General contractual terms and conditions
Enters into force on: 16.07.2018
1./The subject of this agreement is to record the rights and obligations of the Customer and the Service Provider in relation to ordering, delivering and reconciling Edenrend vouchers. The Customer shall place orders specifically on the basis of this GCTC and with knowledge of the rules set out in this GCTC. Any deviation from this GCTC – including its annexes – is only allowed in a Special Contract concluded by the Parties in writing. Neither the Customer, nor the Service Provider are deemed as consumers.
2./ The Customer’s data, and the billing, transport and other conditions of the vouchers itemized by voucher type are contained in the contractual datasheet constituting Annex 1 to this agreement.
3./ The Parties enter into this agreement for an indefinite period. Any party may terminate this agreement at any time, without cause, by giving written notice to the other party (termination with notice). In the event of a termination with notice, the notice period shall be 90 days. In this period the contracting Parties shall fulfil their obligations under this agreement, and shall have the rights arising from this agreement.
4./ The Parties agree that in addition to the nominal value of the vouchers, the Service Provider shall charge for making them available. The service charge shall be set at a percentage of the aggregated nominal value of the vouchers ordered, and it is included in the contractual datasheet constituting Annex 1 to this agreement (hereinafter: Service Charge).
5./ “Parties agree that in the event of door-to-door delivery, the Service Provider shall charge a shipment rate. The shipment rate shall be uniformly HUF 1590 per address and recipient (hereinafter: Shipment Rate). The Shipment Rate shall fall due simultaneously with the payment of the consideration for the ordered vouchers.”
6./ The vouchers can be redeemed up to the validity date specified on them.
7.1 undertakes to place its order for vouchers via the on-line ordering interface provided by the Service Provider in a manner that it is received at the latest by the 5th working day before the requested delivery date;
7.2 undertakes to settle the consideration of the vouchers (amount of the nominal value + Service Charge + Shipment Rate, and VAT) by transfer on the basis of the pro forma invoice received after order placement. The Service Provider shall start compiling the ordered vouchers after the consideration for the order has been credited to its bank account.
7.3 shall make sure that on the delivery date specified by it, the person authorized to receive the vouchers should stay at the address given as the place of delivery. If for reasons falling within the Customer’s powers, the Service Provider’s agent is unable to hand over the vouchers at the address specified as the place of delivery, the Customer shall request a repeated delivery for the vouchers, in which case the Service Provider shall be entitled to charge a separate Shipment Rate – with due consideration to the provisions of Section 5 – irrespective of whether it had been allowed to charge a Shipment Rate on the occasion of the failed delivery or not. In this case a Shipment Rate shall fall due simultaneously with receipt of the vouchers;
7.4 undertakes to inform the Service Provider in writing of any change in its company name, registered office, phone number, bank account number and tax registration number within 7 days following the change. The Service Provider shall not be held accountable for any problems arising from a failure to perform or late performance of this obligation, including any late delivery.
7.5 the Service Provider shall delete all unpaid orders after 30 days following order placement.
7.6 if paid but unreceived orders are cancelled, the Service Provider shall act as per Section 8.4 hereof.
8./ Service Provider
8.1 undertakes to issue a Pro Forma Invoice based on the Customer’s order and to send it to the Customer at the appropriate time to enable the Customer to fulfil its payment liability specified in this agreement by the deadline;
8.2 shall compile the ordered vouchers on the basis of the Customer’s order placed in the manner and by the time specified in this agreement, but at the earliest on the 3rd working day following payment of the consideration of the vouchers from its stock and ship it to the delivery address;
8.3 undertakes to take the required action without delay, based on the Customer’s written request, as a separate service, for no charge to the Customer, on request from the competent authority in relation to the theft of the vouchers, to clear up the possible places of redemption, on the basis of the serial numbers specified by the Customer;
8.4 based on the Customer’s written request, credits (repays) the nominal value of the tickets unused in the given year, less any administration costs, within 30 days, if the Customer returns them to the Service Provider in a way that they are received at the latest by 31 January in the year following the given year. The administration fee shall be 6% of the nominal value (minimum HUF 3000) + VAT.
8.5 It shall replace the Service Provider’s voucher by another voucher free of charge if such replacement is due for reasons within the Service Provider’s power. The Service Provider shall issue replacement vouchers for the Customer exclusively in a value equal to the result of scanning. The Service Provider shall not replace any overdue or counterfeit voucher by a valid voucher.
8.6 the Service Provider shall inform the Customer of any change in the Service Charge at least one month before the entry into force of the modification.
9./If the Service Provider is late with the delivery of the vouchers by at least 3 working days – provided that the Customer has fulfilled its order placement obligations and payment liabilities in accordance with the provisions of this agreement and that late performance has not been caused by force majeure -, and due to the late performance, the Customer no longer requires the vouchers, the Service Provider shall repay the total amount of the consideration for the given order by bank transfer if the Customer makes a written claim to this effect, within 2 working days following receipt of the latter.
10./ The Service Provider retains the right to request a special agreement from the Customer for a special delivery deadline if the Customer’s orders placed in the calendar month significantly exceed the average amount or value of orders.
11./ Parties agree to have their statements delivered to each other by post or in person. A postal consignment shall be considered to have been delivered on the day of signing the acknowledgement of receipt confirming dispatch.
12./ Parties agree to settle any legal dispute arising from this agreement primarily amicably.
13./ These GCTC shall enter into force on 16.07.2018. The Service Provider shall be entitled to unilaterally modify the GCTC and shall a display a public notice on its website 15 days prior to the entry into force of the modification. If up to the effective date of the GCTC, the Customer does not object in writing, the modifications shall expressly be considered as accepted. Once a modification has entered into force, the modified GCTC shall apply to the legal relationship between the Parties, including any Order placed after the modification.
14./ This agreement shall be governed, among others, by the provisions of the Civil Code.