Terms and conditions of shopping (régi)
Terms and conditions of shopping
As of November 29. 2017.
The aim of the current Conditions of Purchase is the unified and detailed regulation relating to the legal relationship between the company, defined in Point 11, and the customer contracting with it for the subject of purchasing the item, described in Point 2 of Conditions of Purchase, as well as informing the customer preceding the purchase about the detailed regulations of the contracts between the customer and the company as defined by the 45/2014. (II.26.) Gov. decree (hereinafter “Decree”).
As defined by the 11.§ (6) paragraph of the Decree, Conditions of Purchase constitutes part of the contract.
As applied in the Conditions of Purchase
a) consumer: a natural person acting outside their profession, occupation or business venture
b) consumer legal dispute: a disputed case relating to the quality and/or safety of the product, to the application of product liability regulations, quality of service, and to the signing and execution of the contract
c) consumer contract: the contract signed between the consumer and the enterprise
d) guarantee: the 2013.V law on the Civil Code, and the obligatory guarantee defined by the separate law relating to consumer contracts
e) contracts between absentees: such a consumer contract that the parties sign without actual physical presence. These are enacted via a remote marketing system for a product or a service as defined by the contract whereby the contracted parties solely use a device that enables communication between the distant parties
f) device enabling communication between absentees: a device that is suitable for making a contractual statement – in order to sign the contract – while the parties are absent. Such a device can represent addressed or non-addressed forms, standard letters, advertisements published in print media with order form, catalogue, telephone, fax and the device providing internet access,
g) product: movable goods defined in Point 2 of current Conditions of Purchase,
h) enterprise: legal person defined in Point 11 fulfilling the business activity
2. The product defined by the contract
The wine, sparkling wine, distilled and other alcoholic beverages about which the website operated by the enterprise provides key information (such as winemaker, producer, region of origin, alcohol content, etc.) for the consumer at the time of their selecting and finalising the order.
On the pages of the product list, the prices in the first column (Bottle price) are the non-discounted bottle prices, which are valid when buying less than 12 bottles of the product in our wine shops or via the internet. When buying 12 or more bottles, the discounted prices in the second column (Case price) are valid. These also apply to the mixed cases. The indicated prices include VAT (27% in the case of wines). Members of the Bortársaság Klub can shop at our wine stores and on the internet at the discounted case prices even when buying only one bottle. We request that during registration or after logging in that you fill in your club membership number on the My Details field as in this way our system will always put the products with the case price into your basket.
The prices listed do not include costs relating to shipment, which are defined in detail in Point 7.
4. Ordering steps
Purchases can be made via registration and guest registration, however, the advantages connected with Bortársaság membership can only be utilised in the case of the former. Following registration, you can log in to the site with your e-mail address and password. Select the items and put them into the basket. Enter the site with your email address and password. Select the time of delivery, the method of payment and give the delivery and billing address.
Delivery dates may vary depending on the delivery address.
By clicking on the “add” button, you reserve the product. Accordingly, the product stays in your basket for 2 (two) hours after having been placed in the basket, during which time the same type of product is only available to other customers providing there is available stock. Another customer cannot add the actual product you reserved to their own baskets. Should you not purchase the given product, it is automatically taken out of your basket after 2 (two) hours and becomes available to other customers.
The only exception from the above is ticket sales for the Borsuli (Wine School) events, in which case the time limit for reservation is 30 (thirty) minutes, which means that the Borsuli tickets are automatically taken out of the basket after 30 (thirty) minutes and become available to other customers.
Throughout the duration of the purchasing process you can make modifications, correct the mistakes and misspellings (regarding the type and amount of the product, personal data, delivery address, etc.) that occur during the electronic recording of the data. Finally check the given data and click on the “Purchase” button.
You can also send the wines as a gift, which you can also accompany with a greeting card. If you don’t have enough glasses for a special event at home, we are also happy to lend you some of ours, which we will also deliver together with the wine order.
Our system will automatically notify you in connection with your order via the email address you provided, whereby you can check the details. Your order will be registered with the order number that you can find in the notification.
The contract between us comes into being when the notification is sent back to you.
Based on paragraph 6:7.§ (3) of the Civil Code Act V of 2013 (henceforth "Ptk") the writing of a contract to be sealed constitutes a contract. The language of the contract is Hungarian.
The contract will be stored in the online system of the Company, which will be available afterwards. Furthermore, the contract will also be sent to the email address provided.
5. Method and terms of cancellation
You can change your order at any time. If you wish to do so, please call the 20 5904431 mobile number or write to firstname.lastname@example.org. As a reference, please provide us with the order number you received in the notification email.
6. Restrictions regarding the use of the products and/or services
We can only deliver orders of products containing alcohol to people over 18.
a. Express delivery within Budapest
Should you select this method of delivery, and place your order on weekdays between 10am and 5pm, and providing our colleague is able to reach you on the phone in order to confirm the order, we can deliver your order within four hours. Fee: 2,500 Ft. You can check delivery times under the Home Delivery menu point.
b. Delivery related fees in the whole country (prices include VAT)
Delivery is free of charge in case of purchases of above 15,000 Ft, while it otherwise costs 2,000 Ft below that. For delivery dates, please check the Delivery menu.
c. New home delivery time
In case the home delivery should fail, upon receiving the notification of our delivery person, our colleague will attempt to find a new home delivery time that is convenient for you. We will attempt to make the delivery again at the new delivery time chosen by you. In case we cannot get in touch with you, or you do not choose a new time of delivery, our contract will terminate. If you have already paid the purchase price, we will transfer it back to the bank account, the details of which have been provided by you. If the delivery is unsuccessful three times at the place and time given by you, your order will be nullified.
d. FoxPost Parcel lockers
We deliver the ordered items with the help of FoxPost Zrt. to the parcel locker you select within 3 working days. When the parcel is in the locker, the system sends SMS and e-mail notifications to the contacts provided at the time of the purchase. The parcel can be picked up from the locker within 72 hours, or the pick-up time is automatically extended when there is a public holiday within that span of time. For further information, visit the www.foxpost.hu website.
8. Complaints, rescission in connection with ordering and delivery
We take full responsibility for your order until the handing over of the product. Faulty or damaged goods will be changed within five working days or replaced at our own expense. If you rescind from your order because of faulty delivery or damage that occurs during the delivery, we will pay you back the already paid cost of the product.
Following the receipt of the product, we cannot accept complaints regarding the delivery.
You can email your complaints, comments regarding order and delivery to the following email address: email@example.com, which we will respond to within a maximum of 30 days. You can also call the (36) 20 5904431 mobile number.
Supervisory body: Budapest, I. kerület, Önkormányzata Jegyzője
The procurer can rescind from the shopping within eight working days following the receipt of the ordered product without any explanation, with the exception that the nature of the ordered and delivered product does not permit its return, or in case the product is perishable. In this case, our company is obliged to return the value of the undamaged, complete, unopened good(s) within a maximum of thirty days of them being returned. The costs incurred in returning the product due to carrying out the right of rescission should be born by the procurer.
You are entitled to turn to a conciliatory board in order to settle any legal consumer dispute outside of court. Especially in cases of attempted agreement and failed attempts to reach a decision, consumers’ rights provide simple, quick, efficient and cost effective ways.
To proceed with the case you should turn to the conciliatory board that is privy to act according to your place of residence, or in the case of a lack of one, the address of the company affected by the legal dispute or the body entitled to represent it.
For the proceedings – based on your request and with regards to it – instead of the assigned bodies, the conciliatory body is privy to the fact that you made the request.
The name and postal address of the conciliatory body assigned based on the headquarters of the company:
• in the case of Budapest Bortársaság Kft. and Bortársaság Boltok Kft.: Budapesti Békéltető Testület (1016 Budapest, Krisztina krt. 99.)
• in the case of SK Borcsa Kft.: Bács-Kiskun Megyei Békéltető Testület (6000 Kecskemét, Árpád krt.4.)
We inform you that the companies appearing in Point 11 do not have the behavioural codex as formulated in the law banning unfair trading practice against consumers.
Withdrawal right of consumers
a. The deadline and method of practicing the right of withdrawal
You are entitled to cancel the current contract without reason within 14 days.
The cancellation deadline runs out on the 14th day from the day you or any person appointed by you, a third party differing from the carrier, receives the product. In the case of the service of several products, it is the 14th day from the date you or a person appointed by you, a third party differing from the carrier, receives the last product.
If you wish to exercise your withdrawal right, you are obliged to send (whether by post, fax or electronic mail) your univocal statement containing your intention to cancel to the following address:
Budapest Bortársaság Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság; 1015 Budapest, Batthyány utca 59.; telefon: +36 1 248-1400, fax: +36 1 248-1403, e-mail: firstname.lastname@example.org
For this purpose, you may also use the cancellation statement sample provided in Appendix 2 of the Decree. In case you intend to cancel the contract, fill out this form and send it back to one of the addresses below:
Addressee: (it’s necessary to give the name, postal address and – if possible – phone number, fax number, email address of the company)
Undersigned, I/we declare that I/we practice my/our cancellation right regarding the contract of the following purchase of product(s): (It is necessary to name the products that are subject to the contract)
Date of receipt:
Name of consumer(s):
Address of consumer(s):
Signatures of consumers: (Only in the case of a statement made on paper)
You carry out your cancellation right when you send your statement of cancellation before the expiration of the deadline given above.
We inform you that you can practice your cancellation right during the time span between signing the contract and receiving the product.
b. Legal effects of cancellation
If you cancel the existing contract, we will return all the charges you previously incurred, including the delivery fee (except for those additional expenses that might arise from you having chosen another option than our usual shipment method), without delay or the latest within 14 days upon receiving your cancellation statement.
During the refunding process, we use the identical payment method to the one used during the original payment method, except when you provide your explicit endorsement to use another payment method for which you will not be charged any extra cost.
We are entitled to withhold refunding until we receive the returned product or you verify that you have sent it back: out of the two, the earliest date will be taken into account.
You are liable to send or hand over the product to us or …. [insert the name and postal address of the person entitled to receive the product if there is such] without unreasonable delay or in any case, not later than 14 days after disclosing your cancellation statement. The deadline is complied with providing you send the product back before the expiry of the 14 day deadline.
The direct cost of sending back the product is borne by you.
c. Exclusion of withdrawal right
You cannot exercise your right of withdrawal from the contract in the case that the product cannot be sent back after having been opened following receipt due to health, safety and hygienic reasons.
9. Information about implied warranty, product warranty, and guarantee
a. Implied Warranty
In what cases can someone exercise the right of implied warranty?
In accordance with the regulations of the Hungarian Civil Code, you can claim for liability of defects against the faults made by the company defined in Point 11..
What rights do you have based on the right of implied warranty?
Based on your decision, you can choose from the following liability claims:
You can request repair or replacement, except in the case where the fulfilment of the claim you select is impossible or if it would entail disproportional additional costs for the company compared to the fulfilment of any other claims. In the case you did not, or could not, request repair or replacement then you can require the proportional decrease of the consideration, or you can fix or get the fault fixed at the expense of the company, or – as a last resort – withdraw from the contract.
You can also change from one implied warranty to another, yet the fee of transfer is charged to you, except if it was reasonable or if the company gave a reason for it.
Within what timeframe can someone claim for implied warranty?
You are obliged to report the fault promptly upon discovering it, but by all means not later than two months after discovering the fault. At the same time, we call your attention to the fact that two years past the forfeiture deadline following the fulfilment of the contract, you cannot exercise your right for liability for defects.
Against who can you exercise your claim for implied warranty?
You can exercise your claim of implied warranty against the company.
What other conditions are there to exercise one’s right of implied warranty?
Exercising your right of implied warranty has no other condition within six months of fulfilment but the stating of the fault if you prove that the product was provided by the company defined in Point 11. However, after the six months of fulfilment you are obliged to prove that the fault you discovered occurred at the time of fulfilment.
b. Product Warranty
In what case can you exercise the right of product warranty?
In the case of the fault of movables (product), based on your choice you can exercise your right as defined in Point 1 or claim product warranty.
What right do you have based on your claim for product warranty?
In the claim of product warranty you can ask for the repair or replacement of the faulty product.
In what cases does a product qualify as faulty?
A product qualifies as faulty if it does not meet the quality requirements at the time of being sold or if it does not have the qualities appearing in the description given by the producer.
Within what deadline can I claim for product warranty?
You can claim for product warranty within two years of the product being launched by the producer. You lose your right to claim for it once the deadline has passed.
Against who and under what other circumstances can I claim for product warranty?
You can exercise your claim for product warranty against the producer of the product or its seller. In the case of claiming product warranty, you should be able to prove the fault of the product.
In what cases does the producer (seller) get out of their obligation of product warranty?
The producer (seller) only gets out of their obligation of product warranty, if it can prove that:
• the product was not produced, or marketed, within its business activity, or
• the fault was not recognisable at the time of sale due to the scientific or technological knowledge available at the time, or
• the fault of the product occurred due to an application of a law or mandatory regulation of an authority
For the acquaintance of the producer (seller) it is enough to prove one reason.
We call your attention to the fact that for the same fault you cannot claim implied warranty and product warranty parallel to one another. However, following the successful claim for product warranty you can exercise your right for implied warranty towards the producer for the replaced product or the repaired part.
Regarding the nature of the product we take no guarantee for it.
10. Conditions of payment
The method of payment can be selected at the time of the order. You can pay for your order COD (by cash on delivery or – only within Budapest – by card payment on delivery), by bank transfer, by MobilePayment and by secure online connection – via OTP Bank’s internet page – using those cards accepted by the bank:
a. We accept the following bank cards:
• MasterCard (embossed)
• Visa (embossed)
• American Express (embossed)
• Electron (unembossed)
In the case of these cards, the issuing bank of the card declares whether it authorizes them for use on the internet. In cases where the bank that issued your Electron card authorizes the card to be used on the internet, you can pay by your card for products from our webshop. For information, please turn to the bank that issued your card. Naturally, cards issued by OTP Bank are accepted.
On the online payment channel of OTP Bank, Maestro cards issued by any bank are accepted with the condition that the issuing bank supports e-commerce transactions via Maestro cards. Please consult your bank.
If you are a so-called “company buyer” registered with us, you may also pay via 8-day bank transfer. When making a payment via bank transfer, the minimum sum of the order is 50,000 Ft.
In order to ensure that the credit card information you provide for carrying out the transaction is handled securely, Bortársaság does not keep the given credit card number – neither before, during or after carrying out the transaction, nor on its computers or anywhere else.
The process of shopping and the bank card payment transaction happens in two completely separated systems, that is: while you complete the registration, select the products and complete the order on the www.bortarsasag.hu website, the bank card transaction takes place on a secure website operated by OTP. Under no circumstances will Bortársaság learn about your credit card information, nor will OTP receive the personal details (name, address, phone number, e-mail, etc.) you provided upon registration with Bortársaság.
b. Further information about bank card payment
For our webshop, OTP Bank Nyrt. provides the possibility to accept cards via its secure card accepting system, which uses SSL protocol. When paying by card on our webshop, you are directed to OTP Bank’s payment site, thus payment occurs on the site operated in accordance with the regulations and security specifications of international card companies and not on the page of the webshop. The webshop in no way has the opportunity to acquire the data of your card or the account behind it, including its number and expiration date.
You have the opportunity to settle the sum of the ordered products with the deliverer by card at the time of delivery. However, we would like to call your attention to the fact that in the case of choosing COD (Cash on delivery) payment, you can only pay by card within Budapest.
c. What you should pay attention to at the time of purchase?
- Read the information of our Webshop, the terms and conditions of purchase, delivery and payment.
- Learn about the security conditions of our Webshop, this way you guarantee the safety of your data.
- Keep track of your data relating to your purchase.
- Keep track of the transaction details in connection with payment. (transaction ID, permit number)
- Make sure that no unauthorized persons can get hold of your card data at any time.
- Use a browser that supports the option necessary for SSL security.
d. About security
In order to further enhance the security of online card use, OTP Bank has introduced its Verified by Visa/MasterCard Secure Code (VbV/MSC) service. This entails the issuing bank providing the cardholder with an additional means of identification that gets verified during the transaction, thus accurately confirming the identity of the card’s user.
If your issuing bank does not offer any VbV/MSC services, or you have not requested it, the payment process will remain unchanged. Our store will redirect you to OTP Bank’s site, where you will need to enter your card details (card number, expiration date, verification code), after which payment for the purchased items/services takes place.
If VbV/MSC services are available at your issuing bank, and you have opted in, the payment process will be different. You will still need to enter your card details (card number, expiration date, verification code) via the OTP Bank payment site. After this step, however, you will be automatically redirected by the Bank to the appropriate site of your issuing bank, where you will need to have your identity confirmed. Once your identity has been successfully confirmed, the payment transaction will resume and you will receive a notification after it has completed. As it’s the last step, you will be redirected to our online store. If you are unable to have your identity confirmed, the transaction will be cancelled.
e. Steps of payment
1. You select the product on the page of the Web shop, the amount of which you wish to pay for by card.
2. After this, you are transferred to the page of OTP Bank that guarantees secure payment. Here you should provide your card data in order to initiate payment.
3. After providing card data, you can initiate the transaction by clicking on the Fizetés / Payment button.
4. Following the payment, you return to the page of the webshop, where you receive confirmation about the result of the transaction. In case of paying by bank card, following a successful transaction – which means the acceptance following the checking of the validity of the card – OTP Bank starts to debit the account of the card holder with the consideration of the product or service.
In case you are not transferred back to the payment page of the webshop, then the transaction was unsuccessful. In case you click on the button "Vissza/Back" or "Frissítés/Refresh" on the payment page of the bank, or if you close the browser before being transferred back to the Webshop, your payment was unsuccessful. In case you wish to learn more about the result of the transaction, or in the case of a failure to execute it, the reasons and details for it, please contact your bank.
f) Further information: Bank Transfer
Please transfer the payable sum to our company’s bank account, to the following bank account number: (Budapest Bortársaság Kft.) 10800007-00000000-13687056 . We regard the sum paid if the amount payable arrives in our bank account one workday preceding the receipt of the product. Otherwise we are unable to deliver / hand over the ordered product. After ordering the selected product, we will inform you by email about the necessary steps for a successful transfer. We will also inform you about the receipt of the sum by email.
Based on the paragraph of the Hungarian civil code: Ptk. 6:216.§ (1), we maintain the right of ownership of the product being sold until the full payment of the whole purchase price has been completed.
h) What is OTPay?
In our stores you can pay by the innovative payment method recently launched by OTP Bank. OTPay is a mobile payment solution with the help of which customers can pay by using a bank card that has been registered for the OTPay smart phone application. To implement the transaction one requires a smart phone, mobile internet access (Wi-Fi or mobile internet) and, of course, the OTPay application with a registered bank card.
The following card types issued by OTP or any other bank can be registered with the OTPay application:
• Visa Electron®
• American Express®
As opposed to traditional electronic purchases, the OTPay mobile payment solution does not require the provision of bank card data. During the purchase the customers validate payment on their own smartphones by providing the mPIN chosen by themselves. One of the greatest advantages of the solution is security, since during the purchase the customer does not give card data.
The process of purchase:
1. Select the desired product/service then finalise the content of your shopping cart in the web store.
2. Select OTPay among the payment methods.
3. Provide your mobile phone number or OTPay identification on the site of the web store.
4. A message is sent to your smartphone containing the purchase data (location of shopping, amount).
5. Select the previously registered bank card that you wish to use from the application.
6. By providing your mPIN code you can confirm the payment request (or you can also refuse it).
7. You receive a message on your phone on the successful or refused transaction
8. The web store also informs you about the result of the transaction on its pages and offers options for browsing and purchasing.
For further information, visit the www.otpbank.hu/otpay page.
11. Duration of the contract, person of the company
In accordance with the Civil Code 6:3.§ a) point, with the mutual fulfilment of services, the contract expires.
The representative of the company depending on the delivery address provided by you (based on geographical location) is going to be either Budapest Bortársaság Kft., or Bortársaság Boltok Kft. At the end of the ordering process our system will automatically inform you that based on your address which of the above companies is going to be your service providing company.
Budapest Bortársaság Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság
Address: 1112 Budapest, Kőérberki u. 36.
Tax number: 12052884-2-43 E-mail: email@example.com
Telephone: +36 1 248-1400
Fax: +36 1 248-1403
Company registration: Cg. 01-09-461336, Fővárosi Törvényszék Cégbírósága
Bortársaság Boltok Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság
Address: 1112 Budapest, Kőérberki u. 36.
Tax number: 13475233-2-43
Telephone: +36 20 590 4431
Fax: +36 1 225-0594
Company registration: Cg. 01-09-737131, Fővárosi Törvényszék Cégbírósága