Terms of service
General Terms and Conditions
These General Terms and Conditions (hereinafter: GTC) contain the terms of the contract between Pogrányi Kereskedelmi és Szolgáltató Limited Liability Company (registered office: 1142 Budapest, Tengerszem u. 7.a., registered by the Company Court of the Metropolitan Court of Budapest, company registration number: 01-09-724478, tax number: 13224147-2-42, hereinafter: Seller or Pogrányi Kft.) and the buyer of the product sold by it (hereinafter: Buyer). All orders and deliveries are subject to these GTC, deviations are only possible on the basis of a separate agreement.
By placing an order, the Buyer acknowledges these GTC as binding. The Seller is entitled to amend the conditions of these GTC at any time. Any amendment shall enter into force simultaneously with its publication on the website.
I. General Information
These GTC shall apply to commercial activities provided by the Seller, ordered by the Buyer through telecommunication means (internet, telephone, fax) or in person.
Orders may be placed in the manner specified in these GTC. Placing an order does not constitute a contract.
A non-custom order may be freely modified or cancelled until the delivery of the product. This can be done in writing, by letter sent electronically. In the case of an order with delivery, any costs incurred until the modification or cancellation shall be borne by the Customer.
A custom order may be freely modified or cancelled until the acceptance of the Seller’s quotation. This can be done in writing, by email. In case of cancellation after the acceptance of the quotation, the Buyer shall pay a penalty equal to 100% (one hundred percent) of the purchase price of the ordered product, which the Seller shall be entitled to set off against any advance payment already made.
A custom order is defined as the order of a product supplied at the express request of the Buyer and which cannot be returned. The Seller shall inform the Buyer if his order qualifies as custom.
Contracts concluded between the Parties in Hungarian shall be registered by the Seller and retained at its registered office for 5 years.
II. Contact Details
Pogrányi Kft. – Spare Parts Trade
1142 Budapest, Tengerszem u. 7.a.
Opening hours: Monday–Thursday 8:00–17:00, Friday 8:00–16:00
Telephone: +36 (1) 273-1371, +36 (1) 273-1372, +36 (30) 289-6116
E-mail: info@pogranyi.hu, iroda@pogranyi.hu
III. Products
The Seller distributes exclusively genuine and aftermarket spare parts for passenger cars, trucks and buses. More detailed information about the products distributed can be found on the Seller’s website under the "Products" menu.
If you have any questions regarding the product before making a choice, our customer service is at your disposal.
IV. Prices
The prices of the products expressed in Hungarian Forints may vary depending on the EUR exchange rate.
V. Orders
Each order must include the Buyer’s name, address, the exact designation of the product ordered, the quantity, and the delivery address.
Purchases made via the internet are governed by Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society.
Orders placed via the internet are made through the "Request a Quote" menu on the www.pogranyi.hu website or by sending a letter to the Seller’s email address.
The Seller shall immediately confirm receipt of the Buyer’s purchase offer, inform the Buyer if his order qualifies as custom, provide a quotation, and inform the Buyer of the expected date of receipt of the goods and the methods of delivery.
Orders may be placed exclusively by registered users (resellers) using the program downloadable from the Seller’s website.
Orders may only be placed by regular customers by telephone.
Orders in person may be placed by filling in and signing the order form provided for this purpose at the Seller’s business premises. When placing the order, the Buyer shall pay 25% of the purchase price of the ordered goods as an advance payment and undertakes to collect the goods and pay the remaining purchase price upon collection.
Cancellation of an order may only be made in writing – by email.
VI. Collection of Ordered Products
The Seller delivers the ordered product, upon request, to the delivery address provided by the Buyer, subject to a delivery fee, either by its own vehicle or by using a transport company.
In the case of orders requested with delivery, the delivery fee shall be borne by the Buyer and indicated separately on the invoice.
The Buyer is obliged to check the package in detail upon delivery of the product and to sign the receipt of delivery in case of full performance. After this, the Seller is not obliged to accept complaints regarding shortages. If the Buyer notices any damage or shortage upon receipt of the goods, the delivery agent shall, at the Buyer’s request, draw up a report.
The ordered products can also be collected personally by the Buyer at the Seller’s business premises. In case of personal collection, the contract between the Parties shall be concluded upon collection of the goods. For this reason, personal collection shall not be considered a distance contract.
VII. Payment Terms
The Seller shall issue an invoice in accordance with the applicable tax laws upon delivery of the goods. The Buyer shall make payment by the date indicated on the invoice in the manner specified therein. Payment shall be made in cash. In the case of companies, for orders exceeding HUF 1,500,000, payment by bank transfer within 8 days may be requested.
Payment of the purchase price may also be made by bank transfer in advance.
The Seller reserves the right to request an advance payment and to deliver the ordered product cash on delivery.
In the case of advance payment, the Seller shall issue and deliver a pro forma invoice to the Buyer on the date the amount is received. The amount of the advance payment shall be deducted from the final invoice.
In the event of late payment, the Seller shall charge default interest at the central bank base rate plus 7%.
VIII. Retention of Title
Ownership of the goods does not transfer to the Buyer upon receipt of the goods, but only upon full payment of the purchase price. The Seller retains ownership of the goods until full payment is made. Until retention of title expires, the Buyer is not entitled to install the goods, sell them to a third party, or encumber them. The Buyer shall be liable for any damage occurring during this period.
IX. Right of Withdrawal
If the Buyer wishes to withdraw from the purchase after home delivery of the product, this may be done within 8 working days of receipt of the goods, without giving reasons. This is regulated by Government Decree 17/1999 (II.5.) on distance contracts.
The Buyer may exercise the right of withdrawal from the day he receives the goods. The product must be returned in its original, undamaged condition together with the invoice to the Seller’s address. The Seller is only obliged to refund the purchase price if the product is returned in new condition (undamaged, with complete contents). The Buyer shall bear the costs of returning the product in connection with exercising the right of withdrawal.
In the event of withdrawal, the Seller may claim compensation from the Buyer for damages resulting from improper use of the goods.
If the Buyer lawfully exercises the right of withdrawal, the Seller undertakes to refund the purchase price within 30 days in accordance with the provisions set out in the applicable legislation.
A custom order may be freely cancelled by email until the acceptance of the Seller’s quotation. If a custom order is cancelled after acceptance of the quotation, the Buyer shall pay a penalty equal to 100% of the purchase price of the ordered product, which the Seller is entitled to set off against any advance payment already made.
X. Warranty, Guarantee
The provisions in force at any given time of Act IV of 1959 (Sections 305 – 311/A) shall apply to warranty and guarantee.
In the case of legitimate quality or quantity complaints, the Seller shall fulfil its warranty or guarantee obligations in accordance with the legal requirements. Warranty and guarantee claims can only be enforced upon presentation of the invoice or guarantee certificate issued by the Seller. The warranty period begins on the date of receipt of the goods. Enforcement of the warranty is conditional upon proof of installation by an authorized service workshop.
After receipt of the goods, the Seller is not liable for defects caused by external influences at the Buyer, nor for defects resulting from improper use.
Complaints shall not affect the Buyer’s obligation to pay the full invoiced amount.
The place of fulfilment of warranty obligations shall be the Seller’s business premises.
Apart from the obligations concerning the defective product, the Buyer is not entitled to claim any other compensation – e.g. for loss of profit resulting from delivery of a defective product.
XI. Data Protection
The Seller stores the data provided by the Buyer for specific purposes, primarily for the performance of the contract and for the subsequent proof of the terms of the contract. The Seller does not disclose the Buyer’s data to third parties, except where a third party acts as the Seller’s subcontractor in the performance of the contract.
In handling customer data, the Seller acts in accordance with the provisions of Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information, as in force from time to time.
XII. Miscellaneous Provisions
The Parties stipulate the jurisdiction of the Buda Central District Court and the Budapest Regional Court for the settlement of any disputes.
Budapest, 25 March 2013
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Pogrányi Kft.
Rep.: Gyula Pogrányi, Managing Director