FesztFood – Terms and Conditions

This is a courtesy translation. In legal matters the Hungarian version prevails.

I. General Provisions and Details of the Service Provider

1. Details and Contact Information of the Service Provider

The Service is provided by FESZTIZ Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (FESZTIZ Kft.) (company registration number: 06-09-026859).

Registered office: 6635 Szegvár, Iskola utca 41., Hungary

Tax number: 32911648-1-06

Represented by: Bence Lénárt, managing director

E-mail address: info@fesztiz.hu

Application name: FesztFood

2. Subject Matter and Legal Background

These Terms govern the service relationship established through the use of

the FesztFood mobile application operated by the Service Provider.

Act V of 2013 (Hungarian Civil Code) and Act CVIII of 2001 (Act on

Electronic Commerce) apply primarily to these Terms and to the relationship between the Parties.

The Terms are deemed accepted by the User upon ticking the corresponding

checkbox during registration, or upon first use of the Service.

II. Registration and Data Processing

3. Registration and Mandatory Data

Using the service requires registration in the FesztFood application.

During registration the User must provide the following accurate data: full

name, e-mail address and phone number.

By registering, the User undertakes to keep the provided data up to date.

4. Data Processing and Strict Limits of Data Transfer (GDPR)

The Service Provider declares that it processes the data provided by the

User in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and with Act CXII of 2011 (Hungarian Information Act).

Anonymity in the Normal Process:

Registration data (name, phone number, e-mail address) are not visible to restaurants or to other users during the fulfilment of an order.

Purpose-Bound Data Transfer (Section 6:143 of the Civil Code):

The Service Provider transfers the User's registration data to the partner Restaurant concerned only if the User submits a complaint (report) about the order through the application. The legal basis for the transfer is the performance of the contract between the Parties (complaint handling) and legitimate interest. The User expressly accepts this condition upon registration.

4/A. Handling of Location Data

User application (FesztFood):

The FesztFood application uses the location function of the User's device solely to display Restaurants near the User's location. The FesztFood application accesses the location data of the User's device in order to display Restaurants near the User's location.

The Service Provider records that the User's location data:

is not stored,

is not transferred to third parties,

is processed in real time only, for the geographic listing of restaurants.

The use of location is not mandatory. Granting it is the User's voluntary

decision, which may be withdrawn at any time in the device settings.

Partner application (FesztFood Partner):

The Partner application serves to record the geographic position of the Restaurant, so that the Restaurant can be displayed in the FesztFood application based on its location.

By using the application, the Partner consents to the location data

provided by it being displayed in the FesztFood application.

III. Orders, Age Limit and Payment

5. Subject and Conditions of the Order

Through the FesztFood application the User may order food and drinks.

The service covers take-away orders only. Preparing the ordered product and

making it available to the User is the responsibility of the Restaurant.

6. Ordering Age-Restricted Products (18+)

The Service Provider indicates every product whose sale is subject to an age

limit under Act C of 2004 (prohibition of alcohol) or other legislation.

Before placing an order containing such a product, the User must declare in

a pop-up confirmation window that they have reached the age of 18.

The User assumes responsibility for all legal consequences arising from a

false declaration. The Service Provider or the Restaurant is entitled to refuse the order or to refuse handover of the product if a breach of the age limit is suspected.

7. Payment Terms

The consideration for the order may be settled exclusively through the

Barion system, by bank card payment.

The Service Provider does not handle cash payment.

The Service Provider is not liable for damages arising from any error or

malfunction of the Barion payment system, or from the failure of a transfer/card transaction.

Online bank card and other payment methods are carried out through the

Barion system. Bank card and other payment-related data are not disclosed to the merchant. Barion Payment Zrt., the provider of the service, is an institution supervised by the Central Bank of Hungary; licence number: H-EN-I-1064/2013.

IV. Handling of Faults and Notifications

8. Faults and Support

The User may report technical faults concerning the operation of the

application at the e-mail address info@fesztiz.hu. Handling technical faults falls within the competence of the Service Provider (FESZTIZ Kft.).

Complaints (reports) about the quality of an ordered product or about

defective fulfilment of an order are handled by the Restaurant; the Service Provider assists the investigation of the complaint by providing data.

9. Notifications and Consent

The Service Provider may send push notifications to the User through the

application.

The User is entitled at any time to determine in the application settings

which types of notifications they wish to receive, and to withdraw them.

V. Final and Miscellaneous Provisions

10. Amendment of the Terms

The Service Provider is entitled to amend these Terms unilaterally, in

particular where justified by a change in legislation or a change in the service.

The Service Provider informs the User of amendments on the application

interface or by e-mail. The amendment takes effect 8 days after publication.

11. Governing Law

Hungarian law, in particular the provisions of the Civil Code, applies to

these Terms.

The District Court / Tribunal of Szeged has exclusive jurisdiction over

disputes between the Parties.