1. SERVICE PROVIDER DETAILS

Name of the service provider: theBOSCO Studios s.r.o.
Registered office of the service provider: Mostová 417, 92507

Contact details of the service provider, electronic mail address used regularly for communication with users:
info@herbbath.eu
Tax number: 55204082
Phone number: 0905 063 355

2. BASIC PROVISIONS

2.1. In matters not regulated by these Terms and in the interpretation of these Terms, Hungarian law shall apply, with particular regard to Act V of 2013 on the Civil Code (“Civil Code”), Act CVIII of 2001 on electronic commerce services and certain issues related to information society services (“E-commerce Act”), and Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. The mandatory provisions of the applicable legislation shall apply to the parties even without any special stipulation.

2.2. These Terms are effective from June 8, 2025 and remain in force until revoked. The Service Provider is entitled to unilaterally amend these Terms. Amendments shall be published by the Service Provider on the website 11 (eleven) days before they enter into force. By using the website, Users accept that all regulations related to the use of the website automatically apply to them.

2.3. By entering the webshop operated by the Service Provider or by reading its content in any way – even if the user is not a registered user of the webshop – the User acknowledges that the provisions of these Terms are binding. If the User does not accept the terms, they are not entitled to view the content of the webshop.

2.4. The Service Provider reserves all rights to the webshop website, any part thereof and the content appearing on it, as well as to the distribution of the website. It is prohibited to download, electronically store, process or sell any content appearing on the webshop or any part thereof without the written consent of the Service Provider.

3. REGISTRATION / PURCHASE

3.1. By making a purchase or registering on the website, the User declares that they have read and accepted the terms of these General Terms and Conditions and the Data Protection Notice published on the website, and consents to the processing of their personal data.

3.2. During purchase or registration, the User is obliged to provide their own, real data. If false data or data related to another person is provided during purchase or registration, the resulting electronic contract shall be null and void. The Service Provider excludes any liability if the User uses its services in another person’s name or with another person’s data.

3.3. The Service Provider shall not be liable for any delivery delay or other problem or error resulting from incorrectly and/or inaccurately provided data by the User.

3.4. The Service Provider shall not be liable for any damage resulting from the User forgetting their password or it becoming accessible to unauthorized persons for any reason not attributable to the Service Provider.

4. SCOPE OF PRODUCTS AND SERVICES AVAILABLE FOR PURCHAS

4.1. The displayed products can be ordered exclusively online/in person/by phone. The prices displayed for the products are in euros, but do not include home delivery costs. No separate packaging fee is charged.

4.2. In the webshop, the Service Provider provides detailed information about the product name, description and displays photos of the products. The images shown on the product pages may differ from the actual product and may serve as illustrations. We do not assume responsibility for any differences between the images displayed in the webshop and the actual appearance of the product.

4.3. If a promotional price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration.

4.4. If, despite all due care by the Service Provider, an incorrect price is displayed on the Webshop, especially in the case of an obviously erroneous price, for example a price that significantly differs from the commonly known, generally accepted or estimated price of the product, or a price of “0” € or “1” € displayed due to a system error, the Service Provider is not obliged to deliver the product at the incorrect price, but may offer delivery at the correct price, in which case the Customer may withdraw from their purchase intention.

4.5. In the event of an incorrect price, there is a striking disproportion between the actual and the displayed price of the product, which an average consumer should immediately notice. Under Act V of 2013 on the Civil Code (Ptk.), a contract is created by the mutual and concordant expression of the parties’ intent. If the parties cannot agree on the contractual terms, meaning there is no mutual and concordant declaration of intent, then a valid contract cannot be considered to have been concluded, and no rights or obligations arise. On this basis, an order confirmed at an incorrect or erroneous price shall be considered a null and void contract.

5. ORDER PROCESS

5.1. After registration, the User logs in to the webshop.

5.2. The User sets the quantity of the product(s) they wish to purchase.

5.3. The User adds the selected products to the cart. The User can view the contents of the cart at any time by clicking the “cart” icon.

5.4. If the User wishes to add additional products to the cart, they select the “continue shopping” button. If they do not wish to purchase additional products, they check the quantity of the products they wish to purchase. By clicking the “delete – X” icon, the User can remove items from the cart. To finalize the quantity, the User clicks the “update/cart update” icon.

5.5. The User selects the delivery address and then the delivery/payment method, which are as follows:

5.5.1. Payment methods: Personal collection: with collection at another location specified by the Service Provider, the purchase process takes place via the webshop, and the payment process as well; cash payment is not possible. By bank transfer: the User is obliged to transfer the purchase price of the ordered products to the bank account indicated on the issued invoice/confirmation email within 3 days. After the amount has been credited to the Service Provider’s bank account, the User is entitled to collect the product(s) in the manner chosen by them.

5.5.2. Delivery costs: the website www.herbbath.eu contains the current delivery prices

5.6. If an error or omission occurs in the webshop regarding products or prices, we reserve the right to make corrections. In such a case, after recognizing and correcting the error, we will immediately inform the buyer of the new data. The buyer may then confirm the order again or either party may withdraw from the contract.

5.7. The total amount payable, based on the order summary and confirmation letter, includes all costs. The invoice, information on the right of withdrawal and the warranty letter are included in the package. The User is obliged to inspect the package in the presence of the courier upon delivery and, in the event of any damage noticed on the products or packaging, must request that a report be made; in case of damage, the User is not obliged to accept the package. The Service Provider does not accept subsequent complaints without a report. Packages are delivered on working days between 8 a.m. and 5 p.m.

5.8. After entering the data, the User can send the order by clicking the “order” button, but before that they can check the entered data once more and may also send a note with their order or indicate any other request related to the order by email.

5.9. Correction of data entry errors: before finalizing the order process, the User can always go back to the previous stage where they can correct the entered data.

5.10. After sending the order, the User receives a confirmation by email. If this confirmation does not arrive within the expected time depending on the nature of the service, but no later than 48 hours from sending the order, the User is released from the obligation of the offer or contract. The order and its confirmation are considered to have been received by the Service Provider and the User when they become accessible to them. The Service Provider excludes liability for confirmation if it does not arrive in time because the User provided an incorrect email address during registration or because their mailbox is full and cannot receive messages.

6. PROCESSING AND FULFILLMENT OF ORDERS

6.1. Orders are processed during business hours. Orders can also be placed outside the indicated order processing times; if an order is placed after working hours, it will be processed on the next working day. The Service Provider’s customer service will in all cases confirm electronically when the order can be fulfilled.

6.2. The general fulfillment deadline is within 3–4 working days from confirmation. If the Service Provider and the User have not agreed on a specific time of fulfillment, the Service Provider is obliged to perform the contract at the time or within the period specified in the User’s notice, or in the absence of such notice, no later than thirty days from the receipt of the order by the Service Provider.

6.3. If the Service Provider fails to fulfill its contractual obligation because the product specified in the contract is not available, it shall immediately inform the User and refund the amount paid by the User without delay, but no later than within thirty days.

6.4. The Service Provider does not assume responsibility for any changes to technical specifications or descriptions due to the supplier or reasons beyond its control without prior notice. The Service Provider reserves the right to refuse already confirmed orders in whole or in part. Partial fulfillment may only take place after consultation with the User.

7. RIGHT OF WITHDRAWAL

7.1. Based on Directive 2011/83/EU of the European Parliament and of the Council and Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, the Consumer has the right to withdraw from the contract without giving any reason within 14 days from receiving the ordered product and return the product. In the absence of this information, the Consumer may exercise the right of withdrawal for up to 1 year.

7.2. The withdrawal period expires 14 days from the day on which the Consumer or a third party designated by the Consumer, other than the carrier, takes possession of the goods.

7.3. The Consumer may exercise the right of withdrawal between the day of conclusion of the contract and the day of receipt of the product.

7.4. The Consumer shall bear the cost of returning the product; the business does not undertake to bear this cost.

7.5. In the event of withdrawal, no additional costs shall be charged to the Consumer except the cost of returning the product; however, the Service Provider may claim compensation for damage resulting from improper use.

7.6. The right of withdrawal does not apply to non-prefabricated goods produced on the basis of the Consumer’s instructions or at the Consumer’s explicit request, or goods clearly personalized.

7.7. The Consumer also may not exercise the right of withdrawal

a. after the full performance of a service, if the performance began with the Consumer’s prior express consent and the Consumer acknowledged that they would lose the right of withdrawal after full performance;

b. for products or services whose price depends on fluctuations in the financial market beyond the control of the business;

c. for perishable goods or goods with a short shelf life;

d. for sealed goods which are not suitable for return for health or hygiene reasons once unsealed after delivery;

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

f. for alcoholic beverages whose price depends on market fluctuations beyond the control of the business and which are delivered after 30 days;

g. in the case of contracts where the business visits the Consumer at the Consumer’s express request for urgent repairs or maintenance;

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

i. for newspapers, periodicals and magazines, except subscription contracts;

j. for contracts concluded at a public auction;

k. for accommodation services (except residential housing), transport, car rental, catering or leisure services if a specific date or period of performance is specified;

l. for digital content not supplied on a tangible medium if performance has begun with the Consumer’s prior express consent and acknowledgement of the loss of the right of withdrawal.

7.8. After the return of the product or receipt of the withdrawal notice, the Service Provider shall refund the amount paid by the Consumer without delay, but no later than 14 days, including delivery costs.

7.9. Refunds will be made using the same payment method used in the original transaction unless the Consumer expressly agrees otherwise; no additional fees will be charged.

7.10. The Consumer must return the goods without undue delay and no later than 14 days from notifying the Service Provider of the withdrawal.

7.11. In the case of written withdrawal, it is sufficient for the Consumer to send the withdrawal statement within 14 days.

7.12. The Consumer meets the deadline if the goods are sent back before the 14-day period expires.

7.13. The Consumer bears only the direct cost of returning the goods unless the business has agreed to bear it.

7.14. The Service Provider is not required to reimburse additional costs resulting from a delivery method other than the cheapest standard delivery offered.

7.15. The Consumer is liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

7.16. The Service Provider may withhold the refund until the goods are received back or until proof of return is provided.

7.17. The Consumer may notify the Service Provider of the withdrawal in writing or by phone. In the case of postal notification, the date of posting applies; in the case of telephone notification, the time of the call applies.

7.18. The Consumer must use the product properly; damage caused by improper use shall be borne by the Consumer.

7.19. Government Decree 45/2014 (II.26.) is available online.

7.20. Directive 2011/83/EU is available online.

7.21. The Consumer may submit other complaints to the Service Provider using the contact details provided.

7.22. The right of withdrawal applies only to Users considered consumers under the Civil Code.

7.23. The right of withdrawal does not apply to businesses acting within their trade or profession.

7.24. Procedure for exercising the right of withdrawal

7.24.1. The Consumer must send a withdrawal statement to one of the Service Provider’s contact details.

7.24.2. The Consumer exercises the right of withdrawal in time if the statement is sent before the 14-day deadline.

7.24.3. The Consumer must return the goods within 14 days after sending the withdrawal statement.

7.24.4. Additional delivery costs are not reimbursed if a more expensive delivery method was chosen.

7.24.5. In the case of multiple goods delivered separately, the withdrawal period starts from receipt of the last item.

8. WARRANTY AND GUARANTEE

8.1. In what cases may the User exercise their statutory warranty rights? In the event of defective performance by the company operating the webshop, the User may assert a statutory warranty claim against the business in accordance with the provisions of the Civil Code.

8.2. What rights does the User have under a statutory warranty claim? The User may, at their choice, request repair or replacement, unless fulfilling the chosen claim is impossible or would result in disproportionate additional costs for the business compared to fulfilling another claim. If the User did not request or could not request repair or replacement, they may request a proportionate reduction of the price, repair the defect at the business’s expense or have it repaired by another party, or, as a last resort, withdraw from the contract. The User may switch from one statutory warranty claim to another, but must bear the cost of such a switch unless it was justified or caused by the business.

8.3. Within what time limit may the User enforce a statutory warranty claim? The User must notify the defect without delay after discovering it, but no later than two months from discovery. However, statutory warranty rights cannot be enforced beyond the two-year limitation period from the date of performance.

8.4. Against whom may the User enforce a statutory warranty claim? The User may enforce the claim against the business.

8.5. What other conditions apply to enforcing statutory warranty rights? Within six months from performance, no further conditions apply beyond notifying the defect if the User proves that the product or service was provided by the webshop operator. After six months from performance, the User must prove that the defect already existed at the time of performance.

Product liability

8.6. In what cases may the User exercise product liability rights? In the event of a defect in a movable item (product), the User may, at their choice, assert either a statutory warranty claim or a product liability claim.

8.7. What rights does the User have under a product liability claim? Under a product liability claim, the User may only request repair or replacement of the defective product.

8.8. When is a product considered defective? A product is defective if it does not meet the quality requirements in force at the time it was placed on the market or does not have the characteristics described by the manufacturer.

8.9. Within what time limit may the User enforce a product liability claim? The User may enforce a product liability claim within two years from the date the product was placed on the market by the manufacturer. After this period, the right expires.

8.10. Against whom and under what conditions may the User enforce a product liability claim? A product liability claim may be enforced only against the manufacturer or distributor of the movable product. The User must prove the defect.

8.11. In what cases is the manufacturer or distributor exempt from product liability? The manufacturer or distributor is exempt if they prove that the product was not manufactured or marketed in the course of their business, or the defect was not recognizable at the time of marketing according to the state of science and technology, or the defect results from compliance with legal or mandatory regulatory requirements. Proving one of these reasons is sufficient. It is not possible to enforce statutory warranty and product liability claims simultaneously for the same defect. If a product liability claim is successfully enforced, statutory warranty claims regarding the replaced or repaired product may be asserted against the manufacturer.

Guarantee

8.12. In what cases may the User rely on a guarantee? In the event of defective performance, the business operating the webshop is obliged to provide a guarantee under Government Decree 151/2003 (IX.22.) on mandatory guarantees for durable consumer goods.

8.13. What rights and time limits apply under the guarantee? The guarantee period is one year, starting from the date the product is handed over to the consumer or from the date of installation if performed by the distributor or its agent.

8.14. When is the business exempt from its guarantee obligation? The business is exempt if it proves that the cause of the defect arose after performance. Statutory warranty and guarantee claims, or product liability and guarantee claims, may not be enforced simultaneously for the same defect.

8.15. The Service Provider does not provide a guarantee or warranty for natural wear and tear or for damage caused by improper or negligent handling after the transfer of risk, excessive use, or use contrary to intended purpose.

9. PROCEDURE IN THE EVENT OF A WARRANTY CLAIM

9.1. In contracts between a consumer and a business, the parties’ agreement may not deviate from the provisions of the regulation to the detriment of the consumer.

9.2. It is the consumer’s obligation to prove the conclusion of the contract (by invoice or even by receipt).

9.3. The costs related to fulfilling warranty obligations shall be borne by the Service Provider (Civil Code Section 6:166).

9.4. The Service Provider is obliged to record a report of any warranty or guarantee claim submitted by the consumer.

9.5. A copy of the report must be provided to the consumer without delay in a verifiable manner.

9.6. If the Service Provider cannot state at the time of notification whether the consumer’s warranty or guarantee claim can be fulfilled, it must notify the consumer of its position within five working days, including the reason for rejection and the possibility of turning to a conciliation body, in a verifiable manner.

9.7. The Service Provider must keep the report for three years from the date of recording and present it to the supervisory authority upon request.

9.8. The Service Provider must strive to complete the repair or replacement within a maximum of fifteen days.

10. MISCELLANEOUS PROVISIONS

10.1. The Service Provider is entitled to use subcontractors to fulfill its obligations. The Service Provider shall be fully liable for the unlawful conduct of such subcontractors as if the unlawful conduct had been committed by the Service Provider itself.

10.2. If any part of these Terms becomes invalid, unlawful or unenforceable, this shall not affect the validity, lawfulness or enforceability of the remaining parts.

10.3. If the Service Provider does not exercise a right granted under these Terms, such failure shall not be deemed a waiver of that right. Any waiver shall be valid only if made in an explicit written statement. The fact that the Service Provider does not strictly enforce any material term or condition of these Terms on one occasion does not mean that it waives the right to enforce such term or condition in the future.

10.4. The Service Provider and the User shall attempt to resolve any disputes amicably.

11. COMPLAINT HANDLING PROCEDURE

11.1. Our store aims to fulfill all orders with appropriate quality and to the full satisfaction of customers. If the User nevertheless has any complaint regarding the contract or its performance, the complaint may be submitted by phone, email or by letter using the contact details above.

11.2. The Service Provider shall immediately investigate any verbal complaint and remedy it if necessary. If the customer does not agree with the handling of the complaint or if immediate investigation is not possible, the Service Provider shall record the complaint and its position in writing and provide a copy to the customer.

11.3. The Service Provider shall respond to written complaints in writing within 30 days. If the complaint is rejected, the reasons shall be stated. The Service Provider shall keep the record of the complaint and a copy of the response for five years and present them to supervisory authorities upon request.

11.4. If the complaint is rejected, the User may initiate proceedings before an authority or a conciliation body at the contact details below.

11.5. The Service Provider does/does not use the conciliation body procedure to resolve consumer disputes.

11.6. The data subject may file a complaint with the Office for Personal Data Protection of the Slovak Republic (Úrad na ochranu osobných údajov SR)

Address: Hraničná 12, 820 07 Bratislava 27
Web: https://dataprotection.gov.sk
E-mail: statny.dozor@pdp.gov.sk

11.7. Cross-border consumer disputes and complaint handling in Slovakia

The Service Provider serves its customers in Hungarian; however, most customers reside in Slovakia. Accordingly, customers may also contact the competent supervisory authority of the Slovak Republic with their consumer complaints:

Slovak Trade Inspection (SOI)
Central Inspectorate
Address: Prievozská 32, P.O. Box 29, 827 99 Bratislava 27
Phone: +421 2 58 27 21 21
E-mail: info@soi.sk
Website: www.soi.sk

12. COPYRIGHT

12.1. Since the herbbath.eu website qualifies as a copyrighted work, it is prohibited to download (reproduce), republish, otherwise use, electronically store, process or sell any content appearing on the herbbath.eu website or any part thereof without the written consent of the Service Provider.

12.2. Any material taken from the herbbath.eu website or its database, even with written consent, may only be used with reference to the given website.

12.3. The Service Provider reserves all rights to all elements of its services, its domain names, secondary domain names formed from them, and its online advertising surfaces.

12.4. It is prohibited to adapt or reverse engineer the content of the herbbath.eu website or any part thereof; to create user IDs and passwords by unfair means; or to use any application by which the herbbath.eu website or any part thereof may be modified or indexed.

12.5. The name herbbath.eu is protected by copyright; its use is permitted only with the written consent of the Service Provider, except for references.

12.6. The User acknowledges that in the event of unauthorized use, the Service Provider is entitled to a contractual penalty. The amount of the penalty is EUR 20 gross per image and EUR 20 gross per word. The User acknowledges that this penalty is not excessive and browses the website in full awareness of this. In the event of copyright infringement, the Service Provider will apply a notarial certification of facts, the cost of which will also be borne by the infringing user.