1. Introductory provisions
1.1. The current Terms and Conditions (hereafter: TC) serve as a standard for the legal relationship between High Class Hungary Kft. (site: 1111 Budapest, Lágymányosi utca 12. fszt. 2.; registration number: 01-09-978372; [email protected]; hereinafter “Merchant”) and the client (hereafter: Client) purchasing the products of the Merchant. The headquarters of the Merchant is their location of their business activities.
1.2. The merchant deals in trading with corsets and other related products as a business organization. The Merchant is the owner of the website www.legalbeauty.at (hereafter: Website). The Merchant conducts their business from outside of a store; their products can only be purchased through distance selling. The list and features of the currently available products, including the features and data that are required to be displayed by law are available on the website. Where the current TC references and guiding materials, the Website is to be included as well.
1.3. The Merchant discloses information about the products they sell primarily on the Website. A code of conduct is not at their disposal.
1.4. In case a legal relationship is created between Client and Merchant through the acceptance of current TC, the parties agree on the following:
- the Merchant sends the purchased product to the Client;
- the Client will pay the Merchant the price that is set forth in the current TC.
1.5. The Client is to be treated as a consumer if they are a natural person who is acting outside of their profession, self-employment or business employment. The current TC serves as a standard for the legal relationship between Merchant and Client. The detailed regulations of contracts between consumer and enterprise can be found in the provisions of 45/2014. (II.26.) (hereafter: Provision) - the current TC contains all the required information that is to be disposed based on said provisions.
1.6. When referring to "contract" in the current TC, the current TC is the contract in reference. The rules of the legal relationship between the Merchant and the Client is defined by the current TC. If the Merchant's offer or a declaration of acceptance is different than those defined in the TC, the declaration of said Merchant will serve as guidance in the matter.
2. Scope and creation of the agreement
2.1. Based on the current Agreement, the Merchant guarantees that they send the product purchased by the Client to the Client; while the Client guarantees to pay the price of said product to the Merchant.
2.2. The agreement between the Parties will always come into effect based on the content of the current TC. If the Merchant has a unique declaration different than that of the current TC, the declaration will serve as guidance in the matter.
2.3. The agreement between the Parties will come into effect when the product is delivered to the Client.
2.4. The Merchant is responsible for informing the Client of any fact or change in circumstance that would hinder their completion of what is stated in the current TC, or, legal or factual reasons would limit them in its completion.
3.1. The Merchant sends the product to the Client if the Client has placed an order in accordance with the current TC. The order will be placed in a manner defined by the Merchant. As a rule of thumb, the product can be ordered on the Website or other online forms dedicated for this purpose. The Merchant will inform Client of other means of ordering, if any.
3.2. Ordering on the Internet can proceed only through the Website or other online forms dedicated for this purpose, in the manner defined by the Merchant. When placing the order, the Client is obliged to provide the data necessary and choose and mark the selected product.
3.3. The Merchant may temporarily limit or halt the availability of certain ordering methods. The Merchant is not responsible for the mistakes of the transferring service or the data transfer itself. If the Merchant does not verify the reception of the order, they may not have received it.
3.4. The Merchant sends a receipt of the order in each case. This receipt contains the terms of agreement and informs the Client of a tentative date for shipping. The receipt will be sent through e-mail for clients that have an email address within 48 hours of placing the order. In all other cases, the receipt will be sent through mail. The Client may enquire about their order. The Merchant will inform the Client if their order has been received and when it will be completed.
3.5. The Merchant has the right to refuse the order if they don't have the product in stock and the time of availability for the product is uncertain.
4.1. The Merchant delivers the product in each case through postal service or courier to the address that was specified in the order. The product must be received personally by the Client or the person who was authorized by the Client. If the product cannot be delivered, the courier leaves a note for the Client where they state the date and approximate time of their next attempt.
4.2. If the Client refuses to receive the product, the order must be considered void. In the case of an unsuccessful delivery, the Merchant looks into the reasons for it, contacts the Client and, if asked, attempts to deliver the package again.
4.3. The deadline for delivery depends on the availability of the product. The approximate shipping date within Hungary is 2 to 8 business days; outside of Hungary it's 2 weeks. If the shipping date - due to the temporary shortage of the product - cannot be foreseen, the Merchant informs the Client. Delivery is taken from the inventory at all times, sequentially by the dates of the orders.
4.4. The Merchant maintains no showrooms or places of trading. There is no option for buying and receiving the products in person.
4.5. The shipping costs are paid by the Client. The shipping costs are to be paid together with the product's price.
5.1. The price of the product is specified by the Merchant in the materials showcasing said product. The prices are VAT included at all times. The prices do not include the shipping costs. The Merchant will inform the Client, in advance, about the costs of the shipping.
5.2. The Merchant specifies the available means of payment on the Website. The Merchant has the right to stop offering certain means of payment. The Merchant sends an electronic mail with the invoice included for the Client. The Merchant's invoice system is in accordance with the governing laws, the bill must be considered authentic in electronic for as well.
5.3 The Client can select from the above means of payment during the purchase:
- PayPal – Online Payment:
Use your credit card, you can pay with a PayPal account, or without even a registration.
6. Right to withdraw
6.1. In accordance with the Provision, the Client has the right to withdraw from the agreement without justification.
6.2. The Client can assert their right to withdraw from a purchasing agreement within fourteen days in the following cases:
- from the date of receiving the product
- in the case of multiple products, if these were delivered on separate dates, from the date of the last received product
- in the case of products consisting of multiple parts or items, the date of delivery of the last part or item
- if the product is to be serviced in a period of time regularly, the first date of servicing specified by the consumer or a third party designated by the consumer and other than the shipping party.
6.3. The Client can assert their rights to withdraw before receiving the product, too.
6.4. If the Client asserts their right to withdraw, they are required to send their unequivocal statement to the Merchant. The Client can assert their right to withdraw using this form. The Client is within the deadline for withdrawal if they send their statement of withdrawal for the Merchant within the above stated deadline. The Merchant will acknowledge the receipt of said statement in each case.
6.5. In the case of written withdrawal, it is to be considered within the deadline if the Client sends their statement regarding this within fourteen calendar days (even on the 14th day). When sent through mail, the date of the mailing serves as guidance; when sent electronically, the sending date of the email will be considered. The Merchant suggest that if the Client mails their statement, they should do so by sending it as a certified e-mail, so there would be proof of the date and the fact of the submission.
6.6. It is the responsibility of the client to prove that they practiced their rights to withdraw in accordance with the Provision and the current TC.
6.7. In case of withdrawal, the Client is obliged to return the product immediately to the Merchant, 14 days latest from their declaration of withdrawal. The deadline is to be considered met when the client returns it (mails it submits it to a courier of their choice) to the Merchant.
6.8. The Client is the party that bears the costs of returning the product. The Merchant will not accept a package sent by C.O.D. There are no additional costs for the Client.
6.9. When the Client withdraws from the contract, the Merchant will immediately, but at latest within fourteen days of receiving the statement of withdrawal, redeems all the Client's consideration, including the shipping costs, except those that arouse due to the fact that the Client chose a different means of delivery than the cheaper one offered by the Merchant. The Merchant has the right to withhold the reimbursement until they have received the package or the Client can verify that they have already sent it back: the Merchant will consider the earlier date from these two cases.
6.10. During the refund, the Merchant will use the same payment method as the payment method used in the original transaction, unless the Customer expressly consents to the use of another payment method; due to the application of this refund method, the Client shall not be charged any additional costs.
6.11. The Client is responsible for the demise of the product's value only if it was caused by different usage than justified by the products qualities and characteristics. The Merchant may demand that the Client redeems the costs of the usage different than justified by the products qualities and characteristics.
6.12. The Provision 29. § paragraph (1) states that the consumer cannot assert their right to withdraw when the packaging of the product won't allow return sending due to health risks or hygienic reasons. If the consumer orders a product that needs to be worn in contact with their skin, or one that is classified as underwear, their right to withdraw is valid only if the packaging is sealed an intact. This right of theirs cannot be asserted following the unpacking of the product.
7.1. By accepting the current TC and creating the agreement, the Client agrees that the Merchant process their personal data. The processing of personal data is done by following the data processing regulations. The data processing regulations are part of the current TC as far as information on processing private data and permissions.
7.2. The main information about data processing:
- Data processor: the Merchant.
- Legal basis for data processing: the legal basis is the permission of the concerned where they express their permission by providing their data for the Data processor. If they order a product, the legal basis of data processing is the warranty provisions of the Civil code, the law of taxation and the law of accounting.
- Goal of the data processing: to validate the claims of shipping, invoicing, payment and other request in connection with the product. If the concerned party gives permission, it also allows for advertisements.
- Data transfer: date is transferred by the Data processor only if the concerned party gave express permissions or there is a legal basis for transferring data.
- Timeframe for processing data: the concerned party may request the deletion of their personal data at any time, except those that the law allows for processing. If the concerned party is ordering the product and settles a payment, the invoices are to be kept for eight years in accordance with the laws of accounting.
- The rights of the concerned party: the concerned party has the right to ask for information about the processing of their data, can ask for correction in the data that contains mistakes, or the deletion of their data. Their request will be met within the time period defined by law or inform the concerned party about the reason and legal basis of denying their request.
- Data processing: Data processors are entitled to request the aid of third parties; furthermore, they may entrust data processors within certain procedures if they secured the data on an appropriate level.
8. Assertion of rights
8.1. The Client may inform the Merchant about their complaints about the Merchant or the product. The customer service is operated by the Merchant at the availabilities listed in section 1.1. When relaying the complaints in person (orally), the Merchant will investigate it immediately and remedies it if the nature of the complaint allows it. If the Client disagrees with how their complaint has been handled, or the immediate investigation into their complaints is not possible, the Merchant will take minutes of the proceedings and sends a copy to the Client at latest at the date stated in the section about written complaints together with a meritorious answer and proceeds according to the statements in the previously mentioned section.
8.2. The complaint is to be investigated by the Merchant within the shortest possible time and the Client will be informed of the results. The Merchant is required to investigate the written complaints within 30 days of receiving them and provided a merituos answer. If the complaints are rejected by the Merchant, a justification will be provided in each case.
8.3. The minutes of the complaint and a copy will be stored by the Merchant for five years.
8.4. If the complaints are not remedied by the Merchant, and the dispute between Merchant and Client is not resolved, the Client may assert their rights in the following means.
8.5. The Client may turn to the consumer protection authorities of their place of residence. After processing the claims, the authorities will decide how the procedures continue.
8.6. The Client may initiate a procedure with the arbitration board in charge of their permanent and temporary place of residence or the one that operates at the headquarters of the Merchant in connection with the quality, safety and liability of the product, and the conclusion and execution of the agreement outside of the courts to resolve the matters peacefully. The rules concerning the arbitration board defines as consumer, based on a separate law, all NGOs, churches, condominiums, housing cooperatives, micro- mid- and small enterprises who buy, order, receives, uses, employs goods or the addressee of communiciation or offer in connection with a product.
Availabilities of the Budapesti Békéltető Testület (Budapest Arbitration Board)
- Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
- Mailing address: 1253 Budapest, Pf.: 10.
- E-mail address: [email protected]
- Central phone number: +36 1 488 2131
- Fax: +36 1 488 2186
The Merchant makes the contact information of the arbitration board available on the Website. The Merchant is required to participate in the procedures of the arbitration processes.
Online sales contract that reach across country borders that are in dispute can be dealt with online, electronically by submitting their complaints on the following link: https://webgate.acceptance.ec.europa.eu/odr/main/?event=main.home.show Following a registration procedure, the Clilent can fill out a claim and submit it online. In Hungary, the authority in charge of online sales or service contract disputes that reach across country borders is the Budapesti Békéltető Testület.
8.8 The Merchant implements repairs or exchanges solely in the cases that fall under the purview of warranty. The Merchant will not implement repairs or exchange of the product if the specific fault is due to the Client's behavior, misuse or mishandling of the product, or a natural result of wear during normal use (expansion, aging, scratching or fluff)
- Rough, careless handling resulting in damage (breaking, tearing)
- Strong chemicals (perfume, hair-spray, soap, other cosmetics) that result in deformation on the surface (losing color, attack)
- Strong sunlight, contact with direct heat causing decolorization
- Breaking or expansion due to putting overly excessive strain on the product
8.7. The Client has the rights to assert their claims from such consumer legal dispute in court.
9. Other provisions
9.1. The warranty of the product and accessories are covered in Attachment 1 of the current TC.
9.2. In order to comply with current TC, the Parties are to be mutually cooperative. All pertinent facts that relate to the compliance with the TC are to be shared. The Merchant can be reached through the means listed on the Website. The Merchant uses the data shared by the Client to contact said Client.
9.3. The Merchant has the right to modify current TC. The Merchant publishes the changes on the Website, at latest 15 days before the modifications come into effect. In case the modifications are disadvantageous to the Client, the orders placed before the modification will still be governed by the TC in effect before said modifications.
9.4. All issues not covered above are to be resolved in accordance with the Hungarian laws, primarily with those of the Civil Code.