GENERAL TERMS AND CONDITIONS

 

EFFECTIVE: 3 February 2025.

 

The present General Terms and Conditions (hereinafter referred to as "GTC") set out the rights and obligations of Match the Wine Kft (hereinafter referred to as "Service Provider") and the Client (hereinafter referred to as "Client") using the e-commerce services provided by the Service Provider through the matchthewine.com website (hereinafter referred to as "Service Provider and Client").

 

The GTC apply to all legal transactions and services that take place through the matchthewine.com website, regardless of whether they are performed from Hungary or abroad, by the Service Provider or its intermediary.

 

Service Provider Data:

Name: Match the Wine Korlátolt Felelősségű Társaság

Registered office and mailing address: 1138. Budapest, Meder street 2-4. Building: B, floor 9, Door: 7.

Start of entrepreneurial activity: 8 January 2025.

Company registration number: 01-09-439243

Tax number: 32724017-2-41

Email address: hello@matchthewine.com

 

1. GENERAL INFORMATION, FORMATION OF THE CONTRACT BETWEEN THE PARTIES

 

1.1 The present GTC shall apply to all electronic commerce services provided in Hungary through the electronic shop (hereinafter referred to as: matchthewine.com webshop) located on the matchthewine website (hereinafter referred to as: Website).

 

Furthermore, these GTC shall apply to all commercial transactions in the territory of Hungary between the Parties as defined in this Agreement. Purchases in the matchthewine.com webshop are governed by Act CVIII of 2001 on certain issues of electronic commerce services and information society services ("Act on Electronic Commerce"), Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses, and Act V of 2013 on the Civil Code.

 

1.2.Purchasing in the matchthewine.com webshop is possible by placing an order electronically, as specified in these GTC.

 

1.3. matchthewine.com webshop services are available to all users, even without registration.

 

The contract between the Parties for the purchase of the Goods is a written contract.

 

1.4. The language of the contract is Hungarian.

 

1.5 The Service Provider does not submit to any code of conduct.

1.6. Customer service contact details

- Internet address: www.matchthewine.com

- E-mail: hello@matchthewine.com

 

1.7. Interpretative provisions:

- consumer: a natural person acting outside his or her trade, profession, self-employed activity or business,

- consumer dispute: a dispute relating to the quality, safety, application of product liability rules, quality of service, conclusion and performance of a contract between the parties

- consumer contract: a contract concluded between a consumer and a business

- warranty: the mandatory warranty under Act V of 2013 on the Civil Code (hereinafter referred to as the "Civil Code") and the mandatory warranty for consumer contracts provided for in a separate law,

- 'distance contract' means a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication for the conclusion of the contract,

- means a device which enables the parties to make a contractual statement in their absence for the purposes of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements with order forms published in the press, catalogues, telephones, faxes and Internet access devices,

- product: movable goods sold on the provider's website.

 

The prices shown on the website include VAT.

 

The website is not for use by persons under 18 years of age.

 

Placing an order on the website is subject to payment.

 

2. REGISTRATION

 

2.1 Registration is not required to purchase goods online, but to finalize the purchase it is necessary to fill in the details specified on the payment page (first name, surname, optionally company name and tax number, country, postal code, city, street, house number, telephone number, e-mail address) .

 

By placing an order on the Website, by purchasing the goods, the Customer declares that he/she has read and accepted the terms and conditions of these GTC and the Privacy Policy published on the Website and agrees to the data processing as set out in the Privacy Policy.

 

2.2.The Service Provider shall not be liable for any problems or errors resulting from incorrect and/or inaccurate data provided by the Customer.

 

 

3. ORDERING PROCEDURE

 

3.1. The essential properties and characteristics of the goods to be purchased can be learned from the information side of the goods.

 

If you need more information than the information on the Website or if you have any questions, please contact our customer service, whose details and contact details are set out in section 1.7.

 

Once you have selected the right product, you can continue shopping or, if you have selected all the products you would like, you can click on the button "pay".

 

Then, on the next page, you must select the payment method you wish to use (credit card payment, bank transfer, payment on delivery) and the delivery service provider. We would like to draw the attention of our Customers to the fact that the use of the services of carriers may involve the payment of fees and that the fees of the different carriers may differ.

 

For the billing information, you must provide the personal data described in section 2.1 on the payment page. (If the Customer fills in any field incorrectly or incompletely, the Service Provider will send an error message.)

 

After entering the data and verifying the contents of the shopping cart, the credit card/PayPal payment interface can be accessed by clicking on the Continue to payment button.

 

If you choose to pay by bank transfer, the Customer will be obliged to pay on the basis of the automatically sent fee request.

 

In the case of payment on delivery, the Customer is obliged to pay the carrier that delivers the goods.

 

After payment - except in the case of cash on delivery, in such cases after placing the order - the order for the goods becomes final, of which the Customer will receive a confirmation.

 

The Service Provider shall not be liable for any problems or errors resulting from incorrect and/or inaccurate order details provided by the Customer.

 

If the Customer does not receive an e-mail confirmation after the purchase (it may be sent to the spam/promotions folder), he/she must immediately notify our customer service, whose details and contact details are provided in section 1.7.

 

3.2 The gross purchase price is always the amount indicated next to the selected goods.

 

3.3 The Service Provider reserves the right to change the price of the goods ordered from the Website, with the modification taking effect at the same time as the order is placed on the Website.

 

The amendment will not adversely affect the purchase price of goods already paid. We are not able to refund you for any price reduction that occurs between the time you place your order and the time the goods are delivered, when you pay online by credit card or bank transfer, or when you send us an electronic payment notification or when you collect the goods.

 

The security check of an online payment transaction takes a maximum of 24 hours.

 

3.4 If, despite all due care, the Service Provider displays an incorrect price on the Website, in particular a price of "0" Ft or "1" Ft that is obviously incorrect, e.g. significantly different from the generally accepted or estimated price of the goods, or a "0" Ft or "1" Ft price due to a system error, the Service Provider is not obliged to sell the goods at the incorrect price, but may offer to perform the sale at the correct price, in the knowledge of which the Customer may withdraw from the purchase.

 

4. CORRECTING DATA ENTRY ERRORS

 

4.1 At any stage of the order and until the order is sent to the Service Provider, the Customer has the possibility to correct data entry errors in the ordering interface (e.g. deleting a product from the shopping cart by clicking on "Change Cart").

 

5. BINDING OFFERS AND CONFIRMATION OF ORDERS

 

5.1 The receipt of the offer (order) sent by the Customer shall be confirmed by the Service Provider without delay, by means of an automatic confirmation e-mail to the Customer within 48 hours at the latest, which confirmation e-mail shall include:

- the estimated time of delivery,

- the acceptance of the order

- the receipt of the order

 

5.2 The Client is exempted from the obligation to make an offer if he does not receive a confirmation e-mail from the Service Provider regarding the order he has sent without delay, i.e. within 48 hours.

 

5.3 If the Customer has already sent his order to the Service Provider and notices an error in the data contained in the confirmation e-mail, he must notify the Service Provider within 1 day.

 

5.4 The order shall be deemed to be a contract concluded by electronic means and shall be governed by Act V of 2013 on the Civil Code, Act CVIII of 2001 on certain aspects of electronic commerce services and information society services.

 

The contract is subject to the provisions of Government Decree 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.

 

6. PAYMENT TERMS

 

6.4 Services ordered on the Website will be fulfilled by the Service Provider in the manner and at the time specified in the order confirmation sent to the Customer by e-mail.

 

6.5 The Customer can find out about the payment methods provided by the Service Provider on the matchthewine.com website.

 

7. RIGHT OF WITHDRAWAL

 

You have 14 days to withdraw from this contract without giving any reason. Similarly, in the case of a contract for the provision of services, once performance of the contract has begun, you have the right to terminate the contract without giving any reason within 14 days.

 

The period for withdrawal/cancellation in the case of a contract for the supply of goods "shall expire 14 days after the day on which you or a third party other than the carrier and indicated by you takes delivery of the goods.

 

If you wish to exercise your right of withdrawal/cancellation, you must send a clear statement of your intention to withdraw/cancel (e.g. by post or by electronic mail) to Match The Wine Kft, 1138 Budapest, Meder utca 2-4. Building: B. 9. floor. door 7, hello@matchthewine.com

 

You can also use the attached model withdrawal/cancellation form for this purpose.

 

(fill in and return only if you wish to withdraw from the contract)

 

Addressee [insert the name, postal address and e-mail address of the company]:

 

The undersigned(s) declare(s) that I/we exercise my/our right of withdrawal/cancellation in respect of the contract for the purchase of the following good(s) or the provision of the following service(s):

 

Date of conclusion/acceptance of the contract:

 

Name of consumer(s):

 

Address of consumer(s):

 

Signature of the consumer(s) (in case of paper declaration only):

Dated

 

You will exercise your right of withdrawal/cancellation within the time limit if you send your withdrawal/cancellation notice before the expiry of the time limit indicated above.

 

If you withdraw from this contract, we will reimburse you immediately, but not later than 14 days after receipt of your notice of withdrawal, for all the consideration you have paid, including the cost of carriage (excluding any additional costs incurred because you have chosen a mode of carriage other than the cheapest usual mode of carriage offered by us.) The refund will be made using the same method of payment as that used for the original transaction, unless you expressly agree to a different method of payment; you will not incur any additional costs as a result of using this method of refund. We may withhold the refund until we have received the goods or you have provided proof that you have returned them, whichever is the earlier.

 

You must return or hand over the goods to us without undue delay, but no later than 14 days from the date of your notice of withdrawal. The time limit is deemed to have been observed if you send the goods before the expiry of the 14-day time limit.

 

The direct cost of returning the goods is borne by you.

 

8. INFORMATION ON THE WARRANTY FPR MATERIAL DEFECTS, PRODUCT WARRANTY AND GUARANTEE

 

8.1. Accessories warranty

 

In which cases can you exercise your right to a warranty?

 

In the event of a defective performance by Match The Wine Ltd., you may claim a warranty of conformity from the company in accordance with the rules of the Civil Code.

 

What rights do you have under your claim?

 

You may, at your option, make the following claims:

 

You can ask for a repair or replacement, unless one of these is impossible or would impose disproportionate extra costs on the business compared to another request. If you did not or could not ask for the repair or replacement, you can ask for a proportionate reduction in the price, or you can have the defect repaired or replaced at the expense of the undertaking, or, as a last resort, you can withdraw from the contract. In the case of a contract between a consumer and a business for the sale of goods which are movable, the supply of digital content or the provision of digital services, you cannot, in exercising your rights under the implied warranty, repair the defect yourself or have it repaired by another person at the expense of the business.

 

You can switch from one warranty right to another, but you will bear the cost of the switch, unless it was justified or the business gave a reason for it.

What is the time limit for you to claim your warranty?

 

You must notify us of a defect as soon as you discover it, but no later than two months after the defect is discovered. However, you should be aware that you cannot claim for a defect after the two-year limitation period from the date of performance of the contract.

 

Who can you claim against?

 

You can claim against the business.

 

What are the other conditions for enforcing your rights?

 

Within one year from the date of performance, you may claim for a defective product or service provided that you prove that the product or service was provided by Match The Wine Ltd. However, after one year from the date of performance, you will have the burden of proving that the defect you have discovered existed at the time of performance.

 

8.2. Product warranty

 

In which cases can you exercise your right to a product guarantee?

 

In the event of a defect in a movable good (hereinafter referred to as "product" for the purposes of this clause), you may, at your option, exercise your right under clause 8.1 or claim under the Civil Code.

 

What rights do you have under a product warranty claim?

 

As a product warranty claim, you can ask for the defective product to be repaired or replaced.

 

Who can you claim against?

 

You can exercise your product warranty rights against the manufacturer or distributor of the product (together referred to as the "manufacturer").

 

In which cases is the product considered defective?

 

A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.

 

What is the deadline for you to claim under the product warranty?

 

You have two years from the date on which the product was put on the market by the manufacturer to make a product warranty claim. After this period, you lose this right.

 

What is the rule of evidence for a product responsibility claim?

 

In a product warranty claim, you must prove that the product was defective when it was placed on the market by the manufacturer.

 

In which cases is the manufacturer exempted from its product warranty obligation?

 

The manufacturer is exempted from its product warranty obligation if it can prove that.

- he has not manufactured or put the product into circulation in the course of his business, or

 

- the defect was not detectable according to the state of science and technology at the time when the product was placed on the market, or

 

- the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority.

 

The manufacturer only needs to prove one reason for exemption.

 

Please note that you can bring both claims against the company for a defect and a product warranty claim against the manufacturer for the same defect. If your product warranty claim is successful, you can now only claim against the manufacturer for the replaced product or the part of the product that has been repaired.

 

8.3. Guarantee

 

The Service Provider is not obliged to provide a guarantee.

 

8.4. Quality and Delivery Guarantee

 

8.4.1. Plug failure replacement guarantee

 

In the unexpected case of a product with a Plug Fault, the Service Provider will replace the product if the following conditions are met:

 

- Up to 1 dl of the bottle may be missing;

 

- The wine is returned to the service provider within 45 days.

 

The cost of returning the wine and ensuring unbroken packaging shall be borne by the customer.

 

8.4.2. Delivery damage guarantee

 

If the parcel arrives damaged on delivery, or if the products in the parcel are broken, it is the buyer's responsibility to report the fault immediately.

 

In such a case, the Service Provider will have the defective products shipped immediately and arrange for their replacement.

The cost of delivery in this case shall be borne by the Service Provider.

 

9. RESPONSIBILITY

 

9.1 The information on the Website is provided in good faith, but is for informational purposes only and the Service Provider is not responsible for the accuracy or completeness of the information.

 

9.2 The Customer may use the Website solely at his/her own risk and accepts that the Service Provider shall not be liable for any material or non-material damage arising from the use of the Website, other than for breach of contract caused intentionally, by gross negligence or by criminal offence, or for damage to life, limb or health.

 

9.3 The Service Provider excludes all liability for the conduct of users of the Website.

 

The Customer shall be fully and exclusively responsible for its own conduct, in which case the Service Provider shall cooperate fully with the competent authorities in order to detect any infringements.

 

9.4 The pages of the Service may contain links to the pages of other service providers. The Service Provider is not responsible for the privacy practices and other activities of these service providers.

 

9.5 The Service Provider is entitled, but not obliged, to check the content that may be made available by the Customers during the use of the Website, and the Service Provider is entitled, but not obliged, to look for indications of illegal activities with regard to the published content.

 

9.6 Due to the global nature of the Internet, the Client agrees to act in compliance with the provisions of applicable national laws when using the Website.

 

If any activity related to the use of the Website is not permitted under the laws of the Customer's country, the Customer shall be solely responsible for such use.

 

9.7 If the Customer discovers any objectionable content on the Website, he/she shall immediately notify the Service Provider. If the Service Provider, in the course of its good faith conduct, considers the report to be justified, it shall be entitled to delete the information or to amend it without delay.

 

10.COPYRIGHTS

 

10.1 The Service Provider is the copyright owner or the authorised user of all content displayed on the Website and in the provision of the services available through the Website: any copyright works or other intellectual works (including, but not limited to, all graphics, other materials, the layout, design, layout of the Website, the software and other solutions, ideas, implementations used).

 

10.2 The saving or printing of the contents of the Website and parts thereof on physical or other media for private use or with the prior written consent of the Service Provider is permitted.

 

Any use other than for private purposes, such as storage in a database, transmission, publication or downloading, commercialisation, etc., is only possible with the prior written consent of the Service Provider.

 

10.3. In addition to the rights expressly set forth in these GTC, no registration, use of the Website or any provision of these GTC shall grant the Customer any right to use or exploit any trade name or trademark displayed on the Website.

 

Apart from the display, temporary reproduction and private copying required for the intended use of the Website, these intellectual works may not be used or exploited in any form without the prior written consent of the Service Provider.

 

11. COMPLAINT REDRESS PROCEDURES

 

11.1. Complaints handling

The Customer may submit consumer complaints regarding the Service Provider's activities to the following contact details:

 

Customer support (Customer Service)

 

- E-mail: hello@matchthewine.com

 

The Customer may submit a consumer complaint about a product or activity using the contact details set out in section 10.1.

 

The Service Provider is obliged to examine and respond to the written complaint within thirty days of receipt and to ensure that the response reaches the Customer. If the Service Provider rejects the complaint, it shall state the reasons for its position in its reply on the substance of the rejection.

 

The Service Provider shall keep a record of the complaint and a copy of the reply for five years.

 

The Service Provider shall accept complaints submitted by the Customer at the direct contact details specified in Section 10.1 during the opening hours of the Customer Service.

 

11.2. Other enforcement options

 

In the event that any consumer dispute between the Service Provider and the Customer is not resolved by negotiation with the Service Provider, the following enforcement options are available to the Customer:

 

- Complain to the consumer protection authorities.

 

If the Customer detects a breach of his/her consumer rights, he/she has the right to lodge a complaint with the consumer protection authority competent for his/her place of residence. Once the complaint has been examined, the authority will decide whether to initiate consumer protection proceedings.

 

- Conciliation Board.

 

For the out-of-court, amicable settlement of consumer disputes related to the quality, safety and application of product liability rules, as well as the conclusion and performance of the contract, the Customer may initiate proceedings at the conciliation body of the professional chamber of the Service Provider's headquarters.

 

For the purposes of the rules on the conciliation body, a consumer is also a non-governmental organisation, church, condominium, housing association, micro, small and medium-sized enterprise, as defined in a separate law, who buys, orders, receives, uses, makes use of goods or is the recipient of commercial communications or offers relating to goods.

 

Contact details of the Budapest Conciliation Board:

 

- 1016 Budapest, Krisztina krt. 99. 111.

 

- Phone: +36 (1) 488-2131

 

- Court proceedings. The customer is entitled to enforce his/her claim arising from the consumer dispute before the court in civil proceedings in accordance with the provisions of Act IV of 1959 on the Civil Code and Act V of 2013 on the Code of Civil Procedure.

 

12. MEADOW PREBOOKING

 

12.1 The terms and conditions of the GTC shall apply tot he Meadow prebooking, subject to the exceptions set out in this clause. The terms and conditions not referred to in this clause shall continue to apply to the Meadow prebooking.

 

12.2 In the case of a Meadow Prebooking, the Customer shall reserve a quantity of a specific Wine from a specific Parent to be produced in the future (hereinafter referred to as the "Product" for the purposes of this clause). The reservation of the Product shall become final when the Customer places an order on the Service Provider's website in accordance with the order set out in clause 3, except that no payment on delivery is possible when placing such an order. In the event that the customer does not withdraw or terminate the contract, he accepts that he may not exercise his right of withdrawal or termination after delivery.

 

12.3 The Service Provider undertakes to provide the Customer with periodic information on the state of completion of the product until its delivery.

 

12.4 The Customer may withdraw from the contract 60 days after placing the order. In the event of cancellation, the Service Provider shall return the full amount of the order to the bank account used for the order within 5 working days.

 

 

12.5 The Meadow prebooking is an exception to the right of withdrawal and termination set out in Article 20 of the same Decree, pursuant to Article 29 (1) (a) of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses.

 

13. OTHER PROVISIONS

 

13.1 The security level of the matchthewine.com webshop is adequate and there is no risk in using it, however, we recommend that you take the following precautions: use virus and spyware protection software with an up-to-date database, install security updates for the operating system.

Purchasing from the Website 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.

 

13.2 The Service Provider's Internet shop only serves orders for household quantities.

13.3 By accepting these GTC, the Buyer declares that he/she is not buying on behalf of a legal entity or a legal entity that carries out catering activities.

 

13.4 Pursuant to Article 3 (1) of Government Decree 450/2023 (X. 4.) on the detailed rules for the establishment and application of the redemption fee and the distribution of products subject to the redemption fee, the products available in the webshop subject to the redemption fee shall include the redemption fee in accordance with the legislation in force at the time.

 

13.5. The Service Provider is entitled to unilaterally modify the terms and conditions of these GTC at any time. The Service Provider shall inform the users of the amendments by e-mail prior to their entry into force.

 

Budapest, February 3. 2025.