These General Terms and Conditions (hereinafter: ’GTC’) stipulate the terms and conditions of the
contract for food home delivery concluded by and between Barnabáspék Kft (hereinafter the
’Company’) and the buyer ordering the product (hereinafter referred to as the ’Buyer’) (Company
and Buyer hereinafter collectively referred to as the ’Parties’) by using the www.kuglof.hu website
(hereinafter: ’Website’) The operation of the Website constitutes an electronic commerce service.
Company Details:
Company name Barnabáspék Kft
Registered seat 1052 Budapest, Piarista köz 1.
Place of business 1052 Budapest, Piarista köz 1.
Company registration number 01-09-932664
Phone number 06 (30) 948 1805
Email info@kuglof.hu
Website kuglof.hu
I. Steps of Concluding the Contract
1) The process of concluding a contract begins with opening the Website. The use of the
Website is free of charge.
2) The Buyer may order the products included in the product range of the Website from the
Company.
3) In addition to each product the gross price of the product is indicated on the Website, which
shall be considered the final consumer price.
4) The Company reserves the right to change the prices of the products on the Website,
provided that the price change applies at the same time it appears on the Website. The price
change does not affect the price of products already ordered on the Website before the
entry into force.
5) If, despite all the diligence of the Company, an incorrect price is indicated on the Website, in
particular an obviously incorrect price, e.g. a price of a product significantly different from
the well-known, generally accepted or estimated price of the given product, or a price of HUF
0 or HUF 1 is indicated due to a system error, the Company is not obliged to deliver the
product ordered at this price to the Buyer. The Company may, however, offer the delivery to
the Buyer at the correct price. The Buyer may cancel the purchase, or he/she may purchase
the product at this price within 14 (fourteen) days of being informed of the correct price.
6) The Buyer can select the products to be purchased by clicking on the “Add to Cart” button.
7) The Buyer can review his order on the “Cart” subpage and select the method of delivery. On
the subpage, the Buyer receives information about the gross amount of the products to be
ordered and its tax content.
8) The Buyer shall provide the delivery and invoicing data necessary for the performance of the
contract on the “Checkout” sub-page, and there he/she can choose the method of payment,
the time and method of delivery of the products.
9) The Buyer may decide to create a user account to simplify the conclusion of a later contract
on the “Checkout” sub-page. Creation of a user account is not required to place an order,
and the Buyer can delete it at any time. In this case, the data related to the Buyer will be
deleted by the Company.
10) To conclude a contract, the Buyer shall accept the GTC and the data protection notice of the
Company.
11) The Company shall send a confirmation to the email address provided by the Buyer
immediately after the order placed by the Buyer in accordance with these GTC. The
confirmation email includes the name, number and purchase price of the products ordered
by the Buyer, the method and costs of delivery, the method of payment and the amount to
be paid, the time of receipt, billing and delivery information, email address and telephone
number and comments provided by the Buyer.
12) The Company issues a VAT invoice if the Buyer so requests.
13) The contract shall not be considered a written contract. The Company stores the data of the
order, which equal the data indicated in the confirmation email sent to the Buyer. The Buyer
may change the content and details of the shopping cart and as the conditions of delivery at
any time before finalizing the order.
14) The Website is available in Hungarian and English. The language of the contract is Hungarian
or English based on the language setting applied by the Buyer when finalizing the order on
the Website. The Buyer will receive the confirmations and acknowledgments specified in the
GTC in the language of the contract.
II. Ordering Products, Time of Performance
1) The Buyer may place an order for any product available for purchase on the Website any day
of the week.
2) The delivery of the products shall be done as follows (in case of ordering products from
different categories, the latest delivery date or time shall apply):
a. the delivery date is the third day after the order;
3) The Company will deliver the ordered products to the Buyer at a pre-determined delivery
time. Delivery time:
a. Personal pick-up: Mo-Fr: 8am-4pm, Sa-Su: 9am-4pm
III.Method of Performance
1) The Buyer may pick-up the ordered products in person at the Company’s shop under 1052
Budapest, Piarista köz 1.
2) More information of the Company on delivery and receipt information is also available.
IV.Payment Terms
1) Payment options are the following:
a. personal pick-up: online credit card payment or bank transfer during the order, or
cash or credit card payment at the takeover.
2) If online credit card payment was selected, the Website will direct the Buyer to the payment
interface of Borgun (B-Payment Zrt., Registered office: 1132 Budapest, Váci út 4. 1. alb.),
where the Buyer can make the payment by entering the necessary data. After the successful
payment, the Buyer will receive a receipt for the transaction, with which he can prove the
payment if necessary.
V. Withdrawal, Termination
1) After delivery of the confirmation e-mail the Buyer does not have the right of withdrawal,
except for the products specifically mentioned in this chapter, given that the products
delivered by the Company are perishable or short-lasting or in sealed packaging which
cannot be returned delivery for reasons of hygiene.
2) The Buyer has the right to withdraw without justification within 14 (fourteen) days from the
receipt of the craft beers and craft wines (when ordering several products if the delivery of
each product takes place at a different time from the delivery of the last delivered product).
3) The Buyer may indicate his intention to withdraw by e-mail or in person to the e-mail address
provided by the Company in these GTC. The Buyer is not obliged to use the form, he/she may
exercise his/her right of withdrawal by any clear statement related to this matter.
4) In the event of a withdrawal hereto, the Company shall reimburse the full amount paid by
the Buyer including the costs incurred in connection with the performance. This amount will
be withheld by the Company until the products are return to the Company or the Buyer can
prove the return of the products beyond a reasonable doubt.
5) In the event of withdrawal, the Buyer shall return the products immediately but no later than
14 (fourteen) days from submission the withdrawal notice, or hand them over to the
Company. The possible cost of return is borne by the Buyer.
6) Since the products marked in this chapter retain their quality for a short time after opening,
the right of withdrawal under this chapter does not apply to the products opened by the
Buyer. Pursuant to this chapter, in the event of withdrawal, the Buyer is responsible for the
depreciation of the products after delivery, taking into account the nature of the product.
VI.Handling of Complaints
1) The Buyer may contact the Contractor at one of the following contact details in case of a
complaint or data entry error that may arise in connection with the order:
Address 1052 Budapest, Piarista köz 1.
Phone number 06 (30) 948 1805
Email info@kuglof.hu
2) The Company will immediately investigate and, if possible, remedy any complaint received
on the phone or via email that requires an immediate solution. Other cases will be
responded within 96 hours.
3) If the Buyer does not agree with the settlement of the complaint, or the deadline set for the
investigation of the complaint has elapsed without result, the Buyer may apply to the
following authorities and bodies:
Budapest Főváros Kormányhivatala
Fogyasztóvédelmi Főosztály
Address 1051 Budapest, Sas u. 19. III. em.
Phone number 06 (1) 450-2598
Email fogyved_kmf_budapest@nfh.hu
Budapesti Békéltető Testület
Address 1016 Budapest, Krisztina krt. 99.
Post address 1253 Budapest, Pf.: 10.
Phone number 06 (1) 488-2131
Email bekelteto.testulet@bkik.hu
4) If it is not possible to settle the dispute by using one of the dispute resolution methods
described in this section or by other negotiated means, the Parties stipulate the jurisdiction
of the competent Hungarian courts.
VII.Warranty
1) The Company informs the Buyer that the obligor performs incorrectly if the service does not
meet the quality requirements established in the contract or legislation at the time of
performance. The debtor will not perform erroneously if the claimant was aware of the error
at the time of concluding the contract or should have been aware of the error at the time of
concluding the contract.
2) Under a contract in which the parties have reciprocal services, the debtor is liable for
defective performance. The Buyer may request a repair or replacement on the basis of its
warranty for supplies, unless it is impossible to meet the demand of its choice or it would
entail a disproportionate additional cost for the Company compared to the fulfilment of its
other demand.
3) If the Buyer has not requested or could not request the repair or replacement, he may
request a proportionate decrease of the consideration or he may correct the defect at the
Company’s expense or have it repaired by another person, or, in the final case, withdraw
from the contract. The Buyer may change the chosen warranty right to another, however,
the cost of the change shall be borne by the Buyer, unless it was justified, or it was caused by
the Company. The Buyer may change the chosen right of warranty of the supplies to another,
however, he/she shall bear the costs of the change, unless it was justified, or it was caused
by the Company. The Buyer shall report the defect immediately after its discovery.
4) In the event of a defective product, the Buyer may, instead of the right of warranty, exercise
a claim for product warranty. As a product warranty claim, the Buyer may request the repair
or replacement of the defective product. In the event of a product warranty claim, the
Company is released from its liability if it can prove that the product was not manufactured
or marketed in the course of its business, or that the defect was not recognizable at the time
of placing on the market according to the state of science and technology; or the defect
results from application of a legal provision or a mandatory official requirement.
5) The Company shall not provide the Buyer with any guarantee.
VIII. Other provisions
1) The Company is not subject to the provisions of any code of conduct.
2) The Company excludes its liability for delays or other problems, errors and damages resulting
from erroneous and/or inaccurate data provided by the Buyer, regardless of foreseeability.
3) The Company is entitled to unilaterally amend the terms and conditions of these GTC at any
time. The change will take effect at the same time as it appears on the Website.
4) The descriptions and instructions of the products available on the Website shall govern the
use of those but the Company shall not be liable for any differences arising from the specific
conditions of use.
5) The Company shall not be liable for any direct or indirect damages resulting from the bad
faith use of the Website or the unavailability of the Internet Service Provider. The Company
shall not be liable for technical failures such as electrical or computer power outages. The
Company shall not be liable for damages due to the destruction, delay or other error of
messages and orders transmitted in electronic form for reasons beyond the Company’s
control.
6) If any part of these GTC becomes invalid, illegal or unenforceable, it does not affect the
validity, legality and enforceability of the remaining parts.
7) In matters not expressly settled in these GTC, the provisions of Hungarian law shall prevail.
8) By placing an order, the Buyer declares that he accepts the provisions of these GTC and
acknowledges that they are binding on him.
