General Terms and Conditions
(hereinafter: GTC)
Beautyrobic.com (“Beautyrobic®,” “we,” “us,” or “our”) welcomes you. It is important to us that everyone has a positive and safe online experience so here are the terms of use. Thank you for visiting!
This document is not filed, is concluded exclusively in an electronic form, it is written in English and does not refer to a code of conduct. Should you have any questions regarding the operation of the webshop or the processes of order and delivery, do not hesitate to contact us via any of our contacts provided.
The scope of this GTC covers the legal transactions concluded between the Service Provider and the Clients, via Service Provider’s website (https://beautyrobic.com) and its subdomains.
This GTC is available at https://beautyrobic.com/gtc round the clock.
1. Service Provider’s data:
Name: Beautyrobic Kft.
Registered seat: H-1033 Budapest, Búza utca 10. IV./38.
Contact data of Service Provider, its email address used regularly to keep in touch with customers: info@beautyrobic.com
Company registration number: 01-09-946620
Tax number: 22961264-2-41
Language of contract: English
Name and address of hosting provider: Tárhely.Eu Kft.
Seat: H-1144 Budapest, Ormánság utca 4.,
Tax number: 14571332-2-42
Telephone: +36 1 789 2789
E-mail: support@tarhely.hu
2. Basic provisions:
In matters not regulated in this GTC and on how this GTC shall be construed, the Hungarian law shall be applicable, with special regard to the relevant provisions of Act V of 2013 on the Civil Code (“the Civil Code”), of Act CVIII of 2001 on Electronic Commerce and on Information Society Services (“EC Act”), of Act XLVII of 2008 on the Prohibition of Unfair Business-to-Consumer Commercial Practices, of Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities, of Government Decree No. 45/2014. (II. 26.) on the Detailed Rules of Contracts between Consumers and Businesses and of National Economic Minister’s Decree No. 19/2014. (IV. 29.) on the Procedures of Enforcing a Guarantee or Warranty Claim related Contracts between Consumers and Businesses.
The parties acting in accordance with the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights.
The binding provisions of the applicable legal regulations shall apply to the parties even without an explicit related provision.
Client means any person who browses the Service Provider’s webpage, registers in the Service Provider’s webshop, buys a service or product of the Service Provider. The Client qualifies as a consumer in case of contracts made between the Client and the Service Provider.
The Hungarian law shall apply to the legal relationship between Service Provider and Clients.
This GTC shall enter into force on December 22, 2020 for an indefinite period of time until revocation.
Service Provider may amend this GTC unilaterally. The amendments shall be published by Service Provider on its website 11 (eleven) days prior to their entry into force. By using the website, Clients accept all regulations pertaining to the usage of the website as binding upon themselves.
If Clients enter or register at the website operated by Service Provider, they accept the terms of the GTC as binding upon themselves. If Clients do not accept the terms, they shall not be entitled to access the content of the website.
The website of Service Provider is under the protection of copyright, the copyright holder is Service Provider, who reserves all rights related to the website, any part of it and any content of it, as well as the publication of the website. The contents of the website or any part of them may be downloaded, electronically stored, processed and sold exclusively with Service Provider’s written consent.
3. Registration / Purchase
By registering / purchasing at the website, Clients declare that they have read and accepted the terms and conditions of the Privacy Notice published on the website and consent to the processing of their data.
Clients shall provide their own real data in the course of registration / purchase. If unreal data or data connected to a different person have been provided at registration / purchase, the concluded electronic contract will become null and void. Service Provider shall not be liable if Clients use its services in the name of somebody else, using data other than theirs.
Service Provider shall not be liable for any delay in delivery, other problem or defect resulting from wrong and/or inaccurate data provided by Client.
Service Provider shall not be liable for any damages resulting from the fact that a Client has forgotten his/her password or it has become accessible by unauthorized persons for reasons not attributable to Service Provider.
The data recorded earlier may be changed after logging in the website. Service Provider shall not be liable for any damages or defects resulting from the fact that Client has changed the registered data.
4. Participation Requirements
4.1 The Website is not directed to persons under eighteen years of age. By using the Website or registering as a Registered User, you are representing that you are eighteen years of age or older.
4.2 Physical and mental Health requirements
All Registered Users use the Website and its trainings, tasks, and advices at her/his own risk.
Anytime a User follows any of the Website’s trainings, (s)he must be in good health. If you have any known pre existing illnesses or health conditions, please first consult a physician before you begin to use the Website’s trainings. This is particularly important if you suffer from any cardiovascular conditions, spinal and/or joint problems, or other health limitations that limit your athletic performance.
Please do not use the Website’s trainings if, for example, you experience considerable pain, general malaise, shortness of breath, nausea, or dizziness. In such cases please consult your physician before you begin or continue to use the Website’s trainings.
When the User performs the tasks in the “body”, “beauty” or “mind” section of the Subscription or in any other learning material of the Website, it is necessary to be in good mental health. If you have a pre-existing diagnosed psychiatric problem, please first consult your psychologist / psychiatrist before beginning the task.
Please do not use the tasks presented in the Website if you feel mentally disturbed, have unpleasant feelings during them; your general well-being will be bad during the exercises; breathing problems occur; you start to feel nauseous or have a headache. In such cases, consult your psychologist / psychiatrist before proceeding with the tasks presented in the Website.
5. Products and services offered for purchase
The products presented can exclusively be ordered online. The indicated prices of the products are in USD, they include the VAT required by the law, but they do not include delivery costs. No additional packaging cost is charged.
In the webshop Service Provider shall provide the name, detailed description and photo of the products. The actual detailed product characteristics are included in the Client manual enclosed with the given product. The images on the data sheet of the products may be different from the real products, they serve illustrative purposes. We shall not be liable for any differences between the actual appearance of the product and its photo in the webshop.
If there is a special discount, Service Provider shall inform Clients about it, indicating its exact expiry, too.
If, in spite of Service Provider’s caution, an incorrect price is indicated on the site of the webshop, with special regard to obviously wrong prices – e.g. ones that significantly differ from the commonly known, generally accepted or estimated price of the product, or prices like “USD 0” or “USD 1” occurring due to a system error – Service Provider cannot be obliged to deliver the product at the incorrect price, but may offer delivery at the correct price, and the Client, having become familiar with the correct price, may then cancel the purchase.
In the case of an incorrect price, there is a significant disproportion of value between the actual and the indicated prices of the product, which an average consumer is expected to notice immediately. Act V of 2013 on the Civil Code states that contracts are concluded upon the mutual and congruent expression of the parties’ intent. If the parties cannot agree on the contractual conditions, that is, they do not have a declaration expressing their intents in a mutual and congruent way, there is no actual, validly concluded contract creating rights and obligations. Based on it, an order confirmed at an incorrect price shall be regarded as a contract being null and void.
Products and Services purchased from the website may not be re-sold commercially without the Service Provider’s prior written consent.
6. Process of ordering
Clients may start purchasing products after registration and logging in the webshop or even without registration.
Clients set the quantity of the product(s) to be purchased.
Clients add the selected products to their cart. Clients can see the content of the cart at any time by clicking on the “cart” icon.
If Clients would like to add further products to their cart, they select the button “continue buying”. If they opt not to buy further products, they should check the quantity of the products to be purchased. Clients can empty their cart by reducing the quantity to zero. In order to confirm the quantity, Clients must click on the icon “update cart”.
Clients can finish the process of ordering by pressing “continue to check-out”.
Clients then provide the invoicing data and the type of payment/invoicing, which may be the following:
Payment types:
– Payment by bank card through our third-party payment processor (Stripe): Clients will be redirected to our partner’s website. Service Provider does not manage bank card data. The bank card data is needed only for the payment service provider bank.
– Subscription through our third-party payment processor (Stripe): Service Provider does not manage bank account nor bank card data. The bank account and bank card data is needed only for the payment service provider.
Delivery cost: Delivery fees may vary depending on the delivery address for your order.
If there is a mistake or a deficiency related to the products/services or the prices in the webshop, we reserve the right to correct it. In such cases – if a Client already ordered a service or product – the Service Provider will inform the Client on the new data immediately after having recognized and corrected the error. Afterwards Clients may re-confirm their order or withdraw from the contract.
The final amount to be paid includes all costs based on the summary of the order and the confirmation mail. The invoice is included in the package. Upon delivery, Clients shall examine the package in the presence of the carrier and they shall ask for a report to be made if the product or the package is damaged, and Clients will not be obliged to take over the package if it is damaged. Service Provider will not accept any subsequent complaint without a report. If Clients have any questions concerning the delivery of the packages, they should contact the delivery service company.
Having provided the required data, Clients can send their orders by clicking the button “Send order”, prior to which, however, they can check the data provided again and they can also send us comments on the order or other whishes related to the order by email.
By sending the order, Clients acknowledge that it has created a payment obligation for them and rendered their offer binding on them.
Correcting wrongly entered data: Before closing the process of order, Clients have the possibility to return to the previous stage, where they can correct the data entered. In detail: In the course of placing orders, the content of the basket may be checked or modified; if the cart does not contain the desired quantity, Clients can change the quantity of the ordered product and then click up the button “update cart”. If Clients wish to delete the products in the cart, they can do it by reducing the quantity to zero. In the course of placing orders, Clients may continuously correct/delete the data entered.
Having sent the order, Clients receive a confirmation email. If Clients do not receive this confirmation within a period expectable on the basis of the nature of the service but within 48 hours following the sending of the order at the latest, Clients will be released from their being bound by their offer or contractual obligation. The order and its confirmation may be considered as received by Service Provider or Client, respectively, if it becomes accessible by them. Service Provider excludes its liability to provide confirmation if the confirmation does not arrive in time because Clients have provided an incorrect email address during their registration or they cannot receive further mails because their email account is full.
6.1 Payment periods and subscription
6.1.1 Different payment periods are available in case the User chooses to purchase the Beautyrobic Subscription. This means different fee will occur depending on the time period the User wishes to recourse.
(For instance, a different fee will apply for a month’s availability, than for a 6 months and a year’s availability.)
The different payment periods with different options are available at the webshop site of the Beautyrobic subscription during the payment phase.
Fees for the Subscription’s Services are collected in advance for the applicable payment period.
Subscription means that after the end of the payment period our third-party payment processor (Stripe) will automatically charge again the same fee what the User paid at first time (except the case, when Service provider rises the fee, as described below), and the Subscription’s Services will be available again for the same time period. This method will repeat until the termination of the services by either party.
The fee for the Subscription’s Services will be collected in advance at the beginning of the applicable renewal term.
The renewable subscription is the basic adjustment, however Users may opt out of the automatic renewal of subscription at any time by choosing the appropriate settings in their account at the Website. You may cancel your subscription at any time, for any reason, by following the instructions on the Website (available at the FAQ section of the Subscription’s Main Page).
The Service Provider does not have any influence on the technical details of opting out of the automatic renewal of subscription, you are responsible to cancel your subscription in time. Therefore the Service Provider excludes its liability for problems concerning out of the automatic renewal of subscription.
Attention: To unsubscribe, you must always make the appropriate unsubscribe settings in your account registered at the Website by purchasing the Beautyrobic subscription.
The Service Provider reserves the right to increase the fees for the payment periods. The Service Provider notifies the User in advance as follows: it sets a message in the Subscription 30 days before the date of the fee increase.
The User may refuse the fee increase by cancelling the subscription. If the User does not cancel her/his subscription during this period, it will be considered as acceptance of the fee increase, and the higher period fee will be deducted before the new payment period.
Once again, please note that you have to set up your unsubscribing in your account at the Website.
In case a User wants to change the payment period, and use a different payment period in the future, the Service Provider advises to check the renewal time before making changes. The Service Provider excludes its liability for problems concerning changing the payment period.
6.1.2. Failed payments of subscription
If the recurring payment is declined for reasons for which the User is responsible (e.g., because the amount paid is not covered by funds in the User’s bank account or because the limit of her (his) credit card has been exhausted), the Service Provider refuses to provide the Subscription’s Services further.
If the User finishes a payment at a later time, a new payment period will start.
7. Processing and executing orders
Service Provider shall issue an electronic invoice according to the Hungarian laws and regulations for Client to confirm the details of the expected payment, and shall send it to the email address given by Client.
Service Provider shall issue an electronic invoice according to the Hungarian laws and regulations for Client to confirm the details of the expected payment, and shall send it to the email address given by Client. The Client is making a legally binding offer for purchase with placing the order. If the Service Provider confirms it with an electronic invoice, a sale and purchase agreement will be created between the Service Provider and the Client.
Orders are processed during the office hours. An order may also be sent outside of the period specified above; if it takes place after the office hours, the given order will be processed the following workday.
The Service Provider shall place the thing at the Client’s disposal without delay after the confirmation (issue of the electronic invoice, which is basically the date of the conclusion of the sale and purchase agreement), but within thirty days at the latest.
On the basis of sale and purchase agreements, Service Provider shall transfer ownership of the thing, while Clients shall pay the purchase price and take over the thing.The risks concerning the ordered product shall pass to the Client when (s)he or a third party named by the Client has acquired the physical possession of the thing. If Service Provider fails to perform its contractual obligations, because the product specified in the contract is not at its disposal, Service Provider shall inform Client about it immediately and shall refund the money paid by Client immediately.
7.1 Term of the Subscription’s Services
The contract between the User and the Service Provider is valid for the already paid payment period, and is always valid for the renewed payment periods.
The User can terminate the contract any time without giving reasons for the end of the payment period by cancelling the automatic renewal of subscription by following the instructions on the Website.
The Service Provider can terminate the contract any time without giving reasons for the end of the payment period. In the event of any violation of the provisions of this GTC, the Service Provider will have the right to instantly terminate the agreement.
8. The Website’s Services
8.1. Inside the Website, there are several features, concerning the aspects of women’s health, for instance, beauty, body, mind, etc. The features can be training materials, including videos, audio trainings, personal notifications concerning the frequency of the User’s training sessions, meditational materials, relaxing music, educational materials related to body and mind health.
The Service Provider makes no representations or warranties that by using the chosen training material, the User will reach her (his) workout goal or achieve any other results; or by the tasks provided inside the Website she/he achieves her/his goals in the field of personality development or beauty care. When using the training materials, the User will be shown workout instructions (e.g., for certain exercises and workouts).
The User must follow those instructions at all times as otherwise there will be an injury and/or health risk.The Service Provider shall not be liable for any mental or physical problems arising from the improper performance of either the trainings or the tasks by the User.The User is obligated to heed the health notices in Section 4.2.
8.2. The Website’s Services are determined unilaterally by the Service Provider, including the change of the features as well.
8.3. The Service Provider strives to provide the User with uninterrupted operation of the Website’s Services and to make those services available as continuously as possible. The Service Provider advises the Users however that full or uninterrupted availability is technically impossible, and it makes no warranty for uninterrupted operation or any particular availability.
The Service Provider excludes its liability in case an error or malfunction of the internet or Wifi in the smart phone, computer or any other devices of the User makes the Website’s Services unavailable.
8.4. The Service Provider’s understanding of human health and athletic performance is evolving on a continuous basis. This may affect how training materials in the Website are evaluated. Even though training materials are based on current studies and findings, the Service Provider makes no guarantee that the training materials are in conformity with current research results or findings.
8.5. Please note that the User may need certain tools or workout equipment to be able to follow some training materials. Such tools or equipment are not part of the Website’s Services and, if needed, must be purchased separately by the User at her(his) own cost. If the User uses any tools or equipment for exercises, she (he) is fully responsible for making sure that such tools and/or equipment work properly and are installed and/or set up properly.
8.6. No responsibility for third-party content or services
The Website may include links to websites or apps of third-party providers. In some cases, content made available by third parties may be shown or the Website may enable you to use additional services of third parties. The Service Provider strives to design our Website in such a way that this will be readily apparent to the Users. All content and/or services of third-party providers are subject to the applicable terms, conditions, and rules of such third-party providers. The Service Provider hereby expressly disclaims any responsibility or liability for content or services of third parties.
9. Rights and Obligations of the User
9.1. The Website’s Services are offered exclusively to consumers.
This means the Users should not use the Website’s Services for business or other commercial purposes. To the extent necessary for achieving the contractual purpose, the Service Provider hereby license to the User a non-exclusive, non-transferable right to use the copyright-protected content for non-commercial purposes in accordance with the terms of this GTC. Licensed rights will lapse if and when the Registered Users no longer have access to the Account at the Website (e.g., after the subscription has been terminated by either party).
9.2. The User should not allow any third parties to use her (his) user account, and not permitted to
– to save the content of the Website and certain parts thereof on physical or other data carriers, store them in a database, transmit them, make them available for download or download and place them on the market;
– allow any third parties to access or perceive the Website’s Services, e.g., an undefined group of people by using the services in a public area (e.g., movie theaters, theaters, exhibitions, showrooms, hotels, bars, restaurants, or other public areas);
– make accessible or transfer to any third parties access data transmitted or used for authentication or identification purposes;
– circumvent any access control systems for paid services or take any other action to use services without authorization;
– introduce into the Service Provider’s IT systems any viruses, worms, Trojan horses, or other malware that may jeopardize or impair the functionality of the Website’s Services; or
– transfer or assign any rights or obligations under her (his) contract with the Service Provider to any third parties.
10. Right of withdrawal
Pursuant to Directive 2011/83/EU of the European Parliament and of the Council and Government Decree No. 45/2014. (II.26.) on the Detailed Rules of Contracts between Consumers and Business Parties, the Clients (if they qualify as consumers in accordance with the above mentioned Decree or the relevant Hungarian law (i.e. Ptk.)) may withdraw from the contract and send back the product ordered within 14 days following the receipt of the product ordered. Businesses or persons acting within the scope of their profession, independent occupation or business are not entitled to the right of withdrawal.
The exercise time of the right of withdrawal expires 14 days after the day when the Client or a third party appointed by Client and different from the carrier takes over the product. Client may also exercise his/her right of withdrawal in the period between the conclusion of the contract and the takeover of the product.
In the case of selling and purchasing more than one products, if the products are not delivered at the same time, then the Client may exercise his/her right of withdrawal within 14 days following the day of the receipt of the last product delivered or, in the case of a product consisting of several items or pieces, the last item or piece delivered.
Client may not exercise the right of withdrawal in the case of a product that is not prefabricated, but has been manufactured according to the Client’s instructions or special request or that has been clearly personalized for the Client.The Client may not exercise the right of withdrawal in the following cases, as well:
a) in the case of contracts for professional services, following the performance of the entire service, when the Service Provider commenced performance with the expressed, prior consent of the Client, and the Client acknowledged that, following the performance of the entire service, (s)he will lose the right of termination;
b) perishable or rapidly expiring products;
c) products with sealed packing which cannot be returned after their opening following the receipt, due to health protection or hygienic reasons;
d) products that are inseparably blended with other products due to their nature, following the receipt;
e) audio or video recordings with sealed packing or copy of computer software, where the Client opened the packaging following receipt;
f) digital data content not provided on material data carrier, in case the Service Provider has commenced the performance based on the explicit, prior request of the Client, and the Client, simultaneously with this consent, declared that (s)he had acknowledged that (s)he would lose the right of withdrawal following the commencement of the performance.
The process of exercising the right of withdrawal
If Client wishes to exercise the right of withdrawal, (s)he shall send a related notification to the Service Provider via one of the contacts provided at the beginning of this GTC.
The Client must exercise his/her right of withdrawal if (s)he sends his/her notice of withdrawal within 14 days following the receipt of the product. In the case of withdrawal in writing, it is sufficient to send only the notice of withdrawal within 14 days. In the case of sending it by regular mail, it is the day of dispatch, while in the case of withdrawals communicated on the phone, it is the day of communication, and doing the same by email or by facsimile, it is the day of sending the email or the fax which shall be taken into consideration.
Client shall return the ordered product to Service Provider by regular mail or through a courier service.
Client shall return or take back the products to the address of the Service Provider without unreasonable delay but no later than within 14 days following the sending of his/her notice to Service Provider. Client complies with the deadline if (s)he sends / dispatches the product before the deadline (i.e., the package does not have to arrive to the Service Provider within 14 days, but the Client should have obtain the proof that she/he sent the package within 14 days). Client shall bear only the direct costs of returning the product.
The Client shall exclusively be liable for the depreciation resulting from usage exceeding the use necessary to determine the nature, characteristics and operation of the product.
Following the return of the product / receipt of the notice of withdrawal, Service Provider, in compliance with the above statutes, shall reimburse the paid amount to Client immediately, but within 14 days at the latest, including the original cost of delivery, too.
In the course of reimbursement, the Service Provider apply the same payment method as the one applied originally, except when Client gives his/her explicit consent to the application of another payment method;
Client shall not bear any additional costs resulting from the application of this reimbursement method.
If the Client used an application originally, and it is not possible to reimburse the money via the same application, the Client shall provide her/his bank account number so the Service Provider can use that for the reimbursement.
With respect of the cost of the original delivery, the Service Provider is not obliged to reimburse to Client any additional costs which result from choosing a different delivery method by the Client from the normal cheapest carriage method offered by Service Provider.
Service Provider may retain the reimbursement until it has received the product(s) or Client has provided evidence regarding the fact that (s)he has returned it/them, whichever is the earliest.
Client may also contact Service Provider in case of any other complaints via the contact details included in this GTC.
Guarantee, warranty
10.1. Defective performance
Service Provider’s performance is defective if at the time of the performance, the service did not meet the quality requirements set forth in the contract or by the law. Service Provider’s performance is not defective if Client was or should have been aware of the defect at the time of entering into the contract.
10.2. Liability for material defects
In case of Service Provider’s defective performance, Client may claim for liability for material defects of the product that already existed at the time of the takeover of the product for 2 years following takeover. The rights to claim for liability for material defects may not be exercised if this limitation period of two years has passed.
Client may choose to request for the product to be repaired or replaced unless it is impossible to carry out the chosen action or it would cost Service Provider disproportionately higher than another option. If Client did not or could not request repair or replacement, (s)he can ask for a proportionate discount of the counter-value of the product or Client may fix the defect or have it fixed at Service Provider’s expense or – finally – may withdraw from the contract. Client may not withdraw from the contract due to a minor defect.
Client may also shift from the type of claim chosen earlier for another one, however, (s)he shall bear the costs of this shift unless it was justifiable or it was suggested by Service Provider.
Client shall inform Service Provider of the defect immediately after noticing it but not later than two months following the discovery of the defect.
Client shall certificate that (s)he purchased the product from Service Provider (by presenting the invoice or its copy). In this case Service Provider will be released from the liability to material defects if it rebuts this presumption, i.e., it proves that the defect of the product occurred after the product had been handed over to Client. If Service Provider can prove that the defect was the result of a cause imputable to Client, Service Provider will not be obliged to satisfy the customer’s warranty claim. However, once six months has passed since the performance, it is Client who has to prove that the defect identified by him/her already existed at the time of performance.
If Client enforces his/her warranty claim for a separable part of the product – from the point of view of the indicated defect – the claim will not be considered as enforced for the remaining part of the product.
10.3. Product warranty
In case of the defect of the product (movable property), a Client qualified as a consumer may choose between exercising claim for liability for material defects and enforcing product warranty rights, but not both at the same time. In the case of a successful enforcement of a product warranty claim, the Client may claim for the liability for material defects of the replaced or repaired part of the product against the manufacturer. Either the producer or the distributor of the product qualifies as the manufacturer.
Under a product warranty claim, Client may exclusively request for the defective product to be replaced or repaired. In the case of a product warranty claim, it is Client who must prove that the product is defective. The product shall be deemed defective if it does not meet the quality requirements in effect at the time of its launch on the market or it does not comply with the specifications provided by the manufacturer. Clients can enforce their product warranty claims within two years following the date of the launch of the product on the market by Service Provider. Client shall inform the manufacturer about the defect without delay, immediately after noticing it. A defect communicated within two months following its discovery shall be deemed as notification without delay. Client shall be liable for any damages or losses resulting from delayed notification.
Service Provider shall be released from its obligation connected to product warranty claims if it can prove any of the following:
Service Provider manufactured or marketed the product in the course of operations other than its business activity, orthe state of scientific and technical knowledge at the time when the product was launched on the market did not make it possible to discover the defect, or the defect of the product was caused by the application of a regulation or a mandatory regulatory provision of the authorities.
10.4. Guarantee
Pursuant to Government Decree No. 151/2003 (IX.22) on Mandatory Guarantee Related to Certain Client Durables, in the case of a defective performance, Service Provider shall provide a guarantee if Client qualifies as a Client.
The Client, under his/her guarantee claim, may choose torequest for the product to be repaired or replaced within 5 workdays following the receipt of the product, notifying Service Provider via any of the contacts specified in this GTC unless it is impossible to carry out the chosen action or it would cost Service Provider disproportionately higher than another option, considering the value of the service in a defect-free condition, the seriousness of the breach and the damage caused to the interest of the Client by exercising the right for guarantee; orrequest the counter-value of the product to be reduced proportionately, fix the defect or have it fixed at the Service Provider’s expense or withdraw from the contract if the Service Provider did not or could not repair or replace the product or the Client is no longer interested in the repair or the replacement of the product. Client may not withdraw from the contract due to a minor defect.
Repairs or replacements shall be carried out – considering the characteristics of the product or its reasonably intended usage by the claimant – within proper time and by taking the claimant’s interests into consideration.
Service Provider is released from its obligations regarding the guarantee only if it proves that the cause of the defect occurred after performance. We draw the Client’s attention to the fact that regarding the same failure, the Client cannot file a claim for both the liability for material defects and a product warranty at the same time in parallel with each other, otherwise, however, the Client is entitled to the rights resulting from the guarantee regardless of the rights described in the chapters concerning product warranty and liability for material defects.
Service Provider shall not be liable for providing guarantee for damages resulting from normal wear and tear beyond the warranty period (professionally expected lifetime).
Furthermore, Service Provider shall not be liable for providing guarantee or warranty for damages caused by wrong or negligent handling, following the transfer of risk, excessive use and exposures other than those defined or other misuse of the products.
If the Client enforces a claim for replacement due to the defects of the Client goods within three workdays following purchase (putting into service), Service Provider will be obliged to replace the Client goods, provided that the defects prevent proper use.
10.5. Procedure of enforcing a warranty claim
It is the obligation of the Client to prove the conclusion of the contract (with an invoice or only with a receipt).
The costs incurred in connection with the fulfillment of guarantee obligations shall be borne by Service Provider. (Section 6:166 of the Civil Code).
Service Provider shall make an official damage report concerning the warranty or guarantee claim received from the Client.
The Client shall immediately be provided with the copy of the report by means that can be certified.
If Service Provider cannot declare at the time of its notification whether the warranty or guarantee claim of the Client can be satisfied, it shall notify the Client about its position within five business days by means that can be certified, and also about the grounds for dismissal and the possibility to appeal to the conciliation board, in case of the dismissal of the claim.
Service Provider shall keep the damage report for three years following the day when it was made, and upon request, it shall present it to the controlling authority.
Service Provider shall strive to perform the repair or replacement within fifteen days at the latest. Procedure of complaint handling It is the aim of our store to perform each order in proper quality and for the complete satisfaction of our clients. In case Client still has any complaint in connection with the contract or its performance, (s)he can make a complaint via the above phone number, email or postal address.
Mail: Hungary, 1033 Budapest, Búza utca 10. IV. em /38.
Phone: +36 30 524 4951
Email: info@beautyrobic.com
Service Provider examines verbal complaints immediately, and resolves them as needed. In case the Client does not agree with the handling of the complaint, or the immediate examination of the complaint is not possible, Service Provider shall make an official report on the complaint and Service Provider’s related position and shall send a copy of it to the Client together with sending its reply on the merits at the latest. In case of complaints made via phone, the Service Provider send the official report with the written answer at latest, and proceed the same way as it is written in the part concerning complaints made via postal address. Service Provider shall reply to written complaints in writing within 30 days. It shall give reasons if it dismisses the complaint. Service Provider shall keep the report of the complaint and a copy of the related reply for five years, and, upon request, it shall present it to the controlling authority.
We inform you that, in case of the dismissal of your complaint, you can initiate proceedings with the authority or the conciliation board as follows:
Clients (who qualify as a consumer) may file a complaint with the consumer protection authority:
Pursuant to Government Decree No. 387/2016. (XII. 2.) on the Appointment of Consumer Protection Authorities, in the case of regulatory matters of public administration, the first instance authority to proceed is the local district authority or the district authority of the county seat, while on appeal it is the Budapest Metropolitan Government Office having nationwide competence.
The contact data of the district authorities:
http://jarasinfo.gov.hu
In case of foreign customers, please contact the Hungarian Authority for Consumer Protection
Hungarian Authority for Consumer Protection
HU-1088 Budapest, Váci út 6
Tel.: +36 14 59 48 00
Fax: +36 12 01 46 77
E-mail: nfh@nfh.hu
You can also contact the European Consumer Centre Hungary
European Consumer Centre Hungary
HU-1088 Budapest József körút 6
Tel.: +36 14 59 48 32
Fax: +36 12 10 25 38
E-mail: info@magyarefk.hu
You can find a link collection to most national consumer protection authorities’ webpage in this link. You will have to search for your country’s english name on the right side of the page. If Clients have a complaint (related to product’s quality, safety, warranty, the concluding and serving of the contract) they also have the possibility to file a complaint with the conciliation board.
The contact details of the conciliation board located in the capital are the following:
Budapest Conciliation Board
Address: HU-1016 Budapest, Krisztina krt. 99.
Tel: +36 (1) 488-2131
Fax: +36 (1) 488-2186
Name: Dr György Baranovszky
E-mail: bekelteto.testulet@bkik.hu;
The competence of the conciliation board covers the out-of-court settlement of consumer disputes. The duty of the conciliation board is to attempt to reach an agreement between the parties in order to settle the consumer dispute, and if it proves to be unsuccessful, it shall render a decision in the case in order to ensure the simple, fast, efficient and cost-effective enforcement of consumer rights. Upon the request of the Client or Service Provider, the conciliation board shall provide advice regarding the rights and obligations of the Client. If Clients have a complaint, they also have the possibility to use the online dispute resolution platform of the European Union. The use of the platform requires a simple registration in the system of the European Commission by clicking here. Then Clients can file their complaint via the following website: http://ec.europa.eu/odr
Service Provider shall cooperate in the procedure of the conciliation board. In that context, Service Provider is obliged to send its response to the conciliation board and ensure the presence of a person authorized to make agreements at the hearing. In case the registered seat or branch office of the Service Provider is not registered in the county where the competent chamber operating the conciliation board is located, the Service Provider’s obligation to cooperate covers the offer of the possibility of a written agreement complying with the needs of the Client. If the Client does not file a complaint with the conciliatory board or the procedure was unsuccessful, the Client may initiate an action before the court in order to settle the legal dispute. The action shall be initiated by a statement of claim, including the information according to the Act CXXX of 2016 on civil procedure.
11. Data protection
The Privacy Policy of the website is available here: https://beautyrobic.com/privacy-policy/
12. Miscellaneous provisions
Service Provider may employ subcontractors or agents to perform its obligations. Service Provider is fully liable for any of their unlawful conduct as if Service Provider itself had carried it out.
In case any part of this GTC becomes invalid, unlawful or unenforceable, it shall not affect the validity, lawfulness or enforceability of the remaining parts.
If Service Provider does not exercise its rights conferred by this GTC, the failure to exercise it shall not constitute a waiver of that right. The waiver of any right is valid exclusively if it is expressly declared in writing. The fact that Service Provider once does not strictly insist on any essential term or provision of this GTC does not mean that Service Provider has waived the right to insist on strict compliance with the given term or provision in the future.
Service Provider and Client shall strive to settle their disputes amicably.
