v1.0. - Effective from 1st February 2022
SECTION I.
1. Company details
Name: PÁLINKA TÁRSASÁG KFT.
Headquarters: 1068 Bp. Király u. 80. fszt. 11.
Postal address: same
Location: 1068 Bp. Király u. 20.
Email address: [email protected]
Telephone / Fax number: 06202631386
Tax number: 26131012-2-42 / Community tax number: HU26131012
Registration authority: Fővárosi Törvényszék Cégbírósága
Company registration number: 01-09-303534
(hereinafter: Pálinka Experience)
2. Hosting provider details:
Name: digitalocean.com
Company Name: DigitalOcean LLC
Headquarters: 101 Avenue of the Americas, 10th Floor, New York, NY 10013 USA
Contact: https://www.digitalocean.com/company/contact/
Email: [email protected]
SECTION II.
SUBJECT MATTER OF THE CONTRACT
1. These General Terms and Conditions (hereinafter: GTC) shall be governed by the undertaking defined in Section I (hereinafter: Pálinka Experience, or an undertaking) and a natural person acting outside his / her profession, self-employment or business activity (hereinafter: the consumer). Pálinka Experience and the consumer in the case of a joint reference hereinafter: the Parties) and the rights and obligations of the Parties arising from the Individual Contract.
2. The GTC becomes a part of the Individual Contract.
3. Based on the Individual Contract, the Pálinka Experience is provided by the consumer
on the Website (contact: palinkabudapest.com; hereinafter: the Website)
is obliged to sell the selected ticket or product (hereinafter collectively: Product) and the consumer is required to pay the consideration (hereinafter: Price).
4. Pálinka Experience provides the Product with the features described on the Website. The consumer pays the Price indicated on the Website for the Product at the time of ordering, subject to the rules for indicating the incorrect Price. Due to the price change between the date of the order and the date of the Product, the consumer is not obliged to reimburse any additional consideration.
SECTION III.
TERMS AND CONDITIONS - TICKETS
1. The provisions of this Section shall apply in the event that the consumer purchases a Ticket through the Website. Ticket: any document entitling you to enter the Pálinka Experience, whether or not it entitles you to on-site consumption.
2. In this case, the order will be confirmed to the consumer immediately, automatically and electronically - by email. The confirmation contains the Consumer's Ticket, which must be presented at the place and time specified in the confirmation, printed out or by electronic means (eg telephone).
3. The consumer is entitled to participate in the Program that can be visited with a Ticket once. The consumer may order and transfer the Ticket to another person with prior notice to Pálinka Experience. However, Pálinka Experience shall not be liable for any damages resulting from any access to the Ticket sent to the consumer due to a reason on the consumer's side (eg incorrect e-mail address, loss or theft of the consumer's telephone), including used (redeemed).
4. The Ticket ordered by the consumer can be used (redeemed) at any time within a period of one year after its purchase. The consumer can withdraw from the purchase within 14 days of purchase. However, if the redemption takes place within one year of the purchase, the consumer will not be obliged to pay any additional consideration in the event of a price change. The Ticket can also be redeemed for more than one year, in which case the difference between the price valid at the time of redemption and the consideration paid at the time of purchase will be charged to the consumer and must be paid on the spot at the latest before entry.
5. The consumer must present the Ticket received in the confirmation at the place specified in the confirmation. By redeeming, the consumer gives Pálinka Experience's express, prior consent to the commencement of performance and acknowledges that he will lose his right of cancellation after the completion of the entire service in accordance with Decree No. 45/2014. (II. 26.) of the Government Decree § 29 (1). within the meaning of point (a). So Pálinka Experience will not be able to redeem the Purchased Ticket or refund the Price in this case.
6. The consumer may be excluded from the Program without the right to a refund if his / her conduct endangers the safe running of the Program, violates the rules of participation (located on the back of the Ticket) or disturbs other guests.
7. Pálinka Experience is entitled and obliged to check the age of the consumer. Serving an alcoholic beverage refusing to the consumer until he has proved his age to the best of his knowledge. Persons under the age of eighteen may participate in the Program without being served alcoholic beverages. A person who is intoxicated or intoxicated may be excluded from or refused to participate in the Program.
Lack of Program, change
8. If the Pálinka Experience cannot be visited at the specified time (including if the opening hours of the Pálinka Experience are affected by official restrictions or the consumer is subject to epidemiological restrictions), or the Program may be canceled or its dates have expired earlier, the Pálinka Experience offers the consumer another date at which the consumer may participate in the Program. If the consumer does not accept the offered date, the consideration paid will be refunded to the consumer.
9. If there is a material change in the Program compared to the conditions described at the time of the order, Pálinka Experience will inform the consumer, at the same time offer to amend the contract or grant the consumer the right of withdrawal.
10. If the product purchased by the consumer ceases to exist between the time of purchase by the consumer and the time of redemption, Pálinka Experience may offer a replacement for a product whose price at the time of the intended redemption reaches the product previously purchased. The consumer is not obliged to accept this, in which case he will return for the consideration paid. However, apart from offering a replacement product and refunding the consideration, Pálinka Experience is not subject to any other obligations (especially compensation, indemnification, penalties).
SECTION IV.
TERMS AND CONDITIONS - PRODUCTS
1. The provisions of this Section shall apply if the consumer purchases a Product through the Website. Product For the purposes of this Section - and unlike the meaning otherwise used in these GTC - a movable thing purchased by the consumer, especially souvenirs or brandy, distillate or other spirits.
2. When purchasing a product, the Product will be delivered by the service provider to the address provided by the consumer. The conditions of delivery (notification, receipt, deadline) are determined by the current Business Rules of the service provider.
3. Pálinka Experience does not undertake to deliver products outside the territory of Hungary and does not act as a parcel merchant within the meaning of the Act on Excise Duties.
4. The consumer when purchasing a product
a) is entitled to a 14-day right of withdrawal, which may be exercised, in particular in accordance with the model information contained in Annex 1 to these GTC, using the help attached to the email sent to the consumer or in another clear manner,
b) are entitled to the warranty rights for the supplies according to the model prospectus specified in Annex 2 to these GTC.
5. Where the right of withdrawal is exercised in accordance with paragraph 4 (a), the consumer shall bear the direct cost of returning the Product.
6. The consumer shall not exercise his right of withdrawal if
a) the Product is food,
b) the Product is broken.
7. If the ordered Product is not available upon receipt of the order and is not available, and the consumer does not wish to use the purchase price already paid for another order, Pálinka Experience will refund it to the consumer within a reasonable time. In addition, Pálinka Experience is not subject to any other obligations (especially compensation, indemnification, penalties).
SECTION V.
TECHNICAL STEPS IN CONCLUDING THE CONTRACT
1. During the conclusion of the contract, the consumer browsing the Website - without the obligation to register or pay - will select the Products selected by him in the so-called You can put it in your "cart".
2. The Cart contains the Products selected by the consumer. Your content is free to change until you click the "Pay" button. Until the "Pay" button is clicked, the Individual Contract will not be concluded, ie the parties are not obliged to perform in the direction of each other, ie the consumer is free to choose not to enter into the contract until then. The "Pay" button can be pressed if the consumer has previously accepted the general terms and conditions and provided the following information:
the name,
b) email address,
c) address,
(d) delivery address, if different from home address.
3. By clicking on the "Pay" button, the consumer orders the Products in his Cart. The total amount to be paid by the consumer can be seen in the contents of the Cart. By clicking on the "Pay" button, the consumer also accepts the terms and conditions of the Individual Contract and acknowledges the provisions of these GTC as binding on him / her.
4. Before the consumer pays, the Website shall offer to check and amend the data provided in accordance with paragraph 2 (recognition and correction of data entry errors).
5. Payment shall be made in the system of payment service providers of the consumer's choice. Pálinka Experience does not have access to the data provided in this way. Pálinka Experience is not responsible for any errors that may occur during payment.
6. After the payment has been made, Pálinka Experience will confirm the order to the consumer electronically and automatically, practically immediately. If this does not happen, Pálinka Experience will confirm the order to the consumer within 48 hours in accordance with the relevant rules.
DETECTION AND CORRECTION OF DATA ENTRY ERRORS
7. Data entry errors shall be identified and corrected in accordance with paragraphs 2 and 4 of this Section by appropriate, efficient and accessible technical means.
SECTION VI.
DATA HANDLING
1. By placing an order, the consumer also declares that the information provided is accurate and that his / her past 18 years of age and capacity are not excluded or limited to the group of cases in which the order for the Products is included. Pálinka Experience excludes its liability for the consequences of the inaccuracy of the data provided by the consumer.
2. Pálinka Experience may manage the natural personal data and address necessary for the identification of the consumer in order to create a contract for the provision of the Product, to define its content, to modify it, to monitor its fulfillment, to invoice the resulting fees and to enforce the related claims.
3. Pálinka Experience may manage the natural personal identification data, address and data on the date, duration and place of use of the Product for the purpose of invoicing the fees arising from the contract for the provision of the Product.
4. In addition to the provisions of subsection 2, Pálinka Experience may process personal data for the purpose of providing the Product, which is technically necessary for the provision of the service.
5. If you order a Pálinka Experience delivery, you will forward the data required to complete the delivery to the contractor performing the delivery.
REGISTRATION
6. The consumer can register on the Website. However, you are not obliged to do so and registration is not a condition for concluding Individual Contracts.
7. During the registration of the consumer, he / she provides his / her data, which Pálinka Experience handles in accordance with the provisions of the relevant Data Management Information. By registering, the consumer is relieved of having to re-enter his or her details each time.
8. Pálinka Experience can make special offers for registered users.
SECTION VII.
INFORMATION
1. A 45/2014. (II. 26.) information according to the Government Decree
a) The essential features of the Product are available in the Product Description, which is continuously available on the Website and which the consumer can read without registration or other restrictions.
b) The name of the company can be found in section I (Company data).
c) The address, postal address, e-mail address, telephone and fax numbers of the company can be found in section I. (Company details).
d) The address of the business of the enterprise can be found in section I (Company data).
e) The total amount of consideration for the product or service, plus tax, is generally available on the Website and will be displayed to the consumer individually as the total price of the Products in your cart pursuant to Section V, paragraph 3. At the same time, the full cost of shipping will be displayed and will be finalized at the same time as the purchase is finalized.
f) A contract of indefinite duration or including a subscription may not be concluded on the Website.
g) To conclude the contract, the consumer uses his own means of communication (telephone, laptop, tablet, PC, etc.) based on his individual subscription. The company does not charge an increased fee.
h) The deadline for completion is the date chosen by the consumer for the program, and in the case of delivery of the product, the deadline for delivery, which may fluctuate for logistical reasons, but unreasonable delays do not have to be taken into account. Payment is made in the system of financial service providers contracted by the company, under the conditions specified by them. The consumer may submit a complaint to the email address referred to in point n), to customer service or to points v) and w).
i) The conditions for the right of withdrawal are set out in Section III of these GTC. Section 4.
j) The Company does not sell any product on the Website that may be subject to return.
k) Information on termination after the start of the service is provided in Section III of these GTC. Section 5.
l) The information on the consumer's right of withdrawal is contained in Annex 1 to these GTC.
m) The sample information on the warranty of the supplies and the warranty of the product is contained in Annex 2 to these GTC.
n) The company maintains customer service at the email address and telephone number listed in Section I (Company Information).
The company is not obligated to provide a warranty under the law and does not accept any warranty.
o) The Code of Conduct on the Prohibition of Unfair Commercial Practices against Consumers is not available.
p) The contract is not converted for an indefinite period, the contract is terminated upon performance.
(q) [Invalid point in the Regulation.]
r) The consumer is obliged to pay for the Product, which is done by paying on the Website (or in the system of financial service providers).
s) The consumer does not have to pay a deposit or financial security to the business.
t) All data is transmitted encrypted via SSL and HTTPS protocols.
u) The company stores the data in an SQL database. The data is properly encrypted.
v) Consumers can complain to the territorially competent district office.
w) The consumer can turn to a conciliation body. The Conciliation Body has the power to settle consumer disputes out of court. The task of the conciliation body is to try to reach an agreement between the parties in order to settle the consumer dispute, failing which it will decide on the matter in order to ensure simple, fast, efficient and cost-effective enforcement of consumer rights. At the request of the consumer or the business, the conciliation body shall provide advice on the consumer's rights and obligations. Name of the conciliation body competent according to the seat of the undertaking:
Budapest Conciliation Board
1016 Budapest, Krisztina krt. 99. III. em. 310.
Mailing address: 1253 Budapest, Pf .: 10.
2. The Civil Code. 6:82. § (1) information in accordance with
a) The technical steps for concluding a contract are described in Section V.
b) The Contract does not constitute a written contract.
The company stipulates the Contract to the extent that it reserves a seat for the consumer on the selected Product and issues the Ticket to the consumer and forwards the delivery details to the carrier. This data will be available later.
(c) The identification and correction of data entry errors shall be ensured in accordance with Section V, paragraph 7.
d) This Agreement is concluded in Hungarian. The English language version of this Agreement is for informational purposes only.
e) The activity is not subject to a code of conduct.
3. The Ekertv. Information pursuant to Section 5 (2)
a) The Ekertv. The undertaking shall comply with the information pursuant to § 5 (2) with paragraph 2 of this section.
SECTION VIII.
LIMITATION OF LIABILITY
1. Pálinka Experience excludes its liability for any damage that:
a) it results from the consumer's failure to comply with the legislation in force for him and the rules applicable to the Product,
(b) results from the consumer being intoxicated or intoxicated,
(c) arises from sensitivities (eg food sensitivities, allergies, etc.) that were not foreseen by the consumer,
d) arises from the special expectations and expectations of the consumer (eg anniversary, birthday, girl's request, honeymoon), ie Pálinka Experience is liable for the damages and must meet the warranty requirements that the average consumer using the Product can normally expect in the given case,
e) the reason for the conduct of a third party which Pálinka Experience could not have foreseen without reasonable expectation,
f) is outside the general course of the provision of the Products, ie which Pálinka Experience, as the provider of the Products, cannot reasonably foresee.
2. Pálinka Experience excludes its liability in all cases where the performance of the contract is due to an unavoidable external cause (in particular, but not limited to, floods, other natural disasters, war, riots, mass demonstrations, strikes, administrative decisions, changes in legislation and disease control measures). whether in legal form or on the basis of individual official acts). In such cases, Pálinka Experience has no other obligation other than offering an additional day open for the visit or refunding the Price.
3. Pálinka Experience is entitled to use subcontractors and contributors. He is responsible for their service as if he had acted himself.
4. Pálinka Experience limits its liability to twice the Price of the Product for all damages permitted by law. For the purposes of this paragraph, a Product shall mean a Product in respect of which damage has occurred and not all Products (the contents of your Cart) that may have been purchased by the consumer; For the purposes of this paragraph, price shall mean the consideration paid by an injured consumer.
5. If the Price is obviously incorrectly indicated on the Website, Pálinka Experience
(a) is entitled to supply the Product at the original Price and may call on the consumer to reimburse the difference, or
(b) may withdraw from the contract.
The consumer is also entitled to withdraw from the contract instead of reimbursing the difference.
In the event of a dispute, the original Price shall be the price previously displayed on the Website or the Price indicated in Pálinka Experience's printed leaflets or resellers.
SECTION IX.
TRADEMARKS
1. Images, logos and texts on the Website are registered trademarks, copyrights or other intellectual property of Pálinka Experience or their respective owners. The consumer does not acquire the right to use them by concluding the Contract.
SECTION X.
INVOICING
1. Pálinka Experience issues an electronic invoice for the consumer's purchase. By accepting these GTC, the consumer consents to the issuance of the electronic invoice. The process takes place electronically, automatically and shortly after payment. For this, the Pálinka Experience uses számlázz.hu system and API (application programming interface) connection.
2. The consideration invoiced by Pálinka Experience, ie the amount payable to Pálinka Experience, may include an intermediated service, ie a service resold (re-invoiced) in part or in full, but in the same form, ie Pálinka Experience sells not only its own service but also the service purchased by it , but not necessarily at the same price.
3. Taking into account on the one hand the place of implementation of the Program and on the other hand the place of departure for the sale of the Product to consumers not qualifying for distance selling within the Community, for invoicing according to this Section (and for the whole taxable transaction). rules apply.
SECTION XI.
INTERPRETATIVE PROVISIONS
1. These interpretative provisions, together with those defined elsewhere in the GTC, constitute the governing meaning of the interpreted term:
(a) consumer: a natural person who is acting outside his trade, business or profession
(b) undertaking: an undertaking as defined in Section I, in so far as it is not referred to as the Pálinka Experience
c) Contract: if it is not referred to as an Individual Contract, it is an individual agreement between the consumer and Pálinka Experience for the provision of certain Products, of which these GTC are also a part.
d) the Website: palinkabudapest.com, as well as the domain names that redirect here
2. Legislation referred to:
a) Infotv .: 2011 CXII. TV. on the right to information and freedom of information
b) Ekertv .: CVIII of 2001 TV. on certain aspects of electronic commerce services and information society services
c) VAT: 2007. year CXXVII. TV. on value added tax
d) Civil Code: Act V of 2013 on the Civil Code
(e) GDPR or General Data Protection Regulation: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and 95/46 Repealing Regulation (EC) No 45/2001 (General Data Protection Regulation)
3. In other respects, the terms used in the GTC and possibly in the Individual Contract shall be interpreted in accordance with their general meaning.
4. The titles given in the sections of these GTC serve for easier understanding and overview, they have no effect on the content of the sections.
SECTION XII.
FINAL PROVISIONS
1. This GTC is continuously available on the Website for the consumer to store and retrieve.
2. In the event of the invalidity or invalidity of any provision of these GTC, it shall be deemed to have been concluded by the Parties without the invalid or invalid part, if this is in accordance with the presumed will of the Parties.
3. The Individual Contract concluded between the Business and the Consumer shall be governed by Hungarian law on matters not regulated in these General Terms and Conditions and in the Individual Contract and the General Terms and Conditions. This provision contains a choice of law clause.
4. The present GTC 01.02.20. shall enter into force on
5. This GTC may be amended by Pálinka Experience with effect from the Individual Contracts concluded after the entry into force of the amendment. The earliest date of entry into force shall be the day following the publication of the amended provisions on the Website.
Annex 1
Sample Statement of Withdrawal / Termination
(fill in and return only in case of intention to withdraw from the contract)
Addressee: PÁLINKA TÁRSASÁG KFT.
I, the undersigned, declare that I exercise my right of withdrawal / termination in respect of the contract for the sale of the following product (s) or the provision of the following service: *
Date of conclusion of the contract / date of receipt: *
Name of consumer (s):
Address of consumer (s):
Signature of consumer (s): (paper declaration only)
Dated
Annex 2
Sample Information on Supplies Warranty, Product Warranty, and Warranty
1. Warranty of accessories
In what cases can you exercise your right to a warranty on supplies?
In the event of a faulty performance of the…, you may assert a warranty claim against the company in accordance with the rules of the Civil Code.
What rights do you have based on your warranty claim?
You can choose to use the following supplies warranty claims:
You may request a repair or replacement, unless it is impossible for you to meet the demand of your choice or it would incur a disproportionate additional cost to the business. If you have not requested or been unable to request a repair or replacement, you may request a pro rata reduction of the consideration or you may have the defect repaired at your own expense, or you may have to terminate the contract.
You can switch from your chosen supply warranty to another, but you will bear the cost of the transfer, unless justified or given by the business.
What is the deadline for claiming supplies?
You must report the defect immediately after it is discovered, but no later than two months after the defect is discovered. However, I would like to draw your attention to the fact that you may no longer exercise your warranty rights beyond the limitation period of two years from the performance of the contract. In the case of second-hand goods, this time limit is…., But not more than one year.
Against whom can you assert your warranty claim?
You can enforce your supplies warranty claim against your business.
What are the other conditions for enforcing your warranty rights?
Within six months of performance, there are no conditions other than the notification of the defect to enforce your warranty claim if you certify that the product or service is a. provided by the company. However, after six months from the date of performance, you must prove that the defect you identified was already present at the time of performance.
