Elbin Kft
Aromapalota.hu GTC
Aromapalota.hu
General Terms and Conditions
The contract created on the basis of this document is not filed (not subsequently accessible; the order data prove the conclusion of the contract), is established by a conclusive legal declaration, does not qualify as a written contract, is written in Hungarian, and does not refer to a code of conduct. For any questions regarding the operation, ordering, and delivery process of the webshop, our customer service is available via our provided contact details.
The scope of these GTC covers legal relationships occurring on the Service Provider’s website (https://aromapalota.hu) and its subdomains. These GTC are continuously available (and downloadable, printable at any time) from the following website:
https://aromapalota.hu/aszf.
Definitions:
User: Any natural person, legal entity, or organization who uses the Service Provider’s services and concludes a contract with the Service Provider.
Consumer: A User who is a natural person acting outside the scope of their profession, independent occupation, or business activity.
Business: A person acting within the scope of their profession, independent occupation, or business activity.
Service Provider: A natural person or legal entity, or organization without legal personality, providing a service related to the information society, who provides a service to the User and concludes a contract with the User.
Felhasználó részére szolgáltatást nyújt, aki a Felhasználóval szerződést köt.
Table of Contents
The name of the service provider: Elbin Kft.
The registered office of the service provider (and simultaneously the place of complaint handling): 1162 Budapest, Viola utca 57.
The contact details of the service provider, the regularly used electronic mail address used for contacting customers: aromapalota@gmail.com The service provider’s company registration/registry number: 0109692816
The service provider’s tax number: 12564495-2-42
Name of the registering authority/licensing authority and license number (if any): Budapest Tribunal
The service provider’s phone number: +36-30-651-2566
The language of the contract: Hungarian
The name, address, and email address of the hosting provider:
Rackhost Zrt.
Address: 6722 Szeged, Tisza Lajos körút 41.
Phone number: 06-1/445-1200
E-mail: info@rackhost.hu
Web address: www.rackhost.hu
2.1. Hungarian law shall govern matters not regulated in these GTC, as well as the interpretation of these GTC, with particular regard to Act V of 2013 on the Civil Code (“Ptk.”), Act CVIII of 2001 on certain issues of electronic commerce services and information society services (Elker. tv.), as well as Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses. Sectoral legislation provisions concerning special products shall apply. The mandatory provisions of the relevant legislation shall apply to the parties without any special stipulation.
2.2. These GTC are effective from November 30, 2021, and remain in force until withdrawal. The Service Provider publishes amendments to these GTC on the website and notifies registered and/or previously purchasing Users of the changes via email. Amendments do not affect previously concluded contracts, meaning amendments have no retroactive effect.
2.3. The Service Provider reserves all rights regarding the website, any detail thereof, and the content appearing thereon, as well as the distribution of the website. Downloading, electronic storage, processing, and selling of content appearing on the website or any part thereof without the Service Provider’s written consent is prohibited (except for this document and the privacy policy).
2.4. The Service Provider assumes no liability for the purchase and sale of products published on other websites not attributable to the Service Provider and not operated by the Service Provider.
3.1. In the event of false data provided or data belonging to another person during the use/ordering/subscription of the service, the resulting electronic contract can be challenged by the authorized party before a court. As a result of a successful challenge (winning the lawsuit), the contract becomes invalid from the time of its conclusion, or if it conceals another contract, the rights and obligations of the parties must be judged on the basis of the concealed contract.
3.2. The Service Provider bears no liability whatsoever for delivery delays or other problems and errors attributable to incorrectly and/or inaccurately provided data by the User. However, the Service Provider informs the User that after consultation and clear identification with the User, incorrectly entered data in the order can be corrected so that invoicing and delivery do not encounter obstacles.
3.3. The Service Provider is not liable for damages resulting from the User forgetting their password or it becoming accessible to unauthorized parties due to any reason not attributable to the Service Provider (if there is registration on the site).
4.1. The displayed products can be ordered online from the webshop (in certain cases by phone). The prices displayed for the products are in forints, gross prices (i.e., they contain the legally prescribed VAT, or if the Service Provider issues an invoice exempt from VAT, the prices are the amounts to be paid), but they do not include the costs related to delivery and payment. No separate packaging cost is charged, unless the User requests gift packaging or other special packaging.
4.2. In the webshop, the Service Provider details the name and description of the product, and displays a photo of the products (if possible).
4.3. If a promotional price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration. The Service Provider acts lawfully when determining promotional prices, complying with the rules of Joint Decree 4/2009. (I. 30.) NFGM-SZMM on the detailed rules of displaying the selling price and unit price of products and the fee for services.
4.4. In the event of an incorrectly displayed price, the Service Provider is not obliged to confirm the order at that price, but has the option to reject the offer and offer confirmation at the correct, true price, upon knowing which the User has the right to:
not accept the modified offer and cancel the order.
maintain their order at the correct price.
Based on Act V of 2013 on the Civil Code (“Ptk.”), the contract is established by the mutual and consistent expression of the parties’ intent. If the parties cannot agree on the terms of the contract, meaning there is no statement mutually and consistently expressing the parties’ intent, then we cannot speak of a validly concluded contract from which rights and obligations arise.
Considered an incorrect price is
0 HUF,
1 HUF, or
the promotional price that does not correspond to the percentage rate of the discount relative to the original price. For example, if the original price of a product is 10,000 HUF and a 50% discount applies, the correct promotional price would be 5,000 HUF. It is counted as an incorrect price if 1,000 HUF or 2,000 HUF appears instead.
5.1. Following registration, the User logs into the webshop/or can begin shopping without registration.
5.2. The User sets the quantity of the product or products they wish to purchase. 5.3. The User places the selected products into the cart. The User can view the contents of the cart at any time by clicking on the “cart” icon.
5.4. If they do not wish to purchase any more products, they check the quantity of the product they wish to purchase. They can delete the contents of the cart by clicking on the “delete – X” icon. To finalize the quantity, the User clicks the “+, -” icon.
5.5. The User enters the shipping address, then the shipping/payment method, the types of which are as follows:
5.5.1. Payment methods:
Cash on delivery: If the ordered product is delivered by a courier service or to a pickup point, the User has the option to pay the total amount of the order to the courier or at the pickup point in cash or by bank card upon receipt of the ordered product(s).
Online bank card: The User has the option to pay the total value of the order online by bank card through the secure payment system of the financial service provider used by the Service Provider.
Bank card payment with Simple:
I acknowledge that my personal data stored below in the user database of https://aromapalota.hu by the Service Provider will be transferred to OTP Mobil Kft. as a data processor. The scope of data transmitted by the data controller includes the following: Billing name and address, email address, phone number.
The nature and purpose of the data processing activity performed by the data processor can be viewed in the SimplePay Privacy Policy at the following link: https://simplepay.hu/vasarlo-aff
5.5.2. Shipping cost (gross amounts):
1890 HUF
5.6. The total amount to be paid contains all costs based on the order summary and confirmation letter. The User, pursuant to the Ptk., 6:127. shall verify without delay, based on the §, whether the quality and quantity of the ordered product(s) are correct. Delivery of the product(s) takes place on working days between 8 AM and 5 PM.
5.7. Following the entry of data, the User can submit their order by clicking the “order” button, but before doing so, they can review the entered data once more, and can also send a comment with their order, or indicate any other request related to the order in this email.
5.8. The User acknowledges with the order that pursuant to Section 15(a) and other conditions (e.g., Section 20) of Government Decree 45/2014. (II. 26.), the order entails
an obligation to pay.
5.9. Correction of data entry errors: Before closing the ordering process, the User can always step back to the previous phase where they can correct the entered data. In detail: During the order, there is an opportunity to view and modify the contents of the cart; if the cart does not contain the desired quantity to order, the User can enter the number of items to order into the data entry field located in the quantity column. If the User wishes to delete the products found in the cart, they click the “X” “delete” button. During the order, the User has continuous opportunities to correct/delete the entered data.
5.10. The User receives a confirmation via email after submitting the order. If this confirmation does not arrive to the User within a reasonable deadline depending on the nature of the service from the sending of the User’s order, but no later than 48 hours, the User is released from the offer binding or contractual obligation. The order and its confirmation are considered received by the Service Provider or the User when it becomes accessible to them. The Service Provider excludes its liability for confirmation if the confirmation does not arrive on time because the User provided an incorrect email address during registration, or cannot receive messages due to the mailbox storage capacity being full.
5.11. The User acknowledges that the confirmation discussed in the previous point is merely an automatic confirmation and does not create a contract. The contract is established when the Service Provider notifies the User of the order details and expected fulfillment in another email following the automatic confirmation named in the previous point.
OF ORDERS
6.1. The processing of orders takes place during working hours. There is also an opportunity to place an order outside the times designated as order processing; if this happens after working hours, it will be processed on the following working day. The Service Provider shall in all cases confirm electronically when it can fulfill the order.
6.2. General fulfillment deadline is within 1–3 working days from the establishment of the contract.
6.3. Based on the sales contract, the Service Provider is obliged to transfer ownership of the goods, and the User is obliged to pay the purchase price and take delivery of the goods. 6.4. If the seller is a business and the buyer is a consumer, and the seller undertakes to dispatch the goods to the buyer, the risk of damage passes to the buyer when the buyer or a third party designated by them takes possession of the goods. The risk of damage passes to the buyer upon handover to the carrier, provided the carrier was commissioned by the buyer, assuming the carrier was not recommended by the seller.
6.5. In the event of the Service Provider’s delay, the User is entitled to set a additional deadline. If the seller fails to perform within the additional deadline, the buyer is entitled to withdraw from the contract. 6.6. The User is entitled to withdraw from the contract without setting an additional deadline, if a) the Service Provider refused to perform the contract; or
If the Service Provider falls into delay, the User may demand performance, or if their interest in the performance of the contract has ceased as a result of the delay, may withdraw from the contract.
The User does not need to prove the cessation of their interest in performance to withdraw, if
6.7. If the Service Provider fails to perform its obligation undertaken in the contract because the product specified in the contract is not available, it is obliged to inform the User thereof without delay, as well as to refund the amount paid by the User without delay, and furthermore the Service Provider is obliged to ensure that the User exercises other rights provided by law in the event of defective performance.
6.8. The Service Provider draws the attention of Users that if the User does not take delivery of the ordered product(s) performed in accordance with the contract (regardless of the payment method) following the due date, they fall into delay 6:156. precisely pursuant to Section (1) of § of the Ptk.
This means that the Service Provider, based on the rules of action without mandate – if the Consumer does not indicate their intention to withdraw (and makes no statement that they wish to take delivery of the product(s)) – shall enforce the usual costs of storage and shipping costs (both ways) against the Users.
The Service Provider draws the attention of Users that in order to enforce our legal claims arising herefrom, we enlist the help of a debt collector and/or lawyer, thus the payment of other (legal) costs arising from the breach of contract (such as the fees of the payment order procedure) shall be borne by the User.
7.1. Under the regulations of Directive 2011/83/EU of the European Parliament and of the Council and Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses, the Consumer is entitled to a right of withdrawal without justification.
The consumer’s right of withdrawal or cancellation
may be exercised within fourteen days from the date of receipt by the consumer or by a third party indicated by them, other than the carrier. If the Service Provider fails to comply with this information, the 14-day withdrawal period is extended by twelve months. If the Service Provider provides the information within 14 days from the date of receipt of the product or the conclusion of the contract for the provision of services, the deadline open for withdrawal expires 14 days from the communication of the information.
7.2. The Consumer may exercise their right of withdrawal by means of a clear statement to that effect, or by using the model statement set out in Annex 2 of Government Decree 45/2014. (II. 26.), or by using the withdrawal function. 7.3. The period open for exercising the right of withdrawal expires 14 days from the day on which the Consumer, or a third party other than the carrier and indicated by the Consumer, acquires physical possession of the goods.
7.4. The Consumer may also exercise their right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.
7.5. The direct cost of returning the product must be borne by the Consumer, unless the business has undertaken to bear this cost. Except if the product cannot be returned by mail as a postal item.
7.6. No costs other than the direct cost of returning the product shall be borne by the Consumer in the event of exercising the right of withdrawal.
7.7. The Consumer is not entitled to the right of withdrawal in the case of a non-pre-manufactured product that was produced based on the Consumer’s instructions or express request, or in the case of a product that is clearly personalized for the consumer.
7.8. The Consumer also cannot exercise their right of withdrawal (complete list of
exceptions based on the decree):
7.9. The Service Provider shall refund the total amount paid by the consumer as consideration, including costs incurred in connection with performance, without undue delay, but no later than within fourteen days from the date it becomes aware of the withdrawal. At the same time, the Service Provider is entitled to a right of retention. 7.10. During the refund, we use a payment method identical to the payment method applied during the original transaction, unless the Consumer expressly consents to the use of another payment method; no extra cost shall be borne by the Consumer as a result of the application of this refund method. 7.11. The Consumer is obliged to return the goods without undue delay, but no later than 14 days from the date of sending their notification of withdrawal from the contract to the Service Provider, or hand them over. If the business sells goods in its store and the consumer exercises their right of withdrawal personally at the business’s store, they are entitled to return the goods to the business simultaneously.
7.12. In the event of a written withdrawal by the Consumer, it is sufficient to send the withdrawal statement within 14 days.
7.13. The Consumer complies with the deadline if they send back or hand over the product(s) before the 14-day period expires. Return is considered completed on time if the Consumer dispatches the product before the deadline.
7.14. The Consumer shall bear solely the direct cost of returning the product. Except if the product cannot be returned by mail as a postal item. 7.15. The Service Provider is not obliged to reimburse the Consumer for any extra costs resulting from the choice of a delivery mode other than the cheapest usual delivery mode offered by the Service Provider.
7.16. The Service Provider may withhold the refund until it has received the goods back, or the Consumer has provided proof that they have sent them back: the earlier of the two dates must be taken into account. 7.17. If the Consumer wishes to exercise their right of withdrawal, they can indicate their intention in writing through any of the Service Provider’s contact details (even with the help of the enclosed data sheet), by phone, via the withdrawal function, or even personally. By post
in the case of notification in writing, the date of posting is taken into account, while in the case of notification by phone, the phone call notification is taken into account. The Consumer may return the ordered product to the Service Provider by post or by means of a courier service.
7.18. The Consumer is liable only for depreciation of the product resulting from use exceeding that necessary to establish the nature, characteristics, and functioning of the product.
7.19. Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses can be accessed here.
7.20. Directive 2011/83/EU of the European Parliament and of the Council can be accessed here 7.21. The Consumer may also contact the Service Provider with other complaints via the contact details found in these GTC.
7.22. The right of withdrawal only belongs to Users who qualify as consumers under the Civil Code.
7.23. The right of withdrawal does not belong to a business, i.e., a person acting within the scope of their profession, independent occupation, or business activity. 7.24. (To be applied only if the Service Provider provides a service in addition to the sale.) If the Consumer terminates the contract concluded between absentees after the commencement of performance, they are obliged to pay the business a fee proportional to the service performed up to the date of communication of the cancellation to the business. The amount to be paid proportionally by the Consumer must be determined based on the total amount of the consideration increased by tax established in the contract. If the Consumer proves that the total amount determined in this way is excessively high, the proportional amount must be calculated based on the market value of the services performed up to the date of termination of the contract.
7.24. Procedure for exercising the right of withdrawal:
7.24.1. If the Consumer wishes to exercise their right of withdrawal, they are obliged to indicate their intention to withdraw on the Service Provider’s contact details.
7.24.2. The Consumer exercises their right of withdrawal within the deadline if they send/make their withdrawal statement before the expiry of the 14th day calculated from receipt of the product. In the case of withdrawal in writing, it is sufficient to send the withdrawal statement within 14 days. In the case of notification by post, the date of posting, and in the case of notification via email, the time of sending the email shall be taken into account. 7.24.3. In the event of withdrawal, the Consumer is obliged to return the ordered product to the Service Provider’s address without undue delay, but no later than 14 days from the communication of their withdrawal statement. Compliance with the deadline is considered met if the Consumer dispatches the product before the expiry of the 14-day deadline (thus it does not need to arrive within 14 days). The ordering party bears the direct costs arising in connection with the return of the goods due to the exercise of the right of withdrawal.
If the business sells goods in its store and the consumer exercises their right of withdrawal personally at the business’s store, they are entitled
simultaneously to return the goods to the business.
7.24.4. However, the Service Provider is not obliged to reimburse the Consumer for extra costs resulting from the choice of a delivery mode other than the cheapest usual delivery mode offered by the Service Provider. The Consumer may also exercise their right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.
7.24.5. In the case of the sale of multiple products, if the supply of each product takes place at a different time, the customer may exercise the right of withdrawal within 14 days from the receipt of the last supplied product, or in the case of a product consisting of multiple lots or pieces, from the receipt of the last delivered lot or piece.
Defective performance
The obligor performs defectively if the service does not comply with the quality requirements established in the contract or by law at the time of performance.
The obligor does not perform defectively if the obligee knew of the defect at the time of concluding the contract, or should have known of the defect at the time of concluding the contract.
In a contract between a consumer and a business, any stipulation that deviates from the provisions of this chapter concerning supplies warranty and product warranty to the detriment of the Consumer is null and void.
User qualifying as a business: any person acting within the scope of their profession, independent occupation, or business activity.
Supplies warranty
8.1. In what cases can the User exercise their right to supplies warranty? In the event of defective performance by the Service Provider, the User may enforce a supplies warranty claim against the Service Provider according to the rules of the Civil Code. 8.2. What rights are available to the User based on their supplies warranty claim? The User may – at their choice – make the following supplies warranty claims: they may request repair or replacement, unless fulfilling the claim chosen by the User is impossible or entails disproportionate extra costs for the business compared to fulfilling another claim. If repair or replacement was not requested or could not be requested, they may request a proportional reduction of the consideration or – as a last resort – withdraw from the contract. The User may switch from their chosen supplies warranty right to another, but the costs of the switch shall be borne by the User, unless it was justified or the business gave cause for it. The Consumer is also entitled – adjusted to the gravity of the breach of contract – to demand a proportional reduction of the consideration, or to terminate the sales contract, if
The User is entitled to withhold the remaining part of the purchase price – adjusted to the gravity of the breach of contract – in whole or in part until the business fulfills its obligations regarding the conformity of performance and defective performance.
The reasonable time available for completing the repair or replacement of the goods must be calculated from the time the consumer notified the business of the defect. The consumer must make the goods available to the business in order to fulfill the repair or replacement.
The business must ensure the return of the replaced goods at its own expense. If the repair or replacement necessitates the removal of goods that were installed in accordance with the nature and purpose of the goods – before the defect became recognizable – the obligation to repair or replace includes the removal of the non-compliant goods and the installation of the replacement or repaired goods, or bearing the costs of removal and installation.
The reduction of consideration is proportional if its amount equals the difference between the value of the goods due to the consumer in case of contract-compliant performance and the value of the goods actually received by the consumer.
The consumer’s supplies warranty right to terminate the sales contract can be exercised by means of a legal statement addressed to the business expressing the decision to terminate.
If the defective performance affects only a specific part of the goods provided under the sales contract, and the conditions for exercising the right to terminate the contract exist in respect of those, the consumer may terminate the sales contract only in respect of the defective goods, but may also terminate it in respect of any other goods acquired together with them, if the consumer cannot reasonably be expected to keep only the goods complying with the contract. If the consumer terminates the sales contract in whole or in respect of a part of the goods provided under the sales contract, then
a) the consumer must send back the affected goods to the business at the business’s expense; and
8.3. Within what deadline can the User enforce their supplies warranty claim? The User (if they qualify as a consumer) is obliged to notify the defect immediately after discovery, but no later than within two months from the discovery of the defect. At the same time, we draw your attention to the fact that beyond the two-year (1 year in the case of businesses or used products) limitation period calculated from the performance of the contract, you can no longer enforce your supplies warranty rights. (In the case of products with an expiry date, the supplies warranty can be enforced until the
end of the expiry date).
If the product containing digital elements involves the continuous provision of digital content or digital services over a specified period, the business is liable for the defect of the goods related to the digital content or digital service, provided that the defect occurs
a) in the case of continuous service for a period not exceeding two years, within two years from the performance of the goods; or
occurs or becomes recognizable.
8.4. Against whom can you enforce your supplies warranty claim?
The User can enforce their supplies warranty claim against the Service Provider. 8.5. What other conditions are there for enforcing your supplies warranty rights (if the User qualifies as a Consumer)?
Within 1 year from performance, there are no other conditions for enforcing your supplies warranty claim beyond notifying the defect, if the User proves that the product or service was provided by the business operating the webshop. However, after 1 year has elapsed from performance, the User is obliged to prove that the defect recognized by the User already existed at the time of performance. Product warranty
8.6. In what cases can the Consumer exercise their product warranty right and what rights are available to the Consumer based on their product warranty claim?
In the case of a defect in a movable thing, the Consumer may – at their choice – exercise their supplies warranty right or enforce a product warranty claim according to the rules of the Civil Code.
As a product warranty claim, the Consumer may request the repair or replacement of the defective product.
8.7. Against whom can you enforce your product warranty claim?
You can exercise your product warranty rights against the manufacturer or distributor of the product (hereinafter together: manufacturer).
8.8. In what case is the product considered defective?
A product is defective if it does not comply with the quality requirements effective at the time of placing on the market, or if it does not possess the characteristics set out in the description given by the manufacturer.
8.9. Within what deadline can the Consumer enforce their product warranty claim? The Consumer can enforce their product warranty claim within two years from the date the product was placed on the market by the manufacturer. Upon the expiry of this period, they lose this right.
8.10. What rule of proof applies in the event of enforcing a product warranty claim?
In the event of enforcing a product warranty claim, you must prove that
the product defect existed at the time of placing on the market by the manufacturer. 8.11. In what case is the manufacturer exempt from its product warranty obligation? The manufacturer is exempt from its product warranty obligation only if it can prove that
– the product was not manufactured or placed on the market in the course of its business activity, or
– the defect was not recognizable according to the state of science and technology at the time of placing on the market, or
– the defect of the product originates from the application of legislation or mandatory regulatory requirements. It is sufficient for the manufacturer to prove one cause for exemption.
I call your attention to the fact that the Consumer may enforce a supplies warranty claim against the business and a product warranty claim against the manufacturer simultaneously, in parallel. However, in the event of the successful enforcement of your product warranty claim, your supplies warranty claim for the replaced product or the part of the product involved in repair can henceforth only be enforced against the manufacturer.
8.12. In the case of a contract between a consumer and a business, until the contrary is proven, it must be presumed that a defect recognized by the consumer within 1 year following performance already existed at the time of performance, unless this presumption is incompatible with the nature of the goods or the nature of the defect. Based on this, the Service Provider is not liable for warranty or guarantee if it can prove that the damage arose from faulty or careless handling after the transfer of risk of damage, excessive use, influences differing from specified ones, or other improper use of the products.
(IN CASE OF USERS QUALIFYING AS CONSUMERS)
9.1. In a contract between a consumer and a business, the provisions of Government Decree 19/2014. (IV. 29.) NGM on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business cannot be deviated from to the detriment of the Consumer. 9.2. The consumer’s obligation is to prove the conclusion of the contract (with an invoice, or even just a receipt).
9.3. Costs related to the fulfillment of the warranty obligation shall be borne by the Service Provider (Civil Code Section 6:166).
9.4. The Service Provider is obliged to record a report on the supplies warranty or guarantee claim reported by the Consumer.
9.5. A copy of the report must be provided to the Consumer immediately in a verifiable manner.
9.6. If the Service Provider cannot state its position on the fulfillment of the Consumer’s supplies warranty or guarantee claim at the time of its notification – in case of rejecting the claim, also regarding the reason for rejection and the possibility of turning to a conciliation body – it is obliged to notify the Consumer in a verifiable manner within five working days.
9.7. The Service Provider is obliged to keep the report for three years from the date of its recording and present it at the request of the inspection authority.
9.8. The Service Provider must endeavor to carry out the repair or replacement within a maximum of fifteen days. If the duration of the repair or replacement exceeds 15 days, the Service Provider is obliged to inform the consumer of the expected duration of the repair or replacement. The information shall be provided electronically or by another method suitable for verifying receipt by the consumer, subject to the consumer’s prior consent.
10.1. The Service Provider is entitled to use an authorized agent to fulfill its obligation. It bears full liability for the unlawful conduct of such agent as if it had committed the unlawful conduct itself.
10.2. If any part of these GTC becomes invalid, unlawful, or unenforceable, it shall not affect the validity, legality, and enforceability of the remaining parts.
10.3. If the Service Provider does not exercise a right due to it under the GTC, the failure to exercise a right shall not be considered a waiver of that right. Waiver of any right is valid only upon an express written statement to that effect. The fact that the Service Provider on one occasion does not strictly insist on any essential condition or stipulation of the GTC does not mean that it waives insisting on the strict compliance with that condition or stipulation in the future.
10.4. The Service Provider and the User shall try to settle their disputes peacefully. 10.5. The Parties record that the Service Provider’s webshop operates in Hungary, and its maintenance is also carried out here. Since the site can also be visited from other countries, Users expressly acknowledge that the law governing the relationship between the User and the Service Provider is Hungarian law. If the User qualifies as a Consumer, then pursuant to Section 26 (1) of the Code of Civil Procedure (Pp.), the court of the Consumer’s domestic residence shall have exclusive jurisdiction in any disputes arising from this contract against the Consumer.
10.6. The Service Provider – regarding access to the products found in the webshop – does not apply different general conditions of access for reasons related to the User’s nationality, place of residence, or place of establishment. 10.7. The Service Provider – regarding the payment methods accepted by it – does not apply different conditions to the payment transaction for reasons related to the User’s nationality, place of residence, or place of establishment, the place of account maintenance of the payment account, the place of establishment of the payment service provider, or the place of issuance within the Union of the cash-substitute payment instrument. 10.8. The Service Provider complies with the prohibition of unjustified territorial discrimination of the buyer based on nationality, place of residence, or place of establishment within the internal market,
action against content blocking and other forms of discrimination, as well as REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC.
(IN CASE OF USERS QUALIFYING AS CONSUMERS)
11.1. The Service Provider’s goal is to fulfill all orders in appropriate quality, with the complete satisfaction of the ordering party.
11.2. The consumer may communicate their complaint orally or in writing to the business. 11.3. The business shall examine the oral complaint immediately and remedy it as necessary. 11.4. If the consumer does not agree with the handling of the complaint, or immediate investigation of the complaint is not possible, the business shall immediately draw up a report on the complaint and its related position, and proceed according to the rules applicable to written complaints.
11.5. The business shall hand over a copy of the report to the consumer on the spot in the case of an orally communicated complaint presented in person,
11.6. The business is obliged to provide the oral complaint communicated via telephone or electronic telecommunications service with a unique identification number. 11.7. The report drawn up about the complaint must contain the following: a) the consumer’s name, residential address, or electronic mail address,
11.8. If the consumer does not provide the data contained in point 11.7. a) and c) during the recording of the report, or refuses the signature according to point 11.7. e), the business shall omit the application of the contents of point 11.9. during the settlement of the oral complaint.
11.9. The business shall – unless a directly applicable legal act of the European Union provides otherwise – reply in writing substantively in a verifiable manner and take action to communicate its notice within thirty days of receipt of the written complaint. A shorter deadline may be established by a statute, and a longer deadline by an act. The business is obliged to justify its position rejecting the complaint.
11.10. If the business provides an electronic surface or form for submitting written complaints, it is obliged to immediately confirm the receipt of the written complaint to the consumer at the electronic mail address provided by the consumer.
11.11. The business is obliged to keep a copy of the report drawn up on the oral complaint or the written complaint, as well as a copy of the substantive reply given to the complaint for three years, and present it at the call of the inspection authority.
11.12. In the event of rejection of the complaint, the business is obliged to inform the consumer in writing about which authority or conciliation body’s procedure can be initiated with their complaint – depending on its nature. The information must also contain the headquarters, telephone and internet contact details, and mailing address of the competent authority or the conciliation body competent for the consumer’s place of residence, stay, or headquarters. The information must also extend to whether the business has made a general submission declaration.
11.13. The business may omit the investigation of a repeat complaint made by the same consumer containing identical content to a previous complaint substantively answered, and containing no new information, as well as a consumer complaint made by an unidentifiable person.
11.14. We inform you that in case of rejection of your complaint, you can initiate the procedure of an authority or conciliation body as follows (the Service Provider has not made a general submission declaration):
11.15. The Consumer may turn with a complaint to the consumer protection authority: Pursuant to Section 45/A (1)-(3) of the Fgytv., and Government Decree 326/2024. (XI. 14.) on the designation of the consumer protection authority, the government office acts as the general consumer protection authority:
https://kormanyhivatalok.hu/kormanyhivatalok
11.16. In case of a complaint, the Consumer has the opportunity to turn to a conciliation body, the contact details of which can be found here:
Name of the conciliation body, Headquarters of the conciliation body,
Address: Jurisdiction area
Budapest
Budapest Conciliation Body
Address: 1016 Budapest, Krisztina
krt. 99. Phone number: (1) 488-2131
Budapest Conciliation Body
Baranya County Conciliation Body
Fax number: (1) 488-2186
President: Dr. Inzelt Éva
VeronikaWebsite:
https://bekeltet.bkik.hu/
E-mail address:
bekelteto.testulet@bkik.hu Pécs
Baranya County Conciliation Body
Address: 7625 Pécs, Majorossy Imre u. 36.
Phone number: (72) 507-154; (20) 283-3422
Fax number: (72) 507-152
President: Dr. Bércesi Ferenc Website:
Budapest
Baranya county, Somogy county,
www.baranyabekeltetes.hu
E-mail address:
Virtualjog.hu 25
info@baranyabekeltetes.hu
Tolna county
Borsod-Abaúj-Zemplén
County Conciliation Body
Csongrád-Csanád County Conciliation Body
Fejér County Conciliation Body
Győr-Moson-Sopron County Conciliation Body
Hajdú-Bihar County
Conciliation Body
Miskolc
Borsod-Abaúj-Zemplén
Address of the County Conciliation Body: 3525 Miskolc, Szentpáli u. 1. Phone number: (46) 501-091 (new cases);
501-871 (ongoing cases) President: Dr. Tulipán Péter
Website:
www.bekeltetes.borsodmegye.hu E-mail address: bekeltetes@bokik.hu Szeged
Csongrád-Csanád County Conciliation Body
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone number: (62) 554-250/118 extension
Fax number: (62) 426-149
President: Dr. Horváth Károly
Website:
www.bekeltetes-csongrad.hu E-mail address:
bekelteto.testulet@csmkik.hu Székesfehérvár
Fejér County Conciliation Body
Address: 8000 Székesfehérvár, Hosszúséta tér 4-6.
Phone number: (22) 510-310 Fax number: (22) 510-312
President: Dr. Vári Kovács József Website:
www.bekeltetesfejer.hu
E-mail address: bekeltetes@fmkik.hu; fmkik@fmkik.hu
Győr
Győr-Moson-Sopron County Conciliation Body
Address: 9021 Győr, Szent István út 10/a.
Phone number: (96) 520-217 President: Dr. Bagoly Beáta
Website:
https://gymsmkik.hu/bekelteto E-mail address:
bekeltetotestulet@gymskik.hu Debrecen
Hajdú-Bihar County
Conciliation Body
Headquarters: 4025 Debrecen, Petőfi tér 10.
Location of administration: 4025 Debrecen, Vörösmarty u. 13-15. Fax number: (52) 500-720
Fax száma: (52) 500-720
President: Dr. Hajnal Zsolt
Website:
https://www.hbmbekeltetes.hu E-mail address: bekelteto@hbkik.hu
Borsod-Abaúj-Zemplén
county,
Heves county,
Nógrád county,
Békés county,
Bács-Kiskun county,
Csongrád-Csanád county,
Fejér county,
Komárom-Esztergom
county,
Veszprém county,
Győr-Moson-Sopron county, Vas county,
Zala county,
Jász-Nagykun-Szolnok
county,
Hajdú-Bihar county,
Szabolcs-Szatmár-Bereg county,
Pest County Conciliation Body
Budapest
Pest County Conciliation Body
Headquarters: 1055 Budapest, Balassi Bálint u. 25. IV/2.
Phone number: +36 1 792 7881 President: Dr. Koncz Pál
Website:
www.pestmegyeibekelteto.hu www.panaszrendezes.hu
E-mail address:
pmbekelteto@pmkik.hu
Pest county
11.17. The conciliation body’s jurisdiction includes the out-of-court settlement of consumer legal disputes. The task of the conciliation body is to attempt to create an agreement between the parties for the purpose of settling the consumer dispute, and in the event of its failure, it makes a decision in the matter to ensure the simple, fast, efficient, and cost-effective enforcement of consumer rights. Upon request of the consumer or the Service Provider, the conciliation body gives advice regarding the rights due to the Consumer and the obligations burdening the Consumer.
In the conciliation body procedure, in the absence of an agreement, the council shall make a binding decision on the merits of the case if a) it issues an order containing an obligation, if
11.19. The business is subject to an obligation of cooperation in the conciliation body procedure, within the framework of which it is obliged to send its response to the conciliation body within the deadline mentioned therein, with the content defined in the Fgytv. Except for the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the business is obliged to ensure the participation of a person authorized to create an agreement at the hearing.
The business’s representative authorized to create an agreement must participate online in the online hearing. If the consumer requests a personal hearing, the business’s representative authorized to create an agreement is obliged to participate at least online in the hearing.
11.20. If the Consumer does not turn to a conciliation body, or the procedure does not lead to a result, the Consumer has the opportunity to turn to a court for the settlement of the legal dispute. The lawsuit must be initiated with a statement of claim, in which the following information must be stated:
The document, or a copy thereof, whose contents are invoked as evidence must be attached to the statement of claim.
12.1. The https://aromapalota.hu website, its structure, architecture, design elements, graphic solutions, text contents, image materials, product descriptions, databases, editing, layout, as well as other contents appearing on the website are under copyright or, where applicable, related legal protection. Copyright protection protects the contents from the moment of their creation without any separate registration or other formal requirement.
12.2. The Service Provider reserves all rights regarding the contents appearing on the website. Viewing, using, or accessing the contents on the website does not in itself result in a license for use, does not entail the transfer of copyright property rights, and does not entitle the visitor, user, or any third party to unauthorized use of the contents.
12.3. Without the prior, express, and written consent of the Service Provider, it is prohibited to publish the whole or any part of the contents appearing on the website, particularly, but not exclusively:
thereof;
12.4. The prohibition contained in point 12.3. does not affect the cases of free use defined in the copyright law, particularly the possibility of lawful quotation, provided that the quotation is within the extent justified by the purpose of the quotation, faithful to the original, and occurs with the designation of the source and – where indicated – the author. Cases of free use cannot be interpreted broadly, and cannot serve as a basis for systematic, business, or competitive appropriation of the website’s content.
12.5. Legal documents available on the website – particularly the General Terms and Conditions and the Privacy Policy – serve the information of visitors and users. Visitors may download, store, and use these documents for their own orientation, exercise of rights, or to learn about their existing or planned legal relationship with the Service Provider. However, this provision does not authorize the visitor, user, or any third party to exploit these documents commercially, as their own service, as the content of another website, or as part of an activity competing with the Service Provider. 12.6. The placement of a link pointing to the https://aromapalota.hu website is permitted, provided that the link does not damage the Service Provider’s reputation, does not create the false impression that a cooperation, endorsement, support, or other business relationship exists between the linking person or organization and the Service Provider, and does not realize unlawful or unfair market behavior. 12.7. The designation https://aromapalota.hu, the website’s layout, appearance, characteristic structural and visual elements, as well as designations suitable for identifying the Service Provider’s services are connected to the Service Provider’s economic activity. Their unauthorized use, imitation, or application in a manner that may lead to confusion with the Service Provider, its services, or website, or result in the unfair exploitation of the Service Provider’s market performance, is prohibited.
12.8. If a third party adopts, copies, publishes, uses for business purposes, adapts, presents as their own, uses without indicating the source, or exploits within the scope of activity competing with the Service Provider the website’s content without permission, the Service Provider, or the affected author or other right holder, may take action based on the law on copyright, the Civil Code, and – in the case of a law violation committed by a market actor – the rules regarding the prohibition of unfair market behavior.
12.9. In the event of a law violation, the Service Provider, or the affected author or other right holder, may particularly enforce the following claims:
12.10. The Service Provider expressly records that the provisions contained in this chapter do not qualify as a contractual penalty, and do not establish a contractual fine. The
Service Provider informs the website’s visitors, users, and third parties through these provisions of the reservation of its existing copyright, civil law, and competition law rights. The Service Provider, or the affected author or other right holder, shall enforce its claims directly based on the relevant legislation in the event of a law violation. 12.11. The Service Provider indicates in advance that in the case of unauthorized commercial or competitive content appropriation without permission, it takes into consideration the severity, scope, recurring nature of the law violation, the method of use, the amount of used content, the economic benefit achieved by the violator, and possible injury to personal rights when determining its claims. According to the Service Provider’s standpoint, particularly severe law violations include the acquisition of images, product descriptions, text contents, layout elements, or databases for business purposes without indicating the source, for competitive or misleading purposes.
12.12. Upon detecting a law violation, the Service Provider is entitled to use a notary’s fact sheet, screenshot, electronic evidence preservation, expert examination, or other evidence tool. The Service Provider may enforce its costs justifiably incurred in connection with these against the law violator based on the relevant legislation.
12.13. If a business, competitor, or other market actor commits the law violation, and the appropriation of content, imitation of the website’s characteristic elements, use of the Service Provider’s designations, or exploitation of the Service Provider’s market performance is suitable in economic competition for gaining an unfair advantage, misleading, causing confusion, or harming the Service Provider’s lawful interests, the Service Provider may also take action on the basis of competition law in addition to its copyright claims. 12.14. The reservation of rights contained in this chapter does not affect the Service Provider’s right to enforce any other civil law, copyright, competition law, criminal law, or other legal claim available to it under any other legislation against the law violator.
The website’s privacy policy is available at the following page: https://aromapalota.hu/adatvedelem
Budapest, 2021. november 30.
Model withdrawal form
(fill in and return only in case of intent to withdraw from the contract)
Addressee (name, postal address, email address, fax number, phone number): Elbin Kft, 1162 Budapest, Viola utca 57., aromapalota@gmail.com, +36-30-651-2566
The undersigned declares that they withdraw from the sales contract of the following goods:
Date of order / date of receipt:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of notification in writing): Date: 2026.06.30
