The present general terms and conditions contain the contractual provisions (the „ Contract ”) of the usage of the electronic system (the „ System ”) providing agency services on B2B sale and purchase transactions available on www.supp.li website (the „ Website ”) operated by Supp.li Kft. (registered office: H-5000 Szolnok, Puskás Tivadar körút 14. fszt. 2.; registration number at the Company Court of Szolnok: 16-09-017038; the „ Agent ”).
Parties to the Contract
The following entities are parties to the Contact: a person or a business using the System as seller or potential seller of any goods (the „Seller”), a person or a business using the System as buyer or potential buyer of any goods (the „Buyer”), and the Agent as user of the System as agent and as operator of the System (Seller(s) and Buyer(s) altogether hereinafter as: the „Users”, any Seller or Buyer referred to separately hereinafter as: the „User”, any User and the Agent altogether hereinafter as the „Parties”).
Complying with the obligation set out in Section 4 of Act CVIII. of 2001 on certain matters of electronic commercial services and information society related services (the „ Eksztv.”) the Agent hereby informs the Users about the following data: name of the provider: Supp.li Kft.; registered office and postal address: H-5000 Szolnok, Puskás Tivadar körút 14. fszt. 2.; phone numbers: PL: +48 733 222 738; HU: +36 31 782 6909; electronic address: firstname.lastname@example.org; registration number at the Company Court of Szolnok: 16-09-017038; tax number: 25777752-2-16; EC tax number: HU25777752; chamber registration number at the Budapest Chamber of Commerce and Industry: BU25777752; data of the web hosting service provider: name: Digital Ocean Inc, registered office: 101 Ave of the Americas 10th Floor, New York 10013, USA, postal address: 101 Ave of the Americas 10th Floor, New York 10013, USA, electronic address: mailto:email@example.com)
The User accepts that a „consumer” as defined in Section 8 (1) of Act V of 2013 on the Civil Code (the „Ptk.”) (in Hungarian: „fogyasztó”) shall not be a party to the present Contract, meaning that all Users expressly declare by accepting the present Contract that they act within the frames of their trade, independent profession or business activities when using the System. If the above declaration of the User proves to be false, the User making the false declaration shall be made liable for all damage caused by the User’s false declaration.
The present Contract shall be deemed as accepted by the User by its successful registration in the System. Clicking on „Sign Up” button by the User after filling in other data required by the System qualifies as successful registration. Sending an e-mail notification by the Agent to a User about the successful registration qualifies as the acceptance of the present Contract by the Agent in relation to this User. The User may choose during the registration process whether it wish to participate in the System as seller or buyer or both seller and buyer, however, the User shall not be both the seller and the buyer of the same sale and purchase transaction.
The User may terminate unilaterally without notice the present Contract only if there is not any sale and purchase contract in effect in the System concluded by this User. Deleting registration by the User via clicking on the „Delete Registration” button by the User after filling in other data required by the System qualifies as an effective termination made by this User. The Agent may terminate unilaterally without notice the present Contract in relation to a User only if any provision of the present Contract entitles the Agent to do so, or if this User commits a material breach of the provisions of the present Contract. Deleting the registration of a User qualifies as an effective termination made by the Agent in relation to this User.
System of Services and Considerations
The Seller may offer any of its goods for sale in the System clicking on the „Upload” button after filling in other data required by the System, to be deemed as an offer towards the Buyer(s) on the terms given by the Seller. The Seller may recall its offer in relation to all Buyers without any limitation, who had not clicked on the „Place Order” button in relation to the goods before the recall, so before the Seller clicked on the „Delete” button.
The Buyer may make a declaration of acceptance after filling in other data required by the System regarding any goods (the „Goods”) offered for sale by paying the price (the „Price”) of the Goods coming to the Seller and the shipping fee of the Goods (the „Shipping Fee”). If paying online with credit card, an online or emailed feedback (made by the financial service provider that provides the online paying system) on the successful transaction qualifies as paying, or if paying by making a wire transfer, the reception of the Price on the bank account (the „Bank Account”) indicated by the System.
The System sends an automatic notification (the „Order”) to the Seller and the Buyer into their electronic mailbox in the System about the Buyer’s acceptance of the Seller’s offer, so about the payment set out in Section 2.2. The Order shall be deemed as received (the „Reception”) by the Seller if the Order arrives in the Seller’s electronic mailbox in the System. The sale and purchase contract between the Seller and the Buyer on the Goods shall be deemed as existing and effective as from the occurrence of the Reception. The Seller may recede from the sale and purchase contract on the Goods unilaterally without proving the loss of interest within 24 hours as from the Reception if there is not enough Goods available to fulfill the sale and purchase contract on the Goods (the „Receding”). Receding shall be exercised by the Seller via sending a notification thereof to the Buyer’s electronic mailbox in the System, the Receding shall be deemed as received by and effective towards the Buyer, if the Receding arrives in the Buyer’s electronic mailbox in the System. In case of a Receding, the Agent pays back within 3 business days, via wire transfer, the Price and the Shipping Fee to Buyer, above that, the Buyer shall not be entitled to prefer any claims (e.g. for damages) towards the Seller or the Agent in connection with the failure of the sale and purchase.
The Seller shall be obliged to prepare the Goods for shipping in line with the information of the Order, meaning that the Seller shall provide for the packaging of the Goods suitable for shipping, and shall hand it over to the representative of the economic entity providing the shipping service (the „Transporter”) at the time this representative appears, according to the provisions of the contract on the shipping services of the Transporter (the „Contract on Shipping”). If the Transporter notifies the Agent that the Transporter tried to receive the Goods from the Seller in line with the above mentioned, but the reception of the Goods failed due to reasons for which the Seller shall be held responsible, the Agent pays back within 3 business days, via wire transfer, the Price and the Shipping Fee to Buyer, the Shipping Fee coming to the Transporter and the additional costs to be paid according to the Contract on Shipping shall be paid and borne by the Seller. Furthermore, the Buyer shall be entitled to prefer its claims for all damage occurred in connection with the failure of the sale and purchase directly towards the Seller, in such cases the Agents shall not be liable for the damage and the Agent is entitled to unilaterally terminate the present Contract in the relation to the Seller.
The Buyer shall receive the Goods from the representative of the Transporter and confirm the reception according to the provisions of the Contract on Shipping. If the Transporter notifies the Agent on the reception of the Goods by the Buyer, the Agent pays the Price to the Seller within 1 business day, via wire transfer, deducting the commission coming to the Agent (the „Commission”) from the Price. The Commission equals to the 1-15% of the price fixed by the Seller in the System, the exact amount within this scale shall be determined by the commission charts published in the System, these commission charts may be determined unilaterally by the Agent and amended anytime, unilaterally without any reasoning by the Agent. The Seller expressly accepts the amount of the Commission in proportion to the price fixed by the Seller in the System by clicking on the „Upload” button in the System. In case the Transporter notifies the Agent that the Transporter tried to hand over the Goods to the Buyer, but the handover of the Goods failed due to reasons for which the Buyer shall be held responsible, the Agent pays within 3 business days, via wire transfer, the Price to the Seller, the additional costs to be paid according to the Contract on Shipping shall be borne by the Buyer. The Seller shall be entitled to prefer its claims for all damage occurred, above the Price, in connection with the failure of the sale and purchase directly towards the Buyer, in such cases the Agents shall not be liable for the damage and the Agent is entitled to unilaterally terminate the present Contract in the relation to the Buyer. The Buyer may send a notification the Agent by using its mailing box in the System within 8 days as from the reception of the Goods (or if the Contract on Shipping allows to send back the Goods to the Seller in case of declining to receive the Goods) (the “Complain”), if the Buyer considers a default, or a delayed or failed fulfillment occurred (the “Cases of Default”). Parties expressly agree that in case 75% of the life duration of the Goods has been expired at the time of handing it over to the Transporter, Cases of Default definitely occurs. The Parties expressly acknowledge and agree that the Buyer may only exercise its rights provided by the laws in Cases of Default (e.g. rights in connection with liability for defects, liability for damages), if the Buyer had sent a Complain and the Agent did not investigate the Complain within 15 days as from the sending of the Complain, or the Buyer considers the judgement made by the Agent after investigating the Complain to be inappropriate. The Parties agree that sending the Complain within 8 days qualifies as a notification in due time in line with Section 6:162. (1) of the Ptk. If all Users related to the Complaint consider the judgement made by the Agent after investigating the Complain to be appropriate, these Users are obliged to follow provisions of judgement without delay. If any User related to the Complaint considers the judgement made by the Agent after investigating the Complain to be inappropriate, this User may exercise all of its rights provided by the respective laws. The Users acknowledge that the Agent shall not be made liable in connection with Cases of Default or with the investigation of the Complain.
The Users consent to the following invoicing method. The Agent is entitled to issue all the invoices electronically and to send them to the Users in emails. The Agent issues invoice on the Price instead of and in the name of the Seller for the Buyer. The Agent issues invoice on the Commission in its own name for the Seller. The Agent issues the invoices and sends them to the Users at the same time when the Agent pays the Price to the Seller. The Users acknowledge that the Agent issues the invoices based on the data filled in in the System, including data on VAT matters.
The Users accept the provisions of the Contract on Shipping issued by the Transporters indicated in the System by accepting the present Contract. All provisions of the respectively applicable Contract on Shipping that are not to be applied to the Transporter, entitle and oblige the Agent, however, all provisions of the Contract on Shipping that are expressly determined by the present Agreement as the right or obligation of the Seller, shall entitle or oblige the Seller, and all provisions of the Contract on Shipping that are expressly determined by the present Agreement as the right or obligation of the Buyer, shall entitle or oblige the Buyer.
The reading and acknowledgement of the information on data protection made available in the System by the Agent (the „Information on Data Protection”) is a pre-condition to entering into the present Contract. The User shall confirm the reading and acknowledgement thereof via ticking the head of ”I read and acknowledged the Information on Data Protection”.
The Parties expressly agree that the Agent may amend unilaterally the present Contract anytime without any reasoning, in this case the amendment shall be deemed as received by and effective towards the User when arriving in the User’s mailbox in the System. To the sale and purchase transactions having already been in effect before the amendment took effect, till the fulfillment of these sale and purchase transactions, the provisions of the present Contract on sale and purchase transactions shall be applied.
The Parties agree that the laws of Hungary shall be applied to the Contract. In cases the international and EU laws and the laws of Hungary allow, the Parties expressly stipulate the jurisdiction of Hungary (law of forum) for any dispute in connection with the Contract.