Terms of Purchase / GTC
These General Terms and Conditions (hereinafter referred to as "General Terms and Conditions") contain the rights and obligations of Premiere Limited Liability Company (hereinafter referred to as "the Service Provider") and the User using the electronic commerce services provided by the Service Provider through libairator.com (hereinafter referred to as the User) . (Service Provider and User hereinafter referred to as "Parties"). The GTC applies to all legal transactions and services made through libairator.com (hereafter referred to as the "Website"), regardless of whether the use concerns the electronic store (hereinafter referred to as the “Webshop”) or other content. The Service Provider undertakes to fulfill the services ordered in the Webshop only in the Member States of the European Union, therefore the provision of services is only possible within the territory of those States.
1. General rules, activity on the Website
1.1. The purpose of the Website is to sell the Libairator® salt therapy device. The pictures and colours shown of the products are illustrations and may therefore differ from reality. The information contained on this site is in good faith but is intended for informational purposes only. The Service Provider accepts no liability for the accuracy or completeness of the information.
1.2 User may only use the Website at their own risk and accept that the Service Provider is not liable for any material or non-material damages arising out of the use of the Website, for intentionally, grossly negligent or criminal offenses, and for any life or physical or health damage caused by a breach of contract. The Service Provider excludes any liability for the conduct of the users of the Website. The User is fully and exclusively responsible for their own conduct on the Website. The Service Provider will fully cooperate with the competent authorities for the purpose of retracing infringements, in case of such.
1.3. The service pages may contain links (“Links”) that lead to the pages of other providers. The Service Provider shall not be responsible for the data protection practices and other activities of these providers.
1.4. Any content made available by Users on the Website may be authorized by the Service Provider, but is not required to be authorized and the Service Provider is entitled to seek, but is not required to seek, any sign of illegal activity.
1.5. Due to the global nature of the Internet, the User agrees that the use of the Website shall be subject to the provisions of the relevant national legislation. If any activity related to the use of the Website is not permitted under the national law where the User resides, the User shall be solely responsible for the use.
1.6. If the User detects any objectionable content on the Website, they shall immediately notify the Service Provider. If the Service Provider, in good faith, finds the notification to be justified, then the Service Provider is entitled to delete or modify the content immediately.
1.7. The User must ensure that they do not harm the rights of third parties or violate any laws directly or indirectly while using the Website.
1.8. The Website as a whole, its graphic elements, text and technical solutions, and the elements of the service are copyright, industrial property rights (in particular trademark protection), or other intellectual property rights. The owner or the authorized user of the copyright of all content or any other intellectual property displayed on and through the Website (including, but not limited to, all graphics and other materials, layout, editing on the Website's surface, software and other solutions, ideas, creations) is solely the Service Provider. Saving or printing the contents and parts of the Website on physical or other media is permitted for private use or if the written consent of the Service Provider has been obtained in advance. Using the Website beyond private use - such as storing in a database, transmitting, publishing or making downloadable or commercializing - is only possible with the prior written permission of the Service Provider.
1.9 In addition to the rights expressly set forth in this GTC, neither the use of the Website nor any provision of the GTC shall entitle the User to any use of any trade name or trademark on the Website. Use of these intellectual properties of the Website beyonds displaying them and their temporary multiplication necessary for displaying and the copying for personal use, is prohibited without the prior written permission of the Service Provider.
1.10. The content on this Website can only be used using a link on the Internet, subject to the following conditions:
- The source of the link must be clearly visible in link format. The link must point to the respective content element.
- Embedding libairator.com main or sub-pages into another website (e.g. by using frames) is not allowed.
- The linking website may not give the impression that libairator.com or the Service Provider supports the use or purchase of a product or service offered on that website, unless otherwise agreed in a written contract with the Service Provider as a contracting party.
- The linking website may not provide or contain untruthful information about the legal relationship between libairator.com or the Service Provider and the owner of the linking website or untruthful information about the Service Provider's other services.
- The linking website may not contain information that violates legislation, rights of third parties or public norms.
- In the event of a violation of the linking rules, the Service Provider is entitled to get the link to the Website immediately, forcibly removed if the operator of the linking website does not remove it themselves, in spite of the request to do so, and also has the right to claim compensation for the infringement and any related damages incurred.
1.11. The Service Provider reserves all rights to all elements of its service, in particular the libairator.com domain name, its subdomains, sub-pages and its web advertising surfaces. It is forbidden to perform any activity aimed at listing, organizing, archiving, breaking into (hacking) Service Provider’s database or reverse engineering the Service Provider's source code, unless the Service Provider gives particular permission for this.
1.12. It is forbidden to modify, duplicate, place new data or overwrite existing data in the database of the Service Provider by circumventing the surface provided by the Service Provider or search engines, unless by separate agreement or by using a service made especially for this purpose.
1.13. By using the service provided on the Website, the User agrees that the Service Provider may utilize the data uploaded by the User during the use of the service in accordance with the relevant Data Privacy Statement.
2. Establishment of a contract between the Parties
2.1. The scope of this GTC includes all electronic commercial services provided through the libairator.com Website and / or Webshop. The Webshop sells the Libairator® salt therapy device and its accessories and related products. Ordering is possible online via the Website, as well as ordering by phone and in person.
2.2. Purchase in the Webshop is possible by ordering electronically, as specified in this GTC.
2.3. Using the services of the Webshop is subject to providing a billing and shipping address, as well as an e-mail address and telephone number. Besides this, the User agrees to this GTC and the related Privacy Protection and Data Handling Policy.
2.4. The Service Provider accepts the order (offer) of the User by sending a specific email of acceptance, informing the Customer, amongst other things, about the contract's creation and the expected time of delivery. After the order has taken place, the contract may be amended or cancelled, free and without any consequences, provided performance has not yet begun. This can be done by e-mail, preferably after communicating by phone in advance.
2.5. The contract concluded between the Parties in Hungarian language by purchasing the goods (individual contract, order) is not deemed to be a written contract, it is only recorded and stored electronically. The contracts are neither printed nor stored in paper form by the Service Provider. The electronic data files of the order are stored by the Service Provider for a period of 5 years from their creation and the performance under the contract, respectively.
2.6. The User has the opportunity to check, modify, or delete their order anytime as it appears in the shopping cart in the Webshop. Options for languages of the contract: Hungarian. The applicable law is Hungarian law. The Service Provider is not regulated by a Code of Conduct.
2.7. Service Provider Details:
Company name: Premiere Kft.
Service Provider’s registered office: 1084 Budapest, Mátyás tér 10-11.
Contact: mail@premiere.hu
Customer Service: +36(70)4311454
Bank Name: OTP Bank PLC.
Bank account number: 11708001-22239613
Trade Registration Number: 01-09-075296
Tax number: 10519372-2-42
EU tax number: HU10519372
2.8. Handling of the User's personal data is governed by the Privacy Protection and Data Handling Policy, which is an integral part of the General Terms and Conditions, accessible at the bottom of all surfaces of the Website.
3. Ordering
3.1. The essential characteristics of the goods being purchased and the instructions for the use of the goods can be read on the information page of the specific article in the Webshop. Besides that the detailed physical features of the goods are contained in the User Manual which accompanies the product. The Service Provider’s performance is considered to be fulfilled under the contract, if the product has more advantageous features for the User than described on the Website or in the User Manual. The Service Provider shall enclose a User Manual with the goods it sells, where this is required by law.
3.2. The purchase price is always displayed next to the selected product in the Webshop, in Hungarian Forint (Ft, HUF), Euro (€, EUR), US Dollar (USD), or British Pound (£, GBP), which, if not marked separately, already includes the sales tax. The purchase price of the product does not include the cost of shipping.
3.3. The Service Provider reserves the right to change the price of products that can be ordered on the Website and this will enter into force immediately when the new prices appear in the Webshop. The price change does not unfavourably affect the price of products already ordered . If products are purchased online by bank card and a decrease in the purchase price occurs during the period between sending the electronic payment note and receipt of the product, the Service Provider cannot refund the price difference. The security check of the online payment transaction takes a minimum of 24 hours, the product can only be received after that.
3.4. The order is accepted only through the Service Provider's Website if the User completes all the fields required for ordering. The Service Provider shall not be liable for any delays caused by the Customer's misinterpretation and / or inaccuracy in the ordering data or any other problem or error. Some images on the Website are only illustrations, and the Service Provider does not accept any responsibility for any possible deviations between these and the real goods.
3.5. In the Webshop, the Service Provider publishes offers for the products it sells. The User makes a bid by ordering the product, which the Service Provider accepts by confirming the order. Orders are automatically stored in the Webshop in electronic form, which can be later reviewed by the User.
3.6. The order can be submitted to the Webshop by using the shopping basket ("Cart"). The User chooses products from the detailed product page by entering the quantity required next to the selected product in the Cart. The User can change the contents of the Cart by changing the quantity, and by using the "Continue Shopping" button, returning to the products area at any time, where the User can enter the desired quantity of additional items. by these two means the contents of the Cart can be modified or deleted. If the User has finalized the content of the Cart and has clicked the "Checkout" link, the order summary is available for checking the order information before the order is finally placed. The User can then choose to register their details or enter their data without registering or use their previously registered data or their social media profile to log in, to identify themselves. The User can set or change their billing and shipping address, select the shipping method, check shipping costs and the expected delivery time, and choose a payment method. By clicking on the "Modify" links, the User can modify the contents and other information of their Cart to suit their needs. The order is dispatched by clicking on the "Confirm Order" link on the "Order Summary" page. When choosing an online payment method, the system will direct the User to the appropriate payment page.
Delivery Methods:
home delivery (courier service)
personal pick-up at parcel points
personal pick-up at Customer Service (pre-arrangement required)
Payment methods:
Online payment by bank card - Barion Payment Zrt. provides a convenient and secure online payment system for the Webshop. License number of the National Bank of Hungary: H-EN-I-1064/2013. The User’s bank card details are not disclosed to the Service Provider’s Webshop. When the User pays by bank card, they will be redirected to Barion's payment page, so payment will be made directly on the site operated by the rules and safety regulations of the international card companies and not on the site of the Webshop. The Service Provider does not have any form of data, number or expiration date from the User’s card or the account data behind the card and no opportunity to view the card.
In the Webshop, the User can pay with the following card types:
MasterCard
Maestro
Visa
Visa Electron
American Express
bank transfer - when an order is placed, Service Provider notifies the User by email that the order is being placed in a "pending state" and as soon as the amount arrives to Service Provider’s bank account, the order will be activated. Service Provider provides User with all the necessary additional information via e-mail.
cash on delivery - cash payment upon home delivery, cash payment to the courier upon courier delivery
PayPal payment - bank card or PayPal account online payment method via secure PayPal system
payment at a pick-up point selected by the User - User pays in cash or by bank card upon picking up the unopened, undamaged package. User needs to doublecheck in advance if card payment is accepted by the pick-up point.
bank card or cash - at the Customer Service of the Service Provider.
3.7. The Service Provider is obliged to confirm the purchase by electronic means (e-mail) within 48 hours of receiving the User's purchase offer (order). Receiving the email is not deemed confirmation of the offer. If this confirmation does not arrive to the User within 48 hours of sending the offer, the Service Provider shall contact the User via e-mail informing them of the reason for not confirming the order (e.g. temporary shortage, technical problem, pricing error). The Service Provider will do its utmost to ensure that the information (prices, availability, descriptions, etc.) on the pages of the Website are as accurate as possible. If obviously incorrect prices are displayed, this cannot be deemed to be a call for tenders. Exceptions to this are gift products advertised under sales promotions. If, on the basis of the information sent by Service Provider, User refrains from the purchase, at the User's written request, the Service Provider shall return the amount of the previously paid purchase price and shipping cost to the User within five (5) working days.
3.8. When purchasing the product, an electronic invoice is issued by the Service Provider to the User upon confirming the order in a separate email, upon receiving the full amount of cash on delivery, and upon receiving cash payment directly.
3.9. The Webshop system handles each confirmed order as separate, therefore if same User with the same address makes several orders in short sequence, then each order will be packaged separately and the delivery fee will be charged separately for each order. If the User has already placed an order but wishes to extend the order with another product, the User may request a merging of orders by sending a request to Customer Service. The Service Provider shall only be obliged to merge the orders, if the status of the order(s) so permits and the request to modify the order has been received by the Service Provider prior to handing over the package to the courier service.
4. Delivery and payment terms
4.1. The fee for the delivery of orders is borne by the User in such a way as the shipping charge is indicated on the invoice. The Service Provider reserves the right to change the shipping charge effective the date when the price changes are published on the Website. The change does not affect the delivery costs of products already ordered.
4.2. The delivery times shown on the Website are only for informational purposes. The actual delivery date is always indicated in the order confirmation.
4.3. The Services ordered on the Website are provided by the Service Provider at the place (delivery address) specified in the order confirmation email sent to the User.
4.4. When delivering to a delivery address, the Service Provider uses the services of WEBSHIPPY Magyarország Logisztikai Kft.
4.5. Packages are delivered on workdays between 8:00 and 17:00. If the User is not at home during this period, it is advisable to provide a workplace (or other available) delivery address as a shipping address. Telephone contact greatly facilitates successful delivery.
4.6. If the purchase is not made by cash or by payment in-person, the order and purchase value will be prepaid. Therefore, in this case, no purchase price or shipping cost should be paid to the courier.
4.7. The package must be examined externally by the User upon receipt in the presence of the delivery courier, and any possible damage incurred to the package must be recorded. After the record has been added, the User can decide whether to return the externally damaged package or accept it. This fact must be recorded. The package can only be opened after acceptance of - in the case of cash on delivery, paying for - the product. In any case, the courier leaves the accepted package at the delivery address and will not return it to the Service Provider. If the product itself, in the accepted externally damaged package is damaged, this fact must be reported to the courier. Service Provider does not accept any claims, unless the damage has been reported and recorded as a complaint.
4.8. The User Guide and the Warranty Card are included in the package.
4.9. In the case of multiple delivery failures, the package will automatically be returned to the Service Provider's warehouse.
4.10. If the User refuses to accept the package, multiple delivery attempts will not be made. The package will automatically be returned to the Service Provider's warehouse. The total cost of unsuccessful delivery will be borne by the User, including the delivery and delivery costs to the Service Provider's warehouse.
4.11. In the event of a delivery failure, the Service Provider will contact the User at the specified e-mail address to agree the other tasks.
4.12. The re-delivery of the product is possible in case the re-delivery fees are prepaid. If the User does not request a re-delivery or is not contactable for thirty (30) calendar days, the Service Provider will return the User's payment for the product reduced by the delivery charges.
4.13. It is possible to pick up the ordered products also at the registered office of the Service Provider.
4.14. Delivery is made to EU countries. The shipping fee is determined by the the value and destination of the order. Service Provider informs the User about expected delivery times during the course of the ordering process. The User can find the typical delivery fees on the Website under Shipping Information.
4.15. The User has the option to choose the payment method for each delivery method. By launching the online payment process, the User can pay the purchase price of the order on the platform of the chosen payment service provider. Bank card data is not provided to the Service Provider, the data is managed solely by the secure system of the payment service provider. Users choosing cash on delivery should pay the purchase price of the product and the shipping cost at the delivery point. Users who choose to pick up the product personally at the registered office of the Service Provider, can either pay in advance (online or bank transfer) or at the time of pickup (cash or bank card).
5. Withdrawal
5.1. The User has the right of withdrawal within 14 days without reason. This is stipulated in Government Decree 45/2014 (II.26) that governs virtual contracts. The User has the right of withdrawal up to 14 days after the date of receipt of the product. In the event the User has not received information on the Service Provider, on the characteristics of the product and the service and on the right of withdrawal by the fourteenth working day following receipt of the product, then the User has the right to cancel the contract within eight working days from receiving the information, but no later than three months after receipt of the product. The right of withdrawal may be exercised also in the case of personal pick-up of the product. The User's withdrawal statement may be communicated to the Service Provider by mailing it by post or by e-mail to the addresses indicated among Contact details on the Website. The Service Provider immediately confirms the receipt of the statement.
In the case of exercising the right of withdrawal, the User shall be responsible for returning the product to the Service Provider at their own expense. Returns will be deemed to have been completed within the deadline, provided the User has sent the product before the expiry of the deadline. The User can not return the product with a cash on delivery courier service. The Service Provider will refuse such deliveries. In the event of withdrawal, the Service Provider may demand from the User the reimbursement of damages resulting from the misuse of the product. Besides these, the User will not be charged any other costs with respect to the withdrawal.
The Service Provider shall refund the amount paid by the User in full within 14 days from the date of cancellation.
In case of withdrawal, the Service Provider refunds the amount using the same payment method that was originally used by the User. Provided the explicit consent of the User is obtained, the Service Provider may use a different payment method for the refund, but the User may not be charged any extra fee as a result. The User shall only bear the direct cost of returning the product, unless the Service Provider has undertaken to bear this cost. Repayment is preferably made by bank transfer. If the order was not paid originally by bank transfer, then the User's bank details are required for the refund.
5.2. The provisions of this clause apply only to Users who are considered to be natural persons acting for the purposes of their own independent personal use and not wholesale trade use. Such Users are deemed to be natural persons (or “Consumers”) who purchase, order, receive, use or are targeted under the sales communication.
6. Warranty, Guarantee
6.1. The Service Provider is responsible for the defective performance (implied warranty).
6.2. In the event of a malfunction, the User may request, in the first place, at their option, repair or replacement, except if the requested warranty option is impossible or if the Service Provider would have to bear disproportionate additional cost compared to the cost of the fulfillment of the other warranty option taking into account the value of the undamaged supplied item, the seriousness of the breach of contract and the inconvenience caused to the User under the fulfillment of the warranty claim. If the User cannot claim repair or replacement, or if the Service Provider has failed to complete the repair or replacement, or can not meet its obligations under the above conditions, the User may, at their discretion, request an appropriate price reduction or withdraw from the contract. Withdrawal cannot be exercised in the case of an insignificant defect.
6.3. The User shall, after discovering the defect, report the defect to the Service Provider as soon as possible, given the circumstances. In the case of a consumer contract, a defect communicated within two months of discovering the defect shall be deemed to have been communicated in a timely manner.
6.4. Costs related to the fulfillment of the warranty obligation and establishment of the contractual status, including in particular the material, labour and transport costs, shall be borne by the Service Provider.
In the case of an order that does not qualify as a consumer contract according to the Civil Code, the User may exercise their warranty rights within six months from the date of performance, but in the case of a qualified consumer contract, the right of warranty is two years.
6.5. As the Libairator® Salt Therapy Device sold in the libairator.com Webshop is deemed to be a durable consumer product, according to Government Decree 151/2003, the Service Provider is obliged to provide a guarantee, which means that Service Provider is only exempted from liability if it can prove that the defect is due to improper use of the product. The guarantee period begins with the actual performance, i.e. the delivery of the product to the User. For Libairator®, the mandatory guarantee period is one (1) year. Non-durable consumer goods are under warranty for half of a year.
6.6. The User is only entitled to exercise the guarantee claim by providing the filled-in Guarantee Card received at the time of purchase or the invoice evidencing payment and containing the serial number of the device. The User must provide proof of purchase.
6.7. During the guarantee period, the Service Provider undertakes to replace or repair the defective product, depending on the nature of the defect or at the User's request.
6.8. In the event of product malfunction, the User may obtain information for further action by contacting Service Provider according to 6.9.
6.9. The cost of delivering the products to a guarantee service point shall be borne by the User. In case the guarantee claim is proven to be justified, the Service Provider shall reimburse the User's shipping costs, but only up to the cost of the least expensive delivery method. The defective device must be returned to the customer service department of the Webshop:
Premiere Kft.
1084 Budapest Mátyás tér 10-11.
E-mail: service.hu@libairator.com
Tel: +36 (70) 4311454
The Service Provider does not accept any packages sent via Cash on Delivery shipping method. The Service Provider will refuse any package sent using this shipping method and the package will be returned to the User.
6.10. If the User makes a guarantee claim within three working days of the delivery of the product to replace the product, the Service Provider is obliged to replace the product, provided that the defect prevents its intended use.
6.11. The guarantee obligation does not apply to any malfunction that arises after performance. Proof of this is borne by the Service Provider. This guarantee does not impact the warranty rights derived from the law.
7. Liability
7.1. Making purchases in the Webshop presupposes the User's knowledge and acceptance of the possibilities and limitations of the Internet, with special regard to its technical performance and potential errors.
7.2. The User shall have full and unlimited liability for damages resulting from the provision of the personal data of another person or the publication of these in the Webshop. In such a case, the Service Provider will fully cooperate with the competent authorities for the purpose of identifying the offender.
7.3. Public communication channels (e.g. product reviews) that are part of the Webshop are available to Users at their own risk. The Webshop is not moderated automatically, however, if the Service Provider is notified of a violation or infringement of content by a User, then the Service Provider is entitled to remove any or all of the content temporarily or permanently, without justification. In the case of repeated or serious infringement by a User, the Service Provider is entitled to exclude that User permanently from the use of the Website.
7.4. When communicating a product review, the User acknowledges that the product review submitted by them can be published or deleted by the Webshop without their consent. By submitting a product review, the User agrees to the publication of the User's name associated with such product review.
8. Newsletter
8.1. At the User's request, the Webshop provides information updates via e-mail to the e-mail address provided by the User during registration.
8.2. The User who uses the newsletter service subscribes to the newsletter with a prior, voluntary and explicit consent to receive a newsletter containing information about the products of the Webshop to the email that they provided, and that the Webshop can use the given email address in the provision of the newsletter service. The User may withdraw the consent to the newsletter service, such as the sending of informational items and using the User's personal data for this purpose, by way of unsubscribing from the service at any time.
9. Exercising Consumer Rights
9.1. Customer Support (Customer Service)
Premiere Kft.
1084 Budapest, Mátyás tér 10-11.
Contact: info.en@libairator.com
Mandatory response time for requests received by email: 8 (eight) business days.
9.2. If any dispute between the Service Provider and the User can not be settled by negotiations with the Service Provider, the following possibilities are open to the User:
- Registering a complaint with the Consumer Protection Authority. If the User suspects / detects a violation of their rights, they have the right to register a complaint to the Consumer Protection Authority in their place of residence. After analyzing the complaint, the Authority decides on the further proceeding.
- Registering a complaint with the Commercial Trade Authority. If a User suspects / detects a violation of trade rules, they may register a complaint with the competent authority (based on registered office location) of the Service Provider. After analyzing the complaint, the Authority decides on the further proceeding (District VIII notary, Phone: 459-2268 Fax: 313-6696, E-mail: jegyzo@jozsefvaros.hu, 1082 Budapest, Baross u. 63-67, 1st floor, 116th).
- Mediating Authority. For the purpose of coming to an out-of-court, peaceful settlement of a consumer dispute relating to the quality of products and the conclusion and performance of the contract, the User may initiate a proceeding with the Mediating Authority operating at the professional chamber of commerce in their place of residence.
- Judicial proceedings. The User has the right to enforce their claim arising out of a consumer dispute in court in the framework of a civil procedure in accordance with Act V of 2013 of the Civil Code or Act III of 1952 of the Code of Civil Procedure. The exclusively competent court is the Pesti Központi Kerületi Bíróság (Pest Central District Court) or the Fővárosi Bíróság (Metropolitan Court).
10. Closing Provisions
10.1. The Service Provider is entitled to unilaterally amend the terms of this GTC at any time.
10.2. In case any provision in this GTC shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Instead of invalid or incomplete parts, the relevant clauses of the Civil Code shall be applied.
10.3. In case of ambiguity, it is always the Hungarian version of this GTC t that applies.
Budapest, July 22, 2018.