GTC AND GDPR
General Terms and Conditions
I. Purpose of the General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as "GTC") contain the general terms and conditions applicable to the use of the HERBAL BAR online store operated on the website herbalbar.hu (hereinafter referred to as the "Webshop"), as well as to consumer orders and purchases made through it.
If you use our Webshop, we kindly ask you to read the GTC carefully.
II. Entry into Force, Acceptance and Modification
These General Terms and Conditions (GTC) enter into force on the date of their publication on the website and remain in effect as the currently applicable GTC, which are always available on the website. HERBAL BAR reserves the right to unilaterally modify these GTC for the future without the prior consent of the contracting party.
In matters not regulated by these GTC, the established commercial practices of HERBAL BAR, the provisions of Act V of 2013 on the Civil Code (Ptk.), and Government Decree No. 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses shall apply.
By confirming any order placed in the Webshop, the Customer also confirms acceptance of the GTC in effect at the time. The agreement between the parties based on the GTC is concluded upon the confirmation of the order.
HERBAL BAR does not have a code of conduct as defined by the Act on the Prohibition of Unfair Commercial Practices.
III. Rules of Purchase
Orders can only be placed through the Webshop. We are unable to accept or fulfill orders submitted via other channels (e.g. phone, fax, email, Facebook, Messenger).
The provision of personal data required for using the services of the Webshop is voluntary, and HERBAL BAR uses such data only to the extent necessary for providing the service properly, in accordance with the provisions set out in the Privacy Policy.
Each customer will receive an electronic (email) confirmation of their order. The automatic confirmation only acknowledges receipt of the order by the company. In case of errors (e.g. incorrect pricing or stock issues due to a technical fault or program error), the seller is not obligated to deliver the product under the terms stated in the automatic confirmation. In the event of an incorrectly confirmed price due to a mistake or technical error, the seller will notify the customer as soon as possible. The customer can then decide whether to accept the product at the correct price, maintain the order, or cancel it.
In addition to the contractual relationship established by viewing the site, a "distance sales contract" is concluded between the Buyer and the Seller in accordance with Government Decree No. 45/2014 (II.26.) when a purchase is made through the Webshop.
By accepting the current GTC and submitting an order at the end of the ordering process, the Buyer makes a legally binding offer and acknowledges that the order entails a payment obligation.
Placing an order/purchase through the Webshop does not require registration; however, the Business is obliged to collect personal identification data as required by tax and accounting regulations, and the Buyer is obliged to provide these data. The same rules apply to purchases made without registration as to those made with registration.
By registering on the Website and voluntarily providing their data, the Buyer declares that they have read and accepted the current GTC and the Privacy Policy published on the Website, consent to the processing of their data as described in the Privacy Policy, and acknowledge that they are aware of and accept the provisions of the GTC, including the process of ordering, payment, and fulfillment.
IV. Order Confirmation
HERBAL BAR confirms the order to the Buyer electronically via an email sent to the address provided by the Buyer. If the confirmation does not reach the Buyer within three (3) business days from the time the order was placed, the Buyer's purchase obligation shall automatically cease without any further conditions.
HERBAL BAR is only obliged to fulfill the order if it has been confirmed. The contract is concluded upon confirmation of the order to the Buyer, and it creates a payment obligation for the Buyer. The confirmation is considered received by the Buyer when the email containing the confirmation becomes accessible to the Buyer.
Upon the conclusion of the contract, HERBAL BAR is obligated to deliver the product(s), and the Buyer is obligated to pay the purchase price of the product(s).
V. Product Prices
The current retail prices of the products are listed in the valid product catalog available on the website. All prices are in Hungarian Forints (HUF).
The prices indicated for the products do not include shipping costs. The final total in the shopping cart includes the applicable shipping fees.
If, despite the due diligence expected of it, HERBAL BAR displays an incorrect price—especially if it is obviously erroneous (e.g., a price significantly different from the generally accepted market price, or due to a system error such as a price of 0 HUF or 1 HUF)—HERBAL BAR is not obliged to sell the product at the incorrectly listed price. In such cases, HERBAL BAR will offer the product at its actual price. If the Buyer does not accept this offer, they may cancel the order, and the purchase shall be considered void.
VI. Payment Methods
When placing an order, the Buyer may choose to pay for the ordered products either in advance by bank transfer, by bank card, or via cash on delivery (COD) upon receiving the products. For in-person pickup at the HERBAL BAR Officina (1126 Budapest, Ugocsa utca 11., ground floor/2), cash on delivery is only available in cash.
Cash on delivery is not available for orders with a total value exceeding HUF 30,000 gross.
If a package is returned without delivery from the shipping address provided by the Buyer, any future orders from that Buyer will only be accepted if all associated costs are paid in advance. We are unable to send COD shipments to P.O. Box addresses.
Until full payment of the purchase price is received, HERBAL BAR retains ownership of the product(s) handed over to the courier service. Ownership of the product(s) transfers to the Buyer once the purchase price is credited to HERBAL BAR's bank account.
Online bank card payments are processed through the STRIPE system. The merchant does not have access to the bank card details.
Payment by bank card is available by clicking the "KÁRTYÁS FIZETÉS" (Bank Card Payment) button. On the bank's secure payment server, the cardholder must provide the bank card number, expiration date, and the security code (CVC/CVV) found on the back of the card.
VII. Shipping
Available shipping and pickup options:
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Personal pickup is possible at 1126 Budapest, Ugocsa utca 11., ground floor/2, by appointment.
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Home delivery is provided via GLS Ltd. or Hungarian Post (Magyar Posta Zrt.).
The delivery time is 4 to 10 business days from the order confirmation. The Buyer will be notified by email about the handover of the ordered product(s) to the courier. Home deliveries are made on business days between 8:00 AM and 5:00 PM.
Delivery via MPL courier service is provided without time guarantee.
If the ordered product is out of stock, HERBAL BAR will promptly inform the Buyer. If product procurement takes longer than 10 business days, the order will be individually discussed with the Buyer regarding its continuation.
Delivery via courier will be made to the shipping address specified by the Buyer at the time of order. The Buyer is responsible for ensuring that a person authorized to receive the ordered product(s) is present at the delivery address at the time of delivery. The Buyer bears all costs and damages resulting from failure to ensure this.
Shipping fee via courier: HUF 3,000
Cash on delivery (COD) fee: HUF 400 (applies even in cases of free delivery and regardless of payment method at receipt — cash or card)
Personal pickup is free of charge.
HERBAL BAR may offer free shipping as part of special promotions.
After signing the delivery note, HERBAL BAR will not accept any complaints.
Shipping to foreign addresses
For deliveries abroad, shipping fees depend on the destination country and package weight. For a preliminary calculation, please inquire by email at: hello.herbalbar@gmail.com
Buyers choosing a foreign shipping address can only pay via advance bank transfer.
For foreign deliveries, the Buyer may choose GLS courier service during the order process. Free home delivery is not available for foreign shipments.
Damaged Packages
If the package is damaged, torn, wet, or otherwise impaired, the Buyer is obliged to take a photo and return the package to the courier. The risk of damage to the product transfers to the Buyer upon handover of the product to the Buyer or a person acting on the Buyer's behalf.
VIII. Withdrawal
The right of withdrawal applies to consumers.
The Buyer is entitled to withdraw from the order after placing it, but before the ordered product(s) are handed over to the courier service responsible for delivery. This intention must be communicated in writing via email to hello.herbalbar@gmail.com. In such cases, the Buyer bears no costs and is not obliged to pay the purchase price of the ordered product(s).
If the delivery has already been made, the Consumer has the right of withdrawal under the sales contract within 14 (fourteen) days from the day of receipt of the product. In case of multiple products delivered separately, the withdrawal period applies to the last delivered product, or in case of products consisting of multiple items or pieces, to the last delivered item or piece. If the product is delivered regularly within a defined period, the withdrawal period starts from the day of the first delivery. The withdrawal must be made in writing in a statement addressed to HERBAL BAR. The Consumer does not need to justify the withdrawal. The withdrawal statement can be sent by email, fax, post, or courier.
The Consumer may only withdraw from the contract after delivery if the product(s) have not been unsealed or used. The products are sealed for health protection and hygiene reasons and cannot be returned once the packaging has been opened.
The Consumer can exercise the right of withdrawal using the withdrawal statement template provided in Annex 2 of Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses, or through a clear statement to this effect.
The withdrawal statement template in Annex 2 can be downloaded from www.herbalbar.hu.
In case of withdrawal, the Consumer must return the product(s) concerned without delay, but no later than 14 (fourteen) days from the date of the withdrawal notice, to the current registered office of HERBAL BAR. The costs of returning the product(s) shall be borne by the Consumer. HERBAL BAR is not obliged to accept parcels sent with postage due. If accepted, HERBAL BAR is entitled to deduct the shipping costs paid by it from the amount to be refunded to the Consumer. Products cannot be returned by post, only via courier service or in person to the current registered office of HERBAL BAR. The return is deemed timely if the Consumer sends the product(s) before the deadline expires.
Upon exercising the right of withdrawal, HERBAL BAR shall refund the Consumer the full amount paid as consideration, including all costs related to the performance, without undue delay, but no later than 14 (fourteen) days from becoming aware of the withdrawal. HERBAL BAR is only obliged to refund the full purchase price if the Consumer returns the product(s) in unopened, resalable, and undamaged packaging.
IX. Disclaimer of Liability for Website/Webshop Use
HERBAL BAR shall not be held liable for any damage or cost resulting from accessing the website or webshop. It is the Buyer's responsibility to ensure how to protect the data stored on their computer from unauthorized access.
The Buyer acknowledges that the webshop offers cosmetic products and essential oils, which come into contact with the skin during use. HERBAL BAR is not responsible for any damage caused by the Buyer's individual sensitivities or allergies during or after the use of the products. The products should be used according to the instructions and within their expiration date.
X. Complaint Handling and Consumer Protection
HERBAL BAR complies with all applicable and current consumer protection regulations. Consumer complaints or objections can be submitted in writing to the HERBAL BAR customer service at the following contact details:
Postal address:
1126 Budapest, Ugocsa utca 11., Ground floor 2.
E-mail:
hello.herbalbar@gmail.com
In accordance with legal requirements, HERBAL BAR responds to written complaints within 30 (thirty) days; in case of rejection, the response will include reasons and the relevant documents will be retained for the legally prescribed period.
If the complaint is rejected, HERBAL BAR will inform the Consumer in writing about which authority or conciliation body they may turn to for resolving the complaint. This information also includes the contact details (address, phone, internet) of the competent authority and the conciliation body based on the Consumer's residence or place of stay. The information also clarifies whether HERBAL BAR uses conciliation procedures for resolving consumer disputes.
The territorially competent consumer protection authority is:
Pest County Government Office
Consumer Protection Department
Budapest 1088 József krt. 6.
According to Government Decree No. 210/2009 (IX.29.) on the conditions for conducting commercial activities, a "customer complaint book" is available at the Customer Service for cases where the Consumer wishes to submit a complaint in writing at the Customer Service.
XI. Data Protection
HERBAL BAR values the protection of personal data, therefore it processes the personal data provided to it in accordance with the applicable data protection laws in force at all times.
For more information: www.herbalbar.hu/aszf
XII. Data Transfer Statement
I acknowledge that my following personal data stored in the database of the data controller Ercsényi Katalin e.v. (1126 Budapest, Ugocsa utca 11., ground floor 2.) at https://www.herbalbar.hu will be transferred to Stripe Inc. (354 Oyster Point Boulevard, San Francisco, California, 94080) as the data processor.
The scope of data transferred by the data controller includes: last name, first name, shipping address, phone number, email address, purchase-related financial data, billing name and address.
The nature and purpose of the data processing activities performed by the data processor can be viewed in the STRIPE Privacy Policy.
XII. Warranty and Guarantee
The provisions of Act IV of 1959 on the Civil Code, Government Decree No. 151/2003 (IX.22.) on mandatory warranty for certain durable consumer goods, and Government Decree No. 19/2014 (IV.29.) of the Ministry for National Economy on the procedural rules for handling warranty and guarantee claims related to contracts between consumers and businesses shall apply.
Warranty for defects
Based on the above, the Customer may enforce warranty claims against the business in case of defective performance.
The Customer may choose from the following warranty claims:
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The Customer may request repair or replacement, except if fulfilling the chosen claim is impossible or would cause disproportionate extra costs compared to fulfilling other claims.
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If the Customer did not or could not request repair or replacement, they may demand a proportionate price reduction or carry out (or have carried out) the repair at the business's expense.
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If the obligated party refuses repair or replacement, is unable to fulfill these obligations under the legal conditions, or if the Customer's interest in repair or replacement has ceased, the Customer may ultimately withdraw from the contract. According to the Civil Code, withdrawal is not permitted for insignificant defects.
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The Consumer may switch from one chosen warranty claim to another; however, the Consumer bears the costs of switching unless justified or caused by the business.
The Customer is obliged to notify the business of the defect without delay, but no later than within two months of discovering the defect. Warranty claims cannot be enforced after the two-year statute of limitations from the contract's fulfillment. For used goods, this period is two months but no more than one year.
Within six months from performance, enforcing warranty claims requires no conditions other than notifying the defect and proving that the product or service was provided by the business. After six months, the Customer must prove that the defect existed at the time of performance.
XIV. Copyright Statement
The operator of the website and the contributors involved in creating the content reserve their copyrights under Act LXXVI of 1999 on Copyright.
All content displayed on the www.herbalbar.hu website, including information, descriptions, articles, images, rules, videos, the website's graphics, or any other individual, original solution, are copyrighted works protected under the aforementioned law.
Unless otherwise specified by the copyright holders, the reproduction of the works found on the site is permitted only as follows:
It is prohibited to reproduce, modify, distribute, publicly transmit, or otherwise use the above works on any type of data carrier by any technical means without our prior written consent.
This prohibition does not affect cases of free use, which are allowed solely for user groups and purposes defined by law and to the extent prescribed therein.
XV. Closing and Other Provisions
If any provision of these General Terms and Conditions (GTC) is found to be invalid, the remaining parts of the contract shall remain binding. Where applicable, the relevant statutory provisions shall apply in place of the invalid provisions.
Purchasing on the website assumes that the Customer is aware of the technical and technological limitations of the Internet and accepts the possibility of errors inherent to the technology. The service provider shall not be held liable for any damage resulting from connecting to the Website. The Customer is responsible for protecting their computer and the data stored on it.
Privacy Policy
1. General Guidelines
Ercsényi Katalin sole proprietor (address: 1126 Budapest, Ugocsa utca 11., ground floor 2.), as Data Controller (hereinafter: Data Controller), hereby informs Users and Customers about data processing activities on the website and webshop www.herbalbar.hu in accordance with the European Parliament and Council General Data Protection Regulation (GDPR) No. 2016/679.
Data Controller Information
Name of Data Controller: Katalin Ercsényi, sole proprietor
Registered address of Data Controller: 1126 Budapest, Ugocsa utca 11., ground floor 2.
Email address of Data Controller: hello.herbalbar@gmail.com
Website: www.herbalbar.hu
2. Purpose of Processing Personal Data
Your personal data is processed for the purpose of operating the online store available at www.herbalbar.hu, as well as for the sale and promotion (marketing activities) of the products offered in the online store.
3. Legal basis for processing personal data
Operation of the online store (last name, first name, email address, password, comments, purchases) – GDPR Article 6(1)(a), meaning the processing is based on the explicit consent of the data subject.
Fulfillment of sales contracts related to products offered in the online store (last name, first name, shipping address, phone number, email address, financial data related to the purchase, billing name and address) – GDPR Article 6(1)(b), meaning the processing is necessary for the performance of a contract to which the data subject is party.
Marketing activities (sending newsletters, out-of-stock product notifications, personalized offers, data-driven marketing) related data (last name, first name, email address, phone number, favorite product, newsletter confirmation, newsletter unsubscription, customer segment, browser extension installation status, automated email sequences, SMS notification requests, favorite product, product credits, received emails) – GDPR Article 6(1)(a), meaning the processing is based on the explicit consent of the data subject and valid until withdrawn.
4. Categories of processed personal data and duration of data storage
Your personal data will be processed for the following durations:
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Operation of the online store – until withdrawal of consent,
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Data related to the fulfillment of sales contracts for products offered in the online store – 5 years after the completion of the contract,
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Data related to marketing activities – until withdrawal of consent.
The retention period for strict accounting records serving as the basis for financial documentation is 8 years.
The specified retention periods may be extended in case of official, judicial, or other proceedings.
5. Use of Cookies
When you use the website, a cookie related to the specific page load ("session cookie") is set in your browser. Cookies help provide you with personalized offers in the online environment. You can delete cookies at any time using the "delete cookies" option in your browser settings.
Recipients of Personal Data, Data Processors, Data Transfers
Your personal data may only be accessed by our executive officers and the data processors listed below (strictly within the scope necessary to perform their activities).
We engage the assistance of the following data processors for the listed activities:
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Webnode AG (Badenerstrasse 47, 8004 Zurich, Switzerland) – hosting service provider;
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Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) – visitor statistics;
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Facebook Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) – advertisements;
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GLS General Logistics Systems Hungary Ltd. (2351 Alsónémedi, GLS Europa Street 2.) – parcel delivery;
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Magyar Posta Zrt. (1138 Budapest, Dunavirág Street 2-6.) – parcel delivery;
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Stripe Inc. (354 Oyster Point Boulevard, San Francisco, California, 94080) – card payment service operated by Stripe Inc. as a data processor. Personal data transmitted to Stripe Inc. is handled in accordance with Stripe's Privacy Policy (https://stripe.com/en-hu/privacy).
Billing data of Users (last name, first name, address, phone number, email address) and order details are transmitted for the purpose of electronic invoicing and invoice storage of ordered products to KBOSS.hu Ltd. (operating the website szamlazz.hu) (1031 Budapest, Záhony Street 7.; tax number: 13421739-2-41; company registration number: Cg.01-09-303201). Personal data transmitted in this manner is processed in accordance with the data processing policy of KBOSS.hu Ltd.
6. You can submit your complaint or remark regarding data management in writing or by email at the contact details below:
Ercsényi Katalin e.v.
Postal address: 1126 Budapest, Ugocsa utca 11., Ground floor 2.
Email address: hello.herbalbar@gmail.com
What rights do you have regarding the processing of your personal data, and how do we ensure you can exercise them?
Right of access:
You may request information about what data we process about you, for what purpose, for how long, to whom we disclose it, and where the data we process originate from.
Right to rectification:
If your data changes or was recorded incorrectly, you may request correction, amendment, or clarification of your data.
Right to erasure:
In cases defined by law, you may request that we delete the personal data we process about you.
Right to restriction of processing:
In cases defined by law, you may request that we restrict the processing of your data.
Right to withdraw consent:
When your data is processed based on your consent, you have the right to withdraw your consent at any time, which does not affect the lawfulness of data processing carried out before the withdrawal.
Right to lodge a complaint:
If you believe your data rights have been violated, you have the right to lodge a complaint with the competent supervisory authority:
National Authority for Data Protection and Freedom of Information (NAIH)
Website: https://naih.hu
Postal address: 1530 Budapest, Pf.: 5.
Email: ugyfelszolgalat@naih.hu
Phone: +36 (1) 391-1400
In addition, the Metropolitan Court has jurisdiction and competence in this matter.