General Terms and Conditions
These General Terms and Conditions (hereinafter: GTC) contain the rights and obligations of Baoliyuan Europa Kft. (1173 Budapest, Tápióbicske utca 19., tax number: 32361036-2-42, company registration number: 01 09 420130, hereinafter: Seller) and the customer utilizing the commercial services provided by the Seller (hereinafter: Customer). (Seller and Customer hereinafter collectively referred to as: Parties). With respect to our deliveries, these terms shall exclusively apply, in addition to the provisions of applicable laws, to the extent permitted by such laws. Any other requests and additional contractual terms raised by customers at the time of ordering shall not be considered without the express, binding declaration of the Seller. Any deviation from these terms shall only be valid if accepted in writing by the managing director or the authorized representative of the Seller.
1. General Information, Formation of Contract between the Parties
1.1. The Seller exclusively engages in wholesale activities, thus serving only individual entrepreneurs with a business license and economic entities registered with the company court.
1.2. Our offers are sent out with the express exclusion of any binding nature; for a contract to be formed regarding a specific order, the explicit written acceptance of the order by the Seller is required.
1.3. Value-added tax is payable on our prices in accordance with the provisions of applicable laws. The costs of packaging, customary in the profession, are included in our prices. Our prices are understood to apply in the case of collection at the Seller's premises; the costs related to delivery are governed by Chapter 2 of these GTC.
1.4. Compliance with the performance deadlines stipulated in the contracts is conditional upon the timely and adequate supply of raw materials by our suppliers. In the event of a delay in delivery due to obstacles in raw material supply, we will promptly inform the Customer of this circumstance. If the delivery is completely frustrated for the aforementioned reason, we will refund the consideration paid by the Customer. The Seller excludes any further liability for damages arising from delays or failures in delivery due to delays or inadequacies in raw material supply.
2. Delivery Obligations and Deadlines
2.1. In order to serve our customers as quickly as possible, we deliver the products ordered by them with the assistance of our express courier partner. Orders placed by 12:00 on working days will be delivered the next working day, depending on stock availability. The delivery cost for cash on delivery is HUF/package + 27% VAT (up to 30 kg). The shipping fee for packages over 2 meters is subject to a surcharge, and delivery may take 2-3 working days. For purchases over HUF 70,000 net, we will cover the delivery cost!
2.2. In the event of unforeseen obstacles that are not within our responsibility or authority, which delay or make it impossible to fulfill our obligations, we reserve the right to extend the previously indicated deadlines by the duration of the obstruction or to terminate the contract concerning the part not yet fulfilled. The Seller is not entitled to terminate the contract if the obstruction is only of a short-term nature.
2.3. In the event of a delay in delivery, damages arising from this can only be claimed to the extent described in point 4.5. In cases of gross negligence or intentional delay in delivery, the previous limitation of liability shall not apply. 2.4. If we do not comply with the expressly stated performance deadlines, the Customer is obliged to set a reasonable additional deadline for the Seller to fulfill the contract. After the expiration of this additional deadline without result, the Customer may withdraw from the contract. The Customer may only assert a claim for damages in lieu of performance if the breach of contract occurred intentionally, through gross negligence, or through significant negligent breach of contractual obligations. In the former case, the claim for damages may only extend to foreseeable direct damages that can be anticipated based on the nature of the legal relationship.
3. Performance and Transfer of Risk
3.1. Our deliveries are made at the Customer's risk. The risk of loss shall transfer to the Customer at the latest when the goods are handed over to the carrier, freight forwarder, or other person entrusted with forwarding by the Seller or a representative thereof, unless otherwise agreed. If the delivery/forwarding of the goods is the Seller's responsibility, or if the Seller fulfills certain obligations of the Customer upon receipt of the goods, or if the Seller assumes the costs of delivery, the risk shall transfer to the Customer upon handover of the goods to the intermediary. The Seller shall only take out insurance for the delivery at the request and expense of the Customer.
3.2. In the case of personal collection by the Customer or through an authorized representative, the risk shall transfer to the Customer upon the commencement of loading. In the former case, the Customer is obliged to take the necessary measures for safe and professional loading and unloading. If the Seller assists in loading and unloading, this shall only be done at the Customer's request, at their risk and responsibility. The Seller's liability is excluded for damages arising from unsafe or unprofessional loading and unloading. The Customer is obliged to fully indemnify the Seller from any claims arising from the fact that the person designated by the Customer for forwarding violates the rules of forwarding (e.g., transportation of goods).
3.3. Claims arising from damages occurring during transportation/shipping must be asserted by the Customer against the freight forwarder or carrier, observing the relevant deadlines, and in such cases, the Customer is obliged to send a copy of the notification to the Seller simultaneously.
3.4. In the event of a delay on the part of the Customer, the risk shall transfer upon the dispatch of the delivery notification regarding the readiness for performance.
4. Warranty/Liability
4.1. The Seller warrants that its products comply with the specifications (properties) described in the product data sheets. These properties are considered to be the characteristics of goods of good quality customary in the market according to Section 288 of the Civil Code. The Seller is only obliged to deliver goods with properties differing from the product data sheets if the deviation has been accepted in writing by the managing director or the authorized representative of the Seller. Any information or advice provided through or in connection with the product data sheets corresponds to our previous experiences and best knowledge.
4.2. The Customer is obliged to inspect the goods immediately after handover. Any warranty claim can only be asserted in writing within 8 (calendar) days following handover, promptly after detection, specifying the found defect and the warranty claim to be enforced. In the absence of the above, the goods shall be deemed accepted. In the case of a warranty claim, the Customer is obliged to provide a sample of the relevant goods to the Seller for independent expert examination and comparison with a sample taken from the shipment kept by the Seller, as well as with the binding product data sheet. If the sample affected by the warranty claim differs from the one kept by the Seller from the given shipment due to improper transportation, handling, or storage, the warranty claim cannot be enforced against the Seller. After the handover of the goods – and the transfer of risk – the burden of proof regarding proper transportation, handling, and storage rests with the Customer.
4.3. In the case of a justified warranty claim, the Seller will replace the goods. If the Seller does not undertake the replacement or cannot fulfill this obligation within the appropriate deadline without causing significant inconvenience to the Customer, the Customer may, at their discretion, request a reasonable price reduction or withdraw from the contract. Withdrawal is not permissible for insignificant defects.
4.4. Any warranty claim against the Seller shall expire within one year, starting from the delivery of the goods. If the delivered goods are used in the construction of a building/structure in a customary and known manner to us, and the defect of the goods causes a defect in that structure, or causes damage to human life, physical integrity, or health, the relevant statutory provisions shall apply instead of the one-year limitation period.
4.5. In the case of defective performance, any claims for damages not expressly mentioned in these terms and conditions against the Seller are excluded. The limitation of liability does not apply to damages caused intentionally or through gross negligence, or to damages resulting in loss of human life, physical integrity, or health. Our liability for damages is limited to foreseeable and directly resulting damages from the nature of the contract, except in cases of intentional or gross negligence, as well as damages caused to human life, physical integrity, or health, with a maximum amount limited to the value of the relevant delivery.
5. Retention of Title
5.1. The delivered goods shall remain the property of the Seller until all claims arising from the legal relationship between the Seller and the Customer have been settled by the Customer.
5.2. The resale of products subject to retention of title by the Customer is permitted within the framework of their ordinary business activities. The pledge or provision of security by the Customer for products subject to retention of title, as well as any other disposition affecting the Seller's ownership rights, is prohibited and void. In the case of resale of goods within the framework of ordinary business activities, the Customer hereby assigns any resulting claims to the Seller upon acceptance of these terms.
5.3. The Customer is obliged to handle the products subject to retention of title with due care.
5.4. In the event of a breach of contract – particularly payment delay – the Seller may withdraw from the contract and is entitled to reclaim the goods in their original condition.
6. Prices, Discounts, Payment Terms
6.1. The list prices of the products we sell can be viewed on our website after registration. (www.lenkei.hu). Our registered partners will see reduced prices reflecting their previously acquired discounts upon logging in. We can provide information regarding individual prices and quantity discounts via email and phone.
6.2. For our new customers, the consideration for the goods purchased shall be paid in cash upon on-site collection, or by cash on delivery in the case of delivery. We naturally offer our regular customers the option of payment via bank transfer. Any requests regarding bank transfers can be communicated to our colleagues via email or phone.
6.3. In the event of delayed payment, the Customer is obliged to pay a late fee equal to twice the current central bank base rate.
6.4. If a Customer falls into arrears with a payment obligation, the Seller is entitled to make all of the Customer's outstanding debts due. The Customer may only offset claims against the Seller against their debts if these have been acknowledged by the Seller or established by a final decision. The same applies in the case of non-monetary obligations towards the Seller: e.g., withholding goods in exchange for a claim is only possible in the case of acknowledgment by the Seller or a final decision regarding this.
7. Final Provisions
8.1. These terms and conditions, as well as the entire legal relationship between the Seller and the Customer, shall be governed by Hungarian law.
8.2. The Seller always strives to resolve disputes arising from commercial relationships amicably, to the mutual satisfaction of the contracting parties.
8.3. If the provisions of point 8.2 cannot be fulfilled, the exclusive jurisdiction of the Metropolitan Court shall apply to the judicial resolution of claims arising from these terms and conditions and the entire legal relationship between the Seller and the Customer.
8.4. The partial invalidity of these terms and conditions does not affect the application of the provisions that are not affected by the invalidity.