Terms Of Business

system_check

1. Introductory provisions

1.1. These General Terms and Conditions (hereinafter: GTC) govern the legal relationship between a Legal Beauty Kft. (registered office: 1111 Budapest, Lágymányosi utca 12. fszt. 2.; company registration number: 01-09-978372; tax number: 23798896-2-43; e-mail: [email protected]; telephone number: +36 20 993 1558; hereinafter referred to in this information as: Merchant) and the customer purchasing the Merchant's product (hereinafter referred to as: Customer). The Merchant's registered office is the place of business.

1.2. The Merchant is a business entity engaged in the trade of corsets and other related products. The Merchant is the owner of the website available at www.legalbeauty.at (hereinafter: Website). The Merchant conducts its commercial activities outside the store, its products can only be purchased through distance selling. The list of currently available products and their main characteristics, including the characteristics and data that are mandatory to be disclosed under the law, are available on the Website. Wherever the current GTC mention information material, the Website is also to be included. The Merchant conducts retail activities (sales) on the Website for retail customers.

1.3. The Merchant provides information about the characteristics of the products it sells primarily on the Website. There is no code of conduct available.

1.4. If the legal relationship between the Customer and the Merchant is established by accepting these GTC, the parties agree as follows:

  • The Merchant shall deliver the purchased product to the Customer;
  • The Customer shall pay the purchase price to the Merchant as specified in these GTC.

1.5. If the Customer is a natural person acting outside the scope of his profession, independent occupation or business activity, he shall be considered a consumer. These GTC shall govern the legal relationship between the Merchant and the consumer. Act 45/2014 on the detailed rules of contracts between consumers and businesses. (II.26.) Government Decree (hereinafter: Decree) contains the information elements that must be provided to the consumer.

1.6. Whenever these GTC refer to “contract”, these GTC shall be understood. The rules of the legal relationship between the parties are determined by these GTC. If the Merchant’s offer or the Merchant’s acceptance statement deviates from the provisions of these GTC, the Merchant’s statement shall prevail.

2. Subject and Formation of the Contract

2.1. Based on this Contract, the Merchant undertakes to send the product purchased by the Customer to the Customer, and the Customer undertakes to pay the purchase price to the Merchant.

2.2. The contract between the Parties is always concluded with the content according to these GTC. If any individual statement of the Merchant deviates from these GTC, the individual statement shall prevail.

2.3. The contract between the Parties is concluded - i.e. the offer made by the Customer becomes accepted by the Merchant - when the Customer receives confirmation of the acceptance of the order from the Merchant via e-mail ("Purchase confirmed, invoice completed" or "Successful payment, invoice completed" subject message).

2.4. The Merchant undertakes to immediately inform the Customer of any facts or circumstances that would prevent the fulfillment of these GTC or that would restrict the fulfillment of these GTC for legal or factual reasons.

3. Ordering

3.1. The Merchant will send the product to the Customer if the Customer places an order in accordance with these GTC. The order may be made in the manner specified by the Merchant. As a general rule, the products can be ordered on the Website or through another online interface for ordering. The Merchant will provide information about other ordering methods.

3.2. Online ordering may only be done on the Website or through another online interface for ordering, in the manner specified by the Merchant. When ordering, the Customer is required to provide the requested data, and the order is also subject to the designation of the product.

3.3. The Merchant may temporarily limit or suspend the availability of certain ordering methods. The Merchant is not responsible for errors in the service provider or data transmission channel that transmits the order. If the Merchant does not confirm the order, it may not have been received.

3.4. The Merchant confirms the order in all cases. The confirmation contains the terms and conditions of the contract and informs the Customer about the expected delivery date. For customers with an e-mail address, the order is confirmed by e-mail within 48 hours of receipt of the order. Otherwise, the confirmation is sent by post. The Customer may inquire about their orders. The Merchant will inform the Customer whether the Merchant has received their order and when it is expected to be fulfilled.

3.5. The Merchant is entitled to refuse the order if the product is not in stock and the availability date is uncertain.

4. Delivery

4.1. The ordered product is always delivered by the Merchant to the address specified in the order via a postal service or courier service. The product is received in person, and the Customer or his/her authorized representative is entitled to receive it. If the delivery fails, the delivery service provider will leave a notice to the Customer, indicating the method and expected time of repeated delivery.

4.2. If the Customer refuses to receive the product, the order shall be considered cancelled. In the event of unsuccessful delivery, the Merchant will identify the reason for the unsuccessful delivery, contact the Customer, and re-deliver the package upon request.

4.3. The delivery deadline depends on the availability of the product. The expected delivery time is 2-8 working days. If the delivery time is not foreseeable due to a temporary shortage of the product, the Merchant will inform the Customer. Delivery is always made from stock, in the order of orders.

4.4. The Merchant does not maintain a sample store or sales point. It is not possible to collect the products in person.

4.5. The Customer shall bear the delivery cost. The delivery cost shall be paid together with the purchase price of the delivered product.

5. Payment

5.1. The Merchant indicates the purchase price of the product in the materials presenting the products. The prices indicated always include the amount of VAT. The prices indicated do not include the shipping costs. The Merchant always provides the Customer with advance information about the shipping costs.

5.2. The Merchant specifies the available payment methods on the Website. The Merchant is entitled to remove the availability of certain payment methods. The Merchant sends the invoice to the Customer by e-mail. The Merchant's invoicing system complies with the applicable laws, and the invoice is also authentic electronically.

5.3 The Customer can choose from the following payment methods during the purchase:

  • PayPal - Online payment:
    Use your bank card, you can pay with a PayPal account or without registration.

6. Right of withdrawal

6.1. The Customer is entitled to withdraw from the contract without giving any reason under the Decree.

6.2. The Customer may exercise his right of withdrawal in the case of a contract for the sale of a product

  • in the case of a sale of several products, if the individual products are provided at different times, the last product provided,
  • in the case of a product consisting of several items or pieces, the last item or piece provided,
  • if the product is to be provided regularly within a specified period, the first service, within fourteen days from the date of receipt by the consumer or a third party indicated by the consumer, other than the carrier.

6.3. The Customer may also exercise his right of withdrawal before receiving the product.

6.4. If the Customer exercises his right of withdrawal, he must send a clear statement to the Merchant. The Customer may exercise his right of withdrawal by filling out the form available here. The Customer exercises his right of withdrawal within the deadline if he sends his declaration of withdrawal to the Merchant before the expiry of the deadline specified above. The Merchant will always confirm receipt of the declaration.

6.5. In the case of online withdrawal, it shall be deemed to have been validated within the deadline if the Customer sends his declaration to the Merchant within 14 calendar days (even on the 14th calendar day).

6.6. The Customer is responsible for proving that they exercised their right of withdrawal in accordance with the Regulation and these GTC.

6.7. In the event of withdrawal, the Customer is obliged to return the ordered product to the Merchant without delay, but must return it no later than 14 days after the notification of their declaration of withdrawal. The deadline is deemed to have been met if the Customer sends the product (sends it by post or hands it over to the courier ordered by him/her) before the expiry of the 14-day deadline.

6.8. The cost of returning the product is borne by the Customer. The Merchant will not accept the package sent by cash on delivery. Apart from the cost of returning the product, the Customer is not charged any other costs in connection with the withdrawal.

6.9. If the Customer withdraws from the contract, the Merchant shall immediately, but no later than 14 days from the date of receipt of the Customer's declaration of withdrawal, reimburse all payments made by the Customer, including delivery costs, with the exception of additional costs incurred as a result of the Customer choosing a method of transport other than the cheapest standard method of transport offered by the Merchant. The Merchant shall be entitled to withhold the reimbursement until it has received the product back or the Customer has provided credible evidence that they have returned it: the Merchant shall take into account whichever is the earliest event.

6.10. During the reimbursement, the Merchant shall 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; The Customer shall not incur any additional costs as a result of the use of this refund method.

6.11. The Customer shall only be liable for any depreciation in the value of the product if it has occurred due to use exceeding the use necessary to establish the nature and properties of the product. The Merchant may demand compensation for depreciation resulting from use exceeding the use necessary to establish the nature, properties and operation of the product.

6.12. According to Section 29(1) of the Decree, the consumer may not exercise their right of withdrawal in respect of a product in sealed packaging that cannot be returned after being opened post-delivery for health or hygiene reasons. If the consumer orders a product that is typically worn directly on the skin and qualifies as underwear, they may exercise their right of withdrawal only in the case of an unopened packaging. The right of withdrawal cannot be exercised after the packaging has been opened.

7. Data management

7.1. By accepting these GTC and concluding the contract, the Customer consents to the Merchant processing personal data. The processing of personal data is governed by the data management information. The data management information forms part of these GTC in terms of information on the processing of personal data and consent.

7.2. Main information related to data management:

  • Person of the data handling: The Data Handler is the Merchant.
  • Legal basis for data management: The legal basis for data management is the consent of the data subject, which they give by providing their data to the Data Handlers. If the subject of the data orders a product, the legal basis for data processing is the warranty provision of the Civil Code, as well as the Taxation Act and the Accounting Act.
  • Purpose of data processing: Delivery of the product ordered by the data subject, invoicing, payment, and enforcement of claims related to the product. If the data subject consents to this, the purpose of data processing is to carry out advertising activities for the data subject.
  • Data transfer: The Data Handler only transfers personal data to a third party if the data subject has clearly consented to it or if there is an appropriate legal basis for the data transfer.
  • Duration of data processing: The subject of the data may request the deletion of their personal data at any time, except for data that is authorized to be processed by law. If the subject of the data orders a product and makes a payment, the retention period for receipts is eight years according to the Accounting Act.
  • Rights of the subject of data: The subject of data has the right to request information about the processing of their data, to request the correction of erroneous data or to have their data deleted. The data handlers shall comply with the request within the deadline prescribed by law or shall inform the data subject of the reason and legal basis for the refusal of the request.
  • Data processing: The data handlers shall be entitled to use a third party, including to entrust a data processor with the performance of certain operations, while ensuring an adequate level of data protection.

8. Enforcement

8.1. The Customer may communicate their complaints regarding the product or the Merchant's activities to the Merchant. The customer service is operated by the Merchant, at the contact details specified in point 1.1. The Customer may communicate their objections at these contact details. The Merchant shall immediately investigate the oral complaint and remedy it if necessary, if the nature of the complaint permits this. If the Customer does not agree with the handling of the complaint or if immediate investigation of the complaint is not possible, the Merchant shall immediately record the complaint and its position on it and shall send a copy of it to the Customer at the latest together with the substantive response specified in the section on written complaints, and shall proceed in accordance with the provisions regarding written complaints.

8.2. The Merchant shall investigate the complaint as soon as possible and inform the Customer of the result. The Merchant shall examine the written complaint within thirty days of its receipt and

respond to it accordingly. If the Merchant rejects the complaint, the rejection shall be justified in all cases.

8.3. The Merchant shall keep the minutes of the complaint and a copy of the response for five years.

8.4. If the Merchant does not remedy the complaint or the dispute between the Merchant and the Customer is not resolved between the parties, the Customer may assert his claim as follows.

8.5. The Customer may contact the consumer protection authority competent for his place of residence. After assessing the complaint, the authority shall decide on the conduct of the consumer protection procedure.

8.6. For the purpose of settling consumer disputes related to the quality, safety of products and the application of product liability rules, as well as the conclusion and performance of the contract, the Customer may initiate proceedings at the conciliation body competent for his/her place of residence or stay or may contact the conciliation body operating under the professional chamber competent for the registered office of the Merchant. For the purposes of the rules relating to the Conciliation Body, a consumer is also a civil organization, church, condominium, housing cooperative, micro, small and medium-sized enterprise under a separate law, who buys, orders, receives, uses, makes use of goods, or is the recipient of commercial communication or offers related to the goods.

Contact details of the Budapest Conciliation Body:

  • Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
  • Mailing address: 1253 Budapest, P.O. Box: 10.
  • E-mail address: [email protected]
  • Central telephone number: +36 1 488 2131
  • Fax: +36 1 488 2186

The Merchant publishes the contact details of the individual conciliation bodies on the Website. The Merchant is obliged to participate in the conciliation body proceedings.

In the event of a cross-border consumer dispute related to an online sales contract, consumers can settle their cross-border disputes related to online purchases electronically by submitting an electronic complaint via the page available at the following link: https://webgate.acceptance.ec.europa.eu/odr/main/?event=main.home.show. After registering on the website, the Customer can fill out their application and then submit it electronically. In Hungary, the Budapest Arbitration Board acts in cross-border disputes between consumers and traders related to online sales or service contracts.

8.7. The Customer is entitled to enforce their claim arising from a consumer dispute in court.

8.8. The Merchant undertakes repair or replacement only in cases covered by the warranty. The Merchant does not undertake to repair or replace the product if the defect is attributable to the Customer's conduct, improper use or handling, or is a consequence of natural wear and tear resulting from the intended use of the product (expansion, abrasion, scratches, pilling).

  • Injuries (fracture, tear) caused by rough, careless handling;
  • Changes on the surface (discoloration, corrosion) caused by strong chemicals or chemical substances (e.g. perfume, hairspray, soap, other cosmetics);
  • Fading due to strong sunlight or direct heat;
  • Tear or stretch due to excessive tension of the product.

9. Other provisions

9.1. The information on product warranty and warranty of materials constitutes Annex 1 to these GTC.

9.2. The Parties are obliged to cooperate with each other in order to fulfill these GTC. The Parties shall inform each other of all material circumstances affecting the fulfillment. The data provided on the Website may be used to contact the Merchant. The Merchant uses the data provided by the Customer to contact the Customers.

9.3. The Merchant is entitled to amend these GTC. The Merchant shall publish the amendment on the Website no later than 15 days before the amendment enters into force. If the amendment to the GTC is detrimental to the Customer, the order placed before the amendment shall be governed by the GTC prior to the amendment.

9.4. In matters not regulated in these GTC, Hungarian law, primarily the provisions of the Civil Code, shall apply.



Appendices:

  1. Information on product warranty and material warranty