Geschäftsbedingungen

General terms and conditions

The general terms and conditions for the sale and purchase of DAQ natural cosmetics via the website are described below.

GENERAL CONTRACT TERMS (GTC):

1. Scope of the General Terms and Conditions

This document regulates the general terms and conditions of the sales relationship between the operator of the daqcosmetics.at website and the Buyer (= Contracting Parties) who purchases the cosmetic products distributed by him from the webshop on a one-time or recurring basis. 

These General Terms and Conditions enter into force on 09/16/2023, apply to the territory of Hungary and are valid for an indefinite period.

It applies to the Contracting Parties to sales transactions concluded from the date of its entry into force.

2. Concepts, interpretation provisions

In application of these General Terms and Conditions:

Individual sales contract  (actual purchase) between the Seller and the Buyer as a result of the finalization of the product order, in addition to the sending of the seller’s confirmation,
is a legal transaction created in Hungarian, considered to be in writing, to which the
General Terms and Conditions in force at all times form an inseparable annex.

Seller (Service Provider, Company) details:

Name : Gábor Posztós

Headquarters : Austria 4653 Eberstalzell, Littring 34/9

Mailing address : 4653 Eberstalzell, Littring 34/9

E-mail : info@daqcosmetics.at

Website :  https://daqcosmetics. at website (website)

 

Data of the hosting provider:

Name : Hetzner Online GmbH

Headquarters : Industriestr. 25, 91710 Gunzenhausen Germany

Contact:  Email:  info@hetzner.com

Phone: +49 (0)9831 505-0

Contracting Parties:  the combined name of the Seller and the legal entity concluding the individual sales contract as the Buyer

Service : transfer of the seller’s ownership of finished products that can currently be ordered on the Seller’s website to the Buyer – in return for full payment of the purchase price – as well as the packaging and delivery of the goods

Product:  produced by the Seller and daq. article published on the hu website with a call for bids, which is the subject of the individual sales contract

Purchase price : the consideration for the Service to be provided by the Seller on the basis of the concluded Individual Purchase Agreement

Buyer : any natural person (individual) who purchases the Seller’s product or products online using the webshop on the daqcosmetics.at website – according to current Hungarian law

Web account : a personal user interface reserved for the Buyer on the daqcosmetics.at website, which records the delivery address, recent orders, and discounts.

3. Additional additional provisions

3.1. In the absence of a different provision of the General Terms and Conditions and the Individual Purchase Agreement, any deadline set for the sales relationship between the Seller and the Buyer is calculated in calendar days and may expire on a day off, holiday or holiday.

3.2. The Contracting Parties must send their legal declarations (e.g. cancellation, etc.) to the Seller’s premises (address: 2051 Biatorbágy, Szabadság út 34.) they cannot be considered a valid statement.

3.3. By accepting the General Terms and Conditions, the Buyer undertakes not to make legally binding changes to the delivery data related to the given purchase after the conclusion of the Individual Purchase Agreement. The Buyer is solely responsible for damages, additional costs or other disadvantages resulting from a breach of this. The Seller has the obligation to communicate the change of data only in relation to the data specified in point 2 of these General Terms and Conditions, and it complies with this by amending the General Terms and Conditions.

3.4. The purchased Product shall be considered duly delivered by registered mail to the Hungarian address provided by the Buyer on the 5th (fifth) day following its delivery to the post office (or delivery to the courier) (presumption of delivery). The Seller excludes its responsibility for damages (or other disadvantages) arising from delivery obstacles to the Buyer.

3.5. As part of its obligation to prevent and mitigate damages, the Buyer shall immediately inform the Seller if any of the notifications it expected from the Seller did not arrive at all or at an inappropriate time.

3.6. Hungarian law, primarily the relevant provisions of Act V of 2013 on the Civil Code (Ptk.), govern matters not regulated in the Individual Purchase Agreement or the General Terms and Conditions, as well as any legal disputes that may arise.

3.7. The Contracting Parties state that they will primarily try to resolve their legal disputes arising from the individual sales agreement, including the General Terms and Conditions, by peaceful means, therefore they are obliged to negotiate in the event of a legal dispute. If their consultation does not lead to a result, they must use the assistance of the competent Conciliation Board. More information about the Conciliation Boards is available here
:  http://www.bekeltetes.hu . 

More information about the territorially competent Conciliation Boards
is available here:  https://bekeltetes.hu/index.php?id=testuletek

4. Creation, requirements, elements and characteristics of the contract (individual sales contract).

    

4.1. The Buyer shall purchase the Seller’s products for the  daq. hu website. When the first individual
sales contract (actual purchase) is concluded, the Seller automatically registers the Buyer with the data provided during the product order and sends a notification by e-mail. With the order, the Buyer consents to the Seller sending information to the e-mail address provided by him. 

4.2. The Buyer acknowledges and irrevocably accepts that, due to the nature of the sale and purchase on the Internet, he can only use any seller’s service if he provides the Buyer with the necessary data during the actual purchase process and accepts the registration for the website. The Buyer hereby authorizes
the Seller to provide customer data that is essential for the purchase and registration and related to the right to informational self-determination and freedom of information CXII of 2011. preserve, store and handle according to law. At the same time, the Seller declares and undertakes that it will not misuse the Buyer’s data, will not disclose them to unauthorized persons, or provide access to unauthorized persons.

4.3. The seller is not responsible for the daq . For indirect or direct damage resulting from the use of the hu website, anyone can use any information or suggestions found there at their own risk and at their own risk. The seller bears absolutely no
responsibility for any disadvantages arising from forgetting or losing the username and password required to log in to the website. If the reason for the obstruction or termination of access to the seller’s service arises in the interests of the Buyer, the Seller is not obliged to provide the Buyer with a new user interface, name or password.

4.4. The seller is not responsible for any damages, losses, or costs that may arise from the use of the daqcosmetics.at website or the financial institution’s website, their unusable state, improper operation, malfunctions, changes to data by an unauthorized party, and those that result from delays in the transmission of information. , are caused by a computer virus, line or system error, or a similar technical
reason.

4.5. The Seller is entitled to terminate (delete) abusively used user interfaces (accounts) without notice, provided that it is not obliged to provide its services to the Buyer who demonstrates this type of behavior (whether in connection with the purchase or the validation of the guarantee/warranty claim), but at the same
time the purchase price that may have been fulfilled – reduced by the costs already incurred, but at the same time without late payment interest – must be paid back to the Seller by the Buyer.
The Seller is not liable for compensation as a result of the termination of the user interface as a result of improper customer exercise of rights . The Seller has the exclusive right to classify behavior as an “abuse of customer rights” as such. It is considered an abusive exercise of rights, in particular, if the Customer does not take delivery of the ordered product on several occasions (even 2 such occasions lead to the deletion of the Customer account) or returns an incomplete product, which it can be clearly established that it was not lost as a result of wear and tear resulting from everyday
use of its original quantity, or it is contaminated, or the returned original cosmetic container (packaging) contains other materials or a mixture of materials different from the original.

4.5. From the buyer’s side, during the purchase process, even before finalizing the product order, it is possible to identify and correct any data entry errors that may arise by using the user interface as intended.

4.6. The process of product purchase

4.6.1. Selection of products

The customer can find the group of available cosmetic products in the “Products” menu item of the daqcosmetics.at website. Here you have the opportunity to get information about individual products and to choose the products you want to buy. The seller only offers for sale the finished products listed on the “Products” page of the website. The customer acknowledges that the product prices indicated in the menu system are not the same as the purchase price created when the order is finalized, the product prices are a part of it. Seller reserves the right to unilaterally modify product prices for reasons of business policy. The right to change the price does not extend to already established (concluded) contracts. Due to system errors and order changes resulting from electronic communication, the Seller cannot be disadvantaged, and the resulting additional obligations will not be charged to the Seller. Due to the above reasons, the Seller is entitled to cancel or modify orders.

4.6.2. Order product(s) (purchase)

By using the daqcosmetics.at website as intended, the customer places the selected product or products in the “Shopping Cart”. The “Basket” functions as a package consisting of several products. The buyer can freely change the contents of his basket until the order is finalised, his performance obligation does not arise until the conclusion of the contract.

If the Customer no longer wishes to change the products in his basket, he can continue his order by clicking on the ‘Next’ button, then entering (selecting) his delivery address, payment and delivery method, and possibly sending a comment (message).

The customer can then place the product order by recording the delivery and invoicing data, occasionally coupon codes entitling to discounts, and finally by accepting the General Terms and Conditions. At the same time, he consents to the reception and processing of the IT data set related to the sale by the Seller’s computer system, and thereby declares that he has fully familiarized himself with the contents of the GTC in force at all times and has accepted it as binding for him
.

The seller confirms the successful order (purchase) by recording it first on the user interface, and then to the customer’s e-mail address provided during the product order. The fact of confirming the purchase does not prevent the Seller from refusing the performance of the service for a valid reason.

The Individual sales contract between the Seller and the Buyer is established by sending the seller’s confirmation, until the product is received by the Buyer, but for a maximum of 30 (thirty) days. In connection with the conclusion of the individual sales contract, the Buyer expressly accepts that the finalization of the product order – in accordance with the chosen payment and delivery method – also
creates an obligation to pay the purchase price and to accept the product.

The Seller records the created unique sales contract in its own database as an electronic data set, which also becomes accessible to the Buyer in its own web account, under its menu item recording previous purchases.

The Individual Purchase Agreement created on the basis of the above – and the General Terms and Conditions that form part of it – contain all the terms of the agreement between the Contracting Parties (completeness clause).

In the case of partial invalidity of the Individual Purchase Agreement, the entire agreement becomes invalid only if the parties would not have concluded it at all in view of the changed content.

4.6.3. Fulfillment of the purchase price

The purchase price consists of the following: the price of the products and the shipping
cost

The Buyer is not charged for packaging during the order, the Seller
provides it free of charge.

The product price does not include the consideration for the delivery of the goods,
which is otherwise classified as an item of the purchase price, so it
is compensated by its fulfillment. The Buyer must pay
the cost of delivery to the delivery address provided by him in case of delivery by any delivery method and/or delivery service provider, unless the purchase price reaches the value of free delivery. The currently effective delivery fees can be found on the daqcosmetics.at website .

The seller lists all elements of the purchase price in the gross amount
on his website, and the invoice for the purchase price is also listed accordingly in the CXXVII of 2007.
Act (VAT)
is issued in electronic form
based on the invoicing data provided by the Customer during the product order, taking into account the provisions of Section 259.5. By accepting these General Terms and Conditions, the Customer
consents to invoicing electronically
, by accepting the invoice electronically and then
handling, keeping and archiving it according to the applicable rules. The parties declare that they accept
the invoice sent by e-mail in PDF format as an electronic invoice and treat it as such.
The invoice
is authentic even without a separate (electronic or other) signature. It is recommended to print and keep the invoice.

The payment of the purchase price of the purchased products can only be made by using one of the payment methods specified below , and the
Buyer accepts by finalizing the order that
he will not be able to perform under other conditions.

– Prepayment purchase

In the case of an advance purchase, the Buyer transfers the purchase price in advance to the Seller’s bank account number 11794015-21450826-00000000 at OTP Bank.

The Seller starts
sending the product to the Buyer after the fully transferred purchase price has been credited to the Seller’s bank account.

The Buyer acknowledges that the Seller is unable to influence the crediting period of the bank transfer, therefore the Seller is not liable or liable for any delay in the transfer.

– Purchase by bank card payment

Barion’s system allows for online bank card payments

In the case of bank card payments made through Barion’s system, the bank card data does not reach the merchant. Barion Payment Zrt., which provides the service, is an institution under the supervision of the Magyar Nemzeti Bank, license number: H-EN-I-1064/2013.

– Cash on delivery purchase

In the case of a cash on delivery purchase, the Buyer undertakes to pay the full purchase price to the delivery service provider in cash at the same time as the delivery of the product(s), in an amount accurately calculated in advance and communicated during the product order
.

4.6.4. Delivery, receiving the product

The delivery of the purchased product (delivery to the delivery address specified by the Buyer) is carried out with the help of a delivery service provider (e.g. courier service).

• The ordered products are handed over for delivery to the delivery service provider within 1-3 days, but no later than 5 days. In the event of a change or possible obstruction, the currently valid delivery deadlines and other conditions and the
  contact details of the service provider carrying out the delivery are included on the daqcosmetics.atwebsite (GDPR/Data Management Information) with updated information.

The Buyer can choose delivery with the delivery service provider to the delivery address specified by the Buyer during the order in addition to using any of the payment methods.

The service provider performing the delivery (e.g. courier service) carries out the delivery in accordance with its own contractual conditions, according to its own protocol and code of conduct.

The delivery service provider, as a carrier, will notify the Buyer of the arrival of the product package without delay. After receiving the notification, the Buyer is entitled to dispose of the shipment. The product package will be delivered on working days between 8:00 a.m. and 5:00 p.m. to the delivery address specified during the purchase
. The delivery fee, which is part of the purchase price, includes this basic service.
The Buyer has the opportunity to negotiate directly with the supplier on the terms of a limited period (for example, morning) delivery, however, the carrier may charge a surcharge for this service in accordance with its tariff, which the Buyer must
settle at the same time when receiving the product.

If the delivery of the product package is due to a reason arising in the Buyer’s interests
(e.g. incorrect delivery data was entered during the purchase) or the
foreseeability clause [Ptk. 6:142. §] suffers a delay or fails due to his/her violating behavior
, the resulting damages
(additional costs, other disadvantages) are without exception borne by the Buyer
, and the Seller is not liable for them either to the Buyer or to third parties.

At the time and place of receipt of the product package, the Buyer is obliged to check the contents of the shipment item by item, both quantitatively and qualitatively, and sign the consignment note (the acknowledgment of receipt) if the Seller fulfills the contract. The properly issued waybill
(acknowledgment of receipt) proves, until proven otherwise, that the shipment and its packaging were in perfect and complete condition at the time of receipt.

4.7. Faulty performance, complaint handling

Upon discovery of a possible defective performance, the Buyer is obliged to notify the Seller of the error (deficiency) without delay via one of the contacts available under the “Contact” menu item on the daqcosmetics.at website.

It is considered defective performance by the seller if the product package is damaged and the damage report recording the damage as a fact is not attached or if the shipment does not contain the products purchased by the Buyer.

The Buyer is obliged to compensate for
damages (additional costs, other disadvantages) resulting from the delay in reporting the error, the failure to report the error online, and the receipt of the defective (incomplete) product package.

With regard to the sold goods, the risk of damage is transferred from the Seller to the Buyer when the Buyer takes possession of the product.

If the Buyer has a complaint in connection with the products or the seller’s service, it should be reported via one of the contacts found under the “Contact” menu item on the daqcosmetics.at website.

The seller records and records complaints in the manner and content according to its procedure
.

 the Seller investigates the received complaint in the order of receipt, within 30 (thirty) days at the latest, and then notifies the Buyer of the result of the investigation and further actions and options in accordance with its procedure.

The seller is obliged to keep the documentation prepared on the complaint at its premises for five years, and present it to the authority authorized to inspect at their request.

If the complaint is rejected, the Customer can appeal to the supervisory bodies, conciliation board or the court.

4.8. Termination of the individual sales contract, withdrawal rights and prohibitions

The individual sales contract is deemed to have been fulfilled by the contractual fulfillment of the seller’s service and the purchase price.

The Contracting Parties may terminate their individual sales transaction by mutual agreement for the future. In this case, the Parties are not obliged to provide additional services and are obliged to account for the services already performed before the termination.

The buyer can use the right of withdrawal from the purchase in the case of an unopened product .

The right of withdrawal shall be deemed to have been asserted within the deadline if the Buyer sends the withdrawal statement within the deadline, which deadline is 8 days. The first day of this deadline is the calendar day after receiving the product package. The buyer bears the burden of proving that he has exercised his right of withdrawal in accordance with this provision. Declaration of withdrawal from the purchase.

The cancellation, including the customer’s bank account number, must be sent to the Seller’s location by registered mail with return receipt requested. The declaration of right of withdrawal must be accompanied by the purchased unopened goods and the original copy of the sales invoice. A formal withdrawal sent with the required attachments
shall terminate the individual sales contract upon delivery to the Seller (when the presumption of delivery has been established), but in other respects it shall not be considered a legally binding communication. The non-destructiveness of the product is confirmed by the integrity (no damage) of the destructible sticker placed on the product

The buyer bears the costs incurred in connection with the return of the product due to the exercise of the right of withdrawal (e.g. packaging and postage). The buyer is also responsible for any damages incurred during the return of the product due to faulty packaging of the product.

The Seller is obliged to refund the price of the product or products to the Buyer no later than 30 (thirty) days from the date of delivery of the cancellation (when the presumption of delivery begins), but may also demand compensation for damages resulting from improper use of the product. In the case of canceling the purchase of a complete product package, the amount to be refunded is the amount of the original purchase price minus the shipping cost. The Seller does not reimburse the cost of the delivery of the product package purchased by the Buyer to the delivery address specified by the Buyer, it is fully borne by the Buyer.

The Buyer does not have the right to withdraw from the purchase if the purchased product cannot be returned due to its nature. The product is also considered unsuitable for return service if its origin cannot be identified due to damage to the product’s texture or packaging.

The buyer is not entitled to withdraw from the individual sales contract with reference to loss of interest
:

delay in the transfer, or if the Buyer used an unsuitable payment method or instrument

if you submitted the product order less than 4 (four) working days before the first day of the national or religious holiday, and you specifically wanted to get your
Seller’s item on the occasion of the holiday

if the Seller refused to perform the service for a legitimate reason

In the case of customer withdrawal from the individual sales contract regarding the “package offer” advertised on the daqcosmetics.at
website , the right of withdrawal can only be asserted
jointly and uniformly for the entire package and all the products included in it .
Each of the products included in the “package offer”
must individually meet the
requirements detailed above for the exercise of the right of withdrawal.

4.9. Modification of the General Terms and Conditions

The seller has the right to unilaterally amend the General Terms and Conditions.

The seller is obliged to publish the currently valid General Terms and Conditions on his website,
indicating its entry into force

5. Final provisions

The Buyer can initiate the administration of the service
by making a request to the Seller’s customer service by telephone or in correspondence (by post or electronic mail)
. The contact details of the customer service
(email address, phone number)
are indicated by the Seller in the “Contacts” menu item of the daqcosmetics.at page.

The operator of the da q.hu website (also the Seller) informs the Customer that it has taken
the necessary security measures for the protection of data stored at the service provider on the server used by it
, and during operation
continuously maintains and updates the security measures
in order to protect the Customer’s data.

The customer declares that he has reached the age of 16 and consents
to the processing of his personal data in accordance with the data management declaration .

The customer acknowledges that 45/2014. (II. 26.) Based on Section 29.e) of the Government Decree, cosmetics are not entitled to the right of withdrawal defined in Section 20 of the Cr .

 

No special hardware is required to use the daqcosmetics.at website. The
website is accessible via the generally and more frequently used operating
systems and software (e.g. Windows, Linux, iOS, Android, Google
Chrome, Mozilla Firefox, Opera, Safari browser, etc.)

Copyright: the daqcosmetics.at website is an author’s work, its parts are protected by copyright. It is only possible to take any material from the website (website) and its database
with the written consent of the right holder. In all such cases, the display can be made by referring to the website and indicating the source.