Terms and Conditions

Terms and conditions

These General Terms and Conditions of Business (hereinafter referred to as the “GTC”) set forth the terms and conditions applying to the use of the online services of the www.culinaris.hu website, operated by Culinaris Retail Kft. (hereinafter referred to as the “Webshop”).

The www.culinaris.hu website has an online display of the product portfolio of Culinaris Retail Kft., and the Customers visiting the Website and getting registered as described below, may purchase the selected products via the Website (the Webshop), and Culinaris Retail Kft. will arrange for the products selected by the Customer to be shipped to the delivery address specified by the Customer. The product descriptions are displayed by Culinaris Retail Kft. for each product, for informative purposes.  The product description states the product name, and information on the producer, place of origin, list of ingredients, packaging, the gross unit price, item number and the sales price (indicating the applicable VAT rate).

The Webshop services offered via the www.culinaris.hu website may solely be used by natural persons over the age of 18 (consumers or persons not qualified as consumers), and by business entities not qualifying as a wholesaler, whom have registered at the wwww.culinaris.hu website, have read the GTC, the Privacy Notice, and agree to the data processing carried out by Culinaris Retail Kft. in line with the applicable Privacy Notice of Culinaris Retail Kft. (hereinafter referred to as “Customers”).

Placing an order at the Webshop is possible only after registration. If you placed items into the Cart before getting registered, the products will be deleted from the Cart, and no Sales Contract is entered into between Culinaris Retail Kft. and the Customer.

Registration:

The Customer must supply true and accurate data for registration.

Culinaris Retail Kft. will not check whether the data supplied is true and accurate. If the Customer failed to report any change to his/her data, or supplies untrue data, any damage arising shall be the Customer’s own liability, and the Customer must reimburse any extra charge arising at the side of Culinaris Retail Kft. due to a failure to report the data change. The Customer must promptly report on all change occurring to his/her data provided (billing data, delivery data, etc.), upon placing a new order, the latest. A data change may be reported via e-mail, to the following e-mail address: webshop@culinaris.hu, or via the customer service phone line, or when placing an order, in the comment section.

When registering at the www.culinaris.hu website, the Customer also accepts and agrees to be bound by the GTC, and the GTC applies to the Customer until the Customer’s registration gets deleted. When the Customer’s registration is deleted, the GTC still applies to the orders already placed and confirmed.

The registration process:

Upon registration, the Customer must set a password, which is to be min. 8 characters long, containing upper and lower case letters, numbers and special characters.

The Customer shall not disclose the password to any third party, and is responsible to keep the password safe. Culinaris Retail Kft. refuses any liability for any case, when the Customer’s password is obtained by an unauthorised third party, who then places an order at the Webshop, via the Customer’s user account. If the Customer has any suspicion that his/her user account has been misused, the password must be promptly changed.

Culinaris Retail Kft. has the right to potentially delete the Customer’s registration, if the Customer has breached the provisions of the GTC. When this occurs, Culinaris Retail Kft. will notify the Customer via e-mail.

The GTC will become effective when published at the www.culinaris.hu website. Culinaris Retail Kft. retains the right to make amendments to this GTC any time, and agrees to publish the changes made at the www.culinaris.hu website, in a highly visible manner, for all Customers to see when entering the Webshop. When placing a new order via the Webshop, the Customer agrees to the amendments being made to the GTC. If any of the major provisions of the GTC get changed, Culinaris Retail Kft. will send a notification to the Customers, to their registered e-mail address provided, and when the Customer places a new order via the Webshop, the new provisions are deemed to have been duly accepted by the Customer.

All issues remaining uncovered by this GTC shall be governed by the applicable provisions of Act V of 2013 on the Civil Code, and of other relevant laws governing commercial activities and consumer right protection.

The Company’s Privacy Notice is applicable to the processing of the data supplied by the Customer upon registration (such as name, address, phone number, e-mail address) and is available for view at the following website: www.culinaris.hu/adatvedelmi.

The ordering process:

The Webshop operated by Culinaris Retail Kft. displays thousands of products, and the stocks are constantly changing and updated. The main product categories are listed at the Home Page.

The products are grouped by main category and subcategories, and the category names are shown on top of the page, to help you find the right product. Click on the main category to open the subcategories. You can open the product page from the subcategory page, which shows the product’s photo, description and data.

Within each category, on the left, you can set filters.

When you’ve done selecting the right products, click the “Add to Cart” button displayed next to the product photo, in gray.

For dry goods, first you need to set the volume at the bottom of the product page, then click the “Add to Cart” button, marked gray.  The Shopping Cart icon is shown on top of the page, to the right, if you wish to view it.

For bulk or loose products, first click the “Add to Cart” button, and a scale will be shown, to adjust the volume needed.

Fresh produce is also available at the Webshop. These products are found in the “Chilled products” category, and require refrigeration. The products of certain categories are solely shipped within Budapest and the adjacent zones. This is to avoid the product going off during longer shipments, impeding proper use or rendering the product unusable. Culinaris Retail Kft. and its team are committed to supply premium products only, therefore this risk is to be eliminated. Where you see the “BP” mark, the product is available for shipment in Budapest and the adjacent areas only.

Some of the fresh produce, such as cheese, ham and antipasti products are sold as measured, there is no preset order volume. For convenience, 10 dkg portions are set, so you can set the order volume accordingly. Given the fact that these products are sliced and measured, there might be a +/- 5 dkg discrepancy in the final volume sent, i.e. for a 10 dkg order, the product sent will be measured between 10 to 15 dkg, and the higher end of the price range will be charged (blocked at your bank account), i.e. the price applicable to 15 dkg.

If you wish to order cold plates or sandwiches, you may do so under the “Cold plates” or “Sandwiches” sections, but they are only shipped within Budapest.

Once you placed the order, the order number will be shown in the confirmation e-mail you receive, and solely orders holding an order number are valid.

Prices: all prices shown at the Webshop are in HUF, and inclusive of VAT. If there are returnable empties, the applicable fee will be separately added to the product price in the Cart (empties fee). The price stated for each product is inclusive of VAT, applicable as at the time of order.

Culinaris Retail Kft. retains the right to change prices any time.

Indicative prices: the prices shown at the Webshop might differ from the price stated at the final bill received upon delivery.

Placing an order

Once you have selected the right products, click the “Shopping Cart” icon shown on the right side of the page, and finalise your order, in 4 simple steps. At each step, you have the option to return to the previous page, or continue shopping.

1. Review your Shopping Cart

All products selected for purchase will be shown at the Shopping Cart, listed. You can adjust the volumes here, or delete certain items from the list. If you made a change, the Shopping Cart will be updated right away, and the deleted item will disappear. If you wish to go back and add new products, you can do so by clicking the product categories again. When placing your order, there is an option provided, which you can pre-select for any product: “If out of stock, please send a substitute product”. For online bank card payments, 20% of the total price for the Shopping Cart will be blocked in this case at your bank account as an extra fee, to see if a substitute product is needed, and until it is selected. When making the final payment, the final price stated at your bill will be charged to your bank account.

2. Set the delivery address

At this step, you need to select the delivery address. If your delivery address is a countryside address, however, you have certain items in your Shopping Cart marked with a “BP” sign, you may only proceed to the next step, if you remove such items from the Shopping Cart. After you provided the delivery address, you also need to provide the billing address.

Culinaris Retail Kft. has its own s vehicles to ship to the following places: Budapest, Budaörs, Budakeszi, Budajenő, Budakalász, Nagykovácsi, Solymár, Remeteszőlős, Törökbálint, Érd, Üröm, Telki, Diósd, Pilisborosjenő, Biatorbágy, Csobánka, Csömör, Dunabogdány, Dunaharaszti, Dunakeszi, Ecser, Etyek, Fót, Göd, Gödöllő, Gyál, Halásztelek, Herceghalom, Kerepes, Kistarcsa, Leányfalu, Mogyoród, Nagytarcsa, Páty, Pécel, Perbál, Piliscsaba, Pilisvörösvár, Pilisszentiván, Pomáz, Sóskút, Szentendre, Szigetszentmiklós, Tahitótfalu, Tök, Vác, Vecsés, Veresegyház, Visegrád, Zsámbék. For all other places (not listed above), shipment is done via courier service (our contractual partner).

Click “Shipping” on the menu bar (www.culinaris.hu/vasarlasmenete.hu) to select the preferred delivery time slot.

3. Select payment method and delivery date

Once you finalised your order, the total price is shown as a gross amount (inclusive of VAT). If any extra charge is applied: +20% for a substitute product or +30% for bulk or loose products, blocked at your account, this will also be stated in the order confirmation received.

The finalise your order, the first step is to enter the payment details.

Please check, if you entered the data correctly, and if all data in the order is correct. A comment section is available to put comments to the order. Click the “Finalise order” button, and the order is sent to Culinaris Retail Kft, then your order is shown as a finalised list. Once you have finalised your order, an e-mail is automatically sent to your registered e-mail address.

If you wish to receive a pro form invoice, stating the VAT amount, please let us know and we will issue it. Please enter such request when you finalise your order, in the comment section.

Once you have sent the order, you are bound to it, and you agree to this GTC to apply, and acknowledge to be bound by it. If any  of the terms and conditions of this GTC is breached, a breach of contract is committed, and the Customer is liable to comply with the terms and conditions applicable to the sale.

4. Payment

Payment is done via the SimplePay online system, facilitating easy payments, by simply entering your bank card details. The price for the order placed will first be blocked at your bank account, and once the parcel is prepared and delivered, the price will be debited at your bank account.

The Customer acknowledges that his/her personal data stored at the user database of www.culinaris.hu by the Data Controller, being Culinaris Retail Kft (1025 Budapest, Pusztaszeri út 59.), will be forwarded to the Data Processor, OTP Mobil Kft. The scope of data transmitted by the Data Controller: the Customer’s name, e-mail address, billing data and phone number. The nature and purpose of the data processing activities performed by the Data Processor are available for view in SimplePay’s Privacy Notice, shown at the following website: http://simplepay.hu/vasarlo-aff. 

Within Budapest and the adjacent  areas, bank card payment upon receipt of the goods is enabled. Our delivery staff carries a card reader, therefore you can pay the bill upon delivery.

Order confirmation:

The order will be confirmed via e-mail, within 48 hours of the order being placed at the Website. Upon the confirmation being sent, a Sales Contract is entered into between the Parties. If Culinaris Retail Kft. fails to send the order confirmation, no Sales Contract is concluded.

Shipping:

Culinaris Retail Kft. will deliver the ordered goods at the delivery date confirmed, to the delivery address supplied by the Customer.

If any of the products ordered cannot be delivered for any reason, Culinaris Retail Kft. will duly inform the Customer beforehand (via e-mail or phone call) of such fact. Culinaris Retail Kft. refuses any liability for a failure of any product delivery due to shortage of supply at its own stocks or by the suppliers.

The Customer must provide a precise delivery address that can be safely accessed, without transportation or security hurdles impeding or disabling shipment, or causing undue delay for the delivery staff.

Culinaris Retail Kft. will attempt to make all deliveries within the selected time slot, nonetheless refuses to take liability for any potential delay arising outside its own control, or unavoidable.

Shipping fees

Budapest and the adjacent zones

Culinaris Retail Kft. operates its own delivery team to deliver within Budapest, and the following places in the proximity of Budapest: Budaörs, Budakeszi, Budajenő, Budakalász, Nagykovácsi, Solymár, Remeteszőlős, Törökbálint, Érd, Üröm, Telki, Diósd, Pilisborosjenő, Biatorbágy, Csobánka, Csömör, Dunabogdány, Dunaharaszti, Dunakeszi, Ecser, Etyek, Fót, Göd, Gödöllő, Gyál, Halásztelek, Herceghalom, Kerepes, Kistarcsa, Leányfalu, Mogyoród, Nagytarcsa, Páty, Pécel, Perbál, Piliscsaba, Pilisvörösvár, Pilisszentiván, Pomáz, Sóskút, Szentendre, Szigetszentmiklós, Tahitótfalu, Tök, Vác, Vecsés, Veresegyház, Visegrád, Zsámbék.

For all other places (not listed above), shipment is done via courier service (our contractual partner).

For Budapest and the adjacent zones, the Customer may select the most convenient time slot for delivery, from the table shown. The system will offer the earliest delivery dates possible, set according to the order date. Shipping is possible on Mondays to Saturdays, from 8 am to 7 pm, within a 2-3 hour time slot selected. The exact delivery time will be within the time slot picked, however cannot be guaranteed with accuracy. 

If the time slot is colour marked and you cannot click on it, it is already taken, so you need to chose another one.

When you finalise your order, the selected time slot for delivery will be shown again. If you wish to change it later on, you can do so via e-mail correspondence.

The products of certain categories are solely shipped within Budapest and the adjacent zones. This is to avoid the product going off during longer shipments, impeding proper use or rendering the product unusable. Culinaris Retail Kft. and its team are committed to supply premium products only, therefore this risk is to be eliminated. Where you see a “BP” mark, the product is available for shipment in Budapest and the adjacent areas only. 

An extra fee applies to parcels over a weight of 10 kg, on a case-by-case basis.

If you have a specific shipping requirement, please contact our customer service over the phone (+36 1 345 0777) or by e-mail (webshop@culinaris.hu).

The Customer may solely reject acceptance of the delivered goods, if a quantitative or qualitative complaint is raised.

Shipment area for the Webshop orders: within Hungary.

Payment methods and billing:

Customers may pay via online bank card payment, or within Budapest and the adjacent areas, via bank card upon delivery. In all other areas, only online bank card payment is supported. When an online bank card payment is done, the purchase price will be blocked at the Customer’s bank account until delivery is completed.

If, when placing the order, the Customer marked the field “If out of stock, please send me a substitute product”, the total purchase price for the Shopping Cart plus 20% will be blocked at the Customer’s bank account, until the purchase transaction is finalised, and if needed, a substitute product is provided, with its price stated.

The amount stated at the final bill will be debited at the Customer’s bank account.

If the Shopping Cart includes bulk or loose products to be measured (such as meat, cheese, etc.), when placing the order the price plus 30% will be blocked at the Customer’s bank account, i.e. for a 10 dkg order, the final volume can be in the range of 10-15 dkg, and the upper price value will be charged, i.e. for 15 dkg.

Once the delivery is completed, the final price stated at the bill will be debited at the Customer’s bank account.

Cookie use:

The Website uses cookies, to be stored at the Customer’s computer device. The Customer has the chance to make adjustments to the cookie settings, or block all cookie related activities on his/her own computer, however, cookies are used to facilitate the use of the Website, and if the cookie use is restricted or blocked, it may happen that the Website will only operate with limitations. Further information related to the use of cookies, and how they operate may be found in our Cookie Policy, at the following website: www.culinaris.hu/cookieszabályzat.

Customer withdrawal from the contract

Upon delivery, the Customer must check whether the products delivered match the ones ordered, and inspect the quantity and quality of the products delivered. If the Customer has any complaint with regards to product volume or quality, the Customer must ask the delivery personnel to take official Minutes of the case. The Customer solely has the right to deny acceptance, if a quality related complaint is raised, otherwise the products must be taken over. If the Customer denies due acceptance of the products delivered, on the ground of any other type of quality complaint, being uncertified, the Customer must duly pay the entire purchase price for the products. For any product proven to have a quality defect, Culinaris Retail Kft. will refund the entire purchase price to the Customer with a corrective bill sent, within 14 days of the purchase.

For natural persons qualifying as a “consumer”, the provisions of Government Decree No. 45/2014 (II.26.) on the Detailed rules of contracts between consumers and business entities shall apply, and based on section 2, point l) of the same Decree, contracts signed for frequent and regular deliveries of food products and other products meant for everyday consumption, to the Customer’s home address, place of residence or workplace, do not fall under the scope of the Decree. Therefore, in terms of food products and other products meant for everyday consumption, it is not possible for consumers to unilaterally withdraw from the contract.

In terms of any other products falling under the scope of Government Decree No. 45/2014 (II.26.), consumers have the right to withdraw from the contract within 14 days upon product delivery, without stating reasons.  If the Customer wishes to exercise his/her right to unilateral withdrawal, he/she must report it by e-mail, to the following e-mail address: webshop@culinaris.hu. The right for unilateral withdrawal from the contact is not granted for legal persons, and for natural persons not qualifying to be a consumer.

If the Customer decided to unilaterally withdraw from the contract, Culinaris Retail Kft. must promptly refund the entire purchase price paid, within 14 (fourteen) days upon the Customer reporting his/her withdrawal from the contract, and arranging for the goods being returned.

The shipping fee charged and including the cost of return goods, do not form part of the refund to be made. The consumer must cover the shipping fee and the cost of the goods being returned.

If the product seems to have been put into use by the Customer when returned to Culinaris Retail Kft., the Company might request an indemnification for all damage suffered as a result of the unintended product use, and may also claim compensation for the product’s value loss suffered.

If a dispute arises, the Customer has the right to refer the case to an official Mediator and Arbitration Board.

Culinaris Retail Kft. has the right to deny handing over the products, if the recipient seems to be under the age of 18. If the delivery staff has a doubt as to the age of the recipient, and the age is not certified, the delivery staff has the right to deny handing over the goods. If it is proven that the recipient is under the age of 18, the courier staff may deny handing over the goods.

Culinaris Retail Kft. retains the right to correct any obvious mistake, or any calculation, editing or technical errors, and to change prices. Changing the price is only possible once the order is confirmed, if the price change became necessary due to a change of the laws (e.g. tax law changes).

Product sale is limited to the level of stocks held.

The Customer expressly acknowledges that Culinaris Retail Kft. refuses to take any liability for an incorrect price display at the Webshop, due to technical problems.

Culinaris Retail Kft. retains the right to stop distributing a product any time.

Complaints

The Customer has the right to deny acceptance of any products found to be defective upon delivery. If a product proves to be defective after delivery, or it is assumed that the product was already defective at the time of delivery, the Customer may file a complaint, via the customer service phone line or e-mail address of Culinaris Retail Kft., or via regular mail.

Any other type of complaints (such as related to the courier’s conduct, the operations of the Webshop, product distribution, or related to sales) may be filed by the Customer verbally (in person at any of our stores, or via phone: +36 1 345 0777), or in writing to the contact details below:

E-mail address: webshop@culinaris.hu

Mailing address: 1025 Budapest, Pusztaszeri út 59.

All complaints received by Culinaris Retail Kft. will be promptly investigated, and remedied, when needed. If you disagree with how your complaint was handled, or if the complaint filed cannot be promptly investigated, or if you reported your complaint in writing, Culinaris Retail Kft. will send you a response within 30 days.

To facilitate an out of court settlement of disputes related to product quality, product safety, the application of product liability rules, service level, or to the signing or fulfilment of the contract between the Parties (hereinafter referred to as “legal dispute with the consumer”), the Customer may file for Mediation and Arbitration Board proceedings at the relevant county level (or city of Budapest level), operating in conjunction with the Chamber of Commerce and Industry. 

The contact details of the Mediation and Arbitration Board having territorial scope according to the registered seat of Culinaris Retail Kft.:

The Mediation and Arbitration Board of Budapest:

1016 Budapest, Krisztina krt. 99. III. 310.

Phone: +36 1 488 2131

E-mail address: bekelteto.testulet@bkik.hu

bekeltet.hu/kerelem

online dispute resolution platform: webgate.ec.europa.eu/odr/main/?event=main.home.show

12. Data protection

The Company’s Privacy Notice is available for view at the following website:

https://culinaris.hu/adatvedelmi