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These General Terms and Conditions apply to all electronic commerce services provided by Béres Vineyards and Winery Limited Liability Company (hereinafter referred to as “Provider”) through the website berestokaj.hu (hereinafter referred to as “Website”).
Registration and payment of the participation fee for the experiences published on the Website, in particular for wine tasting, and use of the Website shall be made exclusively in accordance with and on the basis of the provisions of these General Terms and Conditions.
The contract concluded by means of these General Terms and Conditions shall not constitute a written contract, shall not be registered and shall not be accessible subsequently. The language of the contract is Hungarian.
Please note that we do not apply a code of conduct.
Please be informed that pursuant to Article 16/A (1) of Act CLV of 1997 on Consumer Protection it is prohibited to sell or serve alcoholic beverages to persons under the age of eighteen. Accordingly, only persons over the age of eighteen are entitled to register for wine tasting.
I. THE 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 commercial activity is registered by the Mayor's Office of Erdőbénye under registration number 35/K/2014.
II. HOSTING PROVIDER
InteliArt Online Marketing Llc. (registered office: 2440 Százhalombatta Csalogány utca 19.; telephone: +36 20 77 25 707; e-mail: [email protected])
III. 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 XLVIII of 2008 on the Basic Conditions and Certain Restrictions of Economic Advertising Activities
Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information
Act LXXVI of 1999 on Copyright
Government Decree No. 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses.
Government Decree No. 210/2009 (IX. 29.) on the conditions for carrying out commercial activities
Government Decree No. 373/2021 (VI. 30.) on the detailed rules for contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services
Joint Decree No. 4/2009 (I. 30.) NFGM-SZMM on the detailed rules for the indication of the selling price and unit price of products and the fees for services
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
IV. DEFINITIONS
Website: the berestokaj.hu website.
E-commerce service: an information society service for the purpose of selling, acquiring, exchanging or otherwise using, in the course of trade, a marketable movable good, service, real estate, right of pecuniary value.
Customer: an adult natural person or legal entity using the e-commerce service provided by the Provider on the Béres Website, such as booking a wine tasting.
Business entity: a company, a European company limited by shares, an association, a European economic association, a European territorial association, a cooperative, a housing cooperative, a European cooperative, a water management association, a forestry association, a Hungarian branch of a foreign-based company, a public enterprise, another public enterprise, a company of individual legal persons, a joint venture, a bailiff's office, a notary's office, the law firm, the patent agent's office, the voluntary mutual insurance fund, the private pension fund, the individual company, the individual entrepreneur, and, in addition, in civil law relations relating to their business activities, the state, local government, the budgetary body, other legal persons applying the rules on the management of budgetary bodies under the law, the association, the public body and the foundation.
Parties: Provider and Customer jointly.
Wine tasting: a service sold by the Provider to a minimum of 10 persons during the request for a quote submitted via the Website, during which the Customers taste the wines produced by the Provider at the Provider's headquarters and visit the Provider's wine cellar.
Legal declaration: a declaration of intention to produce legal effects.
Offer: A legal declaration clearly expressing the intention to conclude a service contract and covering all material matters.
Binding offer: The Customer is bound by his offer if he makes a legal declaration clearly expressing his intention to conclude a service contract and covering the material issues.
Offer acceptance: a legal declaration of agreement with the offer.
Service Contract: A contract concluded between the Customer and the Provider when booking a Wine Tasting, under which the Customer is obliged to pay the price of the Wine Tasting to the Provider and the Provider is obliged to hold the Wine Tasting and thus to provide the Wine Tasting service to the Customers.
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.
Consumer Contract: Service Contract between the Consumer and the Provider for the Wine Tasting service ordered on the Website.
Consumer Dispute: a dispute between the Consumer and the Provider regarding the conclusion and performance of a Consumer Contract.
Distance Contract: a Consumer Contract concluded within the framework of a distance selling system organised for the booking of Wine Tasting, i.e. through the Béres Website, without the simultaneous physical presence of the parties, by using a means of communication between the parties which allows only remote communication.
Device for remote communication between parties: a device that enables the parties to make a contractual statement in their absence in order to conclude a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in the press with order forms, catalogues, telephones, faxes and Internet access devices.
Complaint: a request aimed at the redress of an individual's rights or interests, the settlement of which is not subject to any other procedure, in particular judicial or administrative, in particular with regard to the Customer's complaints regarding the Wine Tasting or the Provider's activities.
V. GENERAL PROVISIONS
1. In the course of providing electronic commerce services, the Provider sells the Wine Tasting to Customers via the Website in accordance with the provisions of the Act CVIII of 2001. In the event of booking a Wine Tasting on the Website, a service contract is concluded between the Provider and the Customer as detailed in the chapter VI. of these General Terms and Conditions.
The Customer does not need to register to order a Wine Tasting.
2. Only natural persons with legal capacity may book a service and thus make a purchase offer via the Béres Website. By booking a service, the Customer acknowledges that he/she is a natural person with full legal capacity or an entity acting through a representative authorised to represent him/her, by providing true and correct data.
3. By ordering the Wine Tasting, the Customer undertakes that he/she has read and accepted the General Terms and Conditions and the Privacy Policy and acknowledges them as binding. The Provider's Privacy Policy is available at the footer.
4. Only the Provider is entitled to modify the provisions of General Terms and Conditions. The Provider shall be entitled to unilaterally modify the Website, the price of Wine Tasting, including the provisions of General Terms and Conditions. Any change in the price of Wine Tasting shall not adversely affect the price of the service already booked.
VI. ORDERING THE WINE TASTING, CONCLUSION OF THE SERVICE CONTRACT
1. The booking of Wine Tasting is possible by means of an electronic order on the Website, subject to the provisions of General Terms and Conditions.
2. On the Website, by clicking on the "Experiences" tab and then on the "Wine Tastings" tab, the Customer can view the Provider's wine tasting offers.
3: The Customer can choose from three offers, which are:
a) Classic,
b) Premium,
c) Deluxe.
4. The Customer can submit a specific request for a quote by clicking on the "Wine Tastings" tab on the Website, using the form "Request for Quote - Wine Tastings".
In the form, the Customer must provide the following information:
a) Name,
b) e-mail address,
c) telephone number,
d) number of expected persons,
e) suitable dates,
f) text message.
The submission of a request for an offer using the form is only possible if the Customer accepts General Terms and Conditions of the Provider and the Privacy Policy.
The request for an offer for a Wine Tasting via the form will be sent to the Supplier's e-mail address [email protected].
5. The Provider will send its offer to the e-mail address provided by the Customer within 1 workday of the request for an offer. The reply message sent by the Service Provider to the Customer, given that it is immediately available to the Customer, shall be considered an offer to which the Service Provider is bound until the booked date (binding offer).
6. The Customer can accept the Provider’s offer by sending a reply message to the Provider's e-mail address [email protected], which will conclude the Service Agreement between the Parties. The Customer acknowledges that if the Customer does not accept the Provider's offer during the period of the binding offer, the Provider shall not be bound by the offer after the expiry of the deadline.
VII. PAYMENT CONDITIONS FOR WINE TASTING
1. The Wine Tasting Fee shall be paid by the Customer at the Wine Tasting venue and on the Wine Tasting day, before it starts.
2. The fee is paid by credit card or cash.
3. If the Customer fails to pay the fee before the Wine Tasting starts, the Provider shall be entitled to withdraw from the Service Contract.
VIII. CORRECTION OF DATA ENTRY ERRORS
1. Data entry errors can be corrected at any time before clicking on the "Submit" button by deleting or modifying the data provided.
2. It is possible to register on the Béres Website, and the data and password provided at registration can be changed at any time after login under the "My profile" menu/icon
3. If you wish to make any changes after submitting your order, please notify us immediately at [email protected].
IX. PURCHASE PRICE
1. The price of the Wine Tasting is always the amount indicated next to the current package offer, including tax.
2. The Provider reserves the right to change the prices of the Wine Tasting packages that can be booked on the Website, with the modification taking effect at the same time as the change is published on the Website. The price modification does not apply to Wine Tastings already booked at the time of the modification.
X. RESPONSIBILITY
1. The information on the Website is provided in good faith and is for informational purposes only. The information on the Website does not constitute an offer.
2. The Customer acknowledges that he/she is solely responsible for the correctness and accuracy of the data provided during the order, in particular, but not exclusively, for the billing data.
3. The Customer further acknowledges that the Provider is entitled to enforce against the Customer any damages resulting from the Customer's inaccurate or incorrect data entry.
4. The Provider shall not be liable for any incompleteness of the data provided by the Customer or for any disadvantage, damage or claim arising from incorrectly provided data.
5. If the Customer intentionally provides incorrect, inaccurate or untrue information or makes such a statement, the Provider is entitled to withdraw from the contract with immediate effect and to make all claims against the Customer.
6. The Provider excludes all liability for the conduct of users of the Website
7. The Customer is fully and solely responsible for his/her own conduct, in which case the Provider will fully cooperate with the competent authorities in order to detect any infringements.
XI. CONCILIATION BODY
1. As a consumer, you have the right to apply to a conciliation body. The conciliation body has the power to settle out of court any dispute between a consumer and a business concerning the quality and safety of a product, the application of product liability rules, the quality of service, and the conclusion and performance of a contract between the parties, by seeking to reach an agreement and, if this is not successful, by deciding the case in order to ensure that consumer rights are enforced in a simple, rapid, effective and inexpensive way. At the request of the consumer or the business, the conciliation body advises on the rights and obligations of the consumer.
2. In order to initiate the conciliation body's procedure, the buyer must also attempt to settle the complaint directly with the business organisation concerned. If direct settlement is unsuccessful, an application may be made to the Conciliation Body. The competent conciliation body for the procedure is the conciliation body of the consumer's place of residence or domicile, or, in the absence of such a place of residence or domicile, the conciliation body of the place where the service provider is established. At the request of the consumer, the conciliation body designated by the consumer in the request may also act.
3. The company has a duty to cooperate in the conciliation procedure.
4: More information on the procedure can be found in Act CLV of 1997 on Consumer Protection and on the websites of the conciliation bodies and the following website:
https://fogyasztovedelem.kormany.hu/#/bekelteto_testuletek
The competent conciliation body according to the registered office 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
Website address: www.bekeltetes.borsodmegye.hu
E-mail address: [email protected]
XII. COMPLAINTS SERVICE
1. The Provider shall handle complaints in accordance with the Complaints Handling Guide, which can be found in
XIII. ONLINE DISPUTE RESOLUTION PLATFORM
1. You may also use the dispute resolution platform operated by the European Commission to conciliate (resolve) your complaint. The purpose of the platform is to enable you, if you live in the EU, Norway, Iceland or Liechtenstein, to find the best solution to your consumer problem, to agree directly with the Service Provider on a solution to the problem or to agree on which dispute resolution body should handle the case.
2. The ODR platform will notify the Service Provider of your request. You can also use the dashboard to communicate directly with each other, send attachments (e.g. photos of the product) and schedule an online meeting. They have up to 90 days in total to reach an agreement. Both you and the Supplier can opt out of direct negotiations at any time.
3. They have a maximum of 90 days to reach an agreement. You and the trader can opt out of direct negotiations at any time.
4. The trader can also draw up a list of dispute settlement bodies that he proposes to involve instead of seeking a solution directly. In this case, you have 30 days to agree on the dispute resolution body, otherwise the case will be closed on the platform.
5. If the trader rejects your request immediately, one of the parties withdraws from the process or there is no result after 90 days, you have the following options:
6. You can try to find a solution by involving a dispute settlement body. In this case, you have an additional 30 days to agree with the trader on which authorised dispute resolution body to go to, or you can try another dispute resolution solution.
7. For more information on how to use the platform and the platform itself, please visit the following link https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks
XIV. OTHER MEANS OF ENFORCEMENT
1. If any consumer dispute between the Provider and the Customer cannot be settled amicably, the following enforcement options are available to the Customer in addition to the above:
2. Lodging a complaint with the consumer protection authority:
Consumers may lodge a complaint with the competent territorial authority. Contact details can be found here: https://fogyasztovedelem.kormany.hu/#/fogyasztovedelmi_hatosag
For more information, please visit fogyasztovedelm.kormany.hu.
3. The Consumer also has the right to take legal action.
4. The European Consumer Centre helps you resolve your cross-border consumer disputes.
XV. COPYRIGHT PROTECTION
1. All content displayed on the Sites (e.g. books, articles, product information, brochures, illustrations, images, other information or data) is protected by copyright. Any unauthorized use (e.g. copying, distribution) will lead to criminal prosecution and full compensation.
2. The use of certain material referred to above is subject to the prior written consent of the Provider. If you have such a request, please contact us at [email protected].
XVI. DATA PROTECTION
1. The Provider processes personal data in accordance with the Privacy Policy, which is available on the Website.
XVII. OTHER PROVISIONS
1. General Terms and Conditions shall enter into force on 31 August 2023.
2. Use of the Sites implies the Customer's knowledge of the technical and technological limitations of the Internet and acceptance of the potential for error inherent in the technology. The Provider recommends that the Customer uses virus and spyware protection software with an up-to-date database and always installs the latest security updates for the operating system. The Provider excludes any liability arising from the above.
Last updated: 31 August 2023