Order value thresholds and delivery charges:

DELIVERY CHARGES:

For orders over HUF 12,000: free home delivery
For orders between HUF 10,000 and 12,000: HUF 1,000 delivery charge
For orders between HUF 8,000 and 10,000: HUF 1,500 delivery charge
For orders between HUF 6,000 and 8,000: HUF 2,000 delivery charge
For orders under HUF 6,000: HUF 3,000 delivery charge

PLEASE NOTE: The delivery charge calculated by the webshop may differ from the final charge. The value of returnable containers included in the product prices cannot be taken into account when calculating the qualifying order value.

Delivery is available in Budapest and within a 25 km radius. Delivery beyond this area is subject to individual agreement.

Collection in person from our premises is available.

Carrying goods upstairs, to a raised ground floor or down to a basement (in buildings without a lift where a trolley cannot be used): HUF 350 per floor and per trip (each time the stairs must be climbed). This charge is determined after the order is placed. Calculation: number of floors covered using the stairs × number of trips × HUF 350. For queries, please call 06-70/263-6072 during business hours.

We can deliver within 5 working days of the order being placed in Budapest and within a 25 km radius. Delivery beyond this area is subject to individual agreement.

A water dispenser may only be purchased together with at least four 19-litre bottles of Tündérvíz.

Preamble

These General Terms and Conditions (hereinafter: the “GTC”) govern, on a general basis, the contractual terms of agreements concluded with customers by Tündérvíz Korlátolt Felelősségű Társaság (2336 Dunavarsány, Erőspuszta tanya, land registry no. 034/27; tax number: 32712944-2-13; hereinafter: the “Company”, “Contractor”, “Business” or “Service Provider”) in connection with the manufacture of soft drinks and mineral water; retail sale in non-specialised stores predominantly selling food; retail and wholesale of beverages; the sale and purchase of water, bottled water, beverages and soft drinks; the sale, purchase and rental of water dispensers; and bottling activities. Unless the parties agree otherwise in writing in their contractual relationship, these GTC shall apply. In contractual relations between the Contractor and the Customer, the Parties may depart from these GTC only by a written agreement entered into after publication of these GTC that expressly refers to the departure from them. In the absence of such an express reference, the Parties shall regard any departure from these GTC as invalid.

These GTC apply to every contract, quotation, agreement, engagement, order or authorisation entered into with the Company in writing, orally or by conduct, under which the Company, for consideration, contracts in connection with the manufacture of soft drinks and mineral water; retail sale in non-specialised stores predominantly selling food; retail and wholesale of beverages; the sale and purchase of water, bottled water, beverages and soft drinks; the sale, purchase and rental of water dispensers; and bottling activities, or provides any other service to the Customer or a third party, including where it engages a subcontractor or another agent to fulfil its contractual obligations. Unless otherwise provided herein, these GTC apply from the request for a quotation intended to establish a legal relationship between the Parties, or from the commencement of negotiations preceding that relationship. These GTC cover all enquiries, the conclusion and performance of contracts, and legal declarations connected with the conclusion and performance of a contract by the Business, the Customer and other persons having a legal relationship with them.

Service Provider details:

Name: Tündérvíz Korlátolt Felelősségű Társaság
Registered office: 2336 Dunavarsány, Erőspuszta tanya, land registry no. 034/27
Email address: info@tunderviz.hu
Registration number: 4817735
Company registration number: 13-09-237832
Tax number: 32712944-2-13
EU VAT number: HU32712944
Registering authority (company court): Pest County Court
Telephone numbers: 70-263-6072; 20-9-758-586
FELIR number: AB4593440
Data protection registration number: (pending)
Permit number: ANTSZ 486-2/ 2004
Language of the contract: Hungarian
Hosting provider: Alphadesign Bt., 4400 Nyíregyháza, Csipke u. 14.

General provisions

1 For the purposes of these GTC, the following definitions apply:

a) Parties: the Customer and the Company jointly.
b) Client or Customer: any legal entity, natural person, association of persons or person with legal capacity for specified purposes that has a contractual relationship with the Company or participates in negotiations aimed at concluding a contract, and that enters into a contract with the Company, negotiates with the Contractor to establish such a contractual relationship, or requests a quotation in relation to the manufacture of soft drinks and mineral water; retail sale in non-specialised stores predominantly selling food; retail and wholesale of beverages; the sale and purchase of water, bottled water, beverages and soft drinks; the sale, purchase and rental of water dispensers; bottling; related ancillary activities carried out as principal activities; or any other activity within the Company’s scope of business, in which the Company acts as a business.
c) Service: activities performed by the Contractor under an Individual Contract in connection with the manufacture of soft drinks and mineral water; retail sale in non-specialised stores predominantly selling food; retail and wholesale of beverages; the sale and purchase of water, bottled water, beverages and soft drinks; the sale, purchase and rental of water dispensers; bottling; and other activities within the Company’s scope of business.
d) Subcontractor: a company, sole trader or natural person engaged by the Company to participate in providing services to Customers, to assist in concluding or performing a contract, or to carry out other related activities on the Company’s behalf under a contract for services, an agency agreement or another legal relationship.
e) Employee: a natural person who is employed by the Contractor, engaged by the Contractor under an agreement to perform work, or was previously employed by the Contractor, regardless of their position or duties.
f) Goods or Product: all products and services marketed by the Business, including water, mineral water, soft drinks and water dispensers, and all products sold or offered for rental through the website www.……..
g) Equipment expenditure or Expenditure: all costs of procuring materials or equipment related to the Service, the amount of which is determined by the Contractor on the basis of its statement of costs, supported by invoices.
h) Delivery Charge: all costs and charges incurred in delivering the Product to the location specified by the Customer.
i) Purchase Price: the price designated as the price of the Product, in the specified currency, in an offer published on the Website, in a price list published on the Website or in a Price List sent to the Customer. If the price published on the Website differs from the price in the Price List sent to the Customer, the Parties shall regard the price in the Price List sent to the Customer as the Purchase Price.
j) Individual Order or Individual Contract: the definition set out in Section V of these GTC applies throughout these GTC.
k) Website: the website available at www.…………….. and all its subpages.
l) Consumer: has the meaning given in Section 8:1(1), point 3 of Act V of 2013 on the Civil Code (hereinafter: the “Civil Code”).
m) Company, Contractor, Business or Service Provider: Tündérvíz Korlátolt Felelősségű Társaság (2336 Dunavarsány, Erőspuszta tanya, land registry no. 034/27; tax number: 32712944-2-13).

Subject matter of the contract

In consideration of payment of the Purchase Price and Delivery Charge, the Business undertakes, subject to the terms set out below and under an Individual Contract concluded following an Individual Order, to dispatch the Goods specified and described in that contract to the Customer or a third party designated by the Customer at the delivery address provided by the Customer.
The Customer undertakes to pay the Contractor, against an invoice and before delivery, the Purchase Price and Delivery Charge specified in the Individual Contract for the Product supplied by the Contractor, and to accept delivery of the Product.

Obligations of the Contractor

1. Under an Individual Contract concluded pursuant to these GTC, the Contractor shall deliver the Product specified in the Individual Contract to the Customer within the agreed delivery period, in consideration of the Purchase Price, and transfer ownership of the Product.

2. Unless the Individual Contract provides otherwise, the Contractor shall dispatch the Product to the Customer within sixty days of the conclusion of the Individual Contract. The Product shall be deemed delivered when it is received by the Customer, a person living in the same household or another person authorised to accept delivery, or when it arrives at the parcel collection point specified by the Customer.

3. If the Contractor is late in handing over or dispatching the Product when fulfilling its obligations under the Individual Contract, it may, by notifying the Customer by email, take an additional period of 30 days beyond the deadline specified in the Individual Contract or these GTC. During this additional period, the Customer may not exercise a right to withdraw from the contract or assert any other claim against the Business on the grounds of delay.

4. If the Product is defective upon delivery or does not meet the quality requirements specified in the Individual Contract, the Customer shall give the Business an opportunity to fulfil its statutory obligations for defective performance by repairing or replacing the Product. The Business shall replace or repair the Product within 60 days.

5. If the quantity of the Product delivered is insufficient (hereinafter: a “Quantity Discrepancy”), the Customer shall notify the Business immediately, and the Business shall make up the shortfall within 60 days.

6. The Contractor may engage subcontractors and other persons to assist in performing Individual Contracts. However, if the person or company transporting the Product is responsible for a delay in delivery, the Business shall not be liable for that delay or fault.

7. The Contractor shall be liable for damage caused intentionally by itself or by its employees, agents or subcontractors. The Contractor shall not be liable for defects or damage resulting from improper use, transport or handling, attributable to or arising in connection with the Customer’s activities, or caused by the involvement of an external third party.

8. If the Parties agree on collection in person in the Individual Contract, the Customer may collect the Product from the Company’s registered office on a working day between 8:00 and 16:00, at a time agreed in advance. In this case, transporting the Product and loading it onto the means of transport shall be the Customer’s task and responsibility. The Customer may not use the equipment or furnishings at the Company’s registered office and shall take care to protect them.

9. The Contractor may state on the Website or in its response to an Order that it will not deliver Goods to a particular location. In that case, the Contractor shall offer collection in person only and shall not be required to give reasons for refusing delivery.

Obligations of the Customer

1. The Customer shall provide the identification details required to conclude the Individual Contract correctly and accurately during registration (hereinafter: “Registration”) or in the Individual Order. These include, in particular, the Customer’s name, residential address or registered office; for a natural person, their mother’s birth name and their place and date of birth; and for a legal entity, its registration authority and registration number. The Customer shall register through the Website before making a purchase and shall provide correct and accurate information. Otherwise, the Customer shall be responsible for defective performance or non-performance, and the Business may withdraw from the Individual Contract by a unilateral declaration, deduct its incurred costs from the Purchase Price and refund the balance to the Customer by bank transfer. If the Customer does not place the Individual Order through the webshop on the Website, the email containing the Individual Order shall include the Customer’s identification details, in particular their name, residential address or registered office; for a natural person, their mother’s birth name and their place and date of birth; and for a legal entity, its registration authority and registration number, together with the name, type and quantity of the Product ordered or, in the case of rental, the quantity and type of the rented Product and the rental period.

2. When placing an Order through the webshop on the Website, the Customer shall pay the Purchase Price and Delivery Charge in advance at the same time, as an advance payment (hereinafter: the “Advance Payment”). The Advance Payment shall be credited towards the Purchase Price. The Advance Payment, which equals the full Purchase Price, shall be treated as payment of the Purchase Price upon acceptance of the Order.

3. If the Customer places an Order by email, the Customer shall, after the Individual Contract is concluded and before delivery or production begins, pay the Purchase Price and Delivery Charge in advance, as an advance payment (hereinafter: the “Advance Payment”). The Advance Payment shall be credited towards the Purchase Price. The Advance Payment, which equals the full Purchase Price, shall be treated as payment of the Purchase Price upon acceptance of the Order.

4. The Customer shall pay the full Purchase Price, Equipment Expenditure and Delivery Charge.

5. The Customer shall provide the Contractor with all information required to fulfil its obligations under these GTC and the Individual Contract, including, in particular, the exact address required for delivery of the Product. The Contractor shall not be liable for damages or defective performance if the Customer fails to provide the Business with the information and cooperation necessary for proper delivery of the Product, or provides incorrect or incomplete details.

6. If an Individual Contract has been concluded but the Customer becomes unreachable or fails to maintain contact with the Contractor, and either situation persists for 14 days, or the Customer fails to accept the Product and the parcel is returned to the Business marked “unclaimed” or “addressee unknown”, the Contractor may terminate the Individual Contract. After deduction of the delivery costs stipulated in the Individual Contract and other costs, the Customer shall pay the Contractor a contractual penalty equal to 50% of the Purchase Price. The Business may satisfy its claim for the penalty from the Purchase Price and shall refund the remaining balance to the Customer by bank transfer. If the Contractor terminates the Individual Contract, the penalty shall fall due on the day following termination.

7. The Customer shall be liable for damage caused to the Contractor or its Subcontractor by the Customer, their employee or agent, persons living in the same household, or third parties having a contractual relationship with the Customer.

8. The Customer shall pay the Purchase Price, Equipment Expenditure and Delivery Charge by bank transfer, bank card or another payment method available on the Website, and shall accept delivery of the Product.

9. The Customer acknowledges that they must follow the product description and instructions supplied with the Products and use the Product in accordance with its characteristics and intended purpose. The Customer shall be responsible for any use that departs from these requirements.

Individual Orders and conclusion of Individual Contracts

1. Individual Order or Order: To conclude an Individual Contract, the Customer must place an order, either electronically through the webshop on the Website following registration, or by sending an email to …… specifying the Product ordered, its quantity and the delivery location. An Individual Order is also placed when, following registration, the Customer selects the Product or Products displayed on the Website for purchase through the webshop, adds them to the basket and submits or finalises the order. A Customer who does not qualify as a Consumer may not withdraw from or revoke an Individual Order.

2. Individual Contract: An Individual Contract is concluded when the Contractor accepts the Individual Order, either by sending an email confirmation of the Order or by sending a new offer in response to the Individual Order, provided that the Customer does not reject that offer within 2 days. The date of conclusion of the Individual Contract shall be the date on which the confirmation email or declaration of acceptance is sent. The Parties shall also regard an Individual Contract as concluded where the Customer sends an Individual Order to the Company by email to the address specified in Section V.1 of these GTC or to another email address shown on the Website, and the Company subsequently accepts it by email or, instead of accepting the Order, sends an offer with different terms which the Customer accepts or does not reject within 2 days. In the latter case, the Parties shall regard the Customer as having accepted the Company’s offer that differs from the Order. The Parties shall also regard an Individual Contract as concluded when the Customer accepts delivery of a Product ordered by telephone or in person; in that case, the Parties shall regard the price shown on the Website as the Purchase Price.

3. If the Business does not confirm or accept the Order within 7 days, the Parties shall regard the Order as not having been accepted by the Business, and no Individual Contract shall be concluded.

Product prices and other charges

1. The Business displays the Purchase Price of each Product on the Website in the currency shown next to the price. Alternatively, the Purchase Price shall be the price specified in an individual offer requested by the Customer in the Order, if accepted in writing by the Company, or the price stated in the Company’s offer for the Product ordered by email, if the Customer accepts that offer, does not reject it within 2 days, or accepts delivery of the Product.

2. The Business specifies the Delivery Charge on the basis of the information provided during registration and in the Individual Order. The Business shall be responsible for the accuracy of that charge only if the Customer has correctly provided all the information required for its calculation.

3. If, despite all due care taken by the Business, an incorrect price appears on the Website, including a price of HUF 0 or HUF 1 displayed due to a system error, the Service Provider shall not be obliged to confirm the Order at the incorrect price or perform the Individual Contract. It may instead reject the offer, withdraw from the Individual Contract without a time limit and offer confirmation at the correct price. Once informed of the correct price, the Customer may decline the amended offer. An incorrect price means a price at which the Contractor does not intend to enter into the contract. Under Act V of 2013 on the Civil Code, a contract is concluded by the mutual and corresponding expression of the parties’ intentions. If the parties cannot agree on the contractual terms, meaning that there are no declarations mutually and correspondingly expressing their intentions, then, unless otherwise provided in these GTC, no valid contract giving rise to rights and obligations has been concluded.

Card payments and BARION card acceptance

3.1 The User may pay for their order by bank card through BARION. When paying by card, the webshop redirects the User to the BARION system, where the payment can be completed.

The webshop does not process banking information during card payments and does not have access to confidential card details associated with the payment. Following successful payment, the BARION system redirects the User to the webshop, and the User receives a confirmation email for the paid order.

Online card payments are processed through the Barion system. Card details are not disclosed to the merchant. The service provider, Barion Payment Zrt., is an institution supervised by the Hungarian National Bank; its licence number is H-EN-I-1064/2013.

Termination or withdrawal where the Customer is not a Consumer

Unless the Individual Contract provides otherwise, the Parties may not terminate or withdraw from an Individual Contract concluded under these GTC in the absence of a serious breach of contract. If the Individual Contract is brought to an end, the Parties shall settle their accounts with each other, and the Customer shall bear the Delivery Charge.

Miscellaneous provisions

1. Upon conclusion of the Individual Contract, the Customer undertakes that, during the legal relationship and for 5 years after it ends, the Customer shall not, directly or indirectly, enter into a business, agency, services or employment relationship with any employee, former employee, agent, subcontractor, former agent or former subcontractor engaged by the Contractor, or any supplier of the Business, for the performance of tasks within the same or a similar scope of activities as the Business. In the event of a breach, the Customer shall pay the Contractor a contractual penalty of HUF 1,000,000 (one million forints) for each employee, agent or subcontractor concerned. For the purposes of this paragraph, the Parties shall regard indirect establishment of a legal relationship as including cases where the Customer, a member of the Customer, an executive officer of the Customer, a close relative of any such person, or a company owned by any such person concludes a contract with an employee, former employee, agent, subcontractor, former agent or former subcontractor.

2. The Contractor shall immediately notify the Customer of any circumstances that jeopardise or prevent successful or timely completion of the work. The Contractor shall bear the consequences of failing to give notice or giving notice late.

3. The Customer and the Contractor shall maintain the confidentiality of any business secrets that come to their knowledge. All information or data obtained during the preparation or performance of the Individual Contract shall constitute business secrets.

4. Matters not governed by this document shall be subject to the Civil Code and applicable Hungarian legislation. Legal relationships established under these GTC shall be subject to Hungarian jurisdiction, and Hungarian courts shall have exclusive jurisdiction. Matters not governed by these GTC and the interpretation of these GTC shall be governed by Hungarian law, with particular reference to Act V of 2013 on the Civil Code (the “Civil Code”), Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services, and Government Decree 45/2014 (II. 26.) on the Detailed Rules of Contracts between Consumers and Businesses.

Special provisions for Consumers

If the Customer qualifies as a Consumer under Section 8:1(1), point 3 of Act V of 2013 on the Civil Code (hereinafter: the “Civil Code”), these GTC shall apply to the Customer and their Individual Contract subject to the modifications set out in this Section IX. Accordingly, the contractual terms in this Section IX do not apply to contracts concluded with Customers who do not qualify as Consumers.

1. The Business provides Customers who are Consumers with the following information:

a. Business details:
Name: Tündérvíz Korlátolt Felelősségű Társaság (2336 Dunavarsány, Erőspuszta tanya, land registry no. 034/27; tax number: 32712944-2-13; company registration number: 13-09-237832; telephone: 70-263-6072; 20-9-758-586; email: info@tunderviz.hu).

b. The Business shall perform the Service under the Individual Contract concluded on the terms of these GTC and in accordance with its provisions, provided that the Customer has fulfilled all their contractual obligations.

c. After the Individual Contract is concluded, the Business may not change the Purchase Price and shall apply the prices displayed on the Website to the Products ordered.

d. The Business’s mandatory guarantee obligations towards Consumers are governed by Government Decree 151/2003 (IX. 22.) on the Mandatory Guarantee for Certain Durable Consumer Goods. The guarantee period depends on the amount of the fee paid for the Service and its purpose. The Business informs the Customer that the water, mineral water and soft drinks sold on the Website, and their packaging, do not qualify as durable consumer goods within the scope of Government Decree 151/2003 (IX. 22.) or Ministry of Justice Decree 10/2024 (VI. 28.). Accordingly, the Service Provider is not subject to a mandatory guarantee obligation for those Products and does not provide a voluntary guarantee for them. Water dispensers, however, qualify as products listed in Annex 1 within the scope of Government Decree 151/2003 (IX. 22.). When a water dispenser is sold, the guarantee period is:
i.) one year for a selling price of at least HUF 10,000 and no more than HUF 100,000;
ii.) two years for a selling price above HUF 100,000 and no more than HUF 250,000;
iii.) three years for a selling price above HUF 250,000.

e. The Consumer may validly submit a consumer protection complaint in writing by post to the Business’s registered office. The Business shall assess the complaint within 30 days.

f. A Customer who qualifies as a Consumer may primarily exercise the right to repair or replacement among the statutory remedies for defective performance.

g. Consumers may refer their consumer complaints to a conciliation board operating alongside a Chamber of Commerce and Industry. For the Business’s registered office, this is the Conciliation Board operated by the Pest County Chamber of Commerce and Industry, address: 1055 Budapest, Balassi Bálint u. 25., 4th floor, door 2; email: pmbekelteto@pmkik.hu.

2. The Consumer may withdraw from the Individual Contract or Individual Order without giving reasons within 14 days of receiving the Product, by sending a notice to the Business by post to its registered office stated in these GTC, or by email. In this case, the Customer shall bear the delivery costs and the shipping and packaging costs of returning the Product.

3. The Consumer may withdraw their Order before accepting the Quotation, without being bound by their offer.

Dunavarsány, 2 January 2025

In Hungary, the Budapest Conciliation Board (BBT) is competent to hear cross-border disputes between consumers and traders relating to online sales or service contracts.

– Initiating proceedings before a conciliation board

Contact details of conciliation boards: http://www.bekeltetes.hu/index.php?id=testuletek

The board competent for the Service Provider’s registered office is the Pest County Conciliation Board.