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Our business practice is to investigate our customers' concerns promptly and to rectify any errors found. We therefore record complaints and make it a priority to resolve them. In addition, we regularly analyze the comments received and use the results to improve our services and customer handling. The Provider treats complaints and complainants equally, without discrimination of any kind, under the same procedures and rules. Complaints handling shall be prompt, fair and substantive, with the cause of the complaint, the reasons for the complaint being identified and the complaint being rectified as soon as possible. During handling of complaints, the Provider shall consider and expect from its Customers reasonable and informed consumer behavior, acting with due care and diligence in the given situation. In dealing with complaints received, the Provider shall endeavor to provide a professional, substantive, explanatory and up-to-date response which meets the requirements of clarity.
This Complaints Handling Guide (hereinafter referred to as the Guide) is issued by the following provider:
Béres Vineyards and Winery Limited Liability Company
registered office and postal address: 3932 Erdőbénye, lot number: 085/18.
1037 Budapest, Mikoviny u. 2-4.; 1151 Budapest, Károlyi Sándor út 121.
Company registration number: 05-09-009868 Registered at Company Registry of Miskolc.
Tax number: 12906697-2-05
Community tax number: HU12906697
Telephone number: +36 47 536 001
E-mail address: [email protected]
The provisions of the Guide do not apply to data protection complaints or the exercise of data subjects' rights, information on which is provided in the Privacy Policy, which can be found at the following link: https://berestokaj.hu/en/privacy-notice
The Consumer may also register a complaint in the Customers’ Book on the site, the Consumer may also use the dispute resolution platform operated by the European Commission: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
The provisions of this Guide do not apply to the Customers’ Book or the online dispute resolution platform.
I. DEFINITIONS
Complaint: any individual request or notification against the Provider's activities, services or products, in which the Complainant objects to the Provider's actions and expresses a specific and clear claim in relation thereto. The Customer's request for general information, opinion or position from the Provider shall not be considered as a complaint.
Complainant: may be a natural person, a legal entity, an unincorporated business entity or any other entity that uses the Provider's services, or the recipient of the information or offer related to the service, or the representative of any of the above. The complainant is generally a customer of the Provider, but a person who complains about the Provider's conduct not in relation to a specific service, but in relation to other activities related to the service (such as advertising), shall also be considered a complainant.
Consumer: a natural person acting outside the scope of his/her profession, self-employment or business activity, who buys, orders, receives, uses, makes use of or is the addressee of commercial communications or offers relating to goods. For the purposes of the rules applicable to the conciliation body, a consumer is also defined as a civil organisation, a religious legal entity, a housing association, a housing cooperative, a micro, small or medium-sized enterprise, acting for purposes outside its own occupation or business activity, which buys, orders, receives, uses, makes use of or is the addressee of a commercial communication or offer relating to goods, as defined by a separate law.
Conciliation body: an organisation established on a permanent basis to deal with the settlement of consumer disputes through alternative dispute resolution, registered by the body (person) specified in this Act.
Client the Complainant and the Consumer together.
Product: Any marketable movable tangible property that can be taken into possession, excluding money, securities and financial instruments, and natural resources that can be used as a thing.
Service: any activity, other than the sale of a product, immovable property or rights in rem, which involves the creation of a result, the provision of a service or other conduct in order to satisfy a customer or client.
Goods: products, immovable property, rights in rem and services.
Sales Price: The price per unit or quantity of a product.
Unit price: The price per unit of measurement of a product as defined in the law implementing Act CLV of 1997 on Consumer Protection.
Commercial practice: any conduct, activity, omission, advertising, marketing or other commercial communication of the Service Provider or of any person acting for or on behalf of the Provider or the business directly related to the sale, supply or promotion of goods to consumers.
Commercial communication: the communication of information directly related to the undertaking's self-employed activity or economic activity, regardless of the medium or means of presentation.
Call for purchase: in commercial communications, the indication of the characteristics of the goods and their price or price, according to the means of communication used, in such a way as to enable the consumer to buy or use the goods.
Transactional decision: The consumer's decision whether, how and under what conditions to conclude a contract and whether to exercise any of his rights in relation to the goods.
Distribution: The making available of a product by an undertaking for sale, consumption or use, whether in return for payment or free of charge, including offering it to the consumer.
Authorised representative: the parties may act through an authorised representative. An authorised representative may be any natural or legal person, or an entity without legal personality. The following persons may not be authorised: persons under the age of 18; persons who have been disqualified from public office by a final court judgement; or persons who have been placed under a guardianship by a final court judgement.
Power of attorney: The power of attorney must meet the requirements of Article 325 of Act CXXX of 2016 on the Code of Civil Procedure.
II. APPLICABLE RULES
Civil Code: Act V of 2013 on the Civil Code
Act CXXX of 2016 on the Code of Civil Procedure
Act CLV of 1997 on Consumer Protection
Act CVIII of 2001 on certain aspects of electronic commerce services and information society services
Act CLXIV of 2005 on Trade
Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information
Government Decree No. 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses.
GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
III. COMPLAINTS HANDLING PROCEDURE
1. Reporting and registering a complaint
1. The ways in which Customers can register a complaint:
a) Oral complaints:
• In person
• by telephone
b) Written complaint:
• in person or by means of a document delivered by another person
• by post
• by electronic mail
2. Reporting a complaint orally (in person or by telephone)
If the Customer considers that the procedure complained about can be resolved on the spot or can be easily remedied or is based on a lack of information or a misunderstanding, the Customer may contact: the Provider's staff at the Provider's shop during opening hours or by telephone +36 47 536 000 from 9 a.m. to 5 p.m. on weekdays.
3. To lodge a written complaint
In the interest of more efficient administration, the Provider asks its Customers to submit their complaints in writing, if possible. In order for the complaint to be dealt with, it is necessary to provide a precise description of the specific case, a separate record of the complaints and their grounds in the case of multiple complaints, and to include a statement of the specific claim and a copy of the documents supporting the complaint. If there is a history of the complaint, the Provider will also request information on this history (e.g. order number, product name).
4. The Customer's signature is required for a written complaint to be valid. If the written complaint is submitted by a representative or by proxy, the Provider will verify the right of representation, therefore, if the parties act by proxy, the complaint must include the name of the natural person acting as proxy on the complaint request and the original power of attorney signed by the proxy, signed by at least two witnesses or written and signed in his/her own hand.
5. The customer may send a written complaint:
Company name: Béres Szőlőbirtok Kft.
Company's registered office: 3932 Erdőbénye, lot number: 085/18
E-mail address of the provider: [email protected]
2. Investigating and responding to a complaint
a) Oral complaint
1. The Provider will investigate the oral complaint without any delay and, if necessary, remedy it immediately.
2. If the Customer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Provider shall take a minutes of the complaint and shall provide the Customer with a copy of the minutes in the case of a verbal complaint made in person, or by telephone in the case of a verbal complaint made by telephone. Otherwise, the Provider shall act in accordance with the provisions applicable to written complaints.
3. The minutes may record:
• the name of the client;
• the client's address, registered office and, if necessary, postal address;
• the place, time and manner in which the complaint was lodged;
• a detailed description of the customer's complaint, with a separate record of the objections to which the complaint relates, in order to ensure that all the objections contained in the customer's complaint are fully investigated;
• the order/contract number involved in the complaint, and, depending on the case, the customer number;
• a list of documents, records and other evidence produced by the customer;
• a statement by the Provider of its position on the customer's complaint, where an immediate investigation of the complaint is possible;
• the signature of the person who took the minutes and, except in the case of an oral complaint made by telephone or other electronic communications service, the signature of the customer;
• the place and time of the taking of the minutes;
• in the case of an oral complaint made by telephone or other electronic communication service, the unique identification number of the complaint.
b) Written complaint
4. In case of a written complaint, the Provider shall examine the complaint on its merits and shall send its statement and its decision/action on the merits of the complaint, with precise reasons, to the Customer in writing within 15 days of the notification of the complaint. Upon request, the Provider shall also notify the result of the investigation by telephone or e-mail. In the course of the investigation of the complaint, the Provider may need additional information from the Customer or may need to contact an authority, in which case the time limit may be extended once by 15 days. In this case, it is in the Customer's interest to respond to such a request as soon as possible, as the Provider cannot continue the procedure until the deficiencies have been remedied. The Client shall be informed in writing of the extension of the deadline for reply and the reasons for it before the deadline for reply expires.
5. When dealing with complaints, the Provider shall endeavor to act within the shortest possible deadlines and shall ensure that its decision to investigate, rectify or reject the complaint is taken in accordance with the applicable legislation. It shall send its decision on a complaint to its customers in a clear and comprehensible manner, stating its reasons and responding to all the problems raised.
6. The Provider shall not charge the Consumer any extra fee for the investigation of the complaint.
7: In particular, the Provider may request the following information from the customer when handling complaints:
• name;
• contract number, customer number;
• Customer's address, registered office, postal address;
• telephone number;
• the method of notification;
• the product or service complained about;
• description of the complaint, reason for the complaint;
• the claim of the complainant;
• copies of documents in the customer's possession which are necessary to substantiate the complaint but which are not available from the service provider;
• for a customer acting by proxy, a valid power of attorney;
• other information necessary to investigate and respond to the complaint.
8. The data of the complaining customer will be processed in accordance with the provisions of the GDPR and the Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information, as set out in the Privacy Policy, which is available here: https://berestokaj.hu/en/privacy-notice
3. Description of the complaint handling process
1. Following the lodging of a complaint, the Provider's primary task is to decide whether or not the notification constitutes a complaint within the meaning of this Guide. If so, the complaint will be registered.
2. Once the complaint is registered, the investigation of the complaint will start. During the investigation stage, missing information and, if necessary, expert advice may be sought.
3. If all the information relevant to the complaint is available, the investigation phase is closed and a decision is taken.
4. There are three types of decision:
1. acceptance of the complaint
2. partial acceptance of the complaint
3. rejection of the complaint
5. The decision is followed by the preparation and sending of the customer's response at the end of the complaint procedure, in the form of communication specified by law or requested by the customer (in writing, by e-mail, etc.).
6. The Provider pays special attention to ensuring quality complaint handling, therefore, after the closure of each complaint, it conducts monitoring (analysis) activities with regard to the entire complaint handling process, including:
• the turnaround time of complaints, broken down by different aspects;
• the number of complaints;
• complaints related to specific products/services/transactions;
• overall customer satisfaction with the complaint handling;
• and customer satisfaction for each specific complaint case.
4. Information on legal remedies
1. In case of rejection of the complaint, the Provider shall inform the Client in writing of its position on the legal remedy, to which body, authority or court the Client may refer the complaint, depending on its nature. The Client shall have these possibilities even if the 30-day time limit for responding to the complaint has elapsed without result.
2. The possibilities for filing and remedying a complaint outside the Provider differ depending on whether the Complainant is a Consumer or a Non-Consumer and wishes to file a further complaint. In the case of a Consumer, the information on the rejection shall include the seat, telephone and Internet contact details and postal address of the competent authority or conciliation body of the consumer's place of residence or domicile. The information shall also indicate whether the provider will use the conciliation body procedure to settle the consumer dispute.
3: If the Provider's complaint handling does not lead to a satisfactory result for the Consumer or if the Consumer does not receive a response within the deadline set out in point III.1.b)4, the following remedies are available:
a) To the independent conciliation body of the county (capital city) chamber of commerce and industry (hereinafter referred to as the "Chamber") of the Consumer's place of residence or stay. In the absence of the Consumer's domicile or residence in the country, the competence of the conciliation body shall be established at the seat of the Provider, but at the request of the Consumer, the conciliation body designated in the Consumer's application shall be competent instead of the competent body.
The conciliation bodies shall have jurisdiction according to:
https://fogyasztovedelem.kormany.hu/#/bekelteto_testuletek
Competent conciliation body according to the place of establishment of the Provider:
Borsod-Abaúj-Zemplén County Conciliation Board
Address: 3525 Miskolc, Szentpáli u. 1.
Postal address: 3501 Miskolc Pf. 376.
Phone number: (46) 501-090
President: Dr. Péter Tulipán
E-mail address: [email protected]
The Conciliation Board is competent to settle consumer disputes out of court. The conciliation body's task is to try to reach an agreement between the parties to settle the consumer dispute and, if this is unsuccessful, to decide on the case in order to ensure that consumer rights are enforced in a simple, quick, efficient and cost-effective manner. At the request of the consumer or of the business (Provider), the Conciliation Body shall advise on the rights and obligations of the consumer.
b) Under the rules of the Code of Civil Procedure it may apply to the court having jurisdiction and competence.
If the complaint handling by the Provider is not satisfactory to the Complainant, who is not a consumer, the following remedies are available to him: in the event of any dispute, in particular concerning the formation, validity, effects and termination of the contract, as well as the breach of contract and its effects, he may apply to the competent court in accordance with the rules of the Code of Civil Procedure.
5. Complaints register and data protection
1. The Provider keeps a register of Client complaints and the measures taken to resolve them, which contains the following main data:
• the Complainant's details,
• the description of the complaint, the event or fact which is the subject of the complaint,
• the time and manner in which the complaint was lodged,
• a description of the action taken to redress the complaint and, in the event of refusal, the reasons for the refusal,
• the name(s) of the person(s) responsible for handling the complaint or implementing the measure, and the time limit for completion of the measure and for closure of the complaint,
• the information obtained during the investigation and any expert opinion,
• the decision on the claim identified in the complaint,
• the date and means of replying to the complaint,
• other information related to the analysis and improvement of the complaint handling (e.g. reason for complaint, frequency).
2. The Provider shall archive written complaints, including the record of the complaint made during the personal appearance, and the answers to them for three years and shall present them to the supervisory authorities upon their request. At the end of the retention period, the data carriers (documents) shall be discarded.
Erdőbénye, 25 November 2022.
Béres Vineyards and Winery Limited Liability Company