General Terms and Conditions of Contract

(Effective as of 4 May 2020)

These General Terms and Conditions of Contract (hereinafter the ‘Contract’) lay down the rules of using the websites available at the www.waysderma.com  internet addresses (hereinafter the ‘Website’), owned by the following companies:

With regard to the Webshop and the retail services:

UR TRAVELS Kft

Registered office: H-1052 Budapest, Piarista utca 4, Hungary

Company registration number: 01-09-923609

Registered and kept on record by: Company Registry Court of Budapest-Capital Regional Court (Hungary)

Email address:  in English: customercare@waysderma.com

Website: www.waysderma.com

Tax number: 14865101-2-41

Intra-Community VAT: HU14865101

(hereinafter: WaysDerma) 

AS SERVICE PROVIDERS, ALONG WITH THE RULES FOR USING THE SERVICES AVAILABLE THROUGH THE WEBSITE, AND SPECIFY WHICH ACTIVITIES ARE NOT ACCEPTABLE ON PART OF THE USERS.

Name, registered office and contact information of the hosting provider: “Shopify Contracting Party” means Shopify Inc., a Canadian corporation, with offices located at 150 Elgin Street, Suite 800, Ottawa, Ontario, K2P 1L4., email: info@shopify.com, Website: www.shopify.com)

  1. Purpose of the Website

The purpose of the Website is to operate the services available on the Website. These services offer you the possibility to shop in an online store (hereinafter the ‘Webshop’) and to receive information on our services, products and company. The Webshop only serves for the retail trade of ‘Apothekers’ branded cosmetic products. As a professional user, you have the possibility to obtain information on our events, activities and trainings as well as to order the same on the Website.

  1. Users

Registered users: the Website offers the possibility of registration. For the purposes of this Contract, Users shall mean to include the natural or legal persons, organisations lacking legal personality or the sole traders carrying out the registration. The Users having performed the registration receive a user account, to which they can log in. Registered users can place orders also within their user account, and can manage their orders in such account.

The Website provides the possibility for retail or professional registration (within the latter, as a beautician or beautician student).

Users placing an order: For the purposes of this Contract, Users shall mean to include the natural or legal persons, organisations lacking legal personality or the sole traders placing an order in the Webshop or on the Website.

Special rules: the order can be placed by a person who

  • has provided the data necessary for the order, and
  • has made the declarations necessary for the order, and
  • has agreed to be bound by the provisions of this Contract.

Newsletter: you have the opportunity to subscribe for an advertising newsletter on the Website. For the purposes of this Contract, Users shall mean to include the natural or legal persons, organisations lacking legal personality or the sole traders subscribing or having subscribed to the newsletter.

Unless expressly stated otherwise, the rules applicable to Orders shall hereinafter also apply to registration and newsletters.

Browsing Users: If you are browsing the Website without placing an order, the provisions of this Contract still apply to you. By using or browsing the Website you automatically agree to the rules of this Contract.

The persons meeting the above conditions are hereinafter referred to as: User or you.

 IF YOU ARE UNDER 18 YEARS OLD

If you are under 18 years old, ask your parent to read the following and help you with using the Website and shopping. If you are under 16 years old, then, before agreeing to cookies or subscribing to the newsletter, ask your parent to read the following and help you with checking these platforms.

For parents: On the WaysDerma Website, Users can use various services. Persons under the age of 18 may not individually order products or services from us, and may not register on the Website. Therefore, in the case of underaged children below the age of 18, we request parents to place the order for their children. This section also applies to those who are under the charge of a guardian and have limited capacity. Persons over the age of 16 can subscribe to newsletter and agree to the use of cookies, therefore, in the case of underaged children below the age of 16, we request parents to consent to the above on behalf of their children.

  1. Declarations

By downloading the Website, ordering a product or service on the Website and indicating your acceptance of this Contract, you agree to the following obligations:

  • you certify that you understand and are familiar with the language of the Contract, which is the Hungarian or English language, and are not impeded from using that language;
  • you certify that you have become fully familiar with, have understood and agree to be bound by the provisions of this Contract, with special regard to the limitations of liability as specified in Section 12 herein, as a prerequisite of placing an order in the Webshop or on the Website, will comply with the same, and use the services of the Website voluntarily and based on your own decision, in aware of the above;
  • you certify that your personal data provided upon placing the order are true and correct, are not misleading, and they do not infringe upon the personality rights of any other person (e.g. you do not and will not place an order or use the Website and the Webshop on behalf of another person without that person’s permission);
  • you represent that, while using the Website, you will not engage in any illegal, unauthorised or other activity contrary to the Contract (including unsolicited electronic communication, unauthorised intrusion to the Website’s IT system or the attempt thereof, or impeding the Website’s operation) and will comply with all rules applicable to the User’s behaviour and activities;
  • you represent that you do not and will not use the Website to harass another User, to commit libel or defamation, to violate another User’s human rights, rights relating to personality or other rights, or for political activity;
  • you acknowledge that should you fail to provide all data requested for the use of the Webshop or a service available on the Website or should you disable certain applications, the services of the Website may not be available, or only to a limited extent;
  • YOU AGREE TO FULLY COMPENSATE ANY DAMAGE CAUSED TO WaysDerma IN RELATION TO THE ACTIVITIES PERFORMED BY YOU AS A USER IN CONNECTION WITH USING THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, NON-COMPLIANCE WITH THE DECLARATIONS IN THIS SECTION AND YOUR OBLIGATIONS UNDER THE CONTRACT) AND WILL INDEMNIFY WAYSDERMA VIS-À-VIS THIRD PARTIES FOR ALL CLAIMS RELATING TO YOUR USER’S ACTIVITIES AND ALL DATA AND CONTENT PROVIDED AND PLACED BY YOU, WITHOUT LIMITATION IN TIME. FULL COMPENSATION SHALL ALSO COVER ALL DIRECT AND INDIRECT DAMAGE, PROFITS FOREGONE, AS WELL AS PROCEDURAL AND ATTORNEY’S COSTS.

The User’s order shall be deemed invalid unless he or she complies with the conditions of Section 2 and 3 herein and has accepted the provisions as binding on him or herself.

  1. Main characteristics of our products and services

Main characteristics of the Webshop: Waysderma operates a Webshop, engaging in the retail trade of cosmetic products.

Due to the retail activity, we can only perform your orders for the Webshop’s products in a retail quantity, which means up to 3 pieces of a given product (exception: dust mask 15 pieces)  in any given purchase, or the maximum order quantity indicated next to the product on the Website depending on product type.

The main characteristics of the products can be viewed by clicking on the product name. We recommend you to ask for professional advice of beautician before using any products. Inadequate use of products can cause permanent skin lesions!

Consultation in connection with the products offered in the Webshop is available here:  customercare@waysderma.com in English.

Chat consultation:

In certain periods, WaysDerma may offer chat consultations on the Website in connection with the products available in the Webshop. Please note that the chat consultation is not provided by WaysDerma; WaysDerma is only responsible for making available the chat platform. Consultation is provided by the beautician professional responding to the chat message. Please also note that the chat consultation shall not qualify as comprehensive cosmetic consultation regarding the products; the consultation only relies on the information you provided during the discussion you initiated. WaysDerma excludes its liability for any and all damage resulting from or in connection with the information communicated, or failure to communicate material information, during the chat consultation. We recommend you contact your beautician for a comprehensive consultation personally if you can, or write to the following consultation e-mails:  customercare@WaysDerma.com in English.

Prices: The prices indicated in US$ on  Website in English language in the Webshop are net prices that encludes value-added tax. The indicated purchase price shall mean the full purchase price of the product. Our prices indicated on the Website shall only be valid if the order is placed on the Website. WaysDerma reserves the right to change purchase prices. Any change to the purchase price shall become effective upon being published on the Website. The change shall not affect the price of already ordered products. In addition to the full purchase price, the unit price of the product will also be indicated.

Discounts: If you have a coupon entitling you to a discount on Webshop purchases, you can find the discount rate (applicable to the price of the given product as indicated in the Webshop) as well as the validity and terms of use of the coupon in the notice attached to the coupon.

Manufacturing of products: Please be informed that, in respect of the manufacturing processes of its cosmetic products, Apothekers applies standards of Good Manufacturing Practice (GMP). Such Good Manufacturing Practice (GMP) complies with the requirements of the MSZ EN ISO 22716 standard. The Good Manufacturing Practice (GMP) system introduced in accordance with the MSZ EN ISO 22716:2008 international standard provides guidance for the manufacturing, control, storage and transport of cosmetic products. By operating the Good Manufacturing Practice (GMP) system, we have been proven to be able to continuously manufacture cosmetic products meeting customers’ expectations as well as the applicable legal and other regulatory EU requirements.

Events and trainings indicated on the Website: The Website also features events, trainings or activities that we sell mainly to professional Users, promote or only provide information regarding them. You can find the relating conditions of purchase or participation on the Website, by clicking on the name of the events, news or trainings in question.

Main characteristics of registration: You have the opportunity to register on the Website. In addition to retail registration, we also provide the opportunity for professional registration (for beauticians and beautician students). In the retail registration service, through the registration we create your own user account in which, after logging in, you can keep track of your orders and can place new orders. As part of the registration services, WaysDerma provides Users with a personalised user account suitable for communication via email (hereinafter the ‘User Account’). In the User Account, you can also manage your data provided for the use of the account. You acknowledge that your use of this service shall be conditional upon your valid retail and/or professional registration. 

Termination of the User Account: You can delete your User Account by sending an email to that effect to WaysDerma at customercare@WaysDerma.com in English.

Main characteristics of the newsletter service: In the newsletter service, by subscribing to our newsletter you have the opportunity to provide your contact information for receiving news and offers from us. Based on that, thereafter we will regularly send you our news and offers in the form of our electronic newsletter. Upon our request, you can also send us your opinion regarding the product purchased by you in the Webshop or regarding the Webshop itself. You can unsubscribe from our newsletter service any time.

Correction of mistakes in data entry: You can correct any erroneously entered data on the registration and order form, before clicking on the button for sending the order or confirming registration. After the registration, you can correct your registration data in your User Account in the User profile menu by deleting the erroneous data, entering the correct data, and saving the changes. After placing the order, you can no longer correct any data erroneously provided in the order. Please note that the orders placed will be performed according to the data you have provided.

The conditions of operation of the Website and the Webshop: WaysDerma hereby informs you that the use of the Website and the Webshop is subject to having an internet connection. There is no minimum download speed required but a low bandwidth may slow down the Website. Ensuring the internet connection shall be the User’s responsibility; WaysDerma has no influence on the connection or the properties of such connection in any way. The use of the Website and the Webshop also requires a web browser, the availability of which shall be the User’s responsibility. Please note that the use of older browsers may limit the accessibility or speed of the Website.

The Website and the Webshop are made available by WaysDerma in Arabic and English language.

You acknowledge that WaysDerma is operating the Website from Hungary, and WaysDerma does not warrant that the Website and the service available thereon will be available or will properly operate also in other countries and/or that they will meet your demands.

Applicable technical protection measures: 1) the Website uses https protocol when managing data, thus the User and the server communicate through encrypted connection; 2) payment takes place through the own platform of the payment provider, so WaysDerma will not see or access the User’s bank card data or any other data provided for payment.

Changes in the Website: In order to improve the Website and the services, WaysDerma will develop and update the Website regularly, therefore you accept that WaysDerma may change the form, characteristics and any aspect of the Website, the Webshop and the services without sending a prior notification thereof, may (temporarily or permanently) terminate the provision of the Website, the Webshop or the services (or any feature or part thereof) without notifying you in advance in writing; and that the Website may download and install its updates automatically from time to time, and so you consent to the download of such updates.

Protection of minors (under 18 years): Furthermore, you acknowledge that in order to protect minors, WaysDerma may restrict the availability of the Website regarding minors.

 

  1. Steps of placing an order and concluding a contract:
  2. A) WEBSHOP:

Process of order placement:

In the Webshop, purchase is possible by placing the order electronically. Select the product you want to purchase, then you can put it into your basket and provide the product quantity by clicking on the basket button next to the product. You can view and change your order by clicking on the basket icon. You can accept the changes, if any, by clicking on the button for the acceptance of changes. If you want to remove the product from the basket, click on the delete icon. If you want to continue shopping, navigate back to the platform showing the products, and repeat the above process to place the newly selected product in the basket. After that, you can log in to your account as a registered customer and place your order this way, or purchase without logging in. To log in, you need to provide your e-mail address and password received during Registration earlier. If you choose not to log in, you need to provide the data necessary for the order. Here you have the opportunity to correct or delete any erroneous data before clicking the order button. You can amend the data by deleting and re-entering them. You also have the opportunity to create (Register) a User Account by checking the relevant part (for creation of a User Account) upon providing the data. Upon login, the system will automatically offer your already saved order details. Select the payment and delivery method (it is only necessary when there are more than one options), and by checking the appropriate boxes, accept this Contract (in particular its sections departing from the provisions of the Hungarian Civil Code) and express that you have read the Privacy Notice.  It is not possible to place the order without providing the data necessary for the performance of the order, accepting this Contract (and individual sections of it) and reading the Privacy Notice. If you want to purchase the product, click on the button for sending the order. By clicking the ‘continue shopping’ or ‘back to cart’ buttons, you can continue shopping or modify your order. Before sending the order, you can also indicate your discounts (if any, e.g. coupon code) in the order by entering the data in the relevant field; please read the relevant provisions below. Clicking the button for sending the order shall entail a payment obligation, which you expressly acknowledge by sending the order (by clicking the order button). If you have chosen a payment method, follow the provisions below in the ‘Payment’ section. You will receive an automatic system message about the receipt of your order; however, this shall not qualify as a confirmation.

Registered retail Users can access their previous orders in their User Account. By clicking on the button for placing the products in the basket again, you can reorder the products selected from your previous orders.

Pre-order and stock monitoring process:

Pre–order: products currently out of stock but available for pre-order can also be added to the cart and can be ordered. When ordering a pre-orderable product together with a non-pre-orderable product, the price of the pre-ordered product will be added to the price of the other products when determining the delivery fee applicable to the order. Pre-ordered products will not be delivered individually, therefore we can only agree to longer delivery time.

Stock monitoring: If you wish to order one of our products which is not available in the Webshop,

  • we will indicate next to the product when it becomes available for orders, and you can order the product if you wish,
  • you can set it for stock monitoring by clicking on the ‘Notify me when this product is in stock’ button next to the product. If you have provided your valid email address for this purpose, we will notify you when the product is in stock again.

Use of discounts (e.g. coupon code):

WaysDerma may offer purchase discounts for the products and services available in the Webshop or on the Website. In case there are discounts offered for the products (e.g. coupon), products are offered free of charge, services are offered at a reduced price or free of charge, or fees are assumed (e.g. free delivery) for Webshop purchases, the given discount or reduction will only be valid if all terms and conditions indicated in the notice relating to the given discount or reduction are met; the discount at the defined rate may only be used until the specified date of validity and in the specified manner and, where a specified product range is defined, for the specified products; furthermore, the discount or reduction may not be redeemed for cash or credit.

If you wish to use a discount (coupon) included in a product recommendation received based on a cosmetic review or a discount (coupon) relating to the promotion of certain products, you may only use that for the product(s) listed in the product recommendation or in the notice attached to the coupon, within the validity period specified in the product recommendation or in the notice attached to the coupon, provided that of a specific product you can only purchase the maximum quantity specified in this contract at the time of a single purchase. You can use the discount for your first discounted purchase in the Webshop following receipt of the product recommendation or coupon and, upon making such a purchase, the entire discount will expire, and will no longer be available for purchases, even if you have used it only partially. Any discount remaining unused within the validity period will not be available for use later.

Payment process:

You can pay the full purchase price of the ordered products and services in the manners and at the charges indicated in the ‘Information on Payment and Delivery’ document (link). Please make sure to read that document before your purchase to receive information about payment methods and any applicable charges!

If the Website offers the possibility for payment upon delivery and you select that, you will have to pay the full purchase price to the delivery staff or the person delivering you the products at the time of receiving the product, using one of the methods specified in the ‘Information on Payment and Delivery’ .

If the Website offers the option of payment by bank transfer, you can settle the full purchase price or service fee in the form of an advance transfer implemented by a payment provider before receipt of the goods or use of the services.

If the Website offers the possibility of direct payment of the products or services, after selecting the payment method, you will be directed to the payment provider’s site, where you will be required to provide the data and make the declarations necessary for payment, and pay the full purchase price or fee of the product or service by clicking on the payment button. After successful payment, the payment provider will redirect you to the Website, and will send you and to WaysDerma a confirmation of successful payment.

The products will remain the exclusive property of WaysDerma until the full payment of their purchase price and the relating service fee (if any, e.g. delivery). If the purchase price or fee is refund fully or in part for any reason and in any manner, title to the products concerned shall vest back on WaysDerma to the relevant extent, unless the Parties have specifically agreed otherwise.

Confirmation process: The User will also receive an order confirmation – and, in the case of payment, a payment confirmation as well – by email to the email address provided by him or her for this purpose, within not more than 48 hours from the date of the order in case of cash on delivery and from the date of successful payment in case of payment on the Website. If the order was placed by mistake or it was not placed by you, or you have any other problems in connection with the order, please forthwith notify WaysDerma at the email address customercare@WaysDerma.com in English.

Invoice: WaysDerma will issue its invoice in PDF format, and will send it to the User as an attachment to an electronic mail. If the User wishes to request separate invoices of the individual items, he or she needs to order these separately. By agreeing to this Contract, the User hereby gives his or her irrevocable consent to WaysDerma issuing the invoice electronically.

Conclusion of the Contract: The Contract shall be concluded electronically between you and WaysDerma upon WaysDerma’s confirmation of the order by email. The Contract shall be concluded between you and WaysDerma at the date and time of sending the confirmation email.

By clicking on the order button, you give an offer to WaysDerma and you shall become bound to your offer. If the User does not receive the order confirmation within 48 hours, you shall be exempted from the binding effect of your offer, and shall not be obliged to take delivery of the product or service ordered. In such a case, WaysDerma will, within no later than fourteen days of becoming aware of the withdrawal, reimburse the full amount already paid by the User, including any costs arising with performance.

A new Contract will be formed upon every single order placed, even if the Parties are the same.

Duration of Contract: The Contract concluded between you and WaysDerma for product or service order shall remain in force for a fixed period, until full performance of the obligations laid down therein.

The shortest period of your obligations: the period from placing the order entailing a payment obligation until receipt of the products or services ordered and payment of their purchase price, fee and related costs.

Erroneous data: WaysDerma does its best to indicate accurate information on the Website; still, certain data or information may appear on the Website inaccurately or deficiently. Where the details or price of the products or services appear inaccurately or deficiently on the Website, WaysDerma reserves the right to correct the error or deficiency by also notifying the Users concerned. In such cases, WaysDerma shall have no obligation to deliver the product or service at the wrong price or with the wrong characteristics; instead, upon detecting the error, it shall forthwith notify the User placing the Order on the accurate data and offer delivery at the correct purchase price or with the real characteristics. In awareness of the correct purchase price or the real characteristics, the User may cancel the Order or confirm the Order; in case of underpayment, by paying the correct amount and, in the case of overpayment, by requesting refund. In case of cancellation, WaysDerma will refund all remuneration paid by you within 14 days of receipt of your declaration, including shipment (delivery) costs (if any) and, in case of overpayment, such overpaid amount.

Further data supply: If WaysDerma needs to provision of further data from you in order to properly perform the Contract, or any circumstance arises in relation to you which needs to be disclosed to WaysDerma for the performance of the Contract, you shall be obliged to disclose such circumstance, information or data to WaysDerma without delay.

  1. B) REGISTRATION

Registration process: You have the opportunity for retail registration on the Website. After providing the data and making the declarations as indicated, click on the button to confirm registration. Registration is subject to approval, and you will be notified when it has been granted. You can correct any erroneously entered data on the registration form before clicking on the button for confirming registration. After the registration, you can correct your registration data in your User Account in the User profile menu by deleting the erroneous data, entering the correct data, and saving the changes.

Retail registration is free of charge.

Conclusion of the Contract

In the case of registration, the Contract shall be concluded between you and WaysDerma upon the confirmation of the registration for an indefinite period. The shortest period of your obligations: the period during which you maintain your Registration.

  1. C) CHAT CONSULTATION SERVICE

Chat consultation process: where WaysDerma offers such service on the Website, you can send your questions in relation to the products available in the Webshop directly to a beautician by clicking the send button after entering it on the chat window (e.g. by typing, sending a photo), and the beautician will answer you in the chat window or by email. WaysDerma and the responding beautician professional will handle the provided data confidentially and use them only to the extent necessary for providing the service.

The chat consultation service is free of charge.

Conclusion of the Contract

The Contract is concluded between you and WaysDerma upon use of the chat consultation service (e.g. upon the sending of your message) for the duration of your participation in the chat. The shortest period of your obligations: the duration of your participation in the chat.

  1. D) NEWSLETTER

Newsletter subscription process: On the Website, you have the opportunity to subscribe for the regular electronic newsletters on WaysDerma’s offers, news and novelties. After providing the data and making the declarations as indicated, click on the button to subscribe. If you want to correct the data provided, you can do so on the subscription platform before clicking the subscribe button by deleting the incorrect data and providing the correct one, while after sending the subscription, by correcting the data in the newsletter settings menu in the User Account. If you want to unsubscribe from the newsletter, you can do so on the Website under the ‘Unsubscribe from newsletter’ menu by clicking the unsubscribe button after providing the relevant email address, or by clicking the unsubscribe link in the newsletter.

The newsletter service is provided free of charge.

Conclusion of the Contract

The Contract shall be concluded between you and WaysDerma upon subscription for an indefinite term. The shortest period of your obligations: the period until you unsubscribe.

  1. E) INFORMATION SERVICES

You have the opportunity to browse the Website and read the information published by WaysDerma. By starting to browse the Website, you accept the provisions of this Contract, and this Contract enters into effect between you and WaysDerma for the period of browsing. The shortest period of your obligations: the duration of browsing.

Specific provision applicable to REGISTRATION, NEWSLETTER , CHAT CONSULTATION AND INFORMATION (browsing the site) services:

Starting the service: By using these services, you expressly request WaysDerma to start providing these services without delay, within 14 days of conclusion of this Contract.

  1. The form, filing and availability of the Contract

You acknowledge that this Contract is concluded in electronic form between you and WaysDerma, and WaysDerma shall not be obliged to send you the Contract in hard copy. WaysDerma, however, allows and also recommends you to download this Contract to your own data carrier or to print it upon reading and accepting it. You also acknowledge that WaysDerma shall not archive the Contract or any other communication or transaction concluded by and between you and WaysDerma. WaysDerma will not keep this Contract on file. After conclusion, this Contract will be available on the Website under the ‘GTC’ menu.

  1. Language of the Contract, written form

The Contract is available in the following languages: English. This Contract is a distance contract, which shall be concluded by your conduct, and shall not qualify as a written contract.

  1. Amendment of the Contract

WaysDerma reserves the right to amend this Contract unilaterally, with the condition that WaysDerma shall notify you of the amendment at least 5 (five) days prior to the effective date of such amendment, in the form of an announcement through the Website. To be able to become aware of and view the amendment, you need to have internet access and shall check the Website regularly. WaysDerma undertakes to indicate the effective date in the heading of the Contract text published on the Website. The amendment shall not affect the performance of any pending orders. The amended provisions shall apply to the orders placed after the effective date.

The current Contract is available in the ‘GTC’ menu on the Website.

You acknowledge and accept that if you continue to use the Webshop and the Website after the terms and conditions of this Contract have changed, WaysDerma will deem that you have accepted the amended version of the Contract.

  1. Termination of the Contract

Withdrawal without giving reasons:

The User qualifying as a consumer shall be entitled to withdraw from this Contract and from the order within 14 days, without giving any reason, pursuant to the provisions of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (under Hungarian law, based on Government Decree No. 45/2014. (II. 26.)).

Please note that, having regard to the exclusions under law, in the case of our cosmetic products you may only exercise your right of withdrawal under law if you did not open the product. If the product has been opened, please read the part applicable to exclusions below regarding the orders placed in the Webshop.

‘Consumer’ means any natural person who is acting for purposes which are outside his trade, profession or business, who purchases, orders, receives, uses or makes use of goods, as well as the recipient of any commercial communication or offer relating to the product.

In case of orders placed in the Webshop: The period for withdrawal shall be 14 days from the day of receipt of the ordered product by you or a third party (other than the courier) designated by you. In the case of supplying more than one product, the period for withdrawal shall be 14 days from the day of receipt by you or a third party (other than the courier) designated by you of the last product ordered. In the case of delivery of a good consisting of multiple lots or pieces, the deadline shall expire on the day of receipt by you or a third party (other than the courier) designated by you of the last lot or piece.

If you wish to exercise your right of withdrawal, you can make your unequivocal statement setting out your decision to withdraw by sending the model form available here  or any other unequivocal statement on your withdrawal to WaysDerma by post or email to WaysDerma’s address indicated at the beginning of the Contract (H-1052 Budapest, Piarista street 4, Hungary) or to customercare@WaysDerma.com in English.

You shall be deemed to have exercised your right of withdrawal before the deadline if you send your statement on withdrawal (dispatch it by post or send by email) before the expiry of the above deadline (even on the last day of the deadline).

You may exercise their right of withdrawal also between the date of Contract conclusion and date of receipt of the product.

If it was the User who made the offer for Contract conclusion, he or she may withdraw from the offer before Contract conclusion, which shall terminate the binding effect of the offer for Contract conclusion.

If you withdraw from this Contract, we shall reimburse to you all consideration received from you, including the costs of shipment (delivery) (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by WaysDerma), without undue delay and in any event not later than 14 days from the day on which we receive your statement on withdrawal.

In the case of reimbursement, we apply the same method of payment as the one used for the original transaction, except if you expressly grant your consent to the use of another method; you will be charged no additional costs whatsoever due to the use of such method of reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your decision on withdrawal (the date of dispatch or handover shall be governing). The deadline shall be deemed complied with if you dispatch the product before the expiry of the 14-day deadline (even on the last day). You will have to bear the direct cost of returning the goods as shipping cost. WaysDerma shall not take delivery of the package if it is returned by cash on delivery.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

WaysDerma will forthwith confirm receipt of the User’s withdrawal statement by email.

You shall not be entitled to the right of withdrawal as regards the following:

  1. a) service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that the consumer will lose his or her right of withdrawal once the contract has been fully performed by the trader;
  2. b) the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the 14-day period;
  3. c) non-prefabricated goods made according to the consumer’s instructions or at the consumer’s express request, or which are clearly personalised;
  4. d) the supply of goods which are liable to deteriorate or expire rapidly;

e)the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

  1. f) the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
  2. g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which only takes place after thirty days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
  3. h) works contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance;
  4. i) the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed by the consumer after delivery;
  5. j) the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
  6. k) contracts concluded at a public auction;
  7. l) the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;
  8. m) the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his or her acknowledgment that he or she thereby loses the right of withdrawal.

Pursuant to the legal exclusion under point e) above, the User qualifying as a consumer shall not be entitled to withdraw from the Contract without giving reasons if he or she has unsealed the product, given that the product ordered by you will be a sealed product in each case, and is not suitable for return due to health protection or hygiene reasons after having been unsealed.

Termination with immediate effect: WaysDerma may terminate this Contract with immediate effect with giving the reasons and may delete or suspend your order in particular in (but not limited to) the following cases:

  • if you have violated the provisions of this Contract (or the conduct guidelines, if applicable) or the applicable laws;
  • if you fail to pay the purchase price or fee of the ordered products or services by the deadline;
  • if your conduct provides justified grounds for that, or if you cause damage in any other way;
  • if you use the Webshop or the Website other than in the intended manner;
  • if you infringe upon the conditions of intellectual property as regulated in the effective laws applicable to you or in the Contract, or violate them in any other way;
  • if WaysDerma closes the Webshop.

In the case of registration, subscription to newsletter, chat consultation and information services:

Termination without giving reasons: If you qualify as a consumer, you shall be entitled under law to terminate the service within 14 days of the conclusion of this Contract without having to give the reasons. As the service is not subject to a charge, WaysDerma has no reimbursement obligation to the User in this case (and you have no obligation to pay any fee for the already performed services to WaysDerma either). You may exercise your right of termination by using the declaration form (link) valid under the applicable law in force or by sending a clear declaration to this effect. You shall be deemed to have exercised your right of termination before the deadline if you send your statement on termination before the expiry of the above deadline. You shall send your unequivocal statement setting out your decision on termination (or the completed model form) to WaysDerma (for example by post or email) to WaysDerma’s address indicated at the beginning of the Contract (H-1052 Budapest, Piarista utca 4, Hungary) or to customercare@WaysDerma.com email address in English.

If the provision of the service has not yet started, the User qualifying as a consumer shall be entitled to withdrawal without giving reasons, which shall be governed by the rules applicable to termination without giving reasons.

You acknowledge and represent that once the service has been fully performed or as regards digital content which is not supplied on a tangible medium (e.g. information service on the Website), once performance has been started (given that WaysDerma has begun performance with the User’s prior express consent – see the statement at the end of Section 5 herein), you will lose your statutory right to termination without giving the reasons as above.

Irrespective of the above legal provisions, however, in the case of the Registration, newsletter, chat consultation and information service, under this Contract you may terminate the given contract any time in a unilateral statement addressed to WaysDerma in writing, without having to give reasons.

WaysDerma may terminate this Contract with immediate effect and may delete or suspend your registration, the sending of newsletters to you or providing you the chat or information service in particular in (but not limited to) the following cases:

  • if you have violated the provisions of this Contract (or the conduct guidelines, if applicable);
  • if your conduct provides justified grounds for that, or if you cause damage in any other way;
  • if you use the Webshop and/or the services other than in the intended manner;
  • if you infringe upon the conditions of intellectual property as regulated in the effective laws or in the contractual terms and conditions, or violate them in any other way;
  • if WaysDerma terminates the services.
  1. Circumstances of performance

Shipment and receipt in case of orders placed in the Webshop:

WaysDerma undertakes to attempt to deliver the package with the ordered products to the addressee within maximum 14 working days following order confirmation. Should there be problems in delivery which prevent compliance with this deadline, WaysDerma or its delivery agent will notify you of this without delay and will do their best to ensure delivery within the shortest time.

Delivery can take place in the manners indicated in the ‘Information on Payment and Delivery’ document (link). You will need to select the delivery method before placing the order.

Delivery fee: The delivery fee depends on the delivery zone. Therefore, you will be required to pay the delivery fee indicated next to the zone in which your requested delivery address is located.

You can find the delivery zones and the accurate amounts of the relating fees in the ‘Information on Payment and Delivery’ document (link).

If WaysDerma provides such opportunity and you choose to pay the price of the product upon delivery, you will be required to pay a cash on delivery [COD] fee (if applicable) in addition to the purchase price and the delivery fee at the time of payment. If WaysDerma provides such opportunity, extra delivery service (e.g. rapid delivery) may also be available. You can find the exact fees of COD or extra services, if any, in the ‘Information on Payment and Delivery’ document (link).

Please read the ‘Information on Payment and Delivery’ (link) before placing your order to be aware of the possible methods and exact fees of delivery!

WaysDerma may use a delivery agent for shipment. WaysDerma will send your order placed in the Webshop in the form of a parcel to the delivery address or parcel point. You shall be obliged to cooperate with both WaysDerma and the delivery agent so that products can be delivered without delay, in accordance with the data indicated in the order.

At the time of delivery and receipt, the delivery agent shall not be obliged to verify the identity of the receiving person. Delivery shall be certified by the signature of the receiving person, the recording of the receiving person’s name by the delivery agent or, in the case of parcel point deliveries, the fact of receipt. If a person other than you takes delivery of the package, the terms and conditions of this Contract shall be binding on you in every respect the same way as if you acted at delivery. Delivery is only possible after payment of the COD fee (if any), signing of the delivery receipt or recording of the name or, for parcel point delivery, after application of the personal code.

In case of having to wait for longer than 15 minutes, the delivery agent may abort its delivery attempt and may leave without delivery.

 Please check the product upon receipt in each case. If you detect any injury on the package, request it to be recorded and do not take delivery of the package.

If necessary due to force majeure, a legal provision or official measures, WaysDerma or the delivery agent may restrict or suspend orders and delivery, or change their terms.

Special rules pertaining to registration, chat consultation and newsletter: WaysDerma shall provide you the affected services immediately upon completion of the registration, subscription or as soon as you start using the chat window; in the case of registration, the user account, in the case of newsletter, the subsequent online advertising newsletter and, for consultation, the opportunity of sending the question and receiving the answer from the moment of starting to use the chat window.

  1. The rights of WaysDerma, conduct guidelines

WaysDerma reserves the right (but undertakes no obligation to) verify your identity with a view to avoid misleading identification data and the use of misleading content; and, in connection with that, WaysDerma shall be entitled to restrict your access until the completion of such verification process. Any delay resulting from that shall not result in a delay in performance, instead the deadlines undertaken by the company in the contract shall be automatically extended by the term of such verification.

WaysDerma reserves the right (but assumes no liability) to repair the errors occurring on the Website.

At present, there is no code of conduct or conduct guidelines in effect pertaining to the use of the Website or the Webshop concerning the prohibition of unfair business-to-consumer commercial practices. The purpose of the conduct guidelines is for WaysDerma to set forth ethical and other rules of conduct in relation to the use of the Website, in addition to compliance with legal regulations. However, WaysDerma reserves the right (but assumes no obligation) to define and publish User conduct guidelines, and to amend them in the future in accordance with the rules applicable to the amendment of this Contract.

  1. Limitation of liability

YOU SHALL USE THE WEBSITE, THE WEBSHOP AND THE SERVICES AT YOUR OWN RISK.

WAYSDERMA SHALL BE ENTITLED TO AMEND OR TERMINATE THE WEBSITE AND THE SERVICES AVAILABLE THEREON ANY TIME IN ACCORDANCE WITH THE RULES OF AMENDMENT OF THIS CONTRACT, AND FULLY EXCLUDES ITS LIABILITY FOR SUCH CHANGES. WAYSDERMA HAS NO OBLIGATION TO CONTINUOUSLY MAKE AVAILABLE THE SERVICES INDICATED ON THE WEBSITE.

WAYSDERMA EXCLUDES ALL LIABILITY FOR THE CONDUCT OF THE INDIVIDUAL USER.

WAYSDERMA UNDERTAKES NO WARRANTY FOR THE USABILITY AND FUNCTIONALITY OF THE WEBSITE, THE SERVICES AND THE WEBSHOP, OR THAT THEY ARE FREE FROM ANY DEFECTS AND COMPLY WITH THE USERS’ EXPECTATIONS; OR FOR THE SECURITY OF THE OPERATING SERVER OR ANY DAMAGE OCCURING TO THE USER’S DEVICES.

WAYSDERMA WILL NOT CHECK WHETHER THE LAWS APPLICABLE TO THE USER (I.E. YOUR PERSONAL LAW, OR THE LAWS APPLICABLE TO YOU BASED ON YOUR ADDRESS OR TEMPORARY RESIDENCE) OR ANY RELIGIOUS OR SOCIAL REGULATION PROHIBITS OR RESTRICTS THE USE OF THE WEBSITE, THE SERVICES, THE WEBSHOP OR ANY OTHER RELATED WEBSHOP; AND WILL NOT ASSUME LIABILITY FOR THE CONSEQUENCES OF ANY SUCH PROHOBITION OR RESTRICTION.

WAYSDERMA SHALL NOT BE LIABLE FOR ANY OUTAGE OR UNAVAILABILITY OCCURRING DUE TO REASONS OUTSIDE ITS SPHERE OF INTEREST, FOR ANY FAILURE IN THE INTERNET CONNECTION NECESSARY FOR THE USE OF THE WEBSITE OR THE SERVICES AVAILABLE THEREON, OR FOR ANY RESTRICTIONS AFFECTING THE USE OF THE WEBSITE AND THE SERVICES OFFERED THEREON (INCLUDING YOUR ORDERS IN THE WEBSHOP OR ON THE WEBSITE) DUE TO LEGAL, OFFICIAL OR OTHER REASONS OR DUE TO FORCE MAJEURE.

WAYSDERMA EXCLUDES ITS LIABILITY FOR DATA ENTRY AND DISPLAY ERRORS, OR ERRONEOUSLY INDICATED PRICES.

YOU SHALL BE SOLELY RESPONSIBLE FOR ANY ERROR IN THE DATA PROVIDED BY YOU. WAYSDERMA SHALL NOT BE OBLIGED TO CHECK THE ACCURACY OF THE DATA PROVIDED BY YOU, AND HAS NO LIABILITY WHATSOEVER FOR ANY CONSEQUENCES RESULTING FROM IMPROPER OR IMPROPERLY PROVIDED DATA. YOU SHALL INDEMNIFY WAYSDERMA FOR ANY CONSEQUENCES RESULTING FROM IMPROPER OR IMPROPERLY PROVIDED DATA AND WHICH ADVERSELY AFFECTS WAYSDERMA.

PLEASE NOTE THAT YOU ARE LIABLE FOR THE ACCURACY OF THE CONTACT INFORMATION PROVIDED BY YOU FOR THE PURPOSES OF SERVICE-RELATED MESSAGES AND PACKAGE DELIVERY, FOR SUCH CONTACT INFORMATION TO BE SUITABLE FOR MESSAGE AND PACKAGE DELIVERY, AND THAT YOU ACTUALLY CHECK THE SAME AND/OR ARE NOTIFIED OF THE RECEIPT OF INCOMING MESSAGES AND CONSIGNMENTS.

WAYSDERMA’S LIABILITY REGARDING PERFORMANCE OF THE ORDERS PLACED IN THE WEBSHOP OR ON THE WEBSITE SHALL BE LIMITED TO THE CONTRACT PRICE OF THE AFFECTED PRODUCTS.

WaysDerma’s full liability regarding the Contract shall be limited to the full net amount the given User paid to WaysDerma under the Contract in the 12 months preceding the damage. WaysDerma shall in no event be liable for any consequential damage, profit or income foregone, lost product or service use. This limitation and exclusion of liability shall not apply to damage regarding which the limitation or exclusion of liability is ruled out under law.

Force Majeure: For the purposes of this Contract, all extraordinary events that prevent the fulfilment of this Contract, are beyond your and WaysDerma’s control, and the effects of which neither you or WaysDerma is able to avert, shall qualify as force majeure. If performance of the obligations under this Contract is prevented by force majeure beyond the control of the party concerned (you or WaysDerma), neither you or WaysDerma shall be liable, and this shall not qualify as breach of contract. In case of force majeure, the affected party (you or WaysDerma) shall inform the other party thereof without delay, and do their best to perform the contractual obligations within a reasonable period. If the force majeure persists for more than 2 months, either party (you or WaysDerma) may terminate this Contract with immediate effect.

  1. Warranty and commercial guarantee

Warranty for material defects

You as a consumer may enforce your warranty claims for material defects against us in the case of WaysDerma’s defective performance.

Under Hungarian law, you may enforce the claim in accordance with the rules of the Civil Code, which are as follows:

At your option, you may enforce the following warranty claims:

You may claim either repair or replacement, unless compliance with the chosen warranty right is impossible or it results in disproportionate expenses on the part of the company as compared to the alternative remedy. If you did not, or had no grounds to, request repair or replacement, you may ask for a commensurate reduction in the consideration, repair the defect yourself or have it repaired at the contractor’s expense, or – as a last resort – you may withdraw from the contract.

You may switch from the selected warranty right to another, however, the cost of switch-over shall be covered by you unless it was made necessary by the company’s conduct or for other justified reasons.

You shall be required to inform the company of any lack of conformity without delay after noticing it, but at the latest within two months from the detection thereof. Nevertheless, please be aware that your right to enforce your claim under warranty for material defects shall expire after a limitation period of two years, calculated from the performance of the Contract.

You may enforce your warranty claim for material defects against WaysDerma.

If you enforce your warranty claim within six months from the date of performance, it shall not be conditional upon anything else but the communication of the defect, provided that you prove that the product was provided by WaysDerma. After six months from the date of performance, however, it is you who has to prove that the defect you detected had already existed at the moment of performance.

Product warranty

In the case of ordering a product in the Webshop: In case of defect in the ordered product, you as a consumer may choose to enforce claims under the above warranty for material defects or product warranty claims.

Under Hungarian law, you may enforce the claim in accordance with the rules of the Civil Code, which are as follows:

As product warranty claim, you may only request repair or replacement of the defective product.

A product shall be deemed defective if it does not meet the requirements related to conformity in effect at the time of placing on the market, or it does not meet the specifications provided by the manufacturer.

You may enforce your product warranty claim within two years from the date when the product was placed on the market by the manufacturer. Upon expiry of this deadline you shall forfeit this right.

Product warranty claims can only be enforced against the manufacturer or distributor of the product. In case of enforcing a product warranty claim, the defect of the product shall be proven by you.

The manufacturer (distributor) shall only be relieved of its product warranty liability if it can prove that:

– the product was not produced or distributed within the framework of its regular business activities, or

– at the time the product was placed on the market the defect could not have been discovered according to the current state of scientific and technological achievements, or

– the defect in the product was caused by the application of a statutory or regulatory provision.

In order to be relieved of liability, it is enough for the manufacturer (distributor) to prove one reason.

Please be informed that you may not enforce a claim under warranty for material defects and product warranty claim at once, in parallel, based on the same defect. However, if your product warranty claim is enforced successfully, you may enforce your claim under warranty for material defects concerning the replaced product or the repaired part, against the manufacturer.

Commercial guarantee:

WaysDerma shall undertake no commercial guarantee for the products and services available on the Website and in the Webshop, except if it is obliged by law; in such a case, it will undertake guarantee to the extent mandatorily required by law. Irrespective of that, you shall be entitled to the above warranty rights upon defective performance by WaysDerma.

  1. Contents

You shall assume full liability for any content, information and data you provide or display while using the Website or placing the order, including but not limited to personal data, personal messages, other comment and the consequences of any of the former. In the case of the contents (e.g. works protected by copyright) uploaded to the Website, provided or made available during the use of the Website or Webshop, the User shall be liable for the lawfulness of causing such availability as well as that of the content, including that it does not infringe on the right or legitimate interest of any third party. If you violate your above obligations and WaysDerma suffers damage out of or in connection with the violation of the obligations, you shall fully compensate WaysDerma for the damage, including attorney’s costs.

WaysDerma as an intermediary service provider shall not be obliged to inspect the content and information placed, displayed or published by you. WaysDerma, being an intermediary service provider, shall not be liable for any information it may transfer. Furthermore, WaysDerma shall not be obligated to look for facts and activities in connection with your user behaviour that refer to the conduct of unlawful activities. By accepting this Contract, you grant your consent for WaysDerma to eliminate from the Website, without any notification, compensation or payment of damages, any content (including any reference (link) to such a content), or to deny access to the same, which, at its own discretion, violates the Contract, any law, right, or is dishonest, threatening, libellous, defamatory, obscene or otherwise objectionable. Should WaysDerma delete, under this Section, such a content that has been obtained/uploaded in exchange for payment, it shall not be obliged to reimburse its price to the User. Otherwise WaysDerma will not change any content you upload.

  1. Copyrights

Regarding the own logos, trademarks, slogans and all contents (including but not limited to texts and images) published by WaysDerma on the Website or in the Webshop and/or the content of the messages sent to you by WaysDerma (e.g. copyrighted works), you shall not be entitled to use the content displayed on the Website, in the Webshop or in WaysDerma’s messages in any way without WaysDerma’s prior express written consent, except to the extent a binding law (not allowing deviation) makes it possible for you, such as, for copyrighted works, in the cases of fair use regulated in Act LXXVI of 1999 on Copyright.

You agree not to download any content from the Website, not to modify them or upload them to any other application/website. Please be informed that the Website and Webshop operated by us qualify as databases, and so WaysDerma’s consent is required for copying any content element of the Website, making the same available to the public and/or communicating the same to the public. In case of violation of the above, WaysDerma reserves the right to enforce its claim for compensation.

By accepting this Contract, you agree to pay damages to WaysDerma for the unauthorised use of any content of the Website or the Webshop (whether text, image or database).

For infringing on our copyrights in the product photos on the Website (e.g. copying, displaying on another website, other unauthorised use) you shall pay US$ 100 net per product photo and per use as damages to WaysDerma, in one instalment and immediately.

The above damages amount has only been determined and is only payable based on infringement of WaysDerma’s rights to product photos; it shall not include other copyright infringements or their consequences, the violation of, compensation for or the consequences of infringements of other rights of WaysDerma, nor does it include any other legal consequence other than damages (including but not limited to the repayment of any enrichment), which WaysDerma reserves the right to enforce.

Furthermore, the amount indicated above shall be construed as a minimum compensation regarding the specified copyright infringement. WaysDerma reserves the right to enforce further relevant damages, if any.

WaysDerma reserves the right – but assumes no obligation – to edit the Website at its own option, form it according to its own demands, and to upload and delete contents to and from the Website.

  1. Privacy

By using the Website, the services and the Webshop, you acknowledge and accept that WaysDerma will process your personal data in accordance with the effective Privacy Notice available on the Website. WaysDerma shall process the personal data in relation to this Contract in compliance with its effective Privacy Notice available on the Website and the applicable legislation. You undertake to comply with the applicable privacy laws.

  1. Customer service, complaint handling

You can contact us in the following manner:

Central email address and postal address of the Webshop:

In English: customercare@WaysDerma.com

postal address: UR TRAVELS (WAYSDERMA)  Ltd, H-1052 Budapest, Piarista utca 4, Hungary

Please note that we operate no after-sales telephone customer service in connection with the orders and services of the Webshop, and so we have no means to inspect any complaints communicated by you on the phone in relation to an order placed in the Webshop.

If you have any complaint in connection with our products or services, please communicate it to WaysDerma in writing in each case at the email address  customercare@en.WaysDerma.com in English or by post to the address of H-1052 Budapest, Piarista utca 4, Hungary.

If you have a question in connection with home delivery and the package is already at the courier, we will redirect you to the courier service.

Website operation:

UR TRAVELS KFT

H-1052 Budapest, Piarista utca 4. Hungary

Phone: +36-1/7960-899 (M-Thu: 8:00-17:00, F: 8:00-14:00)

Email: info@WaysDerma.com 

If you have any complaint in connection with the operation of the Website, please communicate it to WaysDerma in writing in each case at the info@en.WaysDerma.com email address or by post to the address of H-1052 Budapest, Piarista utca 4, Hungary.

You will receive a confirmation of the receipt of your complaint in each case. WaysDerma shall be obliged to reply to the complaint submitted in writing on the merits in writing, and shall send the reply to the User within 30 days of receipt. If it considers that the complaint is not justified, it shall give the reasons, furthermore, it shall inform the User in writing on the available remedies depending on the nature of his or her complaint. WaysDerma shall retain the records of the complaint and the copy of the response for 5 years.

Consumers may notify their consumer protection complaints on the Website via the link specified under the ‘Online Dispute Resolution’ menu.

In Hungary, consumers can also submit their complaints to the relevant staff member of the competent district office closest to their place of residence, who, after the assessment of the complaint, will conduct an authority procedure if necessary. In the procedure conducted this way, the Government Office of Pest County shall act as the authority of second instance.  The list of district offices in Hungary is available through the following link: http://jarasinfo.gov.hu/

 

Regarding the resolution of consumer complaints, please read the part on arbitration boards and online dispute resolution in Chapter 18 (Applicable law and legal disputes) below!

If you have a quality complaint and in the case of product recall, the Good Manufacturing Practice (GMP) guidelines presented in Section 4 above are also applied in our complaint handling processes.

  1. Applicable law and legal disputes

This Contract shall be governed by Hungarian law, but as regards consumers in the Member States of the European Union, the law of the country of the consumer’s habitual residence shall apply, having regard to Article 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

Issues not regulated herein shall be governed by – in the case of Hungarian law – the relevant provisions of Act V of 2013 on the Civil Code as well as Act CVIII of 2001 on Electronic Commerce Services. The Parties agree to exclude the application of international conventions on the sale of goods, including but not limited to the United Nations Convention on Contracts for the International Sale of Goods dated in Vienna on 11 April 1980, in respect of this Contract.

Online Dispute Resolution for Consumers:

Through the following link, an online dispute resolution platform is also available for the settlement of consumer’s disputes arising from the orders related to this Contract:  https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

Fill in the online complaint form. Once WaysDerma has agreed to the resolution of the complaint in the dispute resolution process, you and WaysDerma will have to reach an agreement within 30 days on which dispute resolution body to request to inspect the complaint. Once the dispute resolution body has reached a decision regarding your complaint, it will indicate that on the online dispute resolution platform. You will receive a notification that a decision has been made in your case. To view the decision, you will have to login to your account.

Email address of WaysDerma: in English: customercare@WaysDerma.com.

Under Hungarian law: Arbitration board: The User qualifying as a consumer may also turn to the following arbitration boards for the out-of-court resolution of the disputes arising in connection with the conclusion and performance of their contracts with WaysDerma. WaysDerma has the obligation to cooperate in the arbitration board’s procedure. For further information please visit: http://www.bekeltetes.hu/index.php?id=tajekoztatas_az_eljaras_meneterol

The arbitration board of the company’s seat:

Arbitration Board of Budapest

Address: H-1016 Budapest, Krisztina krt. 99, Hungary

Telephone number: +36 1 488-2131

Fax number: +36 1 488-2186

President: Dr. György Baranovszky

Email: bekelteto.testulet@bkik.hu

 

This Contract shall form the entire agreement between WaysDerma and you regarding the Order (including registration and the Newsletter) and shall supersede any previous agreement or practice, whether written or oral, between the parties regarding the Order.

Should any of the parties fail to fulfil their obligations or parts thereof under the Contract, or be in delay with their fulfilment, it may not be interpreted as a waiver by the other party of the obligations in question to the benefit of the party in default.

No practice, however widely known and frequently applied by the parties to similar contracts in the given business, shall become part of the Contract, unless expressly contained herein.

You agree and grant your consent to WaysDerma transferring the Contract to a third party or assigning its claims arising from the Contract. Such assignees or transferees may directly enforce and refer to any such provision of the Contract which provide for a benefit (or right) due to them.

The Contract shall not affect the rights to which you are entitled in your capacity as a consumer, or the rights which may not be amended by you and WaysDerma in a contract, or which you may not waive in a contract.

No provision in this Contract shall entitle you to use WaysDerma’s trade name, trademarks, marks, signs, logos, domain names or other distinctive marks, except if and to the extent so allowed by a written agreement by and between you and WaysDerma.

If the laws in effect in your country prescribe provisions allowing for no derogation which are more stringent than the provisions laid down herein in connection with the use of the Webshop and the Website, you agree to comply with such provisions, but also acknowledge that WaysDerma’s liability is based on the laws that are applicable under the law governing this Contract and, to the greatest extent permissible by applicable law, WaysDerma excludes its liability for not complying with the provisions applicable in your country.

Should any part of this Contract be invalid under an applicable cogent legal provision or final court decision, this shall not affect the validity of the Contract as a whole, and the provisions of the Contract not affected by such with the closest possible content.

In case of discrepancy between the English and Hungarian version of the Contract, the language version agreed to by the User shall be applicable and governing.

© WAYSDERMA

“In accordance with Government Decree 45/2014 (II.26.) on the detailed rules governing contracts between consumers and companies, WaysDerma notifies its consumers of the following:

  • the order summary will contain the substantial characteristics of the product or service to be ordered, along with their gross price and related further charges, if any,
  • the contract between you and WaysDerma will remain in force for a fixed duration, until full performance of all obligations laid down therein,
  • the shortest period of your obligations: the period from placing the order entailing a payment obligation until receipt of the products or services ordered and payment of their purchase price, fee and related costs”