AGB

FOR WHOLESALE PARTNERS - GENERAL TERMS AND CONDITIONS

I. Introduction

 

1. The present General Terms and Conditions (hereinafter referred to as "GTC") define the wholesale services of Solar Kit Hungary Kft. (hereinafter referred to as "Seller") and the conditions of use of its services.  The GTC further define the general terms and conditions for the sale of the products sold by Solar Kit Hungary Kft. (hereinafter referred to as "Product", "Products"), as well as the rights and obligations of the parties in connection with the sale, in relation to the contracts concluded by Solar Kit Hungary Kft. with the customers (hereinafter referred to as “Customer” or "Customers") as set out in these GTC. Seller and Customer are hereinafter collectively referred to as the "Parties". The Parties exclude the possibility of applying general terms and conditions other than the Seller's GTC. 

 

2. These GTC automatically become part of all orders for the sale of the Products distributed by Solar Kit Hungary Kft.'s Wholesale Division, unless otherwise agreed in writing. Taking into account the fact that the Seller has already made it possible for the Customer to acquaint himself with the GTC before the establishment of the sales relationship, the GTC shall become part of the sales contract, and the provisions herein shall create contractual rights and obligations for the Parties. 
   
   In accordance with the provisions of Act V of 2013 on the Civil Code (hereinafter referred to as "Civil Code"), the Seller shall draw the Customer’s attention to the provisions of the GTC that differ from the standard provisions by indicating them in italics in the text.

 

3. The current version of the GTC is available at https://shop.solar-kit.eu/en/general-terms-and-conditions. Solar Kit Hungary Kft. ensures that potential Customers wishing to conclude an Individual Contract with it are familiar with the text of the GTC before signing the Individual Contract. By concluding the Individual Contract, the Customer also accepts the provisions of the GTC and acknowledges that the provisions of the GTC shall prevail in matters not covered by the Individual Contract. In case of any inconsistency between the provisions of the Individual Contracts and the provisions of the GTC, the provisions of the Individual Contract shall prevail. The Individual Contract and the GTC (including their respective annexes) together constitute the Agreement between the Parties.

II. Details of the seller:

 

4. Name: Solar Kit Hungary Kft. (hereinafter referred to as "Seller")

2.1.    Address: 1084 Budapest, Déri Miksa utca 6. 1. lház. 2. em. 2.

2.2.    Company registration number: 01-09-330542

2.3.    Tax number: 26530129-2-42

2.4.    EU VAT number: HU26530129

2.5.    Bank and bank account number HUF: K&H Bank Zrt: 10403239-50526885-52681005

2.6.    IBAN HUF: HU19 1040 3239 5052 6885 5268 1005

2.7.    Bank and bank account number EUR: K&H Bank Zrt: HU88 1040 0140 5052 6885 5268 1005

2.8.    SWIFT/BIC code: OKHBHUHB

2.9.    Managing Director: Marcell Tóth

2.10. E-mail address: b2b@solar-kit.eu

2.11. Website: https://www.solar-kit.eu/

2.12. Contact phone: +36 70 771 2983

III. Scope of Activities

 

5. Wholesale of photovoltaic systems and their components and mounting structures.

IV. Defining the customer base

6. The provisions of the present GTC apply exclusively to businesses (“Customer”) within the meaning of Section 8:1 (1) (4) of Act V of 2013 on the Hungarian Civil Code (hereinafter referred to as the "Civil Code"), which purchase the Products sold by Solar Kit Hungary Kft. as a wholesaler for resale and conclude an individual sales contract (hereinafter referred to as the "Individual Contract") for this purpose. A price offer and written declaration of acceptance between the Customer and Solar Kit Hungary Kft. shall also be deemed to be an Individual Contract. In accordance with to Section 8:1 (1) (4) of the Civil Code” an enterprise shall mean a person acting in the course of their profession, self-employed occupation or business activity”. Solar Kit Hungary Kft. considers as its customer (hereinafter referred to as “Customer”) those who is engaged in the installation, servicing, or trade of solar systems and their components as a business entity or sole proprietor and whose business activity includes electrical installation or trade of other electrical equipment. Solar Kit Hungary Kft. reserves the right to verify the existence of the scope of the Customer’s activity. 

 

7. The contract concluded between the Seller and the Customer, which qualifies as a business, is not a consumer contract, therefore Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses does not apply.

 

8. The Seller reserves the right to consider only the claims of a solvent Customer. In the case of insolvency, bankruptcy, liquidation or winding-up proceedings, or the existence of any of these statutory conditions, the Seller is entitled to withdraw from the contract and refuse performance, and to assert claims for further damages. If the Customer has an overdue debt, the Seller is entitled to apply the above consequences.

 

  V. Sales process

 

9. Request for Quotation: Customers can request a quotation in their own name, by providing their real data and contact details by e-mail, webshop or telephone. In response to the request, the Seller shall send an offer via e-mail within 2 business days. 

 

10. The Seller informs the Customer that the failure to receive an email confirmation may be due to an incorrectly provided email address or a full mailbox. The Customer is responsible for the accuracy of the provided data, and the Seller shall not be liable for any delay resulting from inaccurate information. The Customer may check and modify their contact, billing, and shipping information at any time in their webshop profile.

 

11. Order Placement: Customer may place their orders via email or through the webshop, provided that they accept the current General Terms and Conditions published on the Seller's website (https://shop.solar-kit.eu/en/general-terms-and-conditions) during the registration process or before placing an order.

 

12. Webshop Registration Process: Customer is entitled to place an order after registering on the Seller's website.
1. Step 1 of the registration: the Customer completes the registration form.
2. Step 2 of the registration: the Seller's designated contact person contacts the Customer. If the registration is successful, the Customer’s registration will be activated.
3. Step 3 of the registration: the Seller sends an e-mail confirmation of the Customer’s registration.
4. Step 4 of the registration: the Customer sets up a password required for creating/logging into the webshop profile. Upon account creation, the Customer is entitled to view discounted wholesale prices and place orders through the webshop. Registration link: https://shop.solar-kit.eu/en/registration

 

13. The Seller informs Customers to carefully select the currency used for payment when placing an order, as the proforma invoice and the final invoice will be issued in the currency specified in the order. The Customer acknowledges that the selected currency cannot be changed later, and invoices issued in one currency cannot be paid in another. The Seller informs Customers that, in accordance with legal requirements, the total amount must also be indicated in Hungarian forints (HUF) on the invoice; however, payment must be made exclusively in the chosen currency. Customers acknowledge that if the payment is made in a currency different from that of the invoice, they shall bear any additional costs incurred.

 

14. Order confirmation: within 2 working days Solar Kit Hungary Kft. will send a written order confirmation by e-mail for the order placed by the Customer. The order confirmation includes: the exact name of the product, the quantity, the price of the product in EUR or HUF, the total amount of the order in EUR or HUF, the payment method, the expected date of order fulfillment. Orders are processed only during working hours on working days (Monday to Friday 8:00-16:00).

 

15. The Seller reserves the right to reject orders already confirmed, in whole or in part. Partial fulfilment may only take place after prior agreement with the Customer. In the event of advance payment of the purchase price of the product, the amount already paid will be refunded to the Customer in full.

 

16. Orders for Non-Stock Items: For products not kept in stock, the Seller may require a prepayment of 30-50% of the purchase price and will proceed with fulfillment only upon receipt of proof of payment. If the Seller is unable to supply the product, the prepaid amount will be refunded to the Customer. Non-stock items shall be delivered under the conditions specified in the order confirmation.

 

17. Acceptance of goods: For personal pickup, the Seller prepares in-stock products for collection no earlier than 48 hours after order confirmation. If the order is confirmed on a Friday or a business day followed by a holiday, the order can only be collected on the next business day (e.g., an order confirmed on Friday at 14:00 PM can be collected on Monday at 14:00). The Customer is obliged to collect the order within 5 business days of confirmation. The Seller’s warehouse is open for collection on weekdays from 7:00 to 15:00. Pickup outside these hours is only possible by prior arrangement with the Seller. The Seller reserves the right to modify warehouse opening hours and advises Customers to check the latest schedule on the Seller’s website.

 

18. If the Seller delivers the goods to the Customer, handover takes place at the Customer’s registered office, site, or another designated location. If the Customer or their agent collects the goods, handover takes place at the Seller’s premises. At the time of handover, the Seller provides the goods in the agreed quantity and ensures proper documentation. Unless otherwise agreed in writing by the Parties, a delivery note signed by the Customer or a person acting on the Customer’s behalf certifying receipt of the Goods ordered shall be conclusive evidence of delivery, and the Parties expressly accept the delivery note as proof of delivery for the purpose of proving performance.

 

19. Personal Collection: the Parties agree that the Customer shall present the document "order confirmation", which contains a unique serial number, in order to receive the goods, failing which the Seller shall be entitled to refuse to deliver the order.  The Parties stipulate that the Seller shall identify the Customer by presenting the "order confirmation" document and shall be entitled to deliver the ordered goods to the person presenting the "order confirmation" document, which the Customer acknowledges.

 

20. The quantity of goods shall be based on the quantity recorded at the time of taking over. If no objections have been raised at the time of taking-over concerning the quantity - number of items - and packaging of the goods, no claims may be made against the Seller on such grounds after taking-over. The recipient shall also be entitled to inspect the goods for quality by visual inspection. If the Customer has any objection or, in his opinion, the goods have been damaged, he shall immediately state this with a written reservation suitable for legal enforcement, to be recorded on the delivery note or recorded in a report. Failing this, the Seller shall not be obliged to accept any such objections subsequently notified. The Seller recommends that the Customer at all times visually inspect the goods and check their condition on arrival or delivery. By signing the delivery note, the Customer certifies that the goods are in an undamaged condition and in the correct quantity.

 

21. Storage of the ordered goods: the Customer is obliged to pay the purchase price of the ordered goods or a percentage thereof within 2 calendar days after the order is placed, based on the price claim sent. The Seller will issue an invoice for the advance payment, which will be included in the final invoice. The Seller provides free storage for 5 days after payment. Beyond this period, a storage fee of HUF 10.000/m²/day may apply. The Seller issues an invoice for the storage fee with an 8-day payment deadline.
    
22. Order cancellation: the Customer may cancel the order as follows. If the Customer cancels the order or does not take delivery of the Goods/Products in whole or in part within 5 (five) days of the confirmed delivery date, the Seller may cancel the Customer’s order at its discretion and may charge a cancellation fee up to 10% of the value of the cancelled order/order. The right to validate and justify additional storage charges remains reserved.

 

23. Non-stock or special orders can only be returned after consultation with the supplier of the product and approval by the supplier, in principle only on a fair and equitable basis, after the supplier has charged a handling fee (of at least 25%) plus delivery costs. If the supplier claims a cancellation fee from the Seller, the Seller shall be entitled to pass it on to the Customer. The cancellation fee shall be offset against the advance payment. If the Supplier does not accept the Seller's order cancellation even after payment of the cancellation fee, the Customer shall be obliged to take delivery of the goods and pay the purchase price.
24. Delivery date: The delivery date communicated by the Seller depends on the delivery date given by the supplier, therefore the Seller is not liable for late delivery. In the event of late delivery, the Customer cannot claim compensation. If the Seller delays delivery by more than 4 weeks after the agreed delivery date, the Customer shall not be obliged to take delivery of the goods ordered. In this case, the Customer shall be entitled to withdraw from the Order without claiming damages, and the Seller shall be entitled to charge up to 5 % of the net selling price as an administration fee. The advance paid shall be credited against the administration fee, the remaining advance shall be refunded by the Seller to the Customer within 8 calendar days. 

 

25. Method of delivery: The Seller delivers the products mainly in cooperation with an independent transport company. The Seller does not guarantee that the Customer will be able to use all - in theory - available delivery methods. Some delivery methods and delivery charges are quoted to Customers depending on the distance to the delivery address and the weight of the parcel to be delivered to the Customer. Information on the delivery options offered, current conditions and prices can be found at https://shop.solar-kit.eu/en/delivery-and-payment, but the Seller reminds the Customer that the current delivery method and delivery prices are specified in the offer.

 

26. The Seller confirms delivery dates to the Customer for information purposes. The Seller will use its best endeavours to meet the confirmed delivery dates, but stipulates that in the event of any delay in delivery for which the Seller is not responsible, the Customer may not make any claim against the Seller. Solar Kit Hungary Kft. shall not be liable for any damages resulting from the failure of delivery due to a cause beyond the control of the Customer.

 

27. Return of goods: The Seller informs the Customer that it is not possible to return the goods, unless the Seller makes an exception as a courtesy. Except in the case of an exception granted by the Seller, the goods may be returned within 14 (fourteen) days of the date of receipt of the goods by the Customer. The Seller's product return option applies only to products that have been sold by Seller to Customer (invoiced by Seller) and the product is intact, in its original packaging, and in resalable condition. Products received after the deadline will not be accepted by Seller and will be returned to Customer at Customer’s expense and risk. The return of the product is the sole responsibility of the Customer. The Customer acknowledges that the return of the goods is at his own expense and that the Seller does not advance or reimburse the cost of returning the goods. The Seller draws the Customer’s attention to the fact that the Seller will record the return of the goods in a credit note in the first instance. In doing so, the net value of the returned products will be reimbursed less a handling fee of up to 10%. The credit will be settled in the next invoice issued to the Customer. The amount credited will not be paid in the first instance. The Seller may, at its option, decide to refund the purchase price of the products to the Customer, less a handling fee of up to 10%.

 

28. Place of Fulfillment: The place of receipt of the goods is the Seller's branch office: 1012 Budapest, Repülőtéri út 2/A. The Customer and the Seller may agree on another place of performance against reimbursement of delivery costs.

 

29. Transfer of risk: The risk of loss or damage transfers to the Customer upon receipt of the goods, including when transportation is carried out by the Customer or its designated agent, at the Seller’s premises. If the Seller arranges the delivery of the ordered goods, the transfer of risk occurs at the Customer’s premises.

 

VI. Prices

30. The Seller determines the price of the products it distributes in euros (in some cases in forints). The Customer may choose the currency of the financial settlement, which may be in HUF or in EUR, when requesting an offer or placing an order in the webshop. Once this choice has been made, it cannot be changed at the time of invoice settlement. The contractual price and currency are always recorded in the order confirmation based on the offer accepted by the Customer. The conversion of the price quoted in euros to forints is based on the K&H Deviza II selling exchange rate valid on the date of the offer.

 

31. The prices listed in quotations and on the webshop are net prices and do not include VAT. Invoices issued for transactions always comply with the relevant Hungarian and European Union regulations. The net price specified is subject to additional value-added tax (VAT) as per applicable regulations, which the Seller always includes on the invoice in accordance with invoicing rules.

 

32. The price stated in the offer and on the webshop does not include the delivery fee, which is shown as a separate item. The Customer acknowledges that in case of non-payment of the delivery fee the Seller is not obliged to fulfil the order.

 

VII. Payment Methods and Conditions

33. The Parties agree that the Customer must pay the full purchase price of the products before fulfillment.  The Seller may, at its own discretion, grant deferred payment options to certain selected partners of its choice.

 

34. The Parties agree that if the Customer has any outstanding debt to the Seller, any new order from the Customer will only be accepted if the Customer fully settles the outstanding amount and pays 100% of the new order value in advance upon receipt of a proforma invoice from the Seller.

 

35. Payment Method of the Customer: Upon order confirmation, the Seller issues a proforma invoice to the Customer with a payment deadline of 2 (two) days. The final invoice is issued after receipt of the goods and sent electronically to the email address provided by the Customer. The Parties agree that the Customer’s payment obligation and the payment deadline commence from the date of fulfillment. The final invoice accounts for the prepayment made. The invoice includes the payment method, deadline, and the Seller's bank details. The purchase price is considered settled when the total order amount is credited to the Seller's bank account.

 

36. The Customer may only raise objection to the invoice until the payment deadline specified on the invoice.

 

37. Late payment of Customer's invoices: in the event of late payment, the Seller may charge late interest in accordance with Section 6:155 (1) of the Civil Code. This interest is calculated as the central bank base rate applicable on the first day of the relevant calendar half-year, plus 8 percentage points for amounts due in euros, or the applicable base interest rate of the issuing central bank for the given currency, or the prevailing market interest rate in the absence of an official base rate. Late interest accrues from the day following the due date.

 

38. The Customer must pay the total invoice amount without any deductions, offsets, or counterclaims. The Customer is not entitled to withhold, offset, or delay payments of any amounts invoiced by the Seller. Any deviation from this clause requires a prior written agreement between the Parties.

 

39. Paying by credit card is a convenient and secure way to shop in our store. After ordering the goods you have chosen, you will be redirected to the K&H Pénzforgalmi Eladó Kft. website, where you can pay with your credit card through the encrypted transaction used by K&H Pénzforgalmi Eladó Kft. using the most secure technology available. All our customers have to do is click on "pay by credit card" when selecting the payment method and then enter the card number, expiry date and three-digit security code on the K&H Pénzforgalmi Eladó Kft. payment server. K&H Pénzforgalmi Eladó Kft. accepts VISA, VISA Electron, V-Pay, MasterCard and Maestro cards. Debit cards issued for electronic use only can only be accepted if their use is authorised by the issuing bank! Please check with your bank whether your card can be used for online purchases. After a successful purchase, K&H Pénzforgalmi Eladó Kft. will issue an authorisation number for the transaction, which should be noted or printed for reference. In the event of an unsuccessful transaction, K&H Pénzforgalmi Eladó Kft. will send an error message stating the reason for the failure.

 

VIII. Retention of ownership

40. The delivered products, including packaging, remain the property of the Seller until the purchase price has been paid in full. Therefore, the goods may not be pledged as security or otherwise encumbered until the purchase price has been paid in full. The Customer is obligated to handle and store the received goods carefully and professionally. The Seller may explicitly prohibit the resale of the goods until full payment has been received. In the event that the Customer resells the goods before settling the full purchase price despite this prohibition, the Customer expressly assigns the revenue from such resale to the Seller up to the outstanding balance. Single-use packaging is included in the purchase price. In the case of delivery in reusable packaging or container shipments, the packaging material and container remain the property of the Seller and must be returned to the Seller within 5 days of taking delivery, free of charge. If the Customer fails to comply with this obligation, the Seller reserves the right to invoice the Customer for the value of the packaging material or container or to charge the Customer a rental fee for the use of the packaging material or container. In case of non-payment of the purchase price or delivery fee, the Seller has the right to retrieve the goods, dismantle them if necessary, and remove them without damage. If the Customer resells the goods, they must inform their customer of this condition and actively assist in the return process if necessary.  The Customer must store the goods in such a way that the goods received can be identified, separated from other goods, the Seller's ownership can be established beyond doubt and the storage method protects the goods from damage.

 

41. If a third party attempts to access goods subject to retention of ownership (except in cases of lawful sale), the Customer must immediately inform the third party of the Seller's ownership rights and notify the Seller without delay. The Customer is fully responsible for any costs incurred in connection with such incidents.

 

IX.  Warranty

42. The Seller provides a 1 (one) year warranty for the sold products in accordance with the relevant provisions of the Civil Code, with the exception that the Customer is primarily entitled to request the repair of the product. The warranty period begins on the date of fulfillment. The warranty does not cover damages resulting from vandalism, improper operation, improper transportation, improper installation, unauthorized intervention, or failure to comply with maintenance obligations. The Customer may enforce their warranty claim within the warranty period in accordance with the provisions of the Civil Code. If the manufacturer provides an additional warranty period for the product, the terms and conditions of such additional warranty period shall be set out in the manufacturer's warranty ticket.

 

43. In the event of defective performance by the Seller, the Customer may claim for a warranty of replacement in accordance with the provisions of the Civil Code, with the exception that the Customer is entitled to request the repair of the product in the first instance. The limitation period for asserting a warranty claim is 1 year from the date of performance.

 

44. The place of enforcement of the warranty and warranty claim is the Seller's premises / branch or the service center indicated on the warranty ticket. The Customer is responsible for the delivery or removal of the product in need of warranty (guarantee) repair and the costs thereof shall be borne by the Customer.

 

45. A product is eligible for warranty repair or replacement only if it has been inspected according to the document titled "Inverter Warranty and Service Guide for Our Partners" available on the Seller’s website (https://shop.solar-kit.eu/pdf/inverter_warranty_and_service_guide_for_our_partners.pdf), and the repair/replacement has been approved by the Seller in accordance with this document.

 

  X. Complaints

46. How to file a complaint: the Customer and the Cardholder must report the problem in writing to the Seller in accordance with the "Product Receipt and Handling Guidelines for Partners” on the Seller's website (https://shop.solar-kit.eu/pdf/SolarKit_Product_Receipt_and_Handling_Guidelines_for_Partners.pdf).

 

47. Quantity Complaints: The Seller cannot accept any quantity-related complaints after the handover of the goods. Any objections regarding the packaging and quantity compliance of the delivered products must be recorded at the time of receipt in a protocol jointly prepared with the delivery driver or documented on the delivery note, signed by representatives of both Parties, in accordance with the document available on the Seller’s website (https://shop.solar-kit.eu/pdf/SolarKit_Product_Receipt_and_Handling_Guidelines_for_Partners.pdf) the Seller is not able to accept quantity claims after taking delivery of the goods. Customer’s objections to the packaging and quantity conformity of the delivered goods shall be recorded at the time of acceptance in a report with the driver of the delivery vehicle or on the delivery note, signed by the representatives of the Parties, as set out in the document on Seller's website (https://shop.solar-kit.eu/pdf/SolarKit_Product_Receipt_and_Handling_Guidelines_for_Partners.pdf).

 

48. Quality Complaints: Ordered, delivered and accepted products that are in perfect quality and not held in stock cannot be returned to the Seller, except if the parties enter into a separate agreement defining the terms of return. The recipient is entitled to inspect the goods for quality at the time of receipt, including opening the packaging and visually examining the product. Any objections must be recorded on the receipt document, in a protocol jointly prepared with the delivery driver, or documented on the delivery note, signed by representatives of both Parties, in accordance with the document available on the Seller’s website (https://shop.solar-kit.eu/pdf/SolarKit_Product_Receipt_and_Handling_Guidelines_for_Partners.pdf). If this is not done, the Seller is not obligated to accept such complaints at a later date. The Seller advises the Customer to always take advantage of the inspection opportunity. Solar Kit Hungary Kft. shall not be held liable for any damages resulting from late reporting of defects.

 

49. If the goods are defective or malfunction within the warranty period, the Seller will repair them. The Customer is responsible for arranging the return shipment and covering the associated costs. Repairs are carried out at the Seller’s premises. If the goods cannot be repaired, the Seller must replace them with an identical or technically equivalent product, though an exact match in design and appearance is not guaranteed.

 

50. The Customer acknowledges that the Seller does not guarantee against breakage and other defects caused by external influences. The Customer shall reimburse the Seller for any unwarranted (i.e. not due to a factory defect) inspection, possible removal and repair charges according to the current service hourly rate schedule. If the defect or malfunction of the goods is the result of improper installation by the Customer or a third person authorised by him, improper operation by the user(s), lack of servicing, regular maintenance or other improper intervention, the Seller shall be entitled to invoice the Customer for all costs incurred in connection with servicing on the basis of the current service price list.

 

51. If the parties cannot agree on which party is responsible for the defect or failure of the goods, the parties shall seek the assistance of an independent expert mutually selected by the parties to resolve the dispute, whose opinion shall be accepted by both parties. The costs of the expert shall be advanced by the Parties in equal shares and shall be borne by the Party at fault. If there is reason to believe that a defect in the product may cause damage to the environment, the Customer shall be obliged to take action to reduce the foreseeable damage and at the same time to notify the Seller immediately through the installer of the equipment.

 

52. The Seller does not accept complaints in cases of improper storage, handling, or natural wear and tear of the product. The Seller is not responsible for selecting the appropriate product unless a specific written agreement between the Parties states otherwise, even if the Seller participated in the selection process.

 

53. The Customer is required to make every reasonable effort to ensure that the product is professionally installed or stored at the end user's premises until resale.

 

54. The contract of the Parties is not a "consumer contract", and the products distributed by the Seller are not classified to be durable consumer goods. Therefore, they are not subject to the mandatory warranty requirements specified in Annex 151/2003 (IX.22.) of the Government Decree on the warranty for certain durable consumer goods.

 

XI. Data management, confidentiality

55. The Seller processes the data necessary to identify the Customer in compliance with the legal requirements, solely for the purposes of the commercial relationship within the framework of these General Terms and Conditions. The provision of data by the Customer for the purpose of concluding a contract is voluntary on the basis of the principle of contractual freedom. The Customer agrees that the Seller may process data necessary and sufficient to identify the Customer for the purposes of establishing the contract, monitoring the performance of the contract, invoicing the resulting fees and enforcing claims relating thereto. Otherwise, our Privacy Policy shall apply, see here (https://shop.solar-kit.eu/en/privacy-policy).

 

56. The protection of the Customer's personal data is a priority for Solar Kit Hungary Kft. The collection and processing of personally identifiable data required during the use of our website complies with the applicable Hungarian data protection regulations (Act CXII of 2011). The Seller undertakes to treat the Customer’s company data and the personal data of its representative confidentially, to the extent necessary for the performance of the contract between the parties, and not to disclose them to third parties, unless this is essential for the performance of the contract (e.g. postal services, courier services).

 

57. The parties are obligated to treat as business secrets any information they obtain or become aware of regarding each other's activities and information obtained in the course of the performance of the contract. Such information may not be disclosed to any third party without the other party’s consent, nor may it be used for their own or any third party’s business activities, except where required by law, a competent authority, or a court.

 

58. The parties commit to use the information obtained only for the purpose of exercising their rights and fulfilling their obligations under the contract. Any use beyond this scope or manner and disclosure to third parties shall be subject to the prior written consent of the other Party in each case. An exception to this shall be the existence of a legal relationship between the parties, where disclosure would be in the commercial interest of either party. 

 

59. Customer and Seller must refrain from engaging in unfair business practices towards each other. The Customer shall not pursue any business strategy that could negatively affect the market image or customer evaluation of the products distributed by the Seller.

 

60. Damage caused by a breach of a business secret and the cost of remedial measures shall be borne by the party in breach of contract.

 

61. Unless otherwise specified by the Customer, the Seller is entitled to publicize and use the fulfillment of the Customer’s order as a reference, including the Customer’s name and the associated project.

 

XII. Performance and Order Refusal

62. The Seller shall refuse to serve the Customer if it becomes aware that the Customer violates any provision of Hungarian or European Union regulations related to this transaction, including customs regulations.

 

XIII. Modification of the General Terms and Conditions

63. The parties agree that any legal disputes arising between them that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the Budakörnyéki District Court or the Tatabánya Tribunal, depending on the value of the case.

 

64. The Seller reserves the right to unilaterally modify or withdraw the terms set forth in these General Terms and Conditions. The Seller is entitled to amend the content of the General Terms and Conditions unilaterally, provided that it publishes the amendments on the above-referenced website at least 15 days before they take effect. The Seller shall inform the Customer of any changes to the General Terms and Conditions in advance, fulfilling this obligation by publishing a notice on https://shop.solar-kit.eu/en/general-terms-and-conditions . The Seller is not entitled to apply modifications retroactively to the detriment of the Customer. If the Customer does not accept the new General Terms and Conditions or its modifications, this does not exempt them from paying for ongoing services, but they must notify the Seller in writing within 8 days from the due date of the invoice, stating their rejection of the modifications. The relevant provisions of the Civil Code (Sections 6:77-6:81) shall apply to these General Terms and Conditions.
65. If any provision of these General Terms and Conditions is in breach of any provision of applicable law, is invalid or becomes invalid during the term of these GTC, the invalidity of that provision shall not affect the validity of the other provisions of these GTC. In such case, the invalid provision shall be replaced by the provision of the applicable law.
66. The Parties agree to the application of Hungarian jurisdiction in respect of the legal transactions covered by these GTC.

 

67. Failure or delay by either party in exercising any rights or remedies arising from contractual relationships shall not constitute a waiver of such rights. The partial or single exercise of any right or remedy shall not prevent the future or alternative exercise of the same or any other right. The other party cannot rely on such omission or past conduct. The rights and remedies provided in this contract exist alongside those available under statutory law and do not exclude them.

 

68. Pre-contractual communication between the parties does not form part of the contractual relationship unless expressly agreed otherwise. The contracting parties agree that they shall not apply Section 6:63 (5) of the Civil Code [Conclusion and Content of Contracts], meaning that neither customary practices developed in previous business relationships nor practices widely recognized and regularly applied in similar contracts within the industry shall automatically become part of their contractual relationship unless expressly agreed otherwise.

 

69. Any matters not regulated in these General Terms and Conditions shall be governed by Hungarian law, particularly the provisions of Act V of 2013 on the Civil Code and other relevant legislation.

 

70. The Parties declare that in the event of any discrepancy in the wording of the contract due to the fact that the contract is made in several languages, the Hungarian version shall prevail.