General Terms and Conditions

These General Terms and Conditions (hereinafter: ’Terms’) stipulate the rights and obligations of the services offered by Zita Gyurokovics sole proprietoron the website www.margallitiskincare.hu and www.margallitiskincare.com (hereinafter: ’website’) and the customers purchasing electronic commercial services as per Point a) of Section 2 of the Act CVIII of 2001 on Certain Issues of Electronic Commerce Activities and Information Society Services (hereinafter: ‘Act on E-Commerce’).

This document shall be concluded only in electronic form. Contracts concluded in an electronic form shall be deemed written contracts, and shall be construed and governed by Hungarian law. The contract shall be subject to the conditions of these Terms. Upon their purchases, Customers shall accept the above mentioned conditions as legally binding.

Communication before the conclusion of the contract

Service Provider is legally obligated to provide clear and understandable information before concluding a distance contract or an off-premises contract with their customers on the following topics:

  • The relevant characteristics of the goods or services: ServiceProvider shall communicate all relevant characteristics of the goods or services on its website www.margallitiskincare.hu and www.margallitiskincare.com, to the extent necessary for each product and the communication medium.The pre-contractual information can be accessed via the tabs ’Shop’ and ’Services’ on the website.

Customers may find the detailed characteristics (including price, description, composition, use) next to the enlarged photos of the products. Service Provider shall take no responsibility for possible inaccuracies in the product description. The photos of the products may serve as illustrations at certain occasions. If a special offer is introduced, the length of the availability of the offer shall be communicated clearly. The products available in the webshop may only be purchased online. All prices are denominated in Euro and Hungarian Forint and include value added tax (i.e.: gross prices).

  • Corporate information of Service Provider:

  • Name of Service Provider: Zita Gyurokovics.

  • Registered seat: H-7400 Kaposvár, Balaton utca 22.

  • VAT number: 68441287-1-34

  • Registration number of sole proprietorship: 51751326.

  • Telephone number: +36-70-631-6128

  • E-mail address: zita@margallitiskincare.com

  • Website and webshop of Service Provider: www.margallitiskincare.com and www.margallitiskincare.hu.

Orders placed on www.margallitiskincare.com and/or www.margallitiskincare.hu are processed on weekdays between 09:00 a.m. and 05:00 p.m. Orders are performed within 1 - 3 workdays on average.

Our customer service department may be contacted as detailed above, we are expecting Your call should You have any questions!

  • Service Provider shall upload the detailed pre-contractual information on their website www.margallitiskincare.com and www.margallitiskincare.hu (at tabs ‘Shop’ and ‘Services’) for each product and service type as follows:

  • all-inclusive prices of the products or services (and the calculation of the VAT),

  • all other costs that may emerge (such as delivery fees), or if these additional costs may not be exactly calculated, communication of their possible emergence,

  • information on the performance, in particular: the payment method, delivery and deadlines.

  • How to place orders:  Customer can put the selected products with the appropriate quantity into their basket after clicking on the “Add to Cart” button. If You finished shopping, You can finalize Your purchase by clicking the “View Cart” button. On this page You can give your invoicing data, delivery address, mode of delivery and payment mode, while being able to check your order once more. The total amount of the purchase shall always include the price of both the product and the delivery fee. Once the necessary information are given, You may click on the “Place Order” button where You can verify that Your order arrived to Service Provider. Service Provider shall also send a confirmation e-mail to the Customer about the successful placement of the order.

  • Payment conditions: there are one payment options available for Customer:

  • Purchase with Your PayPal account for payment; once the payment is transferred to Service Provider’s account, the delivery is initiated. You may inform Yourself [SG1] about the privacy policy of PayPal Inc. at the following link: https://www.paypal.com/hu/webapps/mpp/ua/privacy-full

  • Order confirmation: Service Provider shall send the confirmation of the successfully placed order without delay via e-mail. If the order confirmation is not sent within a reasonable time based on the service but not more than 48 hours, Customer shall be exempted from the offer commitment and contractual obligation. A confirmation sent within a maximum of 48 hours shall be considered without delay. Parties may depart from the above provisions upon a mutual agreement via e-mail or telephone. If Service Provider fails to perform their contractual obligations due to the unavailability (not in stock or inaccessible for procurement) of the product in question , Customer shall be informed without delay and reimbursed for the price of the product without undue delay. A communication regarding unavailability sent within 30 days shall be deemed without delay. The performance of the latter obligation shall not relieve Service Provider from the other possible consequences of the breach of the contract.

  • Packaging and delivery conditions: Service Provider shall be responsible for the adequate packaging of the products due to their fragility. The price shall be inclusive of the cost of packaging and the handling fee. Service Provider shall use the parcel delivery service of Magyar Posta Zrt. to deliver the ordered product to the Customer. The cost of delivery is in accordance with the rates of Magyar Posta Zrt. The delivery fee of a package shall apply for one item of package delivered to one recipient, with the rate Magyar Posta Zrt. charges. For orders with a value higher than €90 (ninety) euros or 30.000 (thirty thousand) hungarian forint, the delivery shall be free of charge. The products shall be shipped within 2 or 3 working days after the electronic confirmation was sent. During the shopping process, Customer may select their preferred delivery mode in the ‘Checkout’menu. Customer shall be responsible for inspecting whether the product is complete and undamaged before signing the delivery note. If the products are damaged, Customer shall inform Magyar Posta Zrt. without delay as they bear liability for damages. After the delivery note is signed, Service Provider does not accept complaints regarding the quality and quantity of the products. If Customer has any complaints regarding the quality and/or the quantity, they shall turn to Magyar Posta Zrt.

  • The right to cancel the order:

If Customer wishes to cancel the order, their right to cancel shall be governed by the Act V of 2013 on the Civil Code (hereinafter: ‘Civil Code’), the Directive 2011/83/EU of the European Parliament and of the Council on Consumer Rights, and the Government Decree no. 45/2014. (II.26) on the Detailed Rules on the Contracts between Consumers and Enterprises (hereinafter: ‘Decree’).

The text of the Decree and, in particular, its relevant Section 20 can be accessed at the following link: https://net.jogtar.hu/jogszabaly?docid=a1400045.kor

Customer may exercise their right to cancellation by using the statement form set out by Attachment 2 of the Decree, or by using a statement with a similar content.

When resorting to cancellation, the costs of returning the products shall be borne by Customer if Service Provider has not explicitly assumed paying such fees and, in case of distance contracts, the product may not be returned by post.

Pursuant to the provisions of Section 26 of the Decree, Customer shall pay the reasonable costs incurred by Service Provider, if the right of cancellation is exercised after the start of the contractual performance as per Sections 13 and 19 of the Decree. Customer may not exercise their right of cancellation in the cases regulated by Section 29 of the Decree.

 

  • Warranty and guarantee claims

Service Provider shall indicate the expiration date of the product on the packaging. Service Provider shall also indicate the necessary cautionary information and the ingredients of the product in Hungarian language, as well as contact details where Service Provider may be reached. 

Customer claims in connection with warranty and guarantee shall be managed pursuant to the provisions of the Civil Code and the NGM Decree no. 19/2014. (IV.29.) on the Procedural Rules for Administering Guarantee and Warranty Claims on Products Sold to Consumers under a Contract between the Consumer and Enterprise (hereinafter: ‘Decree on Warranties’). For the purposes of these Terms, references to enterprises shall refer to Service Provider.

The provisions of the Decree on Warranties shall apply if, due to the defect of the movable thing (product) sold on the basis of a contract between a consumer and an enterprise, the Customer has a warranty claim for material defects, a product warranty claim (hereinafter: ‘warranty claim’) or a guarantee claim.

 

The provisions of the Decree on Warranties relevant for enterprises shall be adequately applied to the manufacturer of the product as well when processing a product warranty claim pursuant to the provisions of the Civil Code.

 

The contract between the Customer and the enterprise may not deviate from the provisions of the Decree on Warranties to the Customer’s detriment. Contractual provisions that are to the detriment of the Customer shall be replaced by the provisions of the Decree on Warranties.

 

Warranty for material defects: In case of defective performance, Customer may have a warranty claim for material defects against Service Provider pursuant to the provisions of the Civil Code. The performance of Service Provider shall be deemed defective if it does not meet the quality requirements as set out by the contract or the relevant regulations at the time of the performance. The performance of Service Provider may not be deemed defective if the Customer was or should have been aware of the defect at the time of the performance. In the contract between Service Provider and Customer, all provisions that deviate from the relevant regulations of the Civil Code on warranties to the Customer’s detriment shall be deemed null and void.

The rights of the Customer on warranty for material defects: Customer may exercise the following warranty claims for material defects by their choice: replacement or repair, except if the claim of the Customer is deemed impossible or it would result in disproportionate additional costs for Service Provider. If Customer did not or could not ask for replacement or repair, Customer may claim a pro rata discount, have the product repaired by somebody else at the cost of Service Provider or, ultimately, cancel the contract. Customer may switch from the chosen remedy for breach of warranty for material defects to another remedy. The Customer shall pay the costs caused to the Service Provider by the switch, unless Service Provider caused the switch or the switch was otherwise justified. Following the detection of the defect, Customer shall be required to communicate the defect to the producer without delay. A defect communicated within two months following the detection shall be considered communicated without delay. We inform Customer that their rights for warranty for material defects may only be claimed within a two year limitation period after the performance of the contract. Within six months of the performance of the contract, the claim on warranty for material defects shall be done without any other condition than the verification that the product or service was offered by Service Provider operating a webshop at www.margallitiskincare.com and www.margallitiskincare.hu. After the initial six-month period, Customer is obliged to prove that the detected defect existed at the time of the performance.

 

Product warranty: Customer may exercise their product warranty claim only against the manufacturer or the distributor of the product. Upon discovering a defect in the product purchased at www.margallitiskincare.com and/or www.margallitiskincare.hu, Customer may exercise a warranty for material defects or a product warranty claim pursuant to the provisions of the Civil Code. When filing a claim for product warranty, Customer may claim repair or replacement. A product shall be deemed defective if it does not comply with the quality requirements applicable at the time of placing the product on the market, or if it does not have the characteristics indicated in the description provided by the producer. The producer shall be subject to product warranty for two years after they placed the relevant product on the market. The expiry of this time limit shall cause the forfeiture of rights. The producer/distributor shall be exempted from the product warranty obligation if they prove that:

  1. they have not produced or distributed the product within their business activities, or

  2. the defect was not recognisable given the state of scientific or technical knowledge when the product was placed on the market; or

  3. the product’s defect was caused by the application of a law or a mandatory authority provision.

In order to win exemption, it shall suffice for the producer / distributor to prove one of the criteria listed above. Service Provider shall be exempted from warranty claims for damages if they were caused after the passing of the risk of damage by defective, negligent or excessive use, or use that is not in accordance with the intended purpose.

Warranty for material defects and product warranty may not be claimed at the same time for the same defect. However, upon the successful approval of a product warranty claim, the warranty for material defects may be claimed against the producer for the replaced product or the repaired part of the product.

Guarantee: The provisions for obligatory guarantee for durable consumer goods shall be governed by the Government Decree no. 151/2003 (IX.22.) on Guarantees of Consumer Durables (hereinafter: ‘Decree on Guarantees’). Pursuant to the provisions of the Decree on Guarantees, the guarantee obligation shall apply for new consumer durables listed in Attachment 1 of the Decree on Guarantees that are sold and purchased on the basis of a contract between a consumer and an enterprise as per the Civil Code. The products sold at the webshop at www.margallitiskincare.com and/or www.margallitiskincare.hu shall not be qualified as consumer durables. If Service Provider introduces consumer durables in the future, these Terms shall be amended accordingly.

The process for guarantee claims: Pursuant to the provisions of Section 6:166 of the Civil Code, the costs related to the performance of the warranty obligation shall be borne by the Service Provider.

  • The conclusion of the contract shall be proven by Customer when enforcing a guarantee claim.

  • If Service Provider contests the conclusion of the contract, they shall inform Customer about the opportunity to file complaints and the available modes for complaint management pursuant to the provisions of the Act CLV of 1997 on Consumer Protection (hereinafter: ‘Act on Consumer Protection’).

  • The conclusion of the contract shall be deemed proven if Customer can present the invoice issued pursuant to the provisions of the Act XXVII of 2007 on Value Added Tax.

  • Service Provider shall conclude a protocol on the warranty or guarantee claims in which the following data shall be recorded:

    • name and address of the Customer, as well as a declaration of consent signed by the Customer to processing of their personal data pursuant to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council,

    • name and price of the movable thing (product) that is sold and purchased via the contract between the customer and the enterprise,

    • the date and time of contractual performance ,

    • the date and time of the communication of the defect,

    • the description of the defect,

    • the claim  for warranty or guarantee that Customer intends to enforce.

    • The mode for the resolution of the warranty or guarantee claim, or the reason for the rejection. (If Service Provider is not able to comment on whether the claim can be accepted at the time of its communication, they shall communicate their opinion with justification to the Customer within five working days, in a verifiable way, as well as the inform Customer about their opportunity to resort to arbitration).

    • If Service Provider performs the warranty or guarantee claim of Customer differently to the original claim of Customer, they should provide a legal justification for the deviation in the protocol.

    • The protocol shall provide information on the opportunity of the Customer to turn to the arbitration board operating within the regionally competent Chamber of Commerce and Industry.

    • A copy of the protocol shall be sent to the Customer in a verifiable way without delay.

    • Service Provider shall be obliged to keep the protocol for three years and to present it to the supervisory authority upon request,

    • The communication of a warranty or guarantee claim shall not constitute a complaint pursuant to the Act on Consumer Protection.

    • Service Provider shall seek to complete the repair or replacement within fifteen days.

    • Service Provider shall take over the product for the purpose of investigating the warranty or guarantee claim with a proof of receipt or mentioned in the protocol for the warranty or guarantee claim with the following content:

      • name and address of the Customer,

      • data necessary for the identification of the product,

      • date and time for the takeover,

      • date and time for returning the repaired or replaced product.

Complaint management: Service Provider and Customer shall seek to resolve their legal disputes in an amicable way. The goal of Service Provider is to perform all orders in an adequately high quality, to reach a high degree of satisfaction with the Customer. If Customer nonetheless has any complaints with the contract or its performance, they can communicate their complaints to Service Provider in writing to the e-mail and postal address listed in these Terms. Customer can inform Service Provider about their observations and complaints at the zita@margallitiskincare.com e-mail address. Service Provider shall be obliged to indicate the contact details at the website, the webshop and on the product as well where the Customers may communicate their complaints. All written complaints shall be investigated and replied to in writing without delay. Replies sent within 30 days shall be considered to be sent without delay. If a complaint is refused, a justification shall be provided as well. A copy of all written replies shall be kept for three years by Service Provider and shall be presented them to the supervisory authorities upon request.

  • Customer may turn to the following consumer protection authorities with their complaints:

    • Division for Technological Licensing, Consumer Protection and Employment, District Office of Pécs

    • Division for Technological Licensing, Consumer Protection and Employment, District Office of Kaposvár

Consumer Protection Department

Address: H-7400, Kaposvár, Nagy Imre tér 1.,

Postal address: H-7401, Pf. 281,

Telephone number: +36-82-510-868,

E-mail address: fogyasztovedelem@kaposvar.gov.hu

Government portal abbreviation: SMKHFOGY

Opening hours:

Monday through Thursday: 08:00 – 16:30.

Friday: 08:00 – 14:00

(Government Office of Somogy County)

 

  • In case of complaints, Customer may resort to the following arbitration board:

Arbitration Board of Somogy County

Chamber of Commerce and Industry of Somogy County

H-7400 Kaposvár, Anna utca 6., ground floor.

Telephone number: +36-82-501-024, +36-82-501-027

E-mail address:ugyfelszolgalat@skik.hu

Opening hours: 

Monday through Thursday: 08:00. – 12:00., 13:00 – 15:30

Friday: 08:00 – 12:00

Website: http://skik.hu/hu/bekelteto-testulet

 

Arbitration boards are independent bodies operating within the county chambers of commerce and industry. It is the responsibility of the arbitration boards to resolve consumer disputes outside the courts. Moreover, it is the duty of the arbitration boards to achieve a mutual agreement between the parties and, failing this, to make a decision in a consumer dispute ensuring that the consumer’s rights are enforced in a simple, swift, efficient and cost effective way. Upon the request of either the consumer or the enterprise, the arbitration board shall give advice regarding the rights and obligations of the consumer.

You may inform Yourself about the arbitration process at the following link: www.bekeltet.hu/en/www.bekeltetes.hu.

The contact information of the arbitration boards can be found at the following website:http://www.fogyasztovedelem.kormany.hu/en

The glossary of consumer protection can be reached at the following link:

http://www.fogyasztovedelem.kormany.hu/sites/default/files/fogyasztovedelmi_ABC_vegleges.pdf

Relevant regulations:

  • Act V of 2013 on the Civil Code (‘Civil Code’),

  • Act CVIII of 2001 on certain issues of electronic commerce activities and information society services (‘Act on E-Commerce’),

  • Act CLV of 1997 on Consumer Protection (‘Act on Consumer Protection’),

  • Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices,

  • Act CXII of 2011 on Informational Self-Determination and Freedom of Information,

  • Government Decree no. 45/2014. (II.26) on the Detailed Rules on the Contracts between Consumers and Enterprises,

  • NGM Decree no. 19/2014. (IV.29.) on the Procedural Rules for Administering Guarantee and Warranty Claims on Products Sold to Consumers under a Contract between the Consumer and Enterprise.

 

Data processing: Service Provider shall process the personal data given to them confidentially and shall not disclose them to external third parties. Service Provider may only use the data for the performance of the contractual obligations. The data of the invoices that are issued by the information systems based upon data given at the website or via e-mail shall be recorded and stored for the time period stipulated by the Act on Accounting in force. You may request for the modification or erasure of Your data at any time in a written form.

 

You may find our detailed data processing policy at the following link:

 

The present Terms shall be valid from September 2018 until revoked or amended. Deviation from the Terms may only be possible upon the mutual and explicit agreement by the contractual Parties.

 
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