Preamble
If you have any questions about these Terms and Conditions, the treatments, the use of our website https://www.hrishikeshayurveda.com/, the products or services, or if you would like to discuss your specific needs with us, please contact us at the contact details below.
Service provider (Seller, Company) details
Name: ayurveda Terápia Kft.
Registered office: 1027 Budapest, Horvát u. 14-24.
Tax number: 27444850-2-41
Representative: Chauhan Sachin
Phone number: +36 20 622 3588
E-mail: hrishikeshayurveda2018@gmail.com
Definitions used in these GTC
Parties: the Service Provider and the Guest together
Consumer: a natural person acting for purposes other than his/her own occupation and economic activity, who buys, orders, receives, uses, makes use of or is the addressee of a commercial communication or offer in relation to goods.
Consumer contract: a contract where one of the parties is a consumer
Complaint: a request for redress for a violation of an individual right or interest, which is not subject to any other procedure, in particular judicial or administrative. A complaint may also contain a proposal.
Service: any activity, other than the sale of goods, real estate or rights in rem, which involves the creation of a result, the provision of a service or other conduct in response to the needs of a customer or client
Conciliation body: an organisation established on a permanent basis to deal with the settlement of consumer disputes through alternative dispute resolution, registered by the body (person) specified in this Act
Manufacturer: the manufacturer of the Goods, or, in the case of imported Goods, the importer who imports the Goods into the European Union, and any person who claims to be the manufacturer by using the name, trade mark or other distinguishing mark of the Goods.
Warranty: for contracts concluded between a consumer and a business (hereafter: consumer contract), the Civil Code,
-
a warranty for the performance of the contract which the undertaking 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
Purchase Price: the consideration payable for the Service and/or the Goods.
Relevant legislation
The Contract shall be governed by the provisions of Hungarian law, and in particular by the following laws:
-
Act CLV of 1997 on Consumer Protection
-
Act V of 2013 on the Civil Code
-
Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses
-
19/2014 (IV.29.) NGM Decree on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business
-
Act CXII of 2011 on the Right to 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)
-
Government Decree No 373/2021 (VI. 30.) on the detailed rules for contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services
Scope of the GTC, adoption
The content of the contract concluded between us shall be governed by these General Terms and Conditions (hereinafter "GTC"), in addition to the provisions of the applicable mandatory legislation. Accordingly, these General Terms and Conditions contain the rights and obligations of you and us, the conditions of the contract, the time limits for performance, the terms of payment and the liability rules.
Language of the contract, form of the contract
The language of the contract covered by these GTC is Hungarian.
Contracts covered by these GTC are not written contracts and are not registered by the Seller.
Prices
Prices are in HUF and include 27% VAT. The possibility cannot be excluded that the Service Provider may change the prices for business policy reasons. The modification of prices does not apply to contracts already concluded.
General contractual conditions
The rules for using our services are summarised below.
-
Booking an appointment
You can book an appointment for our services in person or by phone (+3630 181 4858), as well as electronically.
You can book an appointment for a consultation or other services electronically by filling in the form on our website (https://www.hrishikeshayurveda.com/kapcsolat ).
Our services are based on a personalised treatment programme. For this reason, each treatment is preceded by a preliminary consultation, where we determine the recommended treatment programme that is targeted to your person, condition and needs.
-
Consultations and treatments
In order to ensure the smooth organisation and operation of our services, it is essential that guests arrive at least 10 minutes before the agreed time. If the Guest arrives late for the treatment, we are unfortunately obliged to shorten the duration of the treatment by the length of the delay.
We also inform our Guests that our company will refuse to provide the service in all cases where the Guest is intoxicated, inebriated or otherwise unfit for treatment.
The Guest is obliged to notify us in advance if there has been a significant change in his/her medical condition since the consultation, or if he/she is pregnant or undergoing surgery, skin disease, open wound or other treatment that may affect the service.
-
Payment and cancellation
The payment of the fee for the treatments may be made occasionally or in advance, but in any case on the basis of an agreement between the Parties. In the event of cancellation within 24 hours, a 50% fee will be charged.
-
Purchase of gift vouchers
Gift vouchers can be purchased in specific denominations and redeemed in our shop for six months. Gift vouchers can only be purchased in person. Gift cards can be redeemed for any of our services or products, but cannot be redeemed for cash.
Payment methods
-
Bank transfer
You can also pay for the service or product by credit card. Information about paying by card:
-
the bank providing the service is OTP Bank Plc.
-
The operator of the SimplePay system and provider of the SimplePay service is OTP Mobil
Szolgáltató Korlátolt Felelősségű Társaság (OTPMobil Kft., "Simple").
-
you can find information on data management related to the service on our website in our Privacy Notice.
-
Cash payment
You have the option to pay the service fee and the product price in cash.
Complaints handling rules
The purpose of the complaint handling provisions contained in these GTC is to inform the Guests (consumers) about the principles and the way of handling any complaints that may arise as a result of the services provided by Ayurveda Terápia Kft.
Complaints and legal remedies
The Customer may submit consumer complaints about the Goods or the Service Provider's activities to the following contact details:
-
Customer Service Office is located at 1062 Budapest, Aradi utca 56.
-
Customer service opening hours: Mon-Fri 12:00-17:00
-
Phone: +3630 181 4858
-
E-mail: hrishikeshayurveda@gmail.com
Entry in the buyers' book. The customer book is available at the Service Provider's shop (customer service). The Service Provider will reply to the entries written here in writing within 30 days.
The Customer may communicate to the Service Provider, verbally or in writing, a complaint concerning the conduct, activity or omission of the company or of a person acting in its interest or on its behalf, directly related to the use of the service or goods for the benefit of the Customer (consumer), the distribution or sale of goods.
The Service Provider shall investigate the verbal complaint immediately and remedy it as necessary. If the consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Service Provider shall immediately take a record of the complaint and its position on it. The service provider shall provide the consumer with a copy of the complaint, in the case of a face-to-face oral complaint, on the spot. In the case of a verbal complaint made by telephone or other electronic means, it shall be sent to the consumer within 30 days at the latest, together with the reply on the substance of the complaint, in accordance with the provisions applicable to replies to written complaints. In other respects, it shall act on the written complaint as follows. The Service Provider shall reply to the written complaint in writing within thirty days of receipt of the written complaint in a manner that can be justified on the merits and shall take steps to communicate the reply. A shorter time limit may be set by law, or a longer time limit may be set by statute. The Service Provider shall state the reasons for rejecting the complaint. The Service Provider shall assign a unique identification number to the oral complaint communicated by telephone or electronic service. The reply shall inform the Guest (customer, consumer) of the possibility to appeal to the Conciliation Body.
The record of the complaint must include the following:
-
the name and address of the consumer,
-
where, when and how the complaint was lodged,
-
a detailed description of the consumer's complaint, a list of the documents, records and other evidence presented by the consumer,
-
a statement of the business's position on the consumer's complaint, if an immediate investigation of the complaint is possible,
-
the signature of the person who took the report and, except in the case of an oral complaint made by telephone or other electronic communication service, the signature of the consumer,
-
the place and time of recording of the minutes,
-
in the case of an oral complaint made by telephone or other electronic communication service, the unique identification number of the complaint.
The Service Provider must keep the record of the complaint and a copy of the reply for three years and present it to the supervisory authorities upon request.
In case of rejection of the complaint, the Service Provider shall inform the Customer (consumer) in writing of the authority or conciliation body to which the complaint may be submitted, depending on its nature. The information shall also include the seat, 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 include whether the business will use the conciliation body to resolve the consumer dispute. If any consumer dispute between the seller and the consumer is not settled during the negotiations, the following means of redress are available to the consumer:
Consumer protection procedure
You can complain to the consumer authorities. If a consumer perceives a breach of his/her consumer rights, he/she has the right to lodge a complaint with the consumer protection authority in his/her place of residence. Once the complaint has been examined, the authority will decide whether to take consumer protection proceedings. The first level consumer protection authorities are the government offices of the capital and county of the consumer's place of residence, a list of which can be found at: http://www.kormanyhivatal.hu/
Court proceedings
The customer shall be entitled to enforce his/her claim arising from the consumer dispute before the court in civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
Conciliation Body procedure
Please note that you can lodge a consumer complaint with us. If your consumer complaint is rejected, you also have the right to take your complaint to the Conciliation Board of the place where you live or stay: the conciliation procedure can only be initiated if the consumer tries to settle the dispute directly with the business concerned. The conciliation body designated in the consumer's request is competent to take action instead of the competent body, at the consumer's request.
As a Service Provider, our company has a duty of cooperation in the conciliation procedure.
This includes an obligation for businesses to send a reply to the conciliation body's request and an obligation to appear before the conciliation body ("to ensure the attendance of a person authorised to conclude a settlement agreement at a hearing").
If the seat or establishment of the business is not registered in the county of the chamber operating the territorially competent conciliation body, the business's obligation to cooperate extends to offering the consumer the opportunity to reach a written settlement in accordance with his/her request, and attendance at the conciliation meeting is not mandatory if the written document containing the settlement offer is sent.
In the event of a breach of the above-mentioned duty of cooperation, the consumer protection authority has the power to impose mandatory fines on businesses for infringing the law, and there is no possibility to waive fines.
The conciliation body is responsible for settling consumer disputes out of court. The conciliation body's task is to attempt to reach an agreement between the parties to resolve the consumer dispute and, if this is unsuccessful, to rule on the case in order to ensure that consumer rights are enforced in a simple, quick, efficient and cost-effective manner. The conciliation body shall, at the request of the consumer or the business, advise on the rights and obligations of the consumer.
The conciliation body's proceedings are initiated at the request of the consumer. The request must be made in writing to the chairman of the conciliation body: the requirement of written form may be met by letter, telegram, telex or fax, or by any other means which permits the recipient to store the data addressed to him permanently for a period of time adequate for the purposes for which the data were intended and to display the data in an unchanged form and content.
The application must include:
-
the name, residence or domicile of the consumer,
-
the name, registered office or place of business of the business involved in the consumer dispute,
-
if the consumer has requested the designation of the competent conciliation body instead of the body having jurisdiction,
-
a brief description of the consumer's position, the facts supporting it and the evidence to support it,
-
a statement by the consumer that the consumer has tried to resolve the dispute directly with the business concerned
-
a declaration by the consumer that no other conciliation body has been involved in the case, that no mediation procedure has been initiated, that no statement of claim has been lodged and that no application for an order for payment has been made,
-
a motion for a decision of the panel,
-
the consumer's signature.
The request must be accompanied by the document or a copy (extract) of the document to the content of which the consumer refers as evidence, in particular the written statement by the undertaking rejecting the complaint or, failing this, any other written evidence available to the consumer that the required conciliation has been attempted.
If the consumer acts through an authorised representative, the authorisation must be attached to the request.
Contact details of the local Conciliation Board:
Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99. 111.
Postal address: 1253 Budapest, Pf.:10.
Phone number: +361 488-21-31
E-mail: bekelteto.testulet@bkik.hu
Website: www.bekeltet.bkik.hu
In addition, the consumer can also lodge a complaint with the conciliation body of the place where he or she lives or resides. Click on this link to find the contact details of all conciliation bodies available in Hungary: https://bekeltetes.hu/udvozlo
According to the Consumer Protection Act, a consumer is also a person acting for purposes outside his or her independent occupation and economic activity, a civil organisation, a religious legal person, a condominium, a housing association, a micro, small and medium-sized enterprise, a micro, small and medium-sized enterprise, which buys, orders, receives, uses, makes use of or is the recipient of commercial communication or offer in relation to goods.
The Conciliation Board is entitled to verify and investigate the existence of consumer quality.
Partial invalidity
If a clause of the GTC is legally invalid or ineffective, the remaining clauses of the contract remain in force and the provisions of the applicable legislation apply in place of the invalid or defective part.
The Service Provider does not have a code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.
Warranty rights when buying products
-
In which cases can you exercise your right to a warranty?
In the event of defective performance by the Company, You may claim against the Company for a defective performance under the rules of the Civil Code.
-
What rights do you have under a warranty claim?
You can ask for a refund in case of unsatisfactory (contractual) service.
-
What is the time limit for you to claim your warranty?
You must notify us of the defect as soon as you discover it, but no later than two months after the defect is discovered. However, you should note that you cannot claim any rights to claim for damages beyond the limitation period of one year from the date of performance of the contract.
-
Who can you claim against?
You may assert against the Service Provider.
-
What other conditions are there for the enforcement of your rights under the warranty?
Within one year from the date of performance, you may claim for a replacement warranty on the basis of the defect, provided that you prove that the product or service was provided by the Company. However, after one year from the date of performance, you must prove that the defect which you have discovered existed at the time of performance.
Product Warranty
-
In which cases can you exercise your right to a product guarantee?
In the event of a defect in a movable item (product), you may, at your option, exercise your right under point 1 or claim under the product warranty.
-
What rights do you have under a product warranty claim?
As a product warranty claim, you can only ask for a replacement of the defective product (in this case, e.g. creams).
-
In which cases is the product 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 deadline for you to claim under the product warranty?
You have one year from the date the product was placed 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 claim?
You can only exercise your product warranty claim against the manufacturer or distributor of the product (in this case, the Service Provider). You must prove that the product is defective in order to make a product warranty claim.
In which cases is the manufacturer (distributor) exempted from its product warranty obligation?
The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:
- manufactured or marketed the product for purposes other than its business, or
- the defect was not detectable according to the state of science and technology at the time it was placed on the market, or
- the defect in the product results from the application of a legal or regulatory requirement.
The manufacturer (distributor) only needs to prove one reason for exemption.
Please note that you may not 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 for the replaced product, you may pursue your accessories warranty claim against the manufacturer.
Final provision
In matters not regulated in these GTCs, the Hungarian legislation, primarily the provisions of Act V of 2013 on the Civil Code, shall prevail.
Budapest, 03rd July 2023