1. Service Provider details
1.1.
The website dermaatelier.hu (the “Website”) is operated, and the services of Derma Atelier are provided, by (the “Service Provider”):
- Name: Rozsnyai-Jakab Kata Borbála, sole trader (egyéni vállalkozó)
- Registered seat and salon address: 1061 Budapest, Dalszínház utca 10., ground floor 8, Hungary
- Registration number: 51560818
- Tax number: 68309172-1-42
- E-mail: info@dermaatelier.hu
- Phone: +36 30 222 9280 (Monday to Friday, 9:00–17:00)
- Website: https://dermaatelier.hu
- Chamber membership: Budapest Chamber of Commerce and Industry
- Hosting provider: Noktürn Kft., 3390 Füzesabony, Rózsa út 4., Hungary, e-mail: info@nokturn.hu
2. Scope and definitions
2.1.
These General Terms and Conditions (the “Terms”) govern the use of the Website and the contracts between the Service Provider and its clients for cosmetic and aesthetic treatments, the purchase of gift vouchers and the purchase of Biologique Recherche products.
2.2. Definitions:
- Client: any person who uses the Website, receives a treatment from the Service Provider, or buys a gift voucher or product.
- Consumer: a natural person acting outside the scope of their trade, business or profession.
- Treatment: a cosmetic, aesthetic or skin-diagnostic service provided by the Service Provider in the salon.
- Product: a cosmetic product sold by the Service Provider (mainly Biologique Recherche products).
- Gift voucher: a voucher issued by the Service Provider that can be redeemed for treatments or products.
2.3.
Where an individual agreement departs from these Terms, the individual agreement prevails.
2.4.
The language of the contract is Hungarian. This English version is provided for information; in case of any discrepancy, the Hungarian version prevails.
2.5.
A contract concluded electronically is not a written contract; it is not filed by the Service Provider and cannot be accessed later. The Client receives the order confirmation by e-mail. The Service Provider has not subscribed to any code of conduct.
3. Use of the Website
3.1.
The information on the Website is for general guidance only and does not replace a personal skin diagnosis, consultation or medical advice.
3.2.
All content of the Website (texts, photos, graphics, logos, visual identity) is protected by copyright. It may not be copied, distributed or otherwise used without prior written permission. The Biologique Recherche name and trade marks belong to their owner.
3.3.
The Service Provider does not guarantee uninterrupted, error-free operation of the Website but will do its best to fix errors promptly.
4. Treatments and bookings
4.1.
Appointments can be requested by phone (+36 30 222 9280, Monday to Friday 9:00–17:00), by e-mail (info@dermaatelier.hu) or via the contact form on the Website. A booking is made once the Service Provider confirms the appointment.
4.2.
Before a treatment the Service Provider carries out a skin diagnosis and consultation and may ask the Client to complete a health questionnaire. The Client must give true and complete information, in particular about skin conditions, allergies, medication, pregnancy or breastfeeding, previous aesthetic procedures, recent sun exposure and any other contraindications.
4.3.
The Service Provider may refuse or adapt a treatment where the Client’s health, the current condition of the skin or a contraindication requires it. In that case only the service actually provided (e.g. the consultation) may be charged, if the Service Provider indicated this in advance.
4.4.
Results vary from person to person and depend on skin condition, lifestyle and the home-care routine; the Service Provider does not guarantee any particular result. The Client must follow the aftercare advice given.
4.5.
Medical aesthetic treatments are performed exclusively by a duly qualified physician who is legally authorised to perform the relevant procedure and holds a valid professional registration. The information sheet and consent form of the treating physician also apply to medical aesthetic treatments.
4.6.
Clients under 18 may be treated only with the prior written consent of their legal guardian.
4.7.
Cancellation: a booked appointment may be cancelled or changed free of charge by phone or e-mail at least 48 hours in advance. For cancellation within 48 hours or a no-show, the full treatment price is payable. For bookings made with a gift voucher, the gift voucher relating to the treatment is deemed used.
4.8.
Late arrival: if the Client arrives late, the treatment may be shortened in consideration of the next Client’s appointment, and the full price remains payable. If the Client is more than 15 minutes late, the treatment may only be carried out if it can be performed professionally within the remaining time; otherwise the Service Provider may postpone the treatment.
4.9.
The Service Provider may also cancel an appointment due to illness or another unavoidable cause; in that case it will notify the Client and offer a new appointment. The Client has no further claim arising from this.
4.10.
Prices and payment: current treatment prices are shown on the Price List page of the Website. Prices are final amounts in Hungarian forints (HUF). The Service Provider may change its prices; for a booking already confirmed, the price at the time of booking applies. Treatments are paid on site in cash, by gift voucher or, subject to prior arrangement, by bank transfer.
5. Gift vouchers
5.1.
The Service Provider’s gift vouchers currently displayed on the Website may be purchased. The current price and content of each voucher are shown on the Website.
5.2.
The Service Provider confirms receipt of the order by e-mail within 48 hours at the latest. The contract is concluded when the Service Provider confirms acceptance. If no confirmation arrives within 48 hours, the Client is released from their offer.
5.3.
Payment: by bank transfer or in cash at the salon. The gift voucher is issued after the purchase price has been received or, in the case of cash payment, after it has been paid.
5.4.
Delivery: the gift voucher is sent by e-mail in PDF format or may be collected in person at the salon by prior arrangement. Postal delivery is not available.
5.5.
Validity: a gift voucher is valid for 6 months from the date of issue; the expiry date is shown on the voucher. Expired vouchers cannot be redeemed.
5.6.
Redemption: an appointment must be booked in advance; the voucher number must be given when booking and the voucher shown at the treatment. A treatment voucher can be redeemed for the treatment stated on it even if the price of that treatment has changed in the meantime. A value voucher must be used in a single transaction. If the value of the purchase or treatment is less than the full value of the voucher, the remaining balance is forfeited, cannot be refunded in cash and cannot be used later.
5.7.
Vouchers cannot be exchanged for cash, and no refund is given for any unused value (except when the right of withdrawal is exercised, see section 7). Vouchers are transferable. A lost or destroyed gift voucher will be replaced if it can be clearly identified and has not yet been redeemed.
5.8.
Sections 4.7 and 4.8 on cancellation and late arrival also apply to voucher bookings.
6. Product purchases
6.1.
The Service Provider sells products as an official Biologique Recherche partner. The first purchase includes a free skin diagnosis of about 20 minutes, on the basis of which the Service Provider gives a personalised skincare recommendation.
6.2.
Products can be bought in person in the salon or ordered by phone or e-mail after prior arrangement. Ordered products are collected in the salon at an agreed time. Home delivery is available via GLS courier service. The Service Provider informs the Client of the current delivery fee when the order is placed.
6.3.
Product prices are final amounts in HUF; the Service Provider states the current price when the order is placed. Payment: in cash or by bank transfer.
6.4.
The right of withdrawal does not apply to purchases made in person in the salon; the Consumer’s warranty rights (section 8) still apply.
7. Right of withdrawal (distance contracts)
7.1.
For contracts concluded at a distance (via the Website, by e-mail or by phone), the Consumer has the right to withdraw within 14 days without giving any reason, under Hungarian Government Decree 45/2014 (II. 26.). The period starts on the day the contract is concluded for gift vouchers (services) and on the day of receipt for products.
7.2.
How to withdraw: the Client may send a clear statement (by e-mail to info@dermaatelier.hu or by post to 1061 Budapest, Dalszínház utca 10., ground floor 8), may use the model withdrawal form annexed to these Terms, or, for contracts concluded on the Website, may use the “withdraw from contract” function available on the Website. The deadline is met if the statement is sent before the period expires. The Service Provider will confirm receipt of the withdrawal on a durable medium without delay.
7.3.
Refund: the Service Provider will refund the full amount paid within 14 days of learning of the withdrawal, using the same payment method as the original transaction unless the Client expressly agrees otherwise. For products, the Service Provider may withhold the refund until it has received the product back or the Client has proved that it was sent back.
7.4.
For products, the Client must send back or hand over the product in the salon within 14 days of withdrawal, at the Client’s own cost. The Client is liable for any loss in value caused by handling beyond what is necessary to establish the nature, characteristics and functioning of the product.
7.5. Exceptions: the right of withdrawal does not apply
- to sealed products that are not suitable for return for health protection or hygiene reasons once unsealed after delivery (e.g. an opened cosmetic product);
- to services (including a redeemed gift voucher) once the service has been fully performed, if performance began with the Consumer’s express prior consent and acknowledgement that they would thereby lose the right of withdrawal. If a voucher is partly used within the 14 days, the Consumer must pay an amount in proportion to the service already provided.
8. Warranty and defective performance
8.1.
Statutory warranty (kellékszavatosság): in case of defective performance, the Client may, under the Hungarian Civil Code, ask for repair or replacement or, where this is not possible or the Service Provider does not undertake it, a price reduction, or may withdraw from the contract. For Consumers, the claim lapses 2 years after performance. For products, a defect discovered within 1 year of performance is presumed to have existed at the time of performance.
8.2.
Product liability (termékszavatosság): if a product is defective, the Consumer may choose to claim under the statutory warranty or bring a product liability claim against the manufacturer; the latter only allows repair or replacement of the defective product, within 2 years of the manufacturer placing it on the market.
8.3.
For treatments, any complaint about defective performance should be raised promptly after the treatment, preferably within 3 days and documented with photos. The Service Provider will primarily offer a free correction or repeat of the treatment. Usual, temporary skin reactions associated with cosmetic treatments (e.g. redness, mild swelling) do not constitute defective performance.
8.4.
The Service Provider does not give a commercial guarantee (jótállás) on products.
9. Liability
9.1.
The Service Provider is not liable for damage arising from the Client giving false or incomplete information about their health or contraindications, or failing to follow the aftercare instructions.
9.2.
The Service Provider does not limit or exclude its liability for breaches of contract caused intentionally or by gross negligence, or causing harm to life, physical integrity or health.
10. Complaints and remedies
10.1.
Complaints can be made by e-mail (info@dermaatelier.hu), by post, by phone or in person in the salon. Oral complaints are examined immediately; where this is not possible, a record is taken. Written complaints receive a reasoned written reply within 30 days. The complaint record and a copy of the reply are kept for 3 years.
10.2.
If a complaint is rejected, the Consumer may turn to the consumer protection authority competent for their place of residence (the capital or county government office) or to a conciliation board. The board competent for the Service Provider’s seat is:
- Budapest Conciliation Board (Budapesti Békéltető Testület) – 1016 Budapest, Krisztina krt. 99. III. em. 310.; postal address: 1253 Budapest, Pf. 10.; e-mail: bekelteto.testulet@bkik.hu; phone: +36 1 488 2131; https://bekeltet.bkik.hu
10.3.
The Service Provider cooperates in conciliation board proceedings. The Consumer may also bring a dispute before the courts.
11. Data protection
11.1.
Personal data are processed in accordance with the Privacy Notice available on the Website (https://dermaatelier.hu/adatkezelesi-tajekoztato/). Health data needed for treatments are processed confidentially on the basis of the Client’s explicit consent.
12. Final provisions
12.1.
The Service Provider may amend these Terms unilaterally and will publish any amendment on the Website. Amendments apply to contracts concluded after they take effect.
12.2.
If any provision of these Terms is invalid, the validity of the other provisions is not affected.
12.3.
Matters not covered by these Terms are governed by Hungarian law, in particular Act V of 2013 on the Civil Code, Act CVIII of 2001 on electronic commerce, Act CLV of 1997 on consumer protection and Government Decree 45/2014 (II. 26.).