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These General Terms of Use (hereinafter referred to as “GTU“) issued by Tomán Lifestyle Kft. (Registered seat: H-1126 Budapest, Szendrő utca 57/B. Postal address: H-1126 Budapest, Szendrő utca 57/B. Company registration number: 01-09-202790, Registration authority: the Company Court of the Metropolitan Court of Budapest, Tax number: 25150920-2-43, Representative: Szabina Tomán, Telephone number: +36 20 486 9149, +36 20 242 8008, E-mail address: lipbar@bytoman. hu hosting provider: Cloudways Ltd. (Junction Business Centre, 1st Floor, Sqaq Lourdes, St Julian’s SWQ 3334 Malta, VAT#: MT20765109) hereinafter referred to as: (Operator) set out the terms and conditions of use of the services available on the www.lipbar.hu website (hereinafter referred to as the “Service“) by the user (hereinafter referred to as the “Client” or “User” or “Customer”). The Operator, Client, User or Customer are hereinafter referred to individually as: a Party, jointly as: the Parties.
The Operator reserves the right to unilaterally modify these General Terms of Use. The Operator may inform its Users of the modification in the form of a short notice, which may be posted on the dedicated interface of www.lipbar.hu, included in a newsletter sent by the Operator or a notification sent to all Users at the e-mail address provided in their My Account. In such cases, an amended version of the General Terms of Use will be published on the www.lipbar.hu website.
The following terms shall have the following meanings in this GTU:
– www.lipbar.hu: the homepage maintained by the Operator;
– Operator: the Operator offering its products for sale and its services to Clients and Customers on the www.lipbar.hu electronic platform;
– User: the natural or legal person who accesses the content of the www.lipbar.hu webpage;
– Client is a User who registers on the www.lipbar.hu webpage, has a user account (hereinafter: My Account) – thereby accepting the Operator’s General Terms of Use.
– Customer: a Customer who has placed an order through registration or without registration on the www.lipbar.hu webpage.
– My Account: the Client can create a My Account by registering on the www.lipbar.hu webpage by entering their e-mail address and password. If the User places an order on www.lipbar.hu without using his/her own account (My Account), the Operator will create a My Account for the Client with the data provided during the order
The My Account contains the data and information provided by the Client during registration and when placing the order(s), as well as the order number and relevant documents (guarantee letter, invoice, etc.) related to the order.
The User is required to provide true data during registration, and the Client is required to provide true data when placing an order. The User is responsible for the accuracy, completeness and timeliness of the information provided. If the Operator becomes aware that the data provided by the User/Client (also) contains elements that are not true, the Operator is entitled to restrict the Client’s access to his/her My Account or to the www.lipbar.hu webpage; The Operator is entitled to restrict the Customer’s access to his/her My Account or to exclude the Client from using the www.lipbar.hu webpage in the event that the Client misuses the www.lipbar.hu platform or its services. An example of misuse of the platform is when a Client places an order for several products but, through his/her own fault, deliberately fails to take delivery of the products when they are delivered or after they arrive at the place of delivery.
– Shopping Cart: The part of the Customer’s/User’s My Account where the Customer/User can place the Products that he/she wishes to purchase at the time of placement or at a later time. If the Customer/User does not wish to order the Products placed in the Shopping Cart at the time of placing, he/she may monitor them by means of Commercial Notices received from the Operator.
– Website: the online shop located at the www.lipbar.hu website and its subpages;
– Products: all products listed/appearing on the Website, offered for sale by the Operator, for which the Client can place an order on the Website; Products can be ordered on-line with home delivery. The Products are food, dietary supplements and other products. The Products are sold in different packaging. The images shown on the Product data sheets may differ from the real ones and are for illustrative purposes only. The prices indicated for the Products are gross prices and include the value added tax to be charged in accordance with the legislation in force at the time. The price of the Products includes the cost of packaging and packaging for delivery. The price shown for the Products does not include shipping costs, which can be found on the website under “Shipping Options”.
– Contract: a contract is concluded between the Operator and the Customer for the sale/purchase of the Products displayed on the Website, as set out in these GTU, without the simultaneous physical presence of the Operator and the Customer. Language of the contract: Hungarian. The contract is not considered as a written contract.
– Content: (i) any data and/or information (including images, graphics, logos, graphics, video, files, text, design) that is visible and accessible on the Website;
(ii) any data and/or information contained in any e-mail and/or other message sent by the Operator to the Customer via an electronic communication device; (iii) data, information and prices relating to third parties partnered with the Operator and the services provided by them (in particular, but not limited to: courier services);
– Newsletter: commercial message, communication sent periodically by the Operator to Users subscribed to the newsletter service by electronic means (e-mail, SMS), which provides information about changes/news concerning www.lipbar.hu, about the Products displayed on www.lipbar.hu-n and/or about promotions and discounts organized/undertaken by the Operator in a given period;
– Order: the Customer makes a written purchase offer to the Operator for one or more Products on the Website.
– Cart value: the amount of the purchase price of the Products to be ordered from the Operators in an Order, minus the value of the discount coupon and/or voucher used/claimed by the Client, i.e. the total amount payable by the Client to the Operator after placing the Order.
– Commercial Notice: any notice sent by electronic communication means (e.g. email, SMS, mobile notification, web notification, etc.) containing general and thematic information about products similar to or complementary to those previously purchased; other offers and promotions; or the results of market and opinion research.
BROWSING
1.1. The Webshop provides product demonstration and online ordering facilities for Users. Anyone can browse the Webshop without registration. Products are listed individually in the Webshop. If all the products under the webshop menu item do not fit on one page, you can scroll using the numbers above and below the products. From the product list, the detailed product page can be accessed by clicking on the product name, where detailed information on the features and price of the product you wish to order can be found.
In the Webshop you can search for products by keyword. Product results that match your search criteria are displayed in a list similarly to categories.
ORDER
2.1. Product selection
The selected product can be added to the “Shopping Cart” by clicking on the “Shopping Cart” button, next to the button where the required number of items can be added. The Customer can check the contents of the “Shopping Cart” via the “Shopping Cart” menu. Here the contents of the “Shopping Cart”, and the individual items in the “Shopping Cart” can be modified and/or deleted. By using the “Empty Shopping Cart” button the content of the “Shopping Cart” can be completely emptied. After placing the Products to be purchased in the “Shopping Cart”, the Customer can continue the purchase process by clicking on the “Continue to Checkout” button or can add more Products to the “Shopping Cart” by clicking on the “Continue Shopping” button.
2.2. Registration, login
2.2.1. The Customer can purchase a Product by logging in or without registration.
2.2.2. Login is subject to registration.
2.2.3. When registering, and in the case of purchases without registration, the Customer is required to provide the following information: e-mail address, name, telephone number, home address, billing address and, if different, delivery address. In addition to the above information, registration requires a username and password.
2.2.4 The Customer will receive confirmation of successful registration by e-mail and can also find information on the Homepage. The Customer may request the Company to cancel his/her registration by e-mail. The Customer is responsible for keeping the login data confidential. The Customer is responsible for updating his/her data and must notify the Company if he/she becomes aware that his/her data has been misused by a third party. In the case of a forgotten your password, a new password can be requested in the Webshop for the registered e-mail address. If the Customer has already registered, the order process can be continued by entering his/her username and password.
Through the www.lipbar.hu website, the Client/Customer may place an Order electronically by adding the selected Product(s) to the Shopping Cart, specifying the quantity of the selected Product, the shipping and billing information required to complete the Order, and selecting the payment and delivery method. Adding a Product(s) to the Shopping Cart does not constitute finalization of the Order.
2.3. Selection of payment and delivery method
2.3.1. After selecting the Products, the Customer chooses the payment and delivery method that suits him/her. The Customer has the possibility to pay by SimplePay credit card; Transfer via SimplePay. A summary page allows the Customer to check all the details previously provided and the Products, price and quantity they wish to order. In case of data entry errors, the data can be corrected by using the pencil icon.
2.3.2. The Customer may finalize his/her order after accepting these GTU and the Privacy Notice.
2.3.3. By finalizing the Order, the Customer declares that the data provided by him/her for the purchase are true and agrees to their use and processing by the Operator for the purpose of fulfilling the Order, in particular, in order for the Operator to contact him/her, if necessary, by any of the contact details (email or telephone) provided. By finalizing the Order, the Client undertakes to pay the Order in the manner of payment indicated by him/her, in case of failure to do so, the Operator may refuse to fulfill the Order.
2.3.4. If the Customer finds everything satisfactory, he/she can finalize and send the order by clicking on the “Submit Order” button. The sending of the order by the Customer shall constitute an offer made by the Customer. The Customer will receive an automatic confirmation of his/her order within 24 hours via the shopping cart interface of the webshop, the webshop account on the homepage or by e-mail, indicating the order number.
2.3.5. If the Customer notices any incorrect data after sending the order (e.g. in the automatic confirmation e-mail), he/she must notify the Company immediately, but within 24 hours at the latest. Regardless of the intention to order, the Customer can modify the data provided during registration. Information about the delivery of the product will be sent by the shipping company. There is no need to be logged in to the Webshop to view the prices of Products or to add Products to the shopping cart. The Customer may pay the purchase price of the ordered Products by credit card (OTP SimplePay) or by bank transfer. The contents of the shopping cart can be saved for later purchase after logging in.
2.3.6.Products ordered will be dispatched within 3-5 working days. The Transport charge will be determined according to the current tariff. Our webshop service only works within the European Union.
2.3.7. The order and its confirmation shall be deemed to have been received by the Operator or the Customer when it becomes available to them.
The Contract between the Operator and the Customer is concluded when the Operator receives the order placed by the Customer by e-mail.
After placing the Order, the automatic system message sent to the Customer by e-mail about the recording of the Order is for information purposes only.
2.3.8. In the case of online payments (online credit card payments), the Operator is not liable for any additional costs incurred by the Customer which depend on the payment method chosen by the Customer or the card issuing bank of the Customer (in particular, but not exclusively, exchange rate, other costs). The Customer is responsible for the consequences of the payment method chosen.
2.3.3. The Operator reserves the right to reject an Order placed by the Client without giving any reason. The Operator is also entitled to confirm less than the quantity of the Products specified in the Order, depending on the stock. The Customer will be notified of this by e-mail. In such a case, the Operator shall refund to the Customer the purchase price of the Products already paid by the Customer but not confirmed by the Operator.
2.3.4. The Operator undertakes to repay the purchase price in the following ways:
If the Customer has paid the Order by online payment by credit card, the refund will also be refunded in this way to the financial institution that issued the credit card, upon request of the Operator to the online payment partner;
2.3.5. The Operator may withhold the refund of the purchase price until the Product ordered has been returned to him. The Customer shall immediately (but no later than 14 days after the notification) arrange for the return of the Product to the Operator following the notification of withdrawal.
2.3.6. If the Operator is unable to deliver the Product(s) ordered by the Customer, the Operator is obliged to inform the Customer of this and to refund the amount of the Order within 7 days, if the amount has been paid and the Customer has expressed and accepted the fact of termination of the contract. The Parties may also agree to reschedule and/or modify the performance of the Order.
2.3.7. The www.lipbar.hu website is operated by Tomán Lifestyle Kft., a business company based in Hungary. For certain purchases (Orders) from the site, the National Tax and Customs Administration may request an EKAER (Electronic Roadside Control System) number from the customer (for non-risky food products over 2,500 kg or a net value of HUF 5 million), in accordance with the Hungarian legislation in force. Obtaining the EKAER number is the obligation and responsibility of the customer (as Recipient), as is compliance with the Hungarian legislation in force. It follows that the Customer is liable for the consequences of any breach of these laws.
In order for the EKAER number to be sent to www.lipbar.hu, please contact www.lipbar.hu by phone for helpdesk assistance.
2.3.8. The Operator may – without any legal consequences – cancel the Customer’s Order, without notifying the Customer at the same time, in the following cases:
– if the Customer has selected an online payment method and the issuing financial institution does not authorize the transaction;
– if the Customer has selected an online payment method and the online payment partner is unable to validate the transaction;
– if the data provided by the Customer are not accurate, incomplete or do not allow the fulfilment of the Order;
2.3.9. The order shall be deemed to be a contract concluded by electronic means, which shall be governed by Act V of 2013 on the Civil Code, Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services.
DELIVERY
3.1 The Operator undertakes to deliver the ordered Product – through its contracted delivery partners – to the delivery address in the European Union specified by the Customer during the Order.
3.2 The Operator shall ensure the proper packaging of the Product ordered and the sending of the accompanying documents.
3.3 The Operator will only deliver to an address within the European Union. In the case of a delivery to a country outside the European Union, the Customer must notify it in advance by e-mail to lipbar@bytoman.hu email address.
3.4 The Operator shall inform the Customer in advance of the cost of delivery during the Order placement process and on the dedicated interfaces of the Website. The Operator shall inform the Customer in advance of the expected date of delivery of the Products, however, notifications and communications related to the delivery of the Products, in particular the expected date of delivery, are for information purposes only and do not become part of the contract. On this basis, neither the Operator nor the Customer may bring a claim for damages against the other party in the event of failure or omission of the statements and information provided in connection with the delivery.
3.5. Quantitative and qualitative acceptance of the Products is carried out by the Customer in the presence of the courier when the ordered Products are delivered. In this context, the Customer is obliged to verify the detectable defects of the Product in the presence of the courier at the same time as the package is opened. If the Customer notices that the Product is damaged, aesthetically or otherwise defective when opening the package, he/she is obliged to refuse to accept the Product(s) and return the Product(s) to the courier by filling in the form provided for this purpose.
TRANSFER OF OWNERSHIP OF THE PRODUCTS
4.1. Ownership of the Products shall pass to the Customer upon receipt of the Product, provided that the Customer has paid the purchase price of the Product in full.
INVOICING
5.1. The prices of the Products on the Website are in HUF and include VAT and, in the case of products subject to environmental product charges, the environmental product charge.
5.2. The price, payment method and payment deadline are indicated in each Order. The Operator issues an invoice to the Customer for the Products ordered, the Customer is obliged to forward all data and information necessary for the issuance of the invoice in accordance with the legislation in force.
5.3 The invoice shall indicate the purchase price of the Products to be purchased, the payment method and the payment deadline for each recorded Order. The Operator shall issue an invoice for the Products ordered and delivered, in accordance with the legislation in force. It is the Customer’s responsibility to record all the data relating to him/her on the invoice issued, in accordance with the truth. In case of failure to do so or incomplete or incorrect recording, the Operator shall not be obliged to issue a new invoice.
5.3.1. In the case of an order for Products sold by the Operator, a separate invoice shall be issued to the Customer for the delivery fee payable, as set out in clause 5.4.
5.4 The Operator shall provide the invoice for the Products sold to the Customer primarily by electronic means. The issued invoice is available in electronic form from the Client’s My Account, or in the form of an electronic message (e-mail) with a link to the e-mail address provided in the My Account.
5.5 If billing information, including the issued invoice(s), is not available in the My Account for more than forty-eight (48) hours, the Customer may inform the Operator’s customer service in writing.
5.6. The Client is responsible for logging into his/her My Account, for making it automatic where applicable, and for setting and entering the password required for logging in, as well as for any transmission or disclosure of the password to third parties. Any liability arising therefrom shall be borne by the Customer. The owner of the My Account is responsible for the order placed from the My Account and any related activity on the client side, and the Operator excludes any liability in this regard.
WITHDRAWAL
6.1. The Customer, who is a consumer, may withdraw from the contract in accordance with the provisions of Government Decree 45/2014 (II. 26.) on the detailed rules of the Consumer Business Contracts Regulation (hereinafter: Government Decree), within 14 days, as follows.
6.1.1. Under the Government Decree, the Customer (if he/she is a consumer) has the right of withdrawal (the right to return the product). The Customer may exercise this right in all cases, with some exceptions, without giving reasons
6.2. The Customer may exercise his/her right of withdrawal either by completing the form in Annex 1 to this GTC or by making a clear written declaration of his/her intention to withdraw (hereinafter collectively: Withdrawal Declaration) and sending any of them to the Operator. The Customer shall send the Withdrawal Declaration to the Operator’s (i) registered seat/postal address by post or (ii) email address by electronic mail. The Customer’s right of withdrawal shall be deemed to have been exercised within the deadline if the Customer submits the Withdrawal Declaration by post before the deadline. If the Customer has ordered more than one Product and the delivery/acceptance of each Product takes place at different times, the period for withdrawal shall start from the date of delivery/acceptance of the last Product delivered.
6.2.1. The Customer may also withdraw from the sales contract from the day of conclusion of the contract until the day of receipt of the ordered Product.
6.2.3. In the event of the Customer’s withdrawal, the Operator shall immediately, but no later than within 14 days of receipt of the Customer’s Withdrawal Declaration, reimburse all consideration paid by the Customer, including the costs incurred in connection with the performance, except for the additional costs incurred due to the fact that the Customer chose a mode of transport other than the cheapest usual mode of transport offered by the Operator.
6.2.4 The Operator may withhold the refund until the Customer has returned the Product to the Operator or has proved beyond reasonable doubt that it has been returned to the Operator. The Operator does not have the right of retention if it has undertaken to return the Product itself.
6.2.5. When refunding, the Operator shall use the same payment method as the payment method used by the Customer, unless the Customer expressly agrees to use another payment method. No additional costs will be charged to the Customer as a result of the latter refund method.
6.3 The Customer is obliged to return the Products affected by the withdrawal to the Operator to the Company’s registered seat/postal address by post or in person without undue delay, but no later than 14 days from the date of the notification of the Withdrawal Declaration. The Customer’s return is deemed to have been completed on time if the Product is posted or handed over by the Customer before the expiry of the deadline in accordance with this paragraph. The direct costs of returning the Product are borne by the Customer.
The Customer may be held liable for depreciation of the returned Product only if it has occurred due to use beyond the use necessary to determine the nature, characteristics and functioning of the Product. If the Product is a food product, therefore the tasting of the Product by the Customer does not expressly constitute use necessary to determine the nature, properties and functioning of the Product, and the Customer is therefore liable for the foregoing. The Operator shall not be obliged to take back any Product opened for health and safety or hygiene reasons and/or with damaged packaging and/or incomplete quantities, in which case the Operator shall not be obliged to refund the Product.
6.4. The right to withdraw from the Contract may not be exercised in the following cases:
GUARANTEE
7.1. All non-food Products sold by the Operator are covered by a guarantee in accordance with the legislation in force and the manufacturers’ commercial practices. The Operator distributes on the Website new Products (excluding repackaged Products), in their original packaging, from a controlled source and with a manufacturer’s license.
7.2. In the case of non-food Products sold by the Operator, the Customer will receive a separate guarantee ticket for each Product that is covered by the guarantee at the time of delivery.
7.3. The Customer may report any comments regarding the absence of a guarantee ticket to the Operator at www.lipbar.hu.
7.4. A defect is not covered by the guarantee if the cause of the defect occurred after the delivery of the product to the Client, for example:
WARRANTY
8.1. The Client may lodge a warranty claim against the Operator in case of defective performance by the Operator. In the case of a consumer contract, the Client may assert warranty claims for product defects that existed at the time of delivery of the non-food Product during the 2-year limitation period from the date of receipt. After the two-year limitation period, the Client will no longer be able to enforce his/her rights under the warranty.
8.2. In the case of a contract concluded with a non-consumer, the rightful claimant may enforce his/her warranty claims within a limitation period of 1 year from the date of receipt.
8.3. The Customer may, at his/her option, request repair or replacement, unless the fulfilment of the request chosen by the Customer is impossible or would involve disproportionate additional costs for the Operator compared to the fulfilment of his/her other request. If the Customer has not requested or could not request the repair or replacement, the Customer may request a proportionate reduction of the consideration or the Customer may have the defect repaired or replaced by another party at the expense of the Operator or, in the last resort, may withdraw from the contract. No grounds exist for withdrawal based on immaterial defects.
8.4. The Customer may migrate from one warranty right to another. The Customer is obliged to pay the costs caused by the migration, unless the Operator gave a reason for the migration or the migration was otherwise justified.
8.5. The Customer shall notify the Operator of the defect without delay after the defect is discovered. A defect reported in two months from its discovery shall be regarded as promptly reported.
LIABILITY
9.1. The Operator shall not be held liable for any damage to the Customer or any third party arising from the Operator’s performance of its contractual obligations. The Operator shall not be liable for any damage resulting from the use of the Products. The Operator shall not be liable for any damage to the Products after delivery to the courier service, any problems arising from the delivery shall be the responsibility of the courier service.
9.2. The data sheet of the selected product will contain descriptions of the essential characteristics of the product, the instructions for use, with the proviso that more information about the actual characteristics of the selected product can be found in the instructions for use attached to the product.
SPECIAL TERMS FOR ONLINE SALES
10.1. The Website can be accessed by any User/Client. The Operator reserves the right to restrict the Client’s/Customer’s right to place an Order and access to it and/or to choose a payment method, if the Client’s/Customer’s activity on the Website may jeopardize the smooth operation of the Website and/or may cause damage to the Operator. In this case, the Client/Customer may contact the Operator’s Customer Service, where the reasons for the restriction(s) will be provided.
10.2. The Client may contact the Operator via the contact details provided by the Operator. The Operator shall be responsible for the truthfulness and accuracy of the information provided by it for contact purposes.
10.3. If, in the opinion of the Operator, the traffic from a particular Internet network is above the average, the Operator reserves the right to introduce the use of a “captcha” type code for Users/Clients/Customers visiting the Website, in order to protect the content and all information on the Website.
10.4. The Content included on the Website, in particular the information used to describe the Products, does not imply any obligation on the part of the Operator to make an offer, they are for presentation purposes only, the images on the Website are for illustration purposes only. Any Content sent to the Customer or the Client by any means of communication (electronic, telephone, etc.) or obtained by the Client/Customer by accessing, visiting and/or browsing shall not constitute a contractual obligation or a binding offer on the part of the Operator and/or, if any, a contractual obligation or a binding offer on the part of the Operator’s employee/agent who has arranged for the transmission of the Content, in relation to such Content.
10.5. The Operator may entrust the performance of services related to the execution of the Order to a third party with prior and/or simultaneous notification of the Customer. This is not subject to the Customer’s consent. However, in such cases, the Operator is still liable for the performance of its obligations under the Contract with the Customer.
SPECIAL TERMS FOR RETAIL TRADE
11.1 LipBar products can be purchased by logging into the LipBar Salon via www.lipbar.hu.
11.2 The Customer can book an appointment by entering his/her first name, surname, e-mail address and telephone number in the appointment booking system at www.lipbar.hu. Reservations are subject to the payment in advance of the total amount indicated on www.lipbar.hu.
11.3 If the Customer does not show up at the LipBar Salon at the booked appointment or does cancel the appointment within 48 hours before the appointment time, the amount paid will be forfeited.
INTELLECTUAL PROPERTY
12.1. The Content, as defined in these GTU, includes, but is not limited to, logos, graphic elements, trademarks, images, videos, animations, multimedia texts and/or any other content displayed on the Website. All of the above are expressly property of the Operator and the Operator reserves all rights in relation thereto.
12.2. The User/Client/Customer may download, copy or use the Content, or any part thereof, for personal purposes only, in accordance with the provisions of these GTU. Other than for personal use, the User/Client/Customer is not entitled to copy, distribute, communicate, transmit to any third party, modify and/or otherwise alter, use or place the Content in any other context than the original without the express written consent of the Operator.
12.3. Any Content to which the User/Client/Customer has access or gains access by any means is subject to these GTU.
12.4. If the Operator grants to a Client / Customer the right to use the Content or a part of the Content in accordance with a separate agreement between them, with the content specified therein, and the Client / Customer has access to this content or the Client / Customer gains access to it as a result of this agreement, this right of use shall only apply to the Content or content specified in the agreement, only during the period of its or their availability on the Website or for the period specified in the agreement, in accordance with the terms and conditions specified.
CONFIDENTIALITY
13.1. The Operator shall treat any information provided by the Customer/Client to the Operator as confidential and may only share it with third parties in accordance with the provisions of these GTU.
13.2. The Customer/Client shall not make any public statements to third parties in relation to the Order/Contract without the prior written consent of the Operator.
13.3. By submitting information and data on the Website, the Client/Customer grants the Operator unrestricted and irrevocable access to such information and data, as well as the right to use, copy, modify, transmit and distribute such information or data. At the same time, the Client/Customer agrees that the Operator is free to use any ideas, concepts, know-how or techniques that it has presented through the Website.
COMMERCIAL NOTICES
14.1. The User/Client/Customer may unsubscribe from the Operator’s Commercial Notices at any time by:
14.2.The Customer/User/Client may place Products in the following parts of their My Account:
“Shopping Cart”, the Operator will inform the Customer/User by means of a Commercial Notice of:
14.3. In case of purchase of Products, the Operator will send a Commercial Notice to the Customer/User of:
Useful offers related to and complementary to the Products purchased.
The Customer/User may unsubscribe from the Commercial Notice referred to in Clause 13 at any time by clicking on the unsubscribe link included in the commercial message received from the Operator or by contacting the Operator directly for this purpose.
14.4 In addition to the above, the Operator also uses the User/Customer data for marketing research and opinion polls. The data collected during market analysis and public opinion polls will not be used by the Operator for advertising purposes. Detailed information (in particular on the evaluation of the polls) can be found in the relevant survey and in the place of publication. The answers recorded in the survey will not be sent to third parties or made public by the Operator. The Customer/User may object to the processing of data processed for marketing and market analysis purposes at no cost by clicking on the unsubscribe link or by contacting the Operator.
14.5. Unsubscribing from the Commercial Notices does not constitute a rejection of these General Terms of Use.
PROCESSING OF PERSONAL DATA
15.1. The Website’s policy on the processing of personal data forms part of these General Terms of Use and is available at the link below:
www.lipbar.hu
USE OF COOKIES
16.1. The Website uses cookies, the Operator’s cookie policy is available at the following link: www.lipbar.hu
FORCE MAJEURE
17.1. This term shall mean any cause, event or circumstance which is unforeseeable, uncontrollable and/or any cause affecting the Operator but independent of the Operator, the occurrence of which makes it impossible for the Operator to fulfil its obligations under these GTU.
17.2. Neither Party shall be held liable for non-performance of contractual obligations if such non-performance is caused in whole or in part by Force Majeure.
17.3.If the Force Majeure does not cease within 15 (fifteen) days of its occurrence, either party may terminate the contract without the other party being entitled to claim damages, by giving notice to the other party.
APPLICABLE LAW, COMPLAINT HANDLING, ENFORCEMENT
18.1. The Operator shall be bound by the provisions of these GTU. The Operator’s aim is to fulfil all orders to the highest quality and to the maximum satisfaction of the Customers. If the Customer has any complaints in connection with the purchase contract or its performance, the Customer may notify the Operator through the contact details and methods specified in the GTU. The Operator shall investigate the complaint received within 30 days of receipt and inform the Customer of the result of the investigation or, in case of rejection, of the legal remedies available to the Customer in the same way as the communication of the complaint.
18.2. The Customer may submit a complaint using the “Complaint form”.
18.3. The contract between the Operator and the Customer shall be governed by Hungarian law.
18.4. In accordance with the provisions of Act CLV of 1997 on Consumer Protection, if any consumer dispute between the Operator and the Customer is not resolved in the course of negotiations with the Operator, the Customer, who is a consumer, may apply to the conciliation body competent in the place of his/her residence or domicile and initiate the proceedings of the Body, or may also apply to the Conciliation Body competent in the place of the Operator’s registered seat. The Operator shall use the conciliation procedure in order to settle consumer disputes. In order to simplify and speed up the procedure, it is recommended to designate the Budapest Conciliation Board as the competent authority.
18.5. The Customer (if a Consumer) may address a consumer complaint to the competent government office in the area.
18.6. The Operator and the Clients/Customers shall settle any disputes that may arise between them amicably or, if this is not possible, the Parties may refer the dispute to a court of law, the jurisdiction of which shall be determined by the place of residence of the consumer pursuant to Act CXXX of 2016 on the Code of Civil Procedure.
18.7. The Operator reserves the right to update or periodically modify the provisions of these General Terms of Use of the Websites to reflect the way and conditions of operation of the Website or changes in the legal environment. In such cases, an amended version of the General Terms of Use will be displayed on the site. It is recommended to check the content of the General Terms of Use from time to time on the Website. The Customer/User may object to the General Terms of Use after their publication on the Website.
1 July 2024
