Berénykert Kft.

Webhop General Terms and Conditions

​

These general terms and conditions (hereinafter referred to as "Terms and Conditions") by Berénykert Kft. (8093 Lovasberény, Kossuth L. u. 50. ), as Seller,www.diobirtok.comdefines the rules for shopping in a webshop operated on a website (hereinafter: "Webshop").

In order to make a purchase in the Webshop, it is necessary to enter appropriate personal data. By making a purchase in the Webshop, you, as a Buyer, acknowledge that you have read these Terms and Conditions and agree with their contents, accepting them as binding on you.

You also expressly acknowledge that you must pay the purchase price of the ordered Products.

 

1. Seller's details

The Seller is Berénykert Kft., whose details are as follows:

• company registration number: 07-09-018407

• registered office: 8097 Nadap, Hegyalja út 7.

• mailing address: 8097 Nadap, Hegyalja út 7.

• tax number: 22681058-2-07

• account managing bank: Raiffeisen 

• bank account number: 12023204-01219533-00100005

• phone number: +36 30 252 5059

• email address: info@diobirtok.com

 

Customer service:
 

HU-8097 Nadap, Hegyalja u. 7.
Phone: +36 30 252 5059
Email: info@diobirtok.com

 

2. Procedure of the order, conclusion of the contract

The Customer can order the Products listed in the Webshop in the Webshop.

 

The Customer can assemble the Products selected in the Webshop in the Webshop basket. In order to make a purchase in the Webshop, the Buyer must provide the following data:

 

• e-mail address

• full name

• Home address

• Delivery Address

To order the contents of the Basket, the Buyer must also accept the terms of these GTC.
Tools provided for identifying and correcting data entry errors before sending the contractual statement:

- the contents of the Basket can be checked, changed or even deleted at any time;

- the content of personal data (e.g. billing address, delivery address, telephone number, etc.) can be checked and changed during the purchase.

 

The Seller bears no responsibility for delivery delays or other problems or errors that can be traced back to erroneous and/or inaccurate order data provided by the Buyer.

 

By providing the above mandatory data, as well as accepting these GTC and finalizing the order, the Customer declares that he is able to act and accepts the terms of these GTC.

 

The system automatically confirms receipt of the order immediately to the e-mail address provided by the Customer.

 

The Seller accepts the order from the Buyer only if the Buyer fills in all the fields required for the order.

The Seller will send information about the confirmation of the order and the expected date of delivery by e-mail within 48 hours (Return confirmation). The order becomes final with this Confirmation, i.e. with this Confirmation - and the payment of the purchase price - the Seller becomes obligated to deliver the Product.

 

The contract thus created between the Parties is considered a written contract, and the Seller will keep it for 5 years. The Webshop is available in Hungarian.

Orders are processed and delivered on weekdays, Customer Service is closed on weekends.

The Seller reserves the right to delete the data upon receipt of the orders, if the authenticity of the Customer's data is questionable or incomprehensible, and to classify the orders submitted with these data as invalid. Once the order has been approved, the order cannot be canceled electronically.

 

3. Essential characteristics of the subject of the contract

A detailed description and the price to be paid can be found next to each Product. The images are illustrations that well reflect the main features of the Products, however, minor differences may occur. In the case of ordering the Product, if delivery costs are incurred, they are borne by the Buyer.

 

4. Delivery

In the Confirmation, the agreed delivery deadline is specified by the Seller exactly. The general delivery time, if the ordered product is in stock, is 3 - 5 working days. In the case of products that are not in stock, the Seller will inform the Buyer of the expected delivery date.

Products are delivered using a courier service. The delivery fee is borne by the Buyer. The basic delivery cost is HUF 1,250 + VAT 

 

5. Product acceptance

When receiving the Product, the Buyer is obliged to check the quantity and packaging of the delivered Products. The Buyer must report any comments related to the quantity or damage to the Product's packaging without delay, and in the event of damage or shortages, the Buyer must file a report with the courier service.

After receiving the Product, we can only accept objections regarding defects that could not have been detected even with due care at the time of receipt.
 

The Buyer can send his complaint about the Product or performance to the Seller's Customer Service to the specified e-mail address or by post. The Seller investigates the complaint immediately and informs the Buyer in writing of the results of the investigation.
 

6. The purchase price, payment

The purchase price is always the amount indicated next to the selected Product, which, if not indicated separately, already includes VAT. The purchase price of the Products does not include the cost of delivery.

In Hungary, you can choose from the following payment methods:

1. Cash on delivery upon receipt of the package.

2. Using the Paypal payment system.

 

The Seller reserves the right to change the prices of the Products that can be ordered in the Webshop, provided that the modification takes effect at the same time as it appears in the Webshop. The modification does not affect the purchase price of Products already ordered.

If, despite all the Seller's care, an incorrect price is displayed on the Webshop, especially with regard to the obviously incorrect, e.g. for a price of HUF "0" or HUF "1" that is significantly different from the well-known, generally accepted or estimated price of the Product, which may appear due to a system error, then the Seller is not obliged to deliver the Product at the wrong price, but can offer delivery at the correct price, upon knowledge of which the Customer may abandon his intention to purchase.

 

7. Warranty for the Product

7.1. Accessories warranty

In which case can you exercise your accessory warranty right?

In the event of defective performance by the Seller, you can enforce a warranty claim against the company in accordance with the rules of the Civil Code.

 

What rights are you entitled to based on your warranty claim?

You can - at your choice - use the following accessory warranty claims:

 

you can request a repair or replacement, unless the fulfillment of the request you choose is impossible or would involve disproportionate additional costs for the company compared to the fulfillment of another request. If you did not or could not ask for the repair or replacement, you can request a proportional reduction of the compensation or you can repair the defect at the expense of the company, or you can have it repaired by someone else or - in the last case - you can also withdraw from the contract.

 

You can transfer from your chosen accessory warranty right to another, but you will bear the cost of the transfer, unless it was justified or the company gave a reason for it.

 

What is the deadline for asserting your warranty claim?

You are obliged to report the error immediately after discovering it, but no later than within two months of discovering the error. At the same time, we would like to draw your attention to the fact that you can only order food in the Webshop - with regard to the warranty period of the food and the XLVI of 2008 on the food chain and official supervision. to paragraph (2) of § 14 of the Act - You can enforce your accessory warranty claim until the end of the product's shelf life or quality preservation period. 

 

Who can you enforce your accessory warranty claim against?

You can enforce your accessory warranty claim against the Seller.

 

7.2. Product warranty

In what cases can you use your Product Warranty right?

In the event of a defect in the Product, you - according to your choice - in accordance with 8.1. you can assert your right or Product Warranty claim specified in point.

 

What rights do you have based on your Product Warranty claim?

As a product warranty claim, you can only request the repair or replacement of the defective Product.

 

In which case is the Product considered defective?

The Product is defective if it does not meet the quality requirements in force at the time it was placed on the market or if it does not have the properties described by the manufacturer.

 

What is the deadline for asserting your Product Warranty claim?

You can assert your product warranty claim within two years of the Product being placed on the market by the manufacturer, or if the Product's warranty period is shorter, in that case - taking into account the warranty period of foodstuffs and the XLVI of 2008 on the food chain and official supervision. § 14, Paragraph (2) of the Act - You can enforce your product warranty claim until the end of the product's shelf life or quality preservation period. After this deadline, you will lose this right.

 

Against whom and under what other conditions can you enforce your Product Warranty claim?

You may only exercise your product warranty claim against the manufacturer or distributor of the Product. You must prove the fault of the Product in the event of a Product Warranty claim.

 

In what cases is the manufacturer (distributor) exempt from its Product Warranty obligation?

The manufacturer (distributor) is only released from its Product Warranty obligation if it can prove that:

- the Product was not manufactured or marketed as part of its business activities, or

- according to the state of science and technology, the defect was not recognizable at the time of placing it on the market or

- the defect of the Product results from the application of legislation or mandatory official regulations.

It is sufficient for the manufacturer (distributor) to prove one reason for exemption.

 

Please note that due to the same fault, you cannot assert a claim for accessory warranty and product warranty at the same time, in parallel with each other. However, if your product warranty claim is successfully asserted, you may assert your accessory warranty claim for the replaced Product or repaired part against the manufacturer.

 

8. Withdrawal

8.1. Right of withdrawal

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

 

We would like to inform you that due to the nature of the Products and for reasons of hygiene and health, you can only exercise your right of withdrawal in the case of Products with unopened packaging.

 

The withdrawal period expires 14 days after the day on which you or a third party other than the carrier designated by you receives the Product.

 

If you wish to exercise your right of withdrawal, you must send a clear statement of your intention to withdraw (e.g. by post, fax or electronic mail) to the following address:

 

Berénykert Kft.

8097 Nadap, Hegyalja u. 7.

Phone: +36 30 252 5059

Email: info@diobirtok.com

 

You can use it for this purposestatement of withdrawal/termination- sample as well. 

 

You exercise your right of withdrawal within the deadline if you send your withdrawal statement before the deadline indicated above.

 

8.2. Legal effects of withdrawal

If you withdraw from this contract, we will immediately, but no later than within 14 days of receipt of your withdrawal statement, refund all the consideration you have provided, including the cost of transportation. During the refund, we use the same payment method used during the original transaction, unless you specifically give your consent to use another payment method; you will not incur any additional costs due to the application of this refund method.

 

We can withhold the refund until we have received the Product back or you have not confirmed that you have returned it: the earlier of the two dates shall be taken into account.

 

You are obliged to return or hand over the Product to us without undue delay, but no later than 14 days from the date of notification of your withdrawal statement. The deadline is considered met if you send the Product before the 14-day deadline.

 

You bear the direct cost of returning the Product.

 

You can only be held responsible for the decrease in value of the Product if it occurred due to use exceeding the use necessary to determine the nature, properties and operation of the Product.

 

9. Warranty

Due to the nature of the Products, the Seller does not provide any warranty.

 

10. Technical conditions

The security level of the Webshop is adequate, its use does not pose any risk, however, the Seller recommends that the Buyer take the following precautions: use virus and spyware protection software with an up-to-date database, install security updates for the operating system.

 

It is the Customer's responsibility to provide the Internet access and the necessary tools (hardware, software, etc.) to access the Webshop.

 

Shopping in the Webshop presupposes the Buyer's knowledge of the technical and technical limitations of the Internet and acceptance of the potential for errors associated with technology. Internet usage may incur a charge.

 

The Seller is not responsible for any damage caused by connecting to the Webshop. The Buyer is responsible for protecting his computer and the data on it.

 

The Seller reserves the right to awww.diobirtok.commodify or eliminate any of its content elements without prior warning, or change their appearance, content, or operation - The Seller assumes no responsibility for possible malfunctions or access errors.

 

11. Complaint handling, Conciliation board

The goal of our webshop and Berénykert Kft. is to deliver all products in good quality, with the complete satisfaction of the customer. In the event that the buyer has any complaint regarding the contract or its performance, he can communicate his complaint to the above telephone number, e-mail address, or by letter.

 

Berénykert Kft. will respond to the written complaint in writing within 30 days and, in the case of a negative response, will give reasons for the rejection.

 

We would like to inform you that if your complaint is rejected, you can initiate an official or conciliation body procedure with your complaint.

 

If the consumer notices a violation of his consumer rights, he is entitled to file a complaint with the competent consumer protection authority according to his place of residence. After evaluating the complaint, the authority decides on the conduct of the consumer protection procedure. The first-level official tasks for consumer protection are carried out by district offices competent according to the consumer's place of residence, their list and contact information can be found here: http://jarasinfo.gov.hu/

 

With the fulfillment of the contract, as well as with your complaint about the defect of the Product, you can contact the Conciliation Board of your place of residence or place of stay. The competence of the Conciliation Boards is established at the county level, the list of the boards and their contact informationherewill find it.

 

Contact information of the Conciliation Board responsible for the company's headquarters:

 

Fejér County Conciliation Board

Address: 8000 Székesfehérvár, Hosszúsétátér 4-6.

Telephone number: (22) 510-310

Fax number: (22) 510-312

E-mail address:fmkik@fmkik.hu

​

In the event of a cross-border consumer dispute related to an online sales contract, only the conciliation board operating under the Budapest Chamber of Commerce and Industry is competent for the proceedings before the conciliation board.

​

We would also like to inform you that in the event of a customer complaint, after registration, you can use the EU online dispute resolution platform. In this case, the customer can submit his complaint via the following online website:http://ec.europa.eu/odr

​

12. Final Provisions

The Seller is entitled to unilaterally modify the terms of these GTC at any time. Any modification will take effect at the same time as it appears in the Webshop.

 

The Parties stipulate the application of Hungarian law to this contract, as well as to the ordering of the Product on the Webshop.

 

The Contracting Parties will do everything possible to resolve any disputes through negotiations. If it is not possible to settle the legal dispute through negotiation, the Contracting Parties submit themselves to the exclusive jurisdiction of the Székesfehérvár District Court or the Székesfehérvár Court, depending on the value limit.

 

Berénykert Kft.'s liability for damages is limited to the purchase price of the purchased Products in view of the benefits included in the contract. The Seller is not subject to the Code of Conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.

 

Clauses 7 and 8 of these GTC apply exclusively to contracts concluded with consumers.

 

 

Valid from October 10, 2019

​

These GTC are in PDF format itt is available.