User Terms of Service - Hungary

By using the Wolt Service, you agree to be bound by these User Terms of Service (“Terms of Service”).

Please read the following Terms of Service carefully before using the Wolt Service. If you do not agree with the Terms of Service, please do not use the Wolt Service. These Terms of Service apply to any use of the Wolt Service and to the Purchase Agreements and Delivery Service Agreements made hereunder. A more detailed description of the Wolt Service and information on system requirements is available at wolt.com. 

If you have a Wolt for Work Account, these Terms of Service also apply to our customer organization which has granted you the Wolt for Work Feature (“Customer Organization”) with respect to Orders made by you through the Wolt for Work Feature. If there is any discrepancy between these Terms of Service and the Wolt Corporate Terms & Conditions applicable to the Customer Organization, the Wolt Corporate Terms & Conditions shall, however, prevail.

The Terms of Service are concluded between us and the User only, and not with Apple Inc., and Apple Inc. is not responsible for the Wolt App or the content thereof. You agree that Apple Inc., and Apple Inc.’s subsidiaries (“Apple”), are third party beneficiaries of the Terms of Service, and that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof.

1. Definitions

“Courier Partner” means the natural or legal persons who perform courier services as subcontractor of Wolt.

“Delivery Service Agreement” means an agreement for the purchase of Wolt’s delivery services made on an Order. With respect to Orders placed through the Wolt for Work Feature, the Delivery Service Agreement forms a binding agreement between Wolt and the Customer Organization, while in any other cases, the Delivery Service Agreement forms a binding agreement between Wolt and the User.

“Order”: has the meaning as set out in the below Section 3.2.

“Partner” means a restaurant or other service partner who has signed a partner agreement with Wolt and who offers its products and delivery services, if applicable, through the Wolt Service. Unless otherwise specified in the Wolt Service, all Partners are traders within the meaning of Hungarian laws.

„Pharmacy Partner” is a Partner that fulfils the requirements of the „pharmacy” term of Act no. XCVIII of 2006 on the general rules of safe and efficient pharmaceutic drugs and medical accessories supply and pharmaceutical trade (hereinafter: „Gyft.”) and disposes over the valid operation and any other necessary license as required by the laws as amended from time to time and that has been duly registered in the applicable registry.

“Purchase Agreement” means an agreement for the purchase of Partner’s products and possible delivery services made on an Order in case the Partner engages in delivery. With respect to Orders placed through the Wolt for Work Feature, the Purchase Agreement forms a binding agreement between the Partner and the Customer Organization, while in any other cases, the Purchase Agreement forms a binding agreement between Partner and the User. 

“Wolt” means Wolt Magyarország Kft. (seat: 1085 Budapest, Salétrom utca 4. földszint; reg. no.: 01-09-322693)

“Wolt App” means a digital application called Wolt provided by Wolt for natural and legal persons to order products from Wolt’s Partners.

“Wolt for Work Account” means a user account in the Wolt App onto which the Wolt for Work Feature has been added.

“Wolt for Work Feature” means the payment method and feature of the Wolt App through which the Customer Organization’s authorized Users can make Orders at the Customer Organization’s cost.

“Wolt Service” means both Wolt App and Wolt website wolt.com and other additional locations as mentioned at wolt.com.

“User” or “you” means a natural person using the Wolt Service. <s

“Retail Products” means groceries, consumables, utility goods and other consumer goods made available by the Partner on the Wolt Service.

"SZÉP Card" means the so-called Széchenyi Leisure Card (in Hungarian: Széchenyi Pihenő Kártya) under Government decree no. 76/2018. (IV. 20.) on the terms of the issue and use of the Széchenyi Leisure Card (hereinafter: "SZÉP Card Decree")

2. Identity of Wolt

Wolt Magyarország Kft., registered seat: 1085 Budapest, Salétrom utca 4. ground floor, company registry number: 01-09-322693, tax number: 26296702-2-42; registered with the Company Registry Court of Budapest Capital Regional Court.

Trade name: “Wolt",

Email address: support@wolt.com.

Hosting provider: Wolt Enterprises Oy (address: FI-00100 Helsinki, Pohjoinen Rautatiekatu 21; e-mail address: support@wolt.com).

The place of operation and complaint handling correspond to the registered seat of Wolt.

Information about the identity and products and services of the Partners will be provided through the Wolt App and Wolt website.

3. Description of the Wolt Service

3.1. Wolt provides a platform on which the User can purchase food products, Retail Products and provides delivery services to Users in relation to products purchased from certain Partners if the User also ordered the delivery of the Order. When you purchase products from a Partner, Wolt facilitates the fulfillment of the purchase on the Wolt Service. Wolt is entitled to charge a service fee and/or other surcharges for the Users for every or certain Orders (e.g. Orders placed in a certain time of the day or Orders coming from a certain Partner etc.) placed on the Wolt Service. Wolt provides accurate information on the Wolt Service about the amount of the service fee and/or other surchargesto be paid by the User before the User places the Order. By using the Wolt Service, the User accepts that Wolt is entitled to charge the service fee and other surcharges determined by Wolt. By placing the given Oder, the User accepts the amount of the service fee and other surcharges as well as the corresponding payment obligation.

3.2. The Partners provide accurate and up-to-date information about their products and services in the Wolt Service, including information on menus and product prices. The information on the delivery fee, service fee and/or other surcharges applicable at each time is provided in the Wolt Service. If you have allergies or other dietary restrictions, please contact the relevant Partner directly. The Partner will provide food-specific information upon request. The sale and purchase of the Partner’s products and services may be subject to additional terms and conditions of the Partners as set out in the Wolt Service and herein (in case of Orders from McDonald’s). The price of the Retail Products is determined based on the price at the date of placing the Order. Please note that there may be minor price alterations between the indicated price and final price of the Order for pre-packed items in case of package weight variations. 

The Partner provides information on allergens and other necessary product-specific information of Retail Products in the Wolt Service. The Partner is responsible for providing all information on Retail Products as required by applicable laws and regulations, including the EU Regulation No 1169/2011 on the provision of food information to consumers. Where applicable, the Partner is further responsible to ensure that the selling price and the unit price are indicated in accordance with EU Directive 98/6/EU on consumer protection in the indication of the prices of products offered to consumers.    

The Partner determines in its sole discretion the selection and pricing of Retail Products available on the Wolt Service. The Partner may also impose certain restrictions on Your Order, such as quantity limits and size limitations of the Order. The Partner is responsible for informing You of any limitation relating to the availability of any Retail Products. User accepts that in case a product is temporarily unavailable, the Partner will fulfill Your Order without including such product item in the Order. You will not be charged for products that are unavailable at the time of placing the Order.

Medicinal products subject to medical prescription or products receiving social security support may not be ordered via the Wolt Service, visit the pharmacy in person with your medical prescription. We inform you that Wolt does not give any professional advice or any suggestion for replacement or application to Users concerning pharmaceutical products and other products marketed by the Pharmacy Partner through the Wolt Service, you can turn to the staff of the given Pharmacy Partner with your questions directly. 

When selecting the Partner’s products and services that the User wishes to purchase from the Partner, the User makes a binding order to purchase the products and services from the Partner on the terms and conditions presented by the Partner to the User in the Wolt Service before placing the order (“the Order”). After having received the Order, Wolt will transmit the details of the Order to the Partner. When the Order is accepted by the Partner and Wolt has provided the User with an order confirmation on behalf of the Partner, the User or the Customer Organization and the Partner enter into the Purchase Agreement. Wolt will provide the User with a receipt on behalf of the Partner or the Partner itself issues the receipt (as applicable). After the Order is accepted by the Partner and the order confirmation is provided to the User, if the User also ordered the delivery of the Order, in addition to entering into the Purchase Agreement with the Partner for the purchase of the Partner’s products, the User or the Customer Organization and Wolt enter into a legally binding agreement for the purchase of any delivery services ordered by User through the Wolt Service (i.e. the Delivery Service Agreement) which shall be deemed concluded when Wolt accepts the order by the User for the delivery service.

The technical steps to follow to the conclusion of the contract within the Wolt Service are as follows:

selecting the venue from which the Order shall be made;

selecting the products of which the Order shall consist and adding them to the Order;

clicking on the view order button;

clicking on the go to checkout button;

clicking on the “click to order”/ sliding the ”slide to confirm” button;

Wolt provides a confirmation of the Order within the Wolt Service without undue delay.

Wolt hereby informs the User that the contract with Wolt does not qualify as a written contract. The User’s Orders are saved to the User’s profile under the “Order history” heading which is accessible later on as well. Otherwise, Wolt does not file or register such contracts.

The aforementioned contract with Wolt can be entered into in: Hungarian, English.

Concerning the technical means for identifying and correcting input errors prior to the placing of the Order:

after selecting the products of which the Order shall consist, the pop-up window allows the User to determine the number of the given products required and add them to the Order; and

after clicking on the view order button, the User can see the products to be ordered and by clicking on their item number the User can amend the number of the given products required and can also delete the given product from the Order; and

after clicking on the go to checkout button, the User can once again see the products to be ordered and by clicking on the product the User can amend the number of the given products required and can also delete the given product from the Order, and can also add other products; and the User can also see and change where and when the Order shall be performed.

Wolt thus provides through efficient and accessible technical tools the possibility for the User to identify and correct input errors prior to the placing of the Order (that is, prior to sending the Order).

3.3. The Partner selected by the User will prepare the products set out in the Order to the User. Wolt is not responsible or liable towards the User for the proper execution of the Purchase Agreement by the Partner. For the sake of clarity, the Partner is solely liable for any defects in the contents of the Order or other shortcomings in the performance of the Purchase Agreement.

3.4.. You cannot withdraw or cancel an Order for products or delivery services once you have placed it. Prior to placing an Order for a product or service you should carefully review your selection. 

3.5. Notwithstanding section 3.4. you have as a consumer (i.e., a person acting beyond his/her profession, self-employment or business activity) the statutory right to cancel an Order of Retail Products within 14 days counted from the date of receipt of such products, or within the longer period applied by the given Partner as described in the Wolt Service by Partner (if applicable). The statutory period of 14 days is deemed to have been observed if you dispatch the products before the expiry of this period. If Partner markets products in which regard you have the right of withdrawal without the requirement of providing reasoning, it is the obligation and liability of the Partner to set up and operate a framework scheme where Users can properly exercise their such rights.

You can cancel such Orderor parts thereof by contacting the Partner’s point of sale. The point of sale can be identified by way of the invoice/ receipt issued by Wolt or the Partner. If the cancellation is notified to Wolt, Wolt shall forward such to Partner without any review.

The right of cancellation can be exercised by way of sending an unambiguous declaration to Partner (directly or via Wolt as noted above), which is the obligation of the User as consumer. This declaration can be made in any form, including the sample declaration attached to these Terms of Service. Partner is required to inform Wolt without delay in writing of any exercise of right of withdrawal, and with regards to any refund. Wolt shall return the entire amount paid by the User as consumer (including costs related to performance, such as all service fee and other surchargess, surcharges (if applicable), delivery fees, tips) to User using the same payment method User as consumer had used, including using Wolt credits when payment took place using Wolt credits. Note that the delivery fee, service fee and other surcharges (if applicable) and tips will not be returned in case of only a partial withdrawal from the Order.

Please note that the Partner may have in place separate terms or guarantees that apply in addition to these terms. The Partner provides information of such terms separately to User on the Wolt Service.

Model withdrawal form

-          To: [insert the name of the Partner, the Partner’s address and the Partner’s email address]:

-          Herewith I/we (*) withdraw from the agreement concluded with me/us regarding the purchase of the following goods (listing of the goods):

-          Ordered on (*)/received on (*):

-          Name of the consumer(s):

-          Address of the consumer(s):

-          Signature(s) of the consumer(s) (only in case of notification on paper):

-          Date:

(*) Delete as applicable.

Wolt follows the limitations of consumers’ statutory cancellation rights as set out in applicable laws, including but not limited to Section 29(1) of Government Decree 45/2014 (II.26.). Certain goods may be excluded by law from the consumers’ right of cancellation and return, including the following:

Foodstuff and products that are by their nature perishable or age rapidly

Products that due to their nature become inseparable from other products after their receipt

Games, movies, software and other sealed products cannot be cancelled once the seal or other product package of such item has been opened

Hygiene and intimate products after opening the package

Goods that are manufactured or custom-made in accordance with the User’s specifications and instructions.

This means that You cannot return for example food products by referring to Your statutory cancellation rights after purchase. You cannot withdraw, cancel or modify an Order for such products once you have placed it. Please look through your selection carefully before placing the Order. 

3.6. Furthermore, in accordance with the above, You may exercise your cancellation rights for products and substances that do not qualify as pharmaceutical products, dietary supplements, nutrition and cosmetics only in case their package in unopened since they qualify as such closed-package products which cannot be returned after opening them once delivered to You due to health protection and hygienic reasons. In case of ordering medical devices or therapeutic appliances You may exercise your cancellation rights only before trying them out. 

Pursuant to the respective laws, pharmaceutical products may not be taken back except they were provided erroneously or recalled by the National Institute of Pharmacy and Nutrition (‘OGYÉI’). Accordingly, in case of the order of medicinal products not subject to medical prescription You may only exercise your cancellation rights if You ordered a medicine other than that the Pharmacy Partner mistakenly provided You with, or if OGYÉI recalled the medicine. According to the respective laws, the pharmacy, which provided the item based on the documents verifying the purchase, is obliged to take back the medicine which was provided erroneously or in insufficient quality due to reasons which are of interest to the pharmacy until the end of the opening hours of the 5th day after providing such medicine with simultaneous return of the purchase price as per the receipt. 

3.7. Retail Products must be returned (the cost of which is borne by the User) as soon as possible after the Order has been cancelled and no later than 14 days after the date of cancellation. The returned product must be in an unused condition except for necessary use for the purposes of establishing its quality, characteristics and fitness (but the User shall be liable for any and all deterioration of value due to use beyond this purpose). The product must be protected adequately and packaged either in its original packaging or in a similar manner. The refund may be refused until the Partner has received the products back or until you have provided proof beyond any doubt that you have returned the products, whichever is earlier.

3.8. The agreement between Wolt and You (i.e. not the Purchase Agreement for the Partner’s products) is deemed an ancillary contract, which is automatically terminated upon Your exercise of the statutory consumers’ right of withdrawal for Purchase Agreement. Due to the nature of this agreement, the rules of product warranty and guarantee do not apply to the agreement between You and Wolt. Among the warranty rights (variance is allowed but the costs thereof shall be borne by you, unless variance is well-founded or is attributable to Wolt), in case of a delay in delivery of above 2 hours, you may request a proportionate reduction in consideration, or may withdraw from the agreements, via communication to Wolt. Please note that this communication must be made without delay (in case of consumers, communication within a 2-month period shall be deemed to have made without delay), and the general statute of limitations period is 1 year (in case of consumers, 2 years, with the exception of used goods, where the 1-year period applies). Please be advised that insignificant defaults cannot result in the right of termination. As a condition of asserting any warranty claim within 1 year, you must evidence that Wolt provided the faulty service but no further criteria apply; however, after the lapse of 1 year from performance, you shall be required to evidence also that the fault existed at the time of performance.

3.9. Wolt refrains from subjecting itself to any code of conduct.

4. User Accounts

4.1. You have a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access and use the Wolt Service and the content made available through the Wolt Service in the form offered to you by us from time to time solely for the purposes set out herein. The license granted to the User for the iOS Wolt App downloaded from Apple’s App Store is further limited to a license to use the Wolt App on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service and these Terms of Service. Any rights not expressly granted herein are reserved by Wolt and Wolt’s licensors.

4.2. In order to use the Wolt Service, the User must create a user account by following the registration instructions in the Wolt Service. Account registration requires you to create a username and password and to submit to Wolt certain personal data such as your name, address, email, number and at least one valid payment method. You agree to maintain the information on the account accurate, complete and up-to-date. For more information on how Wolt processes your personal data, please see the Wolt Privacy Statement. The Wolt Service credentials are personal (unless otherwise agreed between Wolt and the Customer Organization). The User shall ensure that any user account credentials and equivalent information required to access the user account of the User or the Customer Organization are kept confidential and used in a secure manner not accessible by third parties. A User may have only one personal user account. If you wish to delete your account, please contact us by us using the contact details above. 

4.3. Where it is suspected that any unauthorized person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform Wolt thereof. The User shall be responsible for any use of the Wolt Service and any activity under the user account of the User.

4.4. In order to use the Wolt Service, you must submit valid credit card or other payment method information to Wolt. Wolt does not store information of your payment instrument, as this is done by a third party payment service provider used by Wolt. You agree to pay for all purchases arising from your use of the Wolt Service except for purchases made through the Wolt for Work Feature at the Customer Organization’s cost. You must keep the credit card and other payment information that you have submitted to your user account updated.

5. Payments

5.1. The User, or the Customer Organization in case of Wolt for Work Account, will pay the purchase price and the delivery fee (if delivery applies) as well as the service fee and other surcharges (if applicable) set out in the Order by using the relevant payment functionality of the Wolt Service. Wolt collects all payments from the Users or the Customer Organizations on behalf of the Partner, except the fee for the delivery (if delivery applies) and the service fee and other surcharges (if such are charged) which is collected on behalf of Wolt. If the Order is made by using the Wolt for Work Feature, the User confirms the payment on behalf of the Customer Organization through the Wolt for Work Feature. The User’s or Customer Organization’s payment obligation (including for the service fee and other surcharges if such are charged) shall arise upon placing an Order through the Wolt Service, and in regard with the Delivery Service Agreement upon placing a delivery order through the Wolt Service.

5.2. The User may fulfil this payment obligation only by using the relevant online payment method provided in the Wolt Service, where Wolt is entitled at its own discretion to introduce, change or terminate certain payment methods. SZÉP Card can be used only for purchases from Partners where the Partner and its products/services are eligible under the SZÉP Card Decree (e.g. certain restaurant partners) and for whom the SZÉP Card payment option has been set in the Wolt Service. Wolt is entitled to determinate unilaterally the payment service provider whose SZÉP cards are enabled in the Wolt Service and to determine whether to allow payment by SZÉP Card for a Partner who is and whose products and services are eligible under the SZÉP Card Decree. You can receive more information about the available payment options for certain Partners and certain Orders in the Wolt Service. When the User, or the Customer Organization in case of Wolt for Work Account, has paid the purchase price and delivery fee (if delivery applies) as well as the service fee and other surcharges (if such are charged) to Wolt, the User or the Customer Organization has fulfilled its payment obligation towards the Partner and Wolt.

5.3. The payment will be automatically charged from the User’s credit card, or charged through the Customer Organization’s Wolt for Work Feature, upon delivery of the Order or pick up of the Order by the User if he/she did not require delivery. Wolt is entitled to make an authorisation hold on behalf of the Partner and Wolt itself on the User’s credit card or Customer Organization’s Wolt for Work Feature once the Order (also including the delivery order if delivery applies) has been placed through the Wolt Service. In case the payment is made by SZÉP Card, we direct you to the website of the concerned payment service provider (i.e. the bank who issued the concerned SZÉP Card) after the Order has been placed where you can pay by your SZÉP Card through a transaction used by the payment service provider and settled in an encrypted way. Wolt uses a third party payment service provider for processing of payments. 

5.4. Wolt informs the Users that the IT service provider used by Wolt for technical arrangement of the SZÉP Card payment is entitled to forbid the User to use the IT service supporting the payment (payment gateway), fully or partly, by technical means, immediately and without prior notice, if it detects any false or unauthorized activity or any activity which endangers the system’s general operational, data or IT security by the User. In this case the User will be unable to pay by SZÉP Card in the Wolt Service. Wolt excludes its liability for both such activity of the User and any damage it causes, and the possible damage of the User caused by such forbidding of the User.

5.5 Cash is an additional payment method available. The maximum value of a cash order is detailed in the Wolt Service, as applicable. Refunds in cash orders will be primarily made in Wolt credits. If a User who has made a cash order is not in the agreed place of delivery at the agreed time or 10 minutes thereafter, Wolt's customer support will contact the User and agree on an appropriate arrangement for the payment. If the customer support cannot reach the User within 24 hours of the no-show, Wolt will take appropriate measures which may include disabling the cash option from the User or even disabling the User's account in the Wolt Service for further Orders. The User is responsible for having the appropriate and accurate purchase price of the Order  at hand at the time of delivery; appropriate change by the Courier Partner may not always be available, and handing over Orders may thus be refused.

5.6. When you add products sold by weight in your Order, Wolt will not know their exact weight until the products are weighed by the Partner. For such weight-based products, any price per product shown on Wolt Service is only an estimate given by the Partner. The final price of the weight-based product in your Order will be determined and charged based on the actual weight of the product you receive. To cover for possible price adjustments caused by weight variation, Wolt will make a temporary authorization hold on your card. The amount of the temporary authorization hold or charge will be at maximum 20% of the value of weight-based products included in your Order. In case the product in your Order weighs less than as indicated in your Order confirmation, Wolt will refund you the price difference. In case the product in your Order weighs more than as indicated in your Order confirmation, Wolt will charge you the price difference from the temporary authorization hold or charge made for weight-based products. Any part of the temporary authorization hold or charge that is not needed for covering for a price adjustment will be returned or refunded to your card.

6. Wolt credits and tokens

6.1. The Users of the Wolt Service can obtain Wolt credits or tokens e.g. by inviting new users to sign up to the Wolt Service (“Referral Program”). Under the Referral Program, Wolt may offer its Users the opportunity to earn Wolt credits or tokens as promotional rewards by inviting their eligible friends to register as new Wolt Users and place their initial order through the Wolt Service. For each qualified referral, the User may receive credits or tokens as specified on Wolt Referral Program Terms. You agree that we may change the terms and conditions of the Referral Program (available here) or terminate the Referral Program at any time.

6.2 The Users of Wolt Service can also obtain Wolt credits or tokens through promotional campaigns established by Wolt from time to time. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Wolt; (iii) are subject to the specific terms that Wolt establishes for such promotion or campaign. For instance, promotional offers may be available for certain Users only or may be limited to be used through specific Partners or at a specific time of the day.

6.3. Wolt may unilaterally determine the conditions applicable to the granting, use and validity of the Wolt credits and tokens.

6.4. Any signing-up bonus credits or tokens can be used only once.

6.5.The Users can use Wolt credits and tokens to get discount on their purchases only in the Wolt Service and subject to the specific terms of conditions of the specific campaign or promotion. Wolt credits and tokens cannot be exchanged to cash in any case, including when the User stops using the Wolt Services definitively (e.g. deletes his/her Wolt account) but has unused credits or tokens. Wolt credits and tokens cannot be transferred to third parties. The validity period of the Wolt credits and tokens you may have received is specified in the Wolt Service. Upon expiration, credits and tokens will be removed from your account. Expired credits and tokens are no longer redeemable and cannot be used towards any order.

6.6. The Wolt credits and tokens will be nullified if Wolt detects any abuse of Wolt credits or tokens or suspects or detects that Wolt credits or tokens have been granted on incorrect grounds. In such cases, Wolt shall invoice the amount that was paid using such Wolt credits or tokens.

7. Delivery of an Order

7.1. If the User orders the delivery of the Order through the Wolt Service, the Order will be delivered to the location confirmed by the User in the Wolt Service. The User also has to provide a street address for the confirmed location in the Wolt Service. User is solely responsible for providing correct address and instructions for the delivery of Orders on the Wolt Service. User acknowledges that the processing and potential confirmation of the given order is always applicable in relation to the delivery address provided by the User until the submission of the Order and the Partner’s point of sale chosen by the User. Upon the finalization and submission of the Order by the User the delivery address cannot be changed in respect of the Order. The delivery services are provided to the User or Customer Organization by Wolt.

7.2. When you use the Wolt Service, there may be a minimum value for purchase required, in which case you will be notified thereof before you make the Order on the Wolt Service. Where an Order fails to meet the minimum required value, you will have the possibility to pay the difference to meet the minimum value or to add more products to your Order.  

7.3. The User must be available to receive calls at the phone number the User has submitted to the Wolt Service. If the phone number provided by the User cannot be reached, the delivery may be cancelled by Wolt and Wolt will not refund the User or Customer Organization with the price of the Order (including the service fee and other surcharges if such were charged) and the delivery fee (if delivery services have been ordered).

7.4. The User may place an order to be delivered as soon as possible (standard delivery method) or by pre-ordering a certain delivery time.

7.5. Standard delivery option: The User must be present at the confirmed location set out in the Order between the time of making the Order until the products set out in the Order have been received. If the User is not available at the location he/she has confirmed and the User does not respond after two contact attempts by the Courier Partner making the delivery, the customer support of Wolt will attempt to contact the User over the phone or electronically. If the attempt has no contact result within 10 (ten) minutes, the delivery may be cancelled and Wolt may not refund the User or Customer Organization with the price of the Order (including the service fee and other surcharges if such were charged) and the delivery fee (if delivery services have been ordered).

7.6. “Pre-order” delivery option: the User must be present at the confirmed location between ten minutes prior to the pre-ordered delivery time until the moment of delivery in order to receive the Order.

8. Picking up and collecting an Order at the Partner’s point of sale

8.1. If the User has not ordered delivery of the Partner’s products set out in the Order in the Wolt Service, but the collection at the Partner’s point of sale, the products can be collected at the point of sale of the Partner the User has chosen in connection with the Order. The User will receive a separate electronic confirmation when the products are ready for collection. The Partner or Wolt may set conditions for the identification of the User when picking up the products set out in the Order.

8.2. The Partner shall retain the ordered products for 60 minutes after the Partner has notified the User that the Order is ready for collection. However, this obligation is limited to the opening hours of the particular Partner’s point of sale and the Order has to be collected before the closing time of said point of sale of the Partner.

9. Eat-in Order

9.1. If the User has selected the option to consume the products set out in the Order at the point of sale of the Partner, the User will receive a separate electronic confirmation about the expected time the products will be ready to be consumed at the Partner’s point of sale.

10. Time estimates

10.1. Any delivery time or pick-up time or other time estimate communicated to the User by the Partner or Wolt in the Wolt Service are only estimated times. There is no guarantee that the Order will be delivered or available for pick-up or consumption at the estimated time. Delivery times of the products may also be affected by factors such as traffic jams, rush hours and weather conditions.

11. Intellectual Property Rights

11.1. All Intellectual Property Rights in or related to the Wolt Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Wolt and/or its affiliates/subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

11.2. These Terms of Service do not grant the User any Intellectual Property Rights in the Wolt Service and all rights not expressly granted hereunder are reserved by Wolt and its subcontractors/licensors.

11.3. Apple shall not be responsible for any investigation, defense, settlement or discharge of any claim that the iOS Wolt App or your use of it infringes any third party intellectual property right.

12. Additional Provisions for use of the Wolt Service

12.1. The Wolt Service is only available to persons of the age of 18 years or older.

12.2. The User shall observe all applicable rules and regulations when using the Wolt Service, including with respect to the purchase of alcohol and tobacco products, medicine and other age-restricted products. To the extent delivery of age-restricted products, such as alcoholic beverages or tobacco products, is available in the country where the User is located, the User may be refused delivery of age-restricted products in case the User is unable to provide a valid government-issued photo identification document to Wolt’s Courier Partner delivering the Order proving that the User is of legally required age to purchase the product(s). The User may be refused delivery of age-restricted products also in other cases stipulated by applicable rules and regulations in the country where the User is located, such as for alcoholic beverages if the User is showing signs of intoxication. In case the delivery of age-restricted product(s) is refused due to reasons described herein, Wolt has the right to charge from the User two times the value of the delivery fee (and service fee and other surcharges if applicable) that the User paid for the Order in question as compensation for having to return the age-restricted product(s) to the Partner. 

12.3. Wolt is constantly developing the Wolt Service and Wolt may change or remove different parts of the Wolt Service, including features, the products and Partners available in the Wolt Service in part or in whole.

12.4 Wolt may, in its sole discretion, permit you from time to time to submit, publish or otherwise make available to Wolt through the Wolt Service content and information, such as feedback and support requests related to the Wolt Service, or submissions for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Wolt, you grant Wolt a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, and otherwise exploit in any manner such User Content in all formats and current or future channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that you are authorized to grant Wolt the abovementioned rights and that such User Content or the use thereof is not offensive, defamatory, obscene or harmful in any way and will not infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

12.5. By using the Wolt Service, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Wolt generally does not review content provided by the Partners. Wolt is not responsible for third parties' (including the Partners') content or information or for any damages arising as a result of the use of or reliance on it. Wolt especially does not warrant the availability, quality and fitness of Retail products.

12.6. You or the Customer Organization shall be responsible for obtaining and maintaining any devices or equipment (such as telephones) and connections needed for access to and use of the Wolt Service and all charges related thereto.

12.7. The User will not: (i) use or attempt to use another person’s personal Wolt account and/or access another person’s personal payment data through the Wolt Service or use another person’s personal payment cards when using the Wolt Service, without consent of that other person; (ii) copy, modify or create derivative works of the Wolt Service or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Wolt Service or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the Wolt Service; (v) remove, cover or obscure any advertisement included on the Wolt Service; (vi) collect, use, copy, or transfer any information obtained from the Wolt Service without the consent of Wolt; (vii) use bots or other automated methods to use the Wolt Service; (viii) create a Wolt account using a fake identity or an identity of another person; or (ix) access the Wolt Service except through the interfaces expressly provided by Wolt, such as the Wolt App and Wolt Website.

12.8. You are not permitted to use the Wolt Service or any content thereof for other than non-commercial purposes. Use of any kind of systematic retrieval, such as use of any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Wolt Service is strictly forbidden. 

12.9. Wolt is, at its sole discretion, entitled to remove or suspend a User from the Wolt Service with immediate effect and/or refuse or cancel any Orders from a User if: (i) the User abuses the Wolt Service or causes any harm or detriment to the use of the Wolt Service or the Partners or Wolt or Wolt’s employees, (ii) Wolt has reasonable belief of fraudulent acts by the User when using the Wolt Service, (iii) the User places a false Order (for example by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations arising from these Terms of Service; (iv) there is reasonable doubt about the correctness or authenticity of the Order; or (v) the User engages in threatening, harassing, racist, sexist or any other behavior that Wolt deems inappropriate towards Partners or Wolt's employees or Courier Partners. If, based on this section, Wolt cancels an Order that has already been paid for, Wolt shall transfer that amount into the same user account or Wolt for Work Account as the one from which the payment was made by the User.

12.10. The controller of the personal data collected about Users is Wolt Enterprises Oy, unless otherwise indicated. Wolt Enterprises Oy shall process any personal data collected from the User in accordance with Wolt Privacy Statement.

12.11. The User must comply with applicable third party terms of agreement when using the Wolt App or the Wolt Service.

12.12. The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. 

13. Term and termination

13.1. These Terms of Service are in force as a binding agreement between Wolt and the User until further notice as long as the User is using the Wolt Service. 

13.2. The User can discontinue the use of the Wolt Service at any time. Wolt can discontinue providing the Wolt Service permanently or temporarily at any time.

14. Complaints

14.1. Please note that the Wolt Service may at any time be interrupted or permanently discontinued. The Wolt Service may also be temporarily suspended. Do not use the Wolt Service for backing up any data. While Wolt makes reasonable efforts to provide the Wolt Service without errors and in a timely manner, Wolt disclaims all representations and warranties which are not expressly set out in these terms. Wolt makes no representation or warranty regarding the reliability, timeliness, quality or suitability of the Wolt Service or any goods or services provided through the platform, or that the Wolt Service will be uninterrupted or error-free. 

14.2. The Partner is committed to prepare the Order in accordance with the features ordered by the User and within the time shown on the Wolt Service. If there are any defects in the Order or the delivery of the Order, the User may contact either the customer service of Wolt, acting on behalf of Partner regarding the Order, through the in-app customer support chat or at support@wolt.com, or the Partner directly (regarding defects in the Order).

14.3. Complaints submitted to Wolt can be put forward either through the in-app customer support chat or at support@wolt.com, or via post to Wolt’s registered seat as indicated above under Section 2.

14.4. The Partner is solely liable for any defects in the contents and preparation of the Order or other shortcomings in the performance of the Purchase Agreement.

14.5. The User who has discovered shortcomings in the performance of the Purchase Agreement must submit any complaints to Wolt or the Partner without delay, with clear descriptions of said shortcomings. For Retail Products, notices of defects should be placed within a reasonable time from detecting the defect, however no later than within two months after being detected. Please note that in case of defects in foodstuffs or other products that by their nature spoil or age rapidly, it is crucial that You notify the defect as soon as possible to enable proper investigation and verification of the defect. In case of a defect in the Retail Products, You will be reimbursed in accordance with applicable laws.

14.6. Wolt excludes all liability for loss or damage which you or any third party may incur in connection with the Wolt Service, unless caused by Wolt’s intent or gross negligence, or any other liability which cannot be excluded or limited under applicable law.

14.7. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Wolt App. To the extent that any maintenance or support is required by applicable law, we, not Apple, shall be obligated to furnish any such maintenance or support. To the extent any warranty exists under law that cannot be disclaimed, we, not Apple, shall be solely responsible for such warranty. We, not Apple, are responsible for addressing any claims of the User or any third party relating to the iOS Wolt App or the User’s possession and/or use of the iOS Wolt App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Wolt App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the iOS Wolt App’s use of the HealthKit and HomeKit frameworks.

15. Applicable Law and Dispute Resolution

15.1. These Terms of Service shall be governed by and construed in accordance with the laws of Hungary. 

15.2. If you are a consumer, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. 

15.3. Should the dispute not be subject to the competence of a court in Budapest or Pest county due to the applicable general rules on competence, Parties stipulate the exclusive jurisdiction of Buda Central District Court (“Budai Központi Kerületi Bíróság”) and Municipal Court of Székesfehérvár (“Székesfehérvári Törvényszék”) depending on their competence. For sake of clarity, if one of the parties involved in a dispute is a consumer, the aforementioned does not override the consumer-friendly competence rules as set out in the applicable laws.

If you are a User domiciled in the EU, you and Wolt may also use the ODR platform managed by the European Commission to settle disputes. This platform can be found on ec.europa.eu/odr. 

You may always refer a dispute to the consumer dispute resolution body or other non-judicial institutions (in Hungary the competent Hungarian government office which also acts as authority for consumer protection).

The disputes resolution body competent based on Wolt’s seat is the Budapest Conciliation Board (Budapesti Békéltető Testület), seat: 1016 Budapest, Krisztina krt. 99. I. em. 111., postal address: 1253 Budapest, Pf.: 10.).

16. Amendments

16.1. These User Terms of Service are subject to amendments.

16.2. You can find the current version of the User Terms of Service on the Wolt Website. Wolt will notify the Users in advance on material changes to the User Terms or the rights of Users, within the Wolt Services or to the e-mail address provided by the User in the Wolt Service. If the User does not agree to any amended Wolt Terms of Service, he/she shall discontinue the use of the Wolt Service. Using the Wolt Service after such notice of the changes to the User Terms of Service was provided shall be considered as express acceptance thereof by You.

17. Assignment

17.1. Wolt shall be entitled to assign or transfer all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Wolt Service without the User’s prior consent.

17.2. The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.

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Special rules applicable to McDonald’s Orders

GENERAL TERMS AND CONDITIONS - McDONALD’s RESTAURANTS

McDonald’s restaurants are operated by Progress Étteremhálózat Kft. (seat: 1095 Budapest, Soroksári út 30-34.) or a Developmental Licensee Partner of McDonald’s or by a Franchise partner contracted by Progress Étteremhálózat Kft.

In cases detailed in Section 5.2 of this GTC the operator and data controller of the McDonald’s restaurants engaged in home delivery are as follows:

Restaurants operated by Progress Étteremhálózat Kft (1095 Budapest, Soroksári út 30-34:

Restaurant’s name:                 Restaurant’s address:

McDonald's® | Nyugati tér     1062 Budapest, Teréz krt 55

McDonald's® | Budafoki út    1117 Budapest, Budafoki út 113.

McDonald's® | Budaörs         2040 Budapest, Garibaldi út 2.

McDonald's® | Budaörs II      2040 Budapest, Kinizsi út 1-3.

McDonald's® | Budaörsi út    1112 Budapest, Budaörsi út 112.

McDonald's® | Campona Drive               1223 Budapest, Nagytétényi út 37-45.

McDonald's® | Duna Pláza     1138 Budapest, Váci út 178-192.

McDonald's® | Egressy tér     1149 Budapest, Egressy tér

McDonald's® | Gyáli út                                  1097 Budapest, Gyáli út 46-48.

McDonald's® | Gyömrői út    1103 Budapest, Gyömrői út 99.

McDonald's® | Győr Baross utca                 9023 Győr, Baross u. 23.

McDonald's® | Győr Pápai út 9024 Győr, Pápai út 2856/3. Hrsz.

McDonald's® | Győr Vasvári Pál                   9023 Győr, Vasvári Pál u. 1.

McDonald's® | Hungária Krt. 1146 Budapest, Hungária krt. 175.

McDonald's® | József körút   1088 Budapest, József krt. 52-56.

McDonald's® | Kerepesi út     1106 Budapest, Kerepesi út 73.

McDonald's® | Lurdy ház       1097 Budapest, Könyves K. krt 12-14.

McDonald's® | Miskolc Búza tér                    3526 Miskolc, Búza tér 1.

McDonald's® | Miskolc II.     3529 Miskolc, Soltész N. Kálmán u. 152.

McDonald's® | MOM Park     1123 Budapest, Alkotás utca 53.

McDonald's® | Margit Híd     1137 Budapest, Szent István krt 2.

McDonald's® | Méta               1239 Budapest, Nagykőrösi út 347.

McDonald's® | Móricz Zsigmond                   1114 Budapest, Móricz Zsigmond kt. 3.

McDonald's® | Oktogon         1067 Budapest, Teréz körút 19.

McDonald's® | Pécs               7632 Pécs, Zsolnay V. u. 4-6.

McDonald’s® | Pécs Pláza     7632 Pécs, Megyeri út 76.

McDonald's® | Pécs Árkád    7622 Pécs, Bajcsy Zsilinszky u. 11.

McDonald's® | Régiposta utca                        1052 Budapest, Régiposta utca 10.

McDonald's® | Szeged Kárász utca                 6720 Szeged, Kárász utca 11.

McDonald's® | Szeged Rókusi Krt.                  6724 Szeged, Rókusi krt. 27.

McDonald's® | Széll Kálmán 1024 Budapest, Margit körút 103.

McDonald's® | Szentmihályi út                     1153 Budapest, Szentmihályi út 131.

McDonald's® | Tatabánya Vértes Center  2800 Tatabánya, Győri út 7-9.

McDonald's® | Vecsés           2220 Vecsés, Fő út 250.

McDonald's® | Vértesszőlős  2837 Tatabánya, Határ út 1-3.

McDonald's® | Vörösvári út   1035 Budapest, Vörösvári út 52-54.

McDonald's® | Árkád             1148 Budapest, Örs vezér tere 25.

McDonald's® | Üllői út           1098 Budapest, Üllői út 133-137.

Further McDonald's® restaurants and their operators:

1. Legal nature of the McDonald’s GTC 

1.1 The general terms and conditions in this chapter applicable to the McDonald’s restaurants (hereinafter: „McDonald’s GTC”) are applicable to all electronic commercial services provided by Wolt Magyarország Kft. (seat: 1085 Budapest, Salétrom utca 4. ground floor , company registry number: 01-09-322693, hereinafter: „Service provider”) through the website wolt.com (hereinafter: “Website”) or through the Service provider’s Application (hereinafter the Website and the Service provider’s Application jointly: “Service Platforms”) through which McDonald’s products are ordered by natural or legal person users (hereinafter: “User”), furthermore to the home delivery services provided by Service provider regarding McDonald’s products, irrespective of whether the given McDonald’s restaurant is operated by Progress Étteremhálózat Kft. (seat: 1095 Budapest, Soroksári út 30-34., company registry number: 01-09-078924, hereinafter: “Progress”) or by any of its franchise partners.

1.2. If there is any discrepancy between this McDonald’s GTC and the general terms and conditions of the Service provider, then the stipulations of this McDonald’s GTC are applicable and decisive for the ordering of foodstuff and drinks from the restaurants and their home delivery. Matters not regulated in this McDonald’s GTC shall be governed by the general terms and conditions of the Service provider. 

2. Orders and home delivery

2.1 User can order McDonald’s products with home delivery by the Service provider through the Service Platforms. Regarding the User’s order given through the Service Platforms, the contract for the sale and purchase of foodstuff and drinks is concluded between User and Progress or the Franchise partner operating the restaurant; furthermore the service contract for the home delivery of foodstuff and drinks are concluded between User and the courier partner of the Service provider delivering to the given order. 

2.2 All User payments in connection with the orders of McDonald’s products are collected by Service provider on behalf of and for the benefit of Progress or the Franchise partners. For the sake of clarity, it is noted that this section does not pertain to the fee for the delivery of the order as it is regulated in section 2.3.

2.3 Service provider is entitled to determine a delivery fee for the Users that is paid by the Users through the Service provider to the courier partners of the Service provider. 

2.4 Users accept that Service provider is not entitled to accept orders from McDonald’s restaurants that were prepared for takeaway, i.e. not entitled to enable purchase from McDonald’s restaurants in such way that the User orders the product through the Service Platforms but picks them up himself/herself or by a third person at the McDonald’s restaurant.

2.5. The Users accepted that Progress is entitled to set a minimum order value that is currently a gross amount of HUF 2,000 / order. Users accept that Progress is entitled to set a maximum order quantity (by item number or by gross amount), especially with a view to the capacity of the delivery vehicles of Service provider and the number of couriers available for the delivery of a single order. Users will be informed about the maximum order quantity during the order process before finalizing the order.

2.6 Home delivery from McDonald’s restaurants is available Monday through Sunday from 10.30 am until 10 pm. Progress can modify this at any time based on an agreement with Service provider.

2.7 Users can only pay for the orders in the following way: bank card and SZÉP Card. Cash payment is not accepted. 

2.8 Progress and the Franchise partners are entitled in justified cases to suspend receiving orders as an exceptional measure. Users accept that Progress and its Franchise partners are entitled to suspend receiving orders for certain products, especially due to the temporary shortage of the product. 

2.9. Service provider publishes on the Service Platforms the foreseeable delivery time and makes the foreseeable delivery time from the chosen restaurant accessible for Users prior to making the order. User can pursue claims originating from the delay of deliveries only against Service provider. Users acknowledge that Service provider is responsible only for the home delivery but assumes no responsibility regarding the products, their ingredients, quality or quantity. 

2.10. Users accept that Service provider provides its services as an independent legal entity with the engagement of subcontractors and contributors. Users accept that Progress and its Franchise partners bear no responsibility for the services and operation of Service provider, including the activities of the courier partners performing the home delivery.

2.11 Users acknowledge that the promotion coupons of Progress or of its Franchise partners cannot be used for the orders of McDonald’s products. 

2.12 By making the order User represents to accept this McDonald’s GTC and considers it binding.

2.13 Users are not entitled to withdraw from the order once the order has been processed. An order is processed when the restaurant receives the order. Thus, if the order is received by a McDonald’s restaurant, then User cannot withdraw from the order. 

2.14 Only Service provider is liable towards Users in all such cases when the information available on the Service Platforms contradict the information concerning the McDonald’s restaurants and products provided by Progress or the Franchise partners to Service provider.

2.15 Service provider is solely responsible for the proper and safe operation of the Service Provider’s Platforms (including: free of malware) towards the Users and Users accept that they cannot pursue any claims in this regard against Progress or the Franchise partners.

2.16 Users acknowledge that the McDonald’s restaurant chain might offer different products or a narrower range of products on the Service Platforms than in the brick and mortar restaurants. Consequently, Users accept that the McDonald’s products and offers available on the Service Platform might be different from the McDonald’s products and offers available in the restaurants.

2.17 Users accept that Progress and the Franchise partners assigned and authorized Service provider to issue invoices on their respective behalf that otherwise they should take care of, including the performance of the data supply obligations concerning the invoices that would otherwise oblige the party subject to the invoicing obligation, therefore invoices to the Users will be issued by the Service provider.

3. McDonald’s product information 

3.1 Users accept that that the range of McDonald’s products available for ordering and all the related information (especially but not exclusively: obligatory product information required by the laws and other product information, including ingredients, allergen information, product images and other information) are available on the website www.mcdonalds.hu that is also linked from the Service Platforms. Service provider is not responsible for the legal compliance and full scope nature of this information.

3.2 Users accept that before ordering McDonald’s products from the Service Platforms they are obliged to gather information regarding the McDonald’s products, especially obliged to gather information on the ingredients, allergens and other product information of the selected McDonald’s products. Progress and its Franchise partners undertake responsibility only for that the McDonald’s products are in line with the product information published on the website www.mcdonalds.hu. Users acknowledge that the Service provider is not responsible for the matters regulated in this section. Users are solely liable for picking the products that fulfil the requirements of the Users, including e.g. a product that is gluten-free. 

4. Complaint handling

4.1 Parties state that this section 4 applies to complaints, feedback, questions received from any User or from any potential User that concern McDonald’s products and/or the delivery service or is in connection therewith (hereinafter: Complaint). 

4.2 Service provider operates a customer service that is accessible through the following contacts for the Users: email, postal mail and chat as follows:

Mailing address: 1086 Budapest, Salétrom utca 4, földszint

Email: support@wolt.com

Service provider makes customer service available also through a chat available on Service Platforms.

Nevertheless, if the Users decide so, they are also free to communicate their Complaints through the following contact details of Progress: the email address info@hu.mcd.com or in mail sent to Progress Étteremhálózat Kft., Budapest 1476, Pf. 53. Users acknowledge that Complaints sent to the info@hu.mcd.com email address or any other Progress contact line, forum or email address which concern delivery, can be forwarded by Progress to the customer service of Service provider.

4.3 Users acknowledge that Service provider is obliged to forward any Complaints or any enquiries without undue delay to the email address info@hu.mcd.com but within 24 hours from the receipt of the Complaint or enquiry at the latest if the Complaint concerns McDonald’s and/or its products or if the Complaint raises issues that belong to the competence of the restaurants (irrespective of the available evidences), except for Complaints concerning the order and/or delivery of McDonald’s products (see section 4.4) and Complaints not concerning quality defects (see section 4.5).

In cases detailed in this section Service provider sends a reply regarding the Complaint to User as soon as possible but the Complaints are reviewed, remedied and replies to Users are sent usually by Progress and /or the Franchise partner about which Service provider is informed, if necessary. However, in the cases detailed in this section, the Complaints might be also replied and/or remedied by Service provider.

4.4 If a Complaint concerns the ordering of products and/or delivery services (excluding section 4.3 when Progress or the Franchise partner is obliged to reply to the Complaints), then complaint handling is exclusively arranged by Service provider and Users should send their Complaints only to Service provider (also keeping the option available as detailed in the last paragraph of section 4.2) and the Complaint will be handled by the Service provider. 

4.5 If Service provider receives a Complaint that does not concern the quality of the products (especially including products missing from the package, swapping of orders, ingredients missing from a product), then Progress or its Franchise partners are entitled to take over the handling of the Complaint or to reject the Complaint, or in lack thereof Service provider is entitled to handle the Complaints of the Users. 

4.6 Users accept that Service provider, Progress and its Franchise partners are entitled and obliged to reply to and remedy the Complaints in their respective competence as soon as possible but in any case within the statutory deadlines.

5. Data protection

5.1 Users accept that Service provider, Progress and its Franchise partners are independent data controllers regarding their own processing activities performed in their own sphere of interest as follows:

Service provider provides information to Users on the data processing activities concerning the use of the Service Platforms (including e.g. the visit to the website, registration and orders) in a privacy policy available on wolt.com. 

Data processing activities concerning the order and delivery of McDonald’s products are primarily carried out by Service provider, while Progress and its Franchise partners process personal data only as detailed in this section 5 of this GTC (Data protection). If the content of this GTC departs from the rules detailed in the privacy policy of Service provider, then this information shall prevail.

5.2. User personal data are processed by Progress or its Franchise partners as follows for the conclusion and fulfilment of the contract between Service provider and Progress/Franchise partner, the contract between User and Service provider, furthermore the contract between User and Progress/Franchise partners:

5.2.1. Order and delivery

After the order was placed, Service provider forwards the first letter of the surname, the given name and the phone number of the User to Progress or to its Franchise partner pursuant to Item b) of Article 6(1) GDPR beyond the information on the order (order number, date, time, name and price of ordered products). 

The data transfer is necessary for the identification of the order, for the communication with the courier and the delivery of the products.

Progress and its Franchise partner does not store the so received personal data once the products were handed over to the courier.

5.2.2 Fulfilment of accountancy obligations

For invoicing purposes, also with a view to section 2.17, Service provider transmits the information in the invoices or in similar documents to Progress or to the Franchise partners so that they can perform their obligations under the Act on Accountancy and Act on VAT.

The recipient of the information processes the information for 8 years in its own system in line with § 169(2) of Act no. C of 2000 on accountancy for the purposes of the documentation of the purchase and of the payment and to perform accountancy obligations in line with Items b) and c) of Article 6(1) GDPR.

Data processors: 

5.2.3. Complaint handling

Service provider forwards the User personal data (full name and email and other information detailed in the complaint and communicated to the partner concerning the review of the complaint) pursuant to Item b) Article 6(1) GDPR for the handling of Complaints that may be subject to section 4.3 to Progress or to the Franchise partners. Service provider informs the User on the data transfer simultaneously or in advance in email by providing information on the recipient of the data transfer (name, seat and accessibility of the privacy policy). 

If a Complaint belonging to the competence of the Service provider (section 4.4) is learned by Progress or by a Franchise partner or if a Complaint belongs to the competence of Progress or of the Franchise partner (section 4.3) but might also concern Service provider, then the personal data of the User in connection with the review of the complaint are forwarded by Progress or by the Franchise partners to Service provider in line with Item b) Article 6(1) GDPR for the purposes of the handling of the Complaint and/or for replying the Complaint. 

The data controller receiving the personal data processes the received data and the data generated during the inspection of the complaint for 5 years for the purposes of handling complaints and quality objections in line with items b) and c) of Article 6(1) GDPR also with a view to § 17/A(7) of Act no. CLV of 1997 on consumer protection.

5.2.4 Control

Users acknowledge that Service provider forwards information to Progress for controlling purposes based on the legitimate interest of the parties. Service provider informs the Users on the data processing in its privacy policy.

5.2.5. Rights and remedies

Data subjects are entitled to receive information concerning the processing of the personal data pertaining to them and can ask for the rectification of their personal data.

Data subjects can ask for the erasure of the processed personal data, the restriction of the processing and can make use if their right for data portability and can object against the processing by notifying the data controller.

Data subjects are entitled to receive feedback from the controller whether their personal data are being processed and if the answer is positive, then data subjects are entitled to gain access to the personal data and to information on the processing.

If any of the cases enlisted in GDPR occurs, then the data subject is entitled to request the deletion of the personal data pertaining to the data subject without undue delay from the controller or to restrict their processing.

Data subjects can object against the processing of their personal data or the profiling based on such personal data. The data subject should have the right not to be subject to a decision, which may include a measure, evaluating personal aspects relating to him or her which is based solely on automated processing and which produces legal effects concerning him or her or similarly significantly affects him or her.

The controller informs the data subject on the measures taken as a result of the enquiry of the data subject within one month from the receipt of the enquiry.

Data subjects can send their remarks to the controller or choose the judicial route and file a lawsuit with the court having geographical jurisdiction based on the residence of the data subject or the seat of the data controller or may file a complaint with the National Data Protection and Freedom of Information Authority (1055 Budapest, Falk Miksa utca 9-11, mailing address: 1363 Budapest, Pf. 9.)

6. Closing provisions 

6.1 Progress and its Franchise partners refrain from subjecting themselves to any code of conduct. 

6.2 Progress and its Franchise partners are entitled at any time to amend the conditions of this McDonald’s GTC in agreement with the Service provider. Any amendments shall enter into force once published on the Service Platforms.

*****

Effective from 04/07/2023

Guidelines for Wolt Partners