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Terms and conditions

(T&C) for purchases from the www.maskaolin.hu webshop

1. Introduction

These Terms & Conditions (hereinafter: T&C) contain that terms and conditions of agreements arranged between the webshop operated under the https://maskaolin.com/ domain address (hereinafter: Webshop), dealing with the sales of mineral ingredients and mineral cosmetics (operated by: ClayNature Kft. – hereinafter: Service Provider) purchasing and consuming its products (hereinafter: Customer and/or Purchaser), which are expressly accepted and acknowledged by Customer, and shall be taken into account and adhere to by both Service Provider and Customer within the framework of this contractual relationship.

1.1 The Privacy Policy governs the rules of the management of Customer’s private data.

1.2 Those technical instructions required to use the website, which are not included in this T&C, are provided by the information available on the website. Customer acknowledges the provisions of these T&C by using this website.

1.3. Language of the Agreement: Hungarian.

1.4. The Agreement is deemed electronically (online) arranged agreement, which is not filed by Service Provider.

Service Provider does not submit itself to any code of conduct.

Customer accepts and acknowledges the provisions of these T&C by using the webshop.

2. Service Provider’s data

  • Name: ClayNature Kft.
    Registered seat: 1132 Budapest, Kresz Géza strt 16. ground floor 3.
    Postal address: 2611 Felsőpetény Bánya telep 1. 
    Name of Representative: Váradi-Somogyi Lili
    Company reg. No.: 01-09-342856
    Registering Court: Company Registry Court of Budapest-Capital Region Court
    VAT No.: 11965697-2-41
    EU VAT No.: HU11965697
    Bank account holder: GRÁNIT Bank Zrt.
    Bank account No.: 12100011-17962805-00000000
    IBAN bank account No.: BE38 9670 5830 7672
    E-mail address: info@maskaolin.com
    Phone No.: +36 30 963 8824

    Domain Service Provider
    Name: Mediacenter Hungary Kft.
    Registered seat: 6000, Kecskemét, Sosztakovics u. 3. II/6

    VAT number: 13922546-2-03
    Company reg. No.: 03-09-114492

    Tel: +36 21 201 0505
    Website: www.mediacenter.hu
    E-mail: mediacenter@mediacenter.hu

    2.1. Activity performed on the website

    On the website, the sales of mineral ingredients and mineral cosmetics produced and distributed by the ClayNature Kft. is performed. 

    2.2. Products available for purchase

    Products of ClayNature, which may be ordered and purchased via the webshop, as well as personally in our property centre:  2611 Felsőpetény Bánya telep 1.
    upon prior arrangement via phone or e-mail.

    Cosmetic Ingredients:
    Maskaolin BASIC: 25 kg, 3,5 kg
    Maskaolin 4POWER: 25 kg, 3,5 kg
    Maskaolin STORNG: 25 kg, 3,5 kg
    Maskaolin LIGHT: 25 kg, 3,5 kg

    Mineral cosmetics:

    Maskaolin BASIC: 180g
    Maskaolin LIGHT: 80 g
    Maskaolin STRONG: 200g
    Maskaolin 4POWER: 200 g
    BASIC + C 15%: 80 g
    BASIC + C 5%: 80 g
    4POWER + Zno 10%: 80 g
    BASIC + Microalgae: 80 g
    STRONG + Aloe: 80 g
    ACNE CARE: 80 g
    CLAY MASK KIT: 10db mono-dose 

    2.3. Prices

    Prices are indicated in the following currency: HUF or EUR. The prices includes 27% VAT. It cannot be ruled out that the Seller may change the prices for business policy reasons. Price changes do not apply to contracts already concluded. If the Seller has indicated the price incorrectly and an order has been received for the product, but the parties have not yet concluded a contract, the Seller shall act on the basis of the “2.4 Procedure in case of incorrect price” clause of the GTC.

    2.4. Procedure in case of incorrect price

    The followings are considered incorrectly indicated prices:

    • 0 HUF/EUR price,
    • the price reduced by the discount, but incorrectly indicating the discount (eg: in the case of a product with a value of HUF 1,000, the product offered for HUF 500 with the indication of the 20% discount).

    In case of indicating an incorrect price, the Seller offers the possibility to purchase the product at a fair price, in the possession of the information the Buyer may decide to order the product at a fair price or cancel the order without any adverse legal consequences.

3. Terms of Use

3.1 Liability

Description of liability matters, eg. in which cases or failures does the Service Provider exclude its liability. 

For example:

The User may use the website only at his/her own risk, and acknowledges that Service Provider shall not be liable for any damages or loss arising from the use of the website, beyond the liability for damages caused by intentional act, serious negligence or crime, or for liability for the breach of contract risking life, health or personal safety.

Service Provider disclaims all liabilities for the user’s behaviour, declaring that User shall be solely liable for his/her conduct.

User shall ensure that during the use of the website, third-party rights and provisions of law shall not be infringed neither directly, nor indirectly.

Service Provider is entitled but not required to monitor contents made available by Users during the use of the website (eg. comment), and in regards the disclosed contents, Service Provider is entitled but not required to look for signs of illegal activities, and shall not be liable for such contents.

3.2. Intellectual Property Rights

The complete website is protected by copyright, therefore its copy, modification or publishing are prohibited!

4. Purchase on the website

4.1. Ordering process

The website provides product introduction and online ordering opportunity for Users, who can browse the website using menu points. The products are available according to product types.

The products for order are available by clicking on the ‘PRODUCTS’ button.

The detailed product page is available from the product list by clicking on the product’s name, here the User can get informed about the detailed specification and price of the product to be ordered.

The selected product may be put into the cart by clicking on the ‘INTO CART’ button, the required quantity may be set next to the button on the left side. The User may check the content of the cart using the ‘CART’ menu point. Here the User may modify the quantity of the product placed into the cart, or delete the actual item. If You have modified the Cart’s content, click on the ‘Update Cart’ button. The User may proceed with the purchase by clicking on the ‘Checkout’ button.

During registration or purchase without registration, the User shall provide the following data: name, address, phone number, e-mail address, invoicing address or different delivery address. At registration, a password shall be also provided. User receives an e-mail about the successful registration. User may request the cancellation of the registration in e-mail from the Service Provider, in this case (s)he shall re-register for new purchases. User shall be liable for the confidentiality of access data. User is liable for updating his/her data, and shall notify Service Provider about any abuse with his/her data. In case of forgot password, a new one may be requested on the website to the registered e-mail address. If the User has already registered to the website, the ordering process may be continued by providing his/her e-mail address and password.

As the next step of the order, User has to choose an appropriate delivery time and payment method. User may check all previously provided data, the products to be ordered as well as their quantity. If everything seems to be OK, then s(he) may finalize his/her order by clicking on the ‘Send order’ button. User receives a confirmation on the website and in e-mail. If, following sending the order (eg. in the confirmation e-mail), observes any incorrect data, (s)he shall forthwith, but at least within 24 hours notify Service Provider using the info@maskaolin.com e-mail address.

4.2. Offer validity, confirmation

Service Provider notifies User about the confirmation within 48 hours. If User does not receive the confirmation within 48 hours, then the offer is not binding on User anymore, and is not required to receive the ordered product.

The confirmation e-mail contains the data provided during the purchase, including the ordering data, the name and price of the ordered product(s), the selected payment and delivery methods, the order number and User’s remarks regarding the order.

4.3. Arrangement of the Agreement

The submission of the order is deemed electronic agreement, which is governed by the provisions of Act CVIII. of 2001 About Certain Matters Regarding the Services Related to the Electronic Trading Services and Information Society. The Agreement arranged between the Customer and the Company is the subject of the Government Decree 45/2014 (II.26) About the Detailed Rules of Agreements Between Customer and Company, taking the provisions of European Directive 2011/83/EU into consideration.

The Agreement is arranged upon the reception of the automatic confirmation.

4.4. Invoice

Service Provider shall issue an invoice right following the reception of the amount, and sends it to Customer.

 4.5. Payment

Payment using credit/debit card or wire transfer are available in our webshop.

4.5.1. Wire transfer:

You may pay the required amount using wire transfer too.

Data required for wire transfer:

In case of transferring HUF currency

Beneficiary’s name: ClayNature Kft.
Beneficiary’s bank name.: GRÁNIT Bank Zrt.
Beneficiary’s bank account No.: please transfer the requested amount to the 12100011-17962805-00000000 bank account held by Gránit Bank Zrt.

In case of transferring EUR currency

Beneficiary’s name: TransferWise Europe SA
Beneficiary’s bank name.: please transfer the requested amount to the  BE38 9670 5830 7672 bank account held by TransferWise Europe SA
Bankkód (SWIFT/BIC): TRWIBEB1XXX

Please provide your full name and the order No. in the bank statement.

If choosing this payment method, User shall transfer the total purchase price, including the price of the ordered product(s) and the delivery fee according to the selected delivery method to Service Provider’s bank account. Wire transfer has additional costs. Upon the amount is received on the Service Provider’s bank account, a confirmation message is sent to User amount about the initiation of stockpiling, then the ordered product is sent by post.

4.5.2 Credit/debit card in the webshop

Using credit/debit card payment, You can pay in our webshop in an easy and convenient way. Following ordering the selected products, You are redirected to the website of SimplePay by OTP Mobil online payment service where You can pay via an encrypted transaction considered as the most secure method by the Bank using your credit/debit card. Our Customers have nothing else to do than clicking on the ‘credit/debit card payment’ button, then provide the card’s number, expiry date and CCV code on the SimplePay’s payment server. SimplePay accepts Visa, Visa Electron, MasterCard, Maestro cards.

Credit/debit cards issued exclusively for electronic use may be accepted only if their use is permitted by the bank issuing the card! Please contact your bank, whether your card is suitable for online payment.

The SimplePay issues an authorization number following the successful purchase, which is worth to note or print the whole page. In the event of unsuccessful payment, SimplePay notifies the User about the reason of the failure.

Payment process:

  1. In the webshop, select that product, whose price You wish to pay using credit/debit card.
  2. Then You are redirected to SimplePay’s secure payment site, where You have to provide the credit/debit card’s data (card No, cardholder’s name, expiry month/year) first. Please always check whether You are really redirected to the secure payment site, and if not, then check if the other site performing the transaction has the required security protocol or not.
  3. Following providing the card data, You can launch the transaction by clicking on the ‘payment’ or similar button. Following the payment, You return to the webshop or the Service Provider’s site, where (or via e-mail) You always get a confirmation about the transaction results. In case of credit/debit card payment, following the successful transaction (if the credit/debit card is accepted and considered as having enough coverage), the Bank initiates the charging of the bank account. The amount of the charge is identical to the amount displayed and confirmed during the transaction.

4.6. Modify or delete order

Pursuant to the Act CVIII. of 2001, the webshop shall immediately send a notification to Customer about the reception of the order. This notification is not deemed an arrangement between Customer and Seller! It just notifies the Purchaser that the order request is registered by our system, and forwarded to the competent colleague. If it is not received by Customer within 48 hours, then the offer is not binding on Customer anymore. Seller provides the opportunity to Customer to electronically cancel his/her order until the performance of the order. At the beginning of the performance of the order, the Customer receives an e-mail notification about the expected date of the delivery and the fact of the performance, after that point, cancellation of the order is possible only via any of the availabilities under the ‘Contact’ menu point.

5. Reception options, Delivery

The delivery is performed in the European Union via courier service.

In other cases, the ordered product may be received personally under 2611 Felsőpetény Bánya telep 1. on a previously arranged date.

The delivery fee calculated based on the quantity of the ordered product.

After the payment of the delivery fee, the Seller fulfills the order, if the Buyer does not pay the delivery fee to the Seller or does not solve his own delivery by the agreed date, the Seller terminates the contract and refunds the prepaid purchase price to the Buyer.

 

5.1. Courier service

Detailed description of delivery method

We will deliver your package to the courier service within 5 working days after your order.  The courier service notifies the customer by email of the expected arrival of the package, indicating the tracking number.

The email contains the following information:

  • date of delivery
    package tracking number

The products are delivered by GLS or TNT courier service depending on the quantity and address of the ordered product. The delivery is made from Monday to Friday between 8am to 5pm. 

If there is nobody in the provided time to receive the parcel, then the courier attempts to deliver it on the next day, or please contact the courier to make the parcel delivered as soon as possible.

When receiving the product, the User shall check whether the product is free of damages. If any damage is noticed on the packing or the product itself, the User may request to draw up minutes, because by receiving the parcel from the courier or signing the reception document, the quality and quantity acceptance of the product is performed, meaning that the User may only exercise his/her cooling off right, therefore the courier can not accept any quality or quantity complaints afterwards.

If the parcel or the product is obviously damaged at reception, and the damage occurred prior to the reception of the product, the return or replacement of the product is provided by the Service Provider free of charge. Service Provider is not liable for any damage observed following the reception!

Delivery deadline: 5 business days

5.5. Personal reception

2611 Felsőpetény Bánya telep 1. on a previously arranged date. It is only possible to purchase the product in cash.

6. Cooling-off

6.1. Procedure of exercising cooling-off right

The provisions of this point refer only for natural persons acting beyond his/her profession or business activity, who purchase, order, receive, use, avail product, or who is addressed by the commercial communication or offer related to the product (hereinafter: Customer).

Customer may exercise his/her cooling-off right within fourteen (14) days from the delivery of the product or the provision of the latest Service received by the Customer or the third party other than the haulier designated by the Customer.

Customer is entitled to exercise his/her cooling off right between the date of arranging the Agreement and the reception of the product.

If the Customer is willing to exercise his/her cooling off right, (s)he shall send his/her statement (eg. via  electronic mail) to any of the Service Provider’s availabilities specified in the point 1. of this T&C.

Service Provider shall forthwith confirm the reception of Customer’s cooling off statement in e-mail.

In case of written cooling off, it shall be deemed received in time, if the Customer sends his/her relevant statement within 14 calendar days to Service Provider.

At notification sent by post, the dispatch to the post, whilst in case of e-mail or telefax, the date of sending the e-mail or fax is taken into consideration by Service Provider regarding calculating the deadline. Customer sends his/her mail as registered mail, to prove the date of the dispatch.

In case of cooling off, Customer shall return the ordered product to Service Provider’s address specified in point 1.2 without any unreasonable delay, but latest on the 14th day from sending the cooling-off statement. The deadline is deemed met if Customer sends (dispatches on post or hands over to the courier designated by him/her) the product prior to the expiry of the 14-day-deadline.

The cost of returning the product to Service Provider’s address burdens the Customer. Service Provider is not required to receive a parcel sent by cash-on-delivery. Beside the returning costs of the product, Customer shall not pay any other costs regarding the cooling off.

If Customer exercises his/her cooling-off right, Service Provider shall forthwith, but latest within 14 days from receiving Customer’s cooling off statement, return all remuneration paid by Customer, including the transportation (delivery) cost, excluding those additional costs, which arise due to the fact that Customer chose a delivery method other than the usual and cheapest method offered by Service Provider. Service Provider is entitled to retain the return as long as it does not receive the product, or Customer does not certify that (s)he returned it:  Service Provider takes the earlier date into consideration.

Service Provider applies a payment method identical to the method applied during the original transaction, except Customer expressly gives his/her consent to avail another payment method; Customer shall not pay any additional cost due to choosing this returning method.

Customer is liable for the amortisation of the product only if it is due to the use of the product exceeding the level required to check the nature, properties and operation of the product.

6.2. When the Customer is not entitled to exercise his/her cooling-off right

In case of Agreement in the subject of provision of services, following the performance of the whole service, if Service Provider began the performance upon the prior consent of Customer, and Customer acknowledged that following the performance of the whole service, (s)he loses his/her cooling-off right.

In case of such product or service, whose price or fee depends on the fluctuation beyond Service Provider’s control within the 14 days cooling-off period.

In case of such pre-manufactured product, which was created by Service Provider upon Customer’s order or request, or in case of such product, which is obviously customized on the actual Customer.

In regards perishable products or products not preserving their quality for longer period of time.

In regards such sealed packed product, which shall not be returned due to health or hygienic reasons following opening.

In regards such product, which, by its nature, is inseparable mixed with other products following delivery.

In regards such Contract for Service, where Service Provider contact User on User’s explicit request to perform urgent repair or maintenance works.

In regards the sale of sealed packed audio or video recording and computer software, if Customer has opened the package following delivery.

In regards newspaper and magazine, excluding subscriptions.

In regards Agreements arranged on public auction.

In regards digital data content provided on immaterial data medium, if Service Provider began the performance upon Customer’s explicit, prior consent, and Customer provided a statement of acknowledgement, that (s)he loses his/her cooling off right following the beginning of the performance.

7. Warranty

  • 7.1. Product warranty

    We replace the unopened products within 15 days pursuant to the Warranty Decree. Following this deadline, Customer loses his/her right. A report shall be made about it. In the report, the date of arranging the Agreement and the failure’s description shall be recorder. Customer shall prove the date of arranging the Agreement. If the Company denies Customer’s claim, then it shall notify him/her about that (s)he may turn to the Conciliation Board operating at the Economic Association.

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

    The product is deemed defective, if it does not meet the quality requirements effective at the time of entry on the market or does not have the properties presented in the manufacturer’s specification.

    User may exercise his/her product warranty claim only against the manufacturer or distributor of the goods.

    The product’s failure shall be proven by User in case of submitting product warranty claim.

    Manufacturer (Distributor) is excluded from its product warranty liability only if it can prove that:

    • the product was manufactured or distributed beyond its business activity, or
    • the failure, according to the science and technology, was not obvious in the date of distribution, or
    • the product’s failure is due to the application of provisions of laws or mandatory regulatory requirements.

    Manufacturer (Distributor) is required to prove only one exclusion reason.

    7.2. Warranty

    About the mandatory warranty of certain durables, the Government Decree 151/2003 (IX.22) About the Warranty of Certain Durables includes provisions. The Decree’s (material) effect covers only new products distributed in Hungary within customer agreements, and only products listed in the Annex of the Decree.

    In regards the durables listed in the Annex of the Government Decree, the mandatory warranty is 1 year, whose starting date is the day of handing over the product to Customer, or if the installation is performed by Service Provider or its assigned party, the date of installation.

    The Company is exempted from its warranty liability only if it proves that the reason of the failure occurred following the performance.

    Regarding the same failure, Customer shall not submit claims for product warranty and warranty in parallel, otherwise the User is entitled to exercise his/her warranty rights nevertheless the rights specified in points 5.1 and 5.2.

    7.3. Enforcement of warranty claims

    User may submit his/her warranty claims on the following availabilities:

    Name: ClayNature Kft.
    Mailing address:  2611 Felsőpetény Bányatelep 1.
    Phone No.: +36 30 963 8824
    E-mail address: info@maskaolin.com
    Law enforcement opportunities
    Place, date and method of submitting complaints 

    User may submit his/her customer complaints related to the product or the activity of the Service Provider on the following availabilities:

    Name: ClayNature Kft
    Mailing address:  2611 Felsőpetény Bányatelep 1.
    Phone No.: +36 30 963 8824
    E-mail address: info@maskaolin.com

    Service Provider shall forthwith, if possible, rectify the issues stated in the complaint. If the immediate rectification of the oral complaint is not possible due to the nature of the complaint or if User does not accept the complaint management, then Service Provider shall draw up minutes about the complaint, which shall be preserved for five years including its reply.

    Service Provider shall personally (in the business premises) hand over one copy of the minutes to User in case of oral complaint, or if it is not possible, then it shall act according to the provisions regulating written complaints.

    Service Provider, in case of oral complaint made via phone or other electronic telecommunication service, shall send the copy of the minutes to User latest together with the substantive reply.

    In every other case, Service Provider acts according to the provisions referring to the written complaints.

    An individual ID is attached to the complaint recorder via phone or other telecommunication service by Service Provider, which simplifies the searching for the complaint later.

    Service Provider shall reply on the received written complaint within 30 days. The act means, in term of this agreement, dispatch to post.

    In case of denying the complaint, Service Provider shall notify User about the reasons of the denial.

    7.4. Other law enforcement opportunities

    If the legal dispute arising between Service Provider and User can not be managed by negotiations, the following law enforcement options are available for User:

    • Submitting a complaints to the Consumer Protection Authority,
    • Initiation of Conciliation Board (the availabilities of the Conciliation Board competent according to the Service Provider’s registered seat shall be presented),
    • Initiation of Court Proceedings

    Complaint forums

    Consumer Protection Authority
    BFKH V. district Consumer Protection Government County Government Office
    Address: 1051 Budapest, Sas u. 19.

    Postal address: 1364 Budapest, Pf.: 144 
    Phone No.: +36-1/450-2598 
    E-mail:  fogyved_kmf_budapest@bfkh.gov.hu 

    Conciliation Board:
    Budapest-Capital  Country Conciliation Board
    Address: 1016 Budapest, Krisztina krt. 99. 

    Postal address: 1253 Budapest, Pf.:10. 

    Phone No.: (1) 488-2131 
    E-mail address: bekelteto.testulet@bkik.hu  

    Commercial Authority:
    Budapest Local Council’s Notary

    Address: 1124 Budapest, Németvölgyi út  37-39.
    Phone:  (1) 4585 – 800
    Fax: (1) 4585 – 828
    E-mail: khenf@bfkh.gov.hu

    Consumer Protection links
    You can find more consumer protection information on the following websites:
    General laws and regulations
    Specialties of electronic trade
    Webshops
    Tele-contracts

8. Other

8.1. Modification of T&C and prices

Service Provider may modify this T&C and the prices of the products distributed on the website anytime for the future, the modification enters into force on the day following the disclosure on the website, and effective only for transactions following the entry into force.

Procedure in case of incorrect price

It may occur, that due to eg. technical failure, an incorrect price is presented on the website. In case of incorrect price, we can not accept the order (your offer) at the incorrect price, and we are not required to sell the product for the incorrect price. In case of placing an offer with incorrect price, no Agreement is arranged between us.

If You place an offer with incorrect price, the system automatically confirms that, although it shall not be deemed as the acceptance of the offer from our side. In case of placing an offer with incorrect price, the sales colleague raises your attention on the correct price, and may offer the arrangement of the Agreement with the correct price.

You are not required to place on offer with the correct price notified by the Seller instead of the incorrect price. In such case, no Agreement is arranged between the parties.

8.2. Technical limits

Purchase on the website assumes the knowledge and acknowledgement of the limitations of the Internet from User, in particular the technical performances and occurring failures. Service Provider shall not be liable for any operational failure observed in the Internet network, preventing the operation of the website and therefore the purchase.

8.3. Data privacy policy

Service Provider’s data Privacy Policy is available on the following link: https://maskaolin.hu/en/home-page/

The protection of your personal data has a key importance for ClayNature Kft. The collection and processing of personal data suitable for identification, required for the operation of our website meet the Hungarian data privacy regulations in force (Act CXII. of 2011).

Your personal data are managed confidentially, and not forwarded to third parties, except if it is required for the performance of this Agreement (eg. post, courier service). Our colleagues, partners and service providers shall also comply with the confidentiality regulations.

Entry into force of these Terms & Conditions: 12. October 2021.

Thank You for your inquiry!

Data Trasfer Terms

I acknowledge the following personal data stored in the user account of ClayNature Kft. (1132 Budapest, Kresz Géza u. 16.) in the user database of maskaolin.hu will be handed over to OTP Mobil Ltd. and is trustedas data processor. The data transferred by the data controller are the following: name, company name, address, email address, phone number.

The nature and purpose of the data processing activity performed by the data processor inthe SimplePay Privacy Policy can be found at the following link: http://simplepay.hu/vasarloaff

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