GENERAL TERMS AND CONDITIONS
- Data of the website operator (hereinafter referred to as the Seller):
- Name of contractor : Duna- Weser Kft.
- Headquarters : 1137 Budapest, Szent István körút 26. 2/15/b
- Location : 1137 Budapest, Szent István körút 26. 2/15/b
- Company registration number : 01-09-293625
- Registering body :
- Tax number : 13741893-2-41
- E-mail address : email@example.com
The Seller is not a member of an interest representation organization, and does not sell any products that would require a license.
Data of the hosting provider:
- Name: Tárhely.Eu Szolgáltató Kft.
- Headquarters/ site: 1097 Budapest, Könyves Kálmán körút 12-14.
- Tax number: 14571332-2-42
- E-mail: firstname.lastname@example.org
- Definitions of important terms:
Absentee contract: a consumer contract that is concluded without the simultaneous physical presence of the parties in the framework of a distance selling system organized to provide the product or service of the contract, in such a way that, in order to conclude the contract, the contracting parties only use a device that enables communication between absent parties.
Product: all movable things that can be taken into possession and which are included in the offer of the website, put on the market on the website with the intention of selling and which are the subject of the contract.
Regarding the Seller’s service, the Product means the sale of tickets for attending events organized by Raconteur Zrt. (hereinafter: Event Organizer). The Seller does not participate in the organization and conduct of individual performances, the Seller’s activities and responsibilities are limited to the sales of Products (tickets). It is the responsibility of the Event Organizer to conduct the performances as advertised. The Seller does not assume any responsibility for the performance of the performers on the event visited with the purchased Product (ticket), or for the quality, execution, realization or canceling of the event.
Buyer: any natural or legal person or organization without legal personality to whom the Seller sells products through its website.
Consumer: a natural person acting for purposes outside of his independent occupation and economic activity.
In the current General Terms and Conditions, terms used in either lowercase or uppercase letters are set forth in Section 3. and have their definitions set forth in Section 3.
The Seller does not enter into contracts with minors. By accepting these General Terms and Conditions, the customer declares that he/she has reached the age of 18 when the contract is concluded.
- Availability of the General Terms and Conditions:
The Seller publishes its current General Terms and Conditions on its website.
- Content of the General Terms and Conditions:
The current General Terms and Conditions contain the rights and obligations of the Buyer using the electronic commercial services provided by the Seller, as well as the terms of the agreement between the contracting parties.
The current General Terms and Conditions apply when ordering on the website www.padthaiwokbar.com/padtalk. These terms and conditions are considered general contractual terms and conditions according to Section 5 § (1) of Act CVIII of 2001 on certain issues of electronic commercial services and services related to the information society, and they also contain information and regulations in accordance with the provisions of Government Decree 45/2014 (II. 26) on the detailed rules of contracts between the consumer and the business.
The current General Terms and Conditions cover all purchases and services that the Buyer initiates by placing an order from the Seller’s webshop. During the purchase, the Buyer, if he wishes to purchase the Product, is obliged to accept the provisions of the current General Terms and Conditions, which he can do by selecting the checkbox on the form. If the provisions of the General Terms and Conditions are accepted, the contract according to the current General Terms and Conditions is established between the Seller and the Buyer.
- Scope of the General Terms and Conditions:
The current General Terms and Conditions shall come into effect on March 3, 2022, on which date the Seller will also publish the General Terms and Conditions on its website.
The provisions of the General Terms and Conditions are operative for all Buyers and purchases from the date of coming into effect. The current General Terms and Conditions are valid until they are revoked.
Before sending the order, the Buyer declares that he accepts the provisions of the General Terms and Conditions in effect at all times, with which the Buyer asserts that he knows, i.e. has read, understood and acknowledged the provisions of the General Terms and Conditions, and expressly accepts them. By sending the order, the Buyer acknowledges that the General Terms and Conditions in effect at all times form an inseparable part of the contract between the parties.
The Seller reserves the right to amend the provisions of the current General Terms and Conditions. The Seller notifies the Buyer of changes to the General Terms and Conditions by publishing the changes on the website. In the event of a change, the General Terms and Conditions in effect at the time the order is sent will be applied. The amended provisions shall always be applied to orders placed after their entry into effect.
- The course of the purchase, the conclusion of the contract:
The Products offered for sale by the Seller are presented on the website and in the webshop. These Products are the subject of the contract between the Seller and the Buyer. The webshop can be accessed by clicking on the “[Tickets]” menu item on the website . The products can be accessed by clicking on the menu item “[Tickets]” in the webshop. By pressing the “[Next]” button next to the product name, you can open detailed information about each product.
The descriptions attached to each product contain the essential information about the product. The Seller assumes no responsibility for possible misspellings or incorrect data.
The Buyer determines the product quantity he wishes to order, and then he adds product to the so-called cart by pressing the “[Add to Cart]” button.
If the Buyer places the selected product in the Cart, a separate bar will appear with the name of the selected product and the text “placed in cart” as well as the button “[View Cart]”. If the Buyer does not wish to select more products, he clicks the “[View Cart]” button.
By clicking on the “[Cart]” icon in the upper right corner of the website, it is possible to open the cart and view its contents, the products you want to buy and their price, quantity, and the amount to be paid. By exiting the Cart or by clicking on the “[Continue Shopping]” icon, the Customer can continue browsing and purchasing the products on the website.
During the purchase, it is possible to view and modify the contents of the Cart. If the Cart does not contain the quantity that the Buyer intends to order, the Buyer can enter the correct quantity to be ordered in the data entry field in the “Quantity” column, and then press the “[Update Cart]” button.
If the Buyer wishes to delete the products in the basket, he can use the “[X]” sign in front of the product name.
If the desired quantity of the product to be purchased has been added to the Cart, the Buyer can start the ordering process by pressing the “[Proceed to checkout]” button.
In the following window, the Buyer’s personal data is entered (surname, first name, company name, residential address/headquarter, tax identification number/tax number, e-mail address, telephone number).
The Buyer has the opportunity to write a comment beside the order, which can be entered in the box provided for this purpose.
After that, the General Terms and Conditions can be accepted by checking the relevant box.
After reviewing the summary – if the Buyer finds everything in order – the purchase order will be sent by pressing the “[Send Order]” button. If the Buyer notices an error, he can press the back arrow and make the necessary changes.
The information provided on the website does not constitute an offer to conclude a contract on the part of the Seller. In the case of orders falling within the scope of the current General Terms and Conditions, the Buyer is deemed to be the offeror, and the contract is established by the Seller’s acceptance of the offer made by the Buyer through the website in accordance with the provisions of these General Terms and Conditions.
By pressing the “[Send Order]” button, the Buyer expressly acknowledges that his offer must be considered as made, and that his statement – if confirmed by the Seller in accordance with the current General Terms and Conditions – entails a payment obligation.
The receipt of the order by the Seller is confirmed in the form of an automatic reply message. If there are any problems with the order, the Seller’s representative will contact the Buyer by phone or via electronic message.
In all cases, the contract between the parties is established after the confirmation, when the Seller declares that he accepts the Buyer’s order.
If the Buyer sends an order on webshop and the Seller confirms the order by e-mail (expressly accepts the Buyer’s offer), a sales contract is created between the Buyer and the Seller. (If the Buyer does not receive an e-mail confirming the arrival of the order within 48 hours, the Buyer is exempt from the obligation of the offer and is not obliged to purchase the ordered product.)
The Buyer accepts that the contract concluded in this way is considered to be concluded in writing, the creation of the contract is confirmed by the electronically saved purchase data provided by the Buyer, which the Seller keeps until the deadline specified in the legislation on accounting and taxation. The contract is governed by Hungarian law and the provisions of the current General Terms and Conditions apply.
The contract is created in Hungarian, the webshop automatically stores the order in electronic form, the contract is not filed in any other way, so it cannot be retrieved later. The contract will not be converted into an open-ended contract.
The Seller has not submitted to the code of conduct in accordance with the Act on the Prohibition of Unfair Trade Practices against Consumers, therefore no code of conduct is available.
- Customer service:
The postal address of the Seller’s place of business is the same location as the headquarter. Buyers can contact the Seller through the contact details set out in Section 1. of the current General Terms and Conditions, in case of questions, comments, or for any other reason .
- Selling price:
The prices displayed in the webshop are valid consumer prices (including taxes), the currency is Hungarian Forint.
In case of ordering the product by the Buyer, the Buyer’s payment obligation (total amount of the order) covers the payment of the purchase price (consumer price) of the product.
After the confirmation sent by the Seller, the total amount payable for the order will not change. However, it may happen that due to some technical error or typo, an incorrect price is displayed on the website that is significantly different from the market price. Even in the event of an order at the wrong price, an automatic confirmation of the order may be sent to the Buyer’s e-mail address, but this cannot be considered as acceptance of the order. In such a case, the Seller will contact the Buyer by telephone (or e-mail) for consultation before preparing or sending the ordered product. Such orders are not considered valid by the Seller, and the Seller is not responsible for any resulting damages. The seller makes every effort to accurately display the prices of the products on his website. If, despite all care, an incorrect price has been displayed in the webshop, the Seller cannot be obliged to sell the product at the incorrect price.
- Possibility of correcting data entry errors:
During the order process, the Buyer has the option to correct or delete the entered data. If the Customer has already moved on from the data page that he wants to correct, but has not yet finalized the order, in that case it is advisable to click on the back button of the browser or the “[Back]” button on the website until the desired page appears, where it is possible to make the change.
If, after the order has been sent, the Buyer wishes to change the entered data, he can indicate this to the Seller at the contact details provided in the current General Terms and Conditions.
By finalizing the order (i.e. by pressing the “[Send Order]” button), the Buyer acknowledges that the Seller cannot be held responsible for damages arising from the Buyer’s incorrect data entry or inaccurately provided data.
An e-mail address entered incorrectly during the order, or the storage space of the mailbox being full, may cause the lack of confirmation, which may prevent the conclusion of the contract. In such cases, the Seller will try to contact the Buyer in other ways.
- Payment terms:
Orders placed on the Seller’s website and the price of the ordered product are paid by the Buyer by bank card payment (Fare Harbor) .
FareHarbor is an electronic payment processing service, issued by FareHarbor B.V., an e-money issuer under the supervision of the Hungarian National Bank, license number NL858732701B01; MNB E-money issuing institution identifier: 71480404
After finalizing the order, the system will automatically redirect the Buyer to FareHarbor’s protected website, where the Buyer can pay for the order by entering the bank card details. In case of successful payment, the FareHarbor page automatically redirects the Buyer to the Seller’s webshop.
This payment method is completely safe and completely free of charge for the Buyer.
FareHarbor ‘s customer service can be reached at the following phone number: +31 30 249 2017; their website is available at: https://fareharbor.com
The Seller is not responsible for any errors that may occur during payment by bank card. When paying, the customer is responsible for being entitled to use the specified payment method and device, and that the payment data provided is true and accurate.
Fulfilling its legal obligations, the Seller calls the Buyer’s attention to the fact that making the contractual declaration entails a payment obligation to be fulfilled in favor of the Seller.
The invoice issued for the purchase is sent by the Seller through the szamlazz.hu system after the payment of the purchase price of the product.
- Completion time:
The date of fulfillment is the sending of the ordered product to the Buyer. The product will be sent to the email address specified by the Buyer within 3 days after the finalization of the order and payment of the product purchase price.
- Data protection:
The Seller takes all technical and organizational measures to keep the personal data of its partners and Customers safe, and to handle it in accordance with the manner prescribed by the (EU) 2016/679 regulation of the European Parliament and the Council.
- Right of withdrawal:
In the case of contracts concluded outside the business premises and between those who are absent, the Buyer has the right to cancel without giving any reason within 14 calendar days from the day of receipt of the product. The Buyer may also exercise his right of withdrawal in the period between the date of conclusion of the contract and the receipt of the product. In case of cancellation in writing, it is sufficient to send the cancellation statement within 14 calendar days. The Buyer may exercise this right by making a clear declaration to this effect, or by means of the renunciation/termination declaration template found in Annex No. 2. of Government Decree 45/2014. (II. 26.) (and below):
Template declaration for withdrawal
The undersigned ……………………. I/we declare that I/we exercise my/our right of withdrawal/termination with respect to the contract for the sale of the following product(s) or the provision of the following service:
Date of conclusion of contract / date of receipt of the product/service:
Name of the consumer(s):
Address of the consumer(s):
Please return the purchase price to the following bank account number (fill it in if you want us to pay the purchase price back by bank transfer):
Signature of the consumer(s): (only in the case of a statement made on paper)
The Buyer can send the declaration to the Seller by e-mail or in the form of a postal letter addressed to his headquarter. The deadline written above is deemed to have been fulfilled if the Buyer communicates his intention to withdraw no later than the 14th day after receiving the product. The burden of proof in this regard rests with the Buyer. If the Buyer withdraws from the contract in this way, the Seller will immediately, but no later than within 14 calendar days from learning of the withdrawal, refund the entire amount paid by the Buyer, including the costs incurred in connection with the payment. The Seller will refund the amount to the Buyer in the same way as the payment method used by the Buyer. Based on the Buyer’s express consent, the Seller may use another payment method for the refund, but the Buyer will not be charged any additional fees as a result.
The Seller is liable for the warranty stipulated in the legislation in the event of a product defect in case of products produced by the Seller.
The product is defective if, at the time of delivery, it does not meet the quality requirements established in the contract or in legislation. The Seller does not fulfill the contract incorrectly if the Buyer was aware of the defect at the time of the conclusion of the contract, or should have known of the defect at the time of the conclusion of the contract.
In the event of a possible defect in the purchased product, the Buyer may assert a claim for accessories or product warranty. The procedure is governed by the provisions of NGM Decree 19/2014. (IV. 29).
- Accessory warranty:
In what cases can the Buyer exercise his accessory warranty right?
In the event of defective fulfillment of the contract by the Seller, the Buyer may enforce a warranty claim against the Seller in accordance with the rules of the Civil Code.
What rights does the Buyer have based on his warranty claim?
The Buyer may – at his choice – make use of the following accessory warranty claims: He may request repair or replacement, unless the fulfillment of the claim chosen by the Buyer is impossible or would entail disproportionate additional costs for the Seller compared to the fulfillment of another demand. If the Buyer did not, or could not, request the repair or replacement, he may request a proportional delivery of the compensation, or the Buyer may repair the defect at the Seller’s expense, or have it repaired by someone else, or – as a last resort – withdraw from the contract. The Buyer may transfer from his selected accessory warranty right to another, but the Buyer shall bear the cost of the transfer, unless it was justified or the Seller gave a reason for it.
What is the time limit for the Buyer to assert his accessory warranty claim?
The Buyer is obliged to report the defect immediately after its discovery, but no later than within two months from the discovery of the defect. At the same time, the Buyer may no longer assert his accessory warranty rights beyond the two-year statute of limitations from the date of execution of the contract. In the case of a used item, this deadline is 1 year.
Against whom can the Buyer assert his accessory warranty claim?
The Buyer can enforce his accessories warranty claim against the Seller.
What other conditions are there for asserting the Buyer’s accessory warranty rights?
Within 6 months from the date of delivery, there is no other condition for asserting the Buyer’s accessories warranty claim, apart from the notification of the defect, if the Buyer proves that the product or service was provided by the Seller. However, after six months from the date of delivery, the Buyer is obliged to prove that the defect recognized by the Buyer was already present at the time of delivery.
- Product warranty
In what cases can the Buyer exercise his product warranty right?
In the event of a defect in a movable object (product), the Buyer may exercise – upon choice- his accessory warranty right or product warranty claim.
What rights does the Buyer have based on his product warranty claim?
As a product warranty claim, the Buyer may only request the repair or replacement of the defective product.
In which case is the product considered defective?
The product is defective if it does not meet the quality requirements in effect at the time it is placed on the market or if it does not have the attributes described by the producer.
What is the time limit for the Buyer to assert his product warranty claim?
The Buyer may assert his product warranty claim within two years from the date of the product’s release by the producer. After this deadline, the Buyer will lose this right.
Against whom and under what other conditions can the Buyer enforce his product warranty claim?
The Buyer may exercise his product warranty claim only against the producer or distributor of the movable object. The Buyer must prove the defect of the product in the event of a product warranty claim.
In what cases is the producer (distributor) exempt from product warranty obligations?
The producer (distributor) is only exempt from his product warranty obligation if he can prove that:
- the product was not produced or distributed as part of its business activities, or
- the defect was not detectable according to the state of science and technology at the time of placing it on the market or
- the defect of the product results from the application of legislation or mandatory official regulations.
It is sufficient for the producer (distributor) to prove one reason for exemption. Due to the same defect, the Buyer cannot assert a claim for accessory warranty and product warranty at the same time, in parallel with each other. However, in the case of successful enforcement of a product warranty claim, the Buyer may assert his accessory warranty claim for the replaced product or repaired part against the producer.
- How to report a warranty claim:
In relation to the product sold by the Seller, the Buyer may assert his warranty right in writing (in the form of a postal or electronic mail).
The Buyer can report his warranty claim by sending a letter to the Seller by post or by electronic mail.
The letter must include:
- the name and address of the Buyer,
- the name of the product, purchase price,
- the date of purchase,
- the date of notification of the defect,
- description of the defect,
- the claim that the Buyer wants to enforce.
If the Seller is unable to make a statement about the fulfillment of the Buyer’s request when it is reported, he must notify the Buyer of his position within 3 working days at the latest.
The Seller endeavors to carry out the repair or replacement within 15 days at most.
The Seller will accept the product for repair against a receipt. The name and address of the Buyer, the data necessary to identify the product, the time of receipt of the product and the date of receipt of the repaired product are indicated on the receipt.
Pursuant to the current legislation, the range of products sold by the Seller is not subject to warranty obligations, so the Seller does not guarantee the products.
- Complaint handling related to the activities of the Seller:
If the Buyer is not satisfied with the product or service distributed by the Seller and wishes to make a complaint to the Seller, he can do so in writing: by post or in the form of electronic mail.
The Seller investigates all complaints.
If the directly applicable legal act of the European Union does not provide otherwise, the Seller must answer the written complaint in writing within thirty days after its receipt and take measures to communicate it. A shorter deadline than this can be established by legislation, and a longer deadline by law. The Seller is obliged to justify his position rejecting the complaint. The Seller must assign a unique identification number to the verbal complaint communicated using the electronic communication service.
The record of the complaint must contain the following:
- name and address of the Buyer,
- the place, time and method of presenting the complaint,
- a detailed description of the Buyer’s complaint, a list of documents and other evidence presented by the Buyer,
- the Seller’s statement on his position regarding the Buyer’s complaint, if the complaint can be investigated immediately,
- the signature of the person recording the complaint and – with the exception of verbal complaints communicated by telephone or other electronic communication services – the signature of the Buyer,
- the place and time of recording the complaint,
- in the case of a verbal complaint communicated by telephone or using other electronic communication services, the unique identification number of the complaint.
The Seller is obliged to keep the record of the complaint and a copy of the response for five years and to present it to the inspection authorities upon their request.
In case of rejection of the complaint, the Seller is obliged to inform the Buyer in writing about which Authority or Conciliation board he can submit his complaint – according to its nature. The information must also include the headquarters, telephone and internet contact details, and mailing address of the competent Authority and the Conciliation Board at the Buyer’s place of residence. The information must also cover whether the Seller uses the Conciliation Board procedure in order to settle the consumer dispute.
- Conciliation Board, Consumer Protection, Legal enforcement in court:
The Seller hereby informs the Buyers that if the Buyer does not agree with the Seller’s response to his complaint, he may contact the following authorities:
To initiate a Conciliation Board procedure, the Buyer may apply to the Conciliation Board at the Buyer’s place of residence or to the Conciliation Board at the Seller’s headquarter:
The Budapest Conciliation Board operated by the Budapest Chamber of Commerce and Industry:
- Address: 1016 Budapest, Krisztina krt. 99. I. em. 111.
- Postal address: 1253 Budapest, Pf.:10.,
- Telephone number: +36-1-488-21-31
- E-mail address: email@example.com
The Conciliation Board is an independent body that operates alongside the county chambers of commerce and industry and the Budapest Chamber of Commerce and Industry. The purpose of their creation was to try to resolve the disputes between the Buyer and the Seller out of court, primarily to create an agreement between the two parties and thereby simply, quickly and effectively help the enforcement of consumer rights.
The condition for applying to the Conciliation Board is that the Buyer attempts to settle the dispute directly with the Seller. The procedure of the Conciliation Board is free, the Buyer may only be liable for payment if the Board decides against the Buyer.
The procedure of the Conciliation Board is initiated at the request of the Buyer. You can submit your requests in the following ways:
– Via post: 1253 Budapest, Pf.: 10.,
– Via e-mail: firstname.lastname@example.org;
– via website, https://bekeltet.bkik.hu/urlap/kerelem-online-benyujtasa
– also with the help of Ügyfélkapu
The request must include:
- the name, place of residence or location of the Buyer,
- the Seller’s name, headquarter or relevant location,
- Designating of the Board requested instead of the competent Conciliation Board,
- a brief description of the Buyer’s position, the facts supporting it and their evidence,
- the Buyer’s statement that the Buyer directly attempted to settle the dispute with the Seller,
- the Buyer’s statement regarding that no other Conciliation Board proceedings were initiated in the case, no mediation proceedings were initiated, no claim letter was submitted, and no application for the issuance of a payment order was submitted,
- the motion for the Board’s decision,
- the Buyer’s signature.
The document or its copy (extract) whose content the Buyer refers to as evidence must be attached to the request, in particular the Seller’s written statement about the rejection of the complaint, or, in the absence of this, other written evidence available to the Buyer about the attempted negotiation.
If the Buyer acts through an authorization, the power of attorney must be attached to the request.
If the Buyer notices a violation of his consumer rights, he is entitled to file a complaint with the Consumer Protection Authority responsible for his place of residence. After evaluating the complaint, the Authority decides on the conduct of the consumer protection procedure. The first-level official tasks for consumer protection are performed by district offices competent according to the consumer’s place of residence, a list of them can be found here: http://jarasinfo.gov.hu/
The Buyer is entitled to assert his claim arising from a consumer dispute in court in civil proceedings in accordance with the provisions of Act V. of 2013. on the Civil Code and Act CXXX. of 2016. on the Civil Procedure Code.
- Miscellaneous and final provisions:
The Buyer’s ordering from the website assumes that the Buyer has technical and legal knowledge of electronic commerce. The Seller assumes no responsibility for errors that can be attributed to IT and telecommunications service providers (such as the Internet service provider) or to the lack of this knowledge or to errors in electronic products.
The Buyer is responsible for protecting his computer and the data on it.
If a binding legal provision or a court decision limits or invalidates any provision of the current General Terms and Conditions, this does not affect the validity of the other provisions of the current General Terms and Conditions.
The Hungarian Civil Code and other relevant legal provisions govern matters not regulated in the current General Terms and Conditions.
- Most important, relevant legislation:
In particular, the following legislation applies to the contract between the parties:
- of 1997. Act on consumer protection;
- of 2001. Act on certain issues of electronic commercial services and services related to the information society;
- Act V. of 2013. on the Civil Code;
- 151/2003. (IX. 22.) Government decree on the mandatory guarantee for certain consumer durables;
- 45/2014. (II.26) Government decree on the detailed rules of contracts between the consumer and the business;
- 19/2014. (IV. 29.) decree of the Ministry for National Economy on the procedural rules for dealing with warranty and guarantee claims for things sold under a contract between a consumer and a business.
The current General Terms and Conditions apply to orders and contracts created after their entry into effect.
Dated: Budapest, March 3, 2022.