General terms and conditions

GENERAL TERMS AND CONDITIONS

The online store of Profinails Cosmetics Plc. offers for sale the chemical and fragrance products of Profinails from the online catalogue of the webshop www.profinails.eu. Profinails reserves the right to change the catalogue of the products it sells.

By submitting your order for products on the www.profinails.eu website, you declare that you are aware of and are bound by the General Terms and Conditions. Under the terms of this contract, a contract is concluded between you, as the buyer, and Profinails Cosmetics Plc., as the seller - the operator of the website www.profinails.eu - by accepting your offer, and you acknowledge that your order is subject to payment.

The contracts covered by these GTC are not a written contract, are not filed, are written in english and do not refer to the Code of Conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.Orders placed in the online shop constitute a declaration of implicit conduct.

These GTC apply to legal relations on our website.

These GTCs are continuously available on our website.

The Terms and Conditions include the content of the contract between us - subject to the provisions of the applicable mandatory legislation. Accordingly, these GTC contain the rights and obligations of you and our webshop, the conditions for the conclusion of the contract, the time limits for performance, the delivery and payment terms, the liability rules and the conditions for exercising the right of withdrawal.

During the ordering process, the customer will be informed of the products, their parameters, qualities and characteristics, gross prices and payment terms, information on delivery and the means of receipt of the goods.

In the event that you do not agree with the contents of these GTC, you are not entitled to view the contents of the online shop and place an order.

Our webshop does not contract with minors. You, as the Customer, declare that you are of legal age by accepting these Terms and Conditions.

Profinails declares that it has all the authorisations required by law for the sale of products and the operation of the online shop.

If you have any questions about these Terms and Conditions, the use of the online shop, the products, the purchase or the delivery process, please contact us at our contact details.

In case of any problem or question, please contact the customer service on profinails@profinails.eu e-mail address!

Website Operator: Profinails Cosmetics Plc.

Address: H-6100 Kiskunfélegyháza Gábor Dénes park 8. (Industrial Park)

Location: H-6100 Kiskunfélegyháza Gábor Dénes park 8. (Industrial Park)

Company registration number: Cg-03-10-100467

Registering authority: Company Court of Kecskemét

Tax Number: HU 24371645

E-mail address : profinails@profinails.eu

Phone number: +36 76 656 124

Customer service: +36 20 488 4435

Host: Webcredit s.r.o.

Address: Hlavná ulica 690/42, 943 54 Svodín, Slovak Republic

Company Registration Number: IČO: 47624094

Tax number: SK 2023990584

E-mail: solutions @webcredit.sk

Using the webshop

The subject matter of the contract is the products in the online shop, the exact description of which can be found on the product page. The prices indicated next to the products are gross prices, expressed in HUF and include VAT in accordance with the legislation in force.

Prices

The purchase price of the products is the gross price indicated next to the selected product, including VAT. Unless otherwise indicated on the goods, the purchase price indicated shall be for one item and shall not include the purchase price of any other products related to the item. Prices do not include delivery charges. The amount of the delivery charge is indicated before finalizing the order and is also included in the GTC - Delivery charges.

The price indicated on the product data sheet is the gross offer price of the product. In addition, the cost of delivery service is indicated on a separate sheet. Accordingly, the offer price is composed of the purchase price of the goods plus the delivery charge and is only final when the customer has duly completed the steps of the ordering process and the order has been approved by Profinails. The final price can only be modified by mutual agreement of the parties.

Procedure in case of incorrect price

It is possible that a product is listed in the online shop at an incorrect price. We are unable to accept and deliver the order at an incorrect price. In the event of an order for a product at an incorrect price, no contract will be concluded between the seller and the buyer. In the case of an order placed at an incorrect price, our system may send an automatic confirmation e-mail, which is not considered as acceptance of the order. In such a case, we will inform the Buyer of the new details immediately after the error has been detected or amended. The Customer may then confirm the order once again or either party may withdraw from the contract.

In the case of a price error, there is a noticeable discrepancy between the real and the indicated price of the product/service, which should be immediately apparent to the average consumer. According to Act V of 2013 on the Civil Code (Civil Code), a contract is concluded by the mutual and consensual expression of the will of the parties. If the parties cannot agree on the contractual terms, i.e. if there is no mutual and unanimous expression of the will of the parties, the contract is not a valid contract, which would give rise to rights and obligations. On this basis, an order confirmed at an incorrect price shall be considered as a void contract.

In the case of some products, there may be a discrepancy between the image and the description of the product due to a data entry error, in which case the rules on incorrect prices apply and the error will be notified as soon as it is detected.

Registration

To place an order, you must register on the site. Registration is completely free.

The Buyer is obliged to take care of the username and password required to access the account created during registration. The Seller shall not be liable in the event that the Customer's username and/or password are forgotten, lost or in the possession of a third party unauthorized to use the account through no fault of the Customer. In the event of forgetting or losing the login data of the user account, the Customer is entitled to request a new username and/or password for his/her user account via the dedicated interface of the webshop.

There are three customer levels that can be registered and these can be changed using the tabs available in the top line of the Registration menu.

The registration can be submitted by clicking on the "Go to registration" button.

A feedback message will be sent immediately upon successful registration.

At the same time as registration, our system will create a user account which can be used immediately.

Description of the three types of registrations

Regular customer - The most common form. Retail customers who order from the store less frequently, mainly for their own use. Anyone can register a regular customer account, i.e. any individual or even a business.

We operate our webshop as a manufacturer and wholesaler, so we offer a discount to our customers who use our products professionally or sell our products as resellers.

We have therefore created two additional priority (B2B Business to Business) customer categories, which we accept on the following proofs.

Once approved, the "Professional" or "Reseller" accounts will be activated with the discounts associated with the account and, when purchased with the account, the discounts associated with that account will be automatically applied in our system without any further request.

Professional customer - We support people who work in our specialized field, and the Professional account is designed for them.

A professional customer is a person or business who is a professional nail technician, a student of a professional nail technician or any other professionally related activity and has a business tax number.

The conditions for the authentication of the account are:

to carry out the activity in a self- or partnership-based business
having a branch of activity corresponding to his/her professional qualification (e.g. Chiropody and manicure)
first order minimum gross amount 38.18 EUR
average annual turnover undertaken 1st year grace period gross 127.25 EUR afterwards gross 190.88 EUR
no disqualifying factors based on prior partner verification.

The possibility of creating a professional account is also indicated at the registration stage.

The professional account can be used once the validation procedure has been completed and the 20 % discount will apply once it has been used.

The discount is as follows:

Our partners with a valid "Professional Customer" account will receive a 20% discount on the retail price, which will be credited as a discount on the current commercial invoice, invoice total, after each purchase.

Reseller - reseller partners, Retail stores, store chains

The conditions for the authentication of the account are:

individual or partnership businesses with a tax number
first order minimum gross amount 509.01 EUR
average annual turnover undertaken gross 2036.04 EUR
For new partners, an additional condition is a gross turnover of 509.01 EUR - 509.01 EUR monitored for the first two quarters
agrees to deviate by up to 10% from the recommended retail prices indicated in our webshop without prior agreement. Any significant price deviation will be agreed with our company in advance
no disqualifying factors based on a prior partner check of your company.

The "Reseller" account can be used once the validation procedure has been completed and the discount will apply once it has been used.

The discounts are as follows:

Our partners with a valid "Reseller" account can buy at discounted prices with special conditions. The discounted prices and other conditions are not publicly available and the discount is typically more than 20% of the retail price. Naturally, all interested parties and prospective reselling partners with a business tax number will be informed individually and precisely when contacted.

Both Professional and Reseller accounts become available after authentication. The authentication process takes a variable amount of time, but can be completed in 4-5 working days maximum. Typically in 48 hours.

Accounts can be used until authentication, but only Regular customer rights apply.

Coupon System

Our webshop offers a discount in the form of a coupon, the detailed conditions of which can be found here:

https://www.profinails.eu/coupon_system

First purchase newsletter acceptance discount

As a new user, you will receive a -15% first purchase discount which can be used on your first purchase from our webshop within 1 month of registration. The acceptance of the newsletter is required to redeem.

Unsuccessful login, login problem handling

Please enter the email address you provided when registering in the "Forgot your password?" at

https://www.profinails.eu/forgotten_pass

and our system will send you an easy-to-use new generated password consisting of 4 digits. You can now log in with this password and easily change it in the Change data menu.

If you have any further problems, please contact our customer service team, we will help you.

Process of purchasing

The buyer is required to provide his/her real data during the purchase. If the Buyer provides false or real data that can be linked to another person, the contract between the Seller and the Buyer is null and void. We shall not be liable for any delivery delays or damages resulting from untrue, inaccurate or incorrect data.

The purchase is subject to registration. Registration is free of charge.

By filling in the registration form, the customer provides his/her purchase data, which can be modified/canceled later - until the order is confirmed by Profinails - and Profinails will fulfill the order and issue the invoice according to these data.

1. Choosing the product

You will find our products in the product categories on the main page, including the subcategories.

Clicking on any image will automatically display the menu structure. The main category menu structure is also available in the header of the main page. After selecting a subcategory, the products or additional product families containing the products are displayed directly. It is also possible to search for products by name or any information. To do this, enter the name, part of the name, or any information in the search field of the "magnifying glass" icon in the header of the main page, and click on Search.

You can find out the characteristics of the product you want to buy by looking at the description next to the image of the product. If you have any further questions about the products, please feel free to contact our customer service. For further information, please use the contact details under the contact menu.

The price indicated in the product listings of the Profinails on-line shop is the final consumer gross price of the product with "Regular Customer" and "Professional customer" registration, and the reseller gross price of the product with "RESELLER" registration, valid only for the date of publication.

When placing an order, Profinails undertakes to deliver the selected products to the customer at the price valid at the time of ordering, in accordance with the approved registration.

In the online shop, the product data sheet will display essential information about the product to help you to find your way around in advance.

In the shop you will find the classic product data sheet.

The "Normal view" displays the contents:

Product photo, Product name. Availability: in stock, available to order, not currently available, add to favorites, product price, add to cart. Use the + icon to increase the number of items, Add to cart button.

The photos of the products are illustrations. The colours and scales shown on the screen may differ from the actual colours and scales of the products.

Simplified B2B ordering interface

This feature is only available to registered members and is primarily intended for our B2B (Business to Business) professional and reseller partners who purchase in large volumes.

By activating this function, the product subpages of the webshop, such as product listings - shopping cart - order items, will be displayed in a simplified form. We recommend this simplified display primarily to our professional and reseller partners who buy large quantities of products and who have a more routine way of moving between our products, so it is unnecessary for them to browse through the detailed product data sheets before placing each order.

Only available to registered members! Log in and click on the user account icon to switch on/off the simple view. The display can be reset to normal view at any time by clicking again. The display request is stored in the system so that the previous display mode is automatically used by the webshop when you log in for a new visit. We also provide our reselling partners with a fast track order entry option based on product item number. This feature is useful if the partner is writing the order on an order form with paper article numbers and wants to record it later in his ecommerce account. Simply type the item number into the interface without searching, press enter, then the part number and press enter again....

2. How to add a product to cart

Once you have selected the product, you can add it to your basket by entering the quantity you want in the box next to the basket icon on the product details page or by using the + icon to increase the quantity. Click on the basket icon next to the desired quantity. A notification will appear in the top right hand corner to let you know when the basket has been successfully added. Once added, the number of items field will be highlighted with the number of items in the basket. As an additional feedback, the main "Shopping cart" values available in the page header will also change or the number of items in the cart will increase above the large cart icon.

3. View the contents of the cart

You can place an order by clicking on the Shopping Cart section on the right side of the header. After clicking here, you will first see the contents of the Shopping Cart and you will have the possibility to modify it. You can change the quantity of the products in it or even discard the product. The last item in the basket is always the delivery charge.

Only registered and logged in members can place an order. If you are browsing the shopping cart without logging in, you will be asked to log in or register to proceed. The information provided during registration will be automatically displayed before finalizing the order.

4. Enter your data

The data you enter during registration will be automatically displayed before finalizing your order.

5. Delivery and payment terms

You must select the delivery and payment method:

home delivery - payment by bank transfer in advance
home delivery - online payment by bank card
home delivery - cash on delivery
pick-up at GLS package point - payment by bank transfer in advance
pick-up at GLS package point - payment by bank card in advance

Please be aware that delivery to package point and cash on delivery are only available within the teritory of Hungary.

Estimated delivery time: 1-5 days

Home delivery is provided by the courier service GLS General Logistics Systems Hungary Kft and their partners in the selected country.

6. Checking the order

Before placing your order, you can check the contents of your shopping cart, your preferred delivery method, as well as your shipping and billing details. If you find an error, please press the BACK button and make the necessary changes.

By clicking on "Proceed to order" you will be taken to a confirmation page where you will be asked to review the order items once again. Here you can also see the payment method you have chosen. Under the items you have the possibility to add a comment to your order (e.g. what time of day you would like the delivery to be made).

We provide the possibility to go back from this page to change items or payment method.

7. Finalizing the order

You can finalize your order only after accepting the GTC and the Privacy Policy.

This is followed by clicking on the "Order with payment" button. When ordering from our online shop, you as the Buyer are considered to be the offeror, and the contract between the Buyer and the Seller is concluded when the Seller accepts the offer made through the online shop. The automatic order confirmation email sent by the online shop is not considered as acceptance of the offer.

Clicking on the "Place Order" button will register your order and you will immediately receive a confirmation message on its success.

If you have selected BARION as payment method, you will have to wait for our approval, which will take up to 1 day. Once the payment has been approved, you can pay by clicking on the "Pay" icon in the order header in your account. Please make this payment as soon as possible. If you are unable to pay due to any technical problems, we will provide you with the option to pay in your own account alongside the order.

Your successful orders will be added to your account where you can view them retrospectively. Each order will have a unique Status flag, which allows you to track the status of your order. After the order has been placed,this will be the status: "Your order has been received".

All orders will also be notified by email to the email address provided at registration. This e-mail will contain the order items with the order ID and the time of placing the order.

8. Possibility to correct data entry errors

During the order process, the Customer has the possibility to correct or delete the data entered. If you have already proceeded with the data form you wish to correct, but have not yet finalized your order, it is advisable to check the steps by clicking on the blue "Modify" button, where you can make the changes. If you wish to make changes to your details after you have submitted your order, you can do so using one of the contact details above. By finalizing the order, you acknowledge that the Seller cannot be held liable for any damages incurred by the Customer as a result of the Customer's incorrect data entry or inaccurate data. An inaccurately entered email address or a saturation of the mailbox storage space during the ordering process may result in a lack of confirmation, which may prevent the conclusion of the contract.

Our webshop assumes that the customer is aware of and accepts the possibilities and limitations of the Internet, in particular with regard to technical performance and errors that may occur. The webshop is not responsible in any way for the consequences of the failure of the reception device due to a network failure in the communication lines, software malfunction, program error, technical error.

Limitation of liability

When shopping in the www.profinails.eu online shop, it is the responsibility of the customer to know and accept the possibilities and limitations of the Internet, the rules and dangers of sending and receiving data, the technical performance of the network used and the possibility of errors in the system. The www.profinails.eu webshop is not responsible for any errors listed in the following points or for any other reason:

Unauthorized access to any information or data sent and/or received via the Internet network.
The transmission of any information or data or any information or data of any kind to or from the Internet network, including any kind of malfunction, program or technical error, and the consequences thereof. Any failure that may occur, which may interfere with the proper use of the Internet and/or the website, the purchase, the flow of information or any other technical failure.
Any failure of the communication lines in any device.
Malfunction of any software used by any party.

It is the user's responsibility to assess the risks and take appropriate steps to ensure that the data stored on the computer he/she is using is adequately protected from unauthorized intruders. The user is responsible for his/her connection to and activities on the webshop.

9. Order confirmation

The Seller shall send the Customer a confirmation e-mail without delay of the acceptance of the order. This email will inform the Buyer of the receipt of the order and of the acceptance of the order, informing the Buyer of the expected delivery date and the conditions of delivery. Please note that the contract between our online store and you is concluded on the basis of the confirmation, in accordance with the terms and conditions set out in the GTC.

Our webshop reserves the right to clarify the content of the order by e-mail.

If the confirmation e-mail is not sent, the Customer is not bound by the order and is not obliged to receive the product delivered.

The Profinails system assigns an order identification number to each valid order, which the Customer will find with each order in his account in the store or in the order confirmation e-mail sent to the Customer's e-mail address. Only orders with an order ID are valid! After placing the order, Profinails will send the customer a confirmation of the order immediately, but within 48 hours at the latest.

If the confirmation of the order is not received within 48 hours, the customer is released from his obligation to submit an offer. Profinails shall provide the customer with the opportunity to modify or cancel his order until the order is confirmed.

If an order or orders are modified or merged for any reason, the modified order shall be subject to the conditions in force at the time of modification.

10. Payment

10.1. Payment by bank card

Barion provides profinails.eu with the possibility of card acceptance through its secure card acceptance system using SSL protocol.

You can read the terms and conditions of online card acceptance here:

https://www.barion.com/hu/altalanos-szerzodesi-feltetelek/

By using the card, you acknowledge that the following personal data stored in the user database of Profinails Cosmetics Plc, the website operator, will be transferred to www.barion.com. The data transmitted are: name, email address, receipt address data.

Credit card data will not be transmitted to the merchant. The service provider Barion Payment Inc. is an institution supervised by the National Bank of Hungary, license number: H-EN-I-1064/2013.

When paying by credit card, you will be redirected to the payment page of barion.com and the payment will be made on a page that operates according to the rules and security standards of international card companies and not on the profinails.eu page.

Our company, our website does not have any form of access to your card details or the details of the bank account behind it, its number or expiry date.

To pay by credit card you will need the following information, please have your card ready:

Card number: the number formed by 13-19 digits embossed or printed on the front of the card
Expiry date: the number in dd/mm format embossed or printed on the front of the card
Validation code: the last three digits of the numeric code (CVV2 or CVC2) on the signature panel on the back of the card. If your card does not have such a code, please leave the relevant field on the payment page blank.

You can pay in our store with the following card types. Both embossed and non-embossed cards are accepted:

MasterCard
Visa Classic
American Express – except cards issued by OTP Bank Plc.
Visa Electron depending on the issuer - for these cards the issuer determines the use of the card online, if authorized, our system can accept it
Maestro – cards issued by OTP Bank
Maestro – cards issued by other banks. Acceptance is conditional on the bank issuing the cardholder's card also supporting the use of Maestro cards for e-commerce transactions.

10.2. Bank transfer:

Payment in advance for delivery in Hungary.

account holder: Profinails Cosmetics Plc.

bank name: OTP Bank Plc.

account number: 11732071 23255335

Bank transfer in advance for international deliveries (please check in advance for shipping costs).

Bank details for International and EU customers:

Bank: OTP Bank Nyrt.

SWIFT/BIC: OTPVHUHB

EUR Bank Account No. (IBAN): HU78 1176 3323 7044 0881 0000 0000

USD Bank Account No. (IBAN): HU71 1176 3323 7043 9018 0000 0000

In case of payment by bank transfer, we will upload a PDF copy of the commercial invoice to your account before the order is placed and will send you an e-mail notification. You can complete the transfer according to the details on the invoice. When making the transfer, please include the invoice serial number in the comment field. In any case, we will send you a notification of receipt of the purchase price.

11. Delivery conditions and charges

Orders received before 12:00 noon can usually be fulfilled the next day, but within 2-5 working days at the latest. Orders are delivered on a continuous basis every working day of the week. For products not in stock, the customer will be informed of the expected date of dispatch. An invoice for the name and address provided at the time of ordering will be enclosed in the package.

The Buyer is obliged to accept the products ordered in the Profinails Cosmetics Plc. online store and delivered by the Seller to the address provided. If the payment method is "The total amount of the order is paid to the courier upon receipt." If the Customer has chosen the option "pay the courier the full amount of the purchase price" for the order, the Customer is obliged to pay the Courier the purchase price indicated on the invoice sent by the Seller, including the delivery costs of the products, in cash.

THE COST OF PACKAGING, TRANSPORT:

WITHIN THE TERRITORY OF HUNGARY 4.33 EUR,

Please note that delivery to the GLS parcel delivery point is only available in case of prepayment by bank transfer or prepayment by credit card and it is not available currently outside Hungary.

For orders from natural persons who are consumers, delivery is free of charge for orders over 30.54 EUR,- within Hungary.

For orders placed by our registered partners who are professional customers of profinails.eu online store, delivery is free of charge within Hungary for orders over 63.63 EUR.

For orders placed by our partners registered as resellers in the profinails.eu on-line shop, delivery is free of charge within Hungary for orders over 165.43 EUR.

Profinails delivers outside Hungary only to the countries of the European Union, with the understanding that the delivery is not free of charge, but the delivery costs will be determined and agreed with the customer on a case-by-case basis.

Delivery charges abroad can always be finalized after the order has been placed. The delivery price shown in the shopping cart is an approximate price, the final price will be adjusted as follows:

up to 5 kg	up to10 kg	up to 20 kg	up to 30 kg	up to 40 kg	countries
5.09 EUR	9.57 EUR	10.99 EUR	13.46 EUR	15.60 EUR	Slovakia, Slovenia, Austria, Czeh Republic, Romania, Croatia
12.34 EUR	12.71 EUR	16.94 EUR	20.61 EUR	22.47 EUR	Poland, Germany, Belgium, Netherlands, Luxemburg, Liechtenstein, Bulgaria
19.89 EUR	20.61 EUR	22.84 EUR	29.09 EUR	32.04 EUR	Denmark, France, San Marino, Vatican, Italy, Monaco, Ireland
24.50 EUR	26.89 EUR	52.30 EUR	65.18 EUR	71.44 EUR	Lithuania, Lethonia, Spain, Sweden, Estonia, Greece, Portugalia, Finland

For orders over 40 kg, the products are delivered in several order units.

12. Delivery, pick-up, payment

The package you have ordered will be delivered by GLS General Logistics Systems Hungary Inc. Please be sure to provide a delivery address where you can pick up your package. Please make sure to check the package for integrity and contents when you pick up the package. If not, we cannot complain to the courier company about any damage that may have occurred during delivery!

In the case of delivery abroad, the cost of delivery must be agreed in advance.

Company name: GLS General Logistics Systems Hungary Inc.

Address: 2351 Alsónémedi, GLS Európa utca 2.

Post address: 2351 Alsónémedi, GLS Európa utca 2.

Company registration number: 13-09-111755

Tax number: 12369410-2-44

Telefon: +36 29 886 700

Mobil: +36 20 890-0660

E-mail: info@gls-hungary.com

You can track your Package by clicking on the black "Truck" icon in your current order when logged into your account.

13. Check product

As the buyer, you are responsible for checking the integrity of the product upon receipt. If the product is checked in the presence of a courier and the product is damaged, do not take delivery of the product and have a report made. Complaints will be accepted in full if a video recording is made of the opening of the package, clearly showing that the package was unopened at the time of the recording and that the recording captures the full contents of the package in its unedited state.

The Buyer is obliged to check the package in detail at the time of delivery and to sign the receipt if the parcel is complete. An appointment can be made with the delivery company, which must be indicated in the comment box when placing the order. If the parcel is not accepted during the delivery, the carrier will leave a note and will attempt to deliver the parcel again up to two times. Deliveries are made between 8 a.m. and 5 p.m., usually in the morning! In all cases, payment is made in the pre-configured way specified at the time of ordering for our reseller partners.

14. After sales service

You can contact our customer service department after placing your order with the following contact details for cancellations or other queries regarding your order or the product ordered.

You can contact our customer service after your order for warranty, guarantee, cancellation or other support regarding your order or the product you have ordered, using the contact details under Contact Us:

Customer service:	profinails@profinails.eu
Telephone (Mon-Fri 8am-4pm):	+36 76 656 124 +40 728 032 022
Fax:	+36 76 433 102

15. Right of withdrawal

You have the right to withdraw from the contract without giving any reason within 14 days and to exercise any rights you may have under the law.

In the case of written withdrawal, it is sufficient to send the notice of withdrawal within 14 days.

The withdrawal period expires 14 days after the date on which you or a third party other than the carrier and indicated by you takes delivery of the goods, i.e. the withdrawal period starts on the date of delivery of the goods.

If you wish to exercise your right of withdrawal, you must send a clear statement of your intention to withdraw by post or by e-mail or electronic means to the following address:

Profinails Cosmetics Plc.

Address: H-6100 Kiskunfélegyháza Gábor Dénes park 8. (Industrial Park)

email: profinails@profinails.eu

You will have exercised your right of withdrawal within the time limit if you send us your notice of withdrawal before the expiry of the time limit indicated above, as follows:

Model withdrawal/cancellation notice:

I, the undersigned, declare that I exercise my right of withdrawal in respect of the contract for the sale of the following product(s):

Name of product(s):

Date of conclusion of contract / date of receipt:

Name of the consumer:

Address of the consumer:

Signature of the consumer: (only in case of declaration on paper)

Date: ....................................

You can also download the model withdrawal form in PDF format directly from our website.

Legal effects of withdrawal/cancellation

If you withdraw from this contract, we will repay you immediately, but at the latest within 14 days of receipt of your notice of withdrawal, for all the charges you have paid, including the transport costs, excluding any additional costs incurred because you have chosen a mode of transport other than the cheapest usual mode of transport offered by us.

The refund will be made using the same method of payment as the original transaction, unless you expressly agree to a different method of payment; you will not incur any additional costs as a result of using this method of refund. We may withhold the refund until we have received the goods or you have provided proof that you have returned them, whichever is the earlier.

You must return or hand over the product to us without undue delay and at the latest within 14 days of the date of your cancellation. The deadline is deemed to have been met if you send the product before the 14-day deadline and we bear the cost of returning the product.

You will only be held liable for depreciation of the product if it is due to use beyond the use necessary to establish the nature, characteristics and functioning of the product.

Please note that you have the burden of proving that you have exercised your right of withdrawal as set out above in accordance with Article 20 of Government Decree 45/2014 (26.II.).

The right of withdrawal may not be exercised in the cases provided for in Article 29 (1) of Government Regulation No. 45/2014 (II.26.):

a) in the case of a contract for the provision of a service, after the service has been performed in its totality, if the undertaking has begun to perform the service with the consumer's express prior consent and the consumer has acknowledged that he will lose his right of withdrawal after the service has been performed in its totality;

b) for goods or services whose price or charges are subject to fluctuations in the financial market which are beyond the control of the undertaking and which are possible even during the period laid down for exercising the right of withdrawal;

c) in the case of a non-prefabricated product which has been manufactured on the instructions or at the express request of the consumer or a product which is clearly personalized for the consumer;

d) in regard to a perishable product or a product whose quality is to be maintained for a short period;

e) a product in a sealed package which, for health or hygiene reasons, cannot be returned after opening after delivery;

f) in the case of a product which, by its nature, is inseparably mixed with other products after delivery;

g) in respect of an alcoholic beverage the real value of which is dependent on market fluctuations beyond the control of the undertaking and the price of which was agreed between the parties at the time of conclusion of the contract of sale but the contract is not performed until 30 days after the date of conclusion;

h) in the case of a contract for a service where the undertaking, at the express request of the consumer, visits the consumer in order to carry out urgent repair or maintenance work;

i) for the sale of a copy of a sound or video recording or of computer software in sealed packaging, where the consumer has opened the packaging after delivery;

j) in the case of newspapers and periodicals, with the exception of subscription contracts;

k) for contracts concluded at public auction;

l) in the case of a contract for the supply of accommodation, transport, car hire, catering or leisure activities, other than for the supply of housing, where the contract has a fixed deadline or period for performance;

m) in respect of digital content provided on a non-tangible medium, where the undertaking has commenced performance with the consumer's express prior consent and the consumer has, at the same time as giving his consent, declared that he acknowledges that he loses his right of withdrawal once performance has begun.

If you withdraw from the contract in compliance with the above rules, we will refund the amount paid by you as consideration, including any costs incurred in connection with the performance, without delay, but no later than fourteen days after we become aware of your withdrawal.

Please note that you may not exercise your right of withdrawal in the case of products which are in sealed packaging and cannot be returned after opening after delivery for health and hygiene reasons.

16. Accessories warranty, product guarantee, guarantee

You have the right to a warranty for accessories and a product warranty for the goods sold under the contract between you and our company, which we provide information on as follows, pursuant to the authorisation of Article 9 (3) of Government Decree 45/2014 (II.26.):

ACCESSORIES WARRANTY

In which cases can you exercise your right to a warranty of accessories?

In the event of defective performance by Profinails Cosmetics Plc, you may claim a warranty of conformity from the company in accordance with the rules of the Civil Code.

What rights do you have under your warranty claim?

You may - at your option - make the following claims:

You can ask for repair or replacement, unless the claim you have chosen is impossible or would involve disproportionate additional costs for the company compared with other claims. If you did not or could not ask for the repair or replacement, you can ask for a proportionate reduction in the price or you can have the defect repaired or replaced at the expense of the undertaking or, as a last resort, you can withdraw from the contract.

You may also transfer your right to a different warranty, but you will bear the cost of the transfer, unless it was justified or the business gave a reason for it.

What is the time limit for you to claim your rights under the accessory warranty?

You must give notice of the defect as soon as it is discovered, but no later than two months after the defect is discovered. However, you should note that you cannot claim for a defect after the two-year limitation period from the date of performance of the contract. For second-hand goods, this period is at least one year.

Against whom can you enforce your rights to claim a guarantee?

You can make a claim against the company.

What are the other conditions for exercising your rights to an accessory warranty claim?

Within six months from the date of performance, you can assert your rights to a supplementary warranty on the basis of the defect, provided that you can prove that the product or service was provided by Profinails Cosmetics Plc. However, after six months from the date of performance, you will be required to prove that the defect you have discovered existed at the time of performance.

PRODUCT WARRANTY

In which cases can you exercise your right to a product warranty?

In the case of a defect in a movable good (product), you can choose to either claim under the accessories warranty or the product warranty.

What rights do you have under your product warranty claim?

As a product warranty claim, you can only ask for the defective product to be repaired or replaced.

In which cases can a product be considered defective?

A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.

What is the time limit for making a product warranty claim?

You have two years from the date on which the product was put on the market by the manufacturer to make a product warranty claim. After this period, you lose this right.

Against whom and under what other conditions can you enforce your product warranty?

You can only exercise your right to a product warranty claim against the manufacturer or distributor of the movable item. You must prove that the product is defective in order to make a product warranty claim.

In what circumstances is the manufacturer (distributor) relieved of its product warranty obligation?

The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:

the product was not manufactured or put into circulation in the course of his business. or
the defect was not detectable according to the state of science and technology at the time when the product was placed on the market, or
the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority.

The manufacturer (distributor) needs to prove only one ground for exemption.

Please note that you cannot claim both a warranty for accessories and a product warranty for the same defect at the same time. However, if your product warranty claim is successful, you may pursue your accessories warranty claim against the manufacturer for the replaced product or repaired part.

According to our obligation under Article 5 of Decree 19/2014 (IV.29.) NGM, we will attempt to carry out the repair or replacement within 15 days at the latest. In the event of failure to repair or replace the goods, you will be entitled to claim compensation in accordance with the provisions of the Civil Code. 6:159 (2) (b), you may claim a proportionate reduction of the remuneration, repair the defect yourself or have it repaired by another party at the expense of the obligor, or withdraw from the contract if the obligee has not undertaken to repair or replace the defect, cannot fulfill this obligation within a reasonable period of time, or if the interest of the beneficiary in the repair or replacement has ceased.

GUARANTEE

In what circumstances can you exercise your right to a warranty of replacement?

In case of defective performance of our online store, you are under a warranty obligation pursuant to Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain consumer durables.

What are your rights under the warranty and within what time limits?

Duration of the guarantee:

a) One year for a sale price of 25.45 EUR but less than 254.50 EUR

b) two years if the sale price exceeds 254.50 EUR but does not exceed 636.26 EUR,

c) three years if the price exceeds 636.26 EUR

Failure to comply with these time limits shall result in forfeiture of rights. In the case of repair of the consumer goods, the period of the guarantee shall be extended from the date of delivery for repair by the time during which the consumer could not use the goods for their intended purpose because of the defect.

Rights under the guarantee may be exercised by means of a guarantee certificate, which shall not be conditional on the consumer returning the unopened packaging of the consumer goods.

In the event of failure to make the guarantee voucher available to the consumer, the conclusion of the contract shall be deemed to have been proved on presentation by the consumer of a receipt, invoice or proof of payment. In this case, the rights arising from the guarantee may be enforced by means of proof of payment of the consideration.

You may also, at your choice, claim for repair directly at the place of establishment of the trader, at any of its premises, branches or repair services indicated by the trader on the guarantee voucher. Only new parts may be installed in the consumer goods during the repair.

If, during the guarantee period, the first repair of the consumer goods by the undertaking establishes that the goods cannot be repaired, the undertaking must replace the goods within eight days, unless the consumer has provided otherwise. If it is not possible to replace the goods, the trader must reimburse the consumer within eight days for the price indicated on the receipt, invoice or receipt provided by the consumer as proof of payment for the goods.

When is a business exempted from its warranty obligation?

A company is only exempted from its guarantee obligation if it can prove that the defect was caused after performance.

Please note that you cannot make both a warranty and a guarantee claim or a product warranty and a guarantee claim for the same defect at the same time, otherwise you will have rights under the warranty regardless of your rights under the product warranty and the guarantee.

17. Complaints handling

If you have a complaint about a contract with our online store or its performance, you can make your complaint using the following contact details:

Profinails Cosmetics Plc.

Address: H-6100 Kiskunfélegyháza Gábor Dénes park 8. (Industrial Park)

email address: profinails@profinails.eu

phone number: +36 76 656124

customer service: +36 20 4884435

You may make your complaint orally or in writing. We will promptly investigate your oral complaint and, if necessary, remedy it. If you do not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, we will promptly make a record of the complaint and our position on it, and

a) In the case of a verbal complaint made in person, a copy will be given to you on the spot

b) in the case of an oral complaint made by telephone or other electronic communication service, we will send you the complaint together with our response

Your oral complaint made by telephone or other electronic communication service will be given a unique identification number.

The record of the complaint will include your name, address, the place, time and manner in which the complaint was made, a detailed description of your complaint and a list of the documents, records and other evidence produced.

The record will state our position on the complaint, if an immediate investigation of the complaint is possible.

The record will also include the signature of the person who took the record and, except in the case of an oral complaint made by telephone or other electronic communication service, of you as the consumer, the time and place of the taking of the record and, in the case of an oral complaint made by telephone or other electronic communication service, the unique identification number of the complaint.

Within 30 days of receipt of your written complaint, we will investigate the merits of your complaint, respond to it in writing and arrange for its communication. In all cases, we will give reasons for any decision to reject the complaint.We will keep a record of the complaint and a copy of the reply for five years and will present it to the authorities who are monitoring it on request.

If your complaint is rejected, we will inform you in writing of the authority or conciliation body to which you can refer your complaint, depending on its nature. The information must also include the location, telephone and internet contact details and postal address of the competent authority or conciliation body in the place where the consumer resides or is staying. The information should also indicate whether the conciliation body will be used to settle the consumer dispute.

We will investigate the verbal complaint immediately and remedy it as necessary.

If you do not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, we will promptly take a record of the complaint and our position on it, with a copy to you.

We will respond to the written complaint in writing within 30 days. Reasons will be given for our rejection of the complaint. The record of the complaint and a copy of the reply will be kept for five years and will be presented to the supervisory authorities at their request.

18. Legal remedies

You are informed that if your complaint is rejected, you can take your complaint to an official or conciliation body, as follows:

The Consumer may submit a complaint to the consumer protection authority:

According to Government Decree 387/2016 (XII.2.) on the designation of the consumer protection authority, the Government Office acts as the general consumer protection authority in administrative authority matters - http://www.kormanyhivatal.hu/hu/elerhetosegek

In the event of a complaint, the Consumer has the possibility to apply to a conciliation body.

The conciliation body is competent to settle consumer disputes out of court. The conciliation body's task is to try to reach an agreement between the parties to settle the consumer dispute and, if this is not successful, to rule on the case in order to ensure that consumer rights are enforced in a simple, quick, efficient and cost-effective manner. At the request of the consumer or the Supplier, the conciliation body shall advise the consumer on the rights and obligations of the consumer.In the event of a cross-border consumer dispute relating to an online sales or service contract, the conciliation body attached to the Budapest Chamber of Commerce and Industry is the only competent body for the procedure.

The service provider has a duty to cooperate in the conciliation procedure, by sending its reply to the conciliation body and ensuring the participation of a person authorised to negotiate a settlement at the hearing. If the head office or place of business is not registered in the county of the chamber of conciliation which operates the territorially competent conciliation body, the obligation of cooperation of the business includes offering the possibility of a written settlement in accordance with the consumer's request.

The conciliation body's proceedings are initiated at the consumer's request. The consumer's recourse to the consumer conciliation body is conditional on the consumer attempting to settle the dispute directly with the business.

Direct dispute resolution can be done in person at the service provider's customer service, by telephone or by e-mail. A further requirement is that the request for the panel's procedure, which must be submitted to the chairperson of the panel, includes the following:

the consumer's name, place of residence and domicile;
the name and address of the undertaking or establishment with which the consumer is in dispute;
if the consumer wishes to apply to the body whose jurisdiction is the place of performance of the contract, the consumer must indicate the place of performance of the contract;
the consumer's position on the dispute and the facts and evidence supporting his position;
a statement by the consumer confirming that he has tried to settle the dispute directly with the trader;
the consumer must also declare that he has not initiated proceedings before any other conciliation body, mediation or civil action in respect of his dispute;
state what he or she is asking for and what decision he or she expects the body to take.
In addition, the request must be accompanied by any documents relied on by the consumer as evidence and by documents proving that the consumer has tried to settle the dispute with the business but has been unsuccessful.

19. Court proceedings

If the consumer does not apply to a conciliation body or if the procedure has not been successful, the consumer may apply to the courts to have the dispute settled.

The action must be brought by means of a statement of claim containing the following information:
the competent court;
the names, domicile and status of the parties and their representatives;
the right claimed, stating the facts on which it is based and the evidence in support of those facts;
the particulars from which the jurisdiction and competence of the court may be derived;
a request for a definitive ruling from the court (application)..

The application must be accompanied by the document or a copy of the document, the contents of which are relied on as evidence.

20. Online dispute resolution platform

The Consumer may use the EU online dispute resolution platform in case of a complaint. Access to the platform requires a simple registration on the European Commission's system. Once logged in, the consumer can then submit a complaint via the online website, whose address is:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

For matters not covered by these General Terms and Conditions, the provisions in force shall apply, in particular:

Act V of 2013 on the Civil Code ("Civil Code")
and Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (Act on Electronic Commerce),
Act 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses
Government Decree No 151/2003 (IX.22.) on the mandatory guarantee for consumer durables
Decree 19/2014 (IV.29.) NGM.) on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business
Act CXX of 2011 on the Right of Informational Self-Determination and Freedom of Information
REGULATION (EU) No 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on combating unjustified territorial restrictions and other forms of discrimination based on the nationality, residence or domicile of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
REGULATION (EU) No 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation)

Explanation of terms used in the General Terms and Conditions:

Parties: Seller and Buyer jointly and severally
Consumer: a natural person acting outside the scope of his profession, self-employed occupation or business activity
Consumer contract: a contract to which one of the parties is a consumer
Website: the present website which is used for the conclusion of the contract
Contract: a sales contract concluded between the Seller and the Buyer using the Website and electronic mail
Remote communication device: a device which enables the parties to make a contractual statement in their absence in order to conclude a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in the press with order forms, catalogues, telephones, faxes and Internet access
'Distance contract' means a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only in order to conclude the contract
Product: any marketable movable good included in the offer of the Website and intended for sale on the Website and which is the subject of the Contract
Business: a person acting in the course of his trade, profession, self-employed occupation or business
Buyer(s): the person who enters into a contract making an offer to purchase via the Website
Warranty: in the case of contracts concluded between a consumer and a business (hereinafter referred to as "consumer contract"), the warranty for the performance of the contract within the meaning of the Civil Code, which the business voluntarily assumes for the proper performance of the contract, in addition to its statutory obligation or in the absence thereof, and the statutory mandatory warranty

The webshop profinails.eu reserves the right to modify these General Terms and Conditions, with the modification taking effect upon publication on this website.

Dated: Kiskunfélegyháza, 2021. 09. 07.