General Terms and Conditions

HILLEXPO Korlátolt Felelősségű Társaság

General Terms and Conditions

General information

These General Terms and Conditions of Business (hereinafter referred to as “GTC”) shall apply to all Quotes issued as per the Purchase Orders submitted, and all other legal statements made, and agreements signed with the Customers by HILLEXPO Kft. (1123 Budapest, Alkotás utca 1/A, floor 1, door 13).
This GTC shall also apply when HILLEXPO and the Customer signs an Individual Agreement. If any discrepancy is found between the terms and conditions of the Individual Agreement signed and the provisions herein, the provisions of the relevant Individual Agreement shall prevail.
The Parties hereby expressly exclude the applicability of the Customer’s own General Terms and Conditions of Business to their legal relationship.
The Seller shall publish this GTC and any later amendments of it on its own website (at https://hillexpo.com/). When requested, HILLEXPO Kft. will provide a copy of this GTC to its business partners in other ways as well.

Definitions

GTC: These General Terms and Conditions regulating the legal relationship entered into with regards to the relevant Purchase Order.

HILLEXPO: HILLEXPO Korlátolt Felelősségű Társaság

Legal seat: 123 Budapest, Alkotás utca 1/A, floor 1, door 13
Company registry number: 01-09-307618
Registrar: the Company Registration Court operated by the Budapest Metropolitan Court
VAT No.: 26203416-2-43
Website: https://hillexpo.com/
Mailing address: 2040 Budaörs, Baross u. 165/3. D/10.
E-mail address: info@hillexpo.com
Phone number: +36 30 910 9474

Website: The official website of HILLEXPO at the following domain: https://hillexpo.com/.

Written format: When this GTC requires a written format, any statement made via e-mail or regular mail shall be deemed to be acceptable, unless otherwise stated by this GTC.

Engagement Fee: The net Engagement Fee stated by HILLEXPO in its Price Quote issued.

Customer: The natural or legal person, or business entity without legal personality, or any other person or entity signing an Agreement with HILLEXPO.

Agreement: An Individual Agreement entered into between HILLEXPO and the Customer for the design and full scale implementation of exhibition stands, containing the detailed applicable rules.

Services: Performing the tasks related to the design and full scale implementation of exhibition stands, undertaken by HILLEXPO.

Confirmation: The Purchase Order placed by the Customer (or an acceptance of HILLEXPO’s Price Quote issued) being confirmed by HILLEXPO in an electronic format, upon and via which the Agreement enters into force, and which shall contain the Customer’s data, the particulars of the Purchase Order, the payment data, and information about the Agreement being entered into in an electronic way.

Purchase Orders

The subject matter of this GTC is the Customers placing a Purchase Order for the tasks related to the design and full scale implementation of the exhibition stands offered by HILLEXPO, and the implementation of the same by HILLEXPO.
Customers can request a Price Quote from HILLEXPO via the Company’s website, on the “Prices” sub-page, or directly, by sending an e-mail to the following e-mail address: info@hillexpo.com (hereinafter referred to as the “Price Quote”). As a reply, HILLEXPO will send a standard questionnaire to the Customer’s e-mail address provided, to evaluate the specific needs and requirements of the Customer. The Customer shall then return the completed questionnaire to HILLEXPO via e-mail. Based on the completed questionnaire, HILLEXPO will prepare a Price Quote and the visualization for the stand, and will send the same to the Customer via e-mail, by also attaching a copy of this GTC, and its applicable Privacy Policy. The Customer can accept the Price Quote by signing the Price Quote and sending it back to HILLEXPO via e-mail. The signed version of the Price Quote can also be returned to HILLEXPO by regular mail. By accepting the Price Quote, the Customer also automatically accepts this GTC, and the Privacy Policy of HILLEXPO. This GTC is available at the Company’s website any time, at www.hillexpo.com.
HILLEXPO will send a Confirmation to the Customer about the Purchase Order having been accepted, via e-mail. Once such Confirmation is sent, the Agreement in entered into between the Parties.

Payment terms

The Customer shall be obliged to pay 50% of the Engagement Fee to HILLEXPO, as a Prepayment, within 15 days upon the Agreement being entered into.
The remaining part of the Engagement Fee shall be payable by the Customer to HILLEXPO within 15 days upon the final invoice being issued by HILLEXPO.
HILLEXPO shall issue a final invoice covering both the Prepayment and the remaining part of the Engagement Fee, and shall send the same to the Customer via e-mail.

Payment delay

If any payment delay arises, the Customer shall be obliged to pay a late payment interest to HILLEXPO, equal to twice the late payment interest specified in section 6:155(1) of the Ptk.
If the Customer fails to duly comply with any of its payment obligations by the deadline provided, HILLEXPO will send a written payment reminder to the Customer, by setting an extra 15 (fifteen) calendar day payment deadline. Upon the lapse of such deadline set in the payment reminder with no positive outcome, HILLEXPO shall be entitled to mandate a specialist provider for debt collection, to enforce the amount of debt plus the applicable late payment interest, and shall also be entitled to enforce the claim via litigation, and to terminate the Agreement with an immediate effect.
HILLEXPO hereby informs the Customer on that HILLEXPO shall be entitled to mandate a third party, in particular a law office and/or a debt collection agency to enforce any claim (i.e. legitimate interest) HILLEXPO has towards the Customer. HILLEXPO shall be entitled to transfer the Customer’s data processed in relation to the Agreement to such debt collection agency, for the purposes of the claim being enforced.

Amendments made to the design documentation

Any alteration from the design drawings included in the Price Quote shall be deemed to be a separate Price Quote.
Such new Price Quote is undertaken to be provided by HILLEXPO by not later than 30 days prior to the exhibition start date. The Customer shall send any request for an amendment to be made to the design drawings to HILLEXPO by e-mail. If the Customer requires any modification within less than 30 days prior to the exhibition start date, HILLEXPO shall only implement the same at the Customer’s sole costs and risks.
If HILLEXPO has duly performed the Agreement, however, the Customer has any additional needs, the Parties shall prepare a so called Delivery Memorandum (hereinafter referred to as the “Delivery Memorandum”) at the exhibition location, about any orders or modification requirements presented by the Customer, altering from the original Price Quote.
If any such additional requirements are presented, the final invoice to be issued by HILLEXPO will include the Engagement Fee applicable to such requirements, in line with the Delivery Memorandum prepared.

Contractual performance

Upon the Services having been duly rendered, the Parties shall prepare a Delivery & Acceptance Protocol at the exhibition location.
If the Customer identifies any potential deficiency or defect upon the delivery process, HILLEXPO shall be obliged to remedy the same, provided that HILLEXPO’s Services rendered were not in compliance with the relevant Agreement. All such defects uncovered shall be recorded by the Parties in the Delivery & Acceptance Protocol taken. HILLEXPO shall have the right to refuse compliance with any requirements being altering or additional to the Services specified in the given Agreement, if in HILLEXPO’s view they would lead to default or late performance, or if HILLEXPO is not able to fulfil the same, or if the Customer is not willing to bear the related extra costs arising. The Customer shall be obliged to duly acknowledge the above, and shall not be entitled to blame HILLEXPO for late or default performance, or non-performance due to the same.
Upon the final invoice being issued, the Customer shall issue a Certificate of Compliance to HILLEXPO.

Liability

If implementation becomes impossible due to HILLEXPO’s fault, therefore the Services specified in the relevant Price Quote are failed to be performed, HILLEXPO shall have an indemnification liability arising towards the Customer, the amount of which shall be capped at the Engagement Fee specified in the relevant Price Quote issued, and being accepted by the Customer.
Any drawings sent by HILLEXPO as part of the Price Quote shall be the sole Intellectual Property of HILLEXPO. If the Price Quote is not accepted by the Customer, and as such, the Agreement is not entered into between the Parties, the Customer shall not be entitled to use the design drawings without a written permission granted by HILLEXPO to the same. If the Customer decides to use the design drawings without the written permission of HILLEXPO being granted, the Customer shall have an indemnification liability arising towards HILLEXPO. The total amount of indemnification shall be capped at the Engagement Fee stipulated by the Price Quote containing the drawings, which have been used by the Customer.

Unilateral withdrawal from the Agreement

After a Confirmation has been sent, the Customer shall be entitled to unilaterally withdraw from the Agreement in the following manner:
- 15 days prior to the exhibition start date: the Customer shall be obliged to pay the full price payable for the Services.
- 15-30 days prior to the exhibition start date: the Customer shall be obliged to pay 75% of the full price payable for the Services.
- prior to the commencement of the full scale implementation works: the Customer shall be obliged to pay 50% of the full price payable for the Services.

Reference work

HILLEXPO shall have the right to take photos of the exhibition stands constructed at the location, and to publish the same on its own Website, as reference work.

Official licenses

The Customer undertakes to supply to HILLEXPO all official licenses, documents and deeds, which are a pre-condition to duly perform the subject matter of the Agreement (Services), at the exhibition location.
If the above is failed to be duly complied with by the Customer, and as a result, HILLEXPO is only able to fulfil the Purchase Order with a delay or deficiency, it is solely the Customer, who shall be liable for the same, and the Customer shall have no right to submit an indemnification claim towards HILLEXPO.

A unilateral amendment of this GTC

HILLEXPO shall be entitled to unilaterally modify this GTC, and all other contractual terms and conditions not individually agreed upon.
When an amendment is made, the major elements of such amendment shall be published by HILLEXPO on its own website minimum 15 (fifteen) calendar days prior to such amendments entering into force, in a well visible manner, and shall notify the Customer so as well.
If the GTC got unilaterally amended, the Customer shall have the right to terminate the Agreement with an immediate effect, in writing. The Customer shall have the right to exercise such right for termination in writing, within 8 (eight) business days upon the amendments to the GTC entering into force. If the Customer fails to make any such statement without such deadline provided, this shall be deemed to be an acceptance of the unilateral amendments being made to the GTC, by the Customer.

Data processing

HILLEXPO shall process the Customer’s personal data in full compliance with the applicable provisions of Act CXII of 2011 on the Right of informational self-determination and the freedom of information, and the General Data Protection Regulation of the EU (“GDPR”), in force at the time. HILLEXPO’s detailed Privacy Policy is published at the Company’s website, at www.hillexpo.com.

Miscellaneous provisions

The Customer shall be entitled to submit complaints via the customer service phone line of HILLEXPO, or via regular mail, or e-mail. HILLEXPO shall reply all complaints submitted in writing within 30 days.
If the Customer tried to settle any dispute arising in relation to product quality, the quality of the Services, or the signing or performance of the Agreement between the Parties, directly with HILLEXPO with no success, the Customer shall have the right to turn to a mediation committee, in order to settle the dispute in an amicable way. The mediation committee having territorial scope according to the Customer’s home address or place of residence, or the particular mediation committee specified by the Customer in its request submitted, shall have jurisdiction to conduct such mediation proceedings.
The contact details of the mediation committee, in line with the legal seat of HILLEXPO: Budapest Mediation Committee
Legal seat: 1016 Budapest, Krisztina krt. 99. Mailing address: 1253 Budapest, Pf. 10.
The Agreement can only be amended, supplemented or terminated in writing.
The Agreement shall be deemed to be a written agreement, if the Purchase Order was placed via quoting the contents in an unchanged manner, with the ability to identify the Customer’s person, and the date of the Purchase Order being placed. Any silence or failure by the Customer to show a particular conduct shall also be deemed to be a valid legal statement, when this GTC makes this possible for a specific given legal statement to be made.
HILLEXPO has an official in-house register of its agreements signed.
This GTC, and any potential legal disputes arising out of this GTC or the Agreement shall be conducted in the Hungarian or German languages. In case of any dispute arising, the Hungarian language shall prevail. Any potential legal disputes arising out of this GTC or any Agreement shall be conducted in the Hungarian language.
For any potential legal dispute arising out of the Agreement, the Hungarian courts shall have sole jurisdiction. Any issues remaining uncovered by this GTC and the Agreement shall be governed by Act V of 2013 on the Civil Code, and other Hungarian laws.
There is no Code of Conduct governing the activities of HILLEXPO currently in place.

Dated: Budapest, 23 April 2019