GENERAL TERMS AND CONDITIONS

I. DETAILS OF THE SERVICE PROVIDER, GENERAL PROVISIONS

• 1.

  These General Terms and Conditions (hereinafter: GTC) set out the rights and obligations of all persons who use the services specified in this GTC and provided by MUSTANG Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (registered seat: 1038 Budapest, Hegesztő utca 6/b.; company registration number: 01-09-069644; registry court: Court of Registration of the Budapest-Capital Regional Court (Fővárosi Törvényszék Cégbírósága); tax number: 10403686-2-41; represented by: Csák Máté György, managing director, acting independently; e-mail address: info@mustang-kft.com; website: www.mustang-kft.com and www.mustangkft.com) (hereinafter: the Company), who enter into a contractual or pre-contractual legal relationship with the Company, and furthermore who use or enter the Company’s website, registered seat, branch premises, operational and quarry area (hereinafter collectively: Customer or, unless the context indicates otherwise, Person Concerned), and of the Company.

• 2.

  The Company has not submitted itself to any code of conduct under Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers; accordingly, no copy of such a code may be requested from the Company.

• 3.

  Contracts concluded on the basis of this GTC qualify as written contracts; the Company registers and retains them for the period required by the legislation in force. The language of the contracts is Hungarian. Communication between the Parties takes place – in the absence of a different written agreement – by electronic means (primarily by e-mail).

• 4.

  This GTC, the Individual Offer, the Company’s written confirmation and the Individual Contract concluded on the basis of these together constitute the written contract between the Parties. In the event of any discrepancy, the provisions of the Individual Contract or of the Individual Offer prevail over the provisions of this GTC.

• 5.

  This GTC is accessible, and can be downloaded and printed, on the Company’s website (www.mustang-kft.com and www.mustangkft.com) continuously and without restriction.

• 6.

  The Company is at the Customers’ disposal, at the contact details indicated in point 1, for any questions arising in connection with the Company’s operation or the ordering process.

II. DEFINITIONS

• 1.

  Company / Contractor: MUSTANG Kereskedelmi és Szolgáltató Kft., with the details specified in Chapter I, point 1 of this GTC.

• 2.

  Customer: the natural or legal person, or organisation without legal personality, who/which requests an offer from the Company for the provision of a service specified in Chapter IV, or concludes an Individual Contract with the Company.

• 3.

  Consumer: a natural person acting outside the scope of his/her profession, independent occupation or business activity (point 3 of Section 8:1(1) of the Ptk.).

  Business: a person acting within the scope of his/her profession, independent occupation or business activity, including a Customer who is a natural person (primary producer, sole trader, individual or joint agricultural farmer) and who orders the service within the framework of his/her own agricultural production or farming activity. When accepting the Individual Offer, the Customer is obliged to declare whether it is acting as a Consumer or as a Business; in the absence of a declaration, and having regard to the nature of agricultural contract work, the Company may presume that the Customer is acting in its capacity as a farmer/professional, i.e. as a Business. The Customer is liable for the legal consequences arising from an incorrect declaration.

• 4.

  Contracting Parties/Parties: the Company / Contractor and the Contracting Party / Customer / Consumer together.

• 5.

  Contracting Party: the natural or legal person, or organisation without legal personality, who/which concludes an Individual / Sales Contract with the Company.

• 6.

  Service / Contract Work: the agricultural machinery contract work activities listed in Chapter IV of this GTC.

• 7.

  Individual Offer: an offer sent by the Company in writing (by electronic means) on the basis of the Customer’s request, containing the content of the Service, the Work Area, the Fee and the planned date of performance.

• 8.

  Individual Contract: the contract concluded between the Company and the Customer on the basis of the Individual Offer and its written, express confirmation by the Company, of which this GTC forms an integral part.

• 9.

  Fee: the contract fee specified in the Individual Offer/Individual Contract as consideration for the Service, exclusive of VAT, or – in the absence of an indication to the contrary – plus VAT.

• 10.

  Work Area: the area (agricultural field, land) on which the Company provides the Service on the basis of the Individual Contract, including the part of the area falling within the operating range of the machines actually used for the work.

• 11.

  Branch Premises/Operational Area/Quarry Area: the Company’s registered seat, branch premises, and the quarry area(s) operated by it, together with their entire area as recorded in the land register and their appurtenances.

• 12.

  Force Majeure: an event or circumstance independent of the will and influence of the Parties, unforeseeable and unavoidable (including in particular, but not limited to: extreme weather conditions or weather conditions preventing the planned work, natural disasters, measures by public authorities, war, strikes), which makes performance in accordance with the contract impossible or significantly impedes it. For the purposes of this GTC – as an express contractual provision, going beyond the classical concept of force majeure – the Parties also treat the machine breakdown specified in Chapter VIII, point 4 as falling under the same heading as force majeure.

• 13.

  Subcontractor: a third party engaged by the Company for the performance of the Service and in a legal relationship with the Company (person engaged in performance).

• 14.

  Referral/Brokered Work Opportunity: the case under Chapter IX where the Company recommends a third party (a business or a private individual) to the Customer for work, and the contract is concluded between that third party and the Customer, directly between them.

III. SCOPE OF THE GTC

• 1.

  The personal scope of this GTC extends to everyone who

  • (i)

    uses the Company’s website,

  • (ii)

    uses any service of the Company or purchases a product/material from it, or

  • (iii)

    enters the area of the Company’s registered seat, branch premises, or operational or quarry area,

  irrespective of whether he/she is in a contractual legal relationship with the Company.

• 2.

  The material scope of this GTC extends to all services provided by the Company as specified in Chapter IV, and furthermore to the legal relationships connected with the use of the Company’s website and with entry to the Branch Premises/Operational Area/Quarry Area.

• 3.

  By entering, or by requesting an offer for the use of the Service, the Customer and any person entering the Branch Premises/Operational Area/Quarry Area accept, by implied conduct, the provisions of this GTC and acknowledge them as binding upon themselves. Anyone who does not accept the provisions of the GTC is not entitled to enter the Branch Premises/Operational Area/Quarry Area and is not entitled to use the Company’s services.

• 4.

  Special, individual terms do not automatically form part of this GTC; they apply exclusively in the case of an express written agreement of the Parties (Individual Contract), and in the event of any discrepancy, the provisions of the Individual Contract prevail.

• 5.

  Following separate information from the Company, the Contracting Parties agree that, if the Contracting Party has its own general terms and conditions, the Parties exclude by mutual agreement their validity with respect to this contract.

Electronic surveillance system (camera) at the Branch Premises, Operational and Quarry Area

• 6.

  At its Branch Premises, Operational and Quarry Area the Company operates an electronic surveillance system (camera system) – in accordance with the provisions of Act CXXXIII of 2005 on the Rules of Personal and Property Protection and Private Investigation Activities and of the GDPR (Regulation (EU) 2016/679 of the European Parliament and of the Council) – for the purpose of ensuring the security of persons and property and the investigation of accidents and damage occurring at the Branch Premises/Operational and Quarry Area.

• 7.

  The Company places clearly visible warning signs at the entrances to the areas subject to camera surveillance. The detailed rules relating to the camera system (legal basis, retention period, data subject rights) are contained in the Company’s separate Privacy Notice, which is available on the website.

IV. SCOPE OF SERVICES

• 1.

  The Company provides the following agricultural machinery contract work services (the list is not exhaustive; the Company is entitled to extend the range of services unilaterally, and provides information thereon on the website):

  • a)

    Soil work;

  • c)

    Sowing;

  • d)

    Mechanical weed control;

  • e)

    Crop protection (spraying);

  • f)

    Fertilising, nutrient supply;

  • h)

    Harvesting;

  • j)

    Mulching, flail mowing, scrub clearance;

  • l)

    Haulage and transport of agricultural produce;

  • m)

    Branch cutting;

  • n)

    Green space management;

  • o)

    Contract loading and material handling;

  • p)

    Maintenance of agricultural dirt roads.

• 2.

  The Company also operates a quarry area. The activity connected with the operation of the quarry area does not form part of the agricultural contract work service; however, the provisions of Chapters X and XI of this GTC apply mutatis mutandis to entry to the Quarry Area and to damage/accidents occurring there.

• 3.

  The exact content and extent of the specific Service, the designation of the Work Area and the conditions of performance are in every case determined by the relevant Individual Offer or Individual Contract.

V. REQUEST FOR AN OFFER, INDIVIDUAL OFFER, CONCLUSION OF THE CONTRACT

• 1.

  The Customer may notify the Company of its wish to use the Service by electronic means (e-mail, the contact details available on the website) or by telephone.

• 2.

  On the basis of the Customer’s request – following its assessment – the Company sends the Customer an Individual Offer in writing (by electronic means), containing at least the name of the Service, the designation of the Work Area, the Fee and the planned date of performance (commencement of work).

• 3.

  The period of validity of the Individual Offer – in the absence of a different indication – is 7 (seven) calendar days from the sending of the Individual Offer.

• 4.

  Acceptance of the Individual Offer by the Customer (whether by implied conduct or expressly) does not in itself result in the conclusion of a contract. An Individual Contract is concluded between the Parties only if, and with the content with which, the Company, following the Customer’s declaration of acceptance, expressly confirms it in writing (by electronic means), also indicating the date of the planned work.

• 5.

  The date of performance/commencement of work indicated by the Company in the Individual Contract is a planned, indicative date, to which the provisions of Chapter VIII (weather and technical risks, force majeure) apply.

• 6.

  The Company is not obliged to satisfy every request of the Customer; the Company may refuse to send an Individual Offer or to conclude a contract without giving reasons.

VI. FEES, RIGHT TO CHANGE PRICES

• 1.

  Indicative prices and fee rates displayed on the website or given to Customers on a general basis are exclusively for information purposes, and the Company is entitled to deviate from them; such prices become part of an Individual Contract only if the Individual Offer/Individual Contract expressly refers to them.

• 2.

  The Company reserves the right to amend unilaterally the prices displayed on the website and in general information materials.

• 3.

  In the event of any discrepancy, the Fee set out in the relevant Individual Offer/Individual Contract always prevails, irrespective of whether it is identical to the price displayed on the website or in other information material.

• 4.

  The Fee – in the absence of a different indication – is to be understood as a net amount, subject to VAT at the rate specified in the Act on Value Added Tax.

VII. PAYMENT TERMS

• 1.

  The Fee is paid against an invoice, by bank transfer or in cash. At its own discretion, the Company is entitled to request an advance payment of up to 50%.

• 2.

  Where an advance payment is requested, the Company is not obliged to commence the work until the advance payment has been received or its payment has been evidenced.

• 3.

  The payment deadline of invoices – in the absence of a different agreement – is 8 calendar days from the date of issue of the invoice.

• 4.

  In the event of late payment, the Customer – equally in the case of a Customer acting in the capacity of a Consumer and of a Business, on the basis of the express contractual agreement of the Parties – is obliged to pay the Company default interest at the rate applicable to legal relationships between businesses under Section 6:155 of Act V of 2013 on the Civil Code (Ptk.) (the central bank base rate valid on the first day of the calendar half-year affected by the delay, increased by 8 (eight) percentage points).

• 5.

  On the basis of the express contractual agreement of the Parties, in the event of late payment the Customer is, in addition to the default interest, also obliged pursuant to Act IX of 2016 – even in the case of a Customer acting in the capacity of a Consumer, on a contractual legal basis, on the basis of the agreement of the Parties – to pay the Company, to cover the costs of recovery, a lump sum in forints equivalent to EUR 40 at the official foreign exchange mid-rate of the Hungarian National Bank (Magyar Nemzeti Bank) valid on the first day of the delay (hereinafter: Cost Lump Sum), to which the Company becomes entitled upon the occurrence of the delay, without any separate demand.

• 6.

  The Company is entitled to suspend further performance under the Individual Contract(s) affected by the late payment for as long as the delay persists, and, in the event of the Customer’s late payment exceeding 5 (five) days, the Company is entitled to terminate the Individual Contract with immediate effect and to demand payment of the Fee for the Service incurred and performed up to the termination, as well as reimbursement of any claims it may have under Chapter X.

• 7.

  In the event of failure to pay the Fee, the Company is entitled to enforce its claim through legal proceedings or by engaging a debt management/collection company, and to pass on the justified and verified costs thereof to the Customer.

• 8.

  The Parties agree that, if in the course of litigation the court reduces the fee of the Company’s legal representative when awarding the costs of the proceedings, the Customer is nevertheless obliged to pay the full amount of the fee in proportion to its loss of the case; accordingly, it is obliged to pay the Company the difference not awarded by the court within the same deadline and in the same manner as the amount awarded.

VIII. PERFORMANCE, DEADLINE FOR PERFORMANCE, WEATHER AND TECHNICAL RISKS

• 1.

  The Parties record that, owing to the nature of agricultural machinery contract work, the performance of the Service – in particular its commencement and completion – depends to a significant extent on circumstances outside the Company’s control, such as weather conditions, the condition of the soil, and the availability and technical condition of the agricultural machinery fleet.

• 2.

  In view of this, the deadline for performance/commencement of work indicated in the Individual Contract is indicative and does not qualify as a binding deadline contractually guaranteed by the Company, secured by a penalty or by liability for damages. The Company takes all measures that can be expected of it in order to meet the planned deadline, but does not guarantee that it will be met.

• 3.

  If the Company foresees that it will not be able to meet the planned date of performance, it is obliged to notify the Customer thereof in writing without delay (Notification Obligation).

• 4.

  The Parties – on the basis of the express contractual provision set out in Chapter II, point 10 of this GTC – regard the breakdown of the machine(s) used for the work as force majeure. In the event of a machine breakdown, the Company is not subject to any obligation to pay a penalty or damages.

The Customer’s right of cancellation/withdrawal

• 5.

  If the Company indicates that it is unable to meet the originally undertaken deadline, the Customer is entitled to withdraw from the Individual Contract without giving reasons and without any obligation to pay a penalty or damages, provided that it delivers its declaration to that effect to the Company in writing no later than 48 (forty-eight) hours before the planned start time of the work.

• 6.

  If the Company fulfils its Notification Obligation under point 3 within the 48 hours preceding the planned commencement of work (i.e. it indicates the delay only within 48 hours), the Customer is likewise entitled to withdraw within 48 (forty-eight) hours of receipt of the Company’s notification, likewise without any obligation to pay a penalty or damages.

• 7.

  Withdrawal/termination in cases other than those regulated in points 5–6 of this Chapter is governed by the general rules of the Ptk. on breach of contract and by Chapter IX of this GTC.

• 8.

  The provisions of points 1–7 do not affect the right of the Parties to invoke the rules on impossibility of performance under Section 6:179 of the Ptk., provided that the conditions for these are otherwise met.

IX. SUITABILITY OF THE WORK AREA, THE COMPANY’S RIGHT TO REFUSE/INTERRUPT, FRUSTRATION PENALTY

• 1.

  The Customer is obliged to make the Work Area available to the Company in such a condition that the Service can be performed on it properly, without damage to the Company’s machines and equipment (in particular, but not limited to: the Work Area must not be weedy or overgrown with shrubs to an extent that impedes proper work, must not be waterlogged or marshy, and must not contain any hidden obstacle in the absence of the notification described in Chapters IX–X).

• 2.

  If the Work Area is, as set out above, not suitable for the proper performance of the Service without damage to the machines, the Company is entitled to refuse to commence the work or to interrupt work already commenced, including where the cause of the unsuitability (e.g. a previously invisible waterlogged part of the area) only becomes recognisable after the commencement of the work.

• 3.

  If the refusal to commence the work or the final interruption of work already commenced occurs for a reason within the Customer’s sphere of interest (the unsuitability of the Work Area under point 1), the Company is entitled to 12.5% of the full agreed contract fee as a lump-sum frustration penalty covering the costs it has incurred in connection with travelling to the site and commencing the work. Where an advance payment has been made, this amount may be deducted from the advance payment, while the remaining part of the advance payment is to be refunded to the Customer.

• 4.

  If, following the refusal/interruption, the Customer undertakes to make the Work Area suitable (to put it in order), the Company may – at its own discretion – give a new Individual Offer; any contract that may be concluded on this basis qualifies as a new conclusion of contract, to which the provisions of this GTC apply.

• 5.

  The Parties do not regard the cases under this Chapter as a breach of contract by the Company; no penalty or damages (other than the frustration penalty under point 3) may be claimed in respect of them.

X. THE CUSTOMER’S OBLIGATION TO PROVIDE INFORMATION, HIDDEN OBSTACLES, THE CUSTOMER’S LIABILITY FOR DAMAGES

• 1.

  The Customer is obliged to bring to the Company’s attention, in writing and before the commencement of the work, all local features, circumstances and obstacles relating to the Work Area that are known to it (in particular, but not limited to: metal objects, stones, wells, manholes, utility lines located in the soil or in the vegetation, and other objects/structures not visible, or visible only with difficulty, from the surface).

• 2.

  The Customer is obliged to ensure access for the working machines to the site of the work, and to that end to provide the Company with all relevant information (e.g. width and height of the road, height restrictions, weight restrictions) even without a separate request. The Customer bears full responsibility for the accessibility of the work area and for the lawfulness of the access.

• 3.

  If the Customer fails to comply with the above obligation to provide information and, as a result, damage is caused to the Company’s machine, equipment or tool, the Customer bears full liability for damages towards the Company, including the costs of restoring and repairing the machine/tool and the verified cost of the resulting lost operating time.

• 4.

  If it turns out on site that the Company cannot approach the work area safely and lawfully, the provisions of Chapter IX shall apply.

• 5.

  The liability for damages under this Chapter does not affect the rules under Chapter IX concerning the refusal/interruption of work, which may also be applied side by side and together.

XI. LIABILITY FOR DAMAGE OCCURRING AT THE BRANCH PREMISES, OPERATIONAL AND QUARRY AREA, AND IN THE WORK AREA AND WITHIN THE OPERATING RANGE OF THE MACHINES

• 1.

  Everyone may stay at the Company’s Branch Premises, Operational and Quarry Area exclusively at their own risk. This rule – having regard to the nature of the Service – also extends to the Work Area and to the part of the area falling within the actual operating range of the machines used in the course of the work.

• 2.

  The Company – subject to the limitation set out in point 3 – is not liable for damage that occurs in the course of the proper performance of the Service, in the Work Area or within the operating range of the machines, and that is a natural, typical concomitant of proper work (in particular, by way of example: material damage caused by stones, gravel or other objects in the soil thrown up by the machine – e.g. breakage of a vehicle window –, or bodily injury resulting therefrom; an accident occurring while climbing onto the machine or while staying on/near it, if it is the consequence of the own conduct of the Customer or of another person not authorised to operate the machine (e.g. unauthorised approach, climbing on)).

• 3.

  The Customer, and any third party admitted by it to the Work Area (including the quarry area), is obliged to comply with the relevant legislation, safety regulations and the safety instructions of the Company’s employees. The machines may be approached or climbed onto only with the permission and in the presence of an employee of the Company authorised to that effect. Even with such permission, everyone may approach the machines or climb onto them only at their own risk. Unauthorised approach to the machines, or unauthorised climbing onto them, is strictly prohibited.

• 4.

  The rules under this Chapter also apply mutatis mutandis to entry to the Company’s Quarry Area and to the activities carried out there, bearing in mind that quarry operation does not form part of the agricultural contract work service under Chapter IV.

XII. REFERRAL OF A THIRD PARTY, BROKERED WORK OPPORTUNITY

• 1.

  If the Company recommends to the Customer a third party (a business or a private individual) suitable for carrying out work, and the contract is concluded between the Customer and that third party, directly between them, the Company acts in this activity exclusively in a role of establishing contact and making a recommendation, and does not qualify as a work, service or labour broker, nor as a temporary work agency hiring out labour, nor as a contracting party to the legal relationship thus created.

• 2.

  The Company assumes no liability for the performance of the legal relationship created between the third party recommended as set out above and the Customer, for the performance or non-performance of any obligation arising therefrom, for any defective performance, or for any damage arising in connection therewith.

XIII. ENGAGEMENT OF SUBCONTRACTORS

• 1.

  The Company is entitled to engage a Subcontractor freely for the performance of the Service, without the separate consent of the Customer.

• 2.

  The Company is liable for the performance of the engaged Subcontractor as if it had performed the Service itself (Section 6:148 of the Ptk.), with appropriate application of the limitations and exclusions of liability specified in this GTC (in particular in Chapter XIV).

XIV. LIMITATION OF THE COMPANY’S LIABILITY

• 1.

  The Company’s liability for damage caused to the Customer by breach of contract – not falling under an exclusion of liability otherwise applicable under this GTC – is limited in amount to the contract Fee (net) under the relevant Individual Contract for the Service affected by the breach of contract.

• 2.

  The Company is not liable for loss of profit, for loss of revenue suffered by the Customer, or for any other indirect and consequential damage, including in particular such damage resulting from delay occurring for weather/technical reasons under Chapter VIII.

• 3.

  The limitation under this Chapter does not apply with regard to the provisions of Section 6:152 of the Ptk. The limitation of liability under this Chapter does not apply to, and does not limit, the Customer’s liability for damages under Chapter X.

XV. WARRANTY

• 1.

  The Company is obliged to perform the Service with professional care in accordance with the professional rules and the provisions of the Individual Contract.

• 2.

  In the event of defective performance, the Customer is entitled to the rights of warranty for defects under the Ptk. In the case of a Consumer Customer, the special warranty rules of the Ptk. applicable to consumer contracts (Sections 6:159–167 of the Ptk.) also apply.

• 3.

  The condition for asserting a warranty claim is that the Customer brings the defect to the Company’s attention in writing within a reasonable time from its discovery, but no later than within 8 (eight) days from performance.

XVI. CONFIDENTIALITY

• 1.

  The Parties undertake that, having regard to the interests of the other contracting party, they shall not disclose to any third party – beyond the extent necessary for the performance of the contract – any information, fact or data relating to the other contracting party’s activities, interests, plans and clients, and furthermore shall not use other information that has come to their knowledge in the course of the engagement beyond the framework necessary for the performance of their tasks under the contract concluded on the basis of this GTC. The Parties undertake to keep confidential all information referred to in this point; they may not handle it in a manner that harms or jeopardises the interests of the other party, and may not make it accessible to a third party in any form, unless the other party has given its prior written consent thereto.

• 2.

  The Parties regard all information, facts and data relating to the other party’s activities, interests, plans and clients as business secrets.

• 3.

  The confidentiality obligation and the consequences of its breach are binding on the Parties without time limit until the secret or its subject matter is lawfully made public in Hungary. The Parties acknowledge that oral communication of the secret to a third party also qualifies as disclosure.

• 4.

  The Parties are obliged to preserve and foster each other’s good reputation, and are accordingly obliged in particular to refrain from stating or spreading untrue facts concerning the other party that are offensive to the other party, or from presenting true facts in a false light. It also constitutes an infringement of the other party’s good reputation if a party engages in the aforementioned conduct in respect of persons entitled to act on behalf of the other party, or persons otherwise closely connected with the other party, in such a manner that it has a direct or indirect effect on the other party’s business reputation, or is capable of shaking the confidence of business partners or potential business partners in the other party.

• 5.

  The Parties undertake to handle certain information disclosed to them and to be disclosed to them in the future – in particular business plans, trade secrets, client data and other proprietary information, as well as personal data falling within the scope of Act XCII of 2011 on the Right of Informational Self-Determination and Freedom of Information (hereinafter: Infotv.) (collectively: information) – in accordance with the relevant legislation, and in particular the GDPR.

XVII. DATA PROTECTION

• 1.

  The Company processes the personal data of the Customer and of the Persons Concerned under Chapter III in accordance with the provisions of the GDPR and of Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information.

• 2.

  The detailed rules of the Company’s data processing practice – including the data processing relating to camera surveillance under Chapter III, points 5–6 – are contained in the separate Privacy Notice published on the Company’s website, which forms an integral annex to this GTC, accessible separately from it. The Customer acknowledges that by accepting this GTC it has become acquainted with and accepts the Company’s data processing policy.

• 3.

  By using the Service, or by entering the Branch Premises/Operational and Quarry Area, the Customer declares that it has become acquainted with the contents of the Privacy Notice.

XVIII. INTELLECTUAL PROPERTY

• 1.

  The Company’s website, all image, audio and text content found on it and their arrangement, in particular names, logos and graphics, information leaflets, analyses and other information materials, are protected by copyright; accordingly, without the Company’s consent it is prohibited to download, reproduce, make public, or in any other way – beyond personal use – use, exploit, electronically store, process or sell the content appearing on the website or any part thereof. Within the scope of personal use, the Customer is permitted to store the content of the website or extracts thereof on a computer, and to display it on a social media platform with a designation suitable for identifying the Company.

• 2.

  Any material, idea or concept may be taken over from the website, even with written consent, only with reference to the website (or to the address separately indicated in the consent).

• 3.

  Having regard to the nature of the Service provided under this GTC (physical agricultural work), no intellectual creation or work protected by copyright is handed over to the Customer in the course of, or within the framework of, the provision of the Service.

XIX. COMPLAINTS HANDLING

• 1.

  The Customer may submit any complaint relating to the Service at the Company’s contact details indicated in Chapter I, point 1 (info@mustang-kft.com).

• 2.

  The Company examines an oral complaint immediately and, where possible, remedies it immediately; if this is not possible, or if the Customer disagrees regarding the complaint, the Company draws up a record of the complaint and of its position in relation to it. The Company responds to a written complaint in writing within 30 (thirty) days.

• 3.

  In the event of the rejection of his/her complaint, a Consumer Customer is entitled to turn to the conciliation board competent according to his/her place of residence or the Company’s registered seat (according to the Company’s registered seat: Budapest Conciliation Board (Budapesti Békéltető Testület)), and to file a complaint with the consumer protection authority (Fogyasztóvédelmi hatóság).

XX. GOVERNING LAW AND JURISDICTION

• 1.

  This GTC and all Individual Contracts concluded on the basis of it are governed by the law of Hungary, primarily the Ptk. and the relevant sector-specific legislation.

• 2.

  In the event of a legal dispute between the Company and the Customer, the Parties stipulate the exclusive jurisdiction of the Buda Central District Court (Budai Központi Kerületi Bíróság) or, in cases falling within the competence of the regional courts, of the Székesfehérvár Regional Court (Székesfehérvári Törvényszék).

XXI. FINAL AND MISCELLANEOUS PROVISIONS

• 1.

  The Company is entitled to amend this GTC unilaterally. The amended GTC enters into force upon its publication on the website and applies to Individual Contracts concluded after its entry into force; for Individual Contracts already concluded and in progress – in the absence of a different agreement – the GTC in force at the time of the conclusion of the contract applies.

• 2.

  Should any provision of this GTC prove to be invalid or unenforceable, this shall not affect the validity of the other provisions; the invalid provision shall be replaced by the valid provision closest to the intention of the Parties.

• 3.

  The Company has made every reasonable effort to ensure that all information published on the website is accurate at the time of its upload. Nevertheless, the Company assumes no liability or warranty, either express or implied, for the information provided through the website, and reserves the right to make changes and corrections to it at any time without notice, or to discontinue the website or the information published on it in whole or in part.

• 4.

  The Company assumes no liability for any inaccuracy or omission occurring on the website. The offers are not legally binding and do not constitute any obligation of the Company in any form. Any decision based on the information found on the website is the Customer’s own responsibility.

• 5.

  The Company assumes no liability for any loss or damage whatsoever arising from access to, or the lack of access to, the website or any information found there, or from their use.

• 6.

  The Company assumes no liability for content created, transmitted, stored, made accessible or published by third parties to which the Company’s website is linked or to which the website refers.

• 7.

  The Company does not guarantee that access to the website will be continuous or error-free. The Company is not liable for any damage, loss or costs that may arise from the use of the website, its unusable state, its improper functioning, its malfunction, or the unauthorised alteration of data by anyone, or that result from delay in the transmission of information, computer viruses, line or system failure, or other similar causes.

• 8.

  In matters not regulated in this GTC, the provisions of the Ptk. and of other relevant Hungarian legislation shall apply.