Terms of Service (General Terms and Conditions)

ColourSense — personal colour analysis

Please read carefully. These Terms of Service (hereinafter: the Terms) set out the conditions under which you may order the ColourSense personal colour analysis service through the https://colour-sense.com website. By placing an order you accept these Terms.

These Terms do not affect the rights conferred on you as a consumer by law, from which the parties may not derogate to your detriment by contract.

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Contents

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I. Introduction, scope, definitions

I.1 Subject matter

These Terms set out the conditions for ordering and performing the personal colour analysis service offered under the name ColourSense by Ágnes Gróf, sole trader (hereinafter: the Provider) on the https://colour-sense.com website.

I.2 Scope

I.3 Definitions

I.4 Legal classification of the contract

The contract concluded between the Provider and the Consumer is a consumer contract for the supply of a digital service, concluded at a distance by electronic means. It is governed primarily by:

• Decree 45/2014 (implementing the CRD);
• Act CVIII of 2001 on certain issues of electronic commerce services and information society services (hereinafter: the E-Commerce Act), implementing Directive 2000/31/EC;
• Government Decree 373/2021 (VI. 30.) on the detailed rules of contracts between a consumer and a business for the sale of goods, the supply of digital content and the provision of digital services (hereinafter: Decree 373/2021), implementing Directive (EU) 2019/770;
• the Civil Code;
• the Consumer Protection Act.

I.5 Access to and storage of these Terms

These Terms are permanently available on the website and can be stored and reproduced from there (Section 5(1) of the E-Commerce Act; Article 10(3) of Directive 2000/31/EC): the page can be saved and printed with your browser. The Provider also makes these Terms available as a downloadable PDF.

I.6 Language versions

These Terms are available in Hungarian and in English. If the language versions differ, the interpretation more favourable to you as a Consumer prevails. The Provider does not stipulate that any one language version prevails over the other.

I.7 Priority of mandatory consumer rights

If any provision of these Terms conflicts with a rule of law from which the parties may not derogate to the detriment of the Consumer, the rule of law prevails and the provision concerned does not apply to that extent. The remaining provisions stay in force.

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II. Details of the Provider

Further details of the Provider and the contact details of the competent authorities are set out in the Legal Notice. Information on the processing of personal data is given in the Privacy Policy.

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III. Detailed description of the service

This chapter defines what you are buying and what the service does not include. Under Section 5(2) of Decree 373/2021 (Article 7 of Directive (EU) 2019/770) this description is the benchmark of conformity with the contract.

III.1 What you buy

ColourSense is a one-off, fixed-price digital service: on the basis of the data you provide and the facial photograph you upload, the Provider prepares a personal colour character analysis with the assistance of artificial intelligence and delivers it by e-mail as an A4-size PDF Report. The service does not include a user account, a subscription or any recurring charge.

III.2 What you provide

During the ordering process you provide the following:

• first name;
• skin colour, hair colour, eye colour, undertone, contrast level;
• style and wardrobe preferences;
• upload of a facial photograph;
• e-mail address;
• billing name, country, postcode, city and address.

Uploading a photograph is a precondition of performance: without a photograph the Analysis cannot be prepared. The processing of the photograph is described in the Privacy Policy.

III.3 Content of the Report

The Report contains the following six mandatory sections:

Length of the Report: the length of the Report may vary depending on the data you provide and on how the text is laid out; what the Provider undertakes is the presence of the six sections listed above.

III.4 Format and language of the Report

• The Report is an A4-size PDF document, sent as an e-mail attachment to the e-mail address you provide, together with the PDF of the invoice.
• The body text of the Report is produced in the language you used during the ordering process.
• The fixed labels on the cover and in the headers of the Report are currently available in Hungarian, English and German; if you choose any other language, these fixed labels appear in Hungarian. The Provider will translate these labels into every supported language.

III.5 The Analysis is produced by artificial intelligence

Express disclosure (based on Article 50 of Regulation (EU) 2024/1689 — the AI Act): you are interacting with an artificial intelligence system. The text of the Report is generated in its entirety by artificial intelligence.

• The Analysis is produced by the large language model "Claude" of Anthropic PBC, by processing your questionnaire answers and the facial photograph you upload.
• The system classifies the photograph and the data you provide into categories of colour characteristics (skin tone, hair colour, eye colour, contrast) and derives the season type and the colour recommendations from those categories.
• The Report is not reviewed by a human colour consultant before delivery, and the Report does not name a human author. Any subsequent human review of a completed Analysis is governed by point 5.5 of the Privacy Policy.
• The text of the Report does not currently carry a machine-readable indication that it was generated by artificial intelligence. The Provider will introduce the machine-readable marking required by Article 50(2) of Regulation (EU) 2024/1689 by 2 December 2026 at the latest. The absence of that marking does not affect the express disclosure above: the fact that the Report is produced by artificial intelligence is stated in this point and in Chapter 5 of the Privacy Policy.
• The processing of the photograph, the transfer of data (including transfers to the United States) and your rights as a data subject are described in detail in the Privacy Policy.

III.6 What the service does NOT include — express limitations

This section forms part of the description of the service. Please read it before ordering. During the ordering process the Provider asks you to accept these limitations separately and expressly (Section 18(2) of Decree 373/2021; Article 8(5) of Directive (EU) 2019/770).

A) Nature of the Analysis

1. The Analysis is aesthetic, style and colour advice. It does not constitute a medical, dermatological, psychological, nutritional or any other health-related opinion, examination or diagnosis, and it does not replace consulting a physician or another qualified professional.
2. The Analysis is not identification of a person: the Provider does not use the photograph to identify you uniquely.
3. Colour analysis also involves subjective elements. The same input data may produce results worded differently, because the artificial intelligence used is not deterministic.
4. The result of the Analysis depends directly on the accuracy of the data you provide and on the quality of the photograph you upload (lighting, sharpness, make-up, colour filters, the age of the photograph). If the data are inaccurate or the photograph is not suitable for determining colour characteristics, the result of the Analysis may also be inaccurate.
5. Screens, printers and devices reproduce colours differently; the colour samples shown in the Report may differ from real textile, paint or cosmetic colours.
6. The Analysis does not guarantee any specific outcome (for example, the reactions of other people, purchasing success or a change in appearance).

B) Not part of the service

• in-person, telephone or video colour consultancy;
• follow-up, repeat analysis, wardrobe review or personal shopping assistance;
• a printed Report, colour cards, fabric swatches or the postal delivery of any physical item;
• the recommendation of specific brands, products or retailers on the basis of a commercial arrangement, or any discount or voucher;
• later updates, refreshes or new versions of the Report;
• a user account, online storage or permanent online availability of the Report.

III.7 One-off performance

The service consists of a single act of performance: preparing and delivering the Report once. The Provider does not undertake any continuous supply, update or further development in relation to the Report (Article 8(2) of Directive (EU) 2019/770). The Report is prepared on the basis of the data and the methodology available at the time of delivery. Please save the Report to your own device after you receive it.

III.8 The free colour test

The free colour test available on the website is not part of the contract governed by these Terms. The test is for information only, runs entirely in your browser, and its result does not replace the Analysis that can be ordered. Subscribing by e-mail in connection with the free test is voluntary and can be revoked at any time.

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IV. Technical requirements, functionality, compatibility

Information required by Section 11(1) points t) and u) of Decree 45/2014 (Article 6(1)(r) and (s) CRD). Please check that your digital environment meets the requirements below — this is also relevant for the purposes of Section 21(5) of Decree 373/2021 (Article 12(5) of Directive (EU) 2019/770).

IV.1 Technical requirements for ordering

IV.2 The photograph to be uploaded

The upload interface currently displays "max. 10 MB" while the server-side limit is 8 MB; the Provider will align these two values.

IV.3 What you need in order to open the Report — technical protection measures

The Report therefore contains no technical protection measure whatsoever; its use is governed solely by the licence conditions set out in Chapter XII.

IV.4 Interoperability

The Report is a standard PDF file that can be opened on any operating system and device (Windows, macOS, Linux, Android, iOS) for which a PDF reader is available. No software installation is required in order to use the service.

IV.5 Software updates

The service is a one-off performance to which no software update belongs (point III.7). No update is needed for the PDF file to function.

IV.6 Your cooperation in the event of a defect report

If you notice a problem with opening the Report or with its content, please state in your report the order identifier, the device, operating system and PDF reader you used and — if possible — attach a screenshot. If you fail to cooperate with this reasonable and least intrusive examination, the burden of proving the cause of the defect may fall on you (Section 21(6)–(7) of Decree 373/2021; Article 12(5) of Directive (EU) 2019/770). The Provider is not liable for non-conformity if it proves that the defect was caused by the incompatibility of your digital environment with the requirements notified in this Chapter IV (Section 21(5) of Decree 373/2021).

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V. Technical steps of concluding the contract, input errors, filing, languages, code of conduct

Information required by Sections 5(2) and 6 of the E-Commerce Act (Articles 10–11 of Directive 2000/31/EC) and by Section 11(1) point o) of Decree 45/2014.

V.1 Technical steps of concluding the contract

Orders are placed on the website through a form consisting of 14 screens, in the following order:

On the summary screen you make the declarations set out in point IX.2, accept these Terms and the Privacy Policy, and place the order by pressing the order button. Pressing the order button creates an obligation to pay; the label of the button states this expressly.

After you press the order button the system redirects you to the Stripe payment page (checkout.stripe.com), where you make the payment. After a successful payment you are returned to the confirmation page of the website.

V.2 Identifying and correcting input errors

• You may go back to earlier screens at any step of the order form and change the data you have entered.
• The 14th (summary) screen displays all the data entered, the name of the uploaded file, the palette selected and the price, so that everything can be checked and corrected before the order is submitted.
• The uploaded photograph can be replaced or removed at any time before the order is submitted.
• If you notice an error after submitting the order (e.g. a mistyped e-mail address or billing detail), please write to support@colour-sense.com without delay. The Provider corrects the data free of charge until performance begins and, in the case of billing details, until the invoice is issued. If performance has already begun before your notice reaches us, correcting the data may not be possible in every case; in that event the Provider resends the Report free of charge to the correct e-mail address and corrects the invoice by way of a cancelling and a new invoice.

If the above possibility of correction is not available, the order does not constitute a contractual declaration under Section 6(1) of the E-Commerce Act.

V.3 Conclusion of the contract and confirmation

1. Your order constitutes an offer.
2. The Provider confirms receipt of the order by electronic means without delay and within 48 hours at the latest (Section 6(2) of the E-Commerce Act). If this confirmation does not reach you within 48 hours, you are released from your offer.
3. The contract comes into existence upon successful payment.
4. No later than when performance begins, the Provider sends you, on a durable medium (by e-mail), a confirmation of the concluded contract, containing the information required by these Terms and a confirmation of the declarations set out in point IX.2 (Section 18 of Decree 45/2014; Article 8(7) CRD).

V.4 Filing, the written form of the contract, subsequent accessibility

V.5 Languages of contracting

The ordering process is available in 30 languages. The languages of contracting, matching the language versions in which these Terms are available, are Hungarian and English. The Provider will translate these Terms and the Privacy Policy into the further languages available in the ordering process. In the event of a difference, the interpretation more favourable to you applies, in accordance with point I.6.

V.6 Code of conduct

The Provider has not subscribed to any code of conduct, and no code of conduct is available in relation to its service (Section 5(2) point e) of the E-Commerce Act; Section 11(1) point o) of Decree 45/2014; Article 6(1)(n) CRD).

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VI. Price and payment

VI.1 The price

The price displayed on the website and in the order summary is the final, total price inclusive of tax, which you have to pay.

Apart from paying the price, you bear no further cost or payment obligation in connection with the service.

The ordering process contains no pre-ticked box and no additional paid option or service; the Provider does not use any (Section 8/A of Decree 45/2014, Section 6:79 of the Civil Code; Article 22 CRD). The only amount payable is the price shown in the table above.

VI.2 Value added tax (VAT)

VAT treatment: personal VAT exemption.

This applies under any tax regime: the price displayed is the final, total price inclusive of tax. No tax, duty or other public charge is added to the amount you pay, and the Provider will not claim any tax from you afterwards (Section 11(1)(e) of Government Decree 45/2014; Article 6(1)(e) of Directive 2011/83/EU).

VI.3 Currency and conversion

The Provider sets and invoices the price in euro (EUR); the price is displayed in the format matching your language setting. If your payment account is not held in euro, your card issuer may apply an exchange rate and a fee. This is a matter between you and your bank; that amount does not accrue to the Provider and the Provider has no influence over it.

Paying in your own currency. The payment page (Stripe) may offer to let you pay the price in the currency of the place where you are. If you choose this, Stripe performs the conversion at the rate shown there, which includes a conversion fee of 2–4%; the fee is set by Stripe and does not accrue to the Provider. If you pay in euro, this fee does not arise (your bank's fee may still apply, see above). Your choice does not change the currency of the price or of the invoice: both are euro. On withdrawal or refund you get the full amount back in the currency and at the rate in which you paid — that is, exactly the amount you paid.

VI.4 Payment methods

• Payment takes place on the secure payment page of the payment service provider Stripe, to which the system redirects you.
• Accepted payment methods: payment card (Visa, Mastercard); further payment methods available in your country may also appear on the payment page. The Provider indicates the accepted payment methods clearly and legibly, at the latest at the beginning of the ordering process (Section 15(3) of Decree 45/2014; Article 8(3) CRD). The availability of individual payment methods may also depend on your country and device; the payment page always shows the methods actually available.
• You enter your card details directly on the Stripe interface; those details never touch the Provider's systems, and the Provider does not learn or store them.
• The payment page expires after 3 hours. If it expires, the order has to be placed again.
• The Provider charges no surcharge for any payment method.

VI.5 Unsuccessful payment

If payment does not take place, no contract comes into existence, the Provider does not begin performance, and no payment obligation arises for you.

VI.6 No personalised pricing

The Provider does not apply a price personalised on the basis of automated decision-making or profiling. Every Consumer pays the same displayed price (Section 11(1) point q) of Decree 45/2014; Article 6(1)(ea) CRD).

VI.7 Price changes

The Provider may change the price at any time with effect for the future. A price change does not affect orders already placed: the price applicable to you is the one shown in the order summary when you placed your order.

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VII. Invoicing

1. The Provider issues an electronic invoice for the service through the Billingo invoicing service.
2. The invoice is sent together with the Report, as an e-mail attachment, and the message normally also contains a link for viewing the invoice online. If the download of the invoice PDF fails for technical reasons, the message is sent with the Report but without the invoice attachment or the link; in that case please let us know at support@colour-sense.com and the Provider will send you the invoice free of charge.
3. The invoice is issued in euro (EUR). The language of the invoice is always English.
4. The invoice falls within the scope of online invoice data reporting to the Hungarian National Tax and Customs Administration (Nemzeti Adó- és Vámhivatal, NAV).
5. The Provider issues the invoice to a private individual customer; the system does not request or process tax numbers, so an invoice containing a tax number (a business invoice) cannot be issued.
6. If the billing details are incomplete or incorrect, the issue of the invoice may fail. Please give your billing name, country, postcode, city and address accurately.
7. The Provider retains invoices and accounting documents for at least 8 years under Section 169 of Act C of 2000 on Accounting (the Accounting Act). (The retention period under Section 169(2) of the Accounting Act is eight years; the value of 8 years is used with the same meaning in Chapter 9 of the Privacy Policy.)
8. If you have received the Report but the invoice has not arrived, please let us know at support@colour-sense.com; the Provider will resend the invoice free of charge.

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VIII. Performance

VIII.1 How performance takes place

1. After successful payment the system transmits your questionnaire answers and the uploaded facial photograph to the Claude API of Anthropic PBC for processing.
2. From the text generated by the artificial intelligence the system produces an A4-size PDF Report.
3. The system sends the Report and the invoice by e-mail to the e-mail address you provided.

VIII.2 Time limit for performance

The Provider delivers the Report within 24 hours at the latest.

Legal background: in the absence of an agreement to the contrary, the business supplies the digital service without undue delay after the conclusion of the contract (Section 17(1) of Decree 373/2021; Article 5(1) of Directive (EU) 2019/770).

VIII.3 When is the service considered performed?

Performance takes place when the Report arrives at the e-mail address you provided, that is, when it becomes accessible to you (Section 17(2) of Decree 373/2021; Article 5(2) of Directive (EU) 2019/770).

VIII.4 Resending

If you lose the Report, the Provider will resend it free of charge on request within 2 years of delivery, to the same address or — after identification — to a different e-mail address. You can request a resend at support@colour-sense.com.

VIII.5 If the Report does not arrive

1. Please check your spam and promotions folders, and check that the e-mail address you gave is correct.
2. If the Report does not arrive within the time limit undertaken, please write to support@colour-sense.com. The Provider will resend or re-create the Report without undue delay.
3. If the Provider still fails to perform despite your request, you may terminate the contract, and the Provider will refund the full amount paid within 14 days at the latest, using the same means of payment you used (Sections 23–24 of Decree 373/2021; Articles 13 and 18 of Directive (EU) 2019/770). You may also terminate without a prior request if the Provider has refused to perform, or if the time limit agreed by the parties was essential.
4. If the Report did not arrive because you gave an incorrect e-mail address, please tell us the correct address; the Provider will resend the Report free of charge.

VIII.6 Impediments

If performance is temporarily prevented by an unavoidable cause outside the Provider's control (for example, a prolonged outage of the artificial intelligence provider or the e-mail service, a network failure or an act of a public authority), the Provider will inform you and will resume performance immediately once the impediment ceases. If performance becomes permanently impossible, the Provider will refund the full amount paid within 14 days. This point does not limit the mandatory rights conferred on you by law.

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IX. Withdrawal and termination

Detailed information: the completed model information notice under Annex 1 to Decree 45/2014 and the model withdrawal/termination form under Annex 2 are set out in a separate document, the Withdrawal Information Notice, which is permanently available on the website. This chapter is a summary of that document; in the event of a difference, the Withdrawal Information Notice is the more detailed text, and the interpretation more favourable to you applies.

IX.1 Main rule

You may withdraw from the contract without giving any reason within 14 days of the day on which the contract was concluded, or — if performance has already begun — terminate the contract (Section 20 of Decree 45/2014; Article 9(2)(a) CRD).

IX.2 Loss of the right of withdrawal — the two declarations made during ordering

On the summary screen of the ordering process you make the following declarations by means of a single tick box that is not pre-ticked — carrying the verbatim wording of both declarations:

☐ I expressly request that the Provider begin preparing and delivering the personal colour analysis immediately, before the 14-day withdrawal period expires.

☐ I acknowledge that upon full performance of the service — that is, when the Report containing the personal analysis arrives at the e-mail address I have given — I lose my 14-day right of withdrawal. I further acknowledge that, should the service qualify as digital content not supplied on a tangible medium, I lose my right of withdrawal already when performance begins. Until the Report is delivered, my right of withdrawal and termination remains in place.

These declarations are separate from accepting these Terms and the Privacy Policy: you accept those by submitting your order (Section 6:78 of the Civil Code), of which you are informed next to the order button. The declaration above is made independently, by its own tick box — under Section 29(1) m) of Decree 45/2014 (Article 16(m) CRD) the acknowledgement cannot be inferred from general acceptance of the Terms.

Master wording. The versioned master wording of the two declarations above is set out in points 4.1 and 4.2 of the Withdrawal Information Notice; this point quotes that same wording verbatim. The ordering interface must display the same wording, unchanged; should the texts ever differ, the wording in the Withdrawal Information Notice prevails. The detailed display requirements (a single, non-pre-ticked tick box carrying both declarations, kept separate from acceptance of these Terms, on the same screen as the order button, in the language of the order) are set out in point 4.3 of that notice. The Provider records the verbatim wording, the version number and the timestamp of the declaration with the order.

IX.3 Legal basis of the exclusion

Primarily: under Section 29(1) point a) of Decree 45/2014 (Article 16(a) CRD) you do not have a right of withdrawal after the service has been fully performed. However, because this contract imposes an obligation on you to pay, that exclusion — on the wording of Section 29(1) point a) itself — takes effect only if performance began (i) with your express prior consent and (ii) with your acknowledgement that you would lose your right of withdrawal once the Provider had fully performed the contract. The moment of full performance is the delivery of the Report by e-mail.

In the alternative (should the service qualify as digital content not supplied on a tangible medium): under Section 29(1) point m) of Decree 45/2014 (Article 16(m) CRD) the right of withdrawal ceases when performance begins, provided that (i) the Provider began performance with your express prior consent, (ii) you declared at the same time as giving that consent that you acknowledged the loss of your right of withdrawal once performance had begun, and (iii) the Provider sent the confirmation required by Section 18 of Decree 45/2014 (Article 8(7) CRD).

If any of these conditions is not met, you do not bear the cost of the performance under Section 27 of Decree 45/2014 (Article 14(4) CRD), and your right of withdrawal remains in place.

If either of the declarations in point IX.2 is missing, the exclusion does not take effect: you may then withdraw within the 14-day period even after the Report has reached you, you pay nothing for the service under Section 27 of Decree 45/2014 (Article 14(4) CRD), and the Provider refunds the full price. See points 3.2, 3.5 and 3.6 of the Withdrawal Information Notice.

The Provider expressly records that the service does not fall within the category of "goods made to the consumer's specifications" under Section 29(1) point c) of Decree 45/2014 (Article 16(c) CRD), because the Report is not a tangible movable item; the Provider does not rely on that ground of exclusion.

IX.4 Withdrawal and termination before delivery

Until the Report is delivered, you may withdraw or terminate. In such a case — irrespective of whether preparation of the Analysis has begun — the Provider refunds the full amount you paid, and you have no amount to pay.

The Provider does not charge the proportionate amount under Section 26 of Decree 45/2014 (Article 14(3) CRD). Under Section 26(1), a consumer who terminates the contract after performance has begun would have to pay an amount proportionate to the service performed up to the moment the termination was communicated; that amount would be calculated on the basis of the total price agreed in the contract, inclusive of tax, and if the consumer proved that the amount so calculated was excessive, the proportionate amount would be calculated on the basis of the market value of the services performed up to the termination of the contract. The Provider expressly waives that amount: where you withdraw or terminate before delivery, it charges and deducts no proportionate amount.

This commitment is voluntary, is more favourable to you than the law requires and binds the Provider in respect of orders placed while these Terms are in force; it neither affects nor limits the rights conferred on you by law. For details see Chapter 5 of the Withdrawal Information Notice.

The Provider stops the preparation and delivery of the Report at the same time as it processes the refund.

Important. Initiating a refund does not today stop the preparation and delivery of the Report automatically: the states of the two processes are not linked in this respect, so stopping requires manual handling, and it may happen that the Report is delivered despite the refund. This does not affect your right to the refund: the Provider refunds the full amount in that case as well. If it does happen, you refrain from any further use of the Report under Section 25/A of Decree 45/2014 (point IX.9). For details see point 5.3 of the Withdrawal Information Notice.

IX.5 How to withdraw or terminate

You can notify your intention to withdraw or terminate in the following ways:

1. using the "Withdraw from the contract" function available on the website: https://colour-sense.com/en/withdrawal;
2. by completing and sending the model form annexed to the Withdrawal Information Notice;
3. by any other unequivocal statement to that effect, sent to the e-mail address support@colour-sense.com or to the postal address 2100 Gödöllő, Szabó Pál utca 32., Hungary;
4. orally, by telephone: +36 30 460 0093 (customer service hours: on business days from 9:00 to 17:00 (Central European Time)). The Provider treats a statement made by telephone as valid and acknowledges its receipt by e-mail, with the content set out in point IX.6.

Withdrawal is subject to no formal requirement: the Provider does not require the use of a mandatory form, mandatory reasons or a mandatory order identifier (Section 22(1) point b) of Decree 45/2014; Article 11(1) CRD). Withdrawal or termination is deemed to have been exercised in time if you send the statement before the deadline expires. Under Section 22(4) of Decree 45/2014 the burden is on you to prove that you exercised the right in accordance with that Section, so we recommend that you also send your statement in writing and keep proof of dispatch.

IX.6 Acknowledgement of receipt of the withdrawal

The Provider acknowledges receipt of the withdrawal or termination statement without undue delay, on a durable medium; the acknowledgement contains the content of the withdrawal statement and the date and time on which it was sent (Section 22(1c) of Decree 45/2014; Article 11a(4) CRD, applicable from 19 June 2026).

IX.7 Refund

The Provider refunds the full amount received from you — with no deduction of any proportionate amount, by reason of the waiver in point IX.4 — without undue delay and in any event within 14 days of becoming aware of the withdrawal or termination (Section 23(1) of Decree 45/2014), using the same means of payment you used (in the case of card payment, to the same card). A different means of payment is used only with your express consent, and you bear no additional cost as a result of the refund.

IX.8 Consequence of a failure to inform

If the Provider has failed to comply with its obligation to inform you about the right of withdrawal, the withdrawal period is extended by 12 months. If the Provider supplies that information later, within the 14-day period, the period expires 14 days after that information is communicated (Section 21 of Decree 45/2014; Article 10 CRD).

IX.9 Obligations after withdrawal — yours and the Provider's

a) Your obligation. In the event of withdrawal you refrain from further use of the Report and from making it available to third parties (Section 25/A of Decree 45/2014; Article 14(2b) CRD).

b) The Provider's obligation to refrain. Upon withdrawal the Provider refrains from using content that you provided or created and that is not personal data (Section 23(6) of Decree 45/2014; Article 16(3) of Directive (EU) 2019/770). In practice this means that after withdrawal the Provider does not use the uploaded photograph or your questionnaire answers for the purposes of the Analysis; those data are, however, predominantly personal data, so they are governed primarily by the GDPR and by the Privacy Policy.

c) Making content available on request. At your request the Provider makes available to you the content you provided or created that is not personal data (Section 23(7) of Decree 45/2014). You can send such a request to support@colour-sense.com; today such requests are fulfilled manually.

d) Preventing further use. Section 23(9) of Decree 45/2014 (Article 16(5) of Directive (EU) 2019/770) would entitle the Provider, upon withdrawal, to prevent further use of the service (for example by making the content inaccessible or by disabling the user account). The Provider does not exercise that right, and technically could not: the Report is delivered by e-mail as a PDF file, there is no user account, and a file already delivered cannot be recalled. Refraining from using the Report therefore remains your obligation under point a).

IX.10 Right to retrieve your content

You are entitled to retrieve the content that you provided or created in the course of the service, free of charge, without hindrance, within a reasonable time and in a commonly used, machine-readable data format (Section 23(8) of Decree 45/2014; Section 25(4) of Decree 373/2021; Article 16(4) of Directive (EU) 2019/770). You can send such a request to support@colour-sense.com.

IX.11 Orders placed by persons who are not consumers

The right of withdrawal and termination under this chapter is conferred on the Consumer. A User acting within the scope of their trade, profession or business does not have this right.

IX.12 Voluntary refund commitment

In addition to the rights conferred by law, the Provider makes the following voluntary commitment: the Provider does not offer a voluntary money-back guarantee beyond its statutory obligations. This commitment does not affect or limit your statutory rights.

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X. Statutory warranty of conformity, product warranty, commercial guarantee, non-conformity

X.1 Requirement of conformity

The Provider must supply the service in accordance with the description, quantity, quality, functionality, compatibility and interoperability set out in Chapters III and IV of these Terms, and the service must be fit for the purposes for which services of the same type are normally used (Section 5 of Decree 373/2021; Articles 7–8 of Directive (EU) 2019/770).

X.2 Model information notice on the statutory warranty of conformity

Model information notice under Annex 3 to Government Decree 45/2014 (II. 26.) — point 1: Statutory warranty of conformity (kellékszavatosság)

(English working translation. Hungarian is the language of the statutory text; the Hungarian version of these Terms contains the notice verbatim.)

In what cases can you exercise your right to the statutory warranty of conformity? In the event of non-conformity of the ColourSense personal colour analysis service, you may enforce a claim under the statutory warranty of conformity against the business, in accordance with the rules of the Civil Code.

What rights do you have under your claim to the statutory warranty of conformity? You may, at your choice, make the following claims: you may request repair or replacement, unless satisfying the claim you have chosen is impossible or would cause the business disproportionate additional cost compared with satisfying another claim. If you did not or could not request repair or replacement, you may request a proportionate reduction of the price, or you may repair the defect yourself or have it repaired by another party at the business's expense, or — as a last resort — you may withdraw from the contract. In the case of a contract between a consumer and a business for the sale of goods that qualify as tangible movable items, for the supply of digital content or for the provision of digital services, you may not, in the exercise of your rights under the statutory warranty of conformity, repair the defect yourself or have it repaired by another party at the business's expense. You may switch from the warranty right you have chosen to another one; however, you bear the cost of switching, unless it was justified or the business gave cause for it.

Within what deadline can you enforce your claim under the statutory warranty of conformity? You must notify the defect immediately after discovering it, but no later than within two months of discovering the defect. At the same time, please note that you can no longer enforce your rights under the statutory warranty of conformity after the two-year limitation period running from the performance of the contract. (The rule relating to second-hand items does not apply to this service.)

Against whom can you enforce your claim under the statutory warranty of conformity? You can enforce your claim under the statutory warranty of conformity against the business.

What other conditions apply to enforcing your rights under the statutory warranty of conformity? Within one year of performance, there is no condition for enforcing your claim other than notifying the defect, provided that you prove that the service was supplied by the business Ágnes Gróf, sole trader. After one year from performance, however, it is for you to prove that the defect you discovered already existed at the time of performance.

Supplementary rule specific to digital services: in the case of a digital service supplied by a single act of performance, it is presumed until proven otherwise that a defect discovered within one year of the time of performance already existed at the time of performance (Section 21(3) of Decree 373/2021; Article 12(2) of Directive (EU) 2019/770), that is, during the first year it is for the Provider to prove when the defect arose.

X.3 Product warranty — not applicable

A product warranty (termékszavatosság) can only arise in respect of a defect in a tangible movable item (a product) (Section 6:168 of the Civil Code). The ColourSense service is a digital service whose result is not a tangible movable item, and therefore no product warranty claim can be made in connection with this service. The Provider gives this information under Section 11(1) point m) of Decree 45/2014 (Article 6(1)(l) CRD).

X.4 Commercial guarantee — none

• A commercial guarantee based on legislation (kötelező jótállás) does not apply to this service: Government Decree 151/2003 (IX. 22.) on the mandatory guarantee for certain durable consumer goods applies to durable consumer goods, not to digital services.
• The Provider does not offer a contractual (voluntary) commercial guarantee. The voluntary refund commitment referred to in point IX.12 — if the Provider makes one — does not affect this point.
• After-sales customer service: the Provider is available at the e-mail address support@colour-sense.com during on business days from 9:00 to 17:00 (Central European Time). The Provider does not supply any other after-sales service (such as follow-up consultation).

X.5 Remedies for non-conformity — the hierarchy of remedies

If the service is not in conformity with the contract, you may make the following claims (Sections 22–24 of Decree 373/2021; Articles 13–14 of Directive (EU) 2019/770):

Important limit: the contract cannot be terminated on the basis of a minor defect (Section 6:159(3) of the Civil Code; Article 14(6) of Directive (EU) 2019/770). It is for the Provider to prove that the defect is minor (Section 22(6) of Decree 373/2021).

In the event of termination, the Provider refunds the entire price within 14 days at the latest, using the same means of payment you used; the costs of the refund are borne by the Provider (Section 24 of Decree 373/2021; Article 18 of Directive (EU) 2019/770).

Important. A refund can be initiated today only by an administrator and always for the full amount; partial (part-amount) refunds are not implemented in the system. If you claim a proportionate price reduction, the Provider handles the claim individually, by manual administration; for as long as partial refunds are technically unavailable, the Provider refunds the full amount if you so choose. This does not limit the claim conferred on you by Section 22 of Decree 373/2021.

X.6 Deadlines — summary

X.7 What does not amount to non-conformity

Within the limits notified in point III.6 and separately accepted by you, the following do not in themselves amount to non-conformity:

• you disagree, as a matter of taste, with the aesthetic findings or the colour recommendations of the Report;
• the Analysis differs from what you expected because you provided inaccurate data or because the photograph you uploaded was not suitable for determining colour characteristics;
• the colours shown in the Report differ because of the colour reproduction of your screen or printer;
• the wording of the Report differs if you place a repeat order.

This point does not limit the mandatory consumer rights conferred on you by law, and it does not release the Provider from supplying the characteristics undertaken in Chapters III and IV.

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XI. Complaint handling and dispute resolution

Detailed rules: the Complaints Policy, available on the website, which contains the full details of the Conciliation Boards (békéltető testületek), the mandatory content of the record of a complaint and the procedural deadlines.

XI.1 Making a complaint

You may submit your complaint either orally or in writing.

XI.2 Handling of the complaint

The Provider examines the complaint and answers it within 30 days at the latest, in writing, on the merits, with reasons, and in a verifiable manner (Section 17/A(6) of the Consumer Protection Act). If the complaint is rejected, the answer also contains information about the available remedies (Section 17/A(8) of the Consumer Protection Act). The Provider retains complaints and the answers given to them for 3 years and presents them to the supervisory authority on request (Section 17/A(7) of the Consumer Protection Act).

Oral complaints. If an oral complaint made by telephone or by another electronic communications service is not remedied immediately, the Provider takes a written record of it, sends you a copy of that record and assigns a unique identification number to the complaint (Sections 17/A(4)–(5) of the Consumer Protection Act). The eight mandatory items of the record are listed in the Complaints Policy.

Electronic complaint form. The Provider does not currently operate an electronic complaint form; complaints may be made by e-mail, by post or by telephone. If the Provider introduces such a form in the future, it will acknowledge receipt of the complaint without delay (Section 17/A(6a) of the Consumer Protection Act).

XI.3 Conciliation Board (békéltető testület)

If the Provider rejects your complaint, you may turn to the Conciliation Board (békéltető testület). The Board competent for the Provider's registered seat is: Pest County Conciliation Board (Pest Vármegyei Békéltető Testület) — 1055 Budapest, Balassi Bálint u. 25. IV/2., Hungary · +36 1 792 7881 · pmbekelteto@pmkik.hu. You may also turn to the Board competent for your place of residence or stay and, at your request, any other Conciliation Board may act (Section 20(3) of the Consumer Protection Act). The details of all Conciliation Boards are set out in the Complaints Policy and in the Legal Notice.

The Provider has a duty to cooperate in Conciliation Board proceedings: it must send a written response when called upon by the Board and must ensure that a person authorised to reach a settlement takes part in the hearing (Sections 29(8) and 29(11) of the Consumer Protection Act). General declaration of submission to the Board's decisions: the Provider has not made a general declaration of submission.

Conciliation Board proceedings may be initiated on condition that you have first attempted to settle the dispute directly with the Provider (Section 27 of the Consumer Protection Act).

Mandatory out-of-court dispute resolution mechanism. Beyond the duty to cooperate described above, the Provider is not bound by any mandatory out-of-court dispute resolution mechanism, whether based on legislation or on a voluntary submission (Section 11(1) point v) of Decree 45/2014; Article 6(1)(t) CRD). Recourse to the Conciliation Board and to the courts is open to you at your choice.

XI.4 Consumer protection authority

You may also turn to the consumer protection body of the capital or county government office (fővárosi vagy vármegyei kormányhivatal) competent for your place of residence. The authority competent for the Provider's registered seat is: Pest County Government Office, Consumer Protection Department — 1088 Budapest, József krt. 6., Hungary · +36 1 459 4843 · fogyved@pest.gov.hu.

If you have no place of residence in Hungary. For the purposes of proceedings before the Hungarian consumer protection authority, the government office competent for the Provider's registered seat (Pest County Government Office, Consumer Protection Department — 1088 Budapest, József krt. 6., Hungary · +36 1 459 4843 · fogyved@pest.gov.hu) and the National Authority for Trade and Consumer Protection (Nemzeti Kereskedelmi és Fogyasztóvédelmi Hatóság, NKFH), which has national competence, act in that case. This does not affect your right to turn to the consumer protection authority of your own Member State or to the dispute resolution forums described in point XI.5. The full contact details of the authorities are set out in the Complaint Handling Policy.

XI.5 If you live in another country

The European Commission's online dispute resolution (ODR) platform ceased to operate on 20 July 2025 and can no longer be used. Instead, you may:

• turn to an alternative dispute resolution (ADR) entity notified in your own country under Directive 2013/11/EU; the official list of these entities is available on the European Commission's website;
• obtain free assistance in cross-border cases from the European Consumer Centres Network (ECC-Net), or from the European Consumer Centre in your country.

XI.6 Court proceedings

The above does not affect your right to bring your claim before a court (see Chapter XIV).

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XII. Intellectual property and permitted use of the Report

XII.1 The Provider's rights

The website, its design, texts, illustrations and source code, the ColourSense sign, the methodology of the Analysis, the instruction set (prompt) used and the template, typography and layout of the Report are the intellectual property of the Provider or of its licensors. They may not be used without the Provider's prior written consent.

XII.2 Your licence to use the Report

By paying the price you acquire an indefinite, royalty-free, non-exclusive, non-transferable right to use the Report for your own personal purposes. This includes the right to:

• open, read and save the Report to your own device an unlimited number of times;
• print it and make copies for your own use;
• use its content in your own dress, purchasing and style decisions;
• share it with your immediate family for private, non-commercial purposes.

XII.3 What the licence does not include

You are not entitled to:

• publish or disclose the Report, or make it available in full on a website, on social media or on any other public platform;
• resell, rent out, license or otherwise commercially exploit it;
• use it to provide colour analysis services to third parties;
• use it for training artificial intelligence, for data mining or for building a database;
• remove the Provider's identification from the Report, or distribute the Report modified in a way that is misleading as to the Provider.

This point does not restrict the free uses permitted by law, in particular quotation, or your right to present the Report to an authority, a Conciliation Board, a court or your legal representative in order to enforce your rights.

XII.4 The photograph you upload

The rights in the photograph you upload remain yours. The Provider uses the photograph solely for performing the contract; it does not publish or sell it, does not use it for marketing or reference purposes, and does not provide it for the training of artificial intelligence. You warrant that the photograph you upload depicts you, or that you are otherwise entitled to upload it. The processing of the photograph and its retention period (30 days) are described in the Privacy Policy.

XII.5 Copyright status of the Report

The text of the Report is generated by artificial intelligence. The Provider expressly records that the licence conditions set out in this chapter apply between the parties irrespective of whether the text of the Report qualifies as a work protected by copyright.

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XIII. Liability

Starting point: the Provider does not exclude or limit its liability where the law prohibits it from doing so. The limitations set out in this chapter apply within the limits of, and without prejudice to, mandatory consumer protection rules.

XIII.1 What the Provider does not exclude or limit

The Provider never excludes or limits its liability:

• for non-conformity (the statutory warranty of conformity) and for the rights conferred by Decree 373/2021;
• for breach of contract caused intentionally, or causing damage to human life, limb or health (Section 6:152 of the Civil Code);
• where the exclusion or limitation of liability is prohibited by law;
• for other rights conferred on the Consumer by law.

Under Article 22 of Directive (EU) 2019/770 and Section 3 of Decree 373/2021, any contractual term that excludes or limits the Consumer's rights before the Consumer notifies the Provider of a lack of conformity is null and void.

XIII.2 Limits arising from the nature of the service

Within the limits described in point III.6 and separately accepted by you, the Provider is not liable:

• for whether the aesthetic findings of the Analysis match your taste or that of third parties;
• for deviations arising from inaccurate, incomplete or untrue data provided by you, or from a photograph that is not suitable for determining colour characteristics;
• for the economic consequences of purchasing, dress or other decisions taken on the basis of the recommendations in the Report (for example, the cost of garments, cosmetics or hairdressing services purchased), provided that the service was otherwise in conformity with the contract;
• for health consequences: the Report is not a health-related opinion, so for health matters (e.g. a skin complaint, an allergy, the health risks of hair dyeing) please consult a physician.

XIII.3 Operation of the website

The Provider makes the website available in the form in which it exists from time to time and does not guarantee continuous, uninterrupted or error-free operation. The Provider reserves the right to suspend operation for maintenance. This does not affect its obligation to perform contracts already concluded (Chapter VIII), and it does not exclude any liability that the Provider may not exclude under point XIII.1.

XIII.4 Third parties

The Provider is not liable for outages in the services of third parties (your internet service provider, your e-mail provider, spam filters, the payment service provider, the artificial intelligence provider), on the understanding that this does not release the Provider from its obligation to perform the contract and — if performance fails — to refund the price (point VIII.6).

XIII.5 Your responsibility

You are responsible for the truthfulness and accuracy of the data you provide, for holding the rights in the photograph you upload, and for using the website lawfully and without infringing the rights of others.

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XIV. Applicable law and jurisdiction

XIV.1 These Terms and the contract concluded between the Provider and you are governed by Hungarian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

XIV.2 This choice of law may not have the result of depriving you, as a Consumer, of the protection afforded to you by those provisions of consumer protection law that cannot be derogated from by agreement under the law of the country in which you have your habitual residence (Article 6(2) of Regulation (EC) No 593/2008 — Rome I). If the law of the country of your habitual residence contains a mandatory consumer protection rule that is more favourable to you than these Terms, that rule applies.

XIV.3 The Hungarian courts have jurisdiction over disputes, on the understanding that this jurisdiction is not exclusive and does not limit your right, as a Consumer, to bring proceedings before the courts of the Member State in which you are domiciled; the Provider may sue you only before the courts of the Member State in which you are domiciled (Articles 17–19 of Regulation (EU) No 1215/2012 — Brussels Ia).

XIV.4 No provision of this chapter limits the mandatory consumer rights conferred on you by law, or excludes recourse to out-of-court dispute resolution (Chapter XI). The Provider does not use any arbitration clause and does not require you to waive any collective redress available to you under the law of your country.

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XV. Amendment of these Terms

XV.1 The Provider may amend these Terms unilaterally with effect for the future, in particular where legislation changes, where an authority takes a decision, where the content or the technical conditions of the service change, or where a new payment or delivery solution is introduced.

XV.2 The amended Terms enter into force upon publication on the website, on the date indicated in them. The Provider publishes the amended Terms with a new version number and date of entry into force.

XV.3 An amendment does not affect orders already placed or contracts already concluded. Your contract is in every case governed by the version of the Terms that was in force when you placed your order and that you accepted (Section 11(6) of Decree 45/2014; Article 6(5) CRD).

XV.4 The Provider makes earlier versions of the Terms available in an archive on the website.

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XVI. Minimum age

XVI.1 Ordering the service requires that you have reached the age of 18. By placing an order you declare that you have reached that age and that your legal capacity is not restricted.

XVI.2 If the order is placed by a minor with limited legal capacity, the consent of their legal representative is required for the contract to be valid (Section 2:12 of the Civil Code).

XVI.3 If the Provider learns that an order was placed by a person below the minimum age, the Provider may refuse performance or withdraw from the contract, and refunds the price paid. The processing of the related personal data — including the uploaded photograph — is governed by the Privacy Policy.

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XVII. Version, entry into force, availability

Language clause: if the language versions of these Terms differ, the interpretation more favourable to you prevails.

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Annex 1 — Model withdrawal/termination form

The Provider makes the following model form available to you under Section 11(1) point i) and Section 22(1) point a) of Decree 45/2014 (Article 6(1)(h) and Article 11(1) CRD). Using the form is not mandatory: you may also communicate your decision to withdraw or terminate by any other unequivocal statement (point IX.5). You can send the completed form to support@colour-sense.com or to the postal address 2100 Gödöllő, Szabó Pál utca 32., Hungary.

Annex I(B) to Directive 2011/83/EU — Model withdrawal form (official English text, reproduced verbatim)

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

— To [here the trader's name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]:

— I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*),

— Ordered on ()/received on (),

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

(*) Delete as appropriate.

Note: the Hungarian implementing text (Annex 2 to Decree 45/2014, as established by Section 15 of Government Decree 712/2020 (XII. 30.)) is reproduced verbatim in the Hungarian version of these Terms. It does not contain the reference to a fax number and it refers to withdrawal (elállás) and termination (felmondás) together.

Details needed to complete the "To" field: