Preamble
These General Terms and Conditions (hereinafter: GTC) contain the terms and conditions of the use of the services available on the website https://tresscodehair.com (hereinafter: website) by the user (hereinafter: User). By using the website, User acknowledges and accepts the provisions of these GTC.
Details of the Service Provider (Seller, Company)
Name: TÓTH Márton e.v.
Seat: 1063 Budapest, Szív utca 11.
Mailing address: 1063 Budapest, Szív utca 11.
Registration number: 50801181
VAT number: 70859162-1-42
Represented by: TÓTH Márton
Phone number: +36 70 720 55 96
E-mail: hello@tresscodehair.com
Website: https://tresscodehair.com
Bank account number: 11773061-00100849
IBAN: HU40117750703054788100000000
SWIFT code: OTPVHUHB
Scope and acceptance of the GTC
The content of the agreement concluded between us, in addition to the provisions of the relevant binding legal regulations, is determined by these General Terms and Conditions (hereinafter: GTC). Accordingly, these GTC contain the rights and obligations that apply to you and us, the conditions for concluding the agreement, the deadlines for performance, the conditions for delivery and payment, the rules of liability and the conditions for exercising the right of withdrawal.
Before finalizing your order, it is mandatory to understand the provisions of these GTC.
Language and form of the agreement
The language of the agreements covered by these GTC is English.
Agreements falling within the scope of these GTC do not qualify as written agreements.
Prices
Prices are in EUR and HUF. Seller has a VAT exempt status so the prices do not include VAT. The prices are indicative. It cannot be ruled out that the Seller may change the prices for business policy reasons. The price changes do not apply to agreements already concluded.
If, despite the due diligence of the Service Provider, a wrong price appears on the Website, especially with regard to apparently incorrect prices, i.e. prices significantly differing from the publicly apparent, general retail prices, or if there is a HUF 0 of HUF 1 price due to system error, then Service Provider is not obliged to sell the Product at a wrong price but may offer the shipping on the correct price, after which User may withdraw from the purchase.
Copyrights
Pursuant to Section 1 (1) of Act LXXVI of 1999 on Copyright (hereinafter: Act on Copyright), this website is a copyrighted work and therefore all of its parts are under copyright protection.
Severability
If any clause of the GTC is legally incomplete or invalid, the remaining clauses of the agreement will remain in force and the provisions of the relevant legislation will apply instead of the invalid or incorrect part.
Fixing data entry errors
Responsibility for the accuracy of the data provided
During the order, you have the opportunity to change the details you have entered before the order is finalized (the previously entered details can be changed at https://tresscodehair.com/en/my-account). Please note that it is your responsibility to ensure that the information you provide is entered accurately, as the product will be invoiced or shipped based on the information you provide. Please note that an incorrect e-mail address or fullness of the mailbox storage space may result in non-delivery of the confirmation and may prevent the conclusion of the agreement.
Use of the Website
The purchase is not subject to registration but the re-purchase is easier and faster for registered customers so we recommend to our returning customers to register.
The selected product can be placed in the basket with the “Add to cart” button, the required number of pieces can be provided next to the button. The User can check the contents of the shopping cart using the Cart menu item. Here you can change how much of the product you have added to the cart you want to order, or you can delete the item.
The User can continue the purchase process by clicking on the “Go to checkout” button. As a second step, it is possible to log in, register or purchase without registration. In case of registration and purchase without registration, the User must provide the following details: e-mail address, name, telephone number, billing address and delivery address, if it is different from the latter. Further to the above details, a password is required for registration. The User can find information on the successful registration in e-mail and on the website. The User may request the cancellation of their registration by e-mail from the Service Provider, in which case they must re-register for a new purchase.
The next step in the order is for the User to select the appropriate payment and delivery method. In case of data entry errors you can correct the entered data using the text fields or by pressing the back button of the browser.
If you find everything correct, you can use the “Order” button to finalize your order. You will receive a confirmation of this on the website or by e-mail. If you notice incorrect data after the order has been placed (eg in the confirmation e-mail), you have to report it to the Service Provider immediately but not later than within 24 hours.
Finalizing (placing) the order
If you are sure that the contents of the shopping cart correspond to the products you want to order and that your details are correct, you can close your order process by clicking on the “Order” button. The information provided on the website does not constitute an offer from the Seller for the conclusion of an agreement. In the case of orders falling within the scope of these GTC, you qualify as a person placing an order.
By clicking on the “Order” button, you expressly acknowledge that your order must be considered as placed, and your statement, in case of confirmation by the Seller according to these GTC, entails an obligation to pay. Your order will bind you for a period of 48 hours. If your offer is not confirmed by the Seller within 48 hours in accordance with these general terms and conditions, you will be released from your binding order.
Order processing, conclusion of the agreement
Orders are processed in two stages. You will first receive an automatic confirmation on your order, which only records the fact that your order has arrived through the website but this confirmation does not constitute acceptance of your order. If you notice that the automatic confirmation e-mail notification contains your details incorrectly (eg name, delivery address, telephone number, etc.), you have to notify us immediately by e-mail and at the same time enter the correct details. If you do not receive the automatic confirmation email within 24 hours of placing your order, please contact us.
The Seller will confirm your order by a second e-mail after placing your order. The agreement is concluded when the confirmation email sent by the Seller becomes available to you in your mail system.
Payment methods
1. Bank transfer
You can settle the price of the products also by bank transfer.
Details required for the transfer:
Beneficiary’s bank: OTP Bank
Beneficiary name: TÓTH Márton e.v.
Beneficiary’s account number: 11773061-00100849
International bank account number: HU40117750703054788100000000
SWIFT:OTPVHUHB (OTP Bank 1051 Nádor u. 6)
Please provide the order ID in the transfer notice.
Processing of your order will begin upon receipt of the price of the product. You have 2 working days from the date of placing the order to pay the price of the ordered product. After 2 working days, the system may cancel the order for the unpaid product.
2. Cash on delivery
You have the option to settle the value of the order upon receipt of the package.
Upon delivery, the consignee may pay the goods to the delivery service provider in cash, by credit card or debit card.
In case of rejected or returned cash on delivery packages, the delivery and return fee will be charged to the customer, the amount of which will be invoiced.
3. Barion
The convenient and secure online payment is provided by Barion Payment Zrt., with MNB license number: H-EN-I-1064/2013. The online payment is made entirely in Barion’s system, the Seller does not know the credit card details and does not handle data in connection with the payment.
4. PayPal
In the case of this payment method, we will redirect the customer to PayPal’s system.
There, you can use your credit card or your existing PayPal user account to settle the invoice.
You must always enter your credit card details on PayPal’s website so that they do not reach the merchant under any circumstances.
Shipping
The products are delivered by Magyar Posta Zrt.
You will receive notifications by e-mail about the preparation, dispatch and expected delivery time of the package, plus even by SMS on the day of delivery, when the courier is expected to arrive with your package.
Delivery period
The general delivery deadline for the order is a maximum of 15 days from the confirmation of the order.
International sales
Seller delivers only to Hungarian addresses.
Consumer information pursuant to Gov. Decree 45/2014. (II. 26.)
Information on the consumer’s right of withdrawal
You have the right to withdraw from the agreement within 14 days and without giving reasons. Similarly, if, in the case of an agreement for the provision of a service, the fulfilment of the obligations of the agreement has begun, you are entitled to cancel the agreement without giving any reason within 14 days.
The withdrawal / cancellation period expires 14 days from the date on which you or a third party designated by you, other than the carrier, takes over the product.
If you wish to exercise your right of withdrawal / cancellation, you must either send a clear statement of your intention to withdraw / cancel (for example, by post, fax or electronic mail) to the Seller’s address indicated above. You can also use the withdrawal / cancellation statement template available on the website for this purpose.
You will exercise your right of withdrawal / cancellation within the deadline if you send your notice of withdrawal / cancellation before the expiry of the deadline indicated above.
It is for the consumer to prove that they have exercised their right of withdrawal in accordance with this provision.
The Seller is obliged to confirm the consumer’s statement of withdrawal on an electronic data storage upon its receipt.
Obligations of the Seller in the event of withdrawal by the consumer
Seller’s obligation to refund
Should the consumer withdraw from the agreement in accordance with Gov. Decree 45/2014. (II. 26.), Seller shall reimburse the full amount paid by the consumer as consideration, including the costs incurred in connection with the performance, such as the delivery fee.
Method of refund by Seller
In the case of a withdrawal or cancellation in accordance with Section 22 of Gov. Decree 45/2014. (II. 26.), Seller shall reimburse the amount returned to the consumer in the same way as the payment method used by the consumer. With the express consent of the consumer, Seller may use another method of payment for the refund, however, the consumer may not be charged any additional fees as a result. Seller shall not be liable for any delay due to a bank account number or postal address provided incorrectly and/or inaccurately by the Consumer.
Right of retention
Seller may withhold the amount refundable to the consumer until the consumer has returned the product or has proved beyond reasonable doubt that it has been returned; the earlier of the two dates shall be taken into account. We are unable to accept unpaid parcels sent by collect on delivery.
The consumers obligations in the event of withdrawal or cancellation
Product return
If the consumer, pursuant to Section 22 of Gov. Decree 45/2014. (II. 26.), withdraws from the agreement, they are obliged to return the product immediately but no later than within fourteen days from the notification of the withdrawal, or to hand it over to Seller or the person authorized by Seller to receive the product. The return shall be deemed to have been completed within the time limit if the consumer dispatches the product before the time limit expires.
Direct costs of returning the product
The consumer bears the direct cost of returning the product. The product must be returned to the Seller’s address.
Consumer’s responsibility for depreciation
The consumer is liable for depreciation resulting from use in excess of that required to determine the nature, characteristics and functioning of the product.
The right of withdrawal may not be exercised in the following cases
Seller expressly draws your attention to the fact that, you may not exercise your right of withdrawal in cases stipulated in Section 29 (1) of Gov. Decree 45/2014 (II.26.):
- in the case of an agreement for the provision of a service, after the performance of the service as a whole, where the business has commenced performance with the consumer’s express prior consent and the consumer has acknowledged that they lose their right of withdrawal after the performance of the service as a whole;
- in the case of a non-prefabricated product which has been produced on the consumer’s instructions or at their express request, or in the case of a product which is clearly custom-made to the consumer;
- in the case of a sealed product which, for reasons of health or hygiene, cannot be returned after opening after delivery;
- in respect of a product which, by its nature, is inseparably mixed with another product after the handover;
- in the case of a business agreement where the company contacts the consumer at the express request of the consumer for urgent repair or maintenance work
Implied warranty, product warranty in the case of customers who are natural persons
This section of the consumer information was prepared by the application of Annex 3 of Gov. Decree 45/2014 (II. 26.), pursuant to the authorization of Section 9 (3) of Government Decree 45/2014 (II.26.).
Implied warranty
When can you exercise your rights related to implied warranty?
In the event of defective performance by Seller, you may assert a warranty claim against Seller in accordance with the provisions of the Hungarian Civil Code.
What are your rights based on your claims related to implied warranty?
According to your choice, you are entitled to the following claims related to implied warranty:
You may request a repair or replacement, unless it is impossible to meet the demand of your choice or it would incur a disproportionate additional cost to Seller in meeting another demand. If you did not request or could not request the repair or replacement, you may request a proportionate performance of the compensation or you may repair the defect at the expense of the Seller, or you may have someone else repair it for you or, ultimately, withdraw from the agreement.
You may switch from your chosen right of implied warranty to another one, however, the cost of the switchover will be borne by you, unless it was justified or the ground for it was established by the Seller.
What is the deadline for claiming your implied warranty?
You are required to report the defect immediately after becoming aware of it, but no later than two months after discovery. However, we draw your attention that after the two-year period of statute of limitation from the fulfilment of the obligations of the agreement you may no longer be able to exercise your implied warranty rights.
If the subject matter of the agreement between the consumer and the company is a second-hand item, the parties may agree on a shorter statute of limitation; a limitation period of less than one year may not be validly established in this case either.
Against whom can you exercise your implied warranty rights?
You can enforce your implied warranty claim against Seller.
What other conditions are there for you to exercise your implied warranty rights?
Within six months after delivery, exercising your rights related to implied warranty has no conditions other than reporting the defect, in case you can demonstrate that the product or service was sold or provided by the Seller. However, after six months following the delivery, you are obliged to prove that the defect detected by you already existed at the date of delivery.
In the case of used products, the warranty and guarantee rights differ from the general rules by default. In the case of used products we can also talk about defective performance, however, the circumstances on the basis of which the Buyer could expect certain defects to occur must be taken into account. Due to obsolescence, the occurrence of certain defects is becoming more frequent, as a result of which it cannot be assumed that a used product can have the same quality as a newly purchased one. Based on this, the Buyer can only enforce their warranty rights in respect of defects that are beyond the defects arising from the wear and tear and have occurred regardless of that. If the used product is defective and the Customer, who qualifies as the Consumer, was informed about it at the time of purchase, the Service Provider is not liable for the known defect.
Product warranty
When can you exercise your rights related to product warranty?
In case of defective goods (products), you may exercise your right regarding implied warranty or product warranty in accordance with your choice.
What rights do you have based on your product warranty claim?
Within the scope of product warranty, you may only request the repair or the replacement of the defective product.
When is a product considered to be defective?
A product is considered defective if it does not meet the quality requirements at the time of sale, or it does not comply with the quality description provided by the manufacturer.
What is the deadline for claiming your product warranty?
You may exercise your right related to product warranty within two years after the product was sold by the manufacturer. You lose this right after this deadline.
Against whom and under what further conditions can you exercise your product warranty rights?
You may exercise your right to product warranty solely against the manufacturer or distributor of the product. In the case of exercising the right to product warranty you must prove the defect of the product.
When is the manufacturer (distributor) exempt from its obligation to provide product warranty?
The manufacturer (distributor) may be exempt from its obligation to provide product warranty if it can prove that:
- the product was not manufactured or sold within the scope of its business practice, or
- in accordance with the current scientific and technical knowledge the defect was not detectable at the time of sale, or
- the product defect originates from the application of a legal regulation or mandatory regulatory provision.
It is enough for the manufacturer (distributor) to prove only one cause for the exemption.
We draw your attention that, you may not exercise your implied warranty and product warranty rights at the same time . However, should you exercise your product warranty rights successfully, you may also exercise your implied warranty rights for the replaced or repaired part against the manufacturer.
Implied warranty, product warranty in the case of customers who are legal entities
Legal entity customers have their warranty rights under the Hungarian Civil Code, subject to the following derogations.
The warranty claim of a customer who is a legal entity expires within 30 days from the date of performance.
Complaints handling and enforcement
The consumer may submit consumer complaints about the product or the Seller’s activities at the following contact details:
Telephone: +36 70 720 55 96
Web: https://tresscodehair.com
E-mail: hello@tresscodehair.com
The consumer may communicate orally or in writing a complaint to the company, concerning the conduct, activity or omission of the company or of a person acting in the interest or on behalf of the company in connection with the distribution or sale of the goods to consumers.
The company must investigate the oral complaint immediately and remedy it if necessary. If the consumer does not agree with the handling of the complaint or it is not possible to investigate the complaint immediately, the company shall immediately prepare a record of the complaint and its position, and provide a copy of it to the consumer on the spot in the event of an oral complaint. In the case of an oral complaint made by telephone or other electronic communications service, it shall be sent to the consumer together with the substantive response at the latest within 30 days, in accordance with the requirements for replying to a written complaint. In other respects, it is required to proceed in terms of the written complaint as follows. Unless otherwise provided by a directly applicable act of the European Union, the company shall respond to the written complaint in writing within thirty days of its receipt and shall take steps to communicate it. A shorter deadline may be established by a legal regulation, whereas a longer deadline by a statute. The company must give reasons for its position rejecting the complaint. An oral complaint communicated by telephone or electronic communication service must be provided with a unique identification number by the company.
You can initiate an arbitration board procedure for the simple, quick, out-of-court settlement of disputes with the seller (consumer dispute). The seller is obliged to cooperate in arbitration board proceedings.
You can email your complaints, comments regarding order and delivery to the following email address: hello@tresscodehair.com, which we will respond to within a maximum of 30 days. To proceed with the case you should turn to the conciliatory board that is privy to act according to your place of residence, or in the case of a lack of one, the address of the company affected by the legal dispute or the body entitled to represent it. For the proceedings – based on your request and with regards to it – instead of the assigned bodies, the conciliatory body is privy to the fact that you made the request.
Arbitration board competent according to the seller’s registered office:
Arbitration Board of Budapest; 1016 Budapest, Krisztina körút 99. III. emelet 310.; mailing address: 1253 Budapest, Pf.:10.
If you wish to make a complaint about a purchased product, you can use the Online Dispute Resolution Platform (ODR), which is available by clicking here. After registering on the platform, a complaint can be submitted by entering the seller’s email address (hello@tresscodehair.com).