General terms and conditions of use

1. WEBSITE OPERATOR (HEREINAFTER: SELLER) DATA:

  • Company name: Best Beauty Kft.
  • Registered seat: H-8000 Székesfehérvár, Bátky Zs. utca 4. 9/34.
  • Company registration number: 07-09-025977
  • Registering authority: Court of Company Registration of the Székesfehérvár Regional Court
  • Tax number: 25285541-2-07
  • Representative: FODOR-CSUTI Renáta, Managing Director
  • Phone number: +36 70 610 4850
  • Email address: info@bestlashespro.hu

Regarding the Seller, there is no code of conduct available that is based on the act on the prohibition of commercial practices that are unfair to consumers, and the Seller is not a member of a professional advocacy organisation.

Hosting provider data:

  • Name: NetMasters Europe Kft.
  • Registered seat: H-4200 Hajdúszoboszló, Diószegi S. u. 5.
  • Tax number: 24812087-2-09
  • Email address: szia@netmasters.hu

2. SELLER’S WEBSITE ADDRESS:

www.bestlashespro.hu

3. KEY DEFINITIONS:

  • Distance contract shall mean a consumer contract that the parties conclude in a distance selling system to provide the product or service specified in the contract without being physically present at the same time, by only applying telecommunication devices for concluding the contract.
  • Product shall mean all tangible, transferable, and movable things which are marketed and offered for sale in the range on the website and are subject matters of the relevant contracts.
  • Customer shall mean all natural or legal persons as well as all organisations which do not have a legal personality to which the Seller sells products via its website.
  • Consumer shall mean a natural person acting for the purposes outside his/her individual profession or economic activities and buying, ordering, receiving or using goods or being recipients of commercial communication related to the goods.

4. AVAILABILITY OF THE GENERAL TERMS AND CONDITIONS:

The Seller discloses its General Terms and Conditions at its internet website.

5. CONTENT OF THE GENERAL TERMS AND CONDITIONS:

These General Terms and Conditions contain the rights and obligations of the Customer using the electronic commerce services of the Seller, and the conditions of the agreement between the contracting parties. These General Terms and Conditions apply to placing orders at the bestlashespro.hu website. These terms and conditions are general terms and conditions within the meaning of Paragraph (1) of Section 5 of Act CVIII of 2001 Act CVIII of 2001 on certain issues of electronic commerce services and information society services and contain information and regulations in compliance with the provisions of Government Decree 45/2014 (II.26) on the detailed rules governing contracts between consumers and companies.

These General Terms and Conditions apply to all sales and purchases and all provisions of services that the Customer initiates by placing and order in the online shop of the Seller. During shopping, if Customer wishes to use the services of the Seller, he/she shall accept the provisions of these General Terms and Conditions by checking the checkbox on the form. In case of accepting the Terms and Conditions, the contract specified in these Terms and Conditions is concluded between Seller and Customer.

6. EFFECT OF THE TERMS AND CONDITIONS:

These Terms and Conditions come into effect on 16.10.2020, which is the same day as when these Terms and Conditions are published on the website. The provisions of the Terms and Conditions are applicable to all Customers and purchases from the day of coming into effect. These General Terms and Conditions are applicable until withdrawal.

Before submitting his/her order, Customer declares to be aware of the provisions of the General Terms and Conditions as in force from time to time and to have read, understood, acknowledged and to expressly accept them. By submitting the order, Customer acknowledges that the General Terms and Conditions as in force from time to time are an inseparable part of the contract between the parties.

Customer reserves the right to modify the provisions of these General Terms and Conditions. In case of modification, the Terms and Conditions applicable and effective at the time of submitting the order will be applied.

7. THE SHOPPING PROCESS, CONTRACT CONCLUSION:

The contract is concluded electronically where the Customer orders the product, submits his/her order, the Seller confirms that (expressly accepts the offer of the Customer) in an email sent to the email address given by the Customer, while adhering to the data protection provisions. The Seller has the right to withdraw from the contract after sending the confirmation, if the fulfilment cannot be expected in the future (e.g. it does not provide that particular product anymore, significant shortage of supply, vis maior, etc.). In case of a withdrawal, the Seller shall settle any payment or product movements with the Customer, if it occurred.

The products marketed by the Seller are presented at the bestlashespro.hu website, and the products in the online shop are the subject matters of the contract between the Seller and the Customer. Individual product categories can be accessed by clicking on the “Shop” menu item on the website. Individual products can be opened by clicking on the relevant product category, then, by clicking on the product, detailed information can be opened, providing detailed descriptions of the products. Any decoration elements that might appear on the photos are not parts of the products, except if specifically stated in the product description. The Seller accepts no responsibility for any accidental misspellings or incorrect information.

Customer can set the quantity they wish to order from the product, then he/she places the product into the “Cart”.

By clicking on the “Cart” icon in the top right corner of the website, it is possible to open the cart and view its content and the desired products and their quantities. By quitting the cart it is possible for the Customer to continue to view and purchase products on the website.

During shopping, the cart content can be viewed or changed. If the cart does not contain the quantity to be ordered, then the Customer can enter the quantity he/she wishes to order in the data-entry field in the “Quantity” column.

If the Customer wishes to delete the products in the cart, it is possible by resetting the quantity or by clicking on the “X” sign under the name of the product.

If every desired product has been added the cart, the Customer may start the ordering process by clicking the “Proceed to checkout” button.

In the next window, the personal data of the Customer (family name, given name, address, telephone number, email address) are entered, and, if an invoice is required to be issued for a company, then, after checking the relevant checkbox, the “Company name” and “Tax number” fields also need to be filled in. After entering the postcode, the system automatically fills in the name of the city.

If the delivery address is different from the entered invoicing address, then, after checking the relevant checkbox, delivery address data need to be filled in in separate fields.

After entering the data, the Customer chooses the payment method.

Customer may write comments to the order in the “Order notes” field.

Afterwards, the General Terms and Conditions and the Privacy Policy are accepted by checking the relevant checkboxes.

After that, if the Customer finds everything in order, the order is submitted by clicking the “Place order” button.

The information disclosed on the website is not an offer for contract made by the Seller. In case of orders covered by these General Terms and Conditions, Customer is considered as the bidder, and the contract is concluded when Seller accepts the offer made by Customer on the website according to the provisions of these General Terms and Conditions.

By clicking the “Place order” button, Customer specifically acknowledges that his/her offer has been made, and his/her declaration, in case of Seller’s confirmation according to these General Terms and Conditions, entails a payment obligation.

The receipt of the order is confirmed by the Seller in the form of an automatic reply. If necessary, the Seller’s representative contacts the Customer via phone or email.

In all cases, the contract between the parties is concluded when the Seller declares that it accepts the order of the Seller.

If the Customer submits and order on the website of the online shop, and the Seller confirms the order via email (specifically accepts the offer of the Customer), then a sale-and-purchase contract will be concluded between the Customer and the Seller. (If the email confirming the receipt of the order does not arrive to the Customer in 48 hours, then the time frame during which the Customer shall maintain the offer ends, and the Customer is not obliged to buy the ordered product.)

Customer shall accept that a contract concluded in such way is not considered to be concluded in writing, and for that the law of Hungary is applicable. For the contract, the provisions of these Terms and Conditions are applicable.

The contract is concluded in Hungarian, the website automatically stores the order in an electronic form, and the contract will not be registered in any other way; therefore, it will not be retrievable in the future.

8. CUSTOMER SERVICE:

Seller responds to the questions of Customer related to their orders via telephone or email through the contact channels specified in these General Terms and Conditions on working days between 9 AM and 5 PM.

9. SALE PRICE:

The prices displayed in the online shop are valid consumer prices in HUF currency and include the value added tax. The sale prices of the products do not include the shipping cost. Shipping costs shall always be borne by the Customer.

After the confirmation sent by the Seller, the payable total amount of the order does not change. A false price that is significantly different from the market price might, however, appear on the website because of a technical error or typo. An order might be automatically confirmed with a false price to the email address of the Customer; this may, however, not be regarded as an acceptance of the order. Should this be the case, the Seller shall contact the Customer via telephone or email for discussion. The Seller does not regard such orders as valid and does not assume any liability for any consequential damage. The Seller shall do everything to accurately indicate the prices of its products on its website. Should, despite all its care, a false price be indicated in the online shop, then the Seller may not be obliged to sell the relevant product for the false price.

10. CORRECTION OF DATA-ENTRY ERRORS:

During ordering, the Customer always has the opportunity to correct or delete entered data.

If, after submitting the order, Customer wished to modify the entered data, then it may notify the Seller of that through the contact channels specified in these General Terms and Conditions.

By finalising the order, the Customer shall acknowledge that the Seller may not be held liable for any damage that arises from the entering of false or inaccurate data.

An incorrectly entered email address during ordering or the fullness of the inbox of the account may lead to non-confirmation which may prevent the conclusion of the contract. Should this be the case, the Seller shall try to contact the Customer in another way.

11. PAYMENT TERMS:

Payment options in the online shop operated by the Seller: cash on delivery, bank card payment (OTP Simple Pay) and direct bank transfer.

Cash on delivery: The consideration payable for the product may be settled with cash on delivery where the Customer shall pay the final amount of the order to the courier either in cash or by bank card.

Payment by bank card: The purchase price may be settled with a valid bank card using the Simple Pay (OTP Bank) system. By clicking on the “Submit order” button, the system goes to the OTP SimplePay payment site. After that, the payment is governed by the provisions of the Terms and Conditions of SimplePay. Payment may be effected using the bank card types shown on the website of SimplePay, through the OTP online card-accepting terminal (VPOS) (SimplePay). Here, it is required to enter the name, card number, expiry date and validation code (CVC2 or CVV2) of the bank card. After entering the bank card details, the Customer starts the transaction by clicking on the “Pay” button. OTP SimplePay sends an email confirmation about the successful payment.

The Seller does not accept any liability for any errors that occur during the bank card payment. When paying, it is the Customer’s responsibility that he/she is entitled to use the particular payment method and tool, and that the entered payment information is correct and accurate. After payment completion, the system directs back to Seller’s website, where the following data are displayed: SimplePay reference number, identifier and the time of submitting the order.

Payment by direct bank transfer

Fulfilling its legal obligations, the Seller draws the attention of the Customer to the fact that making the contracting declaration (ordering the product) entails a payment obligation to be performed in favour of the Seller.

Customer accepts that he/she gets the invoice issued with the consideration for the product only electronically, as sent to the email address provided by him/her. Customer shall ensure the deliverability of the electronic invoice and that no technical settings (e.g. firewalls) prevent. Should the email address be changed, the Customer shall notify the Seller thereof via email.

12. SHIPPING TERMS:

Seller delivers the products to the Customer ordered in the online shop operated by Seller using GLS General Logistics Systems Hungary Csomag-Logisztikai Kft.

In case of home delivery, the courier delivers the package to the address given by the Customer. After the courier hands the package over to the Customer, Customer shall make sure that the product is not damaged. If the product arrives damaged, then the employee of the courier service shall record this in a report, and the Seller only accepts complaints if they are made in this way.

Shipping costs shall always be borne by the Customer, who shall also pay the shipping fee.

 

13. DATE OF PERFORMANCE:

The date of performance is the date of sending the ordered product to the Customer. The Seller usually sends ordered products within 48 hours.

Should demand be high, handing over ordered products might take longer.

14. INFORMATION AND LIABILITY REGARDING THE PRODUCTS MARKETED BY THE SELLER:

The Seller does not take any liability for any damage or health problems that arise from the improper use of the products marketed by it.

The Seller does not conclude contracts with minors. By accepting these General Terms and Conditions, Customer declares to be older than 18 years of age when concluding the contract.

The Seller excludes its liability for the following events:

  • Late or neglectful delivery by the courier service.
  • Falsely submitted order by the Customer and any consequential delays.
  • Technical defects in the service spaces of the Seller, force majeure or emergency.

Seller does not assume any liability for specific or allergic reactions of the Customer or the user of the products.

It is not a defect if the product is not capable of being properly used because of the specific expectations of the Customer. The Seller markets the products for professional use and does not assume any liability for their unprofessional use (the customer uses the product in inappropriate circumstances or without the know-how required to use the product).

If Customer fails to take the ordered product, it shall reimburse the Seller the loss arising from the returning of the package. Seller will send the next order to Customer only if the purchase price and the shipping costs of the new product as well as the previously payable shipping costs have been settled.

15. DATA PROTECTION:

The Seller processes personal data only in accordance with the provisions of current legislation and strictly in compliance with the regulations of the data processing and data protection provisions, taking into account the principles of legality, decent procedure, transparency, purpose limitation, data minimization, accuracy, and limited storability.

Seller shall take all the necessary technical and organisational measures in order to process the personal data of its partners and Customers in a safe way as required by Regulation (EU) No. 679/2016 of the European Parliament and of the Council.

The Privacy Policy on the processing of personal data is also available on the website and at the registered seat of the Seller.

16. RIGHT OF WITHDRAWAL:

In case of contracts concluded outside business premises and distance contracts, the Seller is entitled to withdraw without assigning any reason for 14 calendar days from receiving the product. Customer may also exercise his/her right of withdrawal during the period between the date of contract conclusion and the date of receiving the product. In case of a written withdrawal, it is sufficient to send the declaration of withdrawal within 14 calendar days. Customer may exercise this right by making a relevant and unambiguous statement or with the declaration form for withdrawal/termination in Schedule No. 2 of Government Decree No. 45/2014. (II. 26.) (and below).

Declaration form for withdrawal

To: Best Beauty Kft.

Address: H-8000 Székesfehérvár, Bátky Zs. utca 4. 9/34.

Undersigned …………………………. declares/declare that I/we practice my/our right of withdrawal/termination regarding the contract on the sale and purchase of the following products or on the provision of the following service.

Date of contract/date of receipt:

Name of consumer(s):

Address of consumer(s):

Please reimburse the purchase price to the following bank account number (only fill in if you choose the purchase price to be returned via bank transfer):

Signature of consumer(s): (only in case of paper-based forms)

Dated

Customer may send the declaration to Provider via e-mail (info@bestlashespro.hu) or in the form of a letter addressed to its headquarters (Best Beauty Kft. H-8000 Székesfehérvár, Bátky Zs. utca 4. 9/34.). The abovementioned deadline is considered to be completed if the Customer communicates his/her intention to withdraw on the 14th day counted from the receipt of the product at the latest. The burden of proof in relation to this is the liability of Customer. If Customer withdraws from the contract in such way, Seller reimburses the full amount paid by Customer as the purchase price, including the costs that incurred in relation to the completion immediately, but maximum 14 days after being notified of the withdrawal. Seller reimburses the due amount to Customer with the same payment method that Customer used. Based on the expressed consent of Customer, Seller may use a different method for the reimbursement, but it does not result in any additional costs for Customer.

If Customer has especially requested a different shipping method instead of the cheapest one, then Seller is not obliged to reimburse the additional costs thereof.

Seller has the right to withhold the consideration payable for the product and the costs incurred during shopping until Customer’s returning of the product. Customer shall return the purchased products in an undamaged and complete condition and without unjustified delay, but within 14 calendar days after the announcement of the intention to withdraw at the latest. This time limit shall be regarded as met if Customer sends the product before the lapse of the 14-day time limit. Customer shall bear the direct costs of returning the product. Seller is not obliged to accept products that have been sent with cash on delivery or postage paid by the recipient, because the shipment costs of returning shall be borne by the Customer.

Customer may be held liable for any reduction in the value of the product, if the value reduction is attributable to excessive use beyond the use necessary for determining the nature, characteristics and operation of the product.

Customer is not entitled to the above right of withdrawal in case of

  • products that are perishable or have a short best-before date, and
  • products in a closed packaging that may not be returned for health-protection or hygienic reasons if opened after delivery.

17. WARRANTY AND GUARANTEE:

The Seller provides the warranty and guarantee specified by the law for the defects of the products marketed by it.

The product is defective if, at the time of performance, it does not meet the quality requirements specified in the contract or the law. Seller does not perform defectively if Customer knows or should know the defect at the time of contract conclusion.

Should a purchased product be defective, Customer may assert a claim for warranty for defects or product warranty or, in certain cases, a claim for guarantee. The procedure is governed by the provisions of Decree No. 19/2014. (IV. 29.) of the Minister of the National Economy.

18. WARRANTY FOR DEFECTS:

When may Customer exercise his/her right to warranty for defects?

In the event of defective performance by the Seller, Customer may asset a claim for warranty for defects according to the rules of Act V of 2013 on the Civil Code (hereinafter: Civil Code).

What are the rights of Customer based on his/her claims under warranty for defects?

Customer may elect to assert the following claims under warranty for defects. He/she may claim repair or replacement, except if the claim chosen by Customer is impossible to fulfil or implied disproportionate additional costs for the Seller in comparison with the fulfilment of any other claims of the Customer, taking into account the value the service would have in perfect condition, the gravity of the breach of contract and the violation of the interests of the right holder with the fulfilment of the warranty right.

Customer may request that the consideration be proportionately reduced, repair the defect or have it repaired by somebody else at his/her own costs, or withdraw from the contract, if the Seller does not undertake to do the repair or replacement, is unable to perform this obligation while protecting the interests of the right holder within an appropriate time limit, or if the interest of the Customer in the repair or replacement has lapsed.

No grounds exist for withdrawal based on immaterial defects.

Customer may change over from his/her chosen warranty right to another one, but Customer shall bear the costs of changing over, except if the changing over is justified or is necessitated because of the Seller.

What is the time limit for asserting the Customer’s claims under warranty for defects?

After discovering the defect, Customer shall report it promptly, but within two months at the latest. Customer shall be liable for any damage incurred because of late reporting.

Customer’s claim under warranty for defects lapses after one year from the date of performance. In the event of a contract between a consumer and a business, the Consumer’s claim under warranty for defects lapses after two years from the date of performance. 

This time limit is 1 year for used things.

The term of limitation does not include the time spent in repair during which the Customer is unable to use the thing according to its intended purpose.

The term of limitation of the claim under warranty for defects for the part of the thing subject to the repair or replacement will start again. This rule also applies to any damage that occurs as a consequence of the repair.

Against whom may Customer assert his/her claim under warranty for defect?

Customer may assert his/her claim under warranty for defect against the Seller.

What other conditions apply to the assertation of the warranty right of the Customer?

If Customer is a Consumer, the only condition for asserting the Customer’s claim under warranty for defects is announcing the defect in the 6 months from the date of performance, if Customer verifies that the product or service has been provided by the Seller (excluding the event where the this is incompatible with the nature of the product or the nature of the defect). If the 6 months after the performance have expired, the Consumer shall prove that the defect discovered by him/her already existed at the time of performance.

If Customer is not a Consumer, Customer is required to demonstrate that the product did not meet the requirements specified in the contract or the law at the time of performance. 

19. PRODUCT WARRANTY

When may the Customer exercise his/her right to product warranty?

In the event of a damage in a moveable thing (product), the Consumer may elect to assert his/her warranty right or his/her right to claim product warranty.

What are the rights of the Customer based on his/her product warranty claim?

In a claim for product warranty, the Consumer may only request that the defective product be repaired or replaced.

When is a product defective?

A product is defective, if it does not meet the quality requirements applicable at the time of its commercialisation, or if it does not have the features in the manufacturer’s specification.

What is the time limit for the Customer to assert his/her claim for product warranty?

Upon discovering a defect, the Consumer shall immediately report it to the manufacturer. A defect reported in two months from its discovery shall be regarded as promptly reported. The Consumer shall be liable for any damage incurred because of late reporting.

The Consumer may assert his/her claim for product warranty in the two years from the commercialisation of the product by the manufacturer. He/she loses this right with the lapse of that time limit.

Against whom and with what other conditions may the Customer assert his/her product warranty claim?

The Consumer may assert his/her product warranty claim only against the manufacturer or distributor of the moveable thing. In the event of asserting a product warranty claim, the Customer shall demonstrate the defect of the product.

When does the manufacturer (distributor) become exempt from its product warranty obligation?

The manufacturer (distributor) becomes exempt from its product warranty obligation only if it demonstrates that

  • it did not manufacture the product within the scope of its business activities or it has not commercialised it, or
  • according to the state of scientific and technical knowledge, the defect was not detectable at the time of commercialisation, or
  • the product defect arises from the application of the low or a mandatory regulatory requirement.

To become exempt, the manufacturer (distributor) only needs to demonstrate one of the foregoing grounds. Customer may not assert a claim for warranty of defects and a product warranty claim for the same defect at the same time. In the event of effective product warranty claim assertation, however, the Customer may assert his/her claim under warranty for defects against the manufacturer for the replaced product or the replaced part.

20. REPORTING OF WARRANTY CLAIMS:

If Customer wishes to enforce his/her warranty rights regarding the product marketed by the Seller, he/she can do that by presenting the document (invoice) or a copy of it, demonstrating the conclusion of the contract.

Claims may be asserted in person or in writing (in postal mail or email).

1. Reporting in person

Customer may report its warranty claim in person at the place of business of the Seller (Best Beauty Kft., H-1095 Budapest, Tinódi utca 1-3.).

Seller records the objection in a report, recording

  • the name, address of Customer and his/her declaration that he/she consents to the processing of his/her data in the report,
  • the name and purchase price of the product,
  • the date of the purchase,
  • the date of reporting the defect,
  •  the description of the defect,
  • the claim and right the Customer wishes to assert,
  • the way to settle the objection or the reasoning for rejecting the claim and the right to be enforced on the basis of the claim.

If the way to settle the objection is different from the claim of the Customer, the Seller shall record that in the report. Seller shall hand over a copy of the report to the Customer.

2. Reporting in writing:

Customer may report his/her warranty claim in a postal mail or email sent to the Seller (Best Beauty Kft. H-8000 Székesfehérvár, Bátky Zs. utca 4. 9/34., email address: info@bestlashespro.hu).

The letter shall contain:

  • the name, address of Customer and his/her declaration that he/she consents to the processing of his/her data,
  • the name and purchase price of the product,
  • the date of the purchase,
  • the date of reporting the defect,
  • the description of the defect,
  • the claim and right the Customer wishes to assert,

Should the Seller not be able to declare on the performability of the claim of the Customer at the time of its reporting, it shall notify the Customer of its position in 5 working days at the latest.

The Seller shall strive for completing the repair or replacement in maximum 15 days. If the repair or replacement takes longer than 15 days, then the Consumer shall inform the Customer of the expected duration of the repair or replacement.

The Seller shall issue an acknowledgement of receipt for taking the product over for repair. The acknowledgement of receipt shall include the name and address of the Customer, product identification data, the date and time of taking over the product, and the date and time of handing over the repaired product.

21. GUARANTEE

According to Government Decree No. 151/2003. (IX. 22.), the Seller is subject to obligation of warranty for the new durable consumer goods listed in Schedule No. 1 to that Decree, especially including the lighting products and electric beauty-care equipment marketed by it, if their sale price is higher than HUF 10,000. Customer may enforce his/her guarantee rights only if he/she is a Consumer.

Guarantee period:

– 1 year if the sale price is at least HUF 10,000, but does not exceed HUF 100,000,

– 2 years if the sale price is higher than HUF 100,000 but does not exceed HUF 250,000,

– 3 years if the sale price is higher than HUF 250,000.

The guarantee period starts on the day when the product is delivered to the Consumer or, if the product is put into operation by the Company or an agent of it, on the day of putting into operation. If the Consumer has the product put into operation later than six months from the delivery, then the start date of the guarantee period will be the product delivery date. If the product gets repaired, the guarantee period extends with the period which starts on the day when the product is handed over for repair and takes as long as the Consumer is not able to use the product for its intended purpose because of the defect. The guarantee period restarts for the replaced (repaired) product (product part) if the product or a part of the product is replaced (repaired) as well as for the damage arising as a consequence of the repair.

Seller does not have to provide guarantee, if the reason for the defect emerged after performance, e.g. if the defect is caused by

– improper use,

– putting into operation in a non-workmanlike manner (except if done by the Company or a contributory of it, or if it is attributable to a defect in the user guide),

– inappropriate storage, tampering,

– reasons not associated with the product (network problems, natural disasters, etc.)

.

In case of defects covered by the guarantee, the Consumer may

– primarily elect to claim repair or replacement, except if the chosen guarantee claim is impossible to fulfil or implied disproportionate additional costs for the Seller in comparison with the fulfilment of any other guarantee claim, taking into account the value the service would have in perfect condition, the gravity of the breach of contract, and the violation of the interests of the Consumer with the fulfilment of the guarantee claim, or

– if the Seller has not undertaken to do the repair or replacement, is unable to fulfil this obligation in an appropriate deadline without damaging the interests of the Consumer, or if the interests of the Consumer in the repair or replacement have lapsed, the Consumer may elect to request that the purchase price be proportionately reduced or repair the defect, or have it repaired, at the cost of the Company, or withdraw from the contract. No grounds exist for withdrawal based on immaterial defects.

The Consumer may change over from his/her chosen right to a different one. He/she shall reimburse the costs of changing over to the Seller, except if the grounds for changing over were given by the Company or if changing over was otherwise justified.

The Seller shall strive for completing the repair or replacement in maximum 15 days. If the repair or replacement takes longer than 15 days, then the Consumer shall inform the Customer of the expected duration of the repair or replacement. Should the Consumer have given prior consent, this information shall be provided electronically or in another way capable of proving receipt by the Consumer.

Only new parts may be built in the product during the repair.

If, during the first repair of the product during the guarantee period, the Seller establishes that the product is unrepairable, then the Seller shall replace the product in 8 days, unless otherwise provided for by the Consumer. If product replacement is not possible, the Seller shall refund the purchase price indicated on the document presented by the Consumer and verifying the payment of the consideration payable for the product (an invoice or receipt issued according to the VAT Act) to the Consumer in 8 days.

If, during the guarantee period, the product malfunctions again after 3 repairs, then, unless otherwise provided for by the Consumer, and unless the Consumer requires that the purchase price be proportionately lowered, and unless the Consumer wishes to repair the product, or have it repaired, at the cost of the Seller, the Seller shall replace the product in 8 days. If product replacement is not possible, Seller shall refund the purchase price indicated on the document presented by the Consumer and verifying the payment of the consideration payable for the product (an invoice or receipt issued according to the VAT Act) to the Consumer in 8 days.

If the product is not repaired in 30 days from announcing the need for repair to the Seller, then, unless otherwise provided for by the Consumer, the Seller shall replace the product in 8 days from the ineffective lapse of the 30-day time limit. If product replacement is not possible, the Seller shall refund the purchase price indicated on the document presented by the Consumer and verifying the payment of the consideration payable for the product (an invoice or receipt issued according to the VAT Act) to the Consumer in 8 days from the ineffective lapse of the 30-day time limit.

If the Consumer claims replacement in 3 working days from the purchase (putting into operation), then the Seller may not claim disproportionate extra costs, but shall replace the product, provided that its defect hampers its intended use.

Guarantee-related costs are borne by the Seller.

Products that are connected in a fixed manner and products that are heavier than 10 kg or cannot be transported as handheld package in public transport (except for vehicles) shall be repaired at the operation location. If repairing at the operation location is not feasible, dismounting, remounting, removal and returning will be taken care of by the Seller or, in the event repair is claimed directly from the repair service, the repair service.

The guarantee does not affect the legal rights of the Consumer, including his/her right to warranty for defects, product warranty rights, and right to damages.

Guarantee rights may be exercised with the relevant guarantee certificate. If the Consumer has not received a guarantee certificate, the conclusion of the contract shall be regarded as demonstrated if the Consumer presents the document demonstrating the payment of the consideration, i.e. the invoice or receipt issued according to the VAT Act. In this case, guarantee rights may be exercised with the document demonstrating the payment of the consideration. The exercising of guarantee rights may not be subject to the returning of opened packaging materials by the Consumer.

The Consumer may assert his/her guarantee claim at the registered seat or any other branch office of the Company.

The Seller shall record the guarantee claim made to it in a report with the following data:

  • the name, address of Customer and his/her declaration that he/she consents to the processing of his/her data in the report,
  • the name and purchase price of the product,
  • the date of the purchase,
  • the date of reporting the defect,
  •  the description of the defect,
  • the claim and right the Customer wishes to assert,
  • the way to settle the objection or the reasoning for rejecting the claim and the right to be enforced on the basis of the claim.

If the way to settle the objection is different from the claim of the Customer, the Seller shall record that in the report. Seller shall hand over a copy of the report to the Customer.

Should Seller not be able to declare on the performability of the claim of the Customer at the time of its reporting, it shall notify Customer of its position in 5 working days at the latest.

The Seller shall issue an acknowledgement of receipt for taking the product over for repair. The acknowledgement of receipt shall include the name and address of the Customer, product identification data, the date and time of taking over the product, and the date and time of handing over the repaired product.

The Consumer may also assert his/her guarantee claim at the following repair services:

(Non-mandatory)

Name:

Address:

Phone number:

Email address:

In case of a consumer dispute, the Consumer may also initiate the procedure of the conciliation panels operated by the county (capital city) chambers of commerce and industry. The procedure is dealt with by the conciliation board having jurisdiction over the place of domicile or the place of stay of the Consumer. Should the Consumer not have a place of domicile or a place of stay in Hungary, the conciliation board having jurisdiction over the registered seat of the company involved in the consumer dispute or of the body authorised to represent it. Based on the request of the Consumer in this regard, the conciliation board specified in the request of the Consumer will have jurisdiction for the procedure, instead of the board specified above.

22. HANDLING OF COMPLAINTS CONCERNING THE ACTIVITIES OF THE SELLER:

If Customer is not satisfied with the product marketed by Seller or the procedure of Seller and wishes to file a complaint against Seller, he/she may do that orally or in writing, in postal mail (Best Beauty Kft, H-8000 Székesfehérvár, Bátky Zs. utca 4. 9/34.) or in an email (to info@bestlashespro.hu).

The Seller will investigate all complaints. The Seller shall investigate oral complaints immediately, and remedy them if necessary. If Customer does not agree with the handling of the complaint, or it is not possible to investigate the complaint immediately, Seller shall record the complaint and its standpoint in a report without delay, and, in case of an oral complaint made in person, give a copy of the report to the Customer on the spot.

In case of an oral complaint made on the phone or using any other electronic communication service, the Seller shall send it to the Customer together with the substantive reply in 30 days at the latest, according to regulations concerning replies to written complaints.

Unless otherwise provided for by any directly applicable legal act of the European Union, the Seller shall substantively reply to written complaints in writing and take the appropriate measures in 30 days after the receipt. A shorter time limit may be set by a piece of legislation, while a longer period may be set by an act of Parliament. The Seller shall provide a reasoning for its standpoint on rejecting the complaint. Any oral complaints communicated by phone or with the use of electronic communication services shall be assigned unique identification numbers by the Seller.

The complaint report shall contain the following data.

  • name and residential address of Customer,
  • place, time and date, and method of submitting the complaint,
  • a detailed description of the Customer’s complaint, a list of documents presented by the Customer and of other evidence,
  • a statement by the Seller on its position regarding the Customer’s complaint, in case the immediate investigation of the complaint is possible,
  • the name of the person making the report and the signature of the Customer, with the exception of oral complaints communicated by phone or with the use of other electronic communication services,
  • place, date and time of making the report,
  • in case of oral complaints made by phone or with the use of electronic communication services, the unique identification number of the complaint.

The Seller shall keep the report of the complaint and the copy of the answer for 3 years and present them to the supervising authorities on request.

In case the complaint is rejected, the Seller shall inform the Customer in writing about the authority or conciliation board Customer may turn to for the investigation of his/her complaint, according to the nature of the complaint. Such information shall also include the registered seat, telephone and internet contact and the mailing address of the competent authority and the conciliation board having jurisdiction over the place of domicile or the place of stay of the Customer. The information shall also include whether the Seller uses the procedure of the conciliation board for resolving consumer disputes.

23. CONCILIATION BOARD, CONSUMER PROTECTION, ENFORCEMENT OF RIGHTS BEFORE A COURT

Seller hereby informs Customers who are Consumers that if Customer does not agree with the response of Seller to his/her complaint, then Customer may turn to the following authorities.

To initiate a conciliation board procedure, the Customer may turn to the conciliation board having jurisdiction over the place of domicile or place of stay of the Customer, or, if no such place exists, to the conciliation board having jurisdiction over the registered seat of the Seller. Based on the request of the Consumer in this regard, the conciliation board specified in the request of the Consumer will have jurisdiction for the procedure, instead of the board specified above.

Conciliation board having jurisdiction over the registered seat of the Seller:

Conciliation Board of Fejér County

Address: H-8000 Székesfehérvár, Hosszúsétatér 4-6.

Phone number: +36 22 510 310

Telefax: +36 22 510 312

Chairperson: Dr. VÁRI KOVÁCS József

Website: www.bekeltetesfejer.hu

Email address: bekeltetes@fmkik.hu; fmkik@fmkik.hu

Contact details of conciliation boards having regional jurisdiction are available through the following link.

A conciliation board is an independent body which operates as attached to the chambers of commerce any industry of the counties and the Budapest Chamber of Commerce and Industry. They were set up to attempt to resolve disputes between the Customer and the Seller out of court, primarily to create an agreement between the parties and therefore to help to give effect to consumer rights in a simple, fast, and efficient way.

To turn to a conciliation board, the Customer should attempt to resolve the dispute directly with the Seller. The procedure of the conciliation board is free of charge, Customer only has a payment obligation if the board decides against Customer.

The procedure of the conciliation board starts at the request of the Customer. The request shall be submitted to the chairperson of the conciliation board in writing—via mail, telegraph, teletypewriter or fax, or any other means that are suitable for storage of the delivered data by the recipient for a period appropriate for the recipient’s purposes, and the display of the data stored in an unchanged form and content.

The request shall contain:

  • the name, place of residence or place of stay of the Customer,
  • the name, registered seat or relevant place of business of the Seller,
  • the specification of the body requested instead of the conciliation board having jurisdiction,
  • a brief description of Customer’s position, the supporting facts and evidence thereof,
  • the statement of the Customer that the Customer has attempted to directly resolve the dispute with the Seller,
  • the Customer’s statement concerning the fact that Customer has not initiated similar proceedings at any other conciliation board regarding the same issue, no mediation proceeding has been started, and no application has been submitted, or no request for an order for payment has been submitted,
  • the motion for the board’s decision,
  • the signature of Customer.

The request shall be accompanied by the document referenced by the Customer as evidence, or a copy thereof (extract), in particular the written statement of the Seller on the rejection of the complaint, or in the absence of such document, other written evidence available to the Customer regarding his/her attempt to reach an agreement.

If Customer is acting by a proxy, a proxy letter shall accompany the request.

Customer detects that his/her consumer rights are violated, he/she has the right to submit his/her complaint to the consumer protection authority having jurisdiction over his/her place of residence. After the investigation of the complaint, the authority makes a decision on conducting the consumer protection process. The government offices having jurisdiction over the place of residence or registered seat of the Customer are in charge of performing consumer protection processes of first instance; and their list is available here.

However, the individual case of the Consumer will be settled by the conciliation board; therefore, in this case, the consumer protection authority will forward the requestor’s case to the conciliation board. 

Customer is entitled to assert the claims arising out of the consumer dispute in court, in civil proceedings according to the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

24. MISCELLANEOUS AND FINAL PROVISIONS:

Customer’s ordering on the website implies that the Customer possesses the technical and legal knowledge concerning electronic commerce. The Seller accepts no responsibility for errors arising from the lack of such knowledge or the fault of electronic products or IT or telecommunication providers (such as the internet provider).

The protection of the Customers’s computer and the data it contains is the responsibility of the Customer.

If there is a binding legal provision or court’s decision that limits or invalidates any provision of these General Terms and Conditions, it does not affect the validity of other provisions of these General Terms and Conditions.

Any issues not regulated in these General Terms and Conditions shall be governed by provisions of Act V of 2013 on the Civil Code and other applicable legislation.

25. RELEVANT APPLICABLE LEGISLATION:

The contract between the parties is governed by the following laws in particular.

  • Act CLV of 1997 on consumer protection;
  • Act CVIII of 2001 on certain issues of electronic commerce services and information society services;
  • Act V of 2013 on the Civil Code,
  • Government Decree No. 151/2003. (IX. 22.) on the mandatory warranty for certain durable consumer goods,
  • Government Decree 45/2014 (II.26) on the detailed rules governing contracts between consumers and companies;
  • Decree No. 19/2014. (IV. 29.) of the Minister of the National Economy on the procedural rules for dealing with warranty and guarantee claims pertaining to things sold under contracts made between consumers and businesses

These General Terms and Conditions take effect on 16.10.2020 and apply to subsequent orders and contracts.

TERMS AND CONDITIONS – TRAININGS

1. PROVIDER INFORMATION:

  • Company name: Best Beauty Kft.
  • Headquarters: H-8000 Székesfehérvár, Bátky Zs. utca 4. 9/34.
  • Company registration number: 07-09-025977
  • Registering authority: Company Registry Court of Székesfehérvár Regional Court
  • Tax number: 25285541-2-07
  • Representative: FODOR-CSUTI Renáta, managing director
  • Telephone number: +36 70 610 4850
  • E-mail address: info@bestlashespro.hu
  • Adult education registration number: B/2020/000485

INFORMATION OF HOSTING SERVICE PROVIDER:

  • Name: NetMasters Europe Kft.
  • Registered seat: H-4200 Hajdúszoboszló, Diószegi S. u. 5.
  • Tax number: 24812087-2-09
  • Email address: szia@netmasters.hu

Regarding the Provider, there is no code of conduct available that is based on the act on the prohibition of commercial practices that are unfair to consumers. Provider is a member of the Chamber of Commerce and Industry of Fejér County.

2. DEFINITIONS OF IMPORTANT TERMS:

  • Provider: natural or legal person, or organisation that is not a legal person, that provides the service. Organizer of the training.
  • Consumer: a natural person acting for purposes outside their individual profession or economic activities.
  • Contract for providing service: any contract other than a sales contract, according to which the company provides a service or undertakes to provide a service to Participant, and Participant pays or undertakes to pay the cost of the service.
  • Participant: the person using Provider’s services, who would like to take part in the training organized by Provider, or purchases the online training material distributed by Provider.

3. AVAILABILITY OF TERMS AND CONDITIONS:

Provider publishes the effective document named Terms and Conditions on its website, or sends it electronically to the Participants applying for the training.

4. CONTENT OF TERMS AND CONDITIONS:

These Terms and Conditions contain the rights and obligations of the Participant using the services of Provider, and the conditions of the agreement between the contracting parties. The Terms and Conditions are applicable in case of application and attendance to the training organized by Provider. These conditions are considered as contract terms, and contain adequate information and regulation according to the Government Decree No. 45/2014. (II. 26.) On the detailed regulations of contracts between consumer and company. Certain provisions of these Terms and Conditions apply exclusively to Participants acting as Consumers.

These Terms and Conditions contain provisions that correspond to the contents of Act LXXVII of 2013 on adult education and Government Decree No. 11/2020. (II.7.) On implementing the adult education act, the contract is concluded with the content determined in the effective regulations.

Participant, if he/she would like to use Provider’s service, is obliged to accept the provisions of these Terms and Conditions, which he/she can do by checking the appropriate box on the form found on the website or by sending a confirmation via e-mail. In case of accepting the Terms and Conditions, the contract specified in these Terms and Conditions is concluded between Provider and Participant. If Provider appropriately publishes or sends this document named Terms and Conditions to Participant before the transfer of the participation fee, but Participant does not send any confirmation about accepting the Terms and Conditions to Provider but transfers the amount of the participation fee to Provider’s bank account, it shall be considered as if Participant accepted the Terms and Conditions.

5. EFFECT OF THE TERMS AND CONDITIONS:

These Terms and Conditions come into effect on 28.10.2020, which is the same day as when these Terms and Conditions are published on the website. The provisions of the Terms and Conditions are applicable to all Participants and trainings from the day of coming into effect.

Provider reserves the right to modify the provisions of these Terms and Conditions. In case of modification, the Terms and Conditions applicable and effective at the time of submitting the application will be applied.

The Terms and Conditions cover the following services provided by Provider: participation in trainings organized by Provider and purchase of online trainings available on Provider’s website. Those are entitled to use Provider’s services, who applied to the training advertised by Provider in advance, whose application was confirmed by Provider, who paid the participation fee to Provider and accepted the provisions of these Terms and Conditions.

The Terms and Conditions regulate the rights and obligations between the parties that arise in regard to the abovementioned services and while using these services.

6. CONCLUSION OF CONTRACT, TERMINATION OF CONTRACT:

The legal relationship between Participant and Provider is established by accepting these Terms and Conditions, which determine the rights and obligations of both parties.

The contract is concluded electronically when the Participant applies to the training and submits the application, which Provider confirms (specifically accepts Participant’s offer) by replying to the e-mail address provided by Participant while adhering to the data protection provisions. Provider has the right to withdraw from the contract after sending the confirmation, but before starting the fulfilment of the contract, if the fulfilment of the contract cannot be expected in the future (e.g. Provider does not provide that particular service anymore, vis maior, etc.). In case of withdrawal, Provider is obliged to reimburse the fees to Participant, if a transaction occurred.

Provider informs Participants of the syllabus, date and location of the training on its website and via e-mail . Provider accepts no responsibility for any accidental misspellings or incorrect information.

Application to the training is possible on Provider’s website.

The trainings organized by Provider are presented on the https://pro.bestlashespro.hu and https://bestlashespro.hu/oktatas/ websites. The individual trainings and their detailed information are available by clicking on the “Online training” and the “Training courses” options on the website.

Under the “Training courses” menu, Participant can choose in which training, when and where he/she would like to participate, and after that, he/she can start the application process by clicking on “Registration”.

After selecting the quantity and clicking on the “Next” button, Participant is obliged to provide his/her personal data and it is also necessary to declare that the provided data is correct.

After providing personal data, Participant puts the training in the “Cart” by choosing the “Add to cart” option, afterwards it is possible to open and view the content of the cart by clicking on the “Cart” icon in the top right corner of the website.

If Participant would like to delete the training added to the cart, it is possible by clicking on the “X” sign next to the picture of the training.

After that, the system leads to where the billing details have to be provided and it also displays the details of the training (type, location, date of the training).

If Participant would like to order the content of the Cart, after providing the billing details Participant can choose the ideal payment method and accept the Terms and Conditions and the Privacy Policy by ticking the appropriate box.

After that, the application can be submitted by clicking the “Place order” button.

By submitting the application, Participant specifically acknowledges that the offer is considered to be made, and his/her declaration – in case of Provider’s confirmation according to these Terms and Conditions – entails a payment obligation.

After the application was received by Provider, Provider confirms the application via e-mail.

Participant is obliged to pay a deposit of  HUF 12,000 or HUF 20,000 per training to Provider in 3 working days  after submitting the application. By accepting these Terms and Conditions, Participant declares that he/she is aware of the meaning of deposit and that if he/she cannot use the service for his/her own fault, he/she will lose the amount  of the paid deposit, if these Terms and Conditions do not determine otherwise.

Participant accepts that a contract concluded in such way is not considered to be concluded in writing, and for that the law of Hungary is applicable. For the contract, the provisions of these Terms and Conditions are applicable.

The contract is concluded in Hungarian, Provider stores the applications electronically, the contract will not be concluded in any other way.

During the application process, Participant is obliged to provide his/her own, accurate data. In case of inaccurate or another person’s data provided during the registration, the concluded electronic contract is invalid. Provider accepts no responsibility if Participant uses its services in another person’s name or with another person’s data.

Provider is not responsible for any problems caused by incorrect, incomplete or inaccurate data provided by Participant, regarding that Provider gives Participant the possibility to review the data during the application process in all cases.

Provider does not pay a scholarship to Participant.

Provider does not take any support from a financial or EU-related source to organize the training.

PURCHASING ONLINE TRAININGS:

The contract is concluded electronically when the Participant submits the order, which Provider confirms (specifically accepts Participant’s offer) by replying to the e-mail address provided by Participant while adhering to the data protection provisions. Provider has the right to withdraw from the contract after sending the confirmation, if the fulfilment cannot be expected in the future (e.g. it does not provide that particular online product anymore, vis maior, etc.). In case of a withdrawal, Provider is obliged settle any payment or product movements with Participant, if it occurred. In case of a credit card payment, Participant does not have the right to withdraw, because the training immediately becomes available on Participant’s registration platform in the moment of the transaction.

The online trainings distributed by Provider are presented on the https://pro.bestlashespro.hu/online-kepzesek/ and https://bestlashespro.hu/oktatas/online-kepzes/ websites. The trainings available for purchase are available by clicking on the “Online training” option on the website. Detailed information related to certain trainings can be viewed by clicking on the individual online products. Provider accepts no responsibility for any accidental misspellings or incorrect information.

If desired, Participant can put the chosen training in the “Cart” by clicking the “Add to cart” button.

By clicking on the “Cart” icon in the top right corner of the website, it is possible to open the cart and view its content and the desired online

products, and it is also possible to modify the content of the cart here. If Participant would like to delete the products added to the cart, it is possible by clicking on the “X” sign next to the picture of the product. By quitting the cart it is possible for Participant to continue to view and purchase products on the website.

If every desired product has been added the cart, Participant may start the ordering process by clicking on the “Proceed to

checkout” button.

It is possible for Participant to write a comment on the order, which he/she can write in the box provided for this purpose.

After that the Terms and Conditions and the Privacy Policy are accepted by ticking the appropriate boxes.

If Participant would like to order the content of the Cart, after providing the billing details Participant can choose the ideal payment method by ticking the appropriate box.

After that – if Participant finds everything in order – the order is submitted by clicking the “Place order” button.

The information published on the website is not considered as an offer of contract by the Provider. In case of orders covered by these Terms and Conditions, Participant is considered as the tenderer, and the contract is concluded when Provider accepts the offer made by Participant on the website according to the provisions of these Terms and Conditions.

By clicking the “Place order” button, Participant specifically acknowledges that his/her offer has been made, and his/her declaration – in case of Provider’s confirmation according to these Terms and Conditions – entails a payment obligation.

The receipt of the order is confirmed by Provider in the form of an automatic reply. If necessary, Provider’s representative contacts Participant via phone or e-mail.

In all cases, the contract between the parties is concluded when Provider declares that it accepts the order of Participant.

If Participant submits an order on the website, and Provider confirms the order via e-mail (specifically accepts Participant’s offer), the contract about providing the service will be concluded between Participant and Provider.

Participant accepts that a contract concluded in such way is not considered to be concluded in writing, and for that the law of Hungary is applicable. For the contract, the provisions of these Terms and Conditions are applicable.

The contract is concluded in Hungarian, the website stores the order in an electronic form automatically, the contract will not be registered in any other way, thus it will not be retrievable in the future.

After ordering the online training material and completing the payment, Participant can find the material of the training in the “Online training” or My Account/My online trainings menu in his/her account  . The payments will be processed in 1-2 days, depending on the payment method. Before viewing the online training material, Participant is obliged to register on the website.

A minor who is not younger than 14 years and who lacks full legal capacity, may exclusively participate in training courses or online trainings with the consent of his/her legal guardian. Without consent, the contract between the parties is invalid. In case of online courses and training courses, the minor Participant is obliged to send the declaration of consent from his/her guardian to the info@bestlashespro.hu e-mail address after submitting the application by using the form created by Provider. In case of training courses, Participant is obliged to deliver the original copy of the declaration of consent to Provider at the first personal appearance at the training.

The legal guardian of the minor declares by signing the declaration of consent that he/she read, understood, acknowledged and specifically accepts the contents of these Terms and Conditions. The legal guardian accepts by signing the declaration of consent, being aware of his/her criminal responsibility, that he/she has the right to practice legal guardianship on the minor Participant and sign the declaration of consent. If multiple persons have the right of legal guardianship on the minor Participant at the same time, upon signing the declaration of consent the consent of the other guardian has to be presumed by the person who signs the form, declaring that the other legal guardian also consents to the minor’s participation in the training. The parties exclude Provider’s responsibility regarding this.

 7. CUSTOMER SERVICE:

Provider answers Participants’ questions concerning the trainings on weekdays between 9 AM and 5 PM via phone or e-mail, on the +36 70 773 1689 phone number or the info@bestlashespro.hu e-mail address.

8. OBLIGATIONS OF THE PARTICIPANT:

Participant undertakes to take part in the training to which he/she applied, and pay the training fee to Provider.

Participant shall take responsibility to not behave in a way that causes harm or damage to the other participants of the training and to Provider’s rights or legal interest. Participant is responsible for any damage caused according to the regulations of the civil code.

Provider has the right to forbid Participant from taking part in the training in the future, if Participant endangers other participants or the instructor of the training, or disrupts the training with his/her behaviour and therefore prevents the completion of the training according to the contract.

Provider has the right to modify the location, time and syllabus of the training. If Participant does not accept the modification or one of the modifications, it may result in the termination of the contract concluded according to these Terms and Conditions.

By accepting these Terms and Conditions, Participant declares that the data provided during the application process is accurate. Participant is obliged to immediately notify Provider of any changes to his/her data during the training.

9. OBLIGATIONS OF THE PROVIDER:

Provider undertakes to organize and implement the training according to the contents of these Terms and Conditions.

According to the provisions of Act LXXVII of 2013 on adult education, Provider has to fulfil its obligation of data disclosure   and to disclose data for statistical purposes through the data disclosure system of adult education.

10. PARTICIPATION FEE:

Participant is obliged to pay a fee for using the service and for the online training material. The participation fee is included in the information about the training and on the website. The displayed fees are valid consumer fees, the currency of which is Hungarian Forint and which contain the value added tax as well.

After the confirmation sent by Provider, the due amount of participation fee will not change. However, it may happen that an inaccurate price, that significantly differs from the market price, is shown in the information or on the website because of a technical problem or misspelling. In this case Provider shall contact Participant via e-mail for the purpose of discussion before providing the service ordered. Provider does not consider such applications to be valid, and Provider accepts no responsibility for any damage caused by this. Provider does everything necessary in order to display the participation fees correctly. If an incorrect price is displayed despite these efforts, Provider is not obliged to provide the service on the incorrect price.

11. POSSIBILITY TO CORRECT DATA ENTRY ERRORS:

During the application process, it is continuously possible for Participant to correct or delete the entered data.

If Participant would like to modify the entered data after the application has been sent, he/she can inform Provider of this using Provider’s contact information provided in these Terms and Conditions.

By finalizing the application, Participant acknowledges that Provider is not responsible for any damage caused by the Participant’s data entry errors or inaccurately entered data.

Incorrectly entered e-mail address in the application or the fullness of the inbox of the account may cause a lack of confirmation, which may prevent the conclusion of the contract. In these cases, Provider will try to contact Participant in another way.

12. PAYMENT AND REIMBURSEMENT CONDITIONS:

Participant pays the deposit and the price of online material via bank transfer (in advance) or credit card (OTP Simple Pay) to Provider. It is a condition of taking part in the training that the deposit has already arrived to Provider’s bank account. In case of purchasing online training material, the training material will be available to Participant after the payment has been completed.

Payment via bank transfer: Participant transfers the deposit or the price of the online training material to Provider’s bank account. After the amount arrives to Provider’s bank account, Participant will be entitled to attend the training or view the online training.

Payment via credit card: Payment of the deposit or the fee is possible with a valid credit card by using the SimplePay (OTP Bank) system. By clicking the “Place order” button, the system redirects to the OTP SimplePay payment site. After that, the provisions of the Terms and Conditions of SimplePay apply. Payment can be done with the credit card types shown on the website of SimplePay, through the OTP online card-accepting terminal (VPOS) (SimplePay). Here, it is required to enter the name on the credit card and the number, expiry date and validation code (CVC2 or CVV2) of the credit card. After entering the credit card details, Participant starts the transaction by clicking the “Pay” button. OTP SimplePay sends an e-mail confirmation about the successful payment.

Provider accepts no responsibility for any errors that occur during the credit card payment. It is Participant’s responsibility at the payment that he/she is entitled to use the particular payment method and tool, and that the entered payment information is correct and accurate.

After completion of the payment, the system directs back to Provider’s website, where the following data is displayed: SimplePay reference number, identification and the time of submitting the order.

Fulfilling its legal responsibility, Provider informs Participant that the declaration of entering into contract (submitting an application to the training) entails payment obligation to Provider.

Participant is obliged to pay the rest of the training fee to Provider on the day of the training at the latest.

Participant has the right to cancel his/her attendance to the training course (which results in the immediate termination of the contract) by submitting a unilateral legal declaration to Provider without the obligation of justification.

  • If the cancelation occurs over 7 calendar days before the start date of the training, then Participant is entitled to have the paid deposit credited for another training, or get a store credit in the amount of the deposit that he/she can use in Provider’s webshop or shop, or Provider will transfer the full amount of the deposit back to Participant’s bank account.
  • If the cancelation occurs over 3 calendar days (but less than 7 calendar days) before the start of training, then Participant loses the full amount of the deposit paid previously.

If the cancelation occurs less than 3 calendar days before the training (or in case of failure to cancel), Participant is obliged to pay the full amount of the participation fee to Provider.

If according to Provider’s judgement, a certain Participant’s attendance to the training is particularly disadvantageous for the Participants – his/her behaviour or expressions obstruct the training –, then Provider is entitled to ask him/her to leave. In this case, Provider is not obliged to reimburse the amount of the participation fee.

If Participant does not attend the training, the training is considered to be completed for him/her, the paid amount cannot be used for anything else and it cannot be reimbursed, he/she is obliged to pay the full training fee to Provider. It is an exception if Participant is not able to attend the training because of an illness or accident. However, this has to be proven to Provider in a credible way.

If the completion of the entire service or part of the training is delayed through Provider’s fault or no fault of its own, Provider is not present at the agreed time, is not available, or the training cannot be started or is cancelled through its own fault, Provider is obliged to compensate for the cancellation and complete the cancelled training at a new time.

Participant accepts that he/she receives the invoice of the participation fee exclusively in an electronic way, to the e-mail address provided by him/her. Participant has to make sure that the invoice can be sent electronically and technical settings (e.g. firewalls) allow this. In case of changing the e-mail address, Participant is obliged to inform Provider of this via e-mail.

In case of purchasing an online training: In case of a credit card payment, Participant does not have the right to withdraw, because the training immediately becomes available on Participant’s registration platform in the moment of the transaction. Considering this, Participant has the right to cancel without justification, as Provider is not obliged to reimburse the participation fee to Participant (because the training material has already become available to Participant).

13. TIME OF COMPLETION, USING THE SERVICE:

The time of completion is the time of the training.

Participant acknowledges that Provider accepts the responsibility to provide the undertaken service by adhering to professional and ethical rules, to the best of its knowledge and experience, while keeping the Participant’s interest in mind. Provider accepts no responsibility to reach a result based on the information provided in the training.

Participant acknowledges that it is prohibited to record what is said in the training with any device that can be used to record sound or picture without prior consent from Provider. Participants are entitled to make recordings during the training exclusively with the expressed consent of Provider and the other Participants.

Participant also acknowledges that he/she does not have the right to hand over or forward documents, information or learning material given by Provider during or after the training to a third person, or to multiply or distribute them. The referenced documents are the exclusive intellectual property of Provider (or its partner), any use is possible only with the prior written consent of Provider.

Provider also informs Participant that the provided trainings are considered to be further trainings and entitle to pursue business activities exclusively in case Participant completed the basic education required by the regulations. Persons who have not completed basic education are also entitled to complete the trainings provided by Provider, thus completing basic education is not a requirement for the trainings. Participant’s responsibility is to know, understand and apply the effective regulations. Provider accepts no responsibility for any complaints or mistakes that occur in relation to this.

According to Act LXXVII of 2013 on adult education, the Participant of the training is obliged to provide the data specified in the regulation to Provider, Participant cannot take part in the training without doing so. Participant accepts responsibility that the data provided by him/her is accurate. Provider is not responsible for any inaccurate or incorrect data provided by Participant.

Online trainings provided by Provider are also considered as adult education.

14. DATA PROCESSING NOTICE:

Provider processes personal data exclusively in accordance with the provisions of the effective regulations and strictly adhering to the regulations of the data processing and data protection provisions, taking into account the principles of legality, decent procedure and accountability, purpose limitation, data minimization, accuracy and limited storability.

Provider implements all the necessary technical and organizational measures in order to process the personal data of its partners in a safe way that is required by Regulation (EU) No 679/2016 of the European Parliament and of the Council.

The Data Processing Notice about handling personal data is also available on Provider’s website (https://bestlashespro.hu/adatkezelesi-tajekoztato/) and at its headquarters.

15. RIGHT OF WITHDRAWAL:

In case of contracts concluded out of the business premises and between absent persons, Participant has the right to withdraw in 14 calendar days after the day of concluding the contract concerning the service without justification. Participant may also practice the right of withdrawal in the period between the day of concluding the contract and the start of the completion of the service. In case of a written withdrawal, it is sufficient to send the declaration of withdrawal within 14 calendar days. Participant may practice this right by an obvious statement concerning this, or by using the declaration of withdrawal/termination form found in Appendix 2 of Government Decree 45/2014. (II. 26.) (or hereinafter):

Declaration form for withdrawal

 

To:                               Best Beauty Kft.

Address:                     H-8000 Székesfehérvár, Bátky Zs. utca 4. 9/34.

Undersigned …………………………. declares/declare that I/we practice my/our right to withdraw from/terminate the contract concerning the use of the following service:

Date of contract/date of receipt:

Name of consumer(s):

Address of consumer(s):

Please reimburse the purchase price to the following bank account number (only fill in if you choose the purchase price to be returned via bank transfer):

Signature of consumer(s): (only in case of paper-based forms)

Dated

Participant may send the declaration to Provider via e-mail (info@bestlashespro.hu) or in the form of a letter addressed to its headquarters (Best Beauty Kft. H-8000 Székesfehérvár, Bátky Zs. utca 4. 9/34.). The abovementioned deadline is considered to be completed if Participant notifies Provider of the intention to withdraw 14 days after the conclusion of the contract concerning the service at the latest. The burden of proof in relation to this is the liability of Participant. If Participant withdraws from the contract in such way, Provider reimburses the full amount paid by Participant as the purchase price, including the costs that incurred in relation to the completion immediately, but maximum 14 days after being notified of the withdrawal. Provider reimburses the due amount to Participant with the same payment method that Participant used. Based on the expressed consent of Participant, Provider may use a different method for the reimbursement, but it does not result in any additional costs for Participant.

Participant does not have the abovementioned right of withdrawal regarding the contract related to the use of service (after full completion of the service) and the digital data content provided on an intangible data carrier, if Provider started the fulfilment of the service with the expressed prior consent of Participant, and at the same time as expressing this consent Participant also declared the acceptance of losing the abovementioned right of withdrawal after the start of the service.

Participant understands that by accepting these Terms and Conditions he/she expressively agrees that Provider sends the training material to Participant’s account created on the website after the payment for the price of the provided services has been completed. After the training material has been sent (in case of training courses and online trainings) Participant loses the right of withdrawal detailed in this chapter, which Participant acknowledges by accepting these Terms and Conditions.

Practicing the right of withdrawal from submitted orders is only possible prior to sending the abovementioned information.

16. HANDLING COMPLAINTS ABOUT PROVIDER’S ACTIVITY:

If Participant is not satisfied with the service of Provider or Provider’s procedure, and would like to complain to Provider, he/she may do so orally or in writing: via post (Best Beauty Kft, H-8000 Székesfehérvár, Bátky Zs. utca 4. 9/34.) or e-mail (info@bestlashespro.hu).

All complaints will be investigated by Provider. Provider is obliged to investigate oral complaints immediately, and remedy them if necessary. If Participant does not agree with the handling of the complaint, or it is not possible to investigate the complaint immediately, Provider is obliged to make a record of the complaint and its standpoint without delay, and in case of an oral complaint made in person, give a copy of the record to Participant at the location.

In case of an oral complaint made on the phone or using any other electronic communication service, Provider is obliged to send it to Participant together with the substantive reply in 30 days at the latest, according to regulations concerning the reply given to written complaints.

Provider is obliged to substantively reply to written requests and to take the appropriate measures in 30 days after the receipt, if the applicable legal act of the European Union does not require otherwise. A shorter time limit may be set by a legal act, while a longer period may be set by a legal provision. The purposes for rejecting the complaint must be explained by Provider. Any oral complaints communicated by phone or with the use of electronic communication services must be assigned unique identification numbers by Provider.

The record about the complaint has to include the following:

  • Participant’s name, address,
  • place, time and method of submitting the complaint,
  • a detailed description of Participant’s complaint, any documents presented by Participant, list of documents and other evidence,
  • a statement by Provider on its position regarding Participant’s complaint, in case the immediate investigation of the complaint is possible,
  • the name of the person making the record and the signature of Participant – with the exception of oral complaints communicated by phone or with the use of other electronic communication services,
  • place and date where the record was made,
  • in case of oral complaints made by phone or with the use of electronic communication services, the unique identification number of the complaint.

Provider is obliged to keep the record of the complaint and the copy of the answer for 3 years and present them to the supervising authorities on request.

In case the complaint is rejected, Provider must inform Participant in writing about which authority or conciliation board Participant may turn to for the investigation of his/her complaint – according to the nature of the complaint. Such information shall also include the registered seat, telephone and internet contact and the mailing address of the competent authority and the conciliation board in the place of residence or the place of stay of the Participant. The information shall also include whether Provider uses the procedure of the conciliation board for resolving consumer disputes.

17. CONCILIATION BOARD, CONSUMER PROTECTION:

Provider hereby informs Participants (if Participant is considered as a Consumer) that if Participant does not agree with the answer of Provider, which it gave for the complaint, Participant may turn to the following authorities:

To request the procedure of a conciliation board, Participant may turn to the conciliation board according to the place of residence or the place of stay, alternatively to the conciliation board according to the place of the headquarters of Provider. Instead of the competent body – if requested by Participant – the conciliation board specified by Participant in the request may also be entitled.

Conciliation board according to the place of Provider’s headquarters:

Conciliation Board of Fejér County

Address: H-8000 Székesfehérvár, Hosszúsétatér 4-6.

Phone number: +36 22 510 310

Fax: +36 22 510 312

President: Dr. VÁRI KOVÁCS József

Website: www.bekeltetesfejer.hu

E-mail address: bekeltetes@fmkik.hu; fmkik@fmkik.hu

Contact details of the competent conciliation boards according to regions are available through the following link. 

A conciliation board is an independent body which operates beside the chambers of commerce any industry of the counties and the Budapest Chamber of Commerce and Industry. They were created for the purpose of attempting to resolve disputes between Participant and Provider out of court, primarily to create an agreement between the parties and therefore to help give effect to consumer rights in a simple, fast and effective way.

It is the condition of turning to the conciliation board that Participant attempts to resolve the dispute directly with Provider. The procedure of the conciliation board is free of charge, Participant only has a payment obligation if the board decides against Participant.

The procedure of the conciliation board starts at the request of Participant. Such request should be submitted to the president of the conciliation board in writing: via mail, telegraph, teletypewriter or fax, or any other means may be used that are suitable for storage of the delivered data by the recipient for a period appropriate for the recipient’s purposes, and the display of the data stored in an unchanged form and content.

The request shall contain:

  • Participant’s name, place of residence or place of stay,
  • the name, headquarters or the relevant premises of Provider,
  • the specification of the body requested instead of the competent conciliation board,
  • a brief description of Participant’s position, the supporting facts and evidence thereof,
  • Participant’s statement concerning the fact that Participant directly attempted to settle the dispute with Provider,
  • Participant’s statement concerning the fact that Participant has not initiated similar proceedings at any other conciliation board regarding the same issue, no mediation proceeding has been started, and no application has been issued, or no request for an order for payment has been submitted,
  • the motion for the board’s decision,
  • the signature of Participant.

The request shall be accompanied by the document referenced by Participant as evidence, or a copy thereof (extract), in particular the written statement of the Seller on the rejection of the complaint, or in the absence of such document, other written evidence available to Participant regarding his/her attempt to reach an agreement.

If Participant is acting by proxy, a power of attorney must accompany the request.

In case Participant detects that his/her consumer rights are violated, Participant has the right to submit his/her complaint to the competent consumer protection authority in his/her place of residence. After the investigation of the complaint, the authority makes a decision on conducting the consumer protection process. The district offices competent in the place of residence of Participant are in charge of performing consumer protection processes of first instance; the list of which is available here.

However, the individual case of Participant will be settled by the conciliation board, therefore in this case the consumer protection authority will take the requestor’s case to the conciliation board.

Participant is entitled to assert claims arising out of the consumer dispute in court, in civil proceedings according to the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

18. MISCELLANEOUS AND FINAL PROVISIONS:

If Participant submits an order on the website, it presumes that Participant possesses the technical and legal knowledge concerning electronic commerce. Provider accepts no responsibility for errors arising from the lack of such knowledge or the fault of electronic products or IT or telecommunication providers (such as the internet provider).

The protection of Participant’s computer and the data it contains is the responsibility of Participant.

If there is a binding legal provision or court’s decision that limits or invalidates any provision of these Terms and Conditions, it does not affect the validity of other provisions of the Terms and Conditions.

Any issues not regulated in these Terms and Conditions shall be governed by provisions of Act V of 2013 on the Civil Code and other applicable legislation.

19. APPLICABLE LEGISLATION:

The following regulations particularly apply to the contract between the parties:

  • Act CLV of 1997 on consumer protection;
  • Act CVIII of 2001 on certain issues of electronic commerce services and information society services;
  • Act V of 2013 on the Civil Code;
  • Government Decree 45/2014 (II.26) on the detailed rules governing contracts between consumers and companies;
  • Act LXXVII of 2013 on adult education.

These Terms and Conditions are effective from 28.10.2020 And applicable to contracts concluded after this date.