General Terms and Conditions (GTC)

1Introductory provisions

1.1.

“General Terms and Conditions” (hereinafter: GTC) means the general terms and conditions, set out in this document, of the products placed on the market by MENET-TREND Kft.

1.2

MENET-TREND Kft. carries out wholesale activity only; therefore, throughout this GTC, “Customer” always means a business customer. MENET-TREND Kft. reserves the right to make purchases subject to prior registration and to a positive assessment of the registration request. MENET-TREND Kft. assesses registration requests on the basis of publicly available, authentic company data. If a registration request is rejected, there is no possibility of purchasing or placing an order. The rejection of a registration request does not give rise to any claims for damages and/or compensation.

1.3

MENET-TREND Kft. classifies its customers into price and service categories on the basis of their purchasing and payment habits; increasing purchase value and improving – or consistently excellent – payment reliability result in more favourable conditions, while the opposite results in less favourable ones. The categories and classification formulas are based on, and always follow, the above business habits. Every customer therefore has the opportunity to move category in either direction, depending on how they shape their purchasing and payment habits. However, the changes in conditions brought about by changes in the Customer’s purchasing power and payment willingness may take effect separately, in opposite directions and over different periods of time.

1.4

MENET-TREND Kft. reserves the right to conclude an individual agreement, with content differing from the conditions set out in the GTC, in respect of any Customer or order it designates. In such cases, this GTC also applies to matters not otherwise regulated in the individual agreement.

2Offer and order, conclusion of individual contracts

2.1.

The product and service unit prices available in the webshops of MENET-TREND Kft. are continuously updated and kept current. In the event of significant changes in purchase prices and/or the effect of inflationary factors, MENET-TREND Kft. is entitled to change its prices unilaterally, without providing prior individual or general information about this. The change may not affect the fulfilment of already accepted obligations.

2.2.

The Customer may decide, at their own discretion and according to their possibilities, whether to place their orders with MENET-TREND Kft. in the traditional (offline) way or through the webshop (online). The Customer may choose the method of their orders at any time as they wish, but acknowledges that the online and offline discounts and other conditions may differ on the different platforms. In order to promote online traffic, MENET-TREND Kft. makes its most favourable conditions available through its online interfaces.

a.) The process of offline orders:

The Customer is entitled to submit their order for the delivery of goods to MENET-TREND Kft. in either spoken (in person, telephone) or written (e-mail, letter, fax) form. The order must contain all data, characteristics and conditions that must be taken into account for the performance expected by the Customer. In connection with the goods ordered, their type, material grade and surface finish, size and quantity, the agreed prices and the delivery deadline, as well as any special requests relating to the given order, must be clearly specified. MENET-TREND Kft. is obliged to make a statement regarding acceptance of the order within 48 hours of receiving it. With regard to the goods indicated in the order, the delivery obligation of MENET-TREND Kft. arises only when the Customer makes a statement of acceptance regarding the content of the statement of MENET-TREND Kft. under this point.

b.) Registration on the online interface of MENET-TREND Kft. at shop.menet-trend.hu:

The Customer may also place their order with MENET-TREND Kft. through the shop.menet-trend.hu webshop. Purchasing in the shop.menet-trend.hu webshop is subject to a one-time pre-registration and to a positive assessment of the registration. MENET-TREND Kft. reserves the right to reject registration and purchasing in the webshop without justification, or to revoke it later. Registration may take place in two different ways:

1.) Since MENET-TREND Kft. pre-registers all its regular customers in the webshop, if the Customer wishes to place an online order, all they have to do is click the “log in” label at shop.menet-trend.hu, enter their e-mail address in the pop-up window and then, instead of entering a password, click the “send password reminder” button. The system sends the link needed to set the user password to the e-mail address provided, which the user can subsequently change at any time in the same place.

2.) The other method of registration, if the business enquirer has not previously purchased from MENET-TREND Kft., is to click the “Registration” label in the header of shop.menet-trend.hu, provide at least the mandatory data marked with an asterisk on the pop-up form, and then submit their registration request with the “Send” button. MENET-TREND Kft. assesses the submitted registration and sends written information about the result of the assessment to the enquirer within 48 hours. If the assessment was successful, the enquirer receives in the reply e-mail the link needed to set the user password, which the user can subsequently change at any time in the same place. If, however, the assessment of the registration ended in rejection – of which MENET-TREND Kft. likewise sends notice to the Customer – then the Customer may place an order with MENET-TREND Kft. only on the basis of the provisions of point a.) of this section (The process of offline orders).

c.) The process of online orders:

MENET-TREND Kft. fulfils orders in the shop.menet-trend.hu webshop according to the product parameters and conditions selected independently by the Customer. In connection with the selected goods, their type, material grade, (possible) surface finish, size and quantity form part of compiling the order, so these are selected by the customer from the range displayed in the webshop. Pricing takes place in accordance with point 3.2 of this GTC. The product data, delivery deadlines, etc. displayed in the shop.menet-trend.hu webshop are continuously updated, so the final information appears at the latest before approval of the cart contents, which the Customer approves by finalising the order. The Customer may provide their payment, delivery and any other special requests relating to the given order before finalising the order, by selecting the available options or in the free-text message below the ordered items. The contents of the cart can be deleted or modified item by item or as a whole before recording. The recorded order can be printed immediately at the customer’s premises using the print icon placed on the page; in addition, the system immediately confirms receipt of the order by a confirmation sent to the e-mail address provided by the Customer during registration. Regarding acceptance of the order, however, MENET-TREND Kft. is obliged to make a statement on working days, within 24 hours of receiving the order, by a separate e-mail confirmation. With regard to the goods indicated in the order, the delivery obligation of MENET-TREND Kft. arises – because of the diversity of the product range and the handling of individual (quantity, quality, size, etc.) requirements – only when and for those products for the delivery of which the Customer confirms their order in writing, item by item.

2.3.

The content of the individual contracts concluded between the parties on the basis of this GTC is to be regarded as that contained in the order and in the confirmation of identical content. Every individual contract can be regarded as concluded only if the parties have agreed on its content in a concurring manner. In order to ensure the identifiability of the documents relating to the individual contract, the parties are obliged mutually to indicate each other’s reference codes designated as identifiers.

2.4.

An individual offer of MENET-TREND Kft. for the procurement or manufacture of custom products is – in the absence of any stipulation to the contrary – valid for 14 calendar days from the date of the offer. Before the offer is accepted by the Customer, MENET-TREND Kft. is entitled to withdraw or change its offer. Obvious errors in the offer are to be corrected, before acceptance of the offer, by a unilateral communication of MENET-TREND Kft., and after acceptance of the offer, by mutual agreement of the parties.

2.5.

Offers sent by MENET-TREND Kft. without an order from the Customer do not give rise to any obligation on the part of the Customer. Any assumption of obligation on the part of the Customer requires the written acceptance of the offers by the Customer, or in the case of oral acceptance, their written confirmation.

2.6.

For the purposes of interpreting and applying this GTC, an offer or confirmation is to be regarded as individual if the product(s) forming its subject do not appear in the base programme of MENET-TREND Kft. and thus not in its webshop, catalogues or price lists either, or if, due to some special condition of the delivery (e.g. delivery deadline, quantity, special request, etc.), MENET-TREND Kft. classifies the given offer/confirmation, or the product itself – with simultaneous notice to the Customer – as individual. MENET-TREND Kft. guarantees the fulfilment of its individual offer only if the Customer, in their order, refers to the number of the individual offer!

3Customer prices, discounts and delivery deadlines

3.1.

MENET-TREND Kft. reserves the right to grant its clients discounts of varying levels, adjusted to their cumulative purchase value and continuously monitored payment reliability, from its net base prices in force at any given time, stored in its price lists under point 2.1 or in its webshop.

3.2.

After logging in, the shop.menet-trend.hu webshop recognises registered customers, so the unit prices displayed next to the products and services are tailored to the Customer and their current customer classification.

3.3.

The delivery deadlines and stock information displayed in the shop.menet-trend.hu webshop are updated in real time, so due to parallel purchases and goods arrivals they may change right up until the cart contents are closed. The Customer may provide their payment, delivery and any other special requests relating to the given order before finalising the order, by selecting the available options or in the free-text message below the ordered items. The selected payment, delivery and other special conditions may react back on the prices and/or delivery deadline of the products. The Customer approves the contents of the cart, and thus the unit prices, delivery and payment conditions, by finalising the order.

3.4.

For the purposes of interpreting this GTC, deadlines specified in days mean calendar days; a deadline given in months is to be regarded as expiring on the day of the relevant month identical to the start day of the deadline, and a deadline given in years on the day of the relevant month of the relevant year identical to the start day of the deadline.

4Purchase price

4.1.

For the goods ordered on the basis of this GTC, the Customer is obliged to pay the wholesale base price reduced by the discount to which they are entitled under points 2.2 and 3.1 of the GTC. “Wholesale base price” means the prices contained in the internal-use price list at any given time, under point 2.1 of the GTC.

The provisions of point 4.1 regarding the purchase price payable cannot be applied in the case of the delivery of products contained in an individual offer/confirmation. In the case of custom products, the purchase price determined by the parties on a case-by-case basis is always decisive.

4.2.

In its invoices, MENET-TREND Kft. states the purchase price under point 4.1. The purchase price is subject to the VAT specified in the legislation, which the Customer is likewise obliged to pay in addition to the purchase price.

4.3.

Both the offer price and the invoiced purchase price are net unit prices, relating to 1 piece or 1 other unit (e.g. metre) of product. The warehouse or depot prices of MENET-TREND Kft. include the usual packaging (i.e. unit-pack) costs corresponding to the given goods.

4.4.

The Customer bears the transport costs between MENET-TREND Kft. and the Customer’s registered office, site or other place of performance (goods handover). In accordance with the provisions of the delivery value-threshold agreement attached as Annex 1 to this GTC, MENET-TREND Kft. undertakes to deliver the goods concerned free of charge, by the deadline of the individual contract referred to in point 2.3.

4.5.

In the case of a certification request, the unit prices communicated include only the costs of the commercial quality certificate; every other inspection certificate imposes a separate cost on the Customer.

4.6.

MENET-TREND Kft. reserves the right to pass on any verified extraordinary increase in costs arising after conclusion of the contract (in particular an increase in costs resulting from an official measure).

5Payments

5.1.

Payment of the consideration for the goods may take place – taking into account the value threshold under the legislation – by cash, bank transfer or cash on delivery. The parties agree on the applicable methods in a separate agreement or in the individual contracts.

5.2.

Cash payment takes place upon receipt of the goods at the cash desk of MENET-TREND Kft., against a cash invoice and a receipt cash voucher. If the handover of the goods does not take place at the registered office of MENET-TREND Kft., then cash payment takes place upon receipt of the goods at the place of receipt, into the hands of the agent of MENET-TREND Kft., against a cash invoice and a receipt cash voucher.

5.3.

In the case of payment by bank transfer, the Customer transfers the purchase price, against the invoice certifying receipt of the goods (and the delivery note and/or parcel delivery note), to the bank account specified on the invoice, by the deadline of performance indicated on the invoice, which, in the absence of a differing agreement, is 8 calendar days from the deadline of performance of the invoice.

5.4.

Cash-on-delivery payment takes place into the hands of the parcel courier upon receipt of the parcel, against a parcel delivery note and a cash-on-delivery goods invoice. MENET-TREND Kft. passes on the parcel delivery fee to the Customer within 1 week of delivery of the goods, on the basis of the fee invoiced by the carrier that carried out the parcel delivery at the time of dispatch.

5.5.

MENET-TREND Kft. reserves the right, in the case of certain goods, to request an advance payment or a payment security from the Customer. MENET-TREND Kft. is obliged to communicate its request for an advance payment or a payment security in its first offer given upon the Customer’s first request, or during confirmation of the order.

5.6.

In the case of the delivery of several goods or instalment payment, if the payment deadline of any invoice is exceeded, MENET-TREND Kft. is entitled unilaterally to tighten the existing agreement governing the payment method and discounts, and/or to make all remaining debt immediately due.

5.7.

In the case of late payment, MENET-TREND Kft. charges default interest at an annual rate of 20%, and in addition to the default interest may also claim its damage and costs incurred. The default interest is due from the day of falling into default.

5.8.

In the case of non-payment or late payment of the purchase price, MENET-TREND Kft. may, at its choice, claim the return of the goods (withdrawal) or the payment of the purchase price increased by the default interest.

5.9.

In the case of late payment or non-payment of the purchase price, MENET-TREND Kft. is entitled, by its unilateral written statement and at its choice, arising from the business relationship existing with the Customer:

a.) to set off any of its claims against the consideration for goods to be delivered to it by the Customer,

b.) to suspend the performance of any of its own obligations, and

c.) to retain any goods possibly already paid for by the Customer until all debt is settled.

5.10.

If the Customer, despite a written notice, fails to fulfil their due payment obligation, then MENET-TREND Kft. is entitled to make all its claims due with immediate effect, and in addition to suspend further performance, but is also entitled to claim the consideration for the suspended performance with immediate maturity. In such a case, the Customer loses, with respect to the not-yet-settled goods items, all discounts to which they are entitled under this GTC, and the delivery of any goods not yet delivered may take place only upon their payment.

6The goods

6.1.

MENET-TREND Kft. undertakes that all goods it delivers comply with the previously agreed technical conditions and descriptions or with the presented goods samples. The technical conditions and descriptions are of a general nature; such minor deviations from these as do not affect the intended use of the goods do not constitute a deviation from the previously determined conditions.

6.2.

Regarding the determination of the characteristics of the products to be delivered, the data contained in the most recent individual contract are always to be regarded as decisive. Every new individual contract – in the absence of a differing provision by the parties – invalidates the provisions of the previous contract. Product characteristics not appearing in the individual contracts, or in the catalogues or prospectuses, are binding on MENET-TREND Kft. only if they are contained in the referenced standards, or if the parties have agreed in writing on taking them into account.

6.3.

If MENET-TREND Kft., on the basis of its own considerations, procures its products complying with the same product standards from different manufacturers and/or suppliers, the switch between suppliers does not in any way affect the agreements concluded with the Customer or the conformity of the products.

6.4.

In the course of distributing the fasteners and other bulk metal goods it markets, MENET-TREND Kft. issues a commercial quality certificate if a request arises on the part of the Customer. Any request for the issuing of an inspection certificate differing from the above must be communicated by the Customer already at the time of the order, or at the very first notice of their goods-delivery request, because its costs and other aspects must be clarified at offer level on both the supplier and the user side. MENET-TREND Kft. cannot fulfil a certification request arising subsequently, or can do so only by treating it as a new request. In the absence of a differing agreement of the parties, the Customer is obliged to bear the costs of certification differing from the usual commercial quality certificate.

MENET-TREND Kft. issues inspection certificates and test reports in its own name, without changing the technical parameters of the delivery notes and vouchers accompanying the goods.

7Order cancellation, return of goods

7.1.

The Customer is entitled to withdraw after confirmation of the order only upon payment of the order cancellation fee determined by MENET-TREND Kft.

a.) Non-warehouse items: in the case of a MENET-TREND Kft. offer or order confirmation relating to the handover of goods beyond 48 hours, the order cancellation fee is 20% of the net order value.

b.) The order cancellation fee relating to custom manufacture, product modification, procurement of special goods, or delivery on the basis of a delivery framework contract is 80% of the net order value affected by the cancellation.

For the purposes of interpreting this GTC, “delivery framework contract” means agreements relating to continuous or scheduled delivery.

7.2.

In the case of custom-manufactured, custom-modified or special goods, as well as a partial consignment of goods to be delivered on the basis of a delivery framework contract, in the case of withdrawal on the last day of the delivery deadline and within the two working days preceding it, the order cancellation fee payable by the Customer is 90% of the net order value affected by the cancellation, which amount becomes due simultaneously with the notice of cancellation.

7.3.

The provisions of this chapter do not release the Customer from their obligation to compensate MENET-TREND Kft. for the damage arising due to the order cancellation, or for the damage of MENET-TREND Kft. exceeding the amount of the order cancellation fee.

7.4.

In the absence of a differing prior agreement, MENET-TREND Kft. takes back delivered goods for exchange solely for warranty reasons.

8Protection of intellectual creations, rules of use

8.1.

If MENET-TREND Kft. acts, in the course of fulfilling the order, according to the plans, technical specifications or instructions submitted by the Customer, then the Customer bears full liability in the event of any damage, claim, penalty, cost or other similar unforeseen expense arising from the infringement of copyright, patent rights, other rights relating to intellectual creations and any other rights. In such a case, the Customer is obliged to release MENET-TREND Kft. from claims submitted to it, from lawsuits initiated against it, or from any other procedure or cost-bearing that arises.

8.2.

The Customer acknowledges that MENET-TREND Kft. bears no liability whatsoever for compliance with the general and local regulations applicable during the use of the delivered goods, including in particular health and occupational-safety regulations, or for the training and instruction of personnel; compliance with these regulations is always and solely the obligation of the Customer or the user. (For the purposes of interpreting this GTC, “user” means the person or organisation that finally installs or otherwise uses the goods.)

9Delivery, express goods dispatch

9.1.

MENET-TREND Kft. notifies the Customer without delay of the goods being ready for delivery. The quantitative and qualitative handover of the goods takes place – in the absence of a written agreement to the contrary – at the registered office of MENET-TREND Kft.

9.2.

MENET-TREND Kft. is obliged to do everything in its power to comply with the delivery deadline given in advance. MENET-TREND Kft. bears no liability whatsoever for a delivery delay if it occurs due to the effect of external force majeure, or because the Customer does not provide the data needed for performance, or provides it late or incompletely. MENET-TREND Kft. notifies the Customer without delay of the delay and its cause.

9.3.

If, at the express written request of the Customer, the handover of the goods takes place at the registered office, site or other place designated by the Customer, then the costs relating to transport are borne by the Customer, unless a contrary agreement on cost assumption and its extent is in force between the parties. In the latter case, cost-bearing takes place according to the separate agreement in force. Within the territory of Hungary, MENET-TREND Kft. has a contract with GLS (General Logistics Systems Hungary Csomag-Logisztikai Kft.) for the delivery of parcels; therefore, within the weight limit of 0-160 kg, it works with the fees according to the current tariff of GLS. Above a gross 160 kg, individual delivery organisation and pricing take effect, which MENET-TREND Kft. communicates in its prior offer.

9.4.

If any delay in the collection of the goods is expected, the Customer is obliged to notify MENET-TREND Kft. of this without delay in writing. During the delay, MENET-TREND Kft. keeps the goods at the Customer’s risk according to the rules of possession without legal basis, while charging a storage-safekeeping fee.

9.5.

If the Customer, within 8 days following the agreed delivery deadline, does not take receipt of the goods despite receiving the notice of their being ready for delivery, then MENET-TREND Kft. is entitled to invoice the goods. With regard to such goods, from the day of the contractual handover deadline the rules of possession without legal basis are decisive. The Customer is obliged to reimburse the costs incurred by MENET-TREND Kft. in connection with the storage or safekeeping of the goods. If the Customer’s delay in receipt exceeds 30 days, MENET-TREND Kft. is entitled to exercise its rights specified in point 5.10.

9.6.

MENET-TREND Kft. undertakes that if the Customer submits their order relating to warehouse stocks – up to the extent of the stocks at most – at least 24 hours before the requested goods dispatch, in writing (e-mail, letter, fax) or orally (by telephone or in person at the site of MENET-TREND Kft.), then the Customer has to wait at most 10 minutes for the goods dispatch and invoicing at the premises of MENET-TREND Kft. The only exceptions to the fulfilment of this undertaking are such technical obstacles (e.g. power cut, telephone line outage, etc.) as make compliance with the undertaking impossible.

9.7.

The order of goods dispatch – regardless of the method of placing the order – is contained in the table entitled “Goods Dispatch Policy of MENET-TREND Kft.“, which forms an inseparable part of this GTC (Annex 2).

10Supplementary services

10.1.

In order to continuously perfect the standard of its services, MENET-TREND Kft. may provide services tailored to individual needs, on its own initiative or on the basis of the agreements contained in the individual contracts.

11Statutory warranty and guarantee, damages

11.1.

MENET-TREND Kft. hands over the goods to the Customer in a packaged state fit for use as intended, in accordance with the previously agreed specifications (with the tolerances delimited in chapter 6). MENET-TREND Kft. is subject to the general statutory-warranty liability under the Civil Code in connection with the delivered goods. MENET-TREND Kft. assumes no liability whatsoever for quantitative and qualitative defects or damages arising due to the non-intended use, improper safekeeping, unprofessional handling, excessive use, natural wear of the goods, or the effect of a third party. The liability of MENET-TREND Kft. ceases if unauthorised changes have been made to the product.

11.2.

If the goods are made on the basis of data provided by the Customer, then MENET-TREND Kft. assumes no liability whatsoever for any damage or other consequence arising from a defect or deficiency of the drawings or samples handed over by the Customer.

11.3.

The informative technical guidance of MENET-TREND Kft. concerns only the recommended use of the products it markets, and does not relate to the structural, technical parameters of the constructions into which its products are installed or otherwise used. MENET-TREND Kft. bears no liability whatsoever in connection with these.

11.4.

For material damage arising from a warranty defect of the goods, MENET-TREND Kft. bears liability in accordance with the product-liability rules.

11.5.

MENET-TREND Kft. reserves the right to have every product defect brought to its attention investigated by itself as well.

11.6.

For all personal and property damage attributable to a product defect of the goods delivered by MENET-TREND Kft., MENET-TREND Kft. is liable in accordance with the statutory product liability.

11.7.

The defect of the delivered goods must be proven by the Customer; in addition, the Customer bears the burden of proving how goods of disputable quality came into the Customer’s possession, and that the goods of disputable quality were delivered by MENET-TREND Kft.

11.8.

A guarantee obligation is incumbent on MENET-TREND Kft. in connection with the goods it delivers solely on the basis of a written undertaking to that effect.

11.9.

MENET-TREND Kft. states that, in the case of the austenitic-structured, corrosion-resistant screws it markets, in the absence of the use of an appropriate assembly paste or spray, the phenomenon known as galling is attributable to the properties of the base material of the products; therefore, the phenomenon of galling does not qualify as defective performance. The Customer may found neither a warranty nor a compensation claim on it. MENET-TREND Kft. continuously informs its Customers, in every possible way, about the phenomenon and its prevention (websites, newsletters, offers, confirmations, documentation accompanying the goods). The description explaining the phenomenon of galling of austenitic-structured screws is Annex 3 to this GTC.

11.10.

MENET-TREND Kft. cannot be held liable for defect phenomena arising from failure to comply with the assembly technology of the austenitic-structured, corrosion-resistant screws, and cannot be obliged to compensate for damage arising from this. In a disputed case, if MENET-TREND Kft. has to prove whether the quality of the screws it delivered met the requirements of the relevant standards, and can prove this, or it is established that any defects that may occur are attributable to failure to comply with the assembly technology, then the Customer is obliged to reimburse MENET-TREND Kft. for the verified expenses incurred in connection with the proof. The assembly technology of the austenitic-structured, corrosion-resistant screws is Annex 4 to this GTC.

12Inspection of the goods, complaints

12.1.

The Customer is obliged to ensure that the delivered goods are inspected without delay after receipt. If, during the inspection, they experience any deviation in connection with the quantity, quality or condition of the goods, they are obliged to record these deviations in a report. Upon receipt of the goods, the Customer is obliged to inspect the number of unit packs, the quantities indicated on them, and the markings relating to the quality of the goods, and to record any deviation from the individual contract in a report as above. In the event of failure to do any of these, the Customer loses the right to enforce any claim against MENET-TREND Kft. in connection with a quantitative or qualitative defect of the goods.

12.2.

The Customer is obliged to report any claims arising on the basis of the inspection carried out at receipt within the following deadline:

a.) In the case of a quantity complaint or damage to the packaging, the Customer notifies MENET-TREND Kft. within 72 hours of receiving the goods.

b.) In the case of a quality complaint, the Customer notifies MENET-TREND Kft. within 30 days of receiving the goods.

The notice of complaint must in every case be sent in writing, and the report drawn up in accordance with the provisions of point 12.1 must be attached to it.

If the Customer does not raise a complaint within the above deadlines, then the goods are to be regarded as accepted; the above deadlines are therefore to be regarded as being of a preclusive nature.

12.3.

In the case of a quality, quantity or damage-related complaint – if the complaint is well-founded – MENET-TREND Kft. exchanges the goods, or if this cannot take place, or only with considerable difficulty, then, at the Customer’s choice, it either reduces the already-paid consideration for the goods in proportion to the justified complaint, or takes the goods back and refunds their price to the Customer.

12.4.

In the case of a well-founded complaint by the Customer, MENET-TREND Kft. is obliged to provide the exchange of the defective or unsuitable goods, or the compensation of the price of the goods concerned, within 30 calendar days following the written acceptance of the complaint by MENET-TREND Kft. or the return of the defective goods. If the Customer, within 30 days following acceptance of their complaint, does not return the goods complained about, or does not prove beyond all doubt the circumstances due to which this is impossible, then MENET-TREND Kft. is released from any exchange and/or compensation obligation. If MENET-TREND Kft. does not fulfil its exchange and/or refund obligation within 30 days, then it falls into default from the calendar day following the thirtieth day. From the day of falling into default, MENET-TREND Kft. is obliged to pay a defective-performance penalty, based on the net goods value of the defective quantity of goods, at a penalty rate of 0.3% per day and with a maximum 30-day penalty-payment obligation.

12.5.

The Customer is not entitled to set off a warranty claim, or a claim existing on any other ground, against MENET-TREND Kft. into the consideration for the goods to be purchased by them, and is not entitled to withhold payment of the consideration for the goods.

13Other provisions relating to the goods

13.1.

The display of the brand marks of the brands placed on the market by MENET-TREND Kft. on foreign goods, or any use of them in connection with foreign goods, is prohibited. The reproduction of advertising media without the written consent of MENET-TREND Kft. is not permitted. In the event of an infringement of this, MENET-TREND Kft. initiates legal proceedings against the infringer.

14Force majeure (vis maior)

14.1.

The parties are released from liability in connection with the non-performance of the obligations incumbent on them on the basis of this GTC or the individual contracts if their failure to perform was caused by an unavoidable event (force majeure) outside their sphere of operation. Without limitation, such an event is to be regarded as including flood, earthquake, fire or other natural disasters, governmental measures, a state of emergency, a state of war, an industry-wide strike, etc.

14.2.

If either party is hindered in the performance of its obligations by force majeure, it is obliged to inform the other party of this without delay. The notified party may request that the party invoking force majeure prove its existence with a certificate from a public body or another authentic body entitled to do so. The parties are likewise obliged to inform each other without delay of the cessation of the force majeure.

14.3.

If force majeure hinders either party in the performance of its obligations for more than three months, either of the parties is entitled to withdraw from the individual contract affected by the given obligation. Otherwise, upon the passing of the force majeure, the parties are obliged to perform the provisions of the individual contract. Upon the passing of the force majeure, the parties may be released from their returning performance obligation by mutual agreement.

15Entry into force and termination of the contract

15.1.

MENET-TREND Kft. is entitled to terminate with immediate effect the individual contract concluded with the Customer:

a.) If liquidation, bankruptcy or voluntary-winding-up proceedings are initiated against the Customer, or the Customer itself initiates the commencement of such proceedings.

b.) If, arising from the Customer’s financial situation, payment discipline or business conduct, the settlement of the purchase price cannot be regarded as secured, and the Customer does not provide adequate security.

c.) If, in the case of partial deliveries, the Customer has not settled the due partial invoice despite a notice.

d.) If the Customer has committed a serious breach of contract, or can no longer fulfil their obligations contained in the contract.

e.) If the Customer displays market conduct towards MENET-TREND Kft. that is contrary to the general service standards of this GTC, and that may furthermore result in an unfavourable perception of MENET-TREND Kft.

15.2.

If MENET-TREND Kft. terminates an individual contract by termination, or if an individual contract ceases for another reason, this does not in any respect affect the obligation of the Customer to fulfil their payment obligations or other debts already existing towards MENET-TREND Kft.

15.3.

The Customer is entitled to terminate with immediate effect the individual contract concluded with MENET-TREND Kft.:

a.) If liquidation, bankruptcy or voluntary-winding-up proceedings are initiated against MENET-TREND Kft., or MENET-TREND Kft. itself initiates the commencement of such proceedings.

b.) If, in the case of partial deliveries, MENET-TREND Kft. does not perform the due partial deliveries despite a notice.

c.) If MENET-TREND Kft. has committed a serious breach of contract, or can no longer fulfil its obligations contained in the contract.

16Obligation to cooperate

16.1.

MENET-TREND Kft. undertakes to cooperate effectively and closely with the Customer during the performance of the individual contracts concluded with the Customer, to take the Customer’s interests into account to the fullest extent, and to give them priority. In connection with its individual contracts, MENET-TREND Kft. expects a similar attitude from the Customer as well.

16.2.

MENET-TREND Kft. undertakes to inform the Customer about the state of the matters forming the subject of the individual contract concluded, and about the result of, or any impediment to, its activity relating to them. In connection with its individual contracts, MENET-TREND Kft. expects a similar attitude from the Customer as well.

16.3.

In the interest of the security of the business relationship, MENET-TREND Kft. reserves the right to satisfy itself of the representation authority of the person(s) acting on behalf of the Customer; before conducting business negotiations or performing commissions, it may request appropriate proof of the representation authority.

16.4.

The Customer may regard as a representative of MENET-TREND Kft. the managing director of MENET-TREND Kft. and the persons designated by them or by the contract concluded between the parties.

16.5.

Either party is entitled to regard the representatives reported to it and their signatures as valid until written notice of the revocation of the representation authority has been received.

17Contact between the contracting parties

17.1.

MENET-TREND Kft. stipulates that the contracts, material notices, commissions and messages concluded with the Customer must be put in writing or confirmed in writing. (If this GTC contains an express provision regarding the form of any communication, that provision must be applied to the given communication.) Messages sent by e-mail, fax or postal letter are to be regarded as written messages. In the case of written confirmation of a communication received by telephone or another non-written form, the other party must immediately indicate any difference between the communication and the written confirmation.

17.2.

Notices may be validly delivered to the address of the parties recorded in the contract (order) by a courier or by post. Items received on a public holiday are deemed to be delivered on the following working day. A notice is deemed to be delivered if the delivery is certified according to its method.

17.3.

The representatives of the Parties designated in the contract based on this policy, being aware of their liability, concurringly declare that at the time of concluding this contract their company-signature (signing) authority exists, their representation power is not restricted, and they hold sufficient authorisation from their companies to conclude this contract.

18Stipulations regarding legal disputes

18.1.

The parties do everything in their power to resolve any legal disputes by negotiation and to reach a settlement.

18.2.

The parties record that, with regard to the legal relationship arising from the contract and to all rights and obligations relating to the contract, they consider Hungarian substantive and procedural law to be decisive.

18.3.

For the resolution of their legal disputes relating to the contract, the parties, taking into account the rules of competence, stipulate the exclusive jurisdiction of the Court that is competent and has jurisdiction according to the registered office of MENET-TREND Kft.

18.4.

The parties record that, in the case of a question or dispute relating to the interpretation of this GTC, the Hungarian-language text is in every case decisive.

18.5.

In the case of a dispute arising from an online purchase, the Customer has the possibility of requesting online dispute resolution.

19Other provisions

19.1.

If any part or provision of this GTC, or of the individual contracts concluded on its basis, proves to be invalid, this does not affect the validity of the other provisions. MENET-TREND Kft. reserves the right to replace the invalid part with a new rule that corresponds to its original objectives and to this GTC.

20Copyright

The copyright and distribution rights of the pages, the screen displaying the pages, all information and material appearing on them, and their arrangement – in the absence of a differing provision – are the property of menet-trend.hu. Referring to the pages of menet-trend.hu is permitted; indeed, we welcome it. Quoting the text on the pages is permitted if it is indicated, next to the quotation, that it originates from the menet-trend.hu page.

21Exclusion of liability for damages

Every part of the menet-trend.hu page has been prepared with full care; the writings we have published on the Internet, in our newsletters and in our other publications have been compiled to the best of our knowledge. Nevertheless, menet-trend.hu is under no circumstances liable for damages, including, without limitation, liability for direct or indirect, special, incidental consequences, loss, cost, which arise in connection with the menet-trend.hu pages

• either from the use of the pages
• or from the pages being in a state unusable
• or from improper operation, deficiency, error, malfunction, information-transmission delay, virus, or system or line fault,

even if menet-trend.hu or its representative was informed of the possible damages, losses or costs.

22Scope of the GTC

Dated: 21 November 2005.
Modified: 1 May 2013.
Modified: 25 October 2018.
Modified: 12 July 2021.