General Conditions of Sales and Delivery
General Conditions of Sales and Delivery
The present terms and conditions shall apply to all existing and future deliveries and sales made by PER-KOR Kereskedőház Kft. (PER-KOR Kft. as "Seller"), unless otherwise agreed in writing, or the contracting parties agreed expressively about ignoring some of the conditions, in writing. Alternate or additional conditions of the Customer shall only become part of the agreement between PER-KOR Kft. and the Customer if PER-KOR Kft. has explicitly agreed to them in writing. The Seller’s failure to object or respond to any additional terms and conditions shall not be regarded as approval. Purchase conditions of the Customer shall be considered non-binding for the Seller.
These terms and conditions shall be binding if declared to the Customer and if the Customer placed the order in their knowledge.
1. Offers and orders (Conclusion of contract)
The contract shall be deemed to have been concluded if the contracting parties made a written agreement, and if PER-KOR Kft. confirmed the order received by regular mail, fax or in another written way, in writing. Verbal agreements will not have binding effect on PER-KOR Kft. and therefore must be confirmed in writing. In a constant Customer-Seller relationship PER-KOR Kft. confirms the verbal order of the Customer in writing, and starts to prepare the ordered products for shipment according to the order confirmation, even if the Customer fails to issue a written order. For any future disputes, the order confirmation shall be decisive for the terms of contract. The order should clearly specify the name, location, notification and delivery address of the Customer as well as the name and position of the person who placed the order. Any conditions stipulated by the Customer shall be part of the contract once PER-KOR Kft. expressively confirmed them in writing. If the Customer fails to issue a written order confirming the verbal one, the Seller is not responsible for any possible differences and deficiencies. If PER-KOR Kft. confirms the order with different conditions as ordered it shall be deemed as a new offer and the contract is not concluded. The Customer cannot cancel the contract once PER-KOR Kft. confirmed the order. If PER-KOR Kft. is committed to fulfill the contract in parts and offered already the fulfillment of one part of the services the Customer cannot cancel the contract for the rest of the services.
All offers of PER-KOR Kft. concerning quantity, quality and price are subject to prior sale and availability, without engagement.
2. Terms and Conditions to use our Webshop
The following Weshop Terms and Conditions apply to use of the Online Shop www.perkor.hu (“Webshop”), as well as the related subpages and unrelated sites with the domain name “perkor”. In the following the webshop refers to: www.perkor.hu, as well as to the related subpages and to the unrelated sites with the domain name “perkor”.
2.1. The webshop is only available for business partners of the company PER-KOR Kereskedőház Kft. (hereinafter referred to as PER-KOR Kft.) who are entitled business entities. Hereafter called: “Users”. Anyone interested can browse the product range of the company PER-KOR Kft. without checking prices and stock level, and without order placement. Hereafter called "Interested”.
2.2. You may request permission to use the webshop by filling in the registration form on the website or by sending an e-mail to firstname.lastname@example.org . Permission of use is approved or rejected by the management of the company PER-KOR Kft.
In the case of a rejection the Interested can browse the product range of the company PER-KOR Kft. without checking prices and stock level, and without order placement.
If permission is authorized the User will receive an e-mail with the login details.
2.3. The User authorized to use the webshop has the right to browse the product range of the company PER-KOR KFT., checking stock and sales price data, and to place an order and send an inquiry. At the same time, it is the duty of the User authorized to use the webshop, to handle information about price, stock level, order, etc. as business secret and do not transfer such data to a third party.
2.4. You may not transfer your username and password to the webshop without the written permission of the company PER-KOR Kft.
2.5. If the user terminates the employment of the company that has been authorized to use the webshop and / or the previous activity of the company is terminated or modified, it is obliged to inform the management of the company PER-KOR Kft. in writing within 3 (three) business days after the change. In this case, the management of the PER-KOR Ltd. decides on deleting the username.
2.6. Failure to comply with the obligations described in section 2.3, 2.4 and 2.5. is considered a contract violation. In this case the company PER-KOR Kft. is entitled to claim damages from the user and / or the represented company.
2.7. An order placed in the webshop becomes to a contract when a salesperson of the company PER-KOR Kft. has sent an order confirmation, in writing, as a signed e-mail from one of the company’s e-mail address.
2.8. The prices and stocks displayed in the webshop are valid while stocks last, without reservation.
2.9. If the ordered goods are no longer on stock upon receiving the order, a salesperson of the PER-KOR KFT. will contact the User to agree on the terms of the new purchase. In this case, the price and delivery time may differ from the previously offered. The User will receive a new offer with the new conditions. He has the option to either accept or decline the new offer.
2.10. If the User orders products from the webshop, each request for cutting, home delivery, packaging (eg: pallet deposit) and other requirements that may arise will be checked by a salesperson of the company PER-KOR Kft. upon receiving the order and, if the request can be met, the cost(s) arising from it will be written in the order confirmation sent via e-mail.
2.11. The webshop can only be used by entitled business customers of the company PER-KOR Kft. on behalf of a business company, and as such are not subject to the right to withdraw from online orders of the private persons. In case of products and services ordered in the webshop, the User / Orderer / Customer cannot terminate the contract after sending the order confirmation via e-mail by the company PER-KOR Kft.
2.12. The Terms and conditions of the company PER-KOR KFT. described on this page are also applicable to requests and orders placed in the webshop.
2.13. The webshop is the intellectual property of the company PER-KOR Kft. Without prior written consent of the company PER-KOR Kft. it is forbidden to copy and use the structure or any part of the Website (images, data structure, etc). Unauthorized copy and use of the Website will result in civil and criminal consequences. The company PER-KOR Kft. may demand the cessation of the infringements and compensation for the damage caused.
Unless otherwise agreed by the parties, the prices of PER-KOR Kft. are understood to be prices ex works (exclusive of value added tax), including loading charges. Unless the Customer undertakes the delivery of the ordered products within 3 working days after notice of readiness for dispatch was given, PER-KOR Kft. has the right to withdraw from the contract. In this case the Customer is obligated to pay the net commodity value as contract penalty for non-performance. PER-KOR Kft. reserves the right to claim further compensation if the damage of the Seller exceeds the amount of the net commodity value.
Payments to PER-KOR Kft. shall be made by cash, in advance or by bank transfer within the agreed time period. In case of late payment PER-KOR Kft. reserves the right to charge interest at the applicable rate prescribed by statute. If the Customer repeatedly defaults on payments or the delay exceeds 15 days the Seller is entitled to modify the payment conditions one-sidedly, to accelerate the expiry date or to deliver outstanding orders against cash or advanced payment.
4. Reservation of Title
All goods delivered by PER-KOR Kft. shall remain the property of the company until the invoice has been paid in full, regardless of any processing or assembling.
Delivery period, Place of Performance and Passing of Risk
Unless otherwise agreed, the delivery dates are deemed to be kept when PER-KOR Kft. sent a notification about readiness for dispatch to the Customer on the last day of the delivery time specified in the order confirmation or if this day is a free day then on the first working day. The Customer is obligated to send a suitable truck to the location of the Seller within 3 working days after notice of readiness for dispatch was given, and pick up the goods. The risk shall pass to the Customer when he takes over the goods. If the Customer fails to pick up the goods the risk shall pass to him immediately and PER-KOR Kft. is entitled to charge storing costs after a free 8 days period.
The Seller is not liable for delays in performance caused by circumstances beyond its reasonable control and leading to a time extension for performance. Examples include strike, force majeure (vis maior) that were not foreseeable at the moment when the order confirmation was issued. If the order is impossible to perform for reasons like strike or force majeure (vis maior) or other events beyond the Seller’s control, the contract will be terminated and PER-KOR Kft. will be exempt from the obligation to supply. The contracting party that finds out that the contract is impossible to perform, has to inform the other contractual partner about it without delay. For damages that can result from delay in notification the contract party is liable who fails to inform the other one.
Unless stipulated otherwise, advance or partial performance is permissible.
If PER-KOR Kft. has fair reasons to suspect that the Customer is under bankruptcy or liquidation the Seller is entitled to require the value received of the delivered goods immediately, regardless of the due date. If the contract was not performed PER-KOR Kft. is only obligated to deliver to the Customer if the Customer had paid for the full invoice in advance.
If the order refers to a special good not stored by the Seller, PER-KOR Kft. reserves the right to require the full purchase price as advance payment from the Customer. If so, PER-KOR Kft. is not obligated to implement an action in order to perform as long as the Customer had not properly executed advance payment.
As long as the Customer is delinquent in paying PER-KOR Kft. is entitled to retain and suspend shipment without breaking the contract. PER-KOR Kft. has the right to require security (bank guarantee, mortgage, etc.) before starting shipping.
PER-KOR Kft. ensures that the goods distributed by the Seller meet the quality and quantity requirements stipulated in the order and in the order confirmation. The product shall apply to be delivered and taken over according to the data of the delivery note. After receipt of goods according to the delivery note, the warranty obligations shall apply belatedly only to defects that were not visible and could not be identified without destroying the packaging. Complaints concerning quantity and quality shall be notified straight away in writing after discovering them, and no later than within 3 working days after goods receiving at the location of the Seller. The formal requirements of a claim shall meet any of an order, i.e. claims have to be reported and specified in writing. The Customer must specify the item description and heat number of the defected good or delivery and the exact description of the defect, including evidences. PER-KOR Kft. assumes no liability for damages arising from violating the report obligation or reporting claim untimely.
As long as the claim stays open the Customer can only use, sell or assemble the product at his risk. However, he is obliged to provide the opportunity to the Seller to inspect the defective good. PER-KOR Kft. shall decide about the claim concerning quality or quantity within 15 days after receipt the notification and make a proposal how to solve the claim.
The Customer is not entitled to set off payments, even in case of a claim (particularly relating to claim for warranty, guarantee or damage, etc.) .
PER-KOR Kft. shall not be liable for any indirect or consequential loss or damage including any loss of market deficit or loss of production. The Seller assumes no liability for delays from his Suppliers as well as for those that were not foreseeable, including the loss of profits. In no case can the amount of the compensation under this contract exceed the invoice value of the deficient good.
All disputes shall be solved peacefully, without a trial. The place of jurisdiction for any disputes shall be the City Court in Győr. Unless the authority of this court was insufficient the court of the county Győr-Moson-Sopron shall decide. The contractual parties agree that the law to use is the Hungarian law.
Győr, 2019. április 10.
PER-KOR Kereskedőház Kft.
9027 Győr, Reptéri út 5.