When ordering services and goods through http://www.winehub.hu
in force 2022.07.27. from
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. This GTC is concluded in Hungarian, which is not filed, and is concluded in electronic form only.
1.3 By submitting the 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 We inform you that in case of any questions regarding online orders and the delivery process, we are at your disposal 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 subdomains, whereby Customer means a natural or legal person who is registered on the http://www.winehub.hu website or places an order, who is capable of acting and is over 18 years of age (hereinafter referred to as Customer)
1.6 These GTC are permanently available on the following website:
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
Headquarters: 1036 Budapest, Fényes Adolf utca 24-26.
Company registration number: 01-09-867419
Tax number: 13675811-2-41
Postal address, premises: 1036 Budapest, Fényes Adolf utca 24-26
Registering authority/court: the Commercial Court of the Metropolitan Court of Budapest
Licensing authority and registration number:
Belváros Lipótváros Budapest Capital V. district. Municipality Mayor’s Office – Industry and Trade Department
Registration number: 13077/B/2020.
Phone number: +36 30 983 5495
Authorisations for notifiable activities:
Licensed location: 1239 Budapest, Európa utca 9-11 J1 ép.
Registration number: 13077/B/2020.
Excise licence: HU11427103009
Parties: the Service Provider and the Customer together
Consumer: a natural person acting outside his/her trade, profession, self-employed activity or business
Consumer contract: a contract where one of the parties is a consumer
Website: this website, which is used to conclude the contract
Contract: a contract of sale between the Service Provider and the Customer through the use of the Website and electronic mail.
Device for remote communication: a device that enables the parties to make a contractual statement in their absence for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements with order forms published in press products, 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 sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only to conclude the contract
Product: any marketable movable property included in the offer of the Website and intended for sale on the Website, which is the subject of the Contract
Business: a person acting in the course of his or her profession, self-employment or business
Buyer/s: the person who enters into a contract making a purchase offer via the Website
Standstill: for contracts concluded between a consumer and a business (hereafter: consumer contract), the Civil Code, (a) a guarantee for the performance of the contract which the undertaking 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:
- CLV. law on consumer protection
- CVIII. Act on certain aspects of electronic commerce services and information society services
- Act V of 2007 on the Civil Code
151/2003. (IX.22.) Government Decree on Compulsory Warranty for Durable Consumer Goods
45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses
19/2014. (IV.29.) NGM Decree on the procedural rules for the handling of warranty and guarantee claims for goods sold under a contract between a consumer and a business
- LXXVI. law on copyright
- CXII. Act on the Right to Information Self-Determination and Freedom of Information
REGULATION (EU) No 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on combating unjustified territorial restrictions 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) No 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 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.
5.2 The purpose of the GTC is to regulate the conclusion of the contract between the Customer and the Service Provider for the services marketed through 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 related to the conclusion of the contract, in accordance with the provisions of the Hungarian Act No. (II.26.) Korm. the provisions of the Regulation.
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.
5.4 By ordering the Service through the Website, i.e. by making a purchase, the Consumer/Customer accepts the provisions of these GTC as binding on him/her and that they form part of the Contract between the Service Provider as an undertaking and the Consumer. The Contract is a consumer contract concluded between absentee consumers.
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 GTC in whole or in part at any time.
6. Language of the contract, form of the contract
6.1 The language of the contracts covered by these GTC shall be Hungarian.
6.2 Contracts covered by these GTC are not considered as written contracts and are not registered by the Service Provider.
7.1 Prices are in HUF and include 27% VAT. Prices are indicative. The possibility that the Service Provider may change the prices for commercial policy reasons cannot be excluded. Price changes do 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.
8.1 The Copyright Act 1999. LXXVI. Act (hereinafter referred to as “the Act”) 1. § (1) of the EU Copyright Act, the Website is a work of authorship, and therefore all parts of it are protected by copyright. According to Art. 16. § (1) of the website, the unauthorised use of graphic and software solutions, computer program creations or any application that may be used to modify the website or any part of it is prohibited. Any material may be reproduced from the website and its database only with the written consent of the copyright holder and with a reference to the website and acknowledgement of the source. The rights owner is Winehub Holding Kft.
8.2 The images and descriptions used in our webshop are in some cases taken from the manufacturer’s or distributor’s website, which our partners have only contributed to the use of for the purpose of displaying on this website.
9. Partial invalidity, code of conduct
9.1 If any provision of the GTC is for any reason legally invalid, void or ineffective, the remaining provisions of the GTC shall remain in full force and effect and the provisions of the applicable law shall apply in place of the invalid, void or ineffective provision.
9.2 The Service Provider does not have a code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.
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. A backup of the entire data content is made regularly, 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 finalising the order (clicking on 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 information you provide is entered accurately, as the product will be invoiced and shipped based on the information you provide. By placing your order, you acknowledge that the Service Provider is entitled to charge you for any damages and costs resulting from your incorrect data entry or inaccurate data. The Service Provider shall not be liable for performance based on inaccurate data entry. Please note that an incorrect e-mail address or a full mailbox may result in non-delivery of the confirmation and prevent the conclusion of the contract.
13. Procedure in case of incorrect price
13.1 The price is considered to be clearly misstated:
13.1.1 Price of HUF 0,
13.1.2 a price reduced by a discount, but incorrectly indicating the discount (e.g. a product offered for HUF 500 for a HUF 1000 product with a 20% discount).
13.2 In the event of an incorrect price indication, the Service Provider shall offer the possibility of purchasing the product at the real price, in the possession of which information 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 Registration, shopping as a guest
14.1.1 The Customer is entitled to use the Website and to place orders through it by registering and using the so-called. by guest registration. Guest – in the case of registration, a user account is automatically generated through the Website, which the Customer can use in case of a repeat order.
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 verified at any time, the Customer is entitled to modify incorrect data at any time.
14.2 Selection of the Product
14.2.1 By clicking on the product categories on the Website, you can select the desired product range and the individual products within it. Click on each product to find a photo, a description and the price.
14.2.2 You will be charged the price shown on the Website for any purchase. Products are marked with an illustrated photo.
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 mistakes or incorrect data!
14.3 Add to basket
14.3.1 After selecting a 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 a Product to your cart does not constitute an offer.
14.3.2 We recommend that you add a product to your shopping cart even if you are not sure whether you want to buy it, because this will give you a one-click overview of the products you have selected at that moment, and you will be able to view and compare them on one screen. The contents of the shopping cart can be freely modified until the order is finalized – until the “Place order” button is pressed -, products can be removed from the cart, new products can be added to the cart, and the desired product number can be changed.
14.4 Viewing the Cart
14.4.1 When using the Website, you can check the contents of your shopping cart at any time by clicking on the “Check Cart” icon. Here you can remove selected products from the basket or change the number of items in the basket. When you press the update button next to the products, the system will display the information you have changed, including the price of the products you have added to your shopping cart.
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 Providing customer data
14.5.1 After pressing the “Checkout” button, you have the option to choose whether you wish to place your order with your previous registration, without registration or with a new registration. You can then enter the information required for your order (name, phone number, delivery and billing address, e-mail address) in the “Customer details” tab. On 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 want to pay for your order. You can find information on payment methods in the “Payment options” section of the GTC.
14.6 Overview of the order
14.6.1 In the “Cart”module on the right hand side of the Website, you can check the products in your cart and the correctness of the data you have previously entered. If you wish to make changes to the information you have provided, you can do so in the data section on the relevant tab. You can check your order in the “Cart” tab. The summary shall indicate the net price and quantity of the products. The net total is then the VAT content plus the delivery charge and the gross total. You can also use the “Comments” section here to provide us with any information you would like to share with us about your order. 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 a change to firstname.lastname@example.org
14.7 Finalising the order (making an offer)
14.7.1 If you are satisfied that the contents of your shopping basket correspond to the products you wish to order and that your details are correct, you may complete your order by clicking on the “Place order and checkout” button. The information provided on the website does not constitute an offer for the conclusion of a contract by the Service Provider. For orders covered by these GTC, you are considered to be the tenderer.
14.7.2 By clicking on the “Place Order and Pay” button, you expressly acknowledge that your offer is deemed to have been made and that your declaration shall be subject to payment in the event of confirmation by the Service Provider in accordance with these GTC. You will be bound by your offer for 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 contract, confirmation
14.8.1 You may place an order at any time. The Service Provider will confirm your offer by sending an e-mail to the e-mail address you provided when placing your order, at the latest during the working day following the day on which your offer was sent. The contract is concluded when the confirmation email sent by the Service Provider becomes available to you in your mail system.
14.8.2 The confirmation will include the unique order number, which will allow the order to be tracked.
14.8.3 The product parameters (e.g.: vintage) and prices stated in the order are the values currently set by the system, however, the Service Provider reserves the right to correct any incorrectly stated price or other parameter in the order confirmation after the 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 whether to accept the modified parameters and price and maintain the order or withdraw from 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 detailed terms and conditions of discounts and promotions available on our Website, please visit the relevant sub-pages. Please note that promotions and discounts available in our online store cannot be combined unless the terms and conditions of the promotion specifically allow it. All promotions on our online store are valid until stocks last or are withdrawn. In some cases, the webshop’s system cannot handle discounts separately, so the total amount of the invoice may need to be corrected afterwards, and you will be informed of this 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 until our current stock lasts or 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 shall take effect at the same time as the change is published on the website. The change will not affect the purchase price of products already ordered. Any price increase or decrease in the period between placing the order and receiving the product will not affect the total amount of the order.
The Service Provider reserves the right to provide, in whole or in part, an exclusive prepayment option for certain orders, of which the Customer will be notified by letter.
15.4 Payment by credit card
15.4.1 You can pay quickly and securely by credit card in our Webshop. OTP Bank is responsible for the processing of credit card transactions in our online store.
15.4.2 For your safety, we reserve the right to verify the identity of the person receiving the product on the spot. If the person who receives the order is not the same as the payer/invoice holder, the Service Provider can only ensure the delivery of the product if the orderer gives an authorisation to the person receiving the product or the person receiving the product consents to the recording of his/her personal data.
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 transmitted 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 Notice, at the link below: http://simplepay.hu/vasarlo-aff
15.5 Cash on delivery
15.5.1 If you wish to pay for the value of your order on receipt of the parcel, you should choose the “Cash on delivery” payment method. In this case, you can settle the amount of the order with the person who delivers the goods 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 package 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 is not 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 agent/warehouse colleague/delivery agent.
16.4 If you notice any damage or shortages, please report them and in any case ask for an official record. Unfortunately, in the absence of an official record, 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 Service Provider also provides free delivery under certain conditions. For free home delivery, a parcel weighing more than 40 kg (maximum 100 kg per address) is considered overweight. 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 charges.
16.6 SPRINTER courier service
16.6.1 The courier service will deliver the ordered product to the delivery address provided by you, where you can collect it in person. Delivery is handled by the Sprinter courier service. On the day of delivery, the courier service will send an SMS to the mobile number you have provided, with the identification of the parcel and the central telephone contact number. With this information, you can agree on an estimated delivery date.
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 note that the occurrence of force majeure events (including natural disasters (earthquakes, fires, epidemics (including the coronavirus)), political-social events (war, revolution, strikes, labour strikes, emergencies), state-authority measures (embargo, boycott)) may prevent or delay the performance of the contract by the Service Provider. Any failure or delay of the Service Provider due to force majeure shall not be attributable to the Service Provider, and the Service Provider shall not be liable for such failure and/or delay.
17.3 In order to deal with any hindrance or delay, the Service Provider is entitled to unilaterally:
17.3.1 suspend or defer performance of the contract,
17.3.2 to refuse performance of a contract already concluded on the grounds of impossibility (where force majeure foreseeably makes performance impossible).
17.4 In the event of suspension or postponement of the performance of the contract, the Service Provider shall perform its contractual obligations at a postponed date due to force majeure.
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 Supplier with an unasked for indication, the Supplier will make the fulfilment of the order conditional on the payment of the purchase price and delivery costs in advance.
18.2 The Service Provider may withhold delivery of the Product until it is satisfied that the price of the Product has been successfully paid using the electronic payment solution (including in the case of products paid for by bank transfer, where the Customer transfers the purchase price in the currency of the Member State in which the product is sold and the Service Provider does not receive the full amount of the purchase price and delivery fee 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 in Hungary.
19.2 The provisions of these GTC shall also apply to purchases made outside Hungary, provided that, for the purposes of this clause, a consumer shall be deemed to be a buyer under the provisions of the relevant Regulation if he is a national of a Member State or a resident of a Member State, or an undertaking established in a Member State, which purchases goods or services within the European Union exclusively for the purpose of final consumption or for the purpose of such use. A consumer is a natural person who is acting for purposes which are outside the scope of his commercial, industrial, craft or professional activities. Taking into account the provisions of Decree 593/2008 on the law applicable to contractual obligations. EC Regulation (Rome I) 6. Where the law of the buyer’s habitual residence, acting as a consumer, provides a higher level of protection for the buyer than Hungarian law, the law of the consumer’s habitual residence shall apply.
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 Supplier is not obliged to comply with any non-contractual requirements, such as labelling or industry-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 specified, the Supplier shall apply Hungarian VAT to all Products.
19.6 The Customer may exercise his/her enforcement rights in accordance with these GTC.
19.7 In the case of electronic payment solutions, payment is 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 the price of the Product and the delivery fee have been successfully and fully paid using the electronic payment solution (including in the case of products paid by bank transfer, where the Customer transfers the purchase price (delivery fee) in the currency of the Member State of the Customer 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 also provide delivery facilities to non-Hungarian customers that are available to Hungarian customers.
19.10 If the Customer may request the 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 means of delivery indicated in the GTC.
19.11 If the Customer may choose to collect the Product in person from the Service Provider in accordance with the GTC, this option is also available to non-Hungarian Customers.
19.12 In other cases, the Customer may request that the Product be shipped abroad at its own expense. Hungarian customers do not have this right.
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, for the purpose of processing the claim against the Customer, only process the data necessary to achieve this purpose – if the Customer is a natural person, the personal data necessary to achieve this purpose shall be in accordance with Article 6. Article 4(1)(f), in order to pursue its legitimate interests.
20.2 The personal data to be provided are the data necessary to identify the Customer (in the case of a private person: name, address ; in the case of a legal person: name, representative, identification data, head office, place(s) of business); the contact data necessary for the management of the claim (e-mail address, telephone number); the data necessary to identify the claim (in particular its amount, its due date, proof of performance of the service)”
21. (II. 26.) Korm. under the Regulation
21.1 Information on the consumer’s right of withdrawal
21.1.1 The consumer is subject to the following provisions of the Civil Code. 8:1. § 1. paragraph 3. only natural persons acting outside the scope of their profession, self-employed activity or business, so legal persons may not exercise the right of withdrawal without giving reasons!
21.1.2 The consumer is bound by the provisions of the 45/2014. (II. 26.) Korm. Regulation 20. §, you have the right to withdraw without giving reasons. The consumer’s right of withdrawal in 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
within 14 days of the date of receipt.
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 has the right to withdraw the offer before the conclusion of the contract, which terminates the obligation to make an offer to conclude the contract.
21.2 Cancellation notice, exercise of the consumer’s right of withdrawal or termination
21.2.1 The consumer is subject to the provisions of the 45/2014. (II. 26.) Korm. Regulation 20. § by means of a clear declaration to this effect or by using the declaration template which can also be downloaded from the Website.
21.2.2 You will exercise your right of withdrawal/cancellation within the time limit if you send us your notice of withdrawal before the expiry of the time limit indicated above.
21.2.3 The burden of proving that the consumer exercised the right of withdrawal in accordance with this provision, including within the time limit available, shall be on the consumer.
21.2.4 The Service Provider shall acknowledge the consumer’s declaration of withdrawal on an electronic medium immediately upon receipt, provided that it also offers the consumer the right of withdrawal on its website.
21.3 Obligations of the Supplier in the event of withdrawal by the consumer
21.3.1 Provider’s obligation to refund
21.3.2 If you withdraw from the Contract, we will immediately, and at the latest within 14 days of receipt of your notice of withdrawal, refund all consideration paid by you, including the cost of carriage (excluding any additional costs incurred because you have chosen a mode of carriage other than the cheapest standard mode of carriage offered by us.) The refund will be made using the same method of payment as the original transaction, unless you expressly agree to a different method of payment; you will not incur any additional costs as a result of using this method of refund.
21.3.3 In the event of your lawful withdrawal or termination of the contract, the Service Provider will refund the amount due to the consumer in the same way as the consumer used to pay. Subject to the consumer’s express consent, the Service Provider may use another method of payment for the refund, but the consumer shall not be charged any additional fee. The Service Provider shall not be liable for delays caused by incorrect and/or inaccurate bank account numbers or postal addresses provided by the Customer.
21.3.4 If the consumer expressly chooses a mode of transport other than the least costly usual mode of transport, the Service Provider is not obliged to reimburse the additional costs resulting from this. In such a case, we will be liable to refund you up to the amount of the standard delivery charges indicated.
21.3.5 Right of retention
21.3.6 The Supplier may withhold the amount due to the consumer until the consumer has returned the product or has proved beyond reasonable doubt that he has returned it, whichever is the earlier. We cannot accept mail sent by courier or postage paid.
21.4 Consumer’s obligations in the event of withdrawal or termination
21.4.1 Return of the product
21.4.2 If you have lawfully exercised your right of withdrawal, you must return the ordered and already delivered product without delay, but no later than fourteen days from the date of the notice of withdrawal, or hand it over to the Service Provider or to a person authorised by the Service Provider to receive the product. The return is deemed to have been completed on time if the consumer sends the product before the deadline.
21.4.3 The consumer bears the cost of returning the product. The product must be returned to the Service Provider’s address. If the consumer terminates an off-premises or distance contract for the provision of a service after the service has begun, he must pay the business a fee proportionate to the service provided up to the date of notification of the termination to the business. The amount to be paid by the consumer on a pro rata basis shall be determined on the basis of the total amount of the consideration agreed 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 unable to accept products returned by cash on delivery or postage paid.
21.4.4 The consumer is liable for depreciation resulting from use beyond the use necessary to establish the nature, characteristics and functioning of the product.
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, the Service Provider is not liable for any damage caused by improper packaging during transport. In all cases, the original invoice must be enclosed. The Service Provider does not accept COD shipments.
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 the 45/2014. (II. 26.) Korm. in the cases provided for in Article 29 of the Regulation:
126.96.36.199.1 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 business has fully performed the contract;
188.8.131.52 in respect of goods or services whose price or price is subject to fluctuations in the financial market which cannot be influenced by the company and which are possible within the 14-day period for withdrawal;
184.108.40.206 in the case of non-prefabricated goods which have been manufactured on the instructions or at the express request of the consumer or goods which are clearly personalised for the consumer
220.127.116.11 for perishable products or products that will keep their quality for a short period of time;
18.104.22.168 in respect of a sealed product which, for health or hygiene reasons, cannot be returned after opening after delivery;
22.214.171.124 in respect of a product which, by its nature, is inseparably mixed with other products after delivery;
126.96.36.199 for alcoholic beverages whose real value depends on market fluctuations in a way beyond the control of the undertaking and whose price was agreed between the parties at the time of conclusion of the sales contract, but the contract is not performed until thirty days after the conclusion of the contract;
188.8.131.52 in the case of a contract for the provision of services where the undertaking visits the consumer at the consumer’s express request to carry out urgent repair or maintenance work;
184.108.40.206 for the sale of a copy of a sound or video recording or computer software in sealed packaging, if the consumer has opened the packaging after delivery;
220.127.116.11 in respect of newspapers, periodicals and periodicals, with the exception of subscription contracts;
18.104.22.168 for contracts concluded by public auction;
22.214.171.124 for contracts for the provision of accommodation, transport, car rental, catering or leisure services, with the exception of housing services, where a deadline or period for performance has been specified in the contract;
126.96.36.199 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 is in accordance with the provisions of Government Decree 45/2014 (II.26.) Regulation 9. § (3) paragraph of the Government Decree 45/2014 (II.26.) Regulation 3. has been prepared using Annex No.
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 a repair or replacement, unless one of these is impossible or would impose disproportionate additional costs on the Service Provider compared to other requests. 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 Service Provider’s expense or, as a last resort, you may withdraw from the contract.
You can switch from one warranty right to another, but you will bear the cost of the switch 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. Please note, however, that you cannot claim any rights to claim damages beyond the two-year limitation period from the date of performance of the contract.
If the object 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 will have to prove that the defect you 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 time limit, 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 claim under a product warranty.
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 may not claim for a defect in accessories and a product warranty at the same time. However, if your product warranty claim is successful, you can enforce your 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 arising from circumstances beyond its control, in this regard the Service Provider excludes its liability for damages arising from, among others, the malfunction of the Website, computer viruses, Internet network errors, other technical errors.
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 location: 1036 Budapest, Perc utca 8. 3. floor
Customer service opening hours: 8:00-16:00
Internet address: www.winehub.hu
24.2 A consumer may communicate to the business, orally or in writing, a complaint about its conduct, activity or omission in relation to orders and deliveries through the Website or in relation to the performance or in direct connection with the sale of the Products.
24.3 In the case of an oral complaint, the recipient of the complaint shall take a record of the complaint and record his/her position on it. The report thus drawn up shall either be delivered personally to the consumer or sent to the consumer at the address indicated by the consumer. The recipient of the complaint will then follow the procedure for handling written complaints.
24.4 In the event of a verbal complaint, the Service Provider will investigate the complaint immediately and, if possible or necessary, remedy it immediately.
24.5 In the case of an oral complaint made 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 replies to written complaints. In other respects, it shall act on the written complaint as follows. Unless otherwise provided for in a directly applicable legal act of the European Union, the undertaking must reply in writing to the written complaint within 30 days of receipt and take steps to communicate the complaint. A shorter time limit may be set by law, and a longer time limit by statute. The undertaking must state the reasons for rejecting the complaint. Oral complaints made by telephone or by electronic communication services must be given a unique identification number by the undertaking.
24.6 In the case of a written complaint, the addressee of the complaint shall investigate the complaint on its merits and provide the Consumer with a written reply to the complaint within 30 days at the latest.
24.7 The record of the complaint shall contain the following data and information:
- 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 undertaking shall keep the record of the complaint and a copy of the reply for five years and shall 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 resolve the consumer dispute.
24.10 Possible ways of dispute settlement
24.10.1 The Consumer shall be entitled to settle his dispute with the Service Provider out of court by 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 can be found at the following link: https://www.bekeltetes.hu/index.php?id=testuletek.
24.10.2 The company has a duty to cooperate in the conciliation procedure.
24.10.3 This includes the obligation for businesses 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”).
24.10.4 If the seat or establishment of the business is not registered in the county of the chamber of the territorially competent conciliation body, the business’s duty to cooperate shall include offering the consumer the possibility of a written settlement in accordance with his/her request.
24.10.5 In the event of a breach of the above duty to cooperate, the consumer protection authority has the power to impose mandatory fines and no waiver of fines in the event of infringement by businesses as a result of the change in the law. In addition to the law on consumer protection, the relevant provision of the law on small and medium-sized enterprises has also been amended, so that fines can be imposed on small and medium-sized enterprises.
24.10.6 The conciliation body is competent to settle consumer disputes out of court. The role of the conciliation body is to attempt 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 the simple, quick, efficient and cost-effective enforcement of consumer rights. The conciliation body advises consumers or businesses on their rights and obligations at their request.
24.10.7 The conciliation body shall proceed at the request of the consumer. The request must be made in writing to the chairman of the conciliation body: the requirement of written form may be met by letter, telegram, telex, telefax or any other means which permits the recipient to store the data permanently for a period of time adequate for the purposes for which it was intended and to display the data in unchanged form and content.
24.10.8 The application must include
- 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 request must be accompanied by the document or a copy (extract) of the document to the content of which the consumer refers as evidence, in particular the written statement of the undertaking rejecting the complaint or, failing this, any other written evidence available to the consumer of the attempt to reach the required agreement.
24.10.10 If the consumer acts through an authorised representative, the authorisation must be attached to the application.
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 domicile of the Consumer, a list of which is available at the following link: https: //www.kormanyhivatal.hu/hu.
24.12 The Consumer is also entitled to enforce his/her rights in civil proceedings in accordance with the Civil Code and the Code of Civil Procedure 2016. CXXX. according to the provisions of the law.
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 allows consumers to enforce their rights without being prevented from doing so, for example, 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
- 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: