GENERAL CONTRACTUAL CONDITIONS

 

GENERAL CONTRACTUAL CONDITIONS

If you wish to become a Customer or an active user of our Webshop, participate in our Events, use our Accommodation Service or become a member of the Mokos Wine Club, please read our General Terms and Conditions (hereinafter: GTC) carefully and only use our services if you agree with all the points of the GTC and consider them binding on you.

For any questions regarding the operation of the Webshop, ordering, booking and delivery, please contact the the contact details provided we are at your disposal! The Seller's primary electronic and telephone contact information can be found in the Owner/Seller Information. The Buyer can use this electronic contact information as the primary means of making a declaration, communicating his right of withdrawal, registering his data and obtaining information on the technical possibilities for correcting data entry errors.

The essential characteristics of the contract can be defined as follows:

• Description of operator/loader data
• Concepts
• Contract
• Description of the range of products and services available for purchase
• Booking, reservation information
• Information on processing orders and reservations
• Information and information about product pick-up, delivery and services
• Information on payment of the purchase price of a product or service
• Description of the right of withdrawal, information on how to exercise the right of withdrawal
• Complaints handling
• Quality Assurance and Guarantee
• Copyrights
• Relevant legislation

Operator/ Vendor details

Company name: KÖRPINCE Wine, Trade and Service Limited Liability Company
Registered office: 7771 Palkonya, Hegyalja utca 1.
Tax number: 14348826-2-02
Bank account number: 50400096-11091628 - Takarékbank Zrt.
IBAN: HU95 5040 0096 1109 1628 0000 0000
SWIFT code: TAKBHUHBXXX
Company registration number: Cg.02-09-072650
Registering Company Court: Baranya County Company Court,
Registering authority: Újpetrei Közös Önkormányzati Hivatal,
Contact person: Balázs Mokos
Electronic contact:  info@mokos.hu
Contact by phone: +36(72)200-201 

Data on the hosting provider

Company name: Tárhely.Eu Szolgáltató Korlátolt Felelősségű Társaság
Tax number: 14571332-2-42
Headquarters: 1144 Budapest, Ormánság utca 4. X. em. 241.
Electronic contact:  support@tarhely.eu

 

Concepts

Price: movable property, including goods put up in containers, bottles or other containers in limited quantities or of limited capacity

Parties: Seller and Buyer together

Consumers: a natural person acting outside the scope of his or her profession, self-employment or business activity

Consumer contract: a contract where one of the parties is a consumer

Website/Webshop: this website, which is used to conclude the contract

Contract: Sales contract between Seller and Buyer using the Website and electronic mail

Product: the goods or services offered for sale on the Website

Business: a person acting in the course of his or her profession, self-employed occupation or business

Buyer: the person who enters into a contract with the person making a purchase offer via the Website

Purchase price: the consideration payable for the goods.

 

Contract

The content of the sales contract to be concluded between the Parties is set out in these General Terms and Conditions (GTC). This contract sets out the rights and obligations of the Seller and the Buyer and regulates the content of the resulting contract. The contract of sale concluded between the Seller and the Buyer shall not be registered and shall be concluded only in electronic form, as provided for in these GTC. The contract is not retrievable subsequently and does not refer to a code of conduct. The contract shall be concluded on the day of the order, reservation or purchase and shall be terminated in compliance with the time limits laid down by law. The Customer must read the provisions of the GTC before finalising his order.

Contract language: Hungarian

 

Description of the range of products and services available for purchase

In the webshop you can buy wines, fruit wines, brandies and other complementary products, vouchers and tickets for our events. Our products and services are typically those produced by Mokos Family Winery from our own grapes and fruit or from events and services organised by us. You can find more descriptions and information about our products and services on the product pages, next to the product and next to the events and services. The prices shown for products and services include VAT at the statutory rate (currently 27%*), but do not always include delivery charges. There is no extra packaging charge!

We make every effort to ensure that our database contains the current, valid prices at all times, but we cannot accept responsibility for any errors. In case of incorrect price indication, the Seller offers the possibility to buy the product at the real price, in the knowledge of which the Buyer can decide whether to order the product at the real price or to cancel the order without any adverse legal consequences.
Please let us know if you see unrealistically low or high prices on our website.

 

Booking, reservation information

Registration is not required to browse the Webshop, view text content or Products. However, the Buyer must register in the system before ordering any Product. When registering, the following data must be provided: name, user name, password, the desired delivery address, e-mail address and telephone number. The provision of these data is a prerequisite for the completion of the order and the conclusion of the contract. Tickets for our events can also be purchased via our Webshop.

We can only provide a service (e.g. wine tasting, team building, wine dinner, wedding) if there is a written agreement to order and accept it, which includes the name, (billing) details, e-mail address, telephone number of the Customer and the exact details and conditions of the service requested, as well as the Seller's details.

You can view, change and delete your registered data at any time after logging in to the site, under Account details, or you can request this by the contact details provided.

 

Processing orders, reservations

Orders and reservations are processed on working days from 10 am to 4 pm.
It is possible to place orders and bookings outside the times indicated for processing orders and bookings, however, if this is after working hours, they will only be processed the following day.

For clarification, special requests and possible problems, please contact contact details provided one of the following. If you feel you have ideas on how to make our shop more user-friendly, we welcome your comments.

 

Information and information about product pick-up, delivery and services

You can choose from the following delivery methods when finalising your order:

1, Home delivery

We deliver the ordered goods to your doorstep all over Hungary. The delivery fee is HUF 1990 gross (in case of bank transfer in advance) or HUF 2490 gross (in case of cash on delivery) for orders up to HUF 19 999 gross, and HUF 20 000 gross or more. Delivery can be made by postal parcel service on working days between 08.00 and 17.00. Our parcel delivery partner is GLS courier service. The invoice is included in the package. Please inspect the parcel before the courier delivers it and if you notice any damage to the products, please ask for a report to be made and do not take the parcel. We are not able to accept any subsequent complaints regarding the integrity of the parcel without a report! Parcels are delivered on working days between 8 am and 5 pm. If you are not at home during this period, it is advisable to specify a work address as the delivery address (if available). The courier service will attempt to deliver the parcel twice, and after the first unsuccessful delivery, will attempt to contact the Customer by telephone up to two times to deliver the goods at a convenient time. If unsuccessful, the Goods will be returned. The delivery charges for parcels not picked up by the courier service (which may exceed the delivery charges shown on the site) will be charged to the Buyer!

2, Personal receipt

You can pick up your order in person at our Winery (Address: 7771 Palkonya, Hegyalja utca 1.) during its opening hours. No delivery costs will be charged for personal pick-up. If the ordered product is in our shop, we will send you a confirmation within two working days and you can pick up your order immediately. In case of urgency, you can call us to enquire about stocks.

We can only provide a service (e.g. wine tasting, team building, wine dinner, wedding) if it has been agreed in writing and accepted.

 

Information on payment of the purchase price of a product or service

When finalising your order or reservation, you can choose from the following payment methods:

1, Payment on delivery

In this case, the price must be paid in cash to the courier (or, in the case of personal collection, to the staff at the collection point) at the time of collection. Only order the products you want if you are able to pay the courier at the time of collection. Unpaid parcel may be considered as a failed delivery and the delivery fee charged by the courier service may be charged to the Customer.

2, Payment in advance by bank transfer

The transfer is free of charge, but your bank may charge a fee for the transfer. Transferring money is a practical solution if your colleague or receptionist takes your order next door or at work. In this case, please transfer the amount of the order to the account number 50400096-11091628 of Körpince Kft. Please indicate the order number in the message field. If you choose this method of payment, the order will be sent after receipt of the transfer.

3, Personal receipt

You can pick up your order in person at our Winery (Address: 7771 Palkonya, Hegyalja utca 1.) during its opening hours. You can pay in cash, by credit card or SZÉP card (if the payment of the given product or service is possible by SZÉP card in accordance with the legal regulations).

The method of payment of the fees for services (e.g. wine tasting, team building, wine dinner, wedding) is subject to a written agreement between the Buyer and the Seller.

 

Right, method and consequences of withdrawal from the purchase

The Customer has the right to withdraw from the purchase after the order has been placed, but before delivery. This can be done in writing in the first instance to the e-mail address given in the Customer/Seller details, using the model withdrawal/cancellation form, the can be downloaded from the following link. In this case, the buyer is not liable for any costs.

If you wish to withdraw from the purchase after taking delivery of the Goods, you may do so in the following way: the Buyer may withdraw from the contract within 14 working days without giving any reason. The Buyer may exercise his right of withdrawal from the day on which he takes delivery of the Goods. The right of withdrawal applies to all unopened products. The right of withdrawal does not apply to products damaged after receipt. You can give notice of your right of withdrawal in writing in the first instance to the e-mail address given in the Customer/Seller details, using the model withdrawal/cancellation form, the can be downloaded from the following link. When returning the goods in person, we will refund the goods in the same way as the payment method in the first instance. If you return the goods by post or courier, we will refund the goods within 5 working days of receipt of the goods (but no later than 14 days after cancellation), in the first instance by the same method of payment. In the event of cancellation, the Buyer must return the goods without delay, but no later than 14 days after notification of cancellation. The return and delivery costs of the products shall be borne by the Buyer.

If the product is found to be damaged after opening in the presence of the courier, and the damage occurred before the goods were received, the product can be replaced within 14 days. In this case, you can prove the damage by a report taken by the courier. If you cancel your order within 14 days before or after the delivery of the product and you have paid the price of the wines in advance by bank transfer, the purchase price will be refunded to the Buyer's bank account. If the Customer has not received the order confirmation by the date of receipt of the product, he/she may exercise his/her right of withdrawal until eight working days after receipt of the order confirmation, but not later than 30 days after the date of receipt of the product.

In the case of the provision of services, if the Buyer exercises his right of termination after the start of the performance, he shall reimburse the Seller for the reasonable costs incurred in the performance of the services.

 

Additional costs

If the Buyer explicitly chooses a mode of transport other than the least costly usual mode of transport, the Seller is not obliged to reimburse the additional costs resulting from this. In such a case, we shall be obliged to reimburse up to the amount of the indicated standard transport rates.

 

Right of retention

The Seller may withhold the amount due to the Buyer until the Buyer has returned the goods or has proved beyond reasonable doubt that he has returned them, whichever is the earlier. We are not able to accept or take delivery of consignments sent by post.

If the Seller fails to fulfil its contractual obligations because the product specified in the contract is not available or it is unable to provide the service ordered, it shall inform the Buyer immediately and refund the amount paid by the Buyer without delay, but within 14 days at the latest. The Seller shall not be liable for any damages resulting from the non-fulfilment of orders and the Buyer shall not be entitled to claim any such damages.

The Seller shall not be liable for any delay due to the incorrect and/or inaccurate bank account number or postal address provided by the Buyer. The Buyer shall not be entitled to exercise his right of withdrawal if he purchases goods which are personal to the Buyer or which have been produced, engraved or labelled on the instructions or at the express request of the Buyer. The Seller shall also inform the Buyer in writing of the conditions and possibilities of withdrawal.

 

Complaints handling

For questions about the operation of the online shop, ordering, booking and delivery, please contact the the contact details provided we are at your disposal! The Seller's primary electronic and telephone contact information can be found in the Owner/Seller Information. The Buyer's primary means of complaint is through these electronic contact details.

The Buyer may communicate his complaint to the Seller orally and in writing, which may relate to the Seller's activities. The Seller shall investigate the oral complaint and, if necessary, remedy it immediately. If the Buyer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Seller shall keep a record of the complaint and its position and shall provide a copy of the record to the Buyer in person or electronically. In the case of a complaint communicated by telephone, in writing or by other electronic means, the Seller shall send the record of the investigation of the complaint, together with the reply on the merits, to the Buyer within 30 days at the latest, in accordance with the provisions applicable to the reply to a written complaint, and shall provide it with a unique identification number. The Seller shall state the reasons for its rejection of the complaint.

The record of the complaint must include the following:
- name and address of the Buyer,
- where, when and how the complaint was lodged,
- a detailed description of the Buyer's complaint, a list of documents, records and other evidence presented by the Buyer,
- a statement by the Seller of its position on the Buyer's complaint, if an immediate investigation of the complaint is possible,
- the signature of the person who took the minutes and, except in the case of an oral complaint made by telephone or other electronic communication service, the signature of the Buyer,
- place and time of recording of the minutes

The Seller must keep the record of the complaint and a copy of the reply for three years and present it to the inspection authorities at their request.

If the complaint is rejected, the Seller shall inform the Buyer in writing of the authority or conciliation body to which the complaint may be submitted, depending on its nature. The information shall also include the seat, telephone and Internet contact details and postal address of the competent authority or conciliation body in the place where the Buyer resides or is staying. The information shall also indicate whether the Seller will use the conciliation procedure to settle the consumer dispute. In the event that any consumer dispute between the Seller and the Buyer is not resolved in the course of the negotiations, the following enforcement options shall be available to the Buyer:

Consumer protection procedure

You can complain to the consumer authorities. If the Buyer detects a violation 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. The consumer protection authorities of first instance are the metropolitan and county government offices competent for the place of residence of the Customer, a list of which can be found here: http://www.kormanyhivatal.hu/

Court proceedings

The Buyer is entitled to enforce its claims arising from the consumer dispute before the court in civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

Conciliation Body procedure

Please note that as a Buyer, you may have a consumer complaint against us Sellers. If your Consumer complaint is rejected, you have the right to refer it to the competent conciliation body in your place of residence or domicile: the conciliation body may only take action if the Customer attempts to settle the dispute directly with the Seller concerned. The conciliation body designated in the Buyer's application shall be competent to take proceedings instead of the competent body, upon the Buyer's request.

More information on the Conciliation Boards is available here: http://www.bekeltetes.hu

For more information on the local Conciliation Boards, click here:

https://bekeltetes.hu/index.php?id=testuletek

Conciliation body in the country where the company is established

Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy I. u. 36.
Phone number: 06-72-507-154
Fax: 06-72-507-152
E-mail: abeck@pbkik.hu; mbonyar@pbkik.hu

Online dispute resolution platform

On the website set up by the European Commission, Buyers can register and thus have the possibility to settle their online shopping disputes by filling in an application form, avoiding court proceedings. If you, as a Buyer, wish to complain about a product or service purchased online and do not necessarily want to go to court, you can use the online dispute resolution tool.

The online dispute resolution platform is available here: https://ec.europa.eu/odr

 

Quality Assurance and Guarantee

Quality assurance

Our winery always strives to ensure consistent and high quality. We place great emphasis on quality control in the production of our products, strictly observing food and production technology regulations. If you have any complaints about the quality of our products, please contact us at contact details below.

Please note that damage to the package and the product is often caused by reasons beyond our control. Please check the integrity of the package before delivery. If you see any damage, make a report and do not take the parcel. We are not able to accept subsequent complaints about physical damage to the parcel without a report.

We are not able to validate an exchange in the following cases:
* if the bottle shows deposits of wine stones, colour leaching.
* if the wine has a colour defect but the wine bottle is open.
* if the customer claims an external defect after signing a document certifying that the product has been received intact.

Cases where the wine is corked, i.e. the so-called "corky taste" is noticeable, are subject to individual assessment, so if you encounter this problem please contact us at contact details provided one of the following. In the event of a quality complaint, please keep the bottle and/or product so that we can investigate the quality complaint properly.
In the event that the Buyer has opened the wine or Product and returned it with a quality complaint, but we have not been able to clarify the reason for the complaint, we are not obliged to buy back and/or replace the product. In such a case, we will return the Product to the Buyer at his own expense.

Accessories warranty

In the event of defective performance, the Seller may assert a claim for warranty against the Seller in accordance with the provisions of the Civil Code and, in the case of consumer contracts, in accordance with the provisions of Government Decree 373/2021 (30.VI.).

The Consumer may request a repair or replacement, unless the fulfilment of the chosen request is impossible or would involve disproportionate additional costs for the Seller compared to the fulfilment of his other request. If the repair or replacement was not or could not have been requested by the Consumer, the Consumer may request a proportionate reduction of the price or have the defect repaired or replaced at the Seller's expense or, as a last resort, withdraw from the contract. For purchasers who are not consumers, the period of validity of the right to claim under a warranty of fitness for a particular purpose is 1 year from the date of performance (delivery). In the case of a contract between a Consumer and a Business for the sale of goods which are movable, the Consumer may not, in exercising his rights under the accessory warranty, remedy the defect himself or have it remedied by another person at the Seller's expense.

The consumer can assert a warranty claim against the Seller, within six months (one year in case of sale of goods) from the date of performance, provided that you prove that the goods or services were provided by the Seller. However, after six months from the date of performance (one year in the case of goods), you will have to prove that the defect you have discovered existed at the time of performance.

Product Warranty

In the event of a defect in a movable item (product), you can choose between a warranty claim for accessories or a product warranty claim. As a product warranty claim, you can only request the repair or replacement of the defective product. You can only exercise your product warranty claim against the manufacturer or distributor of the movable item. You must prove that the product is defective in order to make a product warranty claim.

 

Copyrights

Pursuant to Section 1 (1) of Act LXXVI of 1999 on Copyright (hereinafter: the Copyright Act), the website is considered a copyright work, and therefore all parts of it are protected by copyright. The Copyright Act (Szjt. Pursuant to Article 16 (1) of the Copyright Act, the unauthorised use of the graphics, software, computer programs or any other application that may be used to modify the website or any part thereof is prohibited. Any material from the website and its database may be reproduced, even with the written consent of the copyright holder, only with reference to the website and with acknowledgement of the source. The copyright holder.

The mokos.hu domain name and the "Mokos" trademark are protected by law, trademark protection, and their use - with the exception of the reference - is possible only with the prior and express written consent of Körpince Kft.

Any unauthorised use of the above content on the www.mokos.hu website, as well as of the trademarks indicated above, may result in criminal and civil penalties. In the event of unauthorised use, Körpince Kft. may legitimately demand the cessation of the infringement, compensation for the damages caused by the infringement and the return of the enrichment obtained by the use; and - in accordance with the provisions of the Criminal Code. 384-385 of the Criminal Code and in the case of any of the offences under §§ 388 of the Criminal Code, and in the case of any of the offences under §§ 388 of the Criminal Code, to bring a criminal charge.

 

Relevant Legislation

The Contract shall be governed by the provisions of Hungarian law, and in particular by the following laws:

1997. Act CLV of 2007 on Consumer Protection
1998. Act CVIII of 2007 on certain aspects of electronic commerce services and information society services
1999. Act V of 2007 on the Civil Code

Government Decree No 151/2003 (IX.22.) on the compulsory warranty of consumer durables

Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses

19/2014 (IV.29.) NGM Decree on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business

1999. Act LXXVI of 2006 on Copyright
2000. Act CXX of 2006 on the Right to Informational Self-Determination and Freedom of Information

REGULATION (EU) No 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on combating unjustified territorial restrictions and other forms of discrimination based on the nationality, residence or domicile of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC

REGULATION (EU) No 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation)

Government Decree No 373/2021 (VI. 30.) on the detailed rules for contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services

Our Privacy Policy HERE reaches.