that the change will take effect at the same time as the change is posted on the Website. The change will not affect the purchase price of the products already ordered. Any increase or decrease in the price of a product during the period between placing the order and receiving the product shall not affect the total amount of the order.
The Service Provider reserves the right to offer the possibility of prepayment only for some orders, in whole or in part, and shall notify the Customer thereof by letter. OTP Bank is responsible for the processing of credit card transactions in our webshop. 15.4.2 For your security, we reserve the right to verify the identity of the person receiving the product on the spot. 15.4.3 You acknowledge that the following personal data stored by the Service Provider as the data controller in the user database of https://winehub.hu/ will be transferred to OTP Mobil Kft. as the data processor. The following data are transferred by the data controller: name, e-mail address, telephone number, address. The nature and purpose of the data processing activities carried out by the data processor can be found in the SimplePay Data Processing Information, at the following link: http://simplepay.hu/vasarlo-aff 15.5 Cash on delivery 15.5.1 If you wish to pay for the value of the order on receipt of the parcel, please choose the “Cash on delivery” payment method. In this case, you can settle the order value with the delivery person by cash or credit card.

16. Acceptance methods, acceptance fees

16.1 In our Webshop, you have the possibility to request your order by different pick-up and delivery methods. 16.2 Important! Despite our best efforts, it is possible that the parcel or its contents may be damaged or delivered incomplete during delivery, and in the case of personal delivery, it is also possible that the product ordered may be delivered by mistake. 16.3 Please ensure that the products are intact and of the correct quantity and quality when you receive the parcel or the products received in the presence of our colleague/handler/assigned delivery person/warehouse colleague/delivery person. Unfortunately, in the absence of an official report, we cannot be held liable for any shortage or damage, unless it can be proven that it existed at the time of dispatch (e.g. manufacturing defect). 16.5 Depending on the total amount of the order, the Supplier may also provide free delivery under certain conditions. In the case of free home delivery, the parcel is considered overweight if it exceeds a maximum of 40 kg (100 kg per address). For overweight parcels, we reserve the right to charge an additional delivery fee, which we will inform our customers in writing, and the customer may decide to maintain or cancel the order. You can also ask our customer service in advance about the estimated delivery charge. 16.6 SPRINTER courier service 16.6.1 The courier service will deliver the ordered product to the delivery address you have specified, where you can collect it in person on the spot. The delivery is carried out by Sprinter Courier Service. On the day of delivery, the courier service will send an SMS to the mobile phone number you have provided, containing the identification of the dispatched parcel and the central telephone contact number. With this information, you will be able to arrange an estimated time of delivery.

17. Deadline for performance

17.1 The general delivery time for the order shall be a maximum of 3 working days from the date of order confirmation. 17.2 Please be advised that the occurrence of force majeure events (including natural disasters (earthquake, fire, epidemic (including coronavirus)), political-social events (war, revolution, strike, labour strike, emergency), state-authority measures (embargo, boycott)) may prevent or delay the performance of the contract by the Supplier. 17.3 In order to deal with the hindrance or delay, the Service Provider is entitled unilaterally to.17.4 In the event of suspension or postponement of the performance of the contract, the Service Provider shall be obliged to perform its contractual obligations at a deferred date in view of the force majeure situation. 17.5 In the event of impossibility of performance of the contract, the contract shall be terminated pursuant to the Civil Code and the purchase price already paid shall be returned to the Customer. In the event of a refund of the purchase price, the Service Provider shall apply the payment method used by the Customer or the refund method individually negotiated by the Parties.

18. Reservation of rights, reservation of title

18.1 If you have previously ordered a Product and did not receive it at the time of delivery (not including when you have exercised your right of withdrawal) or the Product has been returned to the Service Provider with an unasked for indication, the Service Provider will make the fulfilment of the order conditional on the payment of the purchase price and delivery costs in advance.2 The Service Provider may withhold delivery of the Product until it is satisfied that payment for the Product has been successfully made using the electronic payment solution (including in the case where, in the case of a Product paid for by bank transfer, the Customer transfers the purchase price in the currency of his Member State and the Service Provider does not receive the full amount of the purchase price and delivery charges due to the conversion and bank commissions and costs). If the price of the Product has not been paid in full, the Service Provider may request the Customer to supplement the purchase price.

19. Sales abroad

19.1 When using the Website and placing orders, the Service Provider does not distinguish between customers within the territory of Hungary and customers outside the territory of the European Union. Unless otherwise provided for in these GTC, the Service Provider shall ensure the delivery/collection of the ordered products within the territory of Hungary.19.2 The provisions of these GTC shall also apply to purchases outside Hungary, with the proviso that, for the purposes of this clause, a consumer shall be deemed to be a consumer who is a national of a Member State or a resident of a Member State, or an undertaking which is established in a Member State and purchases goods or services within the European Union solely for the purpose of end use or with such intention. A consumer is a natural person who is acting for purposes which are outside his trade, business, craft or profession. 19.3 The language of communication and purchase is primarily Hungarian, the Service Provider is not obliged to communicate with the Customer in the language of the Customer’s Member State. 19.4 The Service Provider is not obliged to comply with any non-contractual requirements, such as labelling or sector-specific requirements, set out in the national law of the Customer’s Member State in relation to the Product concerned, or to inform the Customer of such requirements. 19.5 Unless otherwise provided, the Service Provider shall apply Hungarian VAT to all Products. 19.7 In the case of electronic payment, payment shall be made in the currency specified by the Service Provider, 19.8 The Service Provider may withhold delivery of the Product until it is satisfied that payment of the price of the Product and the delivery charge has been successfully and fully made using the electronic payment solution (including in the case of Products paid for by bank transfer, where the Customer transfers the purchase price (delivery charge) in the currency of the Member State in which the Product is paid for and the Service Provider does not receive the full amount of the purchase price due to the conversion and bank commissions and costs). If the price of the Product has not been paid in full, the Service Provider may request the Customer to supplement the purchase price. 19.9 In order to deliver the Product, the Service Provider shall provide the same delivery facilities as those available to Hungarian Buyers to non-Hungarian Buyers. 19.10 If the Customer may request delivery of the Product to Hungary or any other Member State of the European Union in accordance with the GTC, the non-Hungarian Customer may also request this by any of the delivery methods specified in the GTC. 19.11 If the Customer may, in accordance with the GTC, choose to collect the Product in person from the Supplier, the non-Hungarian Customer may also do so. 19.12 Otherwise, the Customer may request to have the Product delivered abroad at his own expense. This right does not apply to Hungarian Customers.

19.13 The Service Provider shall fulfil the order after payment of the delivery fee, if the Customer does not pay the delivery fee to the Service Provider or does not arrange his own delivery by the date agreed in advance, the Service Provider shall terminate the contract and refund the prepaid purchase price to the Customer.

20. Late performance

20.1 The Service Provider shall be entitled to engage a third party claims management company to enforce its claims against the Customer that are more than 15 days overdue. In this case, the Service Provider shall be entitled to transfer to a third party for the purpose of managing its claim against the Customer only the data necessary to achieve this purpose – if the Customer is a natural person, the personal data necessary to achieve this purpose pursuant to Article 6 (1) (f) of Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter referred to as “GDPR”) in order to assert its legitimate interest. 20.2 The personal data to be transmitted are the data necessary to identify the Customer (for private persons: Name, Address ; for legal persons: Name, Representative, Identification Data, Head Office, Location(s)); contact data necessary for the management of the claim (E-mail address, telephone number); data necessary to identify the claim (in particular its amount, due date, proof of performance of the service).”

21. Consumer information pursuant to Government Decree 45/2014 (II. 26.)

21.1 Information on the consumer’s right of withdrawal 21.1.1.1 The consumer has the rightof withdrawal under the Civil Code. Only natural persons acting outside the scope of their profession, self-employed occupation or business activity are considered to be a consumer according to § 8:1, paragraph 1, point 3, so legal persons may not exercise the right of withdrawal without giving reasons. 21.1.2 According to Article 20 of Government Decree 45/2014 (26.II.), the consumer has the right of withdrawal without justification. The consumer has the right of withdrawal in the case of a contract for the sale of goods:

  • the product,
  • in the case of the sale of several products, if each product is supplied at a different time, the last product supplied, by the consumer or a third party other than the carrier and indicated by the consumer

21.1.3 Nothing in this clause shall affect the consumer’s right to exercise his right of withdrawal under this clause during the period between the date of conclusion of the contract and the date of receipt of the goods.21.1.4 If the consumer has made an offer to conclude the contract, the consumer shall have the right to withdraw the offer before the conclusion of the contract, which shall terminate the obligation to make an offer to conclude the contract. 21.2 Declaration of withdrawal, exercise of the consumer’s right of withdrawal or termination 21.2.1 The consumer may exercise the right provided for in Article 20 of Government Decree 45/2014 (26.II.) by means of a clear declaration to this effect or by using the declaration template that can also be downloaded from the Website.21 . 2.3 The burden of proof that the consumer has exercised the right of withdrawal in accordance with this provision, including within the time limit available, is on theconsumer.21.3.2 If you withdraw from the Contract, we will reimburse you for all the consideration you have paid, including the transport costs (excluding any additional costs incurred because you have chosen a mode of transport other than the cheapest usual mode of transport offered by us), without delay and at the latest within 14 days of receipt of your notice of withdrawal. 21.3.3 In the event of your lawful withdrawal or termination of the contract, the Supplier will refund the amount refunded to the consumer in the same way as the payment method used by the consumer. Subject to the express agreement of the consumer, the Supplier may use another method of payment for the refund, but the consumer shall not be charged any additional fee as a result. 21.3.4 If the consumer expressly opts for a mode of transport other than the least costly usual mode of transport, the Service Provider shall not be obliged to refund the additional costs resulting from this. 21.3.5 Right of retention 21.3.6 The Supplier may retain the amount refunded to the consumer until the consumer has returned the goods or has proved beyond doubt that he has returned them, whichever is the earlier.

21.4 Obligations of the consumer in the event of withdrawal or termination 21.4.1 Return of the product 21.4.2 If you have exercised your right of withdrawal, you must return the ordered and already delivered product without delay, but no later than fourteen days after the notice of withdrawal, or hand it over to the Supplier or to a person authorised by the Supplier to receive the product. 21.4.3 The consumer shall bear the cost of returning the product. The product must be returned to the address of the Service Provider. If the consumer terminates an off-premises or distance contract for the provision of a service after the performance has begun, he shall pay the undertaking a fee proportionate to the service provided up to the date of notification of the termination to the undertaking. The amount to be paid by the consumer pro rata shall be determined on the basis of the total amount of the consideration laid down in the contract plus tax. If the consumer proves that the total amount so determined is excessive, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. Please note that we are not able to take delivery of products returned by cash on delivery or postage paid. 21.4.5 If the consumer returns the product to the Service Provider, he is obliged to ensure that the product is packed in a suitable packaging for transport, and the Service Provider is not liable for any damage caused by inadequate packaging during transport. In any case, the original invoice must be enclosed. 21.5 Exclusion of the right of withdrawal 21.5.1 You may not exercise your right of withdrawal in accordance with the provisions of Government Decree No.

in the cases referred to in Article 29 of the Regulation: 21.5.1.1.1 in the case of a contract for the provision of a service, after the service has been fully performed, but where the contract imposes a payment obligation on the consumer, only if performance has begun with the consumer’s express prior consent and the consumer’s acknowledgement that he will lose his right of withdrawal once the undertaking has fully performed the contract; 21.5.1.2 in respect of goods or services whose price or price is subject to fluctuations in the financial market which are beyond the control of the undertaking and which are possible even during the 14-day period during which the right of withdrawal may be exercised; 21.5.1.3 in the case of goods which are not prefabricated, which have been produced on the instructions or at the express request of the consumer, or which are clearly personalised for the consumer 21.5.1.4 in the case of perishable goods or goods which retain their quality for a short period; 21.5.1.5 in respect of a product in a closed package which, for health or hygiene reasons, cannot be returned after opening after delivery; 21.5.1.6 in respect of a product which, by its nature, is inseparably mixed with other products after delivery; 21.5.1.7 in respect of an alcoholic beverage the real value of which is subject to market fluctuations beyond the control of the undertaking and the price of which was agreed between the parties at the time of conclusion of the contract of sale but the contract is not performed until thirty days after the conclusion of the contract; 21.5.1.8 in the case of a contract for the provision of services where the undertaking, at the express request of the consumer, visits the consumer in order to carry out urgent repair or maintenance work; 21.5.1.9 for the sale of a copy of a sound or video recording or of computer software in a sealed package, if the consumer has opened the packaging after delivery; 21.5.1.10 for newspapers, periodicals and periodicals, with the exception of subscription contracts; 21.5.1.11 for contracts concluded at public auction; 21.5.1.12 in the case of a contract for the provision of accommodation, transport, car hire, catering or leisure services, other than for the provision of housing, where the contract has a fixed deadline or period for performance; 21.5.1.13

in the case of digital content provided on a non-tangible medium, where the undertaking has begun performance with the consumer’s express prior consent and the consumer has, at the same time as giving that consent, acknowledged that he or she loses the right of withdrawal and cancellation after the performance has begun and the undertaking has sent the consumer a confirmation containing specified information on a durable medium.

22. Warranty, product warranty, guarantee

This section of the Consumer Information Notice has been prepared pursuant to the authorisation of Article 9(3) of Government Decree 45/2014 (II.26.), using Annex 3 of Government Decree 45/2014 (II.26.).

22.1 Accessories warranty

22.1.1 In what circumstances can you exercise your right to a warranty?

In the event of defective performance by the Service Provider, you may assert a claim against the Service Provider for defective performance in accordance with the rules of the Civil Code.

22.1.2 What rights do you have under a warranty claim?

You may, at your option, make the following warranty claims:You may request repair or replacement, unless the remedy of your choice is impossible or would impose disproportionate additional costs on the Service Provider compared to any other remedy. If you have not requested or could not request the repair or replacement, you may request a proportionate reduction in the price or you may have the defect repaired or replaced at the Supplier’s expense or, as a last resort, you may withdraw from the contract. You may transfer your right to a different warranty, but you will bear the cost of the transfer, unless it was justified or the Service Provider gave a reason for it.

22.1.3 What is the deadline for you to claim under the warranty?

You must notify us of the defect as soon as you discover it, but no later than two months after the defect is discovered. However, you should note that you cannot claim any rights to claim for defects beyond the two-year limitation period from the date of performance of the contract. If the subject of the contract between the consumer and the business is second-hand goods, the parties may agree on a shorter limitation period; in this case, a limitation period of less than one year cannot be validly agreed.

22.1.4 Who can you claim against?

You may assert a warranty claim against the Service Provider.

22.1.5 What are the other conditions for the enforcement of your rights under the accessory warranty?

Within six months from the date of performance, you can assert a claim for defects, provided that you prove that the product or service was provided by the Service Provider. However, after six months from the date of performance, you must prove that the defect which you have discovered existed at the time of performance.

22.2 Product Warranty

22.2.1 In what circumstances can you exercise your right to a product warranty?

In the event of a defect in a movable item (product), you can choose between a warranty claim for accessories or a product warranty claim.

22.2.2 What rights do you have under a product warranty claim?

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

22.2.3 In which cases is the product considered 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.

22.2.4 What is the deadline for you to claim under the product warranty?

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

22.2.5 Against whom and under what other conditions can you assert a product warranty claim?

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

22.2.6 In which cases 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:

  • manufactured or marketed the product for purposes other than its business, or
  • the defect was not detectable according to the state of science and technology at the time it was placed on the market, or
  • the defect in the product results from the application of a legal or regulatory requirement.

The manufacturer (distributor) only needs to prove one reason 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.

22.3 Good standing

Given the nature of the Products, the Service Provider does not provide any warranty.

23. Limitation of liability

The Solver assumes that the Customer using the Website is aware of the basic possibilities, risks and limitations of using the Internet. The Service Provider shall not be liable for any damages incurred by the Customer in connection with the risks of Internet use (including, but not limited to, security risks). The Service Provider shall not be liable for any damages resulting from circumstances beyond its control, in this scope the Service Provider excludes its liability for damages resulting from, among others, malfunction of the Website, computer viruses, Internet network failures, other technical failures.

24. Complaints handling and redress

24.1 The consumer may submit consumer complaints about the product or the Service Provider’s activities to the following contact details Customer service office located at 8, Perc utca 3, 1036 Budapest, Hungary Customer service office opening hours: 8:00-16:00 Internet address: www.winehub.hu E-mail: hello@winehub.hu 24.2 The consumer may communicate his complaint to the business, either orally or in writing, concerning its conduct, activity or omission in relation to orders and deliveries through the Website or in relation to the performance or directly related to the sale of the Products. He shall either hand over the record thus drawn up to the consumer in person or send it to the consumer at the address provided by the consumer. 24.4 In the case of an oral complaint, the Service Provider shall immediately investigate the complaint and, if possible or necessary, remedy it immediately. 24.5 In the case of an oral complaint communicated by telephone or other electronic communications service, the consumer shall be sent a reply on the merits within 30 days at the latest, in accordance with the provisions applicable to the reply to the written complaint. In other respects, the consumer shall act on the written complaint as follows. Unless otherwise provided for in a directly applicable legal act of the European Union, the business must reply in writing to the written complaint within 30 days of receipt and take steps to communicate the reply. A shorter time limit may be laid down by law, or a longer time limit by statute. The undertaking must state the reasons for its rejection of the complaint. Oral complaints communicated by telephone or by electronic communications must be given a unique identification number. 24.6 In the case of a written complaint, the addressee of the complaint shall examine the complaint on its merits and provide the Consumer with a written reply to the complaint within 30 days at the latest:

  • Name, address of consumer
  • Identification of the order to which the complaint relates
  • Where, when and how to lodge a complaint
  • A detailed description of the consumer’s complaint, a detailed description of the objections, a list of the evidence and documents provided by the consumer in relation to the complaint
  • A statement by the recipient of the complaint of the Consumer’s position on the complaint, if an immediate investigation of the complaint is possible
  • Signature of the person taking the record and the consumer (except for complaints made by telephone)
  • Place and time of recording of minutes
  • Unique identifier of the complaint in the case of an oral complaint

24.8 The business must keep the record of the complaint and a copy of the reply for five years and present it to the supervisory authorities at their request.24.9 If the complaint is rejected, the business must inform the consumer in writing of the authority or conciliation body to which the complaint may be submitted, depending on its nature. The information shall also include the location, telephone and Internet contact details and the postal address of the competent authority or conciliation body in the place where the consumer resides or is staying. The information should also include whether the business will use the conciliation procedure to settle the consumer dispute.

Conciliation Body

24.10.1 The Consumer shall be entitled to settle his dispute with the Service Provider out of court at the competent conciliation body of the place of residence or, in the absence thereof, of the place of domicile of the enterprise concerned by the dispute. The contact details of the conciliation bodies are available at the following link: https://www.bekeltetes.hu/index.php?id=testuletek. 24.10.2 The business is under an obligation to cooperate in the conciliation procedure. 24.10.3 This includes the obligation for the business to send a reply to the conciliation body’s request and the obligation to appear before the conciliation body (“to ensure the attendance of a person authorised to conclude a settlement agreement at a hearing”).4 If the registered office or place of business is not established in the county of the chamber of the territorially competent conciliation body, the obligation of cooperation of the business shall include offering the possibility of a written settlement in accordance with the consumer’s request. 24.10.5 In the event of a breach of the above obligation of cooperation, the consumer protection authority has the power to impose a mandatory fine in the event of infringement of the above obligation of cooperation, and no possibility to waive the fine. In addition to the Consumer Protection Act, the relevant provision of the Small and Medium-Sized Enterprises Act has also been amended, so that the imposition of fines on small and medium-sized enterprises will not be waived. The conciliation body’s task is to try to reach an agreement between the parties to resolve the consumer dispute and, if this is not successful, to rule on the case in order to ensure that consumer rights are enforced in a simple, quick, efficient and cost-effective manner. The conciliation body shall, at the request of the consumer or the business, advise on the rights and obligations of the consumer. The request must be submitted in writing to the chairman of the conciliation body: the requirement of written form may be met by letter, telegram, telex or fax, or by any other means which enables the recipient to store the data addressed to him permanently for a period of time adequate for the purpose for which the data were intended and to display the stored data in unchanged form and content.

  • the name, residence or domicile of the consumer,
  • the name, registered office or place of business of the business involved in the consumer dispute,
  • if the consumer has requested the designation of the competent conciliation body instead of the body having jurisdiction,
  • a brief description of the consumer’s position, the facts supporting it and the evidence to support it,
  • a statement by the consumer that the consumer has tried to resolve the dispute directly with the business concerned
  • a declaration by the consumer that he has not initiated proceedings before any other conciliation body, that no mediation procedure has been initiated, that no application for a claim has been lodged or that no application for an order for payment has been submitted,
  • a motion for a decision of the panel,
  • the consumer’s signature.

24.10.9 The application must be accompanied by the document or a copy (extract) of the document, the content of which the consumer relies on as evidence, in particular the written statement of the business refusing the complaint, or, failing this, any other written evidence available to the consumer of the attempt to reach the required agreement.

Proceedings before the consumer protection authority

24.11 In addition, if the dispute between the Consumer and the business cannot be settled by negotiation or if the Consumer considers that his/her consumer rights have been infringed, the Consumer is entitled to initiate proceedings with the consumer protection authority competent for his/her place of residence or stay. The competent consumer protection authorities in the first instance are the metropolitan and county government offices of the place of residence or stay of the Consumer, a list of which is available at the following link: https://www.kormanyhivatal.hu/hu.

Litigation

24.12 The Consumer is also entitled to enforce his/her rights in civil proceedings in accordance with the provisions of the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

Online dispute resolution platform

24.13 The European Commission has set up a website where consumers can register, enabling them to resolve their online shopping disputes by filling in an application form, avoiding the need to go to court. This will allow consumers to enforce their rights without, for example, being prevented by distance.

24.14 If you want to make a complaint about a product or service you have bought online and do not necessarily want to go to court, you can use the online dispute resolution tool.

24.15 On the portal, you and the trader against whom you have made a complaint can jointly choose the dispute resolution body you want to entrust with handling the complaint.

24.16 The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

  1. Annex No.

Model withdrawal/cancellation notice

Addressee: WineHub Holding Korlátolt Felelősségű Társaság

1036 Budapest, Fényes Adolf utca 24-26.

I, the undersigned, declare that I exercise my right of withdrawal/cancellation in respect of the contract for the sale of the following products: [SZERZŐDÉS TÁRGYÁT KÉPEZŐ TERMÉK MEGJELÖLÉSE SZÜKSÉGES]

Date of conclusion of the contract:[IDŐPONT MEGADÁSA SZÜKSÉGES]

Name of the consumer:

Address of the consumer:

Signature of the consumer:

Celt: