GENERAL CONTRACTUAL TERMS AND CONDITIONS

 

  • Contents of the general contractual terms and conditions
  1.  The present general contractual terms and conditions (hereinafter: „GCTC”) cover the usage of the webpage https://www.anitatoth.com/ and the webpage accessible trough it https://www.anitatoth.hu/ (hereinafter “ Webpage”) and the the sale and purchase of the Products (as seen below) (hereinafter: “Sales”) operated by  Anita Toth Products Korlátolt Felelősségű Társaság (seat: 1136 Budapest, Balzac utca 37. mf. 2.; registry no.: 01-09-330878; tax no.: 24923510-2-41) (hereinafter: „Seller”).
  1. The subject of present GCTC are the contractual conditions regarding the sale and purchase of the specifically numbered natural cosmetic products and beauty supplements (hereinafter: “Product” or “Products”) specified in the electronic order forwarded to the Seller as manufacturer, without or after registration by the Buyer.
  1. The Parties hereby state that the Products are the sole property of the Seller.
  1. By acceptance of the regulations of present GCTC by the Buyer the Seller sells and the Buyer purchases the Products with the conditions set forth herein.
  1. Any natural person of legal age using the service provided on the Webpage shall be considered a Buyer. Underage persons over 14 years of age shall only be entitled for user registration and the use of the Webpage with parental contribution until reaching legal age. Natural persons below the age of 14 shall not be considered as a Buyer (hereinafter: „Buyer”). In case of international sales, the laws and regulations of the Buyer’s country may have an age limitation that differs from the one indicated herein. 
  1. The names, characteristics, gross purchase price and most important features of each product found on the Webpage are indicated by the Seller in each case. On the Webpage the Seller may place photos on the product page, however the photos thus placed may differ from reality, in some cases they only serve illustration purposes.
  1. Any questions not regulated by present GCTC shall be regulated by Hungarian law and prevailing regulatory requirements with the condition that according to Section 2 point 1 of Act CVIII of 2001 on certain apects of electronic commerce services and information society services, the operation and maintenance of services shall be considered an intermediary service.
  1. The language of the concluded contracts is generally Hungarian, however the Seller has opened its new platform for sales within the European Union and also for international sales, where the products are being marketed and sold in English languages, therefore such contracts shall be concluded in two languages: Hungarian and English. The Seller hereby states that these contracts do not constitute written contracts, thus the Seller shall not file them and they shall not be accessible later on. However, in case of a dispute regarding the contents of these contracts, the Hungarian version shall prevail.
  • Buyer’s obligations


  • The Buyer shall forward orders to the Seller in a written form (via the Webpage.)


  • In the case of hidden defects of the Products the Buyer shall promptly notify the Seller about the complaint as soon as possible after having become aware of such defects.


  • The Buyer is obliged to pay the purchase price – and depending on the place of order and delivery the customs – of the Products in full, in accordance with the provisions of the present GCTC, irrespective of any complaints emerging from warranty, guarantee or other claims.


  • Seller’s obligations


  • Seller undertakes to acknowledge receipt of the order for the Product and to deliver the ordered Product within the appropriate deadline in accordance with the terms of delivery accepted by the Buyer. Orders are executed by the Seller’s contractual partners, GLS and/or by DHL courier service or by any other trusted provider selected by the Seller with payment on delivery or advance payment. In all cases, delivery costs are determined by the current tariffs of the courier service.

Upon full payment of the purchase price of the Product the Seller sells the Product to the Buyer in accordance with the relevant provisions of present GCTC.

  • The Seller undertakes to hand over the products to the courier tasked with the delivery within 1-3 business days after receipt of the order, and shall notify the Buyer in writing.


  • The time of delivery depends on the place of delivery and on other probable, unforeseen circumstances. The Seller in this regard hereby declares that it shall not assume any liability whatsoever for any legal changes that may be imposed as a means of preventing and combating the SARS-CoV-2 coronavirus or any other epidemiologically dangerous pandemics, and that may delay, render impossible or othwerwise seriously hinder the performance of present Contract – and particularly its provisions regarding delivery deadlines. These limitations are specifically considered as vis maior events.


  • In accordance with the provisions of present GCTC the Seller undertakes to deliver the Product to the Buyer to the address indicated by the Buyer in the order, where it shall be handed over to the Buyer (or the person named by the Buyer in the order).


  • The Seller shall supply the Buyer with user instructions, specifications and other relevant information and documents necessary to enable the Buyer to fulfil his/her obligations under present GCTC.


  • Subject to the availability of the Seller’s sources of supply, the Products or other goods instead of them shall be provided to the Buyer in accordance with the provisions of present GCTC.


  • Conclusion of the contract, the process of ordering a product
  1. The Buyer may – at his/her discretion – have the opportunity to submit his/her order on the Webpage without registration. In cases of ordering without registration the Buyer must in all cases provide actual and real data necessary for execution of the order.
  1. To place an order on the Product the Buyer has the opportunity to register on the Seller’s Webpage by completely filling out the previously indicated and actual personal data. Registration shall be carried out by filling out the registration form with actual, correct and complete data.

 

  1. By placing an order or by registering the Buyer undertakes that the data and information indicated by him/her does not violate the rights or legitimate interests of the Seller or a third party.
  1. When placing an order the Buyer must accept the GCTC in force at the time of ordering by clicking on the appropriate field. The Seller’s GCTC has legal effect on all Buyers.
  1. The placement of an order for the Product shall be considered as an offer for conclusion of a contract. The contract is concluded by the Seller sending an order confirmation to the e-mail address specified by the Buyer (hereinafter: „Confirmation”). The Buyer will receive an individually generated order number via e-mail upon each order with the help of which the Buyer and his/her order can be identified and later retrieved by the Seller. When handing over the Product to the courier service the Buyer will also receive a package- or consignment note number to his/her e-mail address provided in order to track the order. If the Seller fails to confirm the order within 48 hours after the placement of the order the Buyer shall be exempt from the offer and any  other contractual obligations.
  1. Buyer has the opportunity to subscribe to the newsletters of the Seller during registration or without registering by clicking on the newsletter subscription field on the Webpage by filling providing his/her full name and e-mail address. Subscribing to the newsletter is voluntary, but the validity of the consent to the subscription must come directly from the Buyer. The subscription entitles the Seller to regularly send newslettets to the Buyer via e-mail until they unsubscribes from the newsletter.
  • Purchase Price, payment conditions
  1. On the Webpage in the description of the Products the price (“Purchase Price”) of the given Product is indicated as a gross price in Hungarian forints (HUF) or in euroes (EUR). In case of orders outside of the European Union, the price of the product does not include the customs or other tariffs of the country of the place of delivery.
  1. The Purchase Price of the delivered Products are previously determined as a fixed price in the Seller’s offer and in the Confirmation in accordance with the quantity and type of the delivered Products.
  1. Buyer is obliged to pay the full Purchase Price to the Seller without undue delay before delivery/receipt via online credit or debit card payment or via PayPal.
  1. The contracting parties agree that the invoice is issued and payable in forints and euro.
  1. The contracting parties agree that all bank charges and payment arising out of online bank card payment or payment upon delivery shall be borne by the Buyer.
  • Delivery


  • If the Buyer expressly states his/her wish and the Seller offers the opportunity then the Seller delivers the Product to the Buyer in accordance with the regulations set forth in present GCTC, which it performs by means of a courier service for a fixed fee prepaid by the Buyer. Thus, Seller does not have any influence over the circumstances and date of delivery and consequently cannot be held responsible in any respect for them. In this case the Seller or the mandated courier company shall provide the expected date of delivery in advance. 


  • If the Buyer wishses to make a modification to the delivery, he/she must do so in a timely manner so that the Seller may arrange delivery without any interruptions. Modification of the delivery address without charging further cost – with a view to logistical aspects – prior to delivery is limited registered Buyers via e-mail or telephone requests to the Seller, however the Seller will endeavour to provide such support that the shipping address may be modified is necessary, but the Seller cannot undertake further obligations regarding modification.
  1. For the amendment of other details of the sale and purchase a written agreement mutually agreed upon by the Parties is necessary, and it shall be accepted in a consolidated form with present GCTC.

 

  1. The Seller shall forward the Products to the Buyer with an attached delivery note, invoice or other accompanyin document issued.
  1. Buyer’s right of withdrawal
  1. The Buyer who shall be considered as a consumer according to the Civil Code of Hungary may withdraw from the contract on ordering the Product anytime from the conlusion of the contract until receipt of the Product, furthermore until within 14 (fourteen) business days from the receipt of the Product. 
  1. Seller sells cosmetics products which in all cases are sold in un-opened packages. We hereby inform you that according to the provisions of the Government decree 45/2014 (II.26.) on the detailed rules regarding the contracts concluded between consumers and enterprises, You shall not be entitled to exercise the right of withdrawal regarding un-opened products which shall not be returned after being opened due to health and hygienic reasons. 
  1. If the Buyer who is considered a consumer does not receive confirmation of the order from the Seller up until this point, he/she may exercise the right of withdrawal for 14 days following receipt of the confirmation.
  1. The Buyer considered to be a consumer according to the regulations of the Civil Code of Hungary shall not be obliged to state legal grounds for withdrawal.
  1. In case of termination in writing it shall be considered to have been exercised in due time if the Buyer considered to be a concumer according to the regulations of the Civil Code of Hungary forwards his/her clear statement on withdrawal before the expiry of the deadline to the Seller’s electronic address by using the sample form on the Webpage or any other form of clear statement.. The Seller shall confirm the withdrawal forwarded electronically without undue delay, but not later than within 2 business days following receipt.
  1. In the event of withdrawal the Buyer considered to be a consumer according to the Civil Code of Hungary is obliged to return the Product affected by withdrawal in its original (at the time of purchase), un-opened state to the Seller, addressed to Seller’s seat specified in present GCTC. The Buyer considered to be a consumer according to the Civil Code of Hungary is obliged to return or hand over the Product without undue delay but not later than within 14 (fourteen) days from the communication of his/her notice on withdrawal. The deadline shall be considered to have been kept if the Buyer sends the Product before the expiry of the 14 (fourteen) day deadline. The Buyer considered to be a consumer according to the Civil Code of Hungary shall be liable for the costs incurred directly in connection with practicing the right of withdrawal, but shall not be liable for any other costs.
  1. In case of a withdrawal that meets the conditions indicated herein, the Seller is obliged to return the sums paid by the Buyer considered to be a consumer according to the Civil Code of Hungary without undue delay but not later than within 14 (fourteen) days after withdrawal. In the case of sale and purchase of the Product the Seller may withhold payment of the Purchase Price until the Buyer considered to be a consumer according to the Civil Code of Hungary has not returned the Product or has not proven without a doubt that the intact, un-opened Product has been sent back; the previous date must be taken into account. During reimbursement the Seller will use the payment method of the original transaction, unless the Buyer considered to be a consumer according to the Civil Code of Hungary explicitly agrees to the use of a different method.
  1. The Seller may claim compensation for the damage resulting from improper use of the Product. The Buyer considered to be a consumer according to the Civil Code of Hungary may only be held liable for the loss of value of the product if such loss is caused by use that exceeds the determined nature, properties and operation of the Product. Due to the fact that the Seller sells cosmetic products, the use of the products may not leave apparent, or especially material structural marks on the products, and may not require cleaning or other activities from the Seller in order to be able to re-sell them.
  1. Guarantee and warranty
  1. Guarantee: Seller is entitled to undertake a guarantee for the Products or the Products may be subject to mandatory guarantee based on government decree nr. 151/2003. (IX.22.) regarding the mandatory guarantee for certain conserved consumer’s goods. 
  • The Seller only undertakes the mandatory guarantee required by law in its all-time minimal scope.


  • The detailed conditions of the guarantee are indicated in the guarantee certificate of the given product.
  1. In case of guarantee the Seller shall be liable during the term of the guarantee for defective performance in accordance with the conditions set forth in the declaration that establishes the legal grounds for guarantee or regulation found in legislation. The Seller shall be exempted from the obligation of guarantee if it proves that the reason of the defect occurred after performance (after handing over the Product to the Buyer).
  1. The gurantee shall not affect the rights of the person entitled arising from legislation.
  1. In the event of the transfer of the product’s ownership, the rights arising from the guarantee may be enforced by the new owner against the undertaker if the guarantee.
  1. The guarantee claim can be enforced within the guarantee period. The guarantee period starts with the handing over of the Product by the Buyer. If the person liable fails to comply with its guarantee obligation at the entitled person’s request within an appropriate time limit, the guarantee claim may be enforced at court within three months from the expiry of the period determined in the request, even if the period of the guarantee has already expired. Failure to meet this time deadline shall result in the forfeiture of rights.
  1. Claims arising from the guarantee can be enforced with the guarantee certificate. In the absence of a guarantee certificate, the guarantee claims may be enforced if the Seller has failed to hand over the guarantee certificate to the Buyer, but the Buyer presents the invoice as a proof of payment.
  1. Warranty for material defects: The Buyer shall claim warranty for material defects in case of the Seller’s defective performance in accordance with the regulations of the Civil Code of Hungary.
  1. Under his/her claim for warranty for material defects, the Buyer subject to his/her choice may claim repair or replacement, unless the performance of the chosen remedy for breach of warranty for material defects is impossible, or if it would result in disproportionate additional costs to the Seller compared to satisfying a different claim for warranty for material defects. If the Buyer did not claim repair or replacement than he/she may claim the proportionate reduction of the purchase price or may repair the defect himself/herself or have it repaired by a third party at the Seller’s expense, or may – as a last measure – withdraw from the contract. The Buyer may switch from the chosen remedy for breach of warranty for material defects to another remedy; however the costs of such switch shall be paid by the Buyer, unless the Seller caused the switch or the switch was otherwise justified.
  1. Following the detection of the defect, the Buyer shall be required to communicate the defect without delay but no later than within 2 (two) months. The Buyer may not enforce his/her rights emerging from the warranty for defects after a two year limitation period from the performance of the contract.
  1. Within 6 (six) months following the performance, claiming of the warranty does not require anything else but the communication of the defect to the Seller, if the Buyer proves that the Product or service was sold or performed by the Seller. However, after six months following the performance, the warranty for material defects may only be claimed if the Buyer proves that the material defect was already present at the time of performance.
  1. Product warranty: in cases where the Products are defected, the Buyer – subject to his/her choice – may claim warranty for material defects or product warranty. The Buyer who is considered to be a consumer according to the regulations of the Civil Code of Hungary may claim product warranty in accordance with the Civil Code of Hungary. As a claim of product warranty the Buyer may only claim repair or replacement of the defected product.
  1. The Buyer may enforce his/her rights emerging from product warranty within a two year time period from the placement of the product on the market by the manufacturer. The expiry if this time limit shall cause the forfeiture of rights of the Buyer. 
  1. A product shall be considered defective it does not comply with the quality requirements applicable at the time of placing the product on the market, or if it does not have the characteristics indicated in the description provided by the manufacturer. 
  1. In the event of a defect in the product sold by an undertaking to a consumer, the consumer may demand that the manufacturer (or the Seller who shall be considered as the distributor) to (i) repair the defect of the product, or, (ii) if repair is not possible within an appropriate time limit without causing harm to the consumer’s interests, to replace the product.
  1. In the event of replacement, the manufacturer shall be subject to an obligation of warranty for material defects with respect to the replaced product, and in the event of repair, with respect to the part of the product affected by the repair.
  1. Buyer may claim product warranty from the manufacturer or distributor of the product. In the event of product warranty, the defect of the product shall be proven by the Buyer.
  1. The manufacturer shall be exempted from the product warranty obligation if it proves that 
  1. a) it has not produced or distributed the product within its business activities or independent professional activities; 
  2. b) the defect was not recognisable given the state of scientific or technical knowledge when the product was placed on the market; or 
  3. c) the product’s defect was caused by the application of legislation or a mandatory authority provision.
  1. Following the detection of the defect, the Buyer shall be required to communicate the defect to the Seller (or in the event of product warranty to the manufacturer) without delay.  For contracts between a Buyer considered a consumer by the Civil Code of Hungary and the Seller, a defect communicated within two months following the detection shall be considered communicated without delay.
  1. Seller informs the Buyer that for the same defect, warranty for material defects and product warranty may not be claimed together, at the same time. In the event of replacement as a result of a successful claim for product warranty, the replaced or repaired product may be subject to warranty for material defects. Such claims may be enforced against the manufacturer.
  1. Liability
  1. The Buyer shall be exclusively liable for the use of the Webpage. The Seller declares that it shall not be liable for any damages emerging from the conduct of the Buyer or other users. 
  1. In accordance with the safe operation/usage of the Webpage the Seller assumes the Buyer’s knowledge of the possibilities and limits of the Internet as well as technical knowledge on e-commerce. The Seller shall not be liable for the lack of such knowledge.
  1. The Seller shall also not be liable if any malfunctions occur in the Internet network – IT, telecommunications (Internet) attributable to the service provider – which prevents the unimpeded operation of the Webpage and Sales.
  1. The Seller classifies as force major all external causes, events or circumstances that are unpredictable even with due diligence if it makes it impossible in whole or in part the fulfilment of performance of the obligation or if performance is only possible after such obstacles have ceased to exist. Such event in particular is war, revolution, rebellion and other unrest, flood, fire, earthquake, serious epidemic (SARS-CoV-2 coronavirus), strikes etc. If as a consequence of force major the obligations arising from the present contract cannot be partially or fully fulfilled then the obligations undertaken shall be suspended. Damages due to incidents resulting from force major or other unseen events outside of the control of the Seller include but are not limited to:
  • use or malfunction of the Webpage,
  • modification of the data by anyone,
  • delays caused by late transmission of information,
  • caused by viruses,
  • software errors, hardware failures, network fault of the Internet, other technical based errors,
  • damages emerging from line losses or system failures.
  1. The Seller also does not take any responsibility for any consequences arising from lack of data provided during registration or otherwise incorrectly entered data. Similarly, the Seller excludes its liability if the Buyer uses the services without reaching the necessary age limit.
  1. Use of the Webpage
  1. The Webpage may only be used within the framework of normative legislation, without prejudice to the rights of third parties and the Seller in accordance with the regulations of present GCTC. 
  1. The Buyer undertakes to use the Webpage as specified by the regulations set forth by the Seller and in compliance with legislation. The Buyer is obliged to be aware of the operation of the Webpage by reading the instructions, furthermore the Buyer shall gather information about the functioning of the Webpage with due diligence.
  1. The Buyer is not authorized to display the Seller as a business partner or otherwise use or display the logo or corporate identity of the Seller. The Buyer shall avoid even the impression that there is a business connection between him/her and the Seller.
  1. The Buyer may not behave in such a way that would compromise the safe operation of the Webpage. The Buyer may not behave in such a way that would give the impression that he/she is making an offer in the name of the Seller or its Partners.
  1. In case the Buyer operates a website and wishes to draw attention to or display anything related to the Seller on this page (either visual or written) on this webpage then he/she is required to ask for the prior written consent of the Seller. Without such consent the Buyer is in no way entitled to display the Seller in any form.
  1. The Seller may prohibit the use of the Webpage and delete the Buyer’s registration if the Buyer obstructs or endangers proper operation of the Webpage, in particular if:
  • Buyer’s activity is aimed at data acquisition, data transmission or other computer intrusion or the attempt of such activities by using the services provided;
  • Buyer’s acvivity is aimed at the unauthorized monitoring, acquisition or attempt of such activities regarding the confidential or trade secret data or other information on the computers or servers of the Seller or service users during/in connection with the use of the services;
  • Buyer’s activity results in or attempts the unauthorized modification of the data stored on the Seller’s server.
  1.  In order to keep the operation of the Webpage safe and to enforce the regulations in present Chapter or to prevent such activities, the Seller is entitled to practice full control over the Webpage.
  1. The Webpage is operated by the Seller who is entitled to assign, transfer or sell the right of operation.
  • Contact, handling of complaints
  1. The Buyer shall contact the Seller using the e-mail address hello@anitatoth.com and the Seller shall contact the Buyer using the e-mail account provided at the time of placing and order or provided during registration.
  1. Any objections, complaints, comments of the Buyer shall be forwarded to the Seller in writing via e-mail of which the Seller must investigate and answer within 8 business days and send via e-mail the result of the investigation/the answer to the Buyer using the e-mail address provided at the time of placing an order or provided during registration.
  1. The response to the complaint/objection must contain a substantive response to the Buyer’s specific complaint indicating other possibilities of law enforcement listed in the following section with their location, ways of procedure and deadlines.
  1. In the event of possible consumer disputes between the Seller and the Buyer are not settled trough negotiations, the following law enforcement opportunities are open for the Buyer:
  • Filing a complaint at the consumer protection authorities;
  • Initiation of the procedure of the mediation board;
  • Initiation of court proceedings.
  • Bases for data processing
  1. The Buyer is obliged to supply real and accurate personal data during the purchase and the registration process.
  1. The processing of the Buyer’s personal data is regulated by the Directive on Data Management which can be found directly on the Webpage by clicking on the bottom link on the page: [https://anitatoth.com/privacy-policy ].
  1. The Buyer acknowledges and accepts that the data provided by him/her is recorded and stored by the Seller after using the services of the Webpage until the exhaustion period under contract law, and until the lawful safekeeping period regarding invoices. The Seller is under no circumstances entitled to grant access to the stored data to third parties, recording of the data only serves the purpose of the order being traceable at the time of any possible complaints emerging.
  1. The Buyer does not acquire any financial rights of the Seller or third parties or other rights regulated by present GCTC without the express permission of their respective owners.
  • Final provisions
  1. The present GCTC comes into force following approval of the Seller and after being published (on the Webpage) for an indefinite period (until withdrawn or publication of an amended GCTC). The Buyer expressly accepts that the Seller is at all times entitled to modify the GCTC unilaterally on the condition that the Seller is obliged to publicize the amendment on the Webpage not later than the entry into force of such modifications, thus the Buyers are able to collect information about the changes. 
  1. Invalidity of certain regulations of present GCTC does not affect the validity of other provisions of the contractual terms. The Parties are obliged to substitute the invalid provisions with others that correspond most to the intention of the original provisions.

The time of entry into force of present General Contractual Terms and Conditions is: 26th November 2020. 

Statements of the Buyer

Buyer expressly acknowledges, that they shall not perform their right of withdrawal of order regarding Products that:

  • are not prefabricated;
  • are produced/manufactured upon the expressed request of Buyer;
  • are expressly made/tailored for the Buyer;
  • may – because of health/hygienic reasons or the impossibility of the reselling of the Product – not be subject of return, especially cosmetics Products;
  • in case of supplementary cosmetic products after the manufacturer’s packaging has been opened, except if the Buyer proves that the defect of the Product occurred prior to the opening of the packaging.

Buyer expressly acknowledges that they are aware of the contents of present document and that they registered and placed an order for the Product(s) on present Webpage, furthermore that he/she has taken into account the contents of General Contractual Terms and Conditions and contents of the Directive on Data Management during the process of placing the order(s).