Terms of service

GENERAL TERMS AND CONDITIONS



Contents

Company data and contact information

  1. Scope of the GTC
  2. Availability and amendment of the GTC
  3. Definitions
  4. The Products
  5. Performance of the contract, limitations
  6. The price of the Product
  7. The order placement process
  8. Payment
  9. Delivery
  10. Acceptance and checking of the Products ordered
  11. Implied warranty, product warranty and guarantee provisions
  12. Right of withdrawal, complaints, legal disputes
  13. Data Protection
  14. The Company’s undertakings
  15. The Customer’s undertakings
  16. Term and language of the contract, governing law

 

The present General Terms and Conditions (“GTC”) govern the content of the contract established between Botanic Origin Limited Liability Company (“Company”) and the customer (“Customer”) ordering product(s) marketed by the Company and sold on its website, www.botanicbathhouse.com (“Website”). The GTC, contains, in compliance with applicable legislative provisions, the rights and obligations accruing to the parties, the conditions of the establishment of the contract, the performance deadlines, delivery and payment conditions, liabilities, the conditions of exercising the right of withdrawal and other provisions.

Other information concerning the use of the Website that is not related to making purchases is not contained in the present GTC, you may find that information in the Terms of Use.

Making a purchase via the Website by placing an electronic order creates a sale and purchase agreement between the Company and the Customer with the terms and conditions stipulated in the present GTC. The agreement constitutes an electronic contract not made in writing, whose content is only registered and archived in electronic form, and which is available and searchable at a later date. It does not make reference to a code of conduct.

After compiling their cart, the Customer must specifically acknowledge and accept the terms and conditions stipulated in the present GTC by ticking a box placed on the web page for that purpose before continuing to the order management page, indicating that the Customer agrees with all the terms and conditions and accepts them as binding on Customer, and also confirm that Customer is cognisant with the provisions of the Privacy Policy.


Company data and contact information


Company name: Botanic Origin Limited Liability Company

Seat: H-1096 Budapest, Sobieski János utca 36. alagsor 1. ajtó

Company registration no.: 01-09-446577

Tax no.: 32862238-2-43

Representative: Chief Executive Éva Sirokai, sole signatory

E-mail: support@botanicbathhouse.com

Phone: +36 70 344 3933 

Storage hosting provider: Rackhost Zrt. 


  1. Scope of the GTC


Personal scope of the GTC

The scope of the present GTC covers the Company as seller and the Customer as buyer. 


Material scope of the GTC

The present GTC regulates the terms and conditions of the sale and purchase agreement established between the Company as seller and the Customer as buyer comprehensively and automatically.


Territorial scope of the GTC

The present GTC is applicable to all legal transactions between the Company as seller and the Customer as buyer without territorial limitation.


Temporal scope of the GTC

The present GTC comes into effect on the date of its publication, with the provision that in relation to individual Customers, the provisions of the GTC become binding at the time of its acceptance. The present GTC shall lose effect if it is withdrawn or amended. As regards the legal relationship between the parties and the assessment of individual actions, or in case of a potential dispute, the version of the GTC in effect at the time the order is placed shall be taken into account.


  1. Availability and amendment of the GTC


The Company shall publish the prevailing effective text of the GTC on its Website, so it is publicly available for all Customers.

 

The Company shall be entitled to amend the GTC unilaterally without any limitation in time – with the exceptions stipulated in legislation and the present GTC –in all cases wherein changes in economic or service conditions, in particular a need to develop the Service, or changes in significant conditions applicable to the Service (e.g. supplementary services, associated processes, parties involved in performance) or the operation of the Company, and the technology (e.g. characteristics of the products, use of concepts) justify this.

 

The Company shall publish the text of any amendment of the GTC no less than fifteen (15) days prior to the amendment’s date of effect. Amendments shall be published so as to ensure that the parties are clearly able to gain cognisance of the fact of the amendment, its date of effect and the range of provisions amended.

 

The agreement entered into by the Company and the Customer – of which the present GTC constitutes the foundation and a part – shall be governed by Hungarian law, in particular the following legislation:

- Act CLV of 1997 on Consumer Protection;

- Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Services Associated with the Information Society;

- Act V of 2013 on the Civil Code;

- Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses;

-  Decree No. 19/2014 (IV.29.) of the Ministry of National Economy on the procedural rules for handling warranty and guarantee claims regarding goods sold under a contract between a consumer and a business;

- REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; the so-called GDPR)


Please familiarise yourself with the provisions of the GTC before finalising your order, as by placing the order you accept the provisions of the GTC and the entire GTC shall constitute a part of the contract concluded between you and the Seller.


  1. Definitions


For the purposes of the present GTC :


  1. Customer: any natural person, legal person or organisation without legal personality making a purchase offer resulting in a contract through the Website.


  1. Consumer: a natural person acting for purposes outside their independent profession and economic activity who purchases, orders, receives, uses goods, or is the addressee of commercial communications, offers concerning goods. For the purposes of the rules applicable to the conciliation body, in addition to the above, non-profit organisations, religious organisations with legal personality, condominiums, housing cooperatives acting for purposes outside their independent professions and economic activities that purchase, order, receive, use or make use of goods, or are the addressees of commercial communications, offers concerning goods shall also be considered consumers. For the purposes of the application of Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on combating unjustified geo-blocking and other forms of discrimination based on the customer's nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC [hereinafter: Regulation (EU) 2018/302], the businesses designated buyers in Regulation (EU) 2018/302 shall also be considered consumers.


  1. Service: the service provided by the Company through the web store available on the Website with registration free of charge and also without registration, in which the Company undertakes the transfer the ownership of and deliver to Customerthe Products selected by Customer, while the Customer undertakes to pay the purchase price of the Products and take delivery of them.


  1. Product: goods presented for sale on the website www.botanicbathhouse.com, as defined in Section 4 of the present, which is the subject of the Contract between the Company and the Consumer,


  1. Company: for the purposes of the present GTC, the service provider is Botanic Origin Limited Liability Company (short company name: Botanic Origin Ltd., seat: H-1096 Budapest, Sobieski János utca 36. alagsor 1. ajtó, Company registration no.: 01-09-446577, Tax no.: 32862238-2-43),


  1. Website: www.botanicbathhouse.com: the site of the web store operated by the Company, where Customers may place electronic orders only.


  1. The Products


The bathing tea products classified as cosmetics that are selected by the Customer through the Website operated by the Company, whose material characteristics, use and usage instructions are specified in the product information documents associated with the Products.

  

The Company shall take the greatest possible care when producing/procuring the photos of the Products published on the Website, but the photos are for illustration purposes only, and the appearance and packaging of individual Products may differ from those shown on the Website.


  1. Performance of the contract, limitations


The company shall render the services under the present GTC with the highest level of professional care and standard of quality. The Products marketed by the Company comply with the applicable legislation and standard in every particular.

Ownership of the Product shall be transferred to the Buyer at the moment when the purchase price is paid in full, in accordance with Section 6:216., § (1) of the Civil Code we reserve ownership of the product until the purchase price is paid in full. Risk of damage shall be borne by the Seller until delivery and acceptance, and by Buyer thereafter.


The performance (delivery) deadline for individual orders shall be no more than 5 working days from the confirmation of the order unless Vendor or the partner making the delivery indicate otherwise to the Buyer.


In case individual Products shown on the Website are no longer marketed, Vendor reserves the right to reject confirmed orders in part or in full. If the purchase price of the Product is paid for in advance, the amount paid shall be returned to Buyer within 5 working days.


  1. The price of the Product


The purchase price shown with the product is the consumer price including VAT. When making purchases with a discount (for instance special offers, discount vouchers, etc.) the discount prices shown clearly for the Product in question shall apply. The Company shall indicate the conditions of taking advantage of discounts clearly on the product pages.


In order to apply the discount, the coupon code representing entitlement to the discount price shall be provided when logging in/making the purchase so as to ensure that the system places the Produc(s) in the cart at the discount price, or discounts may also be applied automatically.


The prices shown shall be in the currency in use at the Product’s place of delivery, or in EUR, as shown on the order page, and they shall include VAT, but they do not include cost of delivery, which shall be described in detail below. If the value of the order exceeds EUR 60, or, within Hungary, HUF 20,000, delivery shall be free of charge.


If the website shows the wrong price, the Company shall be entitled to reject the Order and shall inform the Customer accordingly.


  1. The order placement process


Products may be purchased without registration, or using a user account created after registration.


Registration steps, logging into the user account, placing an order


During registration, the Customer shall provide their e-mail address (which shall also become their user ID). After that, they will receive a six-digit code by email, which will be their password thereafter. In addition, in order to allow the Service provided by the Company to be rendered, Customer shall also provide personal data, contact details and exact delivery and billing information to the Company, which the Customer can amend at any time in the manner stipulated in the present GTC. After registration, Customer may log in to the system using their e-mail address and password.

 
After registration, the Customer can select the required Product, delivery method, and can chose from the range of available payment methods and provide additional data. Registration allows Customer to conduct subsequent purchased in a simpler and faster fashion, and also to track and check orders after logging in.


Prior to placing the order, before leaving the cart page, Customer shall check a checkbox provided on the web page for the purpose and thereby acknowledge and accept the provisions of the present GTC as binding on Customer, and also confirm that they are aware of the content of the Privacy Policy. If Customer does not accept the provisions of the present GTC and does not confirm acceptance of the Privacy Policy, they shall not be entitled to place an order for the Products selected after logging into their user account in the web store available on the Website.

 

Customer shall have full liability for any data entry errors and for any damage resulting from providing false data or failing to update any of their data. The Company shall be entitled to delete registrations that contain evidently defective of false data, and in case of doubt it shall be entitled to check the validity of the data provided by Customer.


Registration with a Facebook account


If the Customer registers with an existing Facebook account, they thereby accept that the operator of Facebook shall transfer certain data associated with their Facebook account to the Company in compliance with the prevailing applicable regulations of Facebook. The effective regulations of Facebook are available here: https://www.facebook.com/legal/terms/plain_text_terms


Customer can only register with their Facebook account if they have provided the required authorisations for this in their Facebook account settings. The Company uses a so-called “email hash” to identify the User. In that case, Facebook shall provide the Facebook user ID and e-mail address associated with the Facebook account used.


Registration with a Google account


If the Customer registers with an existing Google Account, they thereby accept that the operator of Google shall transfer certain data associated with their Google Account to the Company in compliance with the prevailing applicable regulations of Google. The effective regulations of Google are available here: https://policies.google.com/terms?hl=hu&gl=hu


Customer can only register with their Google account if they have provided the required authorisations for this in their Google account settings. The Company uses a so-called “email hash” to identify the User. In that case, Google shall provide the Google user ID and e-mail address associated with the Google account used.


A single e-mail address, Facebook account or Google account may only be associated with one User Account.


Order placement process


Orders may only be placed electronically, using the web store available on the Website. The Company shall not accept orders submitted by phone, post or electronic mail. The Company shall also provide confirmation of, and information concerning orders electronically, by e-mail to the e-mail address the Customer provided at registration or when ordering.


When placing the order, the Customer may select the desired Product(s), and by clicking on individual Products in the web store they can view their product descriptions and get information on availability and pricing.


The photos of the products are illustrations, any accessories or decorative items shown in the photos are not parts of the Product unless specifically indicated in the product description.


We shall not be liable for any misspellings and erroneous data, including the prices shown alongside the Products on the Website – Customer shall pay the price shown on the cart page for the Product.


Placement in the cart, reviewing the cart


After selecting a Product, Customer places it in a virtual cart by clicking on the “Add to your cart”  button, without thereby undertaking any obligation to make a purchase or a payment, as placement in the cart in itself does not constitute making a purchase offer by Customer.


It is recommended that Customers should place Products in the cart even if they are not certain they wish to purchase it, as this will allow the Customer to review all the Products they have selected up to that moment, readily available on a single page for comparison.


Modification, checking and finalising the contents of the cart (making an offer)


By clicking the “Cart” icon at the top of the web store, the Customer can review the Products placed in the cart along with their quantities and prices. Customer may click on “Continue Shopping” or on “X” for exiting the cart page to return to the product page of the web store and continue shopping, and they can also change the quantities of the selected Products, or delete them individually. By clicking on the “Bin” icon next to the Products, they can select the total quantity of individual Products with one click.


The contents of the cart can be modified freely until the order is finalised – when the “Check out” button is clicked – the quantities of Product in the cart can be modified using the “+” and “-“ buttons, and additional Products can be placed in the cart, and the item numbers can be amended as well. The “Check out” button becomes active after acceptance, and the “Check out” button can be clicked to continue the order process, and once on the order page, the Customer can still click on the cart button in the top corner to return to the webshop and make further changes to the cart contents. After that step, the Customer can safe data and provide their e-mail address.

Provided the GTC and the Privacy Policy were accepted, the ordering process can be continued by clicking on the “Cart” icon, while the ordering process can be aborted by exiting the page.


The website shall provide a summary of the data provided previously, including the contents of the cart, the user, billing and delivery data and the amount payable. Once you have ascertained that the contents of the cart agree with the Products you wish to order, you will have to provide the required data, check them, and then click on the “Pay now” or the “Complete Order” button to complete the order.


Providing data


Using the web store interface, the Customer – unless they had done so previously – can provide the data required for delivery, select one of the available delivery and payment methods, enter any coupon or promotion codes, and finally review and finalise the order. At that point, the Customer may also consent to receiving marketing information in future. If the Customer chooses PayPal, Google Pay or Apple Pay as the payment method for the purchase, the data will be loaded automatically, the Customer will only need to check and possibly amend them.


Times of delivery vary as a function of delivery address.


Please note that it is the customer’s responsibility to ensure that the data provided by the Customer are accurate, as the Product will be billed and delivered based on the data provided by the Customer. By placing the order, Customer acknowledges that the Company, as seller, shall be entitled to claim all costs and damages resulting from errors or inaccuracies in the data entered by the Customer. The Company shall not be liable for damage caused by performance based on inaccurate data. Please also note that an inaccurately provided e-mail address, or the inability of the email account to accept incoming messages due to lack of storage may result in the order confirmation not being delivered and hence may preclude conclusion of the contract.


Please use the “Shipping method” field to indicate how you wish to take delivery of the Product. The system shall indicate the delivery methods available in the country concerned. It is at that point that the system shall also indicate the shipping cost, which the Customer shall be obliged to pay when placing the order unless they select the “pay on delivery” payment method. Payment on delivery is only available for Hungary. By default, the system uses the billing information provided for the “Shipping method” field, so if the Customer wishes the delivery to go to a different address, they should enter that address as the delivery data.


After the above fields are completed, Customer can chose the payment method in the “Payment method” menu item. The system will show the payment methods available in the country in question. The Customer can review the Products selected once more, and then finalise the order by clicking on the “Pay now” or the “Order complete” button.


Placing the order


When the “Pay now” or the “Order complete” button is clicked, the content of the cart is displayed along with the full price payable including VAT and all additional costs (e.g. packaging, postage, delivery fees).


During the placement of the order it is possible to review and to modify the above data. By finalising the order, the Customer expressly acknowledges and accepts the information provided by the Company.

 

By placing the order, the Customer expressly acknowledges and accepts the information provided by the Company, and also that their declaration made in the course of placing the order (i.e. clicking on the “Pay now” or the “Order Complete” button) results in their incurring a payment liability.


The Customer’s offer shall be deemed to have been made when the “Pay now” or the “Order Complete” button is clicked, and the offer shall be binding on the Customer for a period of 72 hours. As regards orders governed by the present GTC, the Buyer constitutes the bidder, while the Contract is concluded once the Vendor accepts the offer submitted by Customer via the Website. If the Customer’s bid is not confirmed within 72 hours by the Company, the Customer shall no longer be bound to their offer.


Our system automatically confirms the information associated with your order by e-mail to the e-mail address provided by the Customer, Customer can verify the details there. Your order is registered with the order number shown in the confirmation e-mail. Our contract is concluded when our confirmation is sent, and it is not stored in our system after completion.



Processing of the order, conclusion of the contract


The Customer receives two notifications about their order.


The first one is an automated confirmation of the fact that we have received the Customer’s order through the website. This confirmation does not constitute acceptance of the Customer’s offer.


If you should notice that the Customer’s data shown in the automated order confirmation e-mail contains any errors (e.g. name, delivery address, phone no., etc.), please inform us, and provide the correct information immediately by sending email to support@botanicbathhouse.com.


If Customer does not receive the automated confirmation email within 24 hours of placing the order, please contact us as it is possible that our system has not registered your order due to technical reasons.

After receiving the order, the Company shall check if it is able to supply it and shall confirm the order in an electronic message as soon as possible, but no later than within 72 hours. The contract shall be concluded when the confirmation e-mail sent by the Company becomes available to the Customer in their e-mail system (second confirmation).


The order and its confirmation shall be deemed to have been delivered to the Company and the Customer when it becomes available to them. The Company shall accept no liability for the confirmation not being received by Customer because they provided their e-mail address incorrectly or if the Customer does not have access to the e-mail account due to lack of e-mail storage.


The Company shall provide suitable, effective and accessible technical means in order to all the Customer to identify and correct data entry errors prior to submitting the order electronically.

 

If the Product ordered is not available after the order is placed, or if procurement of a Product shown as “available” cannot be completed within the period of time shown in the web store, the Company reserves the right to reject the order for the Product in question. If the Customer has only entered a single Product, the contract between the Customer and the Company shall not be concluded and the Company shall cancel the order. If the Customer ordered several Products in one order, the contract between the Customer and the Company shall only be concluded in respect of the Products that can be supplied.

 

The Company shall inform the Customer in writing, without unjustified delay, about the range of Products ordered that it is not able to supply, and if the Customer has paid the price of the full order in advance, the Company shall take action immediately, but no later than within 8 (eight) working days of providing the information to reimburse the price of the Product(s) that it is not able to supply. If the order is cancelled, in addition to the pre-paid purchase price of the Product, the Company shall also take action to reimburse any shipping costs paid in advance.


In addition to the cases described above, the Company shall also be entitled to refuse orders, while informing the customer accordingly at the same time, in any of the cases below:

- if the web store displays a price of 0, 1, or an unrealistically low price relative to the market value of the Product in question;

- if the Customer is not entitled to take advantage of the discount or coupon used during the placement of the order;

- if the Customer chooses the bank card payment method, and the issuer of the Customer’s bank card rejects the transaction;

- if the Customer chooses the bank card payment method, and the Company’s online payment processing partner is unable to complete the transaction due to reasons not attributable to the Company;

- if the customer provides false data, or fails to provide the data necessary for supplying the order.

 

The Company shall not set minimum quantities of Products that may be ordered, but in relation to the individual Products and product groups it is entitled to set the minimum package size and the maximum quantity of Product that may be ordered.

 

The Company reserves the right to make changes to the Service, and the range and the prices of the Products available in the web store. The Company shall provide information to all users via the web store about the material conditions applicable to the discounts and other special offers (promotions available for the Products provided by the Company through the web store – such as in particular their amounts and periods, and the conditions and limits applicable to their use or participation. During the period of promotions, the orders placed by Customers for the Products and services involved shall be subject to the conditions advertised for the promotional period for the rendering of the Service.


We hereby inform you that you can amend your order by e-mail after the order is placed. Please quote the order number shown in the confirmation email for reference. We also inform you that if the request for amendment is received on a non-working day or outside working hours (9 a.m. to 5 p.m.), or if the Company has already initiated delivery of the Product, the Company cannot guarantee compliance with your amendment request.


After placing the order, the Customer shall be entitled to cancel it electronically until the Company confirms the order. After the Company has confirmed the order, the Customer is only entitled to cancel the order while reimbursing any damage incurred by the Company as a result of the cancellation.

 

  1. Payment


Based on the order placed by Customer and confirmed electronically by the Company, the Company shall issue an electronic invoice about the price of the Product, which shall be sent directly to the Customer by email by the Company’s billing service partner.

 

The Company shall show the prices of the Products on its Website. The prices shown there contain VAT. The Company is entitled the change the prices of the Products unilaterally at any time, but such changes shall not be applicable to products already ordered and confirmed.

 

The electronic confirmation sent pursuant to the submission of individual orders shall contain the price and the shipping cost of the order. The Customer may use the following payment methods to pay the price of the Product ordered and delivered, and the delivery fee to the Company:

  

    1. a. Online bank card payment;

b. PayPal payment;

c. Google Pay or Apple Pay payment;

d. Payment on delivery (in cash or by bank card) to the delivery agent’s representative.


Payment methods may vary between countries, this will be indicated by the system during the ordering process.

 

Online bank card payment


The Company facilitates simply and secure shopping for Customers by accepting online bank card payments in its web store. The Company’s payment system primarily accepts the following bank cards: VISA, MASTERCARD, AMERICAN EXPRESS, MAESTRO, UNION PAY, APPLE PAY, GOOGLE PAY.


When paying by bank card, please consider the following:

  • Please, read the provisions of the present GTC very carefully as regards terms o purchasing, payment and delivery!
  • Please retain the data associated with your purchase and payment (order, transaction ID, confirmation no.)!
  • Please ensure that your secret card data are never accessed by unauthorised persons!
  • Use a browser that supports the SSL encryption option!


Payment using PayPal


The Customer can choose to use the PayPal payment method for paying for Products ordered in the web store. In that case, at the end of the order placement process, the Customer will be automatically redirected to the PayPal website, where they will be able to log in with their own login data to approve the transaction. If the Customer chooses PayPal as the payment method, the price of the Products in the order can be paid by bank card, by a debit order, or using their PayPal credit facility, depending on the payment method they had set in their PayPal account previously.


If the Customer does not have a PayPal account, they can create one at the PayPal website (www.paypal.com)


Payment using Google Pay or Apple Pay


The Customer can choose to use the Google Pay or the Apple Pay payment method for paying for Products ordered in the web store. In order to do so, the Customer only needs to select the Google Pay or the Apple Pay payment method in the web store, then log in to their Google Pay or Apple Pay account to approve the transaction.

 

When paying by online bank card, Pay Pal, Google Pay or Apple Pay, the price of the Product shall be deemed to have been paid once the amount is credited to the Company’s bank account. In the case of these payment methods, the Company will only initiate delivery of the Products ordered once the purchase price has been paid by the Customer.

 

Payment on delivery


Payment is made to the delivery agent upon delivery, in cash or by bank card, in the currency of the order. The Customer can take delivery of the Product once the payment is made.


The Company shall be entitled to suspend delivery of an order if the Customer has any overdue outstanding payments to the Company. The Company shall also be entitled to suspend further deliveries if, for reasons attributable to Customer, Customer failed to take delivery of previous orders on two consecutive occasions. The suspension of the delivery shall remain in effect until the Customer discharges all overdue obligations towards the Company. In case of late payment, the Company shall be entitled to charge default interest as stipulated in legislation.

   

If the Customer fails to pay any overdue charges in full within eight (8) days of receiving the Company’s payment notice, the Company shall be entitled to cancel the order. If the order is cancelled, the Company shall be entitled to charge and bill any justified costs accrued in relation to the failure and cancellation of the order to the Customer.


  1. Delivery


Once an order is placed via the web store and confirmed by the Company, the Company undertakes to package or have packaged the quantity of produced specified by the Customer, and to have it delivered to the address indicated using the delivery method chosen by the Customer, and to deliver it to the Customer, or a third person designated by the Customer.

 

It is not possible to take delivery of the Products at the Company’s seat.


Packages are delivered, shipped, by delivery service or by post. The Company provides information to the Customer about the individual delivery methods, the deadlines undertaken by the Company and any changes thereto on the Website, in the menu item “Terms of Delivery”, and also displays the delivery methods available to the Customer prior to the submission of the Order, along with their respective fees and delivery deadlines. The Customer can obtain advance information about shipping conditions in Appendix 1 of the present GTC.

 

The Company shall not be liable for damage incurred by the Customer resulting from the provision of a phone number with no subscriber or a subscriber other than the Customer. The Company hereby reminds the Customer that if the Customer provides a mobile phone number from a country other than the country of delivery during the ordering process, the Company shall not be held liable if the partner delivering the Product does not send an SMS notification to the customer due to technical or other reasons, or if it fails to contact the Customer directly by phone prior to delivery of the Product. In addition, the Company shall not be liable if delivery of the Product ordered fails due to any of the above reasons.


  1. Acceptance and checking of the Products ordered


After delivery, the Customer shall check the Product as regards quantity and packaging as soon as possible but no later than within 36 hours, and if the Product is not free of defect or if it is not the item ordered, they shall notify Vendor immediately. After that deadline, the Company shall not accept complaints on those grounds, that is to say if Buyer fails to comply with its obligation set out in the present section, or does so after the applicable deadline, they shall not be entitled to claim the provision or delivery of further Product from Vendor, or the claim compensation on those grounds.


Detailed provisions concerning complaints and withdrawal are provided in sections 11 and 12.


  1. Implied warranty, product warranty and guarantee provisions


The information concerning faulty performance below was formulated in accordance with Appendix 3 of Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses.


Implied warranty

The Company provides appropriate information about the Products available for order in the web store and its characteristics at all times. The Products must be suitable for the purposes for which other Products of the same kind are generally used, they need to have the quality customary for Products of the same kind, and which the Customer may expect, and they must have the characteristics shown in the description provided by the company and made available in the web store.


When can you exercise your implied warranty right?


The Company is liable for faulty performance (implied warranty), and in such cases the Customer may assert a claim for implied warranty in accordance with the provisions of the Civil Code. The Company’s performance is faulty if, at the time of delivery (performance), the Product does not meet the criteria prescribed in legislation or the contract, unless the defect is the result of transportation. In case of faulty performance, the Customer may submit a complaint, using any of the Company’s contact details, in writing, as follows:



What are your rights based on your claim for the implied warranty?


Due to the character and special nature of the Product, the Customer is not able to request a repair. Accordingly, the Customer may primarily request replacement, unless  performing the replacement is impossible, or if the Company would incur disproportionate extra costs relative to the performance of other implied warranty claims. The Company shall honour the warranty claim submitted as a complaint within 15 (fifteen) days of receipt of the replacement claim, without material prejudice to the Customer’s interests. If completing the replacement is expected to take more than 15 (fifteen) days, the Company shall inform the Customer of the expected period of time required for the replacement.


If the Customer did not or could not request replacement, they may claim a proportionate reduction of the compensation, or, as a last resort, may withdraw from the contract. Withdrawal is not an option in the case of insignificant defects (for instance minor, aesthetic damage to the packaging).


In case of faulty performance, the Customer is also entitled to request a proportional reduction of the price, or the withdraw from the purchase, in the following cases:

  • if the Company did not replace the product, or did replace it, but did not provide for the return of the replaced product at its cost; or
  • performance was faulty again, despite the fact that the Company attempted to remedy the situation; or
  • the defect of the Product is of such magnitude that it warrants an immediate price reduction of immediate withdrawal; or
  • The Company did not undertake to remedy the defect, or it is evident from the circumstances that it will not do so within a reasonable deadline or without material infringement of the Customer’s interests.


Within what deadline can you exercise your implied warranty claims?


The Customer shall inform the warrantor of the defect immediately upon discovery. In case of a Consumer Customer, a defect notified within 2 (two) months of discovery shall be considered reported without delay. The Customer’s implied warranty right lapses 1 (one) year from the date of performance, while the Consumer’s claim lapses after 2 (two) years.


Against whom can you exercise your implied warranty rights?


The Customer may exercise the implied warranty claim against the Company.


What other conditions are there for the exercise of implied warranty rights?

Within 6 (six) months of delivery, exercising implied warranty rights has no conditions other than announcing the defect, provided the Customer can demonstrate that the product or service was provided by the Company. After 6 (six) months, however, the Customer has to prove that the defect they found was already present at the time of delivery.


Product warranty


If the movable goods (Product) sold by the Company to a Consumer is defective, the Consumer may assert a claim that the Company repair the Product’s defect or replace the Product. The Product is defective if it does not comply with the quality requirements at the time of marketing by the manufacturer, or if it does not have the characteristics specified in the description provided by the manufacturer.


The Company shall be exempt from the product warranty claim if it establishes that:

  • it had not manufactured or marketed the Product within the scope of its commercial activity or independent profession;
  • at the time of the Product’s marketing it was not possible to recognise the defect using the available science and technology; or
  • the defect of the Product was caused by the application of legislation or a compulsory official provision.


In order to be exempt, it is sufficient for the Company (manufacturer, distributor) to establish one of the above reasons.


When can you exercise your product warranty right?


In case of a defective movable property (Product) the Consumer – at their choice – may exercise the above implied warranty right, or make a product warranty claim.


What are your rights under the product warranty claim?


As a product warranty claim, the Consumer may only claim replacement of the defective Product.


When is the Product considered defective?


The Product is defective if it does not comply with the quality requirements at the time of marketing, or if it does not have the characteristics specified in the description provided by the manufacturer.


What is the deadline for enforcing the product warranty claim?


The Consumer may exercise the product warranty claim within 2 (two) years of the product being placed on the market.


In order to enforce a product warranty claim, the invoice certifying the date of purchase shall be required in every case.


Against whom and with what additional conditions can you enforce a product warranty claim?


You may only enforce a product warranty claim against the manufacturer of the movable property (the producer and the distributor are both considered manufacturers).


The Consumer is reminded that they may not enforce both an implied warranty claim and a product warranty claim in parallel in respect of the same defect. Once the product warranty claim is enforced successfully, however, they can also assert an implied warranty claim in respect of the replaced Product against the manufacturer.


As regards warranty, in other particular, the provisions of the Civil Code, and in the case of Customers classified as Consumers, the provisions of Government Resolution 45/2í14 (II. 26.) and Government Resolution shall apply.


Warranty


In view of the nature of our Products we do not provide a warranty.    


  1. Right of withdrawal, complaints, legal disputes


Returning goods – Right of withdrawal


We hereby advise you that in view of the nature of the Products the Company offers in the web store, due to health and sanitary reasons you may not exercise your right of withdrawal in respect of the Products if the Products are opened after delivery.


Customers classified as Consumers are entitled to a right of withdrawal without justification for a period of 14 (fourteen) days from delivery.


The Customer may exercise the right of withdrawal within 14 (fourteen days of the day on which the Product is received by the Consumer or a third party designated by the Consumer other than the transport operator. If several products are bought and the individual Products are delivered at different times, the 14 days shall begin at the time of delivery of the last product, in the case of a Product consisting of multiple items of pieces, the 14 days shall start at the time of delivery of the last item or piece to be delivered.


The Customer may also exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the Product.


The Customer shall exercise its right of withdrawal by submitting a clear declaration to that effect, or the completed declaration of withdrawal form (which constitutes Appendix no. 2 of the GTC and is also published on the Website) to the Company. The Customer’s right of withdrawal shall be considered to have been exercised within the applicable deadline if the Customer sends the declaration before expiry of the available deadline. The Company shall send a confirmation of the exercise of the right of withdrawal to the Customer.


In case of withdrawal in accordance with the above provisions, the Customer shall return the Product at its own cost immediately, but no later than within 14 (fourteen) days of submitting the declaration of withdrawal by means of mail or courier service, or deliver it in person at the place of personal delivery. The return shall be deemed to have taken place within the applicable deadline if the Customer sends the Product before the deadline expires. We request the Customer to return the Product(s) in the original packaging if possible, or if that is no longer available, in packaging providing a level of protection similar to the original packaging, without any damage. The Company shall not take delivery of Products returned with payment on delivery or outstanding postal charges.


If the Customer withdraws, the Company shall immediately, and no later than within 14 (fourteen) days of receipt of the declaration of withdrawal refund the full amount paid by the Customer as consideration, including all costs associated with performance. The refund shall be provided using the same method of payment that was used by the Customer, unless the Customer specifically agrees to the Company’s use of a different payment method, with the provision that the Customer may not be subject to any extra fees as a result of that change. If the Customer specifically selects a delivery method other than the least costly customary method of delivery, the Company is not obliged to refund the resulting extra cost.


The Company shall be entitled to claim for the Customer any depreciation of value resulting from use of the Product in excess of the extent required for establishing the Product’s character, properties and operation.

 

Under legislative provisions, the Customer may not exercise the right of withdrawal in respect of products in sealed packaging (among others) which may not be returned due to reasons of health protection or hygiene after they are opened after delivery. In view of the nature of the products offered by the Company in the web store, the Customer specifically acknowledges that the right of withdrawal may not be exercised in respect of the Products after the Products are opened after delivery, due to heath protection and hygienic reasons.

The limitation or exclusion of the Customer’s right of withdrawal as described above does not impact the Customer’s right to exercise warranty rights in respect of the Products purchased in the web store – provided the required legislative conditions are met.

 

The Customer may exercise the right of withdrawal using the form that constitutes Appendix no. 2 of the present GTC, or by submitting a clear written declaration to that effect. If the Customer wishes to exercise the right of withdrawal, at the Customer’s corresponding request, the Company shall send the Customer the sample declaration for this purpose, which the Customer can complete in order to exercise the right of withdrawal.


Complaint procedure


Complaint management at the Company


The Customer shall examine the package upon delivery, or when taking delivery of it, and if any damage to the packaging is detected, the Customer shall request that an official report be completed about it, or if the package is damaged, the Customer is not obliged to take delivery. In case of damaged packaging that the Customer did take delivery of and did not request a report about the damage, the Customer shall be obliged to prove that the Product was damaged in transit.

 

In case of any complaint during the ordering procedure or after taking delivery of the Products, the Customer has the right to submit a complaint. The Company will accept any complaints arising in relation to deliveries completed by the Company within 36 hours of the time of delivery.

 

Complaints may be submitted electronically by e-mail to support@botanicbathhouse.com, or by mail to Botanic Origin Kft., mailing address 1096 Budapest, Sobieski János utca 36. alagsor 1. ajtó, or verbally, by phone on +36 70 344 3933.

 

The Company shall review verbal complaints immediately, and if they prove well-founded, it shall take action to remedy them. If the Customer does not accept the way the complaint is managed, or if it is not possible to investigate it immediately, the Company shall make a record of the complaint and provide a copy to the Customer. Written complaints shall be reviewed by the Company within thirty (30) days of receipt, and inform the Customer of the result of review, and the legal options available to the Customer in case the complaint is rejected.


Submission of complaints to the Consumer Protection Authority

 

Our Company has an interest in the fast, effective and direct resolution of disputes, but it is also obliged to cooperate in any official or conciliation body procedures initiated by the Consumer, so, naturally, the Company participates in such procedures as well.


Customers classified as consumers are entitled to submit complaints to the consumer protection authorities with jurisdiction over the Company’s seat or the Customer’s place of residence, habitation or seat if their consumer rights are infringed. The Customer may approach the European Concumer Centres Network (ECC-Net). The contact information of individual Hungarian consumer protection authorities are available here: https://fogyasztovedelem.kormany.hu/#/fogyasztovedelmi_hatosag. The Company hereby informs the Customer that the review and resolution of individual Consumer cases is within the remit of the conciliation body, so the Consumer Protection Authority always transfers such cases to the conciliation body as a matter of course upon receipt.

 

Right to a conciliation body procedure

 

If the Customer’s complaint is rejected, Customer shall be entitled to approach the conciliation body with jurisdiction. The Company shall be liable to cooperate in the conciliation body procedure.

 

The conciliation body with jurisdiction over the Company’s seat is the Budapest Conciliation Board, whose contact information is as follows:

 

Budapest Conciliation Board

 

Seat: H-1016 Budapest, Krisztina krt. 99. III. em. 310.

Mailing address: 1253 Budapest, Pf.: 10.

Website: https://bekeltet.bkik.hu

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

Online submission of claims: https://bekeltet.bkik.hu/urlap/kerelem-online-benyujtasa

Phone: +36 1 488 21 31

 

The seat, telephone and Internet contact information and mailing addresses of the conciliation bodies with jurisdiction over the Customer’s place of residence, habitation or seat can be found in Hungary on the following web page: https://mkik.hu/a-bekelteto-testuletek-teruleti-honlapjai.



The Customer is also entitled to initiate resolution of its claim arising from a Consumer legal dispute in court, in a civil law procedure, in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.


The European Consumer Centre

In case of online costumer dispute, the Customer is entitled to request support from the European Consumer Centre if the residence of the Customer and the registered seat of the company are located in different countries (cross-border transaction) within the European Union or in the United Kingdom, Iceland or Norway.

For further information, please refer to: https://www.eccnet.eu/contact-your-local-ecc



The Company hereby informs its Customers that it is able to provide the warranties specified in sections 11 and 12 for deliveries to member states of the European Union. Customers with delivery addresses outside the territory of the European Union are requested to contact us by email at support@botanicbathhouse.com if they wish to take action under section 11 or 12 in relation to the Product, stating their specific requirements.


  1. Data Protection


We manage the personal data of our Customers in compliance with the applicable legislation, primarily the provisions of the GDPR. For details, see our Privacy Policy.


  1. The Company’s undertakings


The Company undertakes to consider as binding upon itself the provisions of the present GTC in respect of the operation of the web store and deliveries, and of the information published on the Website operated by the Company, and shall in every particular instance act with due diligence in the interest of their performance.


In case the Company fails to exercise any of its rights under the present GTC, the failure to exercise that right shall not be construed as waiving of that right.


The Company hereby declares that if the delivery of the Product ordered is prevented by an insurmountable obstacle (such as flooding, earthquakes, epidemics, etc.), it will promptly inform the Customer of such fact. In the event that the Product was paid in advance, the Company will reimburse the full price of the Product to the Customer.


The Company shall not be liable for damages resulting from errors or deficiencies in the operation of the web store, purchasing tool (e.g. resulting for disruptions of operation, program errors in communication lines, abnormal events or technical errors). Such cases include in particular:

  • Inappropriate operation of software
  • Customer’s failure to connect to the web store
  • Third party fraud causing damage to any Customer or the Company


In every instance, the Company shall provide suitable, effective and accessible technical means in order to all the Customer to identify and correct data entry errors prior to submitting the order electronically. The Customer shall have the opportunity to review and possibly correct the data when placing every individual order, therefore the Company shall not be liable for any damages resulting from the entry of incorrect data.


The Company reserves the right to change prices and shall not be liable for errors due to reasons not attributable to it - be they errors in printing or technical errors.


The upper limit of the Company’s liability towards the Customer and third parties shall be twice the gross value of the individual order concerned, the Company shall not be liable for consequential damages.


Product information


The bathing Products marketed by the Company may discolour the bath, therefore it is recommended that they are used for a maximum period of 60 minutes and that the bath is cleaned afterwards.


Use of the Product is not recommended in case of any allergies to any of its components.


Some of the Products made from medicinal herbs need to be soaked in boiling water. The Company shall not be liable for any accidents involving hot water.


  1. The Customer’s undertakings


The Customer declares that they are aware of the conditions and regulations applicable to Internet shopping.


The Customer acknowledges that the placement of an order in accordance with the provisions of the present GTC constitutes an offer that is binding on the Customer. Customer acknowledges that at the time of registration, or in case of an unregistered Customer, at the time of placing the order, they accept the provisions of the present GTC by checking the checkbox provided in the web store’s ordering page for the purpose, and failure to comply with those provisions shall constitute a breach of contract for which they are legally liable. At the time of placing the order the Customer declares that they have familiarise themselves with the content of the Privacy Policy published by the Service Provider and acknowledge the information on the management of personal data.


The Customer declares that the data they provided during registration and the ordering procedure are correct, and undertakes to take action to accept and to pay the purchase price of the Product(s) in the order they have placed and which the Company has confirmed, in accordance with the terms of delivery and payment they have selected during the ordering procedure. If the delivery fails for reasons attributable to the Customer, the Customer shall reimburse any resulting additional costs to the Company.


The Customer accepts that in case they breach the terms of contract and provisions published on the Company’s Website, the Company shall be entitled to declare the Customer’s registration invalid and to delete their account.


  1. Term and language of the contract, governing law


In accordance with Article 6:3 § a) of the Civil Code, the contract terminates when services are mutually rendered in full.


If any section of the GTC should prove legally incomplete of ineffective, the remaining sections of the contract shall remain in effect, the provisions of applicable legislation shall apply in place of the incomplete or ineffective sections.


The present GTC has been approved for an indefinite term and shall remain in effect until withdrawn.



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Általános szerződési feltételek (ÁSZF) - MAGYAR VÁLTOZAT (pdf)


Appendix no. 1 – Terms of Delivery

Appendix no. 2 – Declaration of Withdrawal form



 


Appendix no. 1

Terms of Delivery

Delivery Information

We deliver our products across Europe using GLS courier services.

  • Shipping fee: €7.50

  • Free shipping: for orders above €60 (within Europe)

  • Delivery time: usually 1–5 working days depending on the destination country

  • Customers receive automatic tracking and delivery notifications through GLS FlexDeliveryService.

Delivery Options

Botanic Bathhouse ships to the following countries:

Austria, Belgium, Bulgaria, Croatia, Czech Republic, Germany, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden

GLS International Services

  • GLS FlexDeliveryService (Europe-wide)

  • GLS PreadviceService

  • GLS Pick&ReturnService

  • GLS ExchangeService (XS)

  • GLS delivery to ParcelShops and ParcelLockers (where available)

  • GLS SMS notifications for international parcels

For orders from Hungary, MPL Standard Delivery and Cash on Delivery options are available.

Order Tracking

Once your order has been shipped, you will receive an e-mail with a tracking link.
Through GLS FlexDeliveryService, you can modify the delivery date, address, or request delivery to a nearby GLS ParcelShop or Locker.


 

Appendix no. 2


Declaration of Withdrawal / Termination form

(Please only complete and return if you intend to withdraw from the contract)


Addressee: Botanic Origin Kft., 1096 Budapest, Sobieski János utca 36.,

support@botanicbathhouse.com


We/I the undersigned hereby declare that I/we hereby exercise my/our right of withdrawal/termination in respect of the contract for the sale and purchase of the goods, or the provision of the service(s) below:


Date of contract / acceptance:

Name of Consumer(s):

Address of Consumer(s):

Signature of Consumer(s) (only if the declaration is submitted in paper form):


Dated:


Return address:

Addressee: iLogistic Kft (Botanic Origin Kft.) / 199-202-es rámpa

Address: 2051 Biatorbágy, Verebély László utca 2.