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(T&C) for purchases from the www.paunochbirtok.hu webshop

1. Introduction

These Terms & Conditions (hereinafter: T&C) contain the terms and conditions of agreements arranged between the webshop operated under the https://paunochbirtok.hu/ domain address (hereinafter: Webshop), dealing with the sales of quality bottled wines (operated by: Paunoch Birtok Kft. – hereinafter: Service Provider) and the persons above the age of 18 purchasing and consuming its products   (hereinafter: Customer and/or Purchaser), which are expressly accepted and acknowledged by Customer and shall be taken into account and adhere to by both Service Provider and Customer within the framework of this contractual relationship.

1.1 The Privacy Policy governs the rules of the management of Customer’s private data.

1.2 Those technical instructions required to use the website, which are not included in this T&C, are provided by the information available on the website. The customer acknowledges the provisions of these T&C by using this website.

1.3. Language of the Agreement: Hungarian.

1.4. The Agreement is deemed an electronically (online) arranged agreement, which is not filed by Service Provider.

The Service Provider does not submit itself to any code of conduct.

The customer accepts and acknowledges the provisions of these T&C by using the webshop, and is aware of the fact that alcoholic drinks may be ordered only by persons over the age of 18.

2. Service Provider’s data

Name: Paunoch Birtok Kft.
Registered seat: 3932 Erdőbénye, Kossuth Lajos street 46.
Postal address: 3932 Erdőbénye, Kossuth Lajos street 46.
Name of Representative: Péter Paunoch
Company reg. No.: 05-09-030822
Registering Court: Borsod-Abaúj-Zemplén County
VAT No.: 26104317-2-05
EU VAT No.: HU26104317
Bank account holder: CIB
Bank account No.: 10700581-70463899-51100005
IBAN bank account No.: HU36 10700581-70463899-50000005
E-mail address: paunochbirtok@paunochbirtok.hu
Phone No.: +36 30 677 4961

Domain Service Provider
Name: Nethely Kft.
Registered seat: 1115 Budapest, Halmi u. 29.
VAT No.: 23358005-2-43
WEB: http://netghely.hu
E-mail: info@nethely.hu

2.1. Activity performed on the website

On the website, the sales of wines produced by the  Winery is performed

2.2. Products available for purchase

Products of Paunoch Birtok, which may be ordered and purchased via the webshop, as well as personally in our property center: 3932 Erdőbénye, Kossuth Lajos street 46.. upon prior arrangement via phone or e-mail.

3. Terms of Use

3.1 Liability

Description of liability matters, eg. in which cases or failures does the Service Provider exclude its liability. For example:

The User may use the website only at his/her own risk and acknowledges that Service Provider shall not be liable for any damages or loss arising from the use of the website, beyond the liability for damages caused by an intentional act, serious negligence, or crime, or for liability for the breach of contract risking life, health or personal safety.

Service Provider disclaims all liabilities for the user’s behavior, declaring that User shall be solely liable for his/her conduct.

User shall ensure that during the use of the website, third-party rights and provisions of law shall not be infringed either directly, or indirectly.

Service Provider is entitled but not required to monitor contents made available by Users during the use of the website (eg. comment), and in regards to the disclosed contents, Service Provider is entitled but not required to look for signs of illegal activities, and shall not be liable for such contents.

3.2. Intellectual Property Rights

The complete website is protected by copyright, therefore its copy, modification, or publishing are prohibited!

4. Purchase on the website

4.1. Ordering process

The website provides product introduction and online ordering opportunities for Users, who can browse the website using menu points. The products are available according to product types.

The products for order are available by clicking on the ‘WINES’ button.

The detailed product page is available from the product list by clicking on the product’s name, here the User can get informed about the detailed specification and price of the product to be ordered.

The selected product may be put into the cart by clicking on the ‘ADD TO CART’ button, the required quantity may be set next to the button on the left side. The User may check the content of the cart using the ‘CART’ menu point. Here the User may modify the quantity of the product placed into the cart, or delete the actual item. If You have modified the Cart’s content, click on the ‘Update Cart’ button. The User may proceed with the purchase by clicking on the ‘Checkout’ button.

During registration or purchase without registration, the User shall provide the following data: name, address, phone number, e-mail address, invoicing address or different delivery address. At registration, a password shall be also provided. User receives an e-mail about the successful registration. User may request the cancellation of the registration in an e-mail from the Service Provider, in this case (s)he shall re-register for new purchases. User shall be liable for the confidentiality of access data. User is liable for updating his/her data, and shall notify Service Provider about any abuse of his/her data. In case of forgot password, a new one may be requested on the website to the registered e-mail address. If the User has already registered to the website, the ordering process may be continued by providing his/her e-mail address and password.

As the next step of the order, User has to choose an appropriate delivery time and payment method. User may check all previously provided data, the products to be ordered as well as their quantity. If everything seems to be OK, then s(he) may finalize his/her order by clicking on the ‘Send order’ button. User receives a confirmation on the website and in an e-mail. If, following sending the order (eg. in the confirmation e-mail), observes any incorrect data, (s)he shall forthwith, but at least within 24 hours notify Service Provider using the  paunochbirtok@paunochbirtok.hu e-mail address.

4.2. Offer validity, confirmation

Service Provider notifies User about the confirmation within 48 hours. If User does not receive the confirmation within 48 hours, then the offer is not binding on User anymore, and is not required to receive the ordered product.

The confirmation e-mail contains the data provided during the purchase, including the ordering data, the name and price of the ordered product(s), the selected payment and delivery methods, the order number, and User’s remarks regarding the order.

4.3. Arrangement of the Agreement

The submission of the order is deemed an electronic agreement, which is governed by the provisions of Act CVIII. of 2001 About Certain Matters Regarding the Services Related to the Electronic Trading Services and Information Society. The Agreement arranged between the Customer and the Company is the subject of the Government Decree 45/2014 (II.26) About the Detailed Rules of Agreements Between Customer and Company, taking the provisions of European Directive 2011/83/EU into consideration.

The Agreement is arranged upon the reception of the automatic confirmation.

4.4. Invoice

Service Provider shall issue an invoice right following the reception of the amount, and sends it to Customer.

 4.5. Payment

Payment using credit/debit card or wire transfer are available on our webshop.

4.5.1. Wire transfer:

You may pay the required amount using a wire transfer too.

Data required for wire transfer:

Beneficiary’s name: Paunoch Birtok Kft.

Beneficiary’s bank account No.: please transfer the requested amount to the 10700581-70463899-51100005 (HU36 10700581-70463899-50000005) bank account held by the CIB Bank.

Please provide your full name and order No. in the bank statement.

If choosing this payment method, User shall transfer the total purchase price, including the price of the ordered product(s) and the delivery fee according to the selected delivery method to Service Provider’s bank account. Wire transfer has additional costs. Upon the amount is received on the Service Provider’s bank account, a confirmation message is sent to User amount about the initiation of stockpiling, then the ordered product is sent by post.

4.5.2. Credit/debit card in the webshop

Using credit/debit card payment, You can pay in our webshop in an easy and convenient way. Following ordering the selected products, You are redirected to the website of Barion where You can pay via an encrypted transaction considered the most secure method by the online pltaform using your credit/debit card. Our Customers have nothing else to do than clicking on the ‘credit/debit card payment’ button, then provide the card’s number, expiry date and CCV code on the K&H Bank’s payment server. Barion accepts VISA, VISA Electron, V-Pay, MasterCard, and Maestro cards.

Credit/debit cards issued exclusively for electronic use may be accepted only if their use is permitted by the bank issuing the card! Please contact your bank, whether your card is suitable for online payment.

Barion issues an authorization number following the successful purchase, which is worth noting or print the whole page. In the event of an unsuccessful payment, Barion notifies the User about the reason for the failure.

Payment process:

  1. In the webshop, select that product, whose price You wish to pay using credit/debit card.
  2. Then You are redirected to Barion secure payment site, where You have to provide the credit/debit card’s data (card No, cardholder’s name, expiry month/year) first. Please always check whether You are really redirected to the secure payment site, and if not, then check if the other site performing the transaction has the required security protocol or not.
  3. Following providing the card data, You can launch the transaction by clicking on the ‘payment’ or similar button. Following the payment, You return to the webshop or the Service Provider’s site, where (or via e-mail) You always get a confirmation about the transaction results. In the case of credit/debit card payment, following the successful transaction (if the credit/debit card is accepted and considered as having enough coverage), the Barion initiates the charging of the bank account. The amount of the charge is identical to the amount displayed and confirmed during the transaction.

4.6. Modify or delete the order

Pursuant to the Act CVIII. of 2001, the webshop shall immediately send a notification to Customer about the reception of the order. This notification is not deemed an arrangement between Customer and Seller! It just notifies the Purchaser that the order request is registered by our system, and forwarded to the competent colleague. If it is not received by Customer within 48 hours, then the offer is not binding on Customer anymore. Seller provides the opportunity to Customer to electronically cancel his/her order until the performance of the order. At the beginning of the performance of the order, the Customer receives an e-mail notification about the expected date of the delivery and the fact of the performance, after that point, cancellation of the order is possible only via any of the availabilities under the ‘Contact’ menu point.

5. Reception options, Delivery

Delivery within Hungary

The delivery is performed in Hungary via courier service.

Free shipping on orders over a gross 20,000 HUF is provided in the entire region of Hungary.

For purchases below this limit, the gross shipping fee is 2000 HUF, if you choose to make a payment in advance via bank transfer or pay with credit card.

5.1. TNT courier service

A detailed description of delivery method

The product is delivered by UPS courier service.

The delivery is made from Monday to Friday between 8am to 5pm. The parcel may be tracked following its pick-up by entering the 9-digit tracking code sent by us to the UPS website 

https://www.ups.com/track?loc=en_HU&requester=ST/

If there is nobody in the provided time to receive the parcel, then the courier attempts to deliver it on the next day, or please contact the courier to make the parcel delivered as soon as possible.

When receiving the product, the User shall check whether the product is free of damages. If any damage is noticed on the packing or the product itself, the User may request to draw up minutes, because by receiving the parcel from the courier or signing the reception document, the quality and quantity acceptance of the product is performed, meaning that the User may only exercise his/her cooling off right, therefore the courier can not accept any quality or quantity complaints afterwards.

If the parcel or the product is obviously damaged at reception, and the damage occurred prior to the reception of the product, the return or replacement of the product is provided by the Service Provider free of charge. Service Provider is not liable for any damage observed following the reception!

5.2. Sprinter Courier Service

Parcels ordered to a Hungarian address may also be shipped with the help of SPRINTER Courier Service Limited Liability Company.

We will hand over your parcel to the Sprinter Courier Service within 5 business days of your order. The Sprinter Courier Service will notify the customer by email of the expected arrival of the parcel by providing the delivery note / parcel number.

Then the Sprinter Courier Service will send an email notification about the expected arrival of the parcel during the evening hours of the business day prior to shipment.

The email contains the following information:

  • date of delivery
  • delivery note / parcel number
  • cash on delivery amount

If you would like to track the delivery of the parcel online, click on the Parcel Search [Csomagkereső] button on sprinter.hu website and enter the parcel’s delivery note / parcel number.

If the courier is unable to deliver the parcel to the address specified earlier, it will leave a delivery notice. Then you can inquire about the shipment at the telephone number indicated on the notification. In case of an unsuccessful delivery, the Sprinter Courier Service will make a second attempt to deliver the parcel free of charge at a new time agreed upon with the customer.

If you decide that you would like to receive your parcel at a different address, please inform the Customer Service of Sprinter about the change by email or phone. The date of delivery will be rescheduled by the Customer Service of Sprinter and the parcel will be shipped to the new address the next day or at the time agreed upon.

The Customer Service of the Sprinter Courier Service:
is available from 8AM to 7PM on business days by any of the following contacts:

Phone number: 061/347-3000 E-mail: info@sprinter.hu Website: www.sprinter.hu

Free shipping on orders over gross 20,000 HUF is provided in the entire region of Hungary.

For purchases below this limit, the gross shipping fee is 2000 HUF, if you choose to make a payment in advance via bank transfer or pay with credit card.

Delivery time: 5 business days

5.5. Personal reception

In 3932 Erdőbénye, Kossuth Lajos street 46.. on a previously arranged date.

6. Cooling-off

6.1. Procedure of exercising cooling-off right

The provisions of this point refer only to natural persons acting beyond his/her profession or business activity, who purchase, order, receive, use, avail of product, or who is addressed by the commercial communication or offer related to the product (hereinafter: Customer).

Customer may exercise his/her cooling-off right within fourteen (14) days from the delivery of the product or the provision of the latest Service received by the Customer or the third party other than the hauler designated by the Customer.

Customer is entitled to exercise his/her cooling-off right between the date of arranging the Agreement and the reception of the product.

If the Customer is willing to exercise his/her cooling off right, (s)he shall send his/her statement (eg. via post, telefax, or electronic mail) to any of the Service Provider’s availabilities specified in the point 1. of this T&C.

Service Provider shall forthwith confirm the reception of Customer’s cooling off the statement in an e-mail.

In case of written cooling off, it shall be deemed received in time, if the Customer sends his/her relevant statement within 14 calendar days to Service Provider.

A notification sent by post, the dispatch to the post, whilst in case of e-mail or telefax, the date of sending the e-mail or fax is taken into consideration by Service Provider regarding calculating the deadline. Customer sends his/her mail as registered mail, to prove the date of the dispatch.

In case of cooling off, Customer shall return the ordered product to Service Provider’s address specified in point 1.2 without any unreasonable delay, but latest on the 14th day from sending the cooling-off statement. The deadline is deemed met if Customer sends (dispatches on post or hands over to the courier designated by him/her) the product prior to the expiry of the 14-day deadline.

The cost of returning the product to Service Provider’s address burdens the Customer. Service Provider is not required to receive a parcel sent by cash-on-delivery. Besides the return costs of the product, Customer shall not pay any other costs regarding the cooling off.

If Customer exercises his/her cooling-off right, Service Provider shall forthwith, but latest within 14 days from receiving Customer’s cooling off statement, return all remuneration paid by Customer, including the transportation (delivery) cost, excluding those additional costs, which arise due to the fact that Customer chose a delivery method other than the usual and cheapest method offered by Service Provider. Service Provider is entitled to retain the return as long as it does not receive the product, or Customer does not certify that (s)he returned it:  Service Provider takes the earlier date into consideration.

Service Provider applies a payment method identical to the method applied during the original transaction, except Customer expressly gives his/her consent to avail another payment method; Customer shall not pay any additional cost due to choosing this returning method.

Customer is liable for the amortization of the product only if it is due to the use of the product exceeding the level required to check the nature, properties, and operation of the product.

6.2. When the Customer is not entitled to exercise his/her cooling-off right

In case of Agreement in the subject of the provision of services, following the performance of the whole service, if Service Provider began the performance upon the prior consent of Customer, and Customer acknowledged that following the performance of the whole service, (s)he loses his/her cooling-off right.

In the case of such product or service, whose price or fee depends on the fluctuation beyond Service Provider’s control within the 14 days cooling-off period.

In case of such pre-manufactured product, which was created by Service Provider upon Customer’s order or request, or in case of such product, which is obviously customized on the actual Customer.

In regards perishable products or products not preserving their quality for longer periods of time.

In regards such sealed packed product, which shall not be returned due to health or hygienic reasons following opening.

In regards such product, which, by its nature, is inseparably mixed with other products following delivery.

In regards such alcoholic drinks, whose real value depends on market fluctuations beyond Service Provider’s control, and whose price was arranged by the parties when signing the Sale & Purchase Agreement, although it is performed only following the 30th day from the arrangement.

In regards such Contract for Service, where Service Provider contact User on User’s explicit request to perform urgent repair or maintenance works.

In regards the sale of sealed packed audio or video recording and computer software, if Customer has opened the package following delivery.

In regards newspaper and magazine, excluding subscriptions.

In regards Agreements arranged on public auction.

Accommodation agreement except home service, transportation, vehicle rent, catering or freetime-related service, if a deadline or a term for the performance is specified in the Agreement.

In regards digital data content provided on immaterial data medium, if Service Provider began the performance upon Customer’s explicit, prior consent, and Customer provided a statement of acknowledgement, that (s)he loses his/her cooling off right following the beginning of the performance.

7. Warranty

7.1. Product warranty

We replace the unopened bottle within 15 days pursuant to the Warranty Decree. Following this deadline, Customer loses his/her right. A report shall be made about it. In the report, the date of arranging the Agreement and the failure’s description shall be recorder. Customer shall prove the date of arranging the Agreement. If the Company denies Customer’s claim, then it shall notify him/her about that (s)he may turn to the Conciliation Board operating at the Economic Association.

As product warranty claim, User may request only the repair or replacement of the defective product.

The product is deemed defective, if it does not meet the quality requirements effective at the time of entry on the market or does not have the properties presented in the manufacturer’s specification.

User may exercise his/her product warranty claim only against the manufacturer or distributor of the goods.

The product’s failure shall be proven by User in case of submitting product warranty claim.

Manufacturer (Distributor) is excluded from its product warranty liability only if it can prove that:

  • the product was manufactured or distributed beyond its business activity, or
  • the failure, according to the science and technology, was not obvious in the date of distribution, or
  • the product’s failure is due to the application of provisions of laws or mandatory regulatory requirements.

Manufacturer (Distributor) is required to prove only one exclusion reason.

7.2. Warranty

About the mandatory warranty of certain durables, the Government Decree 151/2003 (IX.22) About the Warranty of Certain Durables includes provisions. The Decree’s (material) effect covers only new products distributed in Hungary within customer agreements, and only products listed in the Annex of the Decree.

In regards the durables listed in the Annex of the Government Decree, the mandatory warranty is 1 year, whose starting date is the day of handing over the product to Customer, or if the installation is performed by Service Provider or its assigned party, the date of installation.

The Company is exempted from its warranty liability only if it proves that the reason of the failure occurred following the performance.

Regarding the same failure, Customer shall not submit claims for product warranty and warranty in parallel, otherwise the User is entitled to exercise his/her warranty rights nevertheless the rights specified in points 5.1 and 5.2.

7.3. Enforcement of warranty claims

User may submit his/her warranty claims on the following availabilities:

Name: Paunoch Birtok Kft.
Mailing address: 3932 Erdőbénye, Kossuth Lajos utca 46.
Phone No.: +36 30 677 4961
E-mail address: paunochbirtok@paunochbirtok.hu
Law enforcement opportunities
Place, date and method of submitting complaints

User may submit his/her customer complaints related to the product or the activity of the Service Provider on the following availabilities:

Name: Paunoch Birtok Kft.
Mailing address: 3932 Erdőbénye, Kossuth Lajos utca 46.
Phone No.: +36 30 677 4961
E-mail address: paunochbirtok@paunochbirtok.hu

Service Provider shall forthwith, if possible, rectify the issues stated in the complaint. If the immediate rectification of the oral complaint is not possible due to the nature of the complaint or if User does not accept the complaint management, then Service Provider shall draw up minutes about the complaint, which shall be preserved for five years including its reply.

Service Provider shall personally (in the business premises) hand over one copy of the minutes to User in case of oral complaint, or if it is not possible, then it shall act according to the provisions regulating written complaints.

Service Provider, in case of an oral complaint made via phone or another electronic telecommunication service, shall send the copy of the minutes to User latest together with the substantive reply.

In every other case, Service Provider acts according to the provisions referring to the written complaints.

An individual ID is attached to the complaint recorder via phone or other telecommunication service by Service Provider, which simplifies the search for the complaint later.

Service Provider shall reply to the received written complaint within 30 days. The act means, in terms of this agreement, dispatch to post.

In case of denying the complaint, Service Provider shall notify User about the reasons of the denial.

7.4. Other law enforcement opportunities

If the legal dispute arising between Service Provider and User can not be managed by negotiations, the following law enforcement options are available for User:

  • Submitting a complaints to the Consumer Protection Authority,
  • Initiation of Conciliation Board (the availabilities of the Conciliation Board competent according to the Service Provider’s registered seat shall be presented),
  • Initiation of Court Proceedings

Complaint forums

Consumer Protection Authority
Borsod-Abaúj-Zemplén County Government Office
Szerencsi Region
Region Head: Dr. Tünde Ináncsi
Address: 3900 Szerencs, Rákóczi rd. 63.
Phone No.: +36 47 777 561
Fax: +36 47 495 090
E-mail: jaras.szerencs@borsod.gov.hu

Customer reception: Monday: 8.00-12.00 & 13.00-16.00, Wednesday: 8.00-12.00 & 13.00-16.00, Friday: 8.00-12.00

Conciliation Board:
Borsod-Abaúj-Zemplén Country Conciliation Board
Address: 3525 Miskolc, Szentpáli str. 1.
Phone No.: +36 46 501-091, 501-870
Fax No.: +36 46 501099
President: Dr. Péter Tulipán
E-mail address: bekeltetes@bokik.hu

Commercial Authority:
Mád Local Council’s Notary
Phone: +36 47 348003/ ext. 11., +36 20 5811 077 / ext. 11
Fax: +47 348016
E-mail: madph@t-online.hu

Consumer Protection links
You can find more consumer protection information on the following websites:
General laws and regulations
Specialties of electronic trade
Webshops
Tele-contracts

8. Other

8.1. Modification of T&C and prices

Service Provider may modify this T&C and the prices of the products distributed on the website anytime for the future, the modification enters into force on the day following the disclosure on the website, and effective only for transactions following the entry into force.

Procedure in case of the incorrect price

It may occur, that due to eg. technical failure, an incorrect price is presented on the website. In case of an incorrect price, we can not accept the order (your offer) at the incorrect price, and we are not required to sell the product for the incorrect price. In case of placing an offer with an incorrect price, no Agreement is arranged between us.

If You place an offer with an incorrect price, the system automatically confirms that, although it shall not be deemed as the acceptance of the offer from our side. In case of placing an offer with incorrect price, the sales colleague raises your attention on the correct price, and may offer the arrangement of the Agreement with the correct price.

You are not required to place on offer with the correct price notified by the Seller instead of the incorrect price. In such case, no Agreement is arranged between the parties.

8.2. Technical limits

Purchase on the website assumes the knowledge and acknowledgement of the limitations of the Internet from User, in particular the technical performances and occurring failures. Service Provider shall not be liable for any operational failure observed in the Internet network, preventing the operation of the website and therefore the purchase.

8.3. Data privacy policy

Service Provider’s data Privacy Policy is available on the following link: https://paunochbirtok/privacy-policy/

The protection of your personal data has a key importance for VAXCO Vineyards Kft. The collection and processing of personal data suitable for identification, required for the operation of our website meet the Hungarian data privacy regulations in force (Act CXII. of 2011).

Your personal data are managed confidentially, and not forwarded to third parties, except if it is required for the performance of this Agreement (eg. post, courier service). Our colleagues, partners and service providers shall also comply with the confidentiality regulations.

Entry into force of these Terms & Conditions: 16th June 2023.

Thank You for your inquiry!

currency
EUR Euro

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