GENERAL TERMS AND CONDITIONS

These General Terms and Conditions of Service (“GTC”) shall stipulate the terms and conditions of use and operation applicable to the website operated by the SCHUCH GOURMAND Vendéglátó Korlátolt Felelősségű Társaság 1051 Budapest, Vigadó tér 3.; Tax No.: 12335639-2-41) as service provider (“Service Provider”). Avail yourself of any services offered by us provided that you agree and commit yourself to and be bound by all the provisions stipulated herein. This document is not filed. It is executed exclusively in an electronic form (it does not constitute a written document) and no reference is made therein to any Code of Conduct.

1 Particulars of the Operating Entity:
Name: SCHUCH GOURMAND Vendéglátó Korlátolt Felelősségű Társaság
Registered office: 1051 Budapest, Vigadó tér 3.
Company Registration Number: 01-09-283294
Tax No.: 12335639-2-41
Represented by: Mrs. Balogh Péterné, Managing Director
E-mail: info@dunacorso.hu
Website: www.dunacorso.hu
Web host details:
Name: UNIQUE IMG Bt.
Registered office: 9932 Viszák, Fő út 56.
Contact: h.adrian@ysolutions.hu
Company Registration Number: 18-06-104378

2 Fundamental Provisions
2.1 References to Regulations
Contracts made on the grounds of this GTC shall be governed by the laws of Hungary.
2.2 Amendment of the GTC
2.2.1 The Service Provider shall be entitled to unilaterally alter or amend the GTC at any time. The Service Provider shall be obliged to announce on the Website the fact of amending the GTC at least fifteen (15) days prior to the implementation.
2.2.2 The Customer shall be responsible for getting familiarized with the amended provisions and to become informed timely on any possible amendments.
2.2.3 Any alteration to the General Terms and Conditions (GTC) shall apply to all and any previously established but not yet fulfilled or terminated legal relationships between the Service Provider and the Customer, and any existing legal relationship shall be amended accordingly, provided that the Customer has accepted the amendment. Amendment to the General Terms and Conditions (GTC) shall be considered accepted by the Customer, and the legal relationship between the Service Provider and the Customer shall accordingly be modified as of the date of the amendment, provided that the Customer continues to use the Service after the amendment becomes effective.
2.2.4 Should the Customer, with a written express statement addressed to the Service Provider, refuse to accept the planned alteration before the effective date, the Service Provider shall be entitled to unilaterally terminate the legal relationship between the parties with immediate effect by deleting the Customer's order or to maintain the legal relationship with an unaltered scope conforming to that specified in the General Terms and Conditions before the amendment.
2.2.5 The GTC is publicly available on the Website.
2.3 The Service Provider shall reserve all rights regarding the website, as regards the parts, the content, and the dissemination thereof. It is prohibited to download, electronically store, process, or sell the content of the website or any of its parts unless prior consent to do so is obtained from the Service Provider.
2.4 Scope and Acceptance of GTC: The content of the contract made between us is determined by these General Terms and Conditions (hereinafter: GTC),  in addition to the provisions of the relevant mandatory laws. Accordingly, these GTC stipulate the rights and obligations of You as a customer and the Service Provider, the conditions for executing a contract, deadlines for performance, terms of delivery and payment, liability rules, and the conditions for exercising the right of termination or cancellation.
Technical information, indispensable for the use of the Website but not stipulated in these GTC, is provided on the Website.
You are obliged to familiarize yourself with the provisions of these GTC before placing your order. By purchasing from our webshop, you accept the provisions of these GTC, and the GTC shall form an integral part of the contract between You and the Service Provider.

3 Range of Products and Services Available for Purchase:
Gift Vouchers (HUF25,000 and HUF50,000 ) and New Year's Eve dinner.
Information about the essential characteristics of the products is provided in the description relevant to a specific product on the website.
3.1 Correction of Data Entry Errors - Responsibility for the Accuracy of Provided Data
In the course of the entire ordering process, you have the opportunity to modify the data you have entered before finalizing the order (by clicking the back button in the browser, the previous page opens, allowing you to correct the entered data even if you have already moved to the next page). Please note that it is your responsibility to ensure that the data you provide is entered accurately, as the product will be invoiced and delivered based on the data you provide. By placing your order, you acknowledge that the Service Provider is entitled to pass on to you all damages and costs arising from incorrect data entry or inaccurately provided data. The Service Provider assumes no liability for performance based on inaccurate data entry. Please note that an incorrectly provided email address or when the full capacity of the mailbox is used the delivery of the confirmation may be thwarted and eventually the contract may fail.

4 Purchasing and Ordering Process
When on the website, by clicking on each product, you can find its description, price, and, where applicable, the terms of its use. In case of purchase, you are required to pay the price listed on the website. Images of the products are illustrative and are for informational purposes only. 
After selecting a Product, you can place any number of products into the Cart by clicking the "Add to Cart" button, without incurring any obligation to purchase or pay, as placing items in the cart does not constitute a purchase offer.
Please note that we are not responsible for any typographical errors or incorrect data.
During the purchase, you must also provide the necessary data for the purchase, such as your name/company name, billing and delivery details, email address, and telephone number. Before finalizing the purchase, it is also indispensable to accept both the general terms and conditions and the data protection information provided. The system confirms the purchase via email. By providing the email address, a user shall consent to the operator/service provider sending technical messages related to the purchase.
During the use of the website, you can check the contents of the cart at any time by clicking on the "Cart" icon at the top of the page. Here, you have the option to remove any of the selected products from the cart or just change the quantity of any product already in the cart.
If you do not wish to continue shopping for other goods, you can complete the purchase by pressing the "Proceed to Checkout" button.
After pressing the "Proceed to Checkout" button, you can fill in the above-described data necessary for the purchase. On this page, you can also choose from the delivery methods, which are "Personal Pickup at the Restaurant" and "Home Delivery," the latter costing HUF 500.
After filling in the above text boxes, you can continue the ordering process by clicking the "Order" button. Upon clicking the "Order" button, you will be taken to the “Complete your Order" page. Here, you can see a summary of the data you previously provided, including the products in your Cart, the billing and delivery information, the preferred delivery method, and the total amount due.
4.1 Finalizing the order (making an offer):
Should you have made sure that the products in your cart match those you wish to order and your data is correctly entered, then after accepting the data protection information and the general terms and conditions, you can finalize your order by clicking the "Order" button. No information published on the website shall constitute an offer by the Service Provider to enter into a contract. In the case of orders made under the scope of these General Terms and Conditions, you shall be considered the offeror.
By pressing the "Order" button, you expressly acknowledge that your offer shall be considered made and such a statement on your side entails a payment obligation. Your offer shall be binding upon you for a period of 48 hours. Should the Service Provider fail to confirm your offer within 48 hours pursuant to these general terms and conditions, you shall become exempt from any obligation your offer may imply.

5 Order processing, execution of the contract
You have the opportunity to place an order at any time. The Service Provider shall confirm your offer via email within 48 hours at the latest after your offer is received. The contract shall be made when the confirmation email sent by the Service Provider becomes accessible to you in your email system.

6 Methods of payment for the ordered product and the delivery fee
6.1 Method of payment for the ordered product
Products purchased in the webshop shall be paid online by credit card. Credit card payments are possible for owners of valid and effective credit cards indicated in the SimplePay system.
The total sum payable shall include all costs based on the order summary and confirmation letter. The invoice is sent in the email enclosed. Please inspect the package upon delivery in the presence of the courier, and in case of any damage or missing items, request the recording of a report and refuse to accept the package. We are unable to accept subsequent complaints made without a recorded report.
6.2 Delivery methods and pricing
The delivery is carried out by the Hungarian Post.
Delivery fees:
The Service Provider delivers products only within Hungary and Europe. Within Hungary, the delivery fee shall be HUF 500, while within Europe it shall be HUF 2,000.
Personal Pickup: You can personally pick up the purchased products at the following location: Dunacorso Restaurant - 1051 Budapest, Vigadó tér 3.
Date of Delivery:
5 working days from the date when the order is confirmed.

7 Right of Cancellation
Consumer information in accordance with Government Decree 45/2014 (II. 26.):
7.1 Information on consumer’s right of cancellation as a customer
Pursuant to Section 8:1. § 1. paragraph 3 of the Civil Code a consumer is considered a natural person acting beyond the scope of his profession, independent occupation, or business activity, thus legal entities cannot exercise the right of cancellation without reasoning.
The consumer shall be entitled in accordance with  Section 20 of Government Decree 45/2014. (II.26.) to the right of cancellation without the obligation to reason. The consumer can exercise the right of cancellation in the case of a contract
a) for the sale of goods,
b) for the product,
c) for the purchase of more than one goods, where the delivery of each product occurs at different times, from the date of receipt of the last delivered product
by the consumer or a third party designated by them, other than the carrier, within a deadline which is 14 days.
The provisions of this section shall not affect the consumer's right to exercise the right of cancellation defined in this section both during the period between the date of contract conclusion and the date when the product is received.
If the consumer made an offer for the conclusion of the contract, the consumer shall also be entitled to the right to withdraw the offer before the conclusion of the contract, with the intent to terminate the obligation extending to the offer and eventually the conclusion of the contract.
7.2 Cancellation statement, exercise of the consumer's right of cancellation  or termination
The consumer shall be entitled to the right of cancellation in accordance with Section 20 of Government Decree 45/2014. (II. 26.) by making the relevant express and clear statement.
You are requested to return the cancellation statement and the product to the following address:
Dunacorso Restaurant - 1051 Budapest, Vigadó tér 3.
7.3 Validity of the Consumer's Cancellation Statement
The right of cancellation is considered to be exercised within the deadline if the consumer sends the statement within this set period. The deadline shall be 14 days.
The consumer shall make sure to have exercised the right of cancellation in accordance with this provision.
The Service Provider shall be obliged to immediately confirm the consumer's cancellation statement on an electronic data carrier upon receipt of the same, provided that the right of cancellation is also ensured to the consumer on the website.
7.4 If you wish to exercise your right of termination/cancellation, you must send a clear and express statement of your intention to terminate/cancel (for example, by mail or electronically) to the following address: Dunacorso Restaurant - 1051 Budapest, Vigadó tér 3. You exercise your right of termination/cancellation within the deadline if you send your termination/cancellation statement before the expiry of the specified deadline. Effects of termination/cancellation: Should you terminate the contract, the Service Provider shall refund any consideration already performed, including the payment of delivery costs (except for any additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and in any event within maximum 30 days after receiving your notification about your decision to terminate the contract. When the refunding procedure is enforced, the same payment method shall be applied as you have used for the original transaction, thus refunding shall be made to the bank account provided. Should the payment have been made by cash on delivery, please provide your bank account number in IBAN format so that we can transfer the amount back to your account. You will not incur any additional costs on account of enforcing the refunding procedure. We may withhold reimbursement until the goods back are received, or you have supplied evidence of having sent back the goods, whichever is earlier. You shall bear the direct shipment cost of returning the goods. You are only held responsible for impairing the product to an extent implying diminution in the value thereof due to use exceeding the one necessary to establish the nature, characteristics, and functioning of the product.
7.5 The right of termination or cancellation cannot be exercised in the following cases
The Service Provider expressly draws your attention to the fact that you cannot exercise your right of withdrawal in the cases specified in Section 29 (1)  of Government Decree  45/2014 (II.26.):
a) in the case of a contract for the provision of services, after the service is entirely performed, if the business commenced the performance with the consumer's express prior consent, and the consumer has acknowledged that the right of termination upon completion of service performance is forfeited;
b) for a product or service whose price or fee is subject to fluctuations in the financial market beyond the control of the business, and which may occur during the withdrawal period;
c) for a non-prefabricated product custom-made upon the consumer's express request and instructions, or for a product clearly tailored to the consumer's personal needs;
d) for perishable goods or goods with a short shelf-life;
e) for sealed goods that are impossible to return due to health protection or hygiene reasons and were unsealed and unpacked delivery;
f) for goods which are, after delivery, according to their nature, inseparably mixed with other items;
g) for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, but which can only be delivered following the thirtieth day after the conclusion of the contract, and whose actual value is subject to fluctuations in the market which cannot be controlled by the trader;
h) for contracts where the business is requested by the consumer to carry out urgent repair or maintenance work;
i) for the sale of sealed audio or sealed video recordings or sealed computer software, that were unsealed and unpacked after the delivery;
j) for newspapers, periodicals or magazines, with the exception of subscription contracts;
k) for contracts concluded at a public auction;
l) Contracts for accommodation services, excluding residential services, transportation, car rental, catering, or services related to leisure activities, wherein a performance deadline or date is set;
m) For digital content provided on a non-tangible data carrier, if the business commenced performance with the consumer's explicit prior consent, and the consumer concurrently acknowledged that they lose their right of withdrawal after the commencement of performance.

8 Warranty, Guarantee, and Warranty for Defects
8.1 When can a User exercise the right of warranty for defects?
A User may claim a legal warranty against the Service Provider should the latter perform faulty, in accordance with the rules of the Civil Code.
8.2 What rights does the User have based on a claim for warranty for defects?
The User may choose to exercise the following claims for warranty for defects: request repair or replacement, except if the fulfilment of the chosen claim is impossible or would incur disproportionate extra costs for the business compared to other claims. If repair or replacement was not requested or could not be requested, the User may demand a proportionate reduction of the consideration, or the User may repair the defect at the business's expense or have it repaired by someone else, or – as a last resort – terminate the contract. The User may switch from one chosen legal warranty right to another, but the cost of such a switch shall be borne by the User unless it was justified or caused by the business.
The right of withdrawal, considering the nature of the product (e.g., New Year's Eve dinner), may be exercised separately in some cases, within the deadline indicated relevant to the product concerned. If withdrawal occurs following the lapse of the set deadline, the Service Provider shall not be obliged to refund the payment, but the Customer may redeem the value within one year of purchase in the Webshop or at the Dunacorso restaurant.
8.3 Within what timeframe can the User enforce a claim for the warranty for defects?
The User (if qualified as a consumer) must report the defect immediately after its discovery, but no later than two months from the discovery of the defect. However, please note that beyond the two-year limitation period (one year for businesses) as of the performance of the contract, your rights of warranty for defects cannot be enforced any longer.
8.4 Against whom can the User enforce a claim for warranty for defects?
The User can enforce their claim for warranty for defects against the Service Provider.
8.5 What other conditions apply to enforcing the right of warranty for defects (if the User qualifies as a consumer)?
Within six months from performance, besides reporting the defect, there are no other preconditions or prerequisites for enforcing the claim for warranty for defects, if the User proves that the product or service was provided by the business operating the Webshop. However, after the lapse of six months from performance, the User must prove that the defect recognized by them already existed at the time of performance.
Product Warranty
8.6 When can a User exercise their product warranty rights?
In case of a defect in a movable item (product), the User may choose to claim either a warranty for lack of conformity or a product warranty.
8.7 What rights does a User have based on the product warranty claim?
As a product warranty claim, the User may only request the repair or replacement of the defective product.
8.8 When is a product considered defective?
A product is defective when it fails to meet the quality requirements in force at the time when placed on the market, or it fails to conform to the characteristics described by the manufacturer.
8.9 Within what period of time can a User enforce a product warranty claim?
The User can enforce a product warranty claim within two years (1 year for businesses) from the date the product was placed on the market by the manufacturer. When the set period of time is lapsed the right for the warranty shall be forfeited.
8.10 Against whom and under what other conditions can a User enforce a product warranty claim?
The User can only enforce a product warranty claim against the manufacturer or distributor of the movable item. The User must prove the defect of the product when enforcing a product warranty claim.
8.11 Under what circumstances is the manufacturer (distributor) exempt from product warranty obligations?
The manufacturer (distributor) is only exempt from product warranty obligations if they can prove that:
the product was not manufactured or placed on the market as part of their business activity
the defect or flaw was impossible to detect due to the state-of-the-art at the time when being put on the market or
a product is defective due to the application of any legal rule or the enforcement of any authority regulation.
For the Manufacturer (Distributor) to be exempted, it is sufficient to prove one reason. Please note that you cannot simultaneously and concurrently claim a warranty for lack of conformity and a product warranty regarding the same defect. However, if your product warranty claim is accepted, you can claim the warranty for lack of conformity against the Manufacturer to get the defective product replaced or repaired.
8.12 Provider's Exemption from Warranty Obligations
In all cases when the customer fails to comply with the general norms for storage/care/use or application conditions, the Service Provider shall become exempted from its warranty and replacement obligations.

9 Miscellaneous Provisions
In matters not regulated by these general terms and conditions, the provisions of the Civil Code (Act V of 2013) and Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses shall prevail.

10 Complaint Management Procedure
10.1 The Customer can report any issues or complaints related to a fulfilled order through either of the following customer service contacts
via telephone: +36 1 3186362
 +36 20 5723008
email: info@dunacorso.hu

The Service Provider, if possible, will immediately address verbal complaints. Should a verbal complaint be impossible to promptly remedy due to its nature, or if the Customer disagrees with the treatment of the complaint, it is the Customer's obligation to submit the complaint in writing to the Service Provider, as no technical conditions are available at the Service Provider that would facilitate recording complaints received through the customer service’s call centre. The Service Provider shall retain the written complaint for a period of five years, along with the response made considering the merits of the complaint.
The Service Provider shall send to the Customer a copy of the report made about the complaint at the latest simultaneously with the response considering the merits of the case.
In all other cases, the Service Provider shall act in accordance with the applicable legal provisions regarding written complaints.
The Service Provider shall give a response on the merit to the received complaint in writing within 30 days, that is, within this deadline, the Service Provider shall arrange for the postal dispatch of the response to the customer complaint or the sending of an electronic mail.
When a complaint is rejected, the Service Provider shall inform the Customer about the reason for the rejection and also with which authority or arbitration body the Customer may initiate proceedings, considering the nature of the complaint.
10.2 Supervisory Authority
National Consumer Protection Authority

11 Copyrights
11.1. The online content of the Web Store, including texts, graphics, images or photos, animated images, films, illustrations, and in some cases, audio and programs, shall be the property of the Schuch Gourmand Kft. These contents shall be protected by copyright. The use thereof shall be permitted provided that the Service Provider has expressly consented so. The Service Provider shall reserve the right to unilaterally amend the GTC (General Terms and Conditions) in part or in whole at any time, with due notification sent to the user. The GTC and any subsequent amendment thereof shall become effective upon announcement.

12 Privacy
The website's data processing information is available on the following page:
https://www.dunacorso.hu/downloads/adatvedelem_en.pdf
 
Budapest, 28.11.2023