General terms and conditions of PomPom Prémium Natúr Kozmetikum Green Deal Kft. concerning the sale of its products.
I.1. This blanket contract regulates the general terms and conditions of the sales relationship between Green Deal Ltd. and the legal entity purchasing cosmetic and beauty products manufactured and distributed by it in Hungary on a one-off or recurring basis.
I.2. The GTC shall enter into force from 25 August 2016 for an indefinite period of time and shall be applicable to the sales transactions concluded by the Contracting Parties on the date of entry into force and thereafter.
II.1. The following shall apply for the purposes of these General Terms and Conditions
An individual sales and purchase contract (actual purchase) is a legal transaction in writing between the Seller and the Buyer, concluded as a result of the finalisation of the product order, together with the confirmation of the Seller, in Hungarian, to which the current GTC in force is an inseparable annex;
The Seller is Green Deal Kft. (registered office: 9026 Győr, Kormorán utca 16.; company registration number: 08-09-015387; tax number: 14060148-2-08; managing director: Erika Péntek);
The PomPom Website is an internet site (website) operated by the Seller and is located at https://www.pompomnatur.com;
The Contracting Parties are the Seller and the entity entering into the individual sales and purchase contract as Buyer;
The service is the transfer of the ownership of the finished products, as well as the packaging and delivery of goods, currently available for order on the Seller's website to the Buyer against full payment of the purchase price;
Product is an item produced by the Seller and advertised and offered for sale on the PomPom website;
The purchase price is the value of the Service to be provided by the Seller according to the concluded Individual sales and purchase contract;
The Buyer is any natural or legal person or other legal entity without legal person, according to the Hungarian law in force, who (which) purchases the Seller's product online using the PomPom website;
Web office is the user interface on the PomPom website reserved for the Customer, which records the delivery address, recent orders, current loyalty discounts and recommendations related to the Customer.
III.1. Unless otherwise provided for in the GTC and the Individual sales and purchase contract, any deadline specified between the Seller and the Buyer in respect of the sales relationship shall be calculated in calendar days and may expire on a holiday, a bank holiday or a public holiday.
III.2. The Contracting Parties shall send their declaration of intent (e.g. cancellation, etc.) to the Seller's premises (9027 Győr, Puskás Tivadar utca 33) or to the relevant contact details of the Buyer specified in the delivery details during the purchase. Declarations of intent sent to any other address shall not be considered as valid declarations.
III.3. By accepting the GTC, the Buyer undertakes not to make any legally binding changes to the delivery details of the individual purchase after entering into the individual sale and purchase contract. The Buyer shall be solely liable for any damage, additional costs or other disadvantages resulting from a breach of this clause. The Seller shall only be obliged to notify the change of data within the scope of the data referred to in clause II.1 (b) and shall comply with this obligation by amending the General Terms and Conditions accordingly.
III.4. A legal notice communicated to the Buyer by registered mail at the applicable address shall be deemed to have been duly served (presumption of delivery) on the fifth (5th) day after it is posted (a) in Hungary, (b) in other European countries on the tenth (10th) day after it is posted, and (c) outside Europe on the twentieth (20th) day after it is posted (presumption of delivery). The applicability of the address shall be assessed on the basis of the provisions of III.2-III.3. The Seller shall not be liable for any damages (other disadvantages) arising from the presumption of delivery in respect of the Buyer.
III.5. The Buyer shall immediately inform the Seller within the scope of its duty to prevent and remedy damage if any notification expected by the Buyer from the Seller has not been received by the Seller at all or not in due time.
III.6. In matters not regulated in the individual sales agreement or the General Terms and Conditions, as well as in any disputes arising from the contractual relationship, Hungarian law, primarily the relevant provisions of Act V of 2013 on the Hungarian Civil Code [Polgári Törvény; Ptk]., shall apply. The Contracting Parties further stipulate that in the event that the individual sale and purchase contract or the GTC are adopted in a language other than Hungarian, the Hungarian language agreement shall prevail for the resolution of any language discrepancies.
III.7. The Contracting Parties agree that they will try to settle any disputes arising from the individual sale and purchase contract, including the General Terms and Conditions, primarily by amicable means, and therefore they shall consult each other in the event of a dispute. Should their conciliation not lead to a result, the Contracting Parties shall, with the exception of consumer disputes, submit to the exclusive jurisdiction of Hungary, subject to the provisions of Articles 62/F to 62/H of Decree-Law No. 13 of 1979 on Private International Law, and to the exclusive jurisdiction of the Central District Court of Buda in civil proceedings in property matters within the jurisdiction of the District Court, including consumer disputes (subordinate jurisdiction).
Access to the seller service
IV.1. The Buyer accesses the services provided by the Seller through the website www.pompomnatur.com. The Buyer has the option to pre-register voluntarily on the PomPom website using his/her own username and password. If the Buyer does not pre-register voluntarily, the Seller will automatically register the first individual sale and purchase contract (actual purchase) with the data provided during the product order and will notify the Buyer by email. After voluntary or automatic pre-registration, the Buyer can access the personalised user interface (e.g. with his/her web office, personal data, etc.) by clicking on the 'Login' button in the 'Login' section on the homepage of the PomPom website and by entering his/her username and password.
IV.2. The Buyer acknowledges and irrevocably accepts that, due to its nature, he/she can only use any of the services of the Seller if he/she successfully completes the pre-registration for the website, without which he/she cannot use the additional functions of the website to access the desired service. The Buyer hereby authorises the Seller to retain, store and process the related customer data necessary for the registration pursuant to Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information.
IV.3. The Seller shall be entitled to terminate without notice any abusive user interface, provided that the Seller shall not be obliged to provide its services to the Buyer who has engaged in such conduct (whether in connection with the purchase or in connection with the warranty/guarantee claim), but shall refund to the Buyer the purchase price paid, less any costs already incurred, but without default interest. The Seller shall not be liable for any damages resulting from the termination of the User Interface due to the improper exercise of the Buyer's rights. The Seller shall have sole discretion to determine whether such conduct constitutes an abuse of rights by the Buyer. In particular, an abuse of rights shall be deemed to have occurred if the returned product can be clearly shown not to have lost its original quantity as a result of wear and tear resulting from normal use.
IV.4. The Seller shall not liable for any direct or indirect damage resulting from the use of the PomPom website, so any tips, ideas, thoughts, suggestions found therein may be used by anyone at their own risk. The Seller shall not be liable in any way for any disadvantages (e.g. inability to claim loyalty discounts) resulting from the loss or forgetting of the username and password required to log in to the PomPom website. If the reason for the inability or termination of access to the Seller's service is in the interest of the Buyer, the Seller shall not provide the Buyer with a new user interface, name or password. The Seller shall also not be liable for any damages, losses, costs arising from the use of the PomPom website or the financial institution website, their unusability, malfunction, failure, unauthorised alteration of data by anyone, or arising from delays in the transmission of information, computer viruses, line or system failures or other similar causes.
IV.5. Before finalising the product order, the Buyer shall have the possibility to identify and correct any data entry errors that may occur during the purchase process by using the user interface as required.
Choosing products
IV.6. The Buyer can choose the products he or she would like to purchase by using the menu system at the top of the interface.. The Seller shall offer for sale only the final products listed in the menu system. The Buyer acknowledges that the product prices indicated in the menu system are not the same as the purchase price, but are only part of it. The Seller reserves the right to unilaterally modify the product prices, provided that the Seller shall not be entitled to change the purchase price of the purchased product to the detriment of the Buyer after the confirmation of the order of the goods by the Buyer. The Seller shall not be disadvantaged by system errors and order modifications resulting from electronic communication and shall not be subject to any additional obligations. The Seller shall be entitled to cancel or modify orders for the aforementioned reasons.
Making a purchase (ordering a product)
IV.7. By using the interface as applicable, the Buyer can gather the selected goods into a package consisting of several products (the so-called 'Cart'). The Buyer shall be free to vary the contents of the cart until the order is finalised, and shall not be under any obligation to perform until the contract is concluded. Promotional products added to the cart will be automatically deleted from the cart at the end of the promotional period.
IV.8. If the Buyer no longer wishes to change the products (product groups) in his/her cart, he/she can place the order by clicking on the 'Next' button, entering (selecting) the delivery address, the payment and delivery method and, if applicable, sending a comment (message). The Buyer can proceed to place an order by entering the delivery and billing details, then the coupon codes entitling him/her to the various discounts, and finally by accepting the GTC.
IV.9. After checking the data, the Buyer can actually start making purchases by clicking on the 'Super, I am placing the order' icon, by which he/she also consents to the computer system of the Seller receiving and processing the data related to the purchase, and by doing so he/she declares that he/she has fully understood the contents of the current GTC and has accepted them as binding.
IV.10. The Seller confirms the successful purchase by confirming it first on the user interface and then by sending it to the Buyer's e-mail address entered during the ordering process. The fact that the purchase has been confirmed does not prevent the Seller from refusing to perform its service for legitimate reasons, invoking the provisions of point IV.3.
IV.11. The individual sales and purchase contract [Section II.1 (a)] between the Seller and the Buyer shall be concluded when the Seller sends the Buyer a confirmation of the sale, and it shall remain valid for a period of 30 (thirty) days until the Buyer receives the product. By concluding an individual sales and purchase contract, the Buyer expressly accepts that the finalisation of the product order - according to the payment and delivery method chosen - entails the obligation as well to pay the purchase price and to receive the product.
IV.12. The Seller shall save the concluded individual sale and purchase contract as an electronic data file in its own database, which shall also be accessible to the Buyer in the web office under the heading 'My previous purchases' .IV.13. The individual sale and purchase contract - and the general terms and conditions that are a part of it - shall contain all the terms and conditions of the agreement between the Contracting Parties (merger clause).
IV.14. In the event of partial invalidity of the individual sale and purchase contract, the entire contract shall only become invalid if the parties had not entered into it at all with regard to the changed content.
The product price, delivery charges and packaging costs
V.1. The price of the goods does not include the price of the delivery of the goods, which otherwise constitutes an item of the purchase price and is therefore settled upon its fulfilment. The Buyer shall pay the cost of delivery both in the case of home delivery by courier service and in the case of collection by the Parcel Point, unless the purchase price reaches the free delivery limit or the Buyer has purchased at least one product under the individual sale and purchase contract which is subject to free delivery, in which case the price of the products ordered together shall not be subject to any delivery charge. The delivery charge shall also include the cost of packaging the products. The current delivery charges are set out in the delivery information menu on the PomPom website.
V.2. The Seller shall present all components of the purchase price in gross amounts on his/her website and shall issue the invoice for the purchase price in electronic form, taking into account the provisions of Section 259 (5) of Act CXXVII of 2007 (VAT Act) based on the invoicing data provided by the Buyer during the ordering process. By accepting these general terms and conditions, the Buyer agrees to receive the invoice electronically,and to process, store and archive it in accordance with the applicable rules. The parties declare that they will accept invoices sent by email in PDF format as electronic invoices and treat them as such. The invoice shall be authentic without a separate signature (electronic or otherwise). It is recommended that you print out the invoice and keep it.
V.3. Payment of the purchase price for the products purchased can only be made using one of the payment methods set out below, and by finalising the order, the Buyer accepts that he/she will not have the option to pay under any other conditions, and by finalising the order the Buyer accepts that he/she will not be able to pay under any other conditions.
Purchasing by advance payment
V.4. In the case of purchasing by advance payment, the Buyer shall transfer the purchase price in advance to the Seller's bank account number 10300002-10675657-49020013 held at MKB Bank.
V.5. The Seller shall commence with the dispatch of the product to the Buyer as soon as the purchase price has been credited in full to the bank account of the Seller indicated in clause V.4.
V.6. The Buyer acknowledges that the Seller has no control over the crediting period of the bank transfer, and therefore the Seller shall not be liable or responsible for any delay in the transfer.
Payment by embossed debit card
V.7. In the case of payment by debit card, the Buyer will be redirected from the user interface to the secure website of MKB Bank, through which the purchase price is actually paid.
V.8. If the payment is successful, the website of the financial institution will redirect the Customer back to the user interface.
V.9. The financial institution of the Seller can only accept the following debit cards to pay the purchase price:
• MasterCard;
• Visa;
• Visa Electron.
Cash on delivery purchase
V.10. In the case of a cash on delivery purchase, the Buyer undertakes to pay the full purchase price to the courier at the same time as the delivery of the product(s), upon receipt of the product(s), in cash, in an amount calculated in advance and communicated during the ordering process.
VI.1. The delivery of the purchased product is carried out by courier service or by picking up the product at the point of delivery. The PomPom website provides information on delivery times, on other terms and conditions, on courier service contact details and on parcel points under delivery information.
VI.2. The Buyer may choose between home delivery by courier or collection at the parcel point, using any of the payment methods on the website.
VI.3. The courier service as the courier shall notify the Buyer of the arrival of the package of products without delay. After receipt of the notification, the Buyer shall be entitled to dispose of the package. The courier will deliver the parcel to the delivery address specified at the time of purchase, normally between 8. am and 5 pm on working days, as this basic service is covered by the delivery charge included in the purchase price. The Buyer may of course agree directly with the courier service on the conditions for guaranteed delivery at a reduced time (e.g. in the morning), but the carrier may charge a surcharge for this service, according to its rates, which the Buyer must settle with the courier at the time of collection of the product.
VI.4. In the case of collection at a parcel point, the Seller shall send an email notification to the email address that has been provided for this purpose in the product order, when the Buyer's product parcel has already left the PomPom factory for the previously selected delivery point (shop).
VI.5. If the delivery of the product parcel is delayed or prevented owing to a reason caused by the Buyer (e.g. providing incorrect delivery data during the purchase) or owing to is or her conduct in a breach of the foreseeability clause [Section 6:142, Civil Code], the resulting damages (additional costs, other disadvantages) shall be borne by the Buyer without exception and the Seller shall not be liable for them either to the Buyer or to third parties.
VI.6. The Buyer shall check the contents of the delivery at the place and time of receipt of the goods, both in terms of quantity and quality, and shall sign the receipt note (acknowledgement of receipt) in case of contractual performance of the Seller. The duly issued delivery note (acknowledgement of receipt) shall certify that the delivery and its packaging were in perfect and complete condition at the time of receipt, unless the contrary is proved.
VI.7. The Buyer shall, without delay after discovering any defective performance, notify the Seller of the defect (deficiency) via one of the contact details provided on the PomPom website under the Contact Us section. A defective delivery by the Seller is deemed to be a defective delivery if the product package is damaged and is not accompanied by a damage report stating the fact of the damage or if the delivery does not contain products purchased by the Buyer. The Buyer shall be liable for any damages (additional costs, other disadvantages) resulting from the delay or failure to report the defect and from the receipt of the defective (incomplete) package of products.
VI.8. The risk of damage to the goods sold is transferred from the Seller to the Buyer when the Buyer takes possession of the goods.
VI.9. If the Customer has a complaint regarding the products or services provided by the Seller, he/she may send it to one of the contact details provided on the PomPom website under the Contact Us menu or to the Seller's premises. The Seller will investigate the complaints in the order of their receipt, no later than within 30 (thirty) days, and will notify the Buyer of the outcome of the investigation in the same manner as the communication of the complaint. In case of rejection of the complaint, the Buyer may turn to the supervisory bodies (e.g. to the notary,to the Government Agency of Győr-Moson-Sopron County Technical Licensing, Consumer Protection) or to the court.
VII.1. The Seller shall be entitled to unilaterally amend the GTC, especially but not exclusively to protect its own economic interests or those of its business partners.
VII.2. The Seller shall notify the Buyer and its prospective contractual partners of the exercise of the above-mentioned formative right and of the changing clauses in a separate notice on the footnote section of the PomPom website at least 8 (eight) days before the entry into force of the amended GTC.
VII.3. The individual sales and purchase contract is fulfilled by the contractual performance of the seller's service and the purchase price.
VII.4. The Contracting Parties may terminate their individual sales transaction by mutual agreement with respect to the future. In this case, the Parties shall not be liable for any further services and shall be obliged to settle accounts with each other in respect of the services already rendered prior to termination.
VII.5. The Buyer may withdraw from the individual sale and purchase contract within 30 (thirty) calendar days from the receipt of the product parcel without giving any reason. The cancellation, including the Buyer's bank account number, must be sent by registered letter with acknowledgement of receipt to the Seller's premises no later than the day on which the deadline expires. The declaration of withdrawal must be accompanied by the goods purchased and the original copy of the sales invoice. The withdrawal, duly sent with the required annexes, shall terminate the individual sales and purchase contract when it is delivered to the Seller, but it shall not constitute a legally binding communication.
VII.6. The Buyer shall bear the costs incurred in connection with the return of the product due to the exercise of the right of withdrawal. The Buyer shall also bear any damages resulting from defective packaging of the goods and incurred in returning the goods.
VII.7. The Seller shall reimburse the Buyer for the purchase price, possibly reduced by the costs of returning the goods owing to their written acceptance, within 30 (thirty) days of the delivery of the withdrawal (the presumption of delivery) at the latest, but may also claim compensation for damages resulting from the improper use of the goods.
VII.8. The Buyer shall not be entitled to withdraw from the contract under VII.5 if the purchased product is not returnable in nature.. The Contracting Parties shall mutually classify as such goods the condition, number, weight, volume or otherwise expressed in net quantity of the goods, the net quality or quantity of which, when accompanied by the declaration of withdrawal, is less than 75% (seventy-five per cent) of the net quality or quantity of the original goods. The goods shall also be deemed to be unfit for return if their origin cannot be identified due to deterioration of the condition or packaging of the goods.
VII.9. The Buyer shall not be entitled to withdraw from the individual sales and purchase contract on the grounds of lapse of interest
• if the Seller has refused to provide the service for a legitimate reason [clause IV.10];
• a delay in the transfer [clause V.6] or the use of an unsuitable payment method or instrument;
• if the product order was placed less than 4 (four) working days before the first day of the national or religious holiday and and the product was specifically intended to be received by the Seller on the occasion of the holiday [clause VI.1].
VII.10. In the event of withdrawal from an individual sale and purchase contract for a product parcel or the so-called 'love package', the right of withdrawal may only be exercised for the entire parcel or for all products included in the promotion together and in one unit. If one of the conditions set out in clause VII.8 is fulfilled for any of the goods included in the product bundle or the promotional parcel, the buyer may not exercise his/her right of withdrawal either for the product bundle (the promotional product bundle) or for the individual goods. The provisions of this section shall apply accordingly to any gift sent by the Seller to the Buyer, provided that the gift is made available for purchase on the PomPom website.
VIII.1. The Buyer declares that he/she is 16 years of age or older and consents to the processing of his/her personal data.
VIII.2. The Buyer acknowledges that pursuant to Section 29 (e) of Government Decree 45/2014 (26.II.) (hereinafter: the "Decree"), the right of withdrawal provided for in Section 20 of the Decree is not applicable to cosmetics. Nevertheless, PomPom grants the Buyer the right of withdrawal as set out in Section VII.5.
VIII.3. PomPom informs the Buyer that it has taken the necessary security measures to protect the data stored with the Service Provider on the servers operated by it, and that it will continuously update these measures during operation in order to protect the Buyer's data by using the relevant encryption algorithms.
VIII.4. The Customer may initiate the administration of the service by contacting the Seller's customer service by telephone or by correspondence (postal or electronic). The contact details of the customer service (postal address, telephone number) are provided by the Seller on its website. In addition to the traditional contact details, the Seller undertakes to provide an online mailbox on its website, accessible to all for administrative purposes. The Seller shall investigate complaints received within three working days and shall notify the Buyer of the outcome of the investigation, at the same time as fulfilling its statutory obligation to inform the Buyer.
VIII.5. The Buyer may initiate proceedings before the conciliation body of the professional chamber of his/her place of residence for the out-of-court amicable settlement of consumer disputes relating to the quality, safety and application of product liability rules, as well as the conclusion and performance of the contract. The jurisdiction of the conciliation boards is aligned to the jurisdiction of the county chambers of commerce and industry (Section 20 (5) of Act XLII of 2008, § 20).
VIII.6. The PomPom Website does not require any specific hardware and is accessible through the following operating systems and software: Windows XP or later, Linux, OS X, iOS, Android or Windows Phone operating systems, Internet Explorer (9 or later), Google Chrome, Mozilla Firefox, Opera or Safari.
Győr, 21/12/2020
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