TERMS AND CONDITIONS

Definitions

Service Provider: For the purposes of these General Terms and Conditions (hereinafter: GTC), the “Service Provider” is Emese Puhala, style consultant (1161 Budapest, Hársfavirág utca 14., Hungary).

Client: Any natural or legal person who enters into a contract with the Service Provider in the course of the Service Provider’s ordinary business activities.

Person Using the Service: If the Client and the person using the service are not the same, then for the purposes of this contract, the term “Client” shall also include the person using the service, except with regard to the payment obligation (see: gift voucher).

Conclusion of the Contract: A contract between the parties is concluded when the Client’s written (online) order is confirmed in writing (online) by the Service Provider, or when the parties jointly sign a written contract. The Parties record that these GTC form an inseparable annex to any contract concluded in any manner. The Parties also record that only statements made in writing have legal effect in their legal relationship, and any modification of the contract is valid only if made in writing by mutual agreement. The Parties mutually accept statements made via e-mail.

Service Contract: A contract concluded between the Service Provider and the Client in accordance with the provisions of the Hungarian Civil Code and these GTC, under which the Service Provider undertakes to provide the service specified in the contract at a later agreed date, and the Client undertakes to receive the service and pay the service fee.

Service: The specific service that is the subject of the individual contract concluded between the Client and the Service Provider. The Service Provider offers the following services: personal colour, makeup and style consultation, personal shopping, wardrobe organization, lectures, and group workshops.

Service Provider’s Website: styledbymeshy.com

I. Scope of the General Terms and Conditions

1. These GTC form an inseparable part of each individual service contract concluded between the Service Provider and the Client (together: the Contracting Parties).
2. The content of the legal relationship between the Contracting Parties is determined jointly by the individual service contract and these GTC, within the framework of applicable laws. In the event of any discrepancy, the provisions of the individual service contract shall prevail, followed by the provisions of these GTC. Matters not regulated in the individual service contract shall be governed by these GTC.
3. If the Client does not agree with these GTC or any of their provisions, the Client must notify the Service Provider in writing prior to concluding the service contract. In such case, a contract with amended content shall only be concluded if the Service Provider accepts the Client’s conditions in writing before the conclusion of the contract.
4. If, despite the above, the Client raises objections only after the conclusion of the contract, the contract shall be deemed validly concluded with the content set out therein.
5. These GTC are public and continuously available on the Service Provider’s website. Any amendment shall enter into force on the date of publication on the website.

II. Subject of the Service Contract

1. The service individually specified by the Contracting Parties in the individual service contract.
2. The Client orders the selected service by fully completing the form available on the website. The following data must be provided: surname, given name, date of birth, e-mail address, mobile phone number, permanent registered address (country, postal code, city, street, house number).
   Placing an order is conditional upon reading and accepting the Privacy Policy and these GTC in full.
   The contract is concluded upon mutual agreement on the date of service provision and confirmation by the Service Provider. By completing the form, the Client provides their data, and the Service Provider performs and issues the invoice accordingly.
   The Service Provider is entitled to delete obviously incorrect or false registrations or to reject orders containing such data, and in case of doubt may verify the accuracy of the Client’s data. The Service Provider shall not be liable for any consequences arising from incorrect and/or inaccurate data provided by the Client.
3. If the Client repeatedly uses the Service Provider’s services but places an order in a manner other than via the website, by ordering the service in another form the Client acknowledges that they are aware of and accept as binding the provisions of the GTC in force and available on the website.
4. The Service Provider declares that the data and conditions published on the website form part of these GTC and the individual contract. By placing an order via the website, the Client declares that they are familiar with and accept the information, conditions, these GTC and the content of the individual contract.
5. Any special requirements differing from those stated on the website shall form part of the contract only if expressly recorded in writing in the Service Provider’s offer, the Client’s order, the Service Provider’s confirmation, or a written contract.
6. The Parties record that their pre-contractual correspondence forms part of the contract.
7. If, in order to fulfil a special Client request, additional costs arise for the Service Provider, such costs shall be borne by the Client based on the Service Provider’s prior information. By accepting these GTC, the Client consents to the invoicing of such costs. The Client shall be obliged to reimburse these costs even if the contract is not concluded due to reasons attributable to the Client.

III. Rights and Obligations of the Parties

1. The Parties shall cooperate in the performance of the contract and provide each other with the necessary information.
2. The Client is entitled to use the service ordered by them to the extent ordered.
3. The Service Provider is obliged to provide the specified service under the individual contract and may use subcontractors or contributors in the course of performance.
4. Services may be used on any day of the week. Weekend appointments are subject to a surcharge. Appointments are scheduled based on prior booking, in the order of applications. Booking lead times may vary by service and may extend to several months.
5. The Client must appear at the agreed time and place in a condition suitable for using the service. If there is doubt as to suitability, the Service Provider is entitled to refuse performance, in which case the Client shall have no claims arising from non-performance.
6. The Client and/or the person using the service must inform the Service Provider in writing in advance of all conditions and circumstances that may affect performance, in particular the health condition of the person using the service (e.g. infectious disease, allergy). Failure to provide such information shall render the Client liable for resulting damages.
7. The Client shall cooperate during the use of the service and provide the necessary information and statements to the Service Provider.
8. The Client shall pay the fee for the service used in accordance with the price list published on the website or as set out in the individual agreement, against the invoice issued by the Service Provider.
9. If the Client does not have a permanent residence in Hungary, following the order the Client shall pay a booking fee of HUF 10,000, which shall be deducted from the service fee if the service is used. The Parties consider the order completed on the date the fee is credited to the Service Provider’s bank account. If the service is not used for any reason attributable to the Client and the appointment is not cancelled in accordance with these GTC, the booking fee shall be forfeited.
10. The Client may withdraw from the contract at any time without providing reasons, but shall be obliged to compensate the Service Provider for any damages incurred.
11. The location of the services/consultations shall always be agreed by the Parties. This may be a location designated by the Client or, alternatively, home visits may be arranged.
12. If the Client cancels the agreed appointment within 72 hours prior to the appointment, fails to attend without prior notice, fails to appear in a condition suitable for using the service, the Client shall pay a cancellation fee of HUF 20,000 within 8 days against an invoice issued by the Service Provider. Outside the 72-hour period, the Client may request an appointment change without providing reasons, subject to mutual agreement.
13. If the Service Provider is unable to provide the service at the agreed time for any reason, the Service Provider shall inform the Client without delay and offer the earliest possible alternative appointment. The Client shall have no claims arising from cancellation by the Service Provider.
14. The Service Provider limits its liability towards the Client and the person using the service to the amount of the service fee paid; any claims exceeding this amount, regardless of legal basis, are excluded. By placing the order and/or using the service, the Client and the person using the service accept this limitation of liability.
15. The Client expressly consents to the Service Provider using photos taken of the Client during the consultation, as well as testimonials or opinions, as references for marketing purposes on the website or Facebook page, displaying the Client’s first name. The Client also permits post-editing or modification of such photos, provided that such actions are not demonstrably malicious and do not cause obvious material or moral disadvantage compared to the original photo. The Service Provider is not entitled to publish any other data. The Client may provide different instructions in writing to the Service Provider.
16. Written documents forming part of the services shall be provided to the Client in PDF format by e-mail after the consultation.
17. Documents provided by the Service Provider may be used by the Client for private purposes only. Copyright in such documents belongs to the Service Provider. Unauthorized use includes, in particular, reproduction, distribution, making available to the public, or use for educational or commercial purposes.

IV. Payment

1. Prices displayed on the website are gross prices and do not include value added tax. By ordering the service, the Client accepts the indicated price. The Service Provider is entitled to unilaterally modify service fees and conditions at any time; such modifications take effect upon publication on the website.
2. Unless otherwise agreed, fees for in-person services shall be paid in cash after performance, while fees for online services shall be paid in advance by bank transfer. In case of a different agreement, the payment deadline is the 8th day following performance. The Service Provider shall issue the invoice 8 days prior to the expiry of the payment deadline.
3. The date of performance shall be the date on which the invoiced amount is credited to the Service Provider’s bank account. In case of late payment, the Service Provider is entitled to charge default interest in accordance with Section 6:48(1) of the Hungarian Civil Code. The Service Provider reserves the right to suspend performance of its contractual obligations as long as the Client has overdue debt.
4. Unless otherwise agreed, the Client is not entitled to set off claims against the Service Provider.

V. Data Protection

1. The Service Provider shall treat all data obtained in the course of orders and service provision confidentially in accordance with Act CXII of 2011 on Informational Self-Determination and Freedom of Information, and shall use such data solely for the provision of services and invoicing, and shall not disclose them to third parties in any form.
   (Further details are available in the Privacy Policy.)

VI. Dispute Resolution and Jurisdiction

1. The Parties shall primarily attempt to resolve any disputes arising from this contract and individual service contracts amicably through negotiation.
2. The Parties submit to the exclusive jurisdiction of the District Court of Budapest, Districts XX, XXI and XXIII.

VII. Final Provisions

1. Unless otherwise provided by these GTC or the contract, the invalidity of any provision shall result in partial invalidity and shall not affect the validity of the contract as a whole.
2. Effective date of these General Terms and Conditions: 1 January 2018.
3. Last amendment: 28 August 2018.