Terms of service

General Terms and Conditions (GTC)

1. What does this document contain?

These General Terms and Conditions (hereinafter: “GTC”) define the content of the contract concluded between the Customer and the Online Store (hereinafter: “Contract”). In particular, these GTC include:

  • the key company details and contact information of the Online Store,

  • the rights and obligations of you as the Customer and us as the Online Store,

  • information on the use of our website and the ordering process (e.g. registration, how to place an order, whether the contract is concluded in writing, the language of the contract, whether it is filed/archived, correction of data entry errors, offer binding and confirmation, etc.),

  • certain rules on performance deadlines,

  • liability rules,

  • shipping and payment terms,

  • information on the right of withdrawal and the conditions for exercising it,

  • information on warranty/guarantee, statutory warranty for defects and product liability warranty,

  • a detailed description of the legal remedies available to you.

Definitions

The definitions of the terms used in these GTC are set out in Annex I in full. For better understanding, certain terms may also be defined in the main text where relevant.

Technical information and mandatory notices

The technical information required to use the Website and certain other mandatory notices prescribed by law that are not contained in these GTC are available on the Website.

2. Applicable legislation

The Contract is governed by the laws of Hungary. The most important legislation is listed below so that you can verify your rights from primary, authoritative sources:

  • Act CLV of 1997 on Consumer Protection

  • Act LXXVI of 1999 on Copyright

  • Act CVIII of 2001 on Electronic Commerce Services and Certain Issues of Information Society Services

  • Government Decree 151/2003. (IX.22.) on Mandatory Warranty for Durable Consumer Goods

  • Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information

  • Act V of 2013 on the Civil Code (in particular Book Six)

  • Government Decree 45/2014. (II.26.) on Detailed Rules of Contracts Between Consumers and Businesses

  • NGM Decree 19/2014. (IV.29.) on the procedural rules for handling warranty and guarantee claims for goods sold under contracts between consumers and businesses

  • Regulation (EU) 2016/679 (GDPR)

  • Regulation (EU) 2018/302 on addressing unjustified geo-blocking and other forms of discrimination within the internal market

3. Introduction

Welcome to our website (hereinafter: “Website”).

Language of the Contract

The language of the Contract is Hungarian.

Key information: Who makes the offer and who accepts it?

Information published on the Website does not constitute a binding offer by the Online Store to conclude a contract. For orders placed under these GTC, you qualify as the offeror under applicable law, and the Online Store accepts your offer; the contract is concluded upon such acceptance.

Key information: Is the contract concluded in writing?

An order placed via the Website is not considered a written contract; it is deemed a legal declaration made by conduct. Accordingly, contracts concluded electronically between you and the Online Store are not filed/archived by the Online Store and are therefore not subsequently accessible or retrievable.

Placing an order, conclusion of the contract

Orders may be placed only electronically. Orders cannot be placed by fax, telephone, e-mail or post; the Online Store cannot perform orders submitted by such means.

By your conduct during the ordering process (e.g. ticking a checkbox, clicking the order submission button), you acknowledge and accept these GTC.

Code of conduct

The Online Store is not subject to any code of conduct.

4. Details of the Online Store

Company name: BABILONE PERFUMES KFT.
Registered office: [as per company records]
Product return address:

  • 7150 Bonyhád, Liget utca 25, Hungary

  • 7623 Pécs, Megyeri út 26/1, Quartz Office Building II., Hungary

Telephone: +36 20 448 2074
E-mail: hello@babilone.eu
Company registration number: 17-09-014135
Tax number: 32624618-2-17
Registering authority: NAV
Online sales platform (domain): babilone.eu
Bank account number: 11746036-24624376

5. Detailed purchasing terms

Registration

Purchasing on the Website does not require valid registration.

If registration is available on the Website, the rules are as follows:

  • You may register by clicking “Registration / Register” and providing an e-mail address and other details (see further details in the Privacy Notice).

  • After successful registration, you may log in to your user account by entering your login details on the login interface.

  • You may request deletion of your registration as specified on the Website (e.g. within your user account). Upon receipt of the request, the Online Store must delete the registration without delay. Your user data will be removed immediately from the system. This does not affect the retention of data and documents relating to orders already placed and does not result in their deletion. After removal, restoration of the data is not possible.

  • You are solely responsible for keeping your access data (especially your password) confidential. If you become aware that an unauthorised third party may have gained access to your password, you must change it without delay and, if misuse is suspected, notify the Online Store at the same time.

  • You undertake to update the personal data provided during registration as necessary so that it remains current, complete and accurate.

Ordering process

Learning about and selecting products

You can browse the Products on the Website, which are presented according to various criteria. By clicking a product category name, the list of Products in that category is displayed. By clicking a Product’s name or photo, you can read about the Product’s essential characteristics, detailed features and price.

“Cart” functions

If you wish to purchase a Product, you can place it in your virtual cart by clicking “Add to cart” (or similar). This serves as a preliminary step before submitting your order.

You can view the contents of your cart by clicking “Cart contents”, “Cart”, a similar button/label, or the cart icon.

Before final submission, you may increase/decrease quantities or remove Products from the cart as you wish.

What steps are required to submit your order?

To submit an order, you must provide your name, billing and shipping details by completing the web form on the Website, and select the desired shipping and payment method from the available options. If registration is available and you are logged in, certain data may be pre-filled for your convenience.

What should you do before submitting your order? (data checking/correction)

Before finalising your order, you can review a summary page containing all previously entered data and the Products and quantities you intend to order. If you notice any data entry errors, correct them. If you wish to change any cart item or your data before final submission, you may do so using the technical options provided (e.g. “Back” button or left arrow).

Submitting the order and the creation of your payment obligation

If you have confirmed that your details are correct and the cart contents reflect the Products you wish to order, then, after accepting these GTC (ticking the checkbox), you can submit your order by clicking “SUBMIT ORDER” (or similar). This creates a payment obligation for you.

Prices of Products

The purchase price displayed on the Website is shown as a gross amount including VAT and other public charges. The price displayed next to a Product does not include delivery costs. Product prices are indicated in Hungarian Forint (HUF). The total amount payable includes all costs, including shipping, based on the order summary and confirmation e-mail.

Order confirmation process

A contract may be concluded between you and the Online Store in one of the ways described below. Which of these applies is indicated on the Website and in the e-mails we send.

(A) Two e-mails: a technical confirmation and a second, contract-concluding e-mail

After you submit your order on the Website, you will receive two e-mails:

  1. Automatic confirmation e-mail (technical message): confirms that your order has been received by the system. It includes the data you provided (order ID, order date, list and quantity of Products, Product prices, shipping cost and total amount payable).

If you notice that this automatic confirmation contains incorrect data, you must notify us by e-mail without delay and provide the correct data. If you do not receive the automatic confirmation within 24 hours, please contact us, as technical issues may have prevented your order from reaching our system. If the customer does not receive the e-mail due to technical reasons, the Online Store will provide further information and assistance regarding order status upon request by e-mail. For this, the customer must e-mail the Online Store if they observed that the necessary message did not arrive.

  1. Acceptance e-mail (not an automated technical message): contains the Online Store’s contractual declaration accepting your offer/order and confirms within 48 hours from submission at the latest whether the order can be fulfilled. This acceptance e-mail constitutes acceptance of your offer by the Online Store and thereby the contract is concluded between you and the Online Store.

The online sales contract is an electronically concluded sales contract. Under the contract, the Online Store is obliged to transfer ownership of the item(s), and you are obliged to pay the purchase price and take delivery of the item(s).

(B) One e-mail that both confirms receipt and accepts the order

After you submit your order on the Website, you will receive one e-mail that includes both:

a) the receipt confirmation (including order ID, order date, list and quantity of Products, prices, shipping cost and total amount payable); and
b) the Online Store’s acceptance of your offer/order, confirming within 48 hours from submission at the latest whether the order can be fulfilled.

If you notice incorrect data in the confirmation, you must notify us by e-mail without delay and provide the correct data. If you do not receive our confirmation/acceptance e-mail within 24 hours, please contact us, as technical issues may have prevented your order from reaching our system.

Conclusion of the contract and its content

When is the contract concluded?

The contract is concluded when the Online Store’s acceptance e-mail becomes accessible in your electronic mailbox.

Offer binding

You are released from being bound by your offer if you do not receive the acceptance/confirmation e-mail regarding your submitted order without delay, but at the latest within 48 hours.

An order and its confirmation are deemed received when they become accessible to the recipient.

If confirmation does not arrive in time because you provided an incorrect e-mail address or because your mailbox is full and cannot receive messages, the Online Store excludes liability for the failure of your order and the non-conclusion of the contract.

If you have already submitted your order and you notice an error in the confirmation e-mail data, you must notify the Online Store within 1 day to avoid unintended or incorrect orders being fulfilled.

Incorrect price

We exercise the greatest care when displaying product prices and descriptions. However, it may occur that we display a price that deviates significantly from the usual market price (e.g. a promotional price) and/or an unrealistically low price due to IT/software error.

An obviously incorrect price may include any of the following:

  • a price of HUF 0 for one or more Products,

  • a discounted price reduced incorrectly (i.e. not reflecting the actual discount rate),

  • an erroneously published price without intent of actual reduction, lower than even the discounted market level.

In such cases, the Online Store is entitled to:

  • reject your offer created at an unrealistically low price, and

  • at its discretion either:

    • invite you to place a new order at the correct price (you are not obliged to submit a new order at that price), or

    • declare the process initiated at the incorrect price unsuccessful and no contract is concluded.

In assessing commercial practice, the benchmark is a consumer who is reasonably well-informed and acts with due care. Accordingly, the Online Store assumes that the Customer acts as a conscious consumer, is aware of the Product’s characteristics and market price level, and recognises when a displayed price is obviously too low.

Invoice

The Online Store issues an invoice for your purchase and sends it by e-mail and/or includes it in the parcel.

Payment methods

You may pay the purchase price using multiple payment solutions. Available payment options may change from time to time. We provide information on the currently available options on the Website (e.g. with icons) and during checkout. General information:

You may pay the total amount by:

  • Card payment: if card prepayment is available, you can pay securely via our contracted financial service provider’s system.

  • Bank transfer: you may pay by bank transfer before delivery/collection. Please wait for the Online Store’s order confirmation and transfer instructions before initiating the transfer. For security, verify the bank details against the bank account information stated in Section 4.

  • Cash on delivery (COD): if COD is available for the specific order, payment is made upon delivery/collection in cash and, depending on the courier, by card. The Online Store accepts only Hungarian Forint (HUF).

For determining payment methods, the service provider uses a fraud-prevention service (“Utánvét Ellenőr”). Based on feedback from this service, available payment methods may be determined for a visitor after automated decision-making. Certain payment methods may not be available to all users.

The Online Store does not apply different conditions for the payment transaction due to the Customer’s nationality, place of residence or establishment, the location of the payment account, the place of establishment of the payment service provider, or the place of issuance of the payment instrument within the EU.

Shipping terms

General information

Products may be ordered using multiple shipping methods at prices that may change over time; in some cases promotional shipping prices may apply. Available shipping methods and prices are displayed during checkout. This section provides general information.

Delivery methods

Home delivery

Please provide a shipping address where you are reachable during the day.

If you are not at the delivery address at the scheduled time and delivery fails, the courier will leave a notice using one of the contact details provided. Using the number on the notice, you may arrange a new delivery address/time with the courier service. The courier service will attempt delivery one additional time.

The courier therefore attempts delivery twice. If the second attempt also fails due to reasons attributable to you, the Online Store will attempt a third delivery only if you have already paid the order amount by bank transfer and the amount has been credited to the Online Store’s bank account.

The Online Store reserves the right to ship all Products in an order together and does not undertake partial deliveries.

Personal collection / pick-up point

If personal collection or parcel locker pick-up is available among the options during checkout, the Product may be collected at the specified pick-up point from the time indicated. Please wait for the confirmation e-mail or SMS confirming that collection is possible, sent by the Online Store or its agent.

Information on receipt of Products

Upon receipt, you must check whether the packaging is undamaged. If you notice damage to the packaging and/or the Product(s), ask the courier to draw up a written report. We do not accept subsequent complaints without a report.

Delivery deadline

After conclusion of the contract, the Online Store must deliver (make available) the Product to the Consumer without delay, but no later than within thirty (30) days.

The specific delivery deadline is always stated in the confirmation sent by the Online Store.

The Online Store hands over your order to the courier service as soon as possible depending on the type of Product(s). Actual delivery time may differ depending on the chosen method. The Online Store and/or the courier notifies you in advance of the delivery day by e-mail and/or SMS.

In case of delay by the Online Store, the Customer qualifying as a Consumer is entitled to set an additional deadline. If the Online Store fails to perform within the additional deadline, the Consumer may withdraw from the contract.

The Consumer may withdraw without setting an additional deadline if:

  • the Online Store refused performance, or

  • according to the Parties’ agreement or the purpose of the service, performance had to take place at a specified time (and not otherwise).

The webshop provides the option of Magyar Posta / MPL delivery; if the customer selects this delivery option, the customer must contact the Online Store before ordering using the e-mail address specified in these GTC.

Making delivery conditional upon prepayment

If you previously failed to accept delivery of the ordered Product (except where you exercised the right of withdrawal), or the Product was returned marked “not claimed”, the Online Store may make fulfilment of a new order conditional upon advance payment of the purchase price and delivery costs.

The Online Store may withhold handing over the Product(s) until it has verified successful payment via electronic payment solutions (including cases where, for transfers in the Customer’s local currency, currency conversion and bank fees result in an amount lower than required). If payment is incomplete, the Online Store will request the Customer to top up the amount.

International sales

If under the conditions specified on the Website customers ordering from Hungary may request delivery to Hungary and/or any EU Member State, the same option may be requested by customers ordering from outside Hungary. This means we do not apply unjustified territorial discrimination.

If the Online Store delivers orders within the EU, these GTC also apply to foreign orders; for the purposes of this section, “Customer” means:

  • a Consumer who is a citizen of an EU Member State or has residence in an EU Member State, or

  • a business established in an EU Member State purchasing goods/services within the EU solely for end-use.

Content on the Website and our correspondence and other communications are mainly in Hungarian, and we are not obliged to communicate by phone/in writing in a language chosen by the Customer.

Transfer of risk

If the Customer qualifies as a Consumer and the Online Store undertakes delivery to the Consumer, the risk passes to the Customer when the Customer or a third party designated by the Customer (other than the carrier) takes physical possession of the Product(s). Risk passes upon delivery to the carrier if the carrier was commissioned by the Customer, provided the carrier was not recommended by the Online Store.

Moderation on the Website

The operator of the Online Store reserves the right to moderate comments, reviews and opinions posted in the webshop, blog or other platforms/subpages based on the following:

  1. The operator may remove or modify, without prior notice, any comment or review that:

  • is defamatory, offensive, or otherwise harmful to others,

  • contains false statements of fact,

  • violates public taste or good morals,

  • is created with targeted malicious intent,

  • originates from fictitious persons or from persons who did not purchase from the webshop and do not have real product experience.

  1. The operator may verify user accounts and, if necessary, suspend or delete accounts that do not comply with the above. The operator may partially or fully block user IP addresses if they do not comply with the above.

6. Information on the right of withdrawal and rules for exercising it

Consumer’s right of withdrawal

Important: The rights listed in this section apply only to Customers qualifying as Consumers (hereinafter: “Consumer”; see Annex I). Accordingly, companies, institutions and other legal entities cannot exercise the right of withdrawal described below.

Pursuant to Section 20 of Government Decree 45/2014. (II.26.), in the case of a sales contract the Consumer is entitled to withdraw from the contract without giving any reason within fourteen (14) days from the day of receipt by the Consumer or a third party designated by the Consumer (other than the carrier) of:

  • the Product, or

  • in the case of multiple Products delivered separately, the last Product, or

  • in the case of a Product consisting of multiple lots or pieces, the last lot or piece, or

  • in the case of Products to be delivered regularly for a defined period, the first delivery.

The Consumer may also exercise the right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the Product.

Exclusion of the right of withdrawal

The Consumer has no right of withdrawal in the following cases:

  1. for service contracts, after full performance if performance began with the Consumer’s express prior consent and the Consumer acknowledged losing the right of withdrawal after full performance;

  2. where the price depends on financial market fluctuations beyond the business’s control;

  3. for non-prefabricated Products made to the Consumer’s specifications or clearly personalised;

  4. for perishable goods or goods with a short shelf life (e.g. fresh food, hot meals);

  5. for sealed goods that, for health protection or hygiene reasons, cannot be returned once unsealed after delivery. Return cannot be expected if the Consumer has opened the packaging that directly protects the Product and/or started normal use, because contact with the human body/fluids/bacteria cannot be excluded. If the Consumer has not started using such Products and has not opened the directly protective packaging, the right of withdrawal may be exercised under the general rules;

  6. for goods which, after delivery, are inseparably mixed with other goods by their nature;

  7. for alcoholic beverages whose value depends on market fluctuations beyond the business’s control and where delivery takes place after the 30th day from conclusion;

  8. for contracts where the business visits the Consumer at the Consumer’s express request for urgent repair/maintenance;

  9. for sealed audio/video recordings or computer software if unsealed after delivery;

  10. for newspapers, periodicals and magazines (except subscription contracts);

  11. for contracts concluded at public auction;

  12. for accommodation services (other than housing), transport, car rental, catering, or leisure services if the contract provides for a specific performance date/period;

  13. for digital content not supplied on a tangible medium if performance began with the Consumer’s express prior consent and the Consumer acknowledged losing the right of withdrawal once performance began.

If the Consumer wishes to exercise the right of withdrawal, they must send an unequivocal statement of withdrawal (e.g. by post or e-mail) to the Online Store using the contact details in Section 4. The Consumer may use the model withdrawal form at the end of these GTC.

Procedure rules for exercising the right of withdrawal

When is the withdrawal considered valid?

In case of written withdrawal, it is considered timely if the Consumer sends the withdrawal statement within 14 calendar days (even on the 14th day). For postal submissions, the date of posting is considered; for e-mail, the sending time is considered. We recommend sending withdrawal letters by registered mail so the posting date can be proven (burden of proof).

Who bears the burden of proof?

The Consumer bears the burden of proving that the right of withdrawal was exercised in accordance with this Section 6.

What must the Online Store do after receiving withdrawal?

The Online Store must confirm receipt of the withdrawal statement by e-mail within a reasonable time, especially if submitted via a method provided on the Website (e.g. web form).

What must the Consumer do after sending the withdrawal statement?

In case of withdrawal, the Consumer must return the ordered Product to the return address indicated by the Online Store on the Website without undue delay, but no later than within 14 days from notifying withdrawal. The deadline is met if the Consumer sends (posts or hands to a courier arranged by the Consumer) the Product before the 14-day period expires.

Who pays the cost of return?

The Consumer bears the cost of returning the Product, unless the Online Store has undertaken to bear it. The Online Store does not organise or cover return shipping. The Online Store will not accept parcels returned cash-on-delivery or with postage due. Apart from return shipping, no other costs are charged to the Consumer in connection with withdrawal.

Consumer liability for diminished value

The Consumer is liable only for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Product. The Online Store may therefore claim compensation for diminished value and reasonable costs resulting from such excessive use.

Refund deadlines and scope

If the Consumer withdraws, the Online Store refunds all payments received (purchase price), including delivery costs, without delay and no later than within 14 days from receipt of the withdrawal statement, except additional costs incurred because the Consumer chose a delivery method other than the least expensive standard delivery offered.

When can we withhold the refund?

The Online Store may withhold the refund until it has received the Product back or the Consumer has provided credible evidence of having sent it back, whichever is earlier.

Refund method

Refunds are made using the same payment method used for the original transaction, unless the Consumer expressly agrees to a different method (e.g. provides bank account details). The Consumer incurs no additional fees due to the refund method.

7. Information on statutory warranty, product warranty and guarantee

Relationship between guarantee and warranty rights

Guarantee and statutory warranty rights apply alongside each other. A key difference is that, for guarantees, the burden-of-proof rules are generally more favourable for the Consumer.

Defective performance

A Product is defective if it does not meet quality requirements in force at the time of placing on the market or if it does not have the characteristics described by the manufacturer.

No defective performance exists if the entitled party knew or should have known of the defect at the time of conclusion of the contract.

In consumer contracts, unless proven otherwise, a defect recognised within six months from performance is presumed to have existed at the time of performance, unless this presumption is incompatible with the nature of the item or the defect.

Statutory warranty for defects (kellékszavatosság)

If the Online Store performs defectively, you may enforce a statutory warranty claim against the Online Store under the Civil Code.

For new products purchased under a consumer contract, you may enforce warranty claims within a 2-year limitation period from receipt for defects that already existed at delivery. After two years, you can no longer enforce these rights.

For used products, a limitation period shorter than 2 years may be agreed. For Products sold by the Online Store, we provide a 1-year warranty for defects, meaning you may enforce your claim within a 1-year limitation period.

If the contract is not a consumer contract, the entitled party may enforce warranty claims within 1 year from receipt.

You may enforce your statutory warranty claim directly against the Online Store.

(a) Remedies under statutory warranty

At your choice, you may request repair or replacement, except where fulfilment is impossible or would impose disproportionate additional costs compared to another remedy. If you did not or could not request repair or replacement, you may request a proportionate price reduction, repair the defect at the Online Store’s cost yourself or have it repaired by another party, or—ultimately—withdraw from the contract. Withdrawal is not available for insignificant defects.

The period available for repair starts upon receipt of the consumer good.

You must notify the Online Store of the defect without delay, but no later than within two months from discovering it.

You may switch from one chosen remedy to another, but you must bear the cost of switching unless it was justified or caused by the Online Store.

If you enforce a warranty claim only for a separable part of the Product, it is not considered enforced for other parts.

(b) Release from statutory warranty liability

Within six months from performance, beyond notifying the defect, no further condition applies to enforce the claim if you prove you purchased the Product from the Online Store (by presenting the invoice or a copy). In such cases, the Online Store is released only if it rebuts the presumption by proving the defect arose after delivery.

If the Online Store proves the defect is attributable to you, it is not obliged to satisfy your claim. After six months, you must prove that the defect existed at the time of performance.

Product warranty (termékszavatosság)

In case of a defect in a Product (movable item), a Customer qualifying as a Consumer may—at their choice—withdraw (see Section 6) or enforce a product warranty claim.

However, you may not enforce both a statutory warranty claim and a product warranty claim in parallel for the same defect. If a product warranty claim is successfully enforced, you may enforce a statutory warranty claim against the manufacturer for the replaced Product or repaired part.

(a) Remedies under product warranty

You may request only repair or replacement of the defective Product. You must prove the defect when enforcing product warranty.

You may enforce product warranty within two years from the manufacturer’s placing of the Product on the market; thereafter, the right is lost. You must notify the manufacturer of the defect without delay; notification within two months of discovery is deemed timely. The Consumer is liable for damages caused by late notification.

(b) Manufacturer’s release

The manufacturer/distributor is released if it proves that:

  • the Product was not manufactured/marketed in the course of its business activity, or

  • the defect could not be recognised according to the state of science and technology at the time of placing on the market, or

  • the defect results from compliance with legislation or a mandatory authority requirement.

Proving one of the above is sufficient.

Mandatory guarantee / warranty (jótállás)

In case of defective performance, the Online Store is obliged to provide a mandatory guarantee for certain new durable consumer goods listed in Government Decree 151/2003. (IX.22.) (e.g. technical equipment, tools, machines), and in the specified scope for their accessories and components.

The scope applies only to new Products and only to consumer contracts concluded in Hungary for Products listed in the annex of the Decree.

Guarantee rights may be enforced only by Customers qualifying as Consumers.

The Online Store provides the duration of the guarantee for each Product at the latest upon receipt via the warranty/guarantee card.

The Online Store is released from guarantee obligations only if it proves that the defect arose after performance.

Guarantee period

  • HUF 10,000 to HUF 100,000 (inclusive upper limit 100,000): 1 year

  • Above HUF 100,000 up to HUF 250,000: 2 years

  • Above HUF 250,000: 3 years

Failure to observe the deadlines results in loss of rights. The period during which you cannot use the Product as intended due to repair is not included in the guarantee period.

The guarantee period begins on the day of delivery to you, or if commissioning is carried out by the business/agent, on the day of commissioning. If commissioning occurs more than six months after delivery, the start date remains the delivery date.

In case of replacement/repair of the Product or a part, the guarantee period restarts for the replaced/repaired Product (part) and for defects arising as a consequence of the repair.

Remedies under guarantee

For defects covered by guarantee, you may:

  • primarily request repair or replacement, unless impossible or disproportionately costly compared to the alternative, considering the value of a defect-free Product, the seriousness of breach and your interest; or

  • if the Online Store does not undertake or cannot perform repair/replacement within a suitable time while respecting your interests, or if your interest in repair/replacement ceases, you may request a proportionate price reduction, repair at the Online Store’s cost (yourself or via another party), or withdraw. Withdrawal is not available for insignificant defects.

Defects excluded from guarantee

A defect is not covered by guarantee if its cause arose after delivery, for example due to:

  • improper commissioning (except where performed by the Online Store or its agent, or due to faulty instructions),

  • improper use or failure to follow instructions,

  • improper storage/handling, damage,

  • force majeure / natural disaster.

Procedure for warranty/guarantee claims (for Consumers)

You may enforce a repair claim at the Online Store’s registered office, any site/branch, or directly at the repair service indicated on the warranty card. You may report claims using the contacts in Section 4.

You must prove conclusion of the contract (invoice/receipt). Costs of fulfilling warranty obligations are borne by the Online Store.

The Online Store must record minutes of your warranty/guarantee claim and provide a copy to you without delay in a verifiable manner.

Repair/replacement must be carried out within a reasonable time, taking into account the Product characteristics and intended use, while respecting your interests.

If the Online Store cannot state at the time of reporting whether the claim can be satisfied, it must notify you of its position within five working days in a verifiable manner.

The Online Store must retain the minutes for three years and present them to supervisory authorities upon request.

The Online Store strives to complete repair/replacement within 15 days. If it exceeds 15 days, the Online Store must inform you of the expected duration (electronically with your consent or another method suitable for acknowledgement).

If replacement is not possible, the Online Store must refund the purchase price shown on the invoice/receipt within 8 days. The 8-day period starts after the 30-day repair deadline elapses without result.

Additional mandatory guarantee rules:

  • Parties may not agree to terms deviating from Government Decree 45/2014. (II.26.) to the Consumer’s detriment.

  • If during the guarantee period:

    • at the first repair it is established that the Product is not repairable, the Online Store must replace it within 8 days (unless you instruct otherwise);

    • after three repairs the Product breaks down again, the Online Store must replace it within 8 days (unless you instruct otherwise or request price reduction/repair elsewhere at Online Store cost);

    • repair is not completed by the 30th day from notification, the Online Store must replace the Product within 8 days following expiry of the 30-day period (unless you instruct otherwise).

  • If the Product breaks down a fourth time, you may request repair, price reduction, or repair at the Online Store’s cost. If you do not choose, the Online Store must replace within 8 days; if replacement is impossible, it must refund the purchase price within 8 days.

  • Only new parts may be installed during repair.

  • If the Online Store fulfils its obligation by a method different from the one you requested, the reason must be recorded in the minutes.

  • If you request replacement within three working days of purchase/commissioning due to a defect preventing intended use, the Online Store cannot invoke disproportionate costs and must replace.

  • You may not enforce statutory warranty and guarantee claims in parallel for the same defect, nor product warranty and guarantee claims in parallel.

Guarantee does not affect your statutory rights, including warranty and damages claims.

If a dispute arises, you may initiate conciliation proceedings as described in Section 8.

The Online Store does not warrant damages arising after transfer of risk due to improper/negligent handling, excessive use, impacts different from specified, or other improper use.

8. Legal remedies

Complaint handling

When can you complain?

You may file a complaint with the Online Store regarding the conduct, activity or omission of the Online Store or anyone acting in the Online Store’s interest/benefit that is directly related to the distribution/sale of the Product(s) to you.

How can you complain?

You may complain orally or in writing.

Where can you complain?

You should first submit consumer complaints related to the Product or sales activity directly to the contacts in Section 4.

Oral complaint

The Online Store must investigate oral complaints communicated by phone immediately and remedy them where possible. If you disagree with the handling or immediate investigation is not possible, the Online Store records minutes.

For oral complaints communicated by phone or other electronic communications services, the Online Store sends you a copy of the minutes at the latest together with its substantive response, but no later than within 30 days.

The Online Store retains complaint minutes for three years and presents them to authorities upon request.

Recorded complaints are assigned a unique identifier to facilitate later retrieval.

In other cases, oral complaints are handled according to the rules for written complaints.

Written complaint

The Online Store responds substantively to written complaints within 30 days and takes measures to communicate its response.

If the complaint is rejected, the Online Store informs you of the reasons and must also inform you in writing which authority or conciliation body you may contact depending on the nature of the complaint. This includes contact details (seat, phone and internet contact, postal address) of the competent authority/conciliation body based on your residence/stay, and whether the Online Store uses conciliation procedures for dispute resolution.

Other remedies

If a consumer dispute between the Online Store and the Customer is not resolved through negotiations, the Consumer may turn to the conciliation body competent for their place of residence/stay or the one competent for the Online Store’s registered office. Further options:

  • conciliation procedure,

  • complaint to the consumer protection authority,

  • dispute resolution via the EU online dispute resolution (ODR) platform,

  • court proceedings.

EU ODR platform (as referenced in the original):
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

Government offices as general consumer protection authorities (as referenced in the original):
https://www.kormanyhivatal.hu/hu/elerhetosegek

Conciliation bodies list (as referenced in the original):
http://www.bekeltetes.hu/index.php?id=testuletek

(The original Hungarian text contains a detailed list of conciliation bodies and their contact data. For Shopify insertion, you may either keep the full list unchanged (translated) or link to the official list above to keep the policy shorter. If you want, I can provide a clean, fully translated “appendix-style” list exactly matching your original.)

The Online Store has a duty to cooperate during conciliation proceedings.

Court proceedings

If you do not turn to a conciliation body or the procedure is unsuccessful, you may initiate court proceedings under the Hungarian Civil Code (Act V of 2013) and the Hungarian Code of Civil Procedure (Act CXXX of 2016). Proceedings are initiated by filing a statement of claim, attaching all relevant documentary evidence.

9. Other provisions

Liability

The Customer uses the Website and the webshop interface at their own risk and accepts that, beyond liability for intentional harm or harm caused by a criminal act, and liability for breach causing death, bodily injury or damage to health, the Online Store does not assume liability for damages arising from use.

The Customer must ensure that use of the Website does not infringe third-party rights or laws, directly or indirectly.

The Online Store may, but is not obliged to, monitor content made available by the Customer (e.g. comments) and is not obliged to search for indications of unlawful activity and assumes no liability for published content.

The Online Store may contain links to third-party websites; the Online Store is not responsible for such providers’ privacy practices or other activities.

If the Customer notices objectionable content on the Website, please notify the Online Store without delay. If the Online Store, acting in good faith, finds the notice well-founded, it may remove or modify the information without delay.

Copyright and consequences of infringement

The Website as a whole—its graphic elements, text, blog posts and technical solutions and service elements—is protected by copyright and/or other intellectual property rights. The Online Store is the copyright holder or authorised user of all content displayed in connection with operating the Website and providing services accessible through it (including graphics, photos and other materials, layout and editing, software and other solutions, ideas and implementations).

Saving or printing the Website content (or parts) to a physical or other data carrier is permitted only for private use or with the Online Store’s prior written consent.

Unauthorised use may entitle the Online Store to claim a contractual penalty and/or damages for non-pecuniary harm. The contractual penalty is HUF 1,000 per word and HUF 5,000 per image. For documenting copyright infringement, the Online Store uses a notary; the notary may authenticate infringements committed on the internet.

Beyond rights expressly defined in these GTC, neither use of the Website nor any provision of these GTC grants the Customer any right to use any trade name or trademark shown on the Website.

The Online Store reserves all rights to all elements of its service, especially its domain name, subdomains, other registered domains and their subpages, and online advertising surfaces. Any activity aimed at listing, systematising, archiving, hacking the database, or decompiling source code is prohibited unless expressly permitted in writing.

Without a separate agreement or use of the service intended for that purpose, it is prohibited to modify, copy, insert new data into, or overwrite existing data in the Online Store’s database by bypassing the provided interface or search engines.

Waiver of rights

Any waiver of rights is valid only if made by an explicit written declaration. Failure by the Online Store to exercise any right under these GTC does not constitute a waiver.

10. Unilateral amendment of the GTC; exclusions

How can we amend the GTC?

The Online Store may unilaterally amend these GTC while providing prior information to the Customer on the Website. The amended provisions become effective vis-à-vis the Customer upon the first use of the Website after they enter into force, and apply only to orders placed after the amendment. Amendments have no retroactive effect.

Entire agreement; exclusions

These GTC together with notices and other information available on the Website constitute the entire agreement between the Online Store and the Customer.

Contracts concluded under these GTC do not include any prior course of dealing between the parties, nor any usage widely known and regularly applied in the given industry.

Governing law

Hungarian law applies, without prejudice to mandatory EU consumer protection laws.

Annex I — Definitions

Parties: the Online Store and the Customer jointly.

Consumer: a natural person acting outside their profession, independent occupation or business activity, who buys, orders, receives, uses or utilises goods, or is the addressee of commercial communication or an offer relating to goods.

Important: For proceedings before conciliation bodies, the concept of “consumer” is broader than the above and may also include certain civil organisations, churches, condominiums, housing cooperatives, and micro/small/medium-sized enterprises acting outside their independent occupation or economic activity, who buy, order, receive, use or utilise goods, or are addressees of commercial communications/offers relating to goods.

Consumer contract: a contract where one party qualifies as a Consumer.

Website: the electronic interface operated by the Online Store where the Contract is concluded.

Guarantee (jótállás):

  • the Civil Code guarantee undertaken for performance in contracts between the Consumer and the Online Store, whether voluntarily beyond statutory obligations or in the absence thereof, and

  • the mandatory statutory guarantee.

Contract: the sales contract concluded between the Online Store and the Customer via the Website.

Distance contract: a consumer contract concluded under an organised distance-selling scheme without simultaneous physical presence of the parties, using only means of distance communication.

Product(s): movable items offered for sale on the Website that may form the subject matter of the Contract upon ordering.

Customer: a person concluding a Contract via the Website by making a purchase offer; may be a Consumer or a non-consumer organisation (legal entity or other organisation).

Online Store: one contracting party under these GTC; the organisation specified in Section 4.

Annex — Model withdrawal form

(Complete and return only if you wish to withdraw from the contract.)

We can accept returned Products only if they are returned to the address below; otherwise we cannot refund the amount:

Return address:
7623 Pécs, Megyeri út 26/1, Quartz Office Building II — Babilone Perfumes Kft. (Hungary)

Online Store details:
Company name: BABILONE PERFUMES KFT.
Address: Pécs, Megyeri út 26/1, Hungary
E-mail: hello@babilone.eu
Tax number: 32624618-2-17

I/We, the undersigned, declare that I/we exercise my/our right of withdrawal in respect of the contract for the sale of the following product(s):

Order number: …………………………………………………………….
Product name: ……………………………………………………………
Date of conclusion of contract / date of receipt: …………………………

Name of Consumer(s) exercising withdrawal: …………………………………………
Address of Consumer(s) exercising withdrawal: ………………………………………
………………………………………………………………………………………………

If you provide the following details, you consent to the Online Store refunding the total amount you paid by bank transfer:

Beneficiary name: ………………………………………………………………………
Bank account number (IBAN): …………………………………………………………
E-mail address provided at purchase/registration: ……………………………………

Date: …………………………………….. (day) ……………….. (month) ……………….. (year)

……………………………………………………………………………………………
Signature of Consumer(s)
(signature required only if submitted by post)