Term of service

General Terms and Conditions

These General Contract Terms (hereinafter GCT) contain the conditions of use of the service available at kristenhair.com and on the websites defined hereunder (hereinafter Service Provider”), which service may be used by the user (hereinafter “User”) without registration.

DATA OF THE SERVICE PROVIDER

Company name: Nova Product Development LLC. (hereinafter: Service Provider)
Address: Hungary, 2161 Csomád, Kossuth Lajos út 79.
European identification number: HUOCCSZ.13-09-194962
Company register number: 13-09-194962
Tax number: 26500218-2-13; EU-VAT number: HU26500218
Contact of the service provider and its regularly used E-mail address established to keep in contact with users: support@kristenhair.com
Telephone number: +36303078498

BASIC PROVISIONS

For all issues not regulated in these Rules, and for the interpretation of these Rules the laws of Hungary, in particular the relevant provisions of Act V of 2013 on the Civil Code of Hungary (“Civil Code”) and Act CVIII of 2001 on certain issues of electronic commerce services and information society services (Electronic Commerce Act), furthermore Gov. decree 45/2014 (II. 26.) on he detailed rules of contracts concluded between consumers and businesses shall be applied Mandatory provisions of the relevant laws are applicable without any specific contractual term.

This GCT shall be valid from 15th February 2017 and shall remain in force until withdrawn. The Service provider shall be entitled to modify the GCT by informing the Customers prior to such modification through the website. The Service provider publishes the modifications on the Webshop site 11 (eleven) days before their effective date. By using the Webshop, the Users agree to be automatically bound by all regulations related to the use of the Webshop.

Users, by entering the site of the Webshop operated by the Service provider, or by reading the content of the site in any manner – even without being registered users of the Webshop, express their consent to be bound by these GCT. The User, who does not accept these terms and conditions, shall not be entitled to view any content of the Webshop.

The Service provider reserves all rights in connection with the Home page, any part thereof and any content to be displayed therein as well rights of distribution of the website. Any downloading from the Website, electronic storage, processing and sale of any content or any part thereof shall be forbidden without the Service provider’s consent given in writing.

The contracts concluded electronically will not be filed, are concluded solely electronically, are not considered as written contracts, they are written in Hungarian and shall not refer to any code of conduct. In case of questions related to the operation of the Webshop and its order and delivery processes, the Service provider is available at the contacts provided herein.

CONDITIONS AND PROCESS OF ORDERS

Registration

Shopping is not subject to a valid registration.

Users can submit orders without registration.

If Users wish to register, can do it so after clicking the “Sign in/Registration” button or after filling in the required details in the registration field during the purchasing process. On the registration field, the following data shall be provided to the Service provider:

Under field “Personal and profile data”

Name
E-mail address
Mobile Number
Date of birth (not mandatory)
Under field “Delivery address”

City
Postal code
Street Address and number
Country
Gender of the User, which is not mandatory.

When the User has given all data necessary for the registration, he can finalise his registration by clicking on the “Send registration” button. Before sending the registration, this GCT must be accepted by placing a check in the box.

The Service provider notifies the User about the successful registration via the Webshop site and by E-mail as well.

Users may enter into the Webshop by submitting their Facebook or Google data, without registering separately.

The User is entitled to delete its registration at any time by sending an E-mail message to support@kristenhair.com. Upon receipt of the E-mail message, the Service provider shall ensure deletion of the registration without delay. After deletion the data of the User will be removed from the system without delay; however, this shall not apply to keeping data and documents related to already submitted orders and will not result in removal of data relating to these orders. After removal, the data cannot be restored.

The Customer shall be exclusively responsible for keeping his user access data (particularly the password) confidential. If it comes to the User’s attention that his password provided during the registration may be accessed by an unauthorized third person, he shall change his password without delay, and if it can also be assumed that such third person abuses the password in any manner, he shall notify the Service provider thereof, at the same time.

The User undertakes to update the personal data provided in the course of registration, whenever necessary, in order to keep them up-to-date, complete and true.

Ordering process

The User places the selected product into a virtual basket by clicking on add to cart button. The User may view the content of the basket at any time by clicking on the “Edit cart” button or on the “VIEW CART” icon.

The User can set the quantity of the product or products to be purchased by using the + and – buttons.

After finalising the quantity, the content of the basket is automatically updated.

The User can provide the delivery address and the method of delivery/payment.

After providing the data, the User can send his order by clicking on the “Place order” button, however, before this, he can check once more the provided data or send a note in connection with the order or notify the Service provider by E-mail about his additional requests related to the order.

If the User finds that all data is entered correctly, he can send his order to the Service provider by clicking on the “Place Order” button at the bottom of the page.

The Service provider notifies the User about the success of the order on the following webpage and by E-mail, by providing the Customer’s order number as well.

Thus, the order is submitted by clicking the “Place order” button, which constitutes a payment obligation for the User.

The final amount to be paid includes all costs based on the summary of the order and the letter of confirmation.

If the User placed his order without registration, the confirmation E-mail sent by the Service provider contains a password to be used with his E-mail address given during the ordering process, which provides for him access to the site any time to view his order details. This shall not constitute an automatic registration. It becomes registration, when the User enters the site by using the entry data.

Method of payment

• PayPal: via the secure on-line field of PayPal, after placing the order.
• BraintreePayments: via the secure on-line field of Braintree, after placing the order.

Costs and methods of delivery

The User shall examine the package at the time of delivery before the courier and shall ask for taking of minutes in case of any damage is noticed on the products or the package; in case of damage, he is entitled to refuse receipt of the package. The Service provider shall not accept subsequent complaints without having minutes taken. Delivery of the packages takes place on business days between 8 and 17 hours.

Binding offer and confirmation

The Service provider confirms the receipt of the offer sent by the User without delay in an automatically sent confirmation E-mail message, which contains the data given by the Customer during shopping or registration (invoicing and delivery information), the identification of the order, the date of the order, the list and quantity of the ordered products, the price of the products, delivery costs and the final amount to be paid.

This confirmation E-mail shall constitute the Service provider’s acceptance of the User’s offer, which constitutes a valid contract between the Service provider and the User.

The User shall be discharged from being bound to the offer, if the Service provider’s confirmation E-mail about the sent offer is not received without delay, or within 48 hours at the latest.

If the User has already sent his order to the Service provider and thereafter notices a mistake in the data contained in the confirmation E-mail, he shall notify the Service provider thereof within 1 day, in order to avoid fulfilment of undesirable orders.

The order shall be considered as a contract concluded electronically, and shall be governed by the provisions of Act V of 2013 on the Civil Code and Act CVIII of 2001 on certain issues of electronic commerce services and information society services. The contract shall fall within the scope of Gov Decree 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and businesses and observes the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.

ORDER PROCESSING AND DELIVERY

Orders are processed within opening hours.

Opening Hours:
Mon-Fri: 8.00-14.00

Orders may be placed also outside the period indicated for processing orders; whenever orders are submitted after business hours, they will be processed during the following business day. The customer service of the Service provider will every time send an electronic confirmation about the time, when it can fulfil the order.

The general time of performance is 5 business days from the date of confirmation. If the Service provider and the User have not agreed about the time of performance, the Service provider shall provide performance at or within the time as defined in the Service provider’s notice addressed to the User, or in the absence of such notice, within thirty days from receipt of the order by the Service provider.

If the Service provider fails to fulfil his contractual obligations because the product specified in the contract is not available, it shall notify the User thereof, immediately and shall refund the amount paid by the User without delay, however within thirty days at the latest.

The Service provider shall not be responsible for occasional changes of technical information or descriptions made without prior notice by the supplier or made for reasons beyond its control. The Service provider reserves the right to partially or completely refuse fulfilment of the already confirmed orders. Partial performance may take place exclusively after consultation with the User.

PRICE OF THE PRODUCT

The listed products may be ordered on-line, personally and by telephone.

The prices displayed together with the products are specified in the official currency of the relevant Webshop (HUF, EUR, RON, HRK, CZK, PLN, USD, RSD) and include the statutory VAT (gross prices), however the costs of home delivery is not included. Separate packaging costs will be charged in case of oversized products, where the packaging costs differ, based on the given product, and are indicated on the data sheet of the oversized product as well as during the ordering process. Shipping costs are shown during the checkout process!

The Service provider shall indicate the name and description of the product in detail and presents a photo of the product. The photos presented on the data sheet of the products may differ from reality and be illustrations. The Service provider assumes no liability for the difference between the picture presented in the Webshop and the actual outlook of the product.

The Service provider reserves the right of correction in case of mistakes or omissions in the Webshop regarding the products or the prices. In this case, after recognition and correction of the mistake the Service Provider shall inform the customer about the new data, without delay. Following this, the customer may confirm his order once again or either party may have the possibility to withdraw from the contract.

The Service provider assumes no responsibility if, regardless of its efforts and/or due to mistakes of the system, prices are indicated incorrectly or if prices are clearly incorrect as they significantly differ from the regular price level of the product (eg. HUF 0, HUF 1). In these cases the Service provider is not obliged to provide the product for the incorrectly indicated price. In case of indicating incorrect prices, the Service provider contacts the User by telephone or E-mail and offers the possibility to purchase the product for its real price, when the User may decide, being aware of this information, whether he orders the product for its real price or cancels the order without any detrimental legal consequences.

RIGHT OF WITHDRAWAL / RETURN POLICY

This clause shall apply to those natural persons, who exclusively outside their professional activities, individual jobs or business activities purchase, order, receive, use and apply goods and who are addressees of the commercial communication and offer related to the goods (hereinafter ”Consumer“).

Pursuant to Gov Decree 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and businesses In case of a contract on the sale of products, consumers are entitled to withdraw from the contract, without giving any reason, within fourteen (14) days of receipt of

the product,
the product delivered at last, if several deliveries are included,
the item or part delivered at last, if the product consists of several items or parts,
of the product delivered at first, by the Consumer or a third party designated by the consumer which is different than the carrier, in case the product is to be delivered regularly within a defined period.
Consumers are also entitled to exercise the right of withdrawal during the period between the date of concluding the contract and the date of receipt of the product.

If the Consumer wishes to exercise the right of withdrawal, an unequivocal notice to that effect shall be sent (for example a letter sent by postmail or E-mail) to the Service provider by using a contact detail indicated in clause 1 of this GCT.

The Consumer may be held liable for loss in value in the product, only if it has occurred in consequence of excess use, which is beyond the extent necessary for establishing the nature, features and operation of the product. Thus the Service provider may claim compensation for loss in value of the product, if it has occurred in consequence of excess use, which is beyond the extent necessary for establishing the nature, features and operation of the product and his reasonable costs – if the Service provider has commenced the performance of the contract on provision of services by the Consumer’s explicit request before the deadline open for withdrawal has lapsed.

You can send back your products to:

MAD Mentors Ltd.
Kavicsos street 17.
2049 Diosd
Hungary
(include copy or original of the invoice into the packet)

Please contact us before sending back items, as for many countries we can offer you collection service.

The Consumer shall not be entitled to withdraw from the contract:

• in respect of perishable products or products which deteriorate rapidly;
• in respect of products with closed packaging, which cannot be returned due to health protection or hygiene reasons. Acceptance of these products cannot be expected form the Service provider if the Consumer has already opened the package directly protecting the product and/or has started its normal use, as in this case it may be possible that the product contacted the human body or body fluids and bacteria, thus the hygienic and sanitary quality of the product cannot be guaranteed. If the Consumer has not yet started using the products falling under this exception and the package directly protecting the product has not been opened yet, he can assert his right of withdrawal according to the general rules. (i.e. food supplements)
• in respect of products, which after receipt, by their nature become inseparably mixed with other products;
• in respect of a not standard product, which was manufactured by the Service provider at the Consumer’s instructions or his explicit request, or in respect of products, which are obviously customised for the Consumer.
• in respect of sale of a copy of voice and picture recording or as computer software program, if the Consumer has opened the package after receipt;

Handling complaints

The Service provider aims to fulfil all orders in adequate quality with the complete satisfaction of the customer. However, in case the User has any complaint in connection with the contract or its performance, he may communicate his complaint to the E-mail address indicated in clause 1, or by mail, telephone or personally in the Service provider’s shops.

The Service provider, if possible, shall handle verbal complaints without delay. If immediate remedy of the verbal complaint is not possible by reason of the nature of the complaint or if the Customer does not agree with handling the complaint, the Service provider takes minutes about the complaint, which together with its substantive reply shall be kept for five years.

The Service provider shall give a substantive reply to complaints submitted in writing within 30 days. For the purpose of this contract, action shall mean sending by mail.

In case of rejection of the complaint, the Service provider shall inform the Customer about the reasons of rejection.

LIABILITY

User may use the Webshop exclusively at his own risk and agrees that the Service provider takes no responsibility for any material and non-material loss, which may arise during use except from liability for wilful act and breach of contract causing damage to human life, physical safety or health.

The Service provider excludes all liability for the conduct of Webshop users. The User shall ensure not to infringe the rights of third persons, laws and regulations during the use of the Webshop, either directly or indirectly. The User shall be fully and exclusively liable for his own conduct, the Service provider in these cases will fully qualified co-operate with the competent authorities in order to discover infringements.

The Service provider is entitled, but shall not be obliged to check the content made available during the use of the Webshop and in respect of the published contents, the Service provider is entitled to, but shall not be obliged to look for indications to illegal acts.

The sites of the service may contain connection points (links), which point to the websites of other service providers. The Service provider takes no responsibility for the data protection practice and other acts of these service providers.

Due to the global nature of the Internet, the User accepts that in the course of using the Webshop, its shall act by taking into account the provisions of relevant national laws as well. If any action related to the use of the Webshop is against the rules of the laws of the User’s country, the User shall be exclusively responsible for such use.

In case the User notices a reprehensible content at the Webshop site, he shall notify the Service provider thereof without delay. If the Service provider, acting in good faith finds that the notification is well founded, it is entitled to remove or modify the information without delay.

COPYRIGHTS

The whole Webshop, its graphical elements, text and technical solutions as well as the elements of the Service are protected by copyright or another intellectual property right (particularly trade-mark protection). The owner or authorised user of the copyright is the Service provider regarding all content presented during the provision of services via the Webshop: any work protected by copyright or other intellectual work (including, among other things, all graphics and other material, arrangement of fields of the Webshop, its editing, the applied software and other solutions, ideas and their implementation).

Saving or printing the content of the Webshop or its certain parts to a physical or other data carrier is allowed for private use of by the prior written consent of the Service provider. Use beyond private use, such as storage in database, forwarding, publishing or making available for downloading, placement on the market, is possible exclusively by the prior written consent of the Service provider.

Except from the rights explicitly defined in these GCT, neither the registration, use of the Webshop nor any provision of these GCT provide the Customer with rights for any use of any commercial name or trademark presented on the Webshop site. Except from presentation during regular use of the Webshop, the temporary multiplication necessary for this and taking copies for private use, these intellectual material shall not be used or modified in any other form without the prior written consent of the Service provider.

The Service provider reserves its rights regarding all elements of its service, with particular regard to the webshops domain names and the corresponding sub-domains, their sub-sites and the Internet advertising space. All actions aiming to list the database, compile, archive, hack or reverse engineer the source codes of the Service provider are prohibited, except if the Service provider gives a separate permission to this effect.

Without separate agreement or using the service for this purpose, it is forbidden to modify or copy the database of the Service provider, place new data in them or rewrite existing data by circumventing the search engines and the surfaces provided by the Service provider.

By using the Service, the User agrees that the Service provider may within the scope of the applicable Data Protection Information, use the data uploaded by the User at any time and anywhere without restrictions and payment of any separate fee.