The contract created based on this document will not be recorded (it is not accessible afterward; the conclusion of the contract is evidenced by the order data), it is established by implied behavior, does not qualify as a written contract, is written in Hungarian, and does not refer to any code of conduct. In case of questions regarding the operation of the webshop, the ordering, and delivery process, we are available at the provided contact information.
This GTC applies to legal relationships occurring on the Service Provider's website (https://qreme.hu/ and https://qremecosmetics.com) and its subdomains. This GTC is continuously available (and downloadable, can be printed at any time) from the following webpage: https://qremecosmetics.com/aszf.
User: Any natural person, legal entity, or organization that uses the Service Provider's services and enters into a contract with the Service Provider.
Consumer: A User who acts outside the scope of their profession, independent occupation, or business activity.
Business: A person acting within the scope of their profession, independent occupation, or business activity.
Service Provider: A natural or legal person or organization without legal personality that provides services related to the information society, who provides services to the User and enters into a contract with the User.
1. SERVICE PROVIDER DATA
Provider name: Qreme Cosmetics Kft.
Provider headquarters: 1011 Budapest, Jégverem utca 6.
Provider contact (email address): info@qremecosmetics.com
Provider company registration number: 01-09-414241
Provider tax number: 32250503-2-41
Name of the registering authority: Budapest Court of Registration
Provider phone number: +36 70 502 0118
Language of the contract: Hungarian
Hosting provider and contact: Jusztinn Web-Tech Kft. (info@netraptor.hu)
2. BASIC PROVISIONS
2.1. In matters not regulated by these GTC, as well as the interpretation of these GTC, Hungarian law is applicable, particularly the provisions of Act V of 2013 on the Civil Code (“Ptk.”) and Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society, as well as Government Decree 45/2014 (II. 26.) on detailed rules of contracts between consumers and businesses. Relevant sector-specific legal provisions apply to specific products. The mandatory provisions of the applicable laws are binding on the parties without special stipulation.
2.2. These GTC are effective from February 23, 2024, and remain in effect until revoked. The Service Provider will publish any amendments to these GTC on the website and will notify registered or previously purchasing Users of the changes via email. The amendments do not affect contracts concluded earlier, meaning that the amendments have no retroactive effect.
2.3. The Service Provider reserves all rights regarding the website, any of its details, and the content appearing on it, as well as the distribution of the website. It is prohibited to download, electronically store, process, or sell the content or any part thereof appearing on the website without the written consent of the Service Provider (except for this document and the data protection notice).
2.4. The Service Provider is not responsible for the sale and purchase of products published on other websites not operated by the Service Provider.
3. PURCHASE
3.1. In case of false or other person-related data provided during the use/order/subscription of the service, the resulting electronic contract may be challenged in court by the entitled party. As a result of a successful challenge (winning the lawsuit), the contract becomes invalid from the time of its conclusion, or if it conceals another contract, the rights and obligations of the parties shall be assessed based on the concealed contract.
3.2. The Service Provider is not liable for any delivery delays or other problems resulting from inaccurate or incorrectly provided data by the User. However, the Service Provider informs Users that after consultation with the User and clear identification, it may correct inaccurately entered data in the order to ensure that invoicing and delivery are not obstructed.
3.3. The Service Provider is not liable for damages arising from the User forgetting their password or becoming accessible to unauthorized persons for any reason not attributable to the Service Provider (if there is registration on the site).
4. PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE AND PRICES
4.1. The displayed products can be ordered online from the webshop (in certain cases, by phone). The prices displayed for the products are in HUF/EUR, gross prices (thus including the legally prescribed VAT), but do not include shipping and payment-related fees. No separate packaging costs will be charged, unless the User requests decorative or other special packaging.
4.2. The Service Provider provides detailed information about the product name, description, and displays a photo of the products in the webshop.
4.3. If a promotional price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration. The Service Provider acts lawfully when determining promotional prices, in accordance with the detailed rules regarding the display of the selling price and unit price of the products, as well as the fees for services, outlined in the joint decree 4/2009. (I. 30.) NFGM-SZMM.
4.4. If, despite all diligence, a price appears on the Webshop interface for which the Service Provider has no intention of entering into a contract, the Service Provider is not obliged to confirm the order at that price but has the option to reject the offer and may propose confirmation at a price it deems appropriate, which the User has the right to refuse.
According to Act V of 2013 on the Civil Code (Ptk.), the contract is established by the mutual and consistent expression of the parties' will. If the parties cannot agree on the contractual terms, meaning there is no statement mutually and consistently expressing the will of the parties, then we cannot speak of a validly concluded contract from which rights and obligations would arise.
5. ORDERING PROCESS
5.1. The User can start shopping without registration.
5.2. The User sets the quantity of the product(s) they wish to purchase.
5.3. The User places the selected products in the cart. The User can view the contents of the cart at any time by clicking on the "cart" icon.
5.4. If the User does not wish to purchase any further products, they verify the quantity of the product they wish to buy. By clicking on the "delete - X" icon, they can remove the contents of the cart. To finalize the quantity, the User clicks on the "+/-" icon.
5.5. The User provides the shipping address and then the shipping/payment method.
5.5.1. Payment methods:
- Card payment with Barion: online card payments are processed through the Barion system. The card details are not transmitted to the merchant. The service provider Barion Payment Zrt. is an institution under the supervision of the Hungarian National Bank, with license number: H-EN-I-1064/2013.
- Cash on delivery payment is available (only in Hungary) for certain shipping methods (depending on the delivery company, cash and/or card), for which we charge a handling fee of gross HUF 890.
5.5.2. Shipping costs (gross amounts given in HUF):
- Foxpost machine (Hungary): HUF 1,690
- MPL machine (Hungary): HUF 1,690
- GLS home delivery (Hungary): HUF 2,690
- Home delivery (European Union): HUF 6,000
- Home delivery (USA, Canada, United Arab Emirates, Australia): HUF 15,000
5.6. The total amount payable includes all costs based on the order summary and confirmation letter. According to Section 6:127 of the Civil Code, the User is obliged to verify without delay whether the quality and quantity of the ordered product(s) are appropriate. The delivery of the product(s) takes place on weekdays between 8 AM and 5 PM.
5.7. After entering the data, the User can send their order, but can double-check the entered information once more and can also send a note with their order, or inform us of any other order-related requests via email.
5.8. By placing the order, the User acknowledges that according to Section 15 of Government Decree 45/2014. (II. 26.) and other conditions (e.g., Section 20), a payment obligation arises from the order.
5.9. Correction of data entry errors: The User can always go back to the previous phase before finalizing the order process to correct the entered data.
5.10. After sending the order, the User receives a confirmation via email. If this confirmation does not arrive within the expected timeframe dependent on the nature of the service, but no later than 48 hours after the User has sent the order, the User is exempt from the binding offer or contractual obligation. The order and its confirmation are considered to have arrived at the Service Provider and the User when they become accessible to them. The Service Provider excludes its liability for confirmation if the confirmation does not arrive on time because the User provided a wrong email address during registration or cannot receive messages due to the storage capacity of their account being full.
5.11. The User acknowledges that the confirmation discussed in the previous point is merely an automatic confirmation and does not constitute a contract. The contract is established when the Service Provider, following the automatic confirmation mentioned in the previous point, informs the User of the details of the order and the expected fulfillment in a new email.
6. PROCESSING AND FULFILLMENT OF ORDERS
6.1. Orders are processed during business hours. Orders can be placed outside the designated processing times; if placed after business hours, they will be processed on the following business day. The Service Provider will electronically confirm when it can fulfill the order.
6.2. The general fulfillment deadline is within 1-5 business days from the conclusion of the contract.
6.3. Under the sales contract, the Service Provider is obliged to transfer ownership of the item, and the User is obliged to pay the purchase price and take possession of the item.
6.4. If the seller is a business and the buyer is a consumer, and the seller undertakes to deliver the item to the buyer, the risk of loss passes to the buyer when the buyer or a designated third party takes possession of the item. The risk of loss passes to the buyer when it is handed over to the carrier, provided that the carrier was appointed by the buyer and not by the seller.
6.5. In the event of a delay by the Service Provider, the User is entitled to set a supplementary deadline. If the seller does not fulfill within the supplementary deadline, the buyer is entitled to withdraw from the contract.
6.6. The User is entitled to withdraw from the contract without setting a supplementary deadline if:
a) the Service Provider has refused to fulfill the contract; or
b) the contract should have been fulfilled at the specified time according to the parties' agreement or the recognizable purpose of the service - and not at another time.
6.7. If the Service Provider fails to fulfill its obligations under the contract because the product specified in the contract is not available, it is obliged to inform the User immediately and to refund the amount paid by the User without delay. Additionally, the Service Provider must ensure that the User can exercise any other rights provided by law in the case of defective performance.
6.8. The Service Provider draws the Users' attention to the fact that if the User does not accept the product(s) ordered, which has been performed in accordance with the contract (regardless of the payment method), it commits a breach of contract and, according to § 6:156 (1) of the Civil Code, it is considered to be in default.
This means that the Service Provider, according to the rules of unauthorized management, - if the Consumer does not indicate their intention to withdraw (and does not declare whether they wish to accept the ordered product(s)) - will enforce the usual costs of storage related to the product(s) and the shipping costs (both ways) against the Users.
The Service Provider informs the Users that in order to enforce the legal claims arising from this, it will use the assistance of a claims manager and/or lawyer, thus the payment of other (legal) costs arising from the breach of contract (including the fees for the payment order procedure) will also be the responsibility of the User.
7. RIGHT OF WITHDRAWAL
7.1. According to the regulation of Directive 2011/83/EU of the European Parliament and of the Council, as well as Government Decree 45/2014 (II.26.) on detailed rules of contracts between consumers and businesses, the Consumer is entitled to a right of withdrawal without justification.
The consumer may exercise the right of withdrawal or termination
- in the case of a contract for the sale of goods, from the receipt of the goods,
- in the case of multiple goods sold, if the supply of individual goods occurs at different times, from the last supplied good,
- in the case of goods consisting of multiple lots or pieces, from the last supplied lot or piece,
- if the goods are to be supplied regularly within a specified period, from the first delivery,
within fourteen days from the day of receipt by the consumer or by a third party designated by them, who is not the carrier. If the Service Provider fails to comply with this notification, the 14-day withdrawal period will be extended by twelve months. If the Service Provider provides the notification within twelve months after the expiry of the 14 days from the day of receipt of the goods or from the conclusion of the contract for the provision of services, the withdrawal period shall be 14 days from the receipt of this notification.
7.2. The Consumer may exercise the right of withdrawal by means of a clear declaration or through the model statement defined in Annex 2 of Government Decree 45/2014 (II.26.).
7.3. The time available to exercise the right of withdrawal expires 14 days after the day on which the Consumer or a third party designated by them, who is not the carrier, takes possession of the product.
7.4. The Consumer may also exercise the right of withdrawal during the period between the conclusion of the contract and the day of receipt of the product.
7.5. The direct costs of returning the product shall be borne by the Consumer; the business did not undertake to bear these costs.
7.6. In the case of exercising the right of withdrawal, the Consumer shall not incur any costs other than the direct cost of returning the product.
7.7. The Consumer is not entitled to the right of withdrawal in the case of a product that is not pre-manufactured, which has been produced at the Consumer's request or at their express request, or in the case of a product that is clearly personalized to the Consumer.
7.8. The Consumer also cannot exercise their right of withdrawal (the full list of exceptions according to the regulation):
- in the case of a contract for the provision of services after the full performance of the service; however, if the contract creates a payment obligation for the consumer, only if the performance has started with the express prior consent of the consumer and the consumer has acknowledged that they will lose their right of withdrawal as soon as the business has fully performed the contract;
- in respect of goods or services where the price or fee depends on fluctuations in the financial market which cannot be controlled by the business within the period defined in § 20 (2);
- in the case of goods that are not pre-manufactured, which have been produced at the request of the consumer or at their express request, or in the case of goods that are clearly personalized to the consumer;
- in respect of perishable goods or goods that maintain their quality for a short period;
- in the case of goods in sealed packaging which, for health protection or hygiene reasons, cannot be returned after the package has been opened;
- in respect of goods which, by their nature, become inseparably mixed with other goods after delivery;
- in respect of alcoholic beverages whose actual value depends on fluctuations in the market which cannot be controlled by the business, and whose price was agreed upon by the parties at the time of the conclusion of the sales contract, however, the performance of the contract occurs only after the thirtieth day from the conclusion;
- in the case of a business contract where the business visits the consumer at their express request for the purpose of carrying out urgent repairs or maintenance work;
- in respect of the sale of sound or video recordings, as well as computer software, if the consumer has opened the packaging after delivery;
- in respect of newspapers, periodicals, and magazines, except for subscription contracts;
- in respect of contracts concluded at public auctions;
- in the case of contracts for accommodation services, except for residential purposes, for transport, for the rental of passenger cars, for catering, or for services related to leisure activities, if a delivery deadline or timeframe has been specified in the contract;
- in respect of digital content provided on a non-tangible medium, if the business has started performance with the express prior consent of the consumer and the consumer has acknowledged at the same time that they will lose their right of withdrawal/cancellation after the start of performance, furthermore, the business has sent confirmation to the consumer according to § 12 (2) or § 18.
7.9. The Service Provider will refund the total amount paid by the consumer as consideration without delay, but no later than fourteen days from the date of becoming aware of the withdrawal, including costs incurred in connection with the performance. At the same time, the Service Provider has the right of retention.
7.10. In the case of refunds, we will use the payment method corresponding to that used in the original transaction, unless the Consumer expressly agrees to the use of another payment method; due to the application of this refund method, the Consumer shall not incur any additional costs.
7.11. The consumer must return the goods without unnecessary delay, but in no case later than 14 days from the sending of the notice of withdrawal from the contract to the Service Provider. If the business also sells the goods in its premises and the consumer exercises the right of withdrawal in person at the business's premises, they are entitled to return the goods to the business at the same time.
7.12. In the case of withdrawal in writing by the consumer, it is sufficient to send the withdrawal statement within 14 days.
7.13. The consumer complies with the deadline if they send back or hand over the product(s) before the end of the 14-day period. The return is considered to be made within the deadline if the consumer sends the product before the deadline expires.
7.14. The consumer is solely responsible for the direct costs of returning the product.
7.15. The Service Provider is not obliged to reimburse the consumer for any additional costs arising from the choice of a delivery method different from the cheapest standard shipping method offered by the Service Provider.
7.16. The Service Provider may withhold the refund until they have received the goods or the consumer has provided evidence that they have returned them: the earlier of the two dates shall be taken into account.
7.17. If the consumer wishes to exercise their right of withdrawal, they may indicate this in writing using any of the Service Provider's contact details (even with the help of the attached form), by phone, or even in person. When notifying by mail, the date of posting is considered, and when notifying by phone, the date of the phone notification is taken into account. The consumer can return the ordered product to the Service Provider by postal mail or courier service.
7.18. The consumer is only liable for any reduction in value resulting from use beyond what is necessary to ascertain the nature, characteristics, and functioning of the product.
7.19. The detailed rules of the contracts between the consumer and the business are available in Government Decree 45/2014. (II.26.) here.
7.20. The European Parliament and Council Directive 2011/83/EU is available here.
7.21. The consumer can also contact the Service Provider with any other complaints using the contact details found in these terms and conditions.
7.22. The right of withdrawal is only granted to users who qualify as consumers under the Civil Code.
7.23. The right of withdrawal does not apply to businesses, i.e., individuals acting within the scope of their profession, independent occupation, or business activities.
7.24. The procedure for exercising the right of withdrawal:
- If the consumer wishes to exercise their right of withdrawal, they must notify the Service Provider of their intention using the Service Provider's contact details.
- The consumer exercises their right of withdrawal within the deadline if they send the withdrawal statement before the 14th day from the receipt of the product. In the case of withdrawal in writing, it is sufficient to send the withdrawal statement within 14 days. When notifying by mail, the date of posting is taken into account; when notifying by email, the time of sending the email is considered.
- In the case of withdrawal, the consumer is obliged to return the ordered product to the Service Provider's address without delay, but no later than 14 days from the notification of the withdrawal statement. The deadline is considered to be met if the product is sent before the 14-day period expires (it does not have to arrive within 14 days). The buyer bears the direct costs incurred in relation to the return of the goods due to the exercise of the right of withdrawal. If the business also sells the goods in its premises and the consumer exercises the right of withdrawal in person at the business's premises, they are entitled to return the goods to the business at the same time.
- However, the Service Provider is not obliged to reimburse the consumer for any additional costs arising from the choice of a delivery method different from the cheapest standard shipping method offered by the Service Provider. The consumer can exercise their right of withdrawal during the period between the day of concluding the contract and the day of receiving the product.
- In the case of multiple products being sold, if the delivery of individual products occurs at different times, the buyer may exercise the right of withdrawal within 14 days from the receipt of the last delivered product or the last item in the case of products consisting of multiple units or pieces.
8. WARRANTY
8.1. Defective performance: The obligated party performs defectively if the service does not meet the quality requirements established in the contract or legislation at the time of performance. The obligated party does not perform defectively if the entitled party knew about the defect at the time of contract conclusion or should have known about it. Any provision in a contract between a consumer and a business that deviates to the disadvantage of the consumer from the provisions regarding warranty and guarantee in this chapter is null and void. A User qualifying as a business is a person acting within the scope of their profession, independent occupation, or business activity.
8.2. In what cases can the User exercise their warranty rights?
The User can assert a warranty claim against the Service Provider in case of defective performance according to the rules of the Civil Code.
8.3. What rights does the User have based on their warranty claim?
The User may choose from the following warranty claims: request repair or replacement, except if fulfilling the chosen claim by the User is impossible or would result in disproportionate additional costs for the business compared to fulfilling another claim. If the User did not request or could not request repair or replacement, they may claim a proportional reduction of the counter-performance or, as a last resort, withdraw from the contract. The User may also switch from one chosen warranty right to another; however, the cost of the transition will be borne by the User unless it was justified or caused by the business. The consumer is also entitled to demand a proportional reduction of the counter-performance or terminate the sales contract, depending on the severity of the breach of contract, if:
- a) the business did not perform the repair or replacement, or did so only partially or not at all, or refused to make the goods compliant with the contract;
- b) a repeated performance defect has occurred despite the business's attempt to make the goods compliant with the contract;
- c) the defect in performance is so severe that immediate price reduction or immediate termination of the sales contract is justified; or
- d) the business has not undertaken to make the goods compliant with the contract, or it is evident from the circumstances that the business will not make the goods compliant within a reasonable time or without causing significant harm to the consumer's interests.
If the consumer wishes to terminate the sales contract due to defective performance, the business bears the burden of proof that the defect is insignificant.
The consumer is entitled to withhold the remaining part of the purchase price—partially or fully—depending on the severity of the breach of contract until the business fulfills its obligations regarding the compliance of the performance and the defective performance.
The reasonable deadline for performing the repair or replacement shall be calculated from the time the consumer reported the defect to the business.
The consumer must make the goods available to the business for the purpose of performing the repair or replacement.
The business must ensure the return of the replaced goods at its own cost. If the repair or replacement necessitates the removal of goods that were put into operation according to the nature and purpose of the goods—before the defect became recognizable—then the obligation regarding repair or replacement includes the removal of the non-compliant goods and the commissioning of the goods delivered as a replacement or bearing the costs of removal and commissioning.
The reduction of the counter-performance is proportional if the amount corresponds to the difference between the value of the goods that the consumer would have received in case of compliant performance and the value of the goods actually received by the consumer.
The consumer's right to terminate the sales contract based on warranty rights can be exercised by a legal statement directed to the business expressing the decision to terminate.
If the defective performance only affects a specific part of the goods provided under the sales contract, and the conditions for exercising the right to terminate the contract are met regarding those, the consumer may only terminate the sales contract concerning the defective goods, but they may also terminate concerning any other goods acquired together, if it is unreasonable to expect the consumer to retain only the goods that comply with the contract.
If the consumer terminates the sales contract in its entirety or concerning a part of the goods provided under the sales contract, then:
- a) the consumer must return the affected goods to the business at the business's expense; and
- b) the business must immediately refund the purchase price paid by the consumer regarding the affected goods as soon as it has received the goods or proof of the return of the goods.
8.4. Within what time frame can the User exercise their warranty claim?
The User (if classified as a consumer) must report the defect immediately after its discovery, but no later than two months from the date of discovery. At the same time, we draw attention to the fact that beyond the two-year limitation period (one year for businesses or used goods) from the performance of the contract, warranty rights can no longer be enforced. (For products with an expiration date, the warranty can be enforced until the end of the expiration date.)
8.5. Against whom can the User enforce their warranty claim?
The User can enforce their warranty claim against the Service Provider.
8.6. What other condition is there for enforcing warranty rights (if the User qualifies as a Consumer)?
Within one year from the performance, there is no other condition for enforcing the warranty claim beyond reporting the defect, provided the User proves that the product or service was provided by the business operating the webshop. After one year from the performance, however, the User must prove that the defect recognized by the User existed at the time of performance.
8.7. In what case can the Consumer exercise their product warranty rights, and what rights does the Consumer have based on their product warranty claim?
In the case of a defect in movable property, the Consumer may choose to exercise their warranty rights or assert a product warranty claim according to the rules of the Civil Code. As a product warranty claim, the Consumer may request the repair or replacement of the defective product.
8.8. Against whom can the Consumer enforce their product warranty claim?
The Consumer may exercise their product warranty rights against the manufacturer or distributor of the product (hereinafter collectively referred to as the manufacturer).
8.9. In what case is the product considered defective?
The product is defective if it does not meet the quality requirements in force at the time of its market launch or if it does not have the properties specified in the manufacturer's description.
8.10. Within what time frame can the Consumer enforce their product warranty claim?
The Consumer can enforce their product warranty claim within two years from the product's market launch by the manufacturer. After this deadline, they lose this entitlement.
8.11. What rules of evidence apply when enforcing a product warranty claim?
In the case of enforcing a product warranty claim, it is the consumer's responsibility to prove that the defect existed at the time of the product's market launch by the manufacturer.
8.12. The manufacturer is exempt from product warranty obligations if they can prove that:
- the product was not manufactured or marketed in the course of their business activity; or
- the defect was not recognizable at the time of market launch according to the state of science and technology; or
- the product defect arises from the application of a law or mandatory official regulation.
8.13. The manufacturer needs to prove only one reason for exemption. Please note that the Consumer can simultaneously and in parallel assert warranty claims against the business and product warranty claims against the manufacturer for the same defect. If the product warranty claim is successfully enforced, the warranty claim regarding the replaced product or the part of the product that has been repaired can only be enforced against the manufacturer going forward.
8.14. In the case of a contract between a consumer and a business, it must be presumed until proven otherwise that a defect recognized by the consumer within one year of performance existed at the time of performance, unless this presumption is incompatible with the nature of the item or the nature of the defect. Based on this, the Service Provider is not liable for warranty or guarantee if it can prove that the damage resulted from faulty or negligent handling after the transfer of risk, excessive use, or other impacts different from those specified, or other misuse of the products.
9. PROCEDURE IN CASE OF WARRANTY CLAIM (FOR USERS QUALIFYING AS CONSUMERS)
9.1. In a contract between a consumer and a business, the parties' agreement on the procedural rules for handling warranty and guarantee claims concerning goods sold under the contract cannot deviate to the detriment of the Consumer from the provisions of Government Decree 19/2014 (IV. 29.) NGM.
9.2. It is the Consumer's duty to provide proof of the conclusion of the contract (with a receipt or even just a proof of payment).
9.3. The costs related to the fulfillment of warranty obligations are borne by the Service Provider (Civil Code § 6:166).
9.4. The Service Provider is obliged to record a protocol concerning the warranty or guarantee claim reported by the Consumer.
9.5. A copy of the protocol must be provided to the Consumer without delay in a verifiable manner.
9.6. If the Service Provider cannot comment on the feasibility of the Consumer's warranty or guarantee claim at the time of notification, it is obliged to inform the Consumer of its position – in the case of a claim rejection, including the reasons for the rejection and the possibility of turning to the conciliatory body – within five working days in a verifiable manner.
9.7. The Service Provider is obliged to retain the protocol for three years from its recording and present it upon request from the supervisory authority.
9.8. The Service Provider must strive to carry out the repair or replacement within a maximum of fifteen days. If the duration of the repair or replacement exceeds 15 days, the Service Provider is obliged to inform the Consumer of the expected duration of the repair or replacement. This information is provided electronically or in another way suitable for confirming the Consumer's receipt, with the Consumer's prior consent.
10. MISCELLANEOUS PROVISIONS
10.1. The Service Provider is entitled to involve a collaborator in the performance of its obligations. It is fully responsible for any unlawful behavior of the collaborator, as if it had committed the unlawful act itself.
10.2. If any part of these General Terms and Conditions (GTC) becomes invalid, unlawful, or unenforceable, this does not affect the validity, legality, and enforceability of the remaining parts.
10.3. If the Service Provider does not exercise its rights under the GTC, the failure to exercise that right shall not be considered a waiver of that right. Any waiver of a right is valid only if there is an explicit written declaration to that effect. The fact that the Service Provider does not strictly insist on any essential condition or provision of the GTC on one occasion does not mean that it waives the right to insist on strict compliance with that condition or provision in the future.
10.4. The Service Provider and User shall attempt to settle their disputes amicably.
10.5. The parties acknowledge that the Service Provider's webshop operates in Hungary, and its maintenance is also conducted here. Since the site can be visited from other countries, the users expressly acknowledge that the governing law in relation to the User and the Service Provider is Hungarian law. If the user is a Consumer, then, according to § 26 (1) of the Civil Procedure Act, in disputes arising from this contract, the court of the Consumer's domestic residence is exclusively competent.
10.6. The Service Provider shall not apply different general access conditions regarding access to the products available in the webshop based on the User's citizenship, residence, or place of establishment.
10.7. The Service Provider shall not apply different conditions for the payment transaction concerning the accepted payment methods based on the User's citizenship, residence, or place of establishment, the location of the payment account, the location of the payment service provider, or the location of the issuance of cash substitute payment instruments within the Union.
10.8. The Service Provider complies with the prohibition of unjustified territorial-based content restrictions based on the citizenship, residence, or place of establishment of the customer within the internal market and other forms of discrimination, as well as with the provisions of Regulation (EC) No. 2006/2004 and (EU) 2017/2394, and the amendment of Directive 2009/22/EC as stipulated by REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL.
11. COMPLAINT HANDLING PROCEDURE (FOR USERS QUALIFYING AS CONSUMERS)
11.1. Our store aims to fulfill all orders in adequate quality and to the full satisfaction of the customer. If the User has any complaints regarding the contract or its performance, they can communicate their complaint via the above telephone number, email address, or by mail.
11.2. The Service Provider will immediately investigate verbal complaints and remedy them if necessary. If the customer disagrees with the handling of the complaint, or if immediate investigation of the complaint is not possible, the Service Provider will promptly record a protocol regarding the complaint and its position, and provide a copy to the customer.
11.3. The Service Provider will respond in writing to written complaints within 30 days in a verifiable manner and will take action to communicate its response. The position rejecting the complaint will be justified. The protocol drawn up regarding the complaint and a copy of the response will be retained by the Service Provider for three years and presented to the supervisory authorities upon request.
11.4. We inform you that in the event of the rejection of your complaint, you may initiate proceedings with an authority or conciliatory body as follows (the Service Provider has not made a general submission declaration):
11.5. The Consumer may file a complaint with the consumer protection authority. According to paragraphs (1)-(3) of § 45/A of the Consumer Protection Act, as well as Government Decree 387/2016 (XII. 2.) on the designation of the consumer protection authority, the governmental office acts as the general consumer protection authority: https://kormanyhivatalok.hu/kormanyhivatalok
11.6. In the event of a complaint, the Consumer has the option to turn to a conciliatory body, the contact details of which can be found here: https://bekeltetes.hu/
11.7. The conciliatory body is competent to resolve consumer disputes outside of court proceedings. The task of the conciliatory body is to attempt to create an agreement between the parties to resolve the consumer dispute, and in the case of failure, to make a decision in the case to ensure the simple, quick, effective, and cost-effective enforcement of consumer rights. At the request of the Consumer or the Service Provider, the conciliatory body advises on the rights of the Consumer and the obligations burdening the Consumer.
In the conciliatory body proceedings, if no agreement is reached, the council issues a decision containing an obligation if
- the request is justified, and the business – registered at the conciliatory body or the chamber, or communicated in its commercial communication – acknowledged the decision of the conciliatory body as binding in its general submission declaration under § 36/C, at the beginning of the proceedings or at the latest by the time of the decision;
- the business did not make a submission declaration, but the request is justified, and the claim that the Consumer wishes to enforce – neither in the request nor at the time of the decision containing the obligation – exceeds two hundred thousand forints;
or makes a recommendation if the request is justified, but the business stated at the beginning of the proceedings that it does not acknowledge the council's decision as binding, or if it has not made any statement regarding the acknowledgment of the council's decision at all.
11.8. In the case of cross-border consumer disputes related to online sales or online service contracts, the conciliatory body operated by the chamber designated by the minister responsible for consumer protection is competent.
11.9. In the case of a Consumer's complaint, they may use the EU online dispute resolution platform. Using the platform requires a simple registration in the European Commission system, by clicking here. After this, the Consumer can submit their complaint through the online website after logging in, which is located at: http://ec.europa.eu/odr
11.10. The business is subject to an obligation to cooperate in the conciliation body procedure, and is required to send its response to the conciliation body within the deadline mentioned in the Consumer Protection Act (Fgytv) with the content specified there. Except for the application of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online resolution of consumer disputes, as well as the amendment of Directive 2006/2004/EC and Regulation 2009/22/EC, the business is obliged to ensure the participation of a person authorized to reach an agreement at the hearing. In the online hearing, the representative of the business authorized to create an agreement must participate online. If the consumer requests a personal hearing, the representative of the business authorized to create an agreement must participate at least online in the hearing.
11.11. If the Consumer does not turn to the conciliation body, or if the procedure does not yield results, the Consumer has the option to go to court to resolve the legal dispute. The lawsuit must be initiated with a statement of claim, which must include the following information:
- the court in charge;
- the names, residences, and procedural status of the parties and their representatives;
- the right to be enforced, along with the facts and evidence supporting it;
- the data from which the court's jurisdiction and competence can be established;
- a precise request for the court's decision.
12. COPYRIGHTS
12.1. Since https://qreme.hu/ and https://qremecosmetics.com qualify as copyright works, it is prohibited to download (copy), transmit to the public, use in any other way, electronically store, process, or sell the contents appearing on https://qreme.hu/ and https://qremecosmetics.com or any part thereof without the written consent of the Service Provider—except for legal documents, as Users may download the General Terms and Conditions (ÁSZF) and the data protection information without any conditions or restrictions and may store them in any form.
12.2. Any material taken from the https://qreme.hu/ and https://qremecosmetics.com websites and their database may only be referenced to the given website, even with written consent.
12.3. The Service Provider reserves all rights to all elements of its service, to its domain names, to any secondary domain names created with them, and to its internet advertising spaces.
12.4. It is prohibited to adapt or reverse-engineer the content or parts of the https://qreme.hu/ and https://qremecosmetics.com websites; to establish user identifiers and passwords in an unfair manner; or to use any application that modifies or indexes any part of https://qreme.hu/ and https://qremecosmetics.com.
12.5. The names https://qreme.hu/ and https://qremecosmetics.com are protected by copyright; their use is only possible with the written consent of the Service Provider, except for references.
12.6. The User acknowledges that the Service Provider is entitled to a penalty for unauthorized use. The penalty amount is gross HUF 60,000 per image and gross HUF 20,000 per word. In case of copyright infringement, the Service Provider uses a notarial fact certificate, the cost of which is also imposed on the infringing user.
13. DATA PROTECTION
The data protection information of the website is available at the following page: https://qremecosmetics.com/adatkezelesi-tajekoztato/