Terms and Conditions
Wholesale Partner Ordering Term
Wholesale orders are accepted exclusively through our wholesale website – accessible only after registration and approval – at www.marketcom.eu
Orders via email or phone are not accepted.
Prices for Registered Partners
In our B2B reseller webshop, the default displayed (and strikethrough) price represents the recommended net retail price. The price shown next to it is the discounted wholesale price available to registered resellers.
All product prices are as displayed in the B2B webshop. The discount compared to the retail price may vary by product. All listed prices are net prices, excluding VAT.
Please note that all prices apply only to the quantities currently in stock.
Due to fluctuations in the HUF exchange rate, we reserve the right to adjust the prices of items delivered from a later shipment (i.e., if the order exceeds our in-stock quantity).
If you do not accept the adjusted price, the affected items will be removed from your order.
1. Contracting Parties
The operator of the Web Store (later referenced as: Distributor):
Company name: MarketCom Kft.
Registered seat: Hungary, 1116 Budapest, Hunyadi Mátyás út 82.
EU VAT ID: HU12276385
Company register number: 01-09-662134
Registered by: Fővárosi Törvényszék Cégbírósága
Data protection ID: NAIH-141445/2018.
Phone: +36 1 7001509
Email: info (at) marketcom (dot) eu
- Name: ELIN.hu Informatikai Szolgáltató és Tanácsadó Kft.
- Registered seat: 9024 Győr, Déry T. u. 11.
- VAT ID: 14315754-2-08
- Company register number: 08-09-016359
- Email: info (at) elin (dot) hu
Customer / User: a private person representing, acting in the name of a corporate entity (such as a company or self-employed professional, with activity of retail reseller, e-retail reseller, electric or smart home installer, integrator or manufacturer) and registering as a user of electronic services of the Web Store.
2. Acceptance of the general terms and conditions
Acceptance of the general terms and conditions is the pre-condition of using the services of the Web Store. Creating a user registration or sending an order is deemed acceptance of the general terms and conditions. Acceptance of GTC does not qualify as a printed contract, is not registered, therefore is not retrievable later.
3. Electronic services
Registration as reseller, creating an account
Sending purchase orders via the Web Store is reserved to registered and approved Customers / Users. During the registration, valid and full data has to entered, with name, title/position, company name and VAT ID, as well as, email address and phone number. Users may add invoice and shipping address data before sending the first order.
The User can use its Account for an undefinity time, at no cost. Users may request deletion of their accounts at any time by sending an email to the Web Store requestion account delete.
Web Store service geographic availability
Web Store’s delivery service is available for registered corporate customers
with delivery and invoice address in the below EU countries:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland;
with delivery and invoice address in the below non-EU countries:
Serbia or United Kingdom.
Complaints and comments related to Electronic Services
You can send your comments and complaints to our customer care via email, or postal mail to our above official addresses. Please do include the circumstances (date and time, identified defects, technical environment (OS with version number, Browser with version number, language settings etc.) into your email, as well as, your User id and your contacts.
Our customer care shall respond as soon as possible, but latest in 10 working days.
4. How to order
4.1 Prices
Distributor pruduct prices displayed on the B2B wholesale web store are EXW prices, and all exclude VAT.
Product prices exclude e.g. cost of shipping to customer address, insurance, export customs process cost and custom fees (if exported to outside of EU), and import custom process costs and fees (if exported to outside of EU).
Some of our products have their prices based on the EUR-USD exchange rates, therefore their unit price may change automatically from time to time, possibly even multiple times per day, based on the exchange rate changes.
All product prices are only valid for actual stock quantities. As product prices are greatly depending on currency exchange rate changes and fast changes of the global shipping costs, Distributor reserves the right to change the prices for backordered items when they arrive to stock and are ready to ship. In case of such price changes of backordered items, Cistomer has the right to remove these items from the order.
4.2 Composing an order
In order to compose and send an order, Customers need to log in to the Web Store, navigate to Order Form page (or individual product pages), add the required quantities of the products into the Cart, enter and verify shipping and invoicing address, EU VAT number (if any), then send the order. After sending the order, the order data cannot be modified in the Web Store. Data required for ordering: name, invoice name and address, EU VAT number, email address, phone number, products, quantities, delivery address. Sending an order is a free service of the Web Store.
Distributor is only accepting wholesale orders above the minimum order amount of 200 EUR, excl. VAT.
4.3 Payment
Prices shown in the Web Store are defined in EUR and exclude VAT. During the checkout process all prices, including taxes, delivery and other costs are displayed on the checkout page. In accordance with laws, VAT is charged only to EU customers without a valid EU VAT id. The moment, when Customer sends its order on the Checkout page, Customer initiates to conclude a sales contract.
Payment for the products shall be made via EUR bank transfer to Distributor’s bank account. Payment data is included in the confirmation email sent immediately by the Web Store as a receipt confirmation of the Purchase Order. Payment shall be made not later than 5 days after sending the order, or Distributor has the right to cancel the order.
Unpaid orders do reserve stock until they get paid.
4.4 Confirmation of the order
When Customers sends its order, the Web Store sends an immediate and automatic confirmation email with the order data entered and the items ordered, just in order to acknowledge the receipt of the order. The confirmation email is in no way an acceptance or confirmation of the order, nor the acceptance or the sales contract initiated by the Customer. The Purchase Order becomes accepted and sales contract legally created when the Distributor later informs the Customer about the delivery.
Should any changes be made to the order (invoice or delivery address, items or quantities), the Customers should immediately inform the Distributor via email.
In case no change is required, Customer shall make the payment as per the email instructions included in the mentioned receipt confirmation email.
The Distributor shall start delivery as soon as possible after the payment by customer, but no later than 3 working days. When products have been handed over to the courier company, Distributor is sending a notification email about Order Delivery. The contract between Customer and Distributor is established when this email is sent by the Web Store.
Customer accepts that the mentioned contract contains (1) the purchase order, (2) product specifications as described on the Web Store, (3) this GTC’s terms. The contract is deemed a written contract and the is governed by the regulations of Hungary.
In case the Distributor is not able to deliver some products, Distributor shall inform the Customer as soon as possible, and refund any payments already made after order cancellation.
The Distributor has the right to refuse the order in case in particular in cases where the Customer has violated the provisions of the GTC during any previous order or has any unpaid debt to the Distributor.
4.5 Delivery
Product delivery is currently only available to certain countries listed in this Terms sheet. The cost of shipping the product will be displayed on the Checkout page before the Customers is sending their order, and are based on favourable shipping terms negotiated by the Distributor for its customers.
The customer may also also chose to use its on own shipping company and pick up the order from Distributor warehouse.
The Distributor delivers the products with the involvement of third party courier companies, chosen and contracted by the Customer. Delivery terms are regulated by the GTC of the courier companies.
With regards to EXW (Ex Works parity), Distributor provides their goods in appropriate packaging and labelling to the carrier company chosen by the Customer. Customer is responsible for risks associated with loading the goods onto trucks, and transferring them to the destination address, meeting customs regulations and pay customs fees, if there is any.
Shipping cost may include insurance in case of certain shipping carriers, according their General Terms and Conditions, possibly with an insurance value limit.
Customer is required to check the integrity of the package upon delivery. In case of damaged packaging, the defect must be recorded on site in the presence of the courier. In the absence thereof, Distributor is not in a position to support or report any such complaints.
4.6 Pre-orders
As a general practice, Distributor sells products from immediately available stock, however, from time to time some products may not be on stock, because
(a) temporarily running out of stock due to increased demand, or
(b) a newly introduced product’s first shippment has not arrived yet.
In any of the cases, order form will normally display that the product is out of stock. Customer may order those products not on stock as a pre-order, as part of his/her regular order sent via the Web Store.
Also, Customers may order more quantity from a product than the actual stock level, displayed on the web site. Such extra quantities are are also considered as pre-orders.
Contrary to regular orders, Distributor has no standard commited delivery date for Pre-Orders, as availability of the missing products is out of its scope and control, and is depending on the manufacturers / suppliers of the products. Usually, pre-orders are delivered within 2-3 weeks, but longer delivery time may happen from time to time, if there is a general shortage of the product in the manufacturer warehouse.
In case the waiting time is longer than 4 weeks, the Customer has the right to cancel its pre-order and ask refund or use the paid amount as a payment for another order.
5. Warranty
We provide 1 year warranty for all products sold and delivered.
Warranty claims shall be sent to us:
a) by post: MarketCom Kft., Address: 1116 Budapest, Hunyadi Mátyás út 82. Hungary
b) by e-mail: wholesale (at) marketcom (dot) eu.
As part of the warranty claim, please add:
name of defective product(s)
detailes description of the problem reported by the end-customer,
photos / videos (if any available) about the defect
The Distributor shall make a statement regarding the notification no later than 14 calendar days after end-user report of the problem . From time to time, it may be to send back the product deliver the product to the address of the Distributor for examination.
6. Right of Withdrawal (Government Decree 45/2014 (II.26.))
Given that this reseller webshop only sells to resellers (companies and other corporate entities), the right of cancellation of orders under this Regulation does not apply to our customers.
7. Ownership
Until the purchase price is paid in full, the Product remains the property of the Distributor. If, however, the Product is in the possession of the Purchaser for any reason, before the full payment of the purchase price, he shall be liable to the Distributor for any damage for which no one shall be liable.
8. Liability
Customer may use the Webshop solely at its own risk and accepts that Distributor shall not be liable for material or non-material damage resulting from its use, beyond liability for deliberate breach of contract and damage to human life, bodily integrity or health.
The Distributor disclaims all responsibility for the conduct of the Webshop users. Buyer is responsible for ensuring that the use of the Webshop does not directly or indirectly violate the rights of third parties or the law. Customer is fully and exclusively responsible for its own behavior, in which case Distributor fully cooperates with the acting authorities to investigate the violations.
The Distributor is entitled, but not obliged, to verify any content made available by Customers through the use of the Webshop, and the Service Provider is entitled, but not obliged, to look for signs of unlawful activity.
Web Store pages may contain links that lead to sites of other companies and service providers. The Distributor is not responsible for their privacy practices and other activities.
Due to the global nature of the Internet, Customer agrees to be bound by the applicable national laws when using the Webshop. If any activity related to your use of the Webshop is not permitted under the laws of the Customer’s state, you are solely responsible for your use.
If the Customers discovers objectionable content on the Webshop, he must immediately notify the Distributor. If the Distributor deems the signal to be justified in good faith, it shall be entitled to immediately delete or modify the information.
9. Final Provisions
The contents of the Web Store, together with texts, graphics, photographs, animated photographs, films, illustrations and in some cases sounds and programs, are the property of MarketCom Kft. These contents are protected by copyright. They may only be used with the permission of MarketCom Kft. The Service Provider reserves the right to unilaterally modify the GTC, in whole or in part, at any time, with the notice of the user. The GTC and any amendments thereto shall enter into force upon publication.
The General Terms and Conditions contain the general terms and conditions of the legal relationship between the Service Provider and the customer who enters into a contractual relationship with it. With respect to issues not regulated here, the prevailing Hungarian laws and regulations governing the operation of the Service Web Store, in particular in the Civil Code, on certain issues of e-commerce services and information society-related services, 2001. 45/2014 on the detailed rules of contracts between the consumer and the business (II.26.).
The operator of the website marketcom.hu, MarketCom Kft., hereby informs visitors and customers of its website about its data management practices, the organizational and technical measures taken to protect personal data, and the legal remedies available to users.
I. The Data Controller
The data controller is MarketCom Kft. (registered office: 1116 Budapest, Hunyadi Mátyás út 82., tax number: 12276385-2-43, managing director: Attila Simon, registered by the Company Court of the Metropolitan Court of Budapest under company registration number 01-09-662134, phone number: +36 1 700 1509), hereinafter referred to as the Data Controller.
The data processing registration number for newsletter distribution is: NAIH-141445/2018.
The hosting service provider for the Data Controller is EZIT Kft.
(registered office: 1132 Budapest, Victor Hugo utca 18–22.,
tax number: 23493474-2-41, company registration number: 01-09-968191, phone: +36 1 700 40 30).
II. Legal Basis for Data Processing
The following legislation applies to data processing activities:
Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information (hereinafter referred to as the “Infotv.”).
The full text of the currently effective legislation is available at the following link:
http://net.jogtar.hu/jr/gen/hjegy_doc.cgi?docid=A1100112.TV
III. Data Processing Related to Purchases and User Registrations
III.1. Scope of Processed Data and Purpose of Data Processing
Data required for placing an order:
Shipping name and address:
Providing a shipping address is essential for delivering the ordered items. This may be a home address, workplace, or any other designated delivery location.
Billing name and address:
Required for issuing the electronic invoice related to the order.
Email address:
The email address is used for communication between the website operator and the registering individual. For example, it is used to send login credentials, password reminders, order confirmations, and notifications during order fulfillment.
Phone number:
Used for direct contact during the fulfillment of the order.
Additional data required for user registration:
Username:
Necessary for logging into user-restricted areas of the website (e.g., previous purchases) and for user identification.
Password:
Required to securely access the user account.
III.2. Legal Basis for Data Processing
The legal basis for data processing is your consent, and, in the case of order-related (contractual) data, statutory requirements.
III.3. Duration of Data Processing
Personal data related to orders is retained for the period specified by legislation on record keeping and taxation.
Data associated with the user account is processed by the webshop operator until you withdraw your consent.
You may withdraw your consent at any time by sending an email to: [email protected]
IV. Data Processing Related to Newsletter Subscriptions
IV.1. Scope of Processed Data and Purpose of Data Processing
Name:
Required to identify the individual subscribing to the newsletter; collecting this information is required by law.
Email address:
The email address provided by the subscriber, to which the newsletter will be sent.
IV.2. Legal Basis for Data Processing
The legal basis for data processing is your voluntary and explicit consent.
IV.3. Duration of Data Processing
The above data is processed by the webshop operator until you withdraw your consent.
You may withdraw your consent at any time by sending an email to: [email protected]
V. Access to Data and Data Security Measures
V.1. Access to Data and Data Transfer
The personal data you provide may be accessed by the employees of the webshop operator, strictly for the purpose of fulfilling their duties (e.g., order processing, administration, preparing statistics, etc.).
In addition:
Data provided for invoicing may also be accessed by the employees of the company responsible for the webshop’s accounting.
Shipping-related data (such as the delivery address) may be accessed by the employees and subcontractors of the delivery service provider.
Your data will only be transferred to third parties when required by applicable laws and regulations.
V.2. Data Security Measures
Your personal data is stored on servers located at the registered office of the webshop operator, as well as on the servers of the hosting service provider used by the webshop.
No other third-party service provider is used for data storage.
Appropriate organizational and technical measures are in place to ensure the protection of your personal data — including safeguards against unauthorized access and unlawful alteration.
VI. Your Rights Regarding the Processing of Personal Data
VI.1. Right to Request Information
You may request written information from us — using the contact details provided in Section 1 — about the following:
what personal data we process about you,
on what legal basis,
for what purpose,
from what source,
for how long we store it, and
to whom, when, on what legal basis, and which of your personal data we have granted access to or transferred.
We will respond to your request within 30 days via the contact method you provide.
VI.2. Right to Rectification
You may request in writing — via the contact details provided in Section 1 — the correction or modification of your personal data (e.g. your email address or postal contact information).
We will carry out your request within 30 days and confirm the changes in writing.
VI.3. Right to Erasure
You may request in writing the deletion of your personal data using the contact details in Section 1.
Your deletion request will only be denied if legal obligations require us to continue storing your data — for example, due to recordkeeping or accounting laws.
If no such legal obligation exists, we will process your request within 30 days and notify you in writing.
VII. Legal Remedies Related to Data Processing
Initiating Legal Proceedings
If you believe that your personal data has been processed unlawfully, you have the right to initiate civil proceedings against us.
Such cases fall under the jurisdiction of the regional courts (törvényszékek).
You may choose to file the lawsuit with the court that has jurisdiction over your place of residence.
A list of regional courts and their contact details is available at the following link:
http://birosag.hu/torvenyszekek
VIII. Reservation
The Data Controller reserves the right to amend this Privacy Notice.
Such changes may occur in particular when required by law.
Any modification of data processing shall not result in the use of personal data for purposes other than those originally specified.
The Data Controller will publish a notice of any changes on its website at least 15 days prior to their entry into force.
Cookie Policy
Use of cookies:
Cookies are usually small text files, given ID tags that are stored on your computer’s browser directory or program data subfolders. Cookies are created when you use your browser to visit a website that uses cookies to keep track of your movements within the site, help you resume where you left off, remember your registered login, and other customization functions.The website stores a corresponding file (with same ID) to the one they set in your browser and in this file they can track and keep information on your movements within the site and any information you may have voluntarily given while visiting the website.
A cookie cannot be used to identify you as a person, just to track the computer you are using. Since as a visitor you are not diclosing any personal data, such data are not stored or used during the cookie usage.
Web site statistics:
This web site uses Google Inc. („Google”)’s Google Analytics service. Google Analytics uses cookies, text files stored you your computer which enable them to analyze your web site usage. Such data stored in cookies, including your IP adrress are stored on Google servers.
Google uses such information to analyze your web site visits and provide summmar reports to web site operator. Google may disclose such information to third parties (in accordance with regulations) or when using third party data processors.
You have the right to refuse cookies by setting your web browser settings accordingly, but this may result you may not be able to use certain features of the web site, such as login and login-restricted content.
Please read more about Google Privacy terms here:
http://www.google.hu/intl/hu/policies/privacy/
Copyrights:
The whole content of the web site is owned by the web site operator and is protected by copyright laws. For use or copy of website contents, please contact web site operator for permission.
