General terms and conditions of use

 

Please read this document carefully before finalizing your order, as you will accept the contents of this GTC by finalizing your order.

Please use our services only if you agree with each of the provisions of this GTC and accept them as binding on yourself. 

  1. WEBSITE OPERATOR (HEREINAFTER: SELLER) DATA:
  • Company name: Best Beauty Kft. (hereinafter seller)
  • Registered seat: H-2049 Diósd, Álmos fejedelem utca 15.
  • Site: H-1095 Budapest, Tinódi u. 1-3.
  • Company registration number: 07-09-025977
  • Tax number: 25285541-2-07
  • Website: www.boostificpro.com
  • Email: hello@boostificpro.com
  • Telephone: +36-70-610-4850

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: Shopify Inc.
  • Registered seat: Ottawa, 151 O'Connor Street, Ground Floor, Canada
  • Tax number: 24812087-2-09
  • E-mail: https://www.shopify.com/contact
  1. SELLER’S WEBSITE ADDRESS:

www.boostificpro.com 

  1. 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 organizations 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.
  • Online market shall mean a service using a software operated by or on behalf of the dealer, inter alia, a website or any part of a website or any application whereby consumers can conclude distance contracts with other dealers or consumers.
  • Online market provider shall mean any enterprise providing online market to consumers.

 

  1. AVAILABILITY OF THE GENERAL TERMS AND CONDITIONS:

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

This GTC is continuously available on the following website: https://boostificpro.com and can be downloaded and printed any time from the following link: LINK

  1. 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 via the www.boostificpro.com website. These terms and conditions are general terms and conditions within the meaning of Subsection (1) of Section 5 of Act CVIII of 2001 on certain issues of electronic commerce 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. (II. 26.) and Government Decree 373/2021 (VI.30.) on detailed rules for contracts between consumers and businesses for the sale of goods, supply of digital content and provision of digital services (VI. 30.) On the detailed regulations of contracts between consumer and company.

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.

  1. EFFECT OF THE TERMS AND CONDITIONS:

These Terms and Conditions come into effect on 02.04.2024, 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.

  1. 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 www.boostificpro.com 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” “Hybrid Cream Dye”, “KindCare Lifting and Lamination System”, “New In”, 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, 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 on the “Proceed to checkout” button.

After clicking on order button, the following data shall be provided:

  1. Name of contact person: (Enter the following data)
    1.  E-mail
  2. Delivery: (Enter the following data)
    1. Country/Region
    2. First name, Last name
    3. Company name (optional)
    4. Postal code, Town
    5. Address
    6. Enter building, floor, door, etc.
    7. Phone number
  3. Select delivery method: (Select from the available delivery methods)
    1. GLS
    2. DHL
  4. Payment: (Select from the available payment methods and enter the following data)
    1. Credit card number
    2. Expiry date (MM/YY)
    3. Security code (CVC)
    4. Name on card
    5. Billing address(Select the address corresponding to you card or the selected payment method.)
    6. Use delivery address for billing address
  5. If the data you entered are correct, click on the “Order summary” button.

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 on working days , 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 English, 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.

  1. CUSTOMER SERVICE:

Seller responds to the questions of Customer related to their orders via telephone (phone number: +3670 617 8668), or email (e-mail address: hello@boostificpro.com), in English, in 48 hours, through the contact channels specified in this clause on working days between 9:00 and 17:00 Hungarian time. 

  1. SALE PRICE:

The prices displayed in the online shop are valid consumer prices in EUR 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.

The Seller offers periodic promotional sales on its website, in the form of a coupon.

 Coupon may entitle to a percentage or a fixed amount discount. The fixed amount coupon is always expressed in gross value and in euros. The discount provided by a coupon always relate to the full price of the product and the amount of discount is deducted from the full price of the product.

In the case of coupon promotions, the payment of the price of the product may be made partially or entirely by entering coupon data. The coupon code is always to be entered in the “Discount code?” field on the left hand side of the cashier within the validity period and than it can be validated by clicking on the “Apply” button. Upon acceptance of the coupon, its value is deducted from the total price of the order. Once an order has been finalized, there is no possibility of ex-post offsetting.

Only one coupon may be redeemed for one order, coupons cannot be combined, cannot be redeemed for cash and cannot be refunded, i.e. if the value of the purchase is less than the value of the coupon, the whole coupon will be redeemed.

The discount may not be combined with other discounts or promotions.

Expired or used coupons may not be used again.

In the case of an unauthorized use of a coupon, the Seller does not assume any liability for accepting or using a coupon again.

Further details on the conditions of using current coupons will always be made available by the Seller on the home page of its website.

  1. 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.

  1. PAYMENT TERMS:

Payment options in the online shop operated by the Seller: cash on delivery, bank card payment (Stripe, Paypal).

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. Cash on delivery is available in Hungary only. 

Payment by bank card: The purchase price may be settled with a valid bank card using the Stripe (https://stripe.com/en-hu, seat: 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland payment system. Credit card details provided for payment will be entered into Stripe’s system, they will not be seen, stored or accessed by the Seller in any way. Stripe

The general terms and conditions and privacy notice of Stripe are continuously available on https://stripe.com/gb/privacy website which have been learnt and accepted by the contracting parties.

By clicking on the “Submit order” button, the system goes to Stripe’s payment site. After that, the payment is governed by the provisions of the Terms and Conditions of Stripe. Payment may be effected using the bank card types shown on the website of Stripe, through the Stripe online card-accepting terminal. 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. Stripe 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.

Payment by PayPal:

Payments by PayPal are made in the secure system of PayPal (https://www.paypal.com/hu/home), the Seller in this case does also not have access to any data used for payment.

Should the Customer selects payment by PayPal, the system automatically directs the Customer to the secure payment site of PayPal by clicking on the appropriate button. The first step for this is to select the radio button in front of the PayPal payment sign. Here, the Customer can select from two options. If you have a PayPal account, simply enter into it at checkout and make the payment as usual. If you do not have a PayPal account, fill in the form appearing on the checkout page.

PayPal also send and e-mail message to the Customer at all times after payment has been made, to the e-mail address specified by the Customer.

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.

 

  1. SHIPPING TERMS:

Domestic shipping:

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.

 

Costs of domestic shipping within Hungary are HUF 1,790 for orders with a value less than HUF 38,000 gross, and free upon the order value reaching HUF 38,000.

Foreign shipping:

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

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.

The fees and time of shipping abroad are basically vary by country of destination.

Zone 1

  • Romania, Slovakia, Czech Republic, Poland, Austria, Slovenia, Croatia

  • Standard EU Shipping (2-4 working days): €4.99

  • Free shipping on orders over €250

Zone 2

  • Italy, France, Belgium, Netherlands, Denmark, Spain, Sweden, Portugal, Greece

  • Standard EU Shipping (2-4 working days): €7.99

  • Free shipping on orders over €250

All other EU Countries

  • Luxembourg, Liechtenstein, Bulgaria, Switzerland Shipping (2-4 working days): €14.99

  • Lithuania, Latvia, Estonia, Malta, Norway, Finland Shipping (2-4 working days): €14.99

  • Vatican, Monaco, United Kingdom, Northern Ireland Shipping (2-4 working days): €22.99

  • Free shipping on orders over €250

USA, Canada, Australia

  • USA Shipping (2-4 working days): €24.99

  • Canada Shipping (2-4 working days): €24.99

  • Australia Shipping (3-9 working days): €34.99

     

     

    In case of shipping abroad, the Customer shall be responsible to pay any custom or other taxes in the destination country and to be informed thereof in advance (e.g. payment terms, applicable procedure, amount).

    1. DATE OF PERFORMANCE:

    The date of performance is the date of sending the ordered product to the Customer. Ordered products generally posted by the Seller within a maximum of 48 hours, save for weekends, when orders placed after 14:00 p.m. on the last working day of the week will be posted by the Seller on the first working day following the weekend.

    Should demand be high, delivery of the ordered products might take longer.

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

    The Seller does not assume 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.

    The Seller does not assume any liability for specific 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.

    If the Customer (not Consumer) starts using the product, but it applied the purchased products in inappropriate circumstances or in the lack of expertise required for use and make a complaint with this respect relating to the quality of the goods, the Seller shall be obliged to replace the product only if the Customer notifies the defect of the product or the warranty issue within 3 working days from the date of receipt of the goods.

    If Customer fails to take the ordered product, it shall reimburse the Seller the loss arising from the returning of the package. The 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.

    1. 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. The Seller shall process the Customer’s personal data in accordance with the general data protection regulation. The Seller shall process the Consumers’ personal data in accordance with the general data protection regulation.

    In the case of termination of the contract, the blocking of the Consumer’s account does not affect the Consumer’s right set out in Subsection (3) of Section 15 of the general data protection regulation to request the Seller to provide a copy of the contents that constitutes its personal data, the Seller shall provide such possibility to the Consumer within a reasonable time.

    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.

    1. RIGHT OF WITHDRAWAL:

    In case of contracts concluded outside business premises and distance contracts, the Customer 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. The Customer may exercise this right by making an unambiguous statement to this effect or by the declaration form for withdrawal/termination set out in Schedule No.2 of Government Decree 45/2014 (II. 26.) (or hereinafter): 

    Declaration form for withdrawal

    To: Best Beauty Kft.

    Address: H-2049 Diósd, Álmos fejedelem utca 15.

    Undersigned …………………………. declares/declare that I/we exercise 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 the Seller via e-mail (hello@boostificpro.com) or in the form of a letter addressed to its headquarters (Best Beauty Kft. H-2049 Diósd, Álmos fejedelem utca 15.).

    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 shall 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 to Seller 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.
    1. WARRANTY AND GUARANTEE:

    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.

    The general requirements of contractual performance are set out in full in Section 5 of Government Decree 373/2021. (VI. 30.).

    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.) NGM of the Minister of National Economy.

    1. 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), in the case of purchases by Consumers, the provisions of Government Decree 373/2021. (VI. 30.).

    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.

    In the case of purchases by Consumers, the Seller may reject making the goods conform to the contract if repair or replacement is not possible or would result in disproportionate additional costs to the Seller taking into account all circumstances, including the value represented by the goods in perfect condition and the seriousness of the breach of contract.

    The reasonable time for repair or replacement of the product shall be counted from the date on which the defect has been reported to the enterprise by the Customer.

    Customer shall provide the goods to the Seller for completing the repair or replacement.

    Seller shall ensure the return of the goods at its own cost. If the repair or replacement requires the removal of goods which were put into service in accordance with the nature and purpose of the goods before the defect became apparent, then the obligation to repair or replace shall include the removal of the unsuitable goods and the putting into service of the replacement or repaired goods or bearing the costs of removal and putting into service.

    • 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.

     

    In the case of purchases by Consumers, the Consumer shall not be entitled to repair the defect in exercising its warranty rights and shall not have it repaired at the Seller’s cost.

    No grounds exist for withdrawal based on immaterial defects.

    If Consumer intends to terminate the sale and purchase contract on the grounds of defective performance, the Seller shall be obliged to evidence that the defect is insignificant.

    Consumer shall be entitle—in proportion to the seriousness of the breach of contract—to demand proportionate reduction of the purchase price or terminate the sale and purchase agreement, if

    1. Seller failed to perform the repair or replacement, or performed, but failed in part or in whole to ensure the return of the goods at its own cost or Seller rejected to make the goods conform to the contract on the grounds that the repair or replacement is impossible or would involve disproportionate additional costs;
    2. a repeated defect occurs despite the Seller having tried to make the goods conform to the contract;
    3. the defect of performance is so serious that it justified immediate reduction of the purchase price or immediate termination of the sale and purchase contract; or
    4. Seller refused to make the goods conform to the contract or it is apparent from the circumstances that Seller will not make the goods conform to the contract within a reasonable time or without significant damage of interests to the Consumer.

    A reduction of consideration shall be considered to be proportionate if the amount of reduction equals to the difference between the goods due to the Customer and value of goods actually delivered to Customer.

    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.

    If Customer may terminate the contract on the grounds of defective performance by its expressed written statement to Seller relating to the termination of the contract.

    If defective performance affects only a part of the goods delivered under the sale and purchase agreement and the conditions of exercising the right to terminate the contract are met with respect to such goods, the Customer may terminate the sale and purchase agreement with respect to the defective goods only, however, the Customer may also terminate the contract with respect to any other goods acquired together with the defective goods, if Customer cannot reasonably be expected to keep only the goods in conforming to the contract.

    If Customer terminated the sale and purchase agreement in whole or only with respect to a part of the goods delivered, then

    1. Customer shall return the goods concerned to the Seller at Seller’s cost; and 
    2. Seller shall refund the purchase price paid for the goods concerned to Customer immediately upon receipt of the goods or the certificate or return of the goods.

    In the case of termination of the contract, Seller must refund the full amount paid by the Customer as a consideration. However, if performance has been in accordance with the contract for a certain time prior to the termination of the contract, the consideration due to this period shall not be refunded. In the latter case, that part of the consideration shall be refunded that relates to the period of contractual performance and any consideration paid by the Customer in advance which would have been due for the remaining term of the contract if the contract had not been terminated.

    If Customer is entitled to purchase price reduction or to terminate the contract, Seller shall perform its obligation to refund without delay, but within 14 days from gaining knowledge, the latest.

    Seller shall reimburse the amount due 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 shall not result in any additional costs for Customer.

    Refund-related costs are borne by 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 one year 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 one year 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. 

    1. 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 are the goods considered defective?

    A product is defective, if it does not meet the quality requirements applicable at the time of its commercialization, 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?

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

    Upon discovering a defect, the Consumer shall immediately report it. 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.

    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 Consumer 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 commercialized 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 a mandatory legal or regulatory requirement.

    To become exempt, the manufacturer (distributor) only needs to demonstrate one of the foregoing grounds.

    Consumer 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 Consumer may assert his/her claim under warranty for defects against the manufacturer for the replaced product or the replaced part.

    1. 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,
    • name of the product, the purchase price,
    • 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.

    1. Reporting in writing:

    Customer may report his/her warranty claim in a postal mail or email sent to the Seller (Best Beauty Kft. H-2049 Diósd, Álmos fejedelem utca 15., email address:hello@boostificpro.com).

    The letter shall contain:

    • the name, address of Customer and his/her declaration that he/she consents to the processing of his/her data,
    • name of the product, the purchase price,
    • 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 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 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.

    1. 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 put the product into operation later than six months from 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, at 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, 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 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,
    • name of the product, the purchase price,
    • 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:

    Telephone 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.

    1. 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-2049 Diósd, Álmos fejedelem utca 15.) or in an email (to: hello@boostificpro.com).

    The Seller will investigate all complaints. Verbal complaints shall be examined and remedied immediately as requested. 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.

    1. 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 Pest County

    Address: 1055 Budapest, Balassi Bálint utca 25. IV. emelet 2.

    Levelezési cím: 1364 Budapest, Pf.: 81 

    Phone number: (1) 792-7881

    Telefax: (1) 792-7881

    Chairperson: Dr. Nadrai Géza

    Email address: www.panaszrendezes.hu; www.pestmegyeibekelteto.hu

    Email address: pmbekelteto@pmkik.hu

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

    https://fogyasztovedelem.kormany.hu/api/item/file-preview/6429/f5edac529ab0cb8242e71461aacacc44.pdf

    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:

    https://fogyasztovedelem.kormany.hu/api/item/file-preview/9747/b202919da73db87382bd2ecb98d48e18.pdf 

    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.

     Unless excluded or otherwise provided for by law, Parties stipulate the jurisdiction of Hungarian courts in the event of a dispute and Hungarian law as the applicable law. This GTC shall be governed by Hungarian law.

    If Customer has a complaints during shopping online on the website, Customer may take the complaint to the European Online Dispute Resolution Platform via the following link: http://ec.europa.eu/odr

     

    1. 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.

    1. 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 guarantee relating to certain durable consumer goods;
    • Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses;
    • Government Decree No. 373/2021. (VI. 30.) on the detailed rules of contracts relating to the sale and purchase of goods, digital content services and provision of digital services;
    • Decree No. 19/2014. (IV. 29.) NGM of the Minister of National Economy on the procedural rules of handling warranty claims for goods sold in the framework of a contract between consumers and enterprises.

    These General Terms and Conditions take effect on 02.04.2024 and apply to subsequent orders and contracts.