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General contractual conditions

1. Basic data.
2. Scope and amendability of the GTC.
3. General provisions.
4. Essential characteristics of the subject of the contract.
5. Procedure for requesting tenders.
5.1. Prices.
5.2. Procedure in case of incorrect price.
5.3. Processing of incoming messages and requests for proposals.
5.4. Confirmation.
6. Description of the possibilities for complaint handling.
6.1.Consumer protection authority.
6.2.Conciliation Board.
6.3.Court proceedings.
6.4. Online dispute resolution platform.
7. Other provisions.
8. SPECIAL PROVISIONS.
8.1. Creation and scope of the contract.
8.2 Rights and obligations of the parties.
8.3 Termination of the contract.

1. Basic data

1. The contract concluded on the basis of this document will not be filed, will be concluded in electronic form only, will not be a written contract, will be written in Hungarian, will not refer to a code of conduct. Details of the company operating the website:


Operator: Fun-Fox Ltd

Delegated: Zsolt Cseh

Seat: 8227 Felsőörs, Király u. 3

Location: 1068 Budapest Benczúr utca 5.

Tax number: 11524276-2-19

Email: info@gmmakeup.hu

Telephone: +36 70 7982158
Website: gmmakeup.hu

Complaint handling address: 8227 Felsőörs, Király u. 3

Complaints handling telephone number: +36 70 3843150

Complaint handling e-mail address: info@gmmakeup.hu

Web hosting provider details:

Name: Tárhelypark Kft
Title: 1122 Budapest, Gaál József út 24.      
Tax number: 23289903-2-43 Telephone: +36 1 707 6726
E-mail address: info;tarhelypark.huWeb: +36 1 700 4140

https://tarhelypark.hu

Payment by card:Online credit card payments are made through the Barion system. Credit card details are not passed to the merchant. The service provider Barion Payment Zrt. is an institution supervised by the National Bank of Hungary, licence number H-EN-I-1064/2013.

web address: https://www.barion.com/hu

2. Scope and amendability of the GTC

1.These GTCs define the rights and obligations of the parties and the circumstances related to the use of the website and all contractual relations within the scope of the Service Provider's other services.

2. These GTC apply to all Users. The provisions of these GTC shall be binding upon and shall inure to the benefit of the Service Provider and the Users, their representatives, successors or assigns.

3. Issues not regulated in these Rules and the interpretation of these Rules shall be governed by Hungarian law, in particular with regard to the relevant provisions of Act V of 2013 on the Civil Code ("Civil Code") and Act CVIII of 2001 on certain issues of electronic commerce services and information society services (Act on Electronic Commerce). The binding provisions of the relevant legislation shall apply to the parties without any specific stipulation.

4. These GTC shall be effective from 01 May 2018 and shall remain in force until revoked. The GTC shall also apply to service relationships entered into prior to its entry into force, provided that Users accept the provisions of these GTC at the time of ordering or renewing the services.

5. The Service Provider shall be entitled to unilaterally amend the GTC by prior notification of the Users affected by the amendment. The Service Provider shall publish the amendments on its websites 11 (eleven) days before they enter into force. The amended GTC shall become effective for Customers who are new users of the Service on the date of its publication. By ordering the Service, Users accept the provisions of these GTC, even if they have not concluded a contract with the Service Provider.

6. The User, when accessing the website operated by the Service Provider or reading its content in any way, even if he/she is not a registered user of the website, acknowledges that he/she is bound by the provisions of the Regulations. If the User does not accept the Terms and Conditions, he/she is not entitled to view the content of the website.
 

3. General provisions

1. The Service Provider reserves all rights in relation to the website, any part of the website and the content displayed on it, as well as the distribution of the website.

2. You may not download, electronically store, process or sell the content of the website or any part thereof without the written consent of the Service Provider. Even with written consent, any material from the website and its database may only be reproduced by reference to the website in question.

3. In view of the fact that the content of the websites may be modified independently of the Service Provider - unless otherwise provided by applicable laws - the Service Provider shall not be liable for the accuracy and reliability of the content of the websites.

4. The Service Provider shall not be liable for content created or published by third parties, uploaded to the Service Provider's system by third parties or referred to on the websites.

5. Furthermore, the Service Provider shall not be liable for websites to which links, etc. placed by Users point. In the event of any problems arising in connection with the links posted in this way, the Service Provider excludes its liability in all respects and shall be fully liable for the ongoing service fee.

6. The Service Provider reserves the right to modify the content of the websites at any time or to terminate their accessibility, subject to the provisions of these GTC. The Service Provider does not guarantee that access to the Websites will be uninterrupted. The Service Provider excludes any liability for damages resulting from access errors beyond the Service Provider's control, for any malfunctions exceeding the Service Provider's annual availability commitment of 99.9%.
 

4. Essential characteristics of the subject of the contract

1. The products and service packages on the gmmakeup.hu website are the subject of a contract between the seller and the buyers. The specific characteristics of the products and services on the website can be found on the product page or in the prices and services menu. The images shown are illustrations, so the actual appearance and packaging of the products and services may not always correspond to reality. The purchase price next to the product or service is expressed in HUF and in all cases it is indicated whether the price is net or includes VAT.
2. The language of the contract is Hungarian.

5. Procedure for requesting tenders

1. The prices of the products and services on this website are for information only! You can request a quotation by using the forms in the menus. After filling in and sending the form, our customer service will answer your questions within 24-48 hours. If your request for a quotation proves to be irrelevant, your data will be deleted from the website system after 14 days (plus 2 working days)!
 

5.1.

1. The prices of the products and services on this website are for information only!
The exact price will be determined after a quotation has been requested. The quotation is valid for 14 days! Prices shown on the website do not include shipping, installation or packaging costs. These costs, if any, are included in our quotation.
 

5.2. PROCEDURE IN CASE OF INCORRECT PRICE

1. Despite our best efforts, it is possible that a product or service is listed on the website at an incorrect price. In all cases, the quoted price is the correct one!
 

5.3. PROCESSING OF INCOMING MESSAGES AND REQUESTS FOR PROPOSALS

1. Incoming messages and offer requests are processed 24 - 48 hours on working days.
 

5.4. CONFIRMATION

1. We will send you an e-mail response to all incoming messages and requests for a quote. This means that after sending your message or request for a quote, you will receive an automatic email confirming its receipt. Each automatically sent email will contain an identification number that you can use to make an enquiry.

2. If you want to make an appointment by phone, call the contact number on the website or any of the phone numbers in the email.
 

6. Description of complaint handling options

1. You may submit a complaint about the website's activities or the products sold by the website to the website operator by e-mail or by post. If the website also has a shop, we may also communicate your complaint to the seller in person. The seller is obliged to reply to the complaint received by e-mail or post in writing and to send it to the customer within 25 days.

2. If the seller does not consider the complaint made by the buyer to be justified, the seller must justify it and send it to the buyer in writing, and must inform the buyer in writing of the complaint and the complaint handling options available to him/her. The seller must provide the seat, telephone, internet and postal address of the competent conciliation body in the place where the consumer resides or is staying.

3. The seller shall keep the record of the complaint and a copy of the reply for five years.

4. Due to the nature of his/her complaint, the Consumer may report his/her complaints about the Service Provider's activities to the following contact details.

5. The User may report complaints about the Service Provider's activities to the following contact details:
 

Postal address: 8227 Felsőörs, Király u. 3
Phone number: +36 70 3843150

Email address: info@gmmakeup.hu 

National Authority for Data Protection and Freedom of Information
 

1125 Budapest, Szilágyi Erzsébet fasor 22/C.
Postal address: 1530 Budapest, P.O. Box 5.
Phone: +36 -1-391-1400
Fax: +36-1-391-1410
E-mail: ugyfelszolgalat@naih.hu

6.1.CONSUMER PROTECTION AUTHORITY

1. Consumers should report their consumer protection complaints to the consumer protection staff of the nearest competent district office to their place of residence. Once the complaint has been dealt with, official proceedings will be initiated if necessary.

2. The tasks of the second-level authority, previously performed by the National Office for the Protection of the Environment, were transferred to the Pest County Government Office with national jurisdiction. The list of district offices is available at the following link: http://jarasinfo.gov.hu/
 

6.2.CONCILIATION BODY

1. If we reject your consumer complaint, you have the right to lodge a consumer complaint with the competent Conciliation Board in your place of residence or domicile. The conciliation body will proceed at the request of the consumer.

2. The consumer's recourse to a consumer conciliation body is conditional on the consumer attempting to settle the dispute directly with the business. Direct dispute resolution can be done in person at the service provider's customer service, by telephone or by e-mail.

3. An additional requirement is that the request for a panel proceeding, which must be submitted to the chairperson of the panel, must include the following:

  • the consumer's name, place of residence and domicile;
  • the name and address of the business with which the consumer has a dispute;
  • if the consumer wishes to apply to the body whose jurisdiction is the place of performance of the contract, the consumer must indicate the place of performance of the contract;
  • the consumer's position on the dispute and the facts and evidence supporting his/her position;
  • a statement from the consumer confirming that he has tried to settle the dispute directly with the business;
  • the consumer must also declare that he or she has not brought the dispute before another conciliation body, mediation or civil proceedings;
  • should state what you are asking for and what decision you expect the body to take.
  • finally, the application must be signed by the consumer.

4. In addition, the request must be accompanied by all documents to which the consumer
and documents proving that the consumer tried to settle the dispute with the business but was unsuccessful.

5. We inform you that our company has a duty to cooperate in the conciliation procedure.
 

Contact details of the Conciliation Board:
 

6.3. COURT PROCEEDINGS

1. If the consumer does not apply to a conciliation body or if the procedure has not been successful, the consumer has the right to take the matter to court to have the dispute resolved.

2. The action must be brought by means of a statement of claim containing the following information:

  • the competent court;
  • the names of the parties and their representatives, their place of residence and their status in the proceedings;
  • the right asserted, stating the facts on which it is based and the evidence in support of those facts;
  • the data from which the jurisdiction and competence of the court can be established;
    a request for a definitive ruling from the court (application for a declaratory ruling).

3. The application must be accompanied by the document or a copy of the document whose contents are relied on as evidence.
 

6.4. ONLINE DISPUTE RESOLUTION PLATFORM

1. The European Commission has set up a website where consumers can register to resolve their online shopping disputes by filling in an application form, avoiding the need to go to court. This will allow consumers to enforce their rights without, for example, being prevented by distance.

2. Hungary is also obliged to operate an online dispute resolution contact point, where at least two advisers are available to assist disputing parties if they have questions about the procedure. In Hungary, this task is performed by the Budapest Conciliation Board.

3. The online dispute resolution platform is available at the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

7. Other provisions

1. The Service Provider is entitled to use an intermediary to fulfil its obligations. The Service Provider shall be fully liable for any unlawful conduct of the service provider, as if the unlawful conduct had been committed by the service provider himself.

2. If any part of these GTC becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining parts shall not be affected.

3. If the Service Provider fails to exercise a right under the GTC, the failure to exercise the right shall not be deemed a waiver of that right. A waiver of any right shall be valid only if expressly stated in writing. The fact that the Service Provider does not strictly adhere to a material term or condition of the GTC on one occasion does not imply that the Service Provider waives its right to insist on strict adherence to that term or condition in the future.

4. The Service Provider and the User shall try to settle their disputes amicably.
 

8. SPECIFIC PROVISIONS

8.1. CREATION AND SCOPE OF THE CONTRACT

1. The User enters into a contract entitling him/her to use the Service Provider's services by filling in the electronic registration form. The contract shall be concluded from the date on which the User completes the electronic registration form and accepts the provisions of the GTC and the Service Provider activates the service.

2. The Service Provider sends an e-mail to the User on the activation of the services, i.e. on the conclusion of the Contract, containing the authentication link.

3. The User acknowledges that if he/she has provided false data in the electronic registration form or has not provided his/her own data, the Contract shall be invalid.

4. In the event of invalidity, the User shall pay the Service Provider for the services used and the Service Provider shall not refund the amount already paid.

8.2. RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The Service Provider undertakes to provide the User with its Services on a continuous basis, provided that the User fulfils the conditions for the use of the Services in accordance with the provisions of these GTC.

2. In the case of services subject to a fee, the fee must be received by the Service Provider in order to activate the services.

3. The payment of the fee is deemed to be complete when it is credited in full to the Service Provider's bank account. A further condition for the payment to be deemed to have been made is that the fee payer must be the same as the customer on the Service Provider's account.
 

8.3. TERMINATION OF THE CONTRACT

1. The Service Contract shall be terminated in accordance with the provisions of the Hungarian Civil Code.

2. A single breach of the obligations under the contract shall also constitute a serious breach of contract. This in itself justifies immediate termination of the contract by means of a reasoned written (electronic) declaration to the other party.

3. The contracting parties shall settle their accounts upon termination of the Service Agreement, and the Service Provider shall simultaneously delete from its system all data concerning the User and all data concerning the User accessible to anyone on the website, in compliance with the provisions of data protection.