Effective date of present T&C: May 28, 2015
Present document contains the general terms and conditions (T&C) referring to the use of webshop (Webshop) www.monarchiaborok.hu operated by Monarchia Borkereskedelmi Ltd. as service provider. Additionally, T&C contain the conditions of the use of the Webshop by the user.
The implied contract qualifies as an electronically signed contract, which is governed by law sections 5 and 6 of Act CVIII. of 2001 on certain topics of electronic commercial services and services related to information society. The electronically signed contract qualifies as a written contract, to which we assign an order ID, thus it is subsequently accessible and on view. Furthermore, we do not submit ourselves to any regulations of any Code of Conduct.
Language of contract: Hungarian
During the use of the Webshop you must take every precautionary measure to avoid violating third person rights or regulations either directly or indirectly.
User, by browsing the pages of the Webshop and by effectively registering, agrees to and accepts to be bound by the content stated herein.
1. Data of the owner and operator of the Webshop
Name of the company: Monarchia Borkereskedelmi Ltd.
Registered office: H-3300 Eger Verőszala utca. 62.
Business premises: H-1052 Budapest Haris köz 2.
E-mail address: borbolt@monarchiaborok.hu
Tel: +36 1 337 06 04, +36 70 452 26 01
Tax number: 11175030-2-10
Registering Court of Company Registration: Heves County Court
Trade Registry Number: 10-09-022656
Data Privacy Registry Number: NAIH-53800; NAIH-53801
Data of Hosting Provider: PIRÍN Information and Trade Ltd.
Registered Office: H-1193 Budapest Könyvkötő utca. 49.
Tax Number: 13295969-2-43
Trade Registry Number: 01-09-728005
2. Conclusion of Sale and Purchase Agreement
2.1 Framework of Sale and Purchase Agreement
Besides the contractual relationship concluded by user’s browsing the site, in case of purchase in the Webshop, a supply contract (sale and purchase) is concluded between a purchaser-user and the Seller. This legal relationship is governed by the regulations of order and confirmation, and present T&C. Webshop must confirm purchaser order within a time span of 48 hours, otherwise purchaser is exempt from offer validity.
2.2. Conclusion of Sale and Purchase Agreement
Purchaser agrees to the conditions of sale and purchase agreement by sending the order. Agreement is concluded after the order had been fully filled out and the entered data had been checked, as follows hereby:
2.2.1. In case of home delivery
The informative e-mail sent by Seller and received by Purchaser in which Purchaser is informed about handing of the package to the courier service and about the expected date of delivery or receipt is not the same notification e-mail which is automatically sent by Webshop as the first one upon arrival of the order.
2.2.2. In case of in-store pick-up
The informative e-mail sent by Seller and received by Purchaser in which Purchaser is informed about the in-store pick-up option of the product and about the opening hours of the pick-up point is not the same automatic notification e-mail sent by Webshop upon arrival of the order. This e-mail simply informs Purchaser about the fact that the order has been received.
2.3. Orders
Making an order is possible through two channels, either online in the Webshop or on the phone. An order made online in the Webshop can only be accepted and fulfilled by the Operator if Purchaser completely fills out all the required fields of the order in the cart process. Webshop disclaims all liability for damages arising from omitting certain fields or for technical issues emerging during the process. Any extra delivery or other kinds of extra costs arising from not properly or not completely given shipping address details or other data or pieces of information must be covered by Purchaser.
2.3.1. Mistakes in entered data
Purchaser can correct any mistakes in the entered details, but only before pressing the Send order button. The content of the shopping cart can be checked, changed or deleted at any moment. Any mistakes in the entered data which have been realized only after having already sent the order must be immediately announced in an e-mail sent to borbolt@monarchiaborok.hu.
It is important to quote an exact telephone number because Webshop often checks with Purchaser on the phone before delivery. In case of incompletely filled out contact details, the order will not be fulfilled by the Seller.
2.3.2. Product features
Prices on the site are gross and contain VAT in all cases. The gross prices contain the VAT pre-ordained in respect of the given product type by the normative legislation in force at the time of the purchase. The prices shown in the Webshop are in force until revoked or changed. Product pictures, videos and stock information are only referential, they might differ from reality.
We disclaim all liability for an incorrectly shown price arising from either system error or arising in spite of all our efforts and care. We disclaim all liability for the obviously mistaken and unreal prices significantly different from the well-known order of magnitude of the given product’s price. In such cases, we cannot be bound to sell the product to our Purchaser for the erroneous price shown on the website. In case of an erroneous price, we immediately inform Purchaser about the fact that the price shown on the site is not valid and we offer the option to buy the product for the real price. In such cases, Purchaser can decide two ways, either to buy the product for the real price or to cancel the order without any adverse legal consequence.
3. Purchasing process
Browsing and shopping (above 18 years of age) in the Webshop are both open to anybody.
3.1. Search for product
You can choose a product in the menu item Products, under which you find categories like Wine, Sparkling wines, Palinkas, Accessories, Gourmet, Gift sets and you can search for a product in the search field which you can find in the header. The system searches for the part of text (brand, product name, type of wine) written in the search field in the product names, product labels and in the product descriptions. The product labels which can be found on the left-hand side of the product list pages work as filters and thus serve you to find the searched products and types of products as well.
3.2. Product list page and Product page
You can see the products listed on the product list pages which correspond to your search criteria and chosen filters, or in case you have not filtered or searched for a product, all the products of the categories are there. You can further filter the products showing up on the list pages by using the filters on the left-hand side.
You can find the description of the product on the given product page and a higher resolution picture of the product if there is such.
You can add the product to your cart that you wish to purchase both on the list page and the product page.
3.3. Add to your cart
When you find the searched product, you can add the product to your cart in two ways.
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By the help of the hot keys on the list page: by clicking on buttons „+” and „-” you can choose the quantity you wish to purchase, and afterwards you can add the product to your cart by clicking on the grey button Add to cart which can be found in the lower right corner of the product field.
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Click on the name or picture of the product, thus you get to the product page. You can add the product to your cart after giving the wished quantity here as well.
If you add a product to your cart, the preview window of the cart shows up in the upper right corner of the page. After adding a product to the cart, wherever you click on the page, the preview window will disappear and you can continue shopping. You can continue sorting and selecting the products and adding them to your cart after clicking on the Continue shopping button in the lower left corner of the preview window of the cart as well.
We recommend that you add to your cart every product which might interest you, as this does not bound you to purchase them, but this way you do not have to search back the previously seen items during browsing. It is important to note that you can delete any product from the cart before finalizing the purchase!
When you are finished with the sorting, you can continue to payment options by clicking on the Checkout button in the lower right corner of the preview window of the cart.
3.4. Cart page
You can finalize the list of products you wish to buy on the cart page. You can change the item number of every single product in the cart by clicking on the buttons „+” and „-”. Any product can be deleted from the cart by clicking on the Remove button.
If you change the item number of any product in the cart on the cart page or you remove a product from the cart with the Remove button, you need to click on the Update cart button in the lower right corner of the cart page before continuing.
You can see the price of each product one by one and the sum of the prices of the products in the cart, not only on the cart page, but in the preview window of the cart as well. This amount does not contain shipping costs, only and exclusively product prices.
When you have finalized the content of your cart and you do not wish to continue shopping, you can proceed by clicking on the Checkout button.
3.5. Entering personal details
First you need to enter your personal data. If you have already registered, just sign in using the login button on the header of the page. If you have not registered yet, you can choose either to create a user profile or to make a purchase as a guest user. In the first case, next time you want to make a purchase, you will not need to enter your data again, it will suffice to simply sign in. Furthermore, as a registered user, you can become a member of the Monarchia Wine Club and you will be entitled to great deals and special discounts.
Either you choose registration, or you choose guest shopping, you need to fill out the blank fields showing up after clicking on the chosen button. Fields marked with an asterisk must be filled out.
Your order of alcoholic beverages can only be fulfilled if you are older than 18 years of age.
3.5.1. Shopping without registration and Registration
All parts of the Webshop and shopping itself are available for everybody. In case you decide to create your own account, on the one hand your purchase history becomes available for you as you can see it listed on your profile, on the other hand, whenever you shop with us, your data will already be there, so you simply have to sign in, and in addition to all that, you will be offered some special discounts which are available exclusively for the members of the Monarchia Wine Club.
You can create your own account by registering on the cart page while shopping. During registration, giving the following details is compulsory:
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Surname
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First name
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Birth year – If you are younger than 18 years of age, you cannot register!
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E-mail address
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Password
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Confirm password
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Telephone number (We recommend that you give us a mobile number because the courier will call you about the delivery.)
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Billing address
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Shipping address
The proviso of registration is to accept T&C and everything that is incorporated in the Data Protection Statement.
The system guides you through entering your details correctly and completely with the help of error messages and in case you leave a required field blank, it will inform you about that.
When finishing registration, the system automatically sends out a notification e-mail. By clicking on the link in this notification e-mail you can confirm your e-mail address and activate your user account.
Please, give us the exact telephone number and e-mail address through which we can reach you in connection with your order and the courier service can inform you about the exact date and time of the delivery of your order!
If you give us incorrect, erroneous or deficient data during your registration, the full liability for any damages or any delay in delivery shall be with you. In such cases we cannot be bound to fulfill an order and if delivery fails due to erroneously entered data, all direct and indirect respective costs must be covered by you.
You are fully liable for the access data of your user account (especially for keeping your password private), therefore in case it comes to your knowledge that an unauthorized third party might have come by your password which was given during registration, you are bound to change that forthwith. If it can be assumed that a third party abuses your password in any way, you must inform us about the fact immediately.
With registration, you commit yourself to updating your personal details as needed in order for them to be updated, complete, true and correct.
We handle your data confidentially, in accordance with the Data Protection Statement.
You are entitled to ask for the deletion of your registration any time by sending an e-mail to borbolt@monarchiaborok.hu. As soon as we receive your query for deletion, we take immediate action and delete your registration. Your user data will be removed immediately after deletion from the system, however, this does not affect the preservation of data and documents of previously fulfilled orders and does not result in deletion of those data.
3.6. Choosing shipping options
After you have added the selected products to your cart, you can choose the shipping option you prefer. You can ask for the home delivery of the product or the in-store pick-up option, by clicking on the corresponding Select button.
Generally speaking, Webshop can fulfill orders within 2-4 working days, in case we have the selected product in stock. Webshop endeavors to comply with the delivery deadline, but cannot be held responsible for any delays in product delivery. In case of occurrent delay, Webshop endeavors but is not bound to inform Purchaser.
3.6.1. In-store pick-up
In case of choosing the in-store pick-up option, you can collect your order in our store in the downtown of Budapest taking into account what is written in part 2.2.2 of the present T&C. In case you chose the in-store pick-up option as the preferred delivery mode, you can proceed in the ordering process by clicking on the Checkout button which can be found under the Cart Total.
You can pick up your Webshop order in our store in any case only after having received the notification e-mail. Please, take into consideration that fact that we cannot fulfill your order from our store stock in every case, thus there is no option to collect your order personally in the store before you have received our e-mail about the details of the collection.
Our colleague will send you exact information about the date of the in-store pick-up option within 48 hours of your order to the e-mail address you gave us during your order.
Place of in-store pick-up option: H-1052 Budapest Haris köz/lane 2. You can find the contact number and the opening hours of the store here. In-store pick-up is free of charge. You can pay for the products either with cash or via credit card when picking up your products in-store.
3.6.2. Home delivery with flat rate pricing
The system automatically adds the shipping cost to the amount of the order in case of home delivery, if this is possible based on the purchased products and the shipping address. In case you have chosen home delivery as the preferred delivery option, you can proceed in the ordering process by clicking on the Checkut button which can be found under the cart summary. You can change the content of your cart by clicking on the Update cart button and by going back.
Your order will be shipped by a courier service or by our partner. The price of home delivery:
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In Budapest and the neighboring areas it is a fixed rate 2000 HUF covering all types of products, if your order is of a value of more than 15000 HUF, delivery is free of charge in these areas
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In Budapest and outside its vicinity if you purchase 1-12 bottles of wine, it is a fixed rate 2000 HUF minimum and 3500 HUF maximum, depending on the ordered quantity, and if your order is of a value of more than 39000 HUF, delivery is free of charge in these areas
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Shipping abroad or delivery of more than 12 bottles of wine, sparkling wine, champagne and/or palinka and/or accessories outside of Budapest, domestic orders are fulfilled based on an individual rate pricing, you can ask for a quotation request regarding delivery fees through our Webshop in these cases according to present T&C, section 2.4.5.3.
You can find more information and details about shipping rates in the Delivery conditions of our Webshop.
The delivery itself usually takes place during working hours between 7 a.m. and 6 p.m., therefore it is crucial to provide us with an address where the person who will receive the package is there during daytime.
In case your order cannot be delivered due to any reasons, the courier will make an attempt at leaving a notification at the place of the addressee, which will inform about the fact that he tried to deliver the package but did not succeed and where the package will be available. In case there is an obstacle in delivering the order for the second time, or the addressee refuses to receive the package, we will do our best to contact you in order to agree on what to do next. In case you chose home delivery, you commit yourself to paying any costs of sending the package, ordering us to do so, and sending the package back, if there are extra costs like these, and the extra costs of the occurrent third or further delivery attempts and the extra costs of the upcoming agenda which was agreed on. In case we do not get any instructions from you or the addressee regarding the delivery within a reasonable span of time after the second delivery attempt, you agree on and consent to our cancelling your order.
By receiving the package from the courier and signing the document which verifies the delivery and the receipt, the quantitative and qualitative receipt of the order eventuates. This means that after you received the package, you can only assert your right of withdrawal, therefore we cannot accept any qualitative or quantitative complaints after the courier left. By signing the document testifying delivery, you acknowledge that the received package is in accordance with your order both from the outside and content-wise (content of the package is not deficient, product or packaging are not damaged, and the package contains the product you ordered).
In case you find some kind of damage on the package or the product during reception of your order, ask for taking a protocol and a damage record from the courier. In case during receipt of the product the packaging or the product is visibly damaged and the damage must have taken place before receipt, we guarantee taking back the product or replacing it free of charge. We disclaim all liability for damages which are noticed after receipt of the order.
In case you make a purchase as a registered user, we consider the address given during the registration the default billing and shipping address, but there is an option for giving a new address on your Profile page, which can be reached by clicking on your first name in the header when signed in.
If you wish to make an order as a guest user (without registration), you can enter shipping details on the first page of the order process.
3.6.3. Home delivery with individual rate prices
We deliver orders of more than 12 bottles of wine, sparkling wine and/or palinka and/or accessories to outside of Budapest within Hungary or outside of Hungary for individual shipping rates. In case of these orders we cannot add the delivery costs automatically to the amount of the order. Our system handles these orders as quotation requests.
In such cases, you can proceed by clicking on the Quotation request button under the Cart summary. You can go back by clicking on the Update cart button and you can change the content of your cart.
If your order reaches us as a Quotation request due to the products and/or the international delivery address, our colleague will contact you within 1-2 working days, and will send you a shipping quotation in accordance with the chosen products and the given delivery address to the e-mail address you have given us during making your order. By accepting our individual shipping rate, you finalize your order. If you wish to pay for your order online, please, let our colleague know and he will enable you to pay for your order and your individual shipping rate through the safe payment system of the Webshop. You can pay for your order amount increased with your individual shipping rate via a prior bank transfer as well. In case you choose this payment method, our colleague will send you the data needed for the transfer in an e-mail.
3.7. Checking data
You can check the chosen products, their number and the total amount to be paid and the shipping rate before paying for your order and sending it, in case based on the purchased products and the delivery address, flat rate shipping is available. You can check the given shipping and billing address as well and the given contact details. In case you come across any errors on this summary page, please, go back and correct those by clicking on the proper Update data button.
In case you find that the data are correct, and based on the content of your cart, the chosen shipping option and the given delivery address, the system automatically calculates the shipping rate (see above in section 3.6.), by clicking on the Payment button you can proceed to choosing payment method and sending your order.
3.8. Sending request for quotation
In case you have to ask for a quotation request about the shipping rate based on the content of your cart and/or the shipping address, you can do that by clicking on the Request for quotation button on the Check data page (see above section 2.4.7.).
If your order reaches us as a Quotation request due to the products and/or the international delivery address, our colleague will contact you within 1-2 working days, and will send you a shipping quotation in accordance with the chosen products and the given delivery address to the e-mail address you have given us during making your order. By accepting our individual shipping rate, you finalize your order. If you wish to pay for your order online, please, let our colleague know and he will enable you to pay for your order and your indicidual shipping rate through the safe payment system of the Webshop. You can pay for your order amount increased with your individual shipping rate via a prior bank transfer as well. In case you choose this payment method, our colleague will send you the data needed for the transfer in an e-mail.
3.9. Choosing payment method
In case of home delivery, you can pay for your order amount and your shipping rate through the safe payment system of the Webshop. Cash on delivery can only happen in case of choosing the in-store pick-up option and in certain cases when in and around Budapest our own courier performs the delivery.
In case of all other deliveries, you can only pay online by card.
If you wish to choose cash on delivery, please, click on the Order button, thus you have reached the final step of the order process and you have sent your order to us.
If you wish to choose payment via credit card, by clicking on the Payment button, you will be directed to the safe payment page of OTP Bank.
You have the option to use your gift voucher and in order to do that, please, enter the code of the voucher into the respective field and click on the Use button. In case the amount of your order is less than the value of the voucher, the cashing of your voucher counts as payment. The code of the voucher can only be used once and if there is any remaining amount on it, it cannot be cashed in afterwards. If the amount of your order is more than the value of your voucher, the remaining amount can be paid for by any of the available payment methods.
3.10. Online payment
The safe online payment is performed through the system of OTP Bank. You can use MasterCard, Maestro, VISA, VISA Electron and Amex/American Express cards.
Your credit card data will be perfectly safely handled all along the payment process on the site of the payment service provider, OTP Bank which is supplied with SSL encryption. Our Webshop is simply informed about the result of the transaction. Nobody has access to your card data except for the bank (neither do we). When finishing your purchase, we confirm the result of the payment in an e-mail and we send you the so-called transaction ID. This number identifies your card payment for the bank.
I acknowledge the following personal data stored in the user account of Monarchia Borkereskedelmi Kft. (Company address: 3300 Eger Verőszala utca 62.) in the user database of www.monarchiaborok.hu will be handed over to OTP Mobil Ltd. and is trusted as data processor. The data transferred by the data controller are the following: name, email, billing address.
The nature and purpose of the data processing activity performed by the data processor in the SimplePay Privacy Policy can be found at the following link: http://simplepay.hu/vasarlo-aff
In case of online shopping you have to provide the following data:
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Type of your bank card
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Name of the bank issuing the card
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Card number
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Name on the card
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Expiry date of the card
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CVV number (CVC2/CVV2) – On the back of the card there is a number and the last 3 digits of this number on the signature strip. In case there is no such number on your bank card, please, leave this field blank.
To send your order, it is requisite that you get to know and accept present T&C, the acknowledging of which can be done by ticking the proper check box.
In case you find everything is all right with your order, then you can send it to us by clicking on the Payment / Order button after having chosen the proper payment method.
11. Order confirmation
When you finished your shopping, the system automatically sends you a confirmation e-mail, which simply informs about the success of sending the order. However, this is not the confirmation of the order.
We inform you that every single order sent is handled by our Webshop as a separate order, consequently the separate orders sent by the same user and to the same shipping address will be delivered separately. Consequently, the shipping rates will be charged separately to each order.
If you have already sent your order but you would like to change the content of your order, please, contact our colleague immediately and depending on the status of your order, the order can still be modified supposing that the package has not yet been handed out to the courier service.
Due to changes in our stock, it might occur that we do not have certain products in stock. In case this happens, we immediately contact the Purchaser and we inform the Purchaser whether the product is procurable or not and if yes, for approximately when we can procure it.
We confirm the arrival of the sent order within 48 hours in accordance with the current Hungarian legislation in force. When this confirmation e-mail of ours arrives, a valid contractual agreement comes into existence.
This confirmation e-mail contains the data which were given during registration, the order details, the details of the ordered products, the ID number of the order and the chosen payment method and shipping option.
In case this confirmation e-mail does not arrive in 48 hours from the sending of the order or request, Purchaser is exempt from offer validity and Purchaser is not required to buy the products.
In certain cases, it might occur that our confirmation e-mail does not arrive to you. In such a case, please, contact us because the lack of the delivery of this confirmation e-mail might be caused by an erroneous e-mail address, the fullness of the webhosting belonging to your e-mail account, or even by a system error.
3.12. Order cancellation
In case you wish to cancel an item under procurement, please, let us know about that within 1 working day by writing an e-mail to borbolt@monarchiaborok.hu e-mail address. In case cancellation happens after billing and shipping, the delivery costs are borne by you.
3.13. Correcting data entry mistakes
Before sending the order, you can change the details of your order at any moment.
After you have sent your order and in your confirmation e-mail you see an error in your order (more products than needed, erroneous shipping address, not the needed products, etc.), please, contact us immediately by sending an e-mail to borbolt@monarchiaborok.hu e-mail address so that we could solve the issue as soon as possible and so that the avoidance of the fulfillment of an unwanted order could become possible.
3.14. Order on the phone
In case you prefer making your order on the phone, we welcome your order during our opening hours on our phone number +36 1 337 06 04.
To make an order you need the following details ready:
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Name of the product
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Quantity
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Shipping address
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Billing address
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E-mail address
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Cellular through which we can get to you in connection with your order and delivery
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Chosen shipping option
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Chosen payment method
You can ask for in-store pick-up and home delivery of your package ordered on the phone as well just like in case of online shopping.
3.15. Gift cards
You can cash in your voucher in our Webshop and in-store as well and you can buy our gift cards online and in the store as well. In case of online shopping, the code of the voucher must be entered into the proper blank field as the last step of the order process within the expiry date of the voucher and in accordance with the terms and conditions, at the point when you can enter the chosen payment method. For one order, you are allowed to cash in only one voucher and the vouchers cannot be combined.
4. Right of withdrawal
In case you decide to withdraw from your purchase after receiving your product(s), you can do so within 14 days without justification and any reason. The option for this decision is provided for by the government decree 17/1999. about contracts negotiated at a distance.
Your intention to withdraw can be announced to us in writing, e-mail or by a postal letter as well.
Do not forget that you can assert your right of withdrawal in case of in-store pick-up as well!
In case of written withdrawal, we consider it to be claimed within the forfeiture deadline if the withdrawal statement is sent to us within 14 days (even on the 14th day). Regarding forfeiture deadline, we take the posting date of a postal letter and the sending date of an e-mail as the base for the calculation. Please, post your letter as registered postage, thus the date of posting can be clearly proved.
In case of withdrawal, the costs of sending the product(s) back is charged on the Purchaser. Other extra costs are not charged on the Purchaser.
If a package is sent back to us by a sending method of cash on delivery, we are not bound to receive the package as this cost must be paid by Purchaser as well!
Our contact details where you can announce your withdrawal intention:
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Wine store: Monarchia Borkereskedés, H-1052 Budapest Haris köz/lane 2.
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E-mail address: borbolt@monarchiaborok.hu
Please, pay attention that the product should be in its original packaging. We can only take back an already unfolded product if parts of the packaging, the product and its accessories and its description and manual are undamaged and unharmed.
We promptly transfer back the price of the product(s) sent back, together with the shipping rate (if there was any) to your bank account but at the latest within 30 days. The refund applies for the product, the shipping rate to the Purchaser, except for if there were other products shipped with them which Purchaser did not wish to send back using their right of withdrawal.
Please, do not send back the packages with the payment method cash on delivery because we cannot and will not receive these packages. Please, if it is possible, send the package back as registered post to our address to make sure it arrives.
Our address where we recieve packages: Monarchia Borkereskedés, H-1052 Budapest Haris köz/lane 2.
Everything contained in this section exclusively applies for the natural person who proceeds for goals outside of their own profession and economic core activities, and additionally, regarding the application of the regulations of the Conciliation Board, for a civil organization, church, condominium, housing co-operative, micro enterprise, small, middle-sized and big businesses as well, which buy, order, receive, use and utilize, and applies for the addressees (consumers) of commercial communication and offers in connection with the commodity.
5. Warranty
5.1. Liability for defects
In case of defective performance, you can enforce your right of liability for defects against the Seller in accordance with the regulations of the Civil Code.
You can ask for the repair of the defect or the replacement of the product, except for if the fulfillment of what you ask for is impossible or would entail unproportional extra costs for the business in comparison with fulfilling other needs of Purchaser. If you did not or could not ask for the repair of the problem or the replacement of the product, then you can ask for the proportional reduction of the service or you can carry out the repair yourself or have it carried out by a third party at the expense of the business or in the last resort, you can withdraw from the contract.
You can switch to another right from your chosen implied warranty right, but you can do that only at your own expense, except for if it was legitimate or the business gave sufficient reason for that.
You are bound to announce the problem immediately after having noticed it, but at the latest within 2 months from the observation of the defect. You cannot enforce your law of implied warranty after the deadline of the limitation period calculated from the conclusion of the agreement.
Within 6 months of performance there is no other pre-condition for enforcing your right of liability for defects than to announce the defect in time assuming that you can prove that the product was sold to you by Seller. After 6 months have passed from performance, you are bound to prove that the defect noticed by you was already there at the time of the performance.
5.2. Liability for conditions of merchantability (fitness for a particular purpose)
If a movable property (product) has a defect, you can enforce your right of implied warranties or conditions of merchantability. You can only ask for the repair or the replacement of the defected product under the conditions of merchantability. The product has a defect if it does not comply with quality requirements in force at the time of the public offering or it does not have the characteristics and qualities described in the product manual provided by the manufacturer. You can enforce your right of implied warranties within 2 years from the public offering of the product by the manufacturer. After this time limit, you lose your right of implied warranties. You can enforce this right exclusively towards the manufacturer or distributor of the movable property. In case of enforcing this right of implied warranties, you must prove the defect of the product.
The manufacturer (distributor) can only be acquitted from the liability for conditions of merchantability if he can prove that:
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The product was not manufactured in his business activities
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The defect could not be recognized/identified at the time of the public offering according to the then current scientific and technical knowledge or
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The defect originates from application of requirements or legal regulations.
The manufacturer (distributor) only has to prove one reason for acquittal.
Because of the same defect, you cannot enforce rights of liability for defects and for conditions of merchantability at the same time side by side. However, after you have effectively enforced your right of liability for defects, you can enforce your right of liablity for conditions of merchantability on the replaced product or the repaired part of it against the Manufacturer.
5.3. Guarantee
Due to the nature of our products, we do not assume any guarantees.
6. Complaint management and customer service
If you have any questions in connection with the products or the operational, order and shipping procedures of our Webshop, you can contact us on the following channels:
E-mail address: borbolt@monarchiaborok.hu
Phone: +36 1 337 06 04; +36 70 452 26 01
7. Other regulations
We reserve the right to one-sidedly modify present T&C while informing our Customers about the modifications. The modified policies become valid and effective during the first usage of the Webshop after their going into effect, with respect to all the orders made after the modification.
We furthermore reserve the right to change or correct anything, anytime in our Webshop without previously informing our Purchasers, furthermore we reserve the right to place our Webshop under a different domain name.
If you find any objectionable content in our Webshop, please, let us know immediately, and if we find the indication well-established during our amicable procedure, the information will be deleted or modified immediately.
8. Copyright
The Webshop is copyrighted. The Monarchia Borkereskedelmi Ltd. is entitled to copyright for all the content which can be found during providing the services of the Webshop: any copyright artwork or other intellectual creations (including all graphics and other materials, the arrangement of the Webshop interface, the design and the editing, the used software and other solutions, ideas, realizations, pictures and texts among others).
It is permitted to save or print certain parts or the whole of the Webshop content to a winchester, ssd, usb, or sd card for your own use.
Usage beyond your own use – for instance storage in a database, transmission, publication or making the content downloadable, public offering or releasement are exclusively possible with our prior written authorization.
9. Newsletter
Our users can subscribe to the newsletter of the Service Provider during registration or later during usage of the site. Subscription to the newsletter is voluntary. In case of subscription, user decidedly consents that informative and commercial contents be sent to the e-mail address user has given during registration.
Users can unsubscribe from the newsletter any time in their profile pages or on the unsubscribe link which can be found at the end of every newsletter.
10. Accepting user conditions
By using our Webshop you declare that you understood user terms and conditions, you acknowledge and accept them as preconditions for the usage of the site.