GENERAL TERMS AND CONDITIONS OF CONTRACT
v2.0. – Effective: 2026.01.01
SECTION I
- Business details
Name: PÁLINKA COMPANY LTD.
Headquarters: 1146 Budapest, Abonyi u. 27. afszt. 2.
Postal address: Ua.
Location: 1068 Bp. Király u. 20.
Email address: [email protected]
Telephone number/Fax number: 06202631386
Tax number: 26131012-2-42 / Community tax number: HU26131012
Registration authority: Commercial Court of the Metropolitan Court
Company registration number: 01-09-303534
(hereinafter referred to as: Pálinka Experience)
- Hosting provider details:
Name: Sybell Informatics Ltd.
Company name: Sybell Informatics Ltd.
Headquarters: 1138 Budapest, Tomori Street 34, 2nd floor
Contact: https://sybell.hu/ugyfelszolgalat/
SECTION II
SUBJECT OF THE CONTRACT
- These General Terms and Conditions (hereinafter: GTC) govern the individual contract (hereinafter: Individual Contract) concluded between the enterprise specified in Section I (hereinafter: Pálinka Experience, or enterprise) and a natural person acting outside the scope of his profession, independent occupation or business activity (hereinafter: the consumer; Pálinka Experience and the consumer are hereinafter referred to collectively as: Parties) and the rights and obligations of the Parties arising from the Individual Contract.
- The GTC becomes part of the Individual Contract.
- Based on the Individual Contract, the Pálinka Experience is purchased by the consumer
on the Website (accessible at: palinkabudapest.com; hereinafter referred to as: the Website)
for the sale of a selected ticket or product (hereinafter collectively referred to as: Product), and the consumer is obliged to pay the consideration (hereinafter referred to as: Price).
- Pálinka Experience provides the Product with the features described on the Website. The consumer pays for the Product at the Price indicated on the Website at the time of the order, taking into account the rules regarding the indication of an incorrect Price. The consumer is not obliged to pay any additional consideration due to a price change between the time of the order and the time of the Product.
SECTION III
CONTRACTUAL TERMS AND CONDITIONS – TICKETS
- The provisions of this Section apply if the consumer purchases an Admission Ticket through the Website. Admission Ticket: any document entitling to entry to the Pálinka Experience, regardless of whether it entitles to on-site consumption or not.
- In this case, the order will be confirmed to the consumer immediately, automatically and electronically – by email. The confirmation will include the consumer's Admission Ticket, which must be presented at the location and time specified in the confirmation, either printed out or on an electronic device (e.g. telephone).
- The consumer is entitled to participate in the Program that can be visited with the Ticket once. The consumer may order the Ticket for someone else and transfer it to someone else with prior notification to Pálinka Experience. However, Pálinka Experience does not assume liability for any damages arising from the fact that the Ticket sent to the consumer becomes known to another person due to reasons arising from the consumer's side (for example, an incorrectly entered email address, loss or theft of the consumer's phone), including if it is used (redeemed).
- The Ticket ordered by the consumer can be used (redeemed) at any time within a period of one year after its purchase. The consumer may withdraw from the purchase within 14 days after the purchase. However, if the redemption takes place within a year after the purchase, in this case the consumer shall not be obliged to pay any additional consideration in the event of a possible price change. The Ticket can also be redeemed beyond the one-year period, in which case the difference between the price in effect at the time of redemption and the consideration paid at the time of purchase shall be borne by the consumer, and shall be paid on site at the latest before entry.
- The consumer must present the Ticket received in the confirmation at the location indicated in the confirmation. By redeeming it, the consumer gives Pálinka Experience their express, prior consent to begin the performance and acknowledges that after the entire service has been performed, they lose their right of termination pursuant to Section 29 (1) a) of Government Decree 45/2014. (II. 26.). Therefore, Pálinka Experience is not able to redeem the purchased Ticket or refund the Price in this case.
- The consumer may be excluded from the Program without being entitled to a refund if their behavior jeopardizes the safe conduct of the Program, violates the participation rules (which are located on the back of the Admission Ticket), or disturbs other guests.
- Pálinka Experience is entitled and obliged to verify the age of the consumer. The consumer is refused service of alcoholic beverages until he/she has proven his/her age in a credible manner. A person under the age of eighteen may participate in the Program without being served alcoholic beverages. A drunk or intoxicated person may be excluded from participation in the Program or may be refused service.
Cancellation or change of the Program
- 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 personally subject to epidemiological restrictions), or the Program that may have been ordered is cancelled or its dates have been previously booked, the Pálinka Experience will offer the consumer another date at which the consumer can participate in the Program. If the consumer does not accept the offered date, the paid consideration will be returned to the consumer.
- If there is a significant change in the Program compared to the conditions described at the time of the order, Pálinka Experience will inform the consumer, simultaneously offering to modify the contract or providing the consumer with the right of withdrawal.
- If the product purchased by the consumer is discontinued between the time of purchase and the time of redemption, Pálinka Experience may offer any product as a replacement, the price of which at the time of the planned redemption reaches the price of the previously purchased product. The consumer is not obliged to accept this, in which case the price paid shall be refunded. However, apart from offering the replacement product and refunding the price, Pálinka Experience shall not be liable for any other obligation (in particular compensation, indemnity, penalty).
SECTION IV
CONTRACTUAL TERMS AND CONDITIONS – PRODUCTS
- The provisions of this Section apply if the consumer purchases a Product through the Website. Product for the purposes of this Section – and notwithstanding its meaning otherwise used in these GTC – means movable property purchased by the consumer, in particular souvenirs, or brandy, spirits or other alcoholic beverages.
- In the event of a product purchase, the Product will be delivered by the service provider to the address provided by the consumer. The terms of delivery (notification, receipt, deadline) are determined by the service provider's current Business Terms and Conditions.
- Pálinka Experience does not undertake the delivery of products outside of Hungary and does not act as a mail-order merchant within the meaning of the Excise Tax Act.
- The consumer in case of purchasing a Product
- a) you have a 14-day right of withdrawal, which you can exercise in particular according to the sample information included in Annex 1 to these GTC, using the tool attached to the email sent to the consumer or in another clear way,
- b) are entitled to the warranty rights according to the model information specified in Annex 2 of these GTC.
- In the event of exercising the right of withdrawal pursuant to paragraph 4, point a), the consumer shall bear the direct cost of returning the Product.
- The consumer may not exercise his right of withdrawal if:
- a) the Product is food,
- b) the Product is broken.
- If the ordered Product is not available upon receipt of the order and cannot be obtained, 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. Furthermore, Pálinka Experience is not subject to any other obligations (in particular compensation, indemnity, penalty).
SECTION V
TECHNICAL STEPS OF CONTRACTING
- During the conclusion of the contract, the consumer can browse the Website and place the Products he or she has selected in the so-called "Cart" - without any registration or payment obligation.
- The Cart contains the Products selected by the consumer. Its content can be freely modified until the “Payment” button is clicked. Until the “Payment” button is clicked, the Individual Contract is not concluded, i.e. the parties are not obligated to perform towards each other, i.e. the consumer is free to decide not to conclude the contract until this moment. Pressing the “Payment” button is possible if the consumer has previously accepted the general terms and conditions and provided the following data:
- a) name,
- b) email address,
- c) address,
- d) shipping address, if necessary and different from the residential address.
- By clicking on the “Payment” button, the consumer orders the Products in the Cart. The total amount to be paid by the consumer can be viewed in the Cart contents. By clicking on the “Payment” button, the consumer simultaneously accepts the terms of the Individual Contract and acknowledges the provisions of these GTC as binding on him.
- Before the consumer makes a payment, the Website offers him/her the opportunity to check and modify the data provided in accordance with paragraph 2 (detection and correction of data entry errors).
- Payment is made in the payment service provider's system in the manner chosen by the consumer. Pálinka Experience does not have access to the data provided in this way. Pálinka Experience does not assume responsibility for any errors that may occur during payment.
- After payment has been made, Pálinka Experience will electronically and automatically, practically immediately, confirm the order to the consumer. If this does not happen, Pálinka Experience will confirm the order to the consumer within 48 hours in accordance with the relevant rules
RECOGNIZING AND CORRECTING DATA ENTRY ERRORS
- Data entry errors can be reliably detected and corrected using appropriate, effective and accessible technical means in accordance with paragraphs 2 and 4 of this section.
SECTION VI
DATA MANAGEMENT
- By placing an order, the consumer also declares that the information provided is true and correct, and that he/she is over 18 years of age and his/her capacity to act is not excluded or limited for the group of matters to which the order of the Products belongs. Pálinka Experience excludes liability for the consequences of the untruthfulness of the information provided by the consumer.
- Pálinka Experience may process the personal identification data and address necessary for the identification of the consumer for the purpose of creating a contract for the provision of the Product, defining its content, modifying it, monitoring its performance, invoicing the fees arising from it, and enforcing related claims.
- Pálinka Experience may process personal identification data, address, and data related to the use of the Product for the purpose of invoicing fees arising from the contract for the provision of the Product, as well as data regarding the time, duration, and place of use.
- Pálinka Experience - in addition to what is set out in subparagraph 2 - may process personal data that is technically essential for the provision of the Product for the purpose of providing the service.
- When ordering a delivery, Pálinka Experience forwards the data necessary for the delivery to the delivery contractor.
REGISTRATION
- The consumer may register on the Website. However, he/she is not obliged to do so, and registration is not a condition for concluding Individual Contracts.
- During the registration process, the consumer provides their data, which Pálinka Experience processes in accordance with the relevant Data Protection Notice. By registering, the consumer is exempted from having to provide their data anew each time.
- Pálinka Experience may make special offers for registered users.
SECTION VII
INFORMATION
- Information according to Government Decree 45/2014. (II. 26.)
- a) The essential features of the Product are available in the Product description, which is constantly available on the Website and which the consumer can read without registration or other restrictions.
- b) The name of the company is found in section I (Company details).
- c) The company's address, postal address, email address, telephone and fax numbers can be found in section I. (Company details).
- d) The business address of the company is given in Section I (Company Details).
- e) The total amount of consideration for the product or service, including tax, is generally available on the Website and is individually displayed to the consumer as the total price of the Products placed in the basket pursuant to Section V, paragraph 3. At the same time, the total cost of delivery is also displayed and is finalized at the same time as the purchase is finalized.
- f) No contract for an indefinite period or involving a subscription may be concluded on the Website.
- g) To conclude the contract, the consumer uses his own communication device (telephone, laptop, tablet, PC, etc.) based on his individual subscription. The company does not apply any surcharges.
- h) The deadline for performance is the date of the program chosen by the consumer, in the case of product delivery, the deadline for delivery, which may fluctuate for logistical reasons, but no unreasonable delay should be expected. Payment takes place in the system of the financial service providers contracted with the enterprise, under the conditions specified by them. The consumer may submit a complaint to the email address specified in point n), customer service, or in accordance with points av) and w).
- i) The conditions for the right of withdrawal are contained in Section III. Paragraph 4 of these GTC.
- j) The company does not sell any products on the Website for which returns would be applicable.
- k) Information regarding termination after the start of the service is contained in Section III. Paragraph 5 of these GTC.
- l) Information regarding the consumer's right of withdrawal is contained in Annex 1 to these GTC.
- m) The sample information on the warranty of accessories and product warranty is contained in Annex 2 to these GTC.
- n) The company maintains customer service, which is available at the email address and telephone number listed in Section I (Company Data).
The company is not legally obligated to provide a warranty and does not assume any warranty.
- o) There is no code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.
- p) The contract is not converted into an indefinite term contract, the contract terminates upon performance.
- q) [Point no longer in force in the regulation.]
- r) The consumer is obliged to pay the price of the Product, which is made by making a payment on the Website (or in the financial service provider's system).
- 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 appropriately encrypted.
- v) Consumers can contact the regionally competent district office with their complaints.
- w) The consumer may turn to a conciliation body. The conciliation body is responsible for the out-of-court settlement of consumer disputes. The conciliation body is responsible for attempting to reach an agreement between the parties for the purpose of settling the consumer dispute; if this is unsuccessful, it shall make a decision on the matter in order to ensure the simple, rapid, efficient and cost-effective enforcement of consumer rights. At the request of the consumer or the enterprise, the conciliation body shall provide advice on the rights and obligations of the consumer. Name of the conciliation body competent according to the registered office of the enterprise:
Budapest Conciliation Board
1016 Budapest, Krisztina krt. 99. 3rd floor. 310.
Mailing address: 1253 Budapest, P.O. Box: 10.
- Information pursuant to Section 6:82. (1) of the Civil Code
- a) The technical steps of concluding a contract are described in Section V.
- b) The Agreement is not considered a written contract.
The company shall enter into the Contract by reserving the seat for the consumer on the selected Product, issuing the Ticket to the consumer, and forwarding the delivery details to the carrier. These details will be available later.
- c) Identification and correction of data entry errors is ensured in accordance with Section V, Paragraph 7.
- d) This Agreement is made in Hungarian. The English translation of this Agreement is for informational purposes only.
- e) The activity is not subject to a code of conduct.
- Information pursuant to Section 5 (2) of the Ekertv
- a) The enterprise complies with the information requirements of Section 5 (2) of the Ekertv. by virtue of paragraph 2 of this section.
SECTION VIII
LIMITATION OF LIABILITY
- Pálinka Experience excludes liability for any damage that:
- a) arises from the consumer's failure to comply with the applicable laws and regulations concerning the Product,
- b) results from the consumer being intoxicated or intoxicated,
- c) arises from a sensitivity (e.g. food sensitivity, allergy, etc.) that the consumer did not indicate in advance,
- d) arises from the consumer's special expectations (e.g. anniversary, birthday, proposal, honeymoon), i.e. Pálinka Experience is liable for the damages and must meet the warranty claims that the average consumer using the Product can generally expect in the given case,
- e) the reason is the conduct of a third party that Pálinka Experience could not have foreseen even with reasonable expectations,
- f) falls outside the general course of providing the Products, i.e. which Pálinka Experience, as the provider of the Products, cannot reasonably foresee.
- Pálinka Experience excludes its liability in all cases where its contractual performance fails due to an unavoidable external cause (in particular, but not exclusively, flood, other natural disaster, war, riot, mass demonstration, strike, administrative decision, change in legislation, and epidemic control measures - whether they appear in the form of legislation or based on individual official acts). In such cases, Pálinka Experience has no other obligation than offering an additional day open for the visit or refunding the Price.
- Pálinka Experience is entitled to use subcontractors and collaborators. It is responsible for their services as if it had acted itself.
- In the event of any damage, where this is permitted by law, Pálinka Experience limits its liability to twice the Price of the Product. For the purposes of this paragraph, Product shall mean the Product in relation to which the damage occurred, and not all Products (the contents of the Basket) that the consumer may have purchased; For the purposes of this paragraph, Price shall mean the consideration paid by an injured consumer.
- If the Price is clearly incorrect on the Website, Pálinka Experience
- a) the original Seller is entitled to supply the Product and may call on the consumer to reimburse the difference, or
- b) may withdraw from concluding the Contract.
The consumer is also entitled to withdraw from the Contract instead of receiving a refund of the difference.
In case of dispute, the original Price is the price previously listed on the Website or the Price displayed in Pálinka Experience's printed materials or at its resellers.
SECTION IX
TRADEMARKS
- The images, logos and texts on the Website are registered trademarks, copyrights or other intellectual property of Pálinka Experience or the rights holders. The consumer does not acquire any right to use them by concluding the Contract.
SECTION X
INVOICING
- 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 within a short time after payment. For this, Pálinka Experience uses the számmázz.hu system and an API (application programming interface) connection
- The consideration invoiced by Pálinka Experience, i.e. the amount payable to Pálinka Experience, may include an intermediated service, i.e. a service resold (re-invoiced) in part or in whole but in an unchanged form, i.e. Pálinka Experience sells not only its own service, but also the service it has purchased in an unchanged form, but not necessarily at an unchanged price.
- With regard to the place of implementation of the Program on the one hand, and the place of departure of the delivery of Products shipped to consumers in the case of sales that do not qualify as intra-Community distance sales, the rules of the Hungarian VAT Act shall apply to invoicing under this Section (and also to the entire taxable transaction).
SECTION XI
INTERPRETATIVE PROVISIONS
- These interpretative provisions, together with those specified elsewhere in the GTC, constitute the governing meaning of the interpreted term:
- a) consumer: a natural person acting outside their trade, profession or business activity
- b) enterprise: the enterprise defined in Section I, unless referred to as Pálinka Experience
- c) Contract: unless otherwise referred to as an Individual Contract, an individual agreement between the consumer and Pálinka Experience for the provision of a specific Product, of which these GTC also form a part.
- d) the Website: palinkabudapest.com, as well as the domain names that redirect you here
- Referenced legislation:
- a) Infotv.: Act CXII of 2011 on the right to informational self-determination and freedom of information
- b) Ekertv.: Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society
- c) VAT Act: Act CXXVII of 2007 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 natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
- Otherwise, the terms used in the GTC and, if applicable, the Individual Contract shall be interpreted according to their general meaning.
- The titles given to the sections of these GTC are for ease of understanding and clarity and have no effect on the content of the sections.
SECTION XII
FINAL PROVISIONS
- These GTC are continuously available on the Website for the consumer to store and recall.
- In the event of any point of these GTC being invalid or ineffective, it shall be deemed as if the Parties had concluded it without the invalid or ineffective part, if this corresponds to the presumed will of the Parties.
- The Individual Contract concluded between the Enterprise and the Consumer is governed by these General Terms and Conditions, and by Hungarian law for issues not regulated in the Individual Contract and the General Terms and Conditions. This provision contains a choice of law clause.
- These GTC shall enter into force on 01.02.2022.
- These GTC may be amended by Pálinka Experience, with effect for Individual Contracts concluded after the amendment enters into force. The earliest date of entry into force is the day following the publication of the amended provisions on the Website.
Annex 1
Withdrawal/Termination Statement Sample
(fill in and return only if you intend to withdraw from the contract)
Addressee: PÁLINKA COMPANY LTD.
I/we, the undersigned, 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 contract conclusion/date of receipt: *
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s): (only in case of a declaration made on paper)
Date
Annex 2
Sample information on warranty, product warranty and guarantee
- Warranty
In what cases can you exercise your right to a warranty?
In the event of defective performance of ..., you may assert a warranty claim against the company in accordance with the provisions of the Civil Code.
What rights do you have based on your warranty claim?
You may, at your choice, make the following warranty claims:
You may request repair or replacement, unless the fulfillment of the claim you have chosen from these is impossible or would entail disproportionate additional costs for the company compared to the fulfillment of your other claim. If you did not or could not request repair or replacement, you may request a proportionate reduction in the consideration or you may repair the defect yourself at the company's expense or have it repaired by someone else or - as a last resort - you may withdraw from the contract.
You may switch from your chosen warranty right to another, but you will bear the cost of the switch, unless it was justified or the business gave a reason for it.
Within what deadline can you assert your warranty claim?
You are obliged to report the defect immediately after its discovery, but no later than within two months of its discovery. However, I would like to draw your attention to the fact that you cannot enforce your warranty rights beyond the two-year limitation period from the performance of the contract. In the case of used goods, this period is…, but no more than one year.
Against whom can you assert your warranty claim?
You can assert your warranty claim against the company.
What other conditions are there for enforcing your warranty rights?
Within six months of delivery, there is no other condition for asserting your warranty claim than communicating the defect, if you prove that the product or service was provided by the company ..... However, after six months from delivery, you are obliged to prove that the defect you have identified already existed at the time of delivery.
