Terms of purchase
This document is not registered; it is concluded exclusively in electronic form and does not constitute a written contract, is written in Hungarian, and does not refer to a code of conduct. For questions related to the operation of the webshop, ordering, and delivery process, please contact us at the provided contact information. This GTC applies to the legal relationships on the Service Provider's website (https://www.diamondnails.eu/) and its subdomains.
Service Provider's Name: NAIL SHOP Trading and Service General Partnership Service Provider's Registered Office: 4225 Debrecen, Tócós utca 5. Service Provider's Contact Information, Regularly Used Electronic Mail Address for Communication with Customers: [email protected]
Company Registration Number: 09 06 013531 Tax Number: 22101594-2-09
Name of the Registration Authority: Pest megye County Court
Phone Number: +36 70 638 3411
Data Protection Registration Number: NAIH-81119/2014.
Language of the Contract: English
Name, Address, and Email Address of the Hosting Service Provider: The webshop operates on its own server.
Contact Information for Customer Service: Phone Number: +36 70 638 3411 (available on weekdays from 9 am to 5 pm, and on Saturdays from 10 am to 1 pm); Email: [email protected]; Mailing Address: Nail Shop General Partnership / 1135 Budapest, Frangepán u. 71/A.
In matters not regulated by these Terms and Conditions and for the interpretation of these Terms and Conditions, Hungarian law shall prevail, with particular reference to Act V of 2013 on the Civil Code ("Ptk.") and Act CVIII of 2001 on certain issues of electronic commerce services and information society services related to services, and Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. The mandatory provisions of the relevant laws are binding on the parties without special agreement. These Terms and Conditions are valid from March 1, 2018, and will remain in effect until revoked. The Service Provider is entitled to unilaterally modify the Terms and Conditions. The Service Provider shall publish the modifications on the website 11 (eleven) days before their entry into force. Users accept all the regulations regarding the use of the website automatically by using the website. If the User does not accept the terms, they are not entitled to view the content of the website. The information provided on the Webshop constitutes an invitation to submit an offer under the Civil Code, and not an offer to enter into a contract. In the case of electronic ordering on the Webshop, the User is considered to be the offeror. The Service Provider reserves all rights to the website, any part thereof, and the content displayed thereon, as well as its distribution. Downloading, electronic storage, processing, and resale of the content appearing on the webshop, or any part thereof, is prohibited without the written consent of the Service Provider.
By purchasing/registering on the website, the User declares that they have read and accepted the terms of this GTC and the Data Processing Information published on the website, and consents to data processing. During the purchase/registration process, the User is obliged to provide their own, real data. In the case of false or data related to another person provided during the purchase/registration process, the resulting electronic contract shall be void. The Service Provider disclaims any liability if the User uses the services on behalf of another person or with the data of another person for any reason attributable to the User. The Service Provider is not responsible for any damages arising from incorrect data provided by the User. If the User forgets their password or, for any reason, it becomes accessible to unauthorized persons, the Service Provider shall not be liable for any damages resulting from this.
The products displayed on the webshop can only be ordered online. The prices displayed for the products are in EURO, including the VAT required by law, but do not include the cost of home delivery. There is no separate packaging fee. The webshop provides detailed information about the product's name, description, and displays photos of the products. The images displayed on the product pages may differ from the actual products and are for illustration purposes. The Service Provider shall inform Users in detail about the promotion and its exact duration if a promotional price is introduced. In the event of an incorrect price being displayed on the Webshop due to a system error, especially one that is obviously incorrect, such as "0" EURO or an unusually low price, the Service Provider is not obliged to deliver the product at the incorrect price, but may offer delivery at the correct price, indicating the incorrect price.
The contract is considered concluded when the User completes the ordering process. The User may place products in the shopping cart without registration and start the ordering process. In this case, the User shall be required to provide the necessary data for the transaction. The contract is considered concluded when the User clicks on the "Order" button on the cart page. The User may choose from several payment methods, and the Service Provider shall provide the User with the necessary information regarding the chosen payment method. The User may choose from several payment methods, and the Service Provider shall provide the User with the necessary information regarding the chosen payment method. The User may pay for the products by transferring the purchase price to the Service Provider's bank account, by using an electronic payment system (credit card, PayPal and Barion),. If the User chooses to pay in advance, the Service Provider shall send an advance payment request to the User by email, containing the Service Provider's bank account details, the amount to be transferred, and the order number. After making the payment, the User must provide the order number as the payment reference. The User shall be informed of the confirmation of the order by email. The contract is considered concluded upon receipt of the confirmation email.
6.1. Pursuant to Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses, the User, as a consumer, is entitled to withdraw from the contract without justification within 14 days of receipt of the product or, in the case of a service contract, within 14 days of the conclusion of the contract. The User may exercise the right of withdrawal provided that they make a clear statement of their intention to withdraw (e.g., by letter, fax, or email) within 14 days.
6.2. The User shall exercise the right of withdrawal within 14 days by sending a clear statement of their intention to withdraw, which includes the User's name, address, and the order number, to the Service Provider's contact email address: [email protected]. The Service Provider shall confirm the receipt of the withdrawal notice by email.
6.3. In the event of withdrawal, the User is obliged to return the product to the Service Provider's address without undue delay, but no later than 14 days after the notification of withdrawal. The User shall bear the direct costs of returning the product.
7.1. Pursuant to the regulation of Directive 2011/83/EU of the European Parliament and of the Council, as well as Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, the Consumer has the right to withdraw from the contract without giving any reason within 14 days of receiving the ordered product. In the absence of this information, the Consumer is entitled to exercise the right of withdrawal for up to one year. If the Service Provider provides the information after the expiration of the 14 days from the date of receipt of the product or the conclusion of the contract but within 12 months, the withdrawal period starts from the date of providing this information.
7.2. The right to withdraw expires 14 days after the day on which the Consumer, or a third party other than the carrier designated by the Consumer, takes possession of the product.
7.3. The Consumer may also exercise the right of withdrawal during the period between the conclusion of the contract and the receipt of the product.
7.4. The cost of returning the product shall be borne by the Consumer, and the business does not assume this cost.
7.5. When exercising the right of withdrawal, the Consumer shall not incur any other costs apart from the cost of returning the product.
7.6. The right of withdrawal shall not apply to the Consumer for non-premanufactured products made based on the Consumer's instructions or at the Consumer's express request, or for products that have been clearly tailored to the Consumer's personal needs.
7.7. The Consumer also cannot exercise the right of withdrawal in the following cases:
For contracts for the provision of services, if the performance has begun with the Consumer's express consent before the end of the withdrawal period, and the Consumer has acknowledged that they will lose the right to withdraw once the service has been fully performed.
For products or services whose price or fee depends on fluctuations in the financial market that are beyond the control of the business and that may occur within the withdrawal period.
and the actual value of which depends on fluctuations in the market that cannot be controlled by the business.
For business contracts where the business visits the Consumer at the express request of the Consumer for urgent repair or maintenance work.
7.8. Upon the return of the product or the arrival of the withdrawal statement, the Service Provider shall reimburse the Consumer without undue delay and no later than within 14 days in accordance with the relevant legal regulations, including the delivery cost.
7.9. During the reimbursement, the same payment method used in the original transaction shall be employed unless the Consumer has expressly agreed to a different payment method; the Consumer shall not be charged any fees for such reimbursement.
7.10. The Consumer shall return the goods without undue delay, but no later than 14 days after sending the notice of withdrawal to the Service Provider's address
7.11 The Consumer is responsible for the shipping costs back to the provider Payment for the products purchased on the Website can be made using the following methods:
Credit or debit card: The User can pay for the products using a valid credit or debit card. The User must provide the necessary card information, including the card number, expiration date, and CVV code, to complete the payment. The Service Provider may partner with a secure payment processing provider to facilitate card payments.
Online by bank card: The User has the option to pay the total value of the order online by bank card through the secure payment system of the financial service provider used by the Service Provider. Online bank card payments are made through Barion's system. The bank card data will not reach the merchant. Barion Payment Zrt., which provides the service, is an institution under the supervision of the Magyar Nemzeti Bank, license number: H-EN-I-1064/2013
7.12. Bank transfer: The User can choose to make a payment via bank transfer. In such cases, the User will receive the necessary bank account details for the transfer. It is the User's responsibility to ensure that the correct amount is transferred to the provided bank account.
7.13. Other payment methods: The Service Provider may offer alternative payment methods, which will be indicated on the Website during the checkout process. The User can select the preferred alternative payment method to complete the purchase.
7.14. The Service Provider is not obligated to reimburse the Consumer for any additional costs resulting from the choice of a different delivery method than the cheapest standard delivery method offered by the Service Provider.
7.15. The Service Provider may withhold the refund until the goods have been returned or until the Consumer has provided proof of returning them, whichever occurs earlier.
7.16. If the Consumer wishes to exercise their right of withdrawal, they can notify the Service Provider in writing through one of the contact methods (including the provided form), by phone, or in person. When notifying in writing by post, the date of posting is considered, and for phone notifications, the date of the call is considered. The Service Provider accepts written notifications by post as registered mail or packages. The ordered product can be returned to the Service Provider by postal mail or courier.
7.17. The Consumer is only responsible for the depreciation of the product resulting from any use beyond what is necessary to determine its nature, characteristics, and functioning.
7.18. Detailed rules of contracts between the Consumer and the business can be found in Government Decree 45/2014 (II.26.) available here.
7.19. Directive 2011/83/EU of the European Parliament and of the Council can be accessed here.
7.20. The Consumer can also contact the Service Provider with other complaints using the contact information provided in this Regulation.
7.21. The right of withdrawal only applies to Users who qualify as consumers according to the Civil Code.
7.22. The right of withdrawal does not apply to businesses, i.e., individuals acting within their profession, independent occupation, or business activity.
7.23. Procedure for exercising the right of withdrawal:
7.23.1. If the Consumer wishes to exercise the right of withdrawal, they must notify the Service Provider through the provided contact information.
7.23.2. The Consumer exercises the right of withdrawal within the deadline if they send their withdrawal statement before the 14-day period expires. In the case of written withdrawal, sending the withdrawal statement within 14 days is sufficient. In the case of postal notification, the date of posting is considered, while for email or fax notifications, the date of sending the email or fax is considered.
7.23.3. In the event of withdrawal, the Consumer is required to return the ordered product to the Service Provider's address without undue delay, but no later than 14 days from the date of notifying the withdrawal statement. The deadline is considered met if the product is sent before the 14-day period expires (it does not have to arrive within 14 days). The Consumer bears the costs associated with returning the goods due to exercising the right of withdrawal.
7.23.4. However, the Service Provider is not obliged to reimburse the Consumer for any additional costs resulting from the choice of a different delivery method than the cheapest standard delivery method offered by the Service Provider. The Consumer can exercise the right of withdrawal even during the period between the conclusion of the contract and the receipt of the product.
7.23.5. In the case of the sale of multiple items, if the delivery of individual items takes place at different times, the Consumer can exercise the right of withdrawal within 14 days from the receipt of the last item delivered or the last piece in the case of multi-item or multi-piece products.
8.1. The Service Provider shall deliver the ordered products to the address provided by the User during the ordering process.
8.2. The Service Provider aims to deliver the products within a reasonable time after the order has been confirmed. Delivery times may vary based on the shipping method chosen by the User and the destination.
8.3. The User shall be informed about the expected delivery time during the ordering process.
The User is required to promptly report the defect upon its discovery, but no later than within 1 week from the discovery of the defect. However, please note that beyond the two-year statute of limitations from the contract's fulfillment, the User cannot assert warranty claims.
8.4. Against whom can the User assert warranty claims?
The User can assert warranty claims against the Service Provider.
8.5. What are the other conditions for asserting warranty claims?
Within six months from the performance, there are no other conditions for asserting warranty claims beyond reporting the defect, provided that the User can prove that the product or service was provided by the business operating the webshop. However, after six months from the performance, the User is required to prove that the defect recognized by the User already existed at the time of performance.
8.6. In what cases can the User exercise their product warranty right?
In the case of a defect in a movable item (product), the User may, at their choice, assert warranty claims or product warranty claims.
8.7. What rights does the User have based on product warranty claims? As a product warranty claim, the User can only request the repair or replacement of the defective product.
8.8. In what cases is the product considered defective?
The product is considered defective if it does not meet the quality requirements in force at the time of placing on the market, or if it does not have the properties specified in the manufacturer's description.
8.9. Within what timeframe can the User assert their product warranty claim?
The User can assert their product warranty claim within two years from the date of the product's introduction to the market by the manufacturer. After this period, this right expires.
8.10. Against whom and under what other conditions can the User assert their product warranty claim?
The User can assert their product warranty claim only against the manufacturer or distributor of the movable item. In the case of asserting a product warranty claim, the User is required to provide proof of the defect.
8.11. Under what circumstances is the manufacturer (distributor) exempt from product warranty obligations?
The manufacturer (distributor) is only exempt from its product warranty obligations if it can prove that:
the product was not manufactured or placed on the market in the course of its business activities, or
the defect was not detectable at the time of placing on the market according to the state of science and technology, or
the defect of the product resulted from the application of a legal or mandatory official regulation. It is sufficient for the manufacturer (distributor) to prove one reason for exemption.
Please note that for the same defect, warranty and product warranty claims cannot be asserted simultaneously. However, in the case of successfully asserting a product warranty claim, the User can assert their warranty claim against the manufacturer for the replaced product or repaired part.
8.12. In what cases can a consumer exercise their warranty right?
In case of defective performance, according to Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain durable consumer goods, the Service Provider is obligated to provide a warranty if the User qualifies as a consumer.
8.13. What rights and within what timeframe does the consumer have under warranty?
The warranty period is one year. The warranty period begins with the transfer of the durable consumer goods to the consumer, or if the installation is carried out by the distributor or its agent, on the day of installation.
Based on a warranty claim, the consumer may, at their choice:
(a) request repair or replacement, unless the chosen warranty remedy is impossible or would result in disproportionate additional costs for the obligor compared to another warranty remedy, taking into account the value of the service in a defect-free condition, the seriousness of the breach of contract, and the detriment caused to the consumer by the fulfillment of the warranty claim; or
(b) request a proportionate reduction in consideration or repair at the obligor's expense, or can repair or have it repaired by someone else at the obligor's expense, or may withdraw from the contract if the obligor has not undertaken the repair or replacement. There is no place for withdrawal in the case of a minor defect.
Repair or replacement must be carried out within a reasonable period, taking into account the nature of the item and the legitimate interests of the consumer.
8.14. Under what circumstances is the business exempt from warranty obligations?
The Service Provider is only exempt from its warranty obligations if it can prove that the cause of the defect occurred after performance. Please note that for the same defect, warranty and warranty claims, product warranty and warranty claims, or warranty and product warranty claims cannot be asserted simultaneously. However, other than that, as a consumer, you have rights arising from warranty and product warranty independently of each other.
8.15. The Service Provider is not liable for damages resulting from natural wear and tear after the warranty period (the professionally expected lifespan).
8.16. Furthermore, the Service Provider is not liable for damages resulting from improper or negligent handling after the transfer of the risk, excessive use, deviations from the intended use, or other effects not specified for the products.
8.17. If the consumer asserts a replacement request within three working days due to the malfunction of the consumer product from the purchase (installation), the Service Provider is obligated to replace the consumer product, provided that the malfunction prevents normal use.
9.1. The Service Provider provides a warranty for the products in accordance with the applicable Hungarian laws.
9.2. In the event of a product defect, the User may exercise their warranty rights in accordance with the Hungarian Civil Code.
9.3. Costs Related to Warranty Obligation
The costs related to the performance of the warranty obligation shall be borne by the Service Provider (Civil Code, Section 6:166).
9.4. Record of Warranty or Guarantee Claim
The Service Provider is required to record a warranty or guarantee claim made by the consumer.
9.5. Immediate Availability of Record
A copy of the record must be made immediately available to the consumer in a verifiable manner.
9.6. Notification of Feasibility
If, at the time of the consumer's notification, the Service Provider cannot express an opinion on the feasibility of the consumer's warranty or guarantee claim, within five working days, in a verifiable manner, they are obligated to inform the consumer about their position, including the reasons for rejecting the claim and the possibility of turning to a conciliation body.
9.7. Record Retention
The Service Provider must retain the record for three years from the date of its creation and present it to the supervisory authority upon request.
9.8. Timely Repair or Replacement
The Service Provider should strive to carry out the repair or replacement within a maximum of fifteen days.
10.1. The Service Provider handles the personal data provided by the User in accordance with the applicable data protection laws and its Data Processing Information, which is available on the website.
10.2. Validity and Severability
If any part of this Regulation becomes invalid, illegal, or unenforceable, it does not affect the validity, legality, or enforceability of the remaining parts.
10.3. Waiver of Rights
If the Service Provider does not exercise its rights under this Regulation, the failure to exercise such rights shall not be considered a waiver of those rights. Any waiver of rights can only be valid when made in a specific written statement. The fact that the Service Provider does not insist on strict compliance with any essential condition or provision of this Regulation on one occasion does not imply a waiver of the Service Provider's right to insist on strict compliance with that condition or provision in the future.
10.4. Dispute Resolution
The Service Provider and the User will attempt to resolve their disputes through peaceful means.
11.1. Limitation of liability: The Service Provider is not liable for any indirect, consequential, or incidental damages, including loss of profit, arising from the use of the Website or the purchase of products.
11.2. Maximum liability: The Service Provider's maximum liability for any direct damages resulting from the use of the Website or the purchase of products is limited to the total purchase price paid by the User.
11.3. Handling of Written Complaints
11.3.1. The Service Provider will respond to written complaints within 30 days in writing. The Service Provider will provide reasons for rejecting the complaint. The Service Provider will keep a record of the complaint and a copy of the response for five years and will present it to the supervisory authorities upon their request.
11.4. Notification of Options in Case of Complaint Rejection
11.4.1. Please be informed that in case your complaint is rejected, you have the option to initiate proceedings before an authority or conciliation body, as follows:
11.5. Consumer Complaints to the Consumer Protection Authority:
According to Government Decree 387/2016 (XII. 2.) on the designation of the consumer protection authority, in administrative matters, the district office or the district office based on the county seat shall have first-instance jurisdiction, and in matters of national jurisdiction, the Pest County Government Office shall have jurisdiction. Contact details for the district offices can be found at: http://jarasinfo.gov.hu
11.6. Consumer Access to Conciliation Bodies in Case of Complaint:
In the event of a complaint, consumers have the option to turn to conciliation
11.7. Jurisdiction of the Conciliation Body
The conciliation body has the authority to settle consumer disputes outside of court proceedings. Its task is to attempt to reach an agreement between the parties for the purpose of resolving consumer disputes. In case of failure to reach an agreement, the conciliation body shall make a decision in the matter to ensure the simple, fast, efficient, and cost-effective enforcement of consumer rights. At the request of the consumer or the Service Provider, the conciliation body shall provide advice regarding the rights of the consumer and the obligations imposed on the consumer.
11.8. Cross-Border Consumer Disputes in Connection with Online Sales or Online Service Contracts
In the case of cross-border consumer disputes related to online sales or online service contracts, only the conciliation body operating alongside the Budapest Chamber of Commerce and Industry shall have jurisdiction over the proceedings.
11.9. Utilization of the EU Online Dispute Resolution Platform
In case of a complaint by the Consumer, the Consumer may use the EU Online Dispute Resolution platform. Using the platform requires a simple registration in the system of the European Commission, by clicking here. After registration, the consumer can submit their complaint through the online platform, the address of which is: http://ec.europa.eu/odr
11.10. Obligation of the Service Provider in Conciliation Body Proceedings
The Service Provider is obliged to cooperate in the conciliation body proceedings. In this context, it must submit its response to the conciliation body and ensure the participation of the person authorized to negotiate an agreement at the hearing. If the business is registered in a county other than the one where the chamber operating the territorial conciliation body is located, the business's obligation to cooperate extends to offering the possibility of written agreement in accordance with the consumer's request.
12.1. Our store's aim is to fulfill all orders with appropriate quality to the complete satisfaction of the customer. If the User has any complaints related to the contract or its execution, these complaints can be communicated through the above-mentioned email address or by postal mail.
12.2. The Service Provider shall promptly investigate and, if necessary, remedy oral complaints. If the customer disagrees with the complaint resolution or immediate investigation is not possible, the Service Provider shall promptly record the complaint and its position on it and provide a copy of the record to the customer.
12.3. Written complaints shall be responded to in writing by the Service Provider within 30 days. The Service Provider shall provide reasons for rejecting the complaint. The Service Provider shall retain a record of the complaint and a copy of the response for five years and present it to the supervisory authorities upon request.
12.4. Please be informed that if your complaint is rejected, you have the option to initiate proceedings with an authority or conciliation body, as follows:
12.5. The Consumer may lodge a complaint with the consumer protection authority: According to Government Decree 387/2016 (XII. 2.) on the designation of the consumer protection authority, in administrative matters, the district office or the district office based in the county seat shall act as the first instance, with national jurisdiction as the second instance. The contact information for the district offices can be found at: Territorial administrative bodies of the government with general competence.
12.6. If the consumer does not turn to the conciliation body, or if the procedure does not result in a resolution, the consumer has the option to turn to the court to settle the dispute. The lawsuit must be initiated by a statement of claim, in which the following information must be provided:
The court that has jurisdiction,
The names, addresses, and legal status of the parties and their representatives,
The right to be asserted, with a presentation of the facts underlying it and their evidence,
Data from which the jurisdiction and competence of the court can be determined,
A specific request for the court's decision.
The statement of claim must include the document or a copy of it to which the consumer refers as evidence.
12.7. The conciliation board has the competence to settle consumer disputes outside of court proceedings. Its task is to attempt to reach an agreement between the parties for the purpose of settling the consumer dispute. In the event of its failure, the conciliation board shall make a decision in the matter to ensure the simple, fast, efficient, and cost-effective enforcement of consumer rights. Upon the request of the consumer or the Service Provider, the conciliation board shall provide advice on the rights of the consumer and the obligations of the consumer.
12.8. In the case of cross-border consumer disputes related to online sales or online service contracts, the conciliation board operating alongside the Budapest Chamber of Commerce and Industry shall have exclusive jurisdiction.
12.9. In the event of a consumer complaint, the Consumer may use the EU Online Dispute Resolution platform. Using the platform requires a simple registration in the European Commission's system, which can be done by clicking here. Subsequently, after logging in, the consumer can submit their complaint through the online platform, which can be found at the following address: Online Dispute Resolution | European Commission
Online Dispute Resolution | European Commission
12.10. The Service Provider has an obligation to cooperate in the conciliation board proceedings. In this regard, it is obliged to submit its response to the conciliation board and ensure the participation of the person authorized to create an agreement at the hearing. If the business is registered in a county other than the one where the chamber operating the conciliation board with territorial jurisdiction is located, the obligation of cooperation of the business extends to offering the possibility of written agreement in accordance with the consumer's request.
12.11. If the consumer does not turn to the conciliation board or if the procedure does not yield results, the consumer has the option to bring the dispute to court to settle it. The lawsuit must be initiated by a statement of claim, which should include the following information:
The competent court.
The names, addresses, and statuses of the parties and their representatives.
The right to be enforced, along with the facts underlying it and evidence thereof.
Information from which the jurisdiction and competence of the court can be determined.
A specific request for the court's decision.
The statement of claim must be accompanied by the document or its copy to which it refers as evidence.
13.1. These Terms and Conditions and the legal relationship between the parties shall be governed by Hungarian law.
13.2. Any disputes arising from or in connection with these Terms and Conditions or the legal relationship between the parties shall be subject to the exclusive jurisdiction of the Hungarian courts.
14.1. The products available in the Online Store can also be ordered or purchased outside of the Online Store using the following methods: By phone at the number +36 70 638 3411, from Monday to Friday between 9 AM and 5 PM, and on Saturdays from 10 AM to 1 PM. In person, at the NailShop stores: Nail Shop Bt. - Budapest Nail Salon Address: 1135 Budapest, Frangepán u. 71/A. Phone: +36 70 638 3411 Opening Hours: Monday - Friday 09:00 AM - 05:30 PM Saturday 10:00 AM - 01:00 PM
14.2. Products can be purchased in person at the distributor's store, the NailShop store, free from delivery and packaging costs.
Debrecen, March 1, 2018.
The NAIL SHOP Commercial and Service General Partnership (4225 Debrecen, Tócós Street 5, company registration number: 09 06 013531, tax number: 22101594-2-09) (hereinafter referred to as the "Service Provider," data controller) hereby complies with the following information.
Regarding the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and the repeal of Regulation (EC) No 95/46/EC (General Data Protection Regulation) by the EUROPEAN PARLIAMENT AND THE COUNCIL (EU) 2016/679 REGULATION (April 27, 2016), the following information is provided.
This data processing information regulates the data processing on the following pages: https://www.diamondnails.eu
The data processing information is available at the following address: https://www.diamondnails.eu/shop_help.php?tab=terms
Any changes to this information will come into effect upon publication at the above address.
Name: NAIL SHOP Commercial and Service General Partnership Registered Office: 4225 Debrecen, Tócós Street 5. Email: [email protected] Phone: +36 70 904 2301 DEFINITIONS "Personal data": Any information relating to an identified or identifiable natural person ("data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
"Data processing": Any operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction.
"Data controller": The natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
"Processor": A natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
"Recipient": A natural or legal person, public authority, agency, or another body to whom the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
"Consent of the data subject": Any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
"Personal data breach": A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.
Personal data must be:
Processed lawfully, fairly, and in a transparent manner in relation to the data subject ("lawfulness, fairness, and transparency").
Collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes shall not be considered incompatible with the initial purposes ("purpose limitation").
Adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed ("data minimization").
Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified ("accuracy").
Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to the implementation of the appropriate technical and organizational measures required by the Regulation in order to safeguard the rights and freedoms of the data subject ("storage limitation").
Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures ("integrity and confidentiality").
The data controller is responsible for ensuring compliance with the above principles and must be able to demonstrate such compliance ("accountability").
Data Processing Related to the Operation of the Online Store
The fact of data collection, the scope of processed data, and the purpose of data processing: Personal Data Purpose of Data Processing User name Identification, enabling registration. Password Securing safe access to the user account. First and last name Required for communication, purchase, and issuing regular invoices. Email address Contact. Phone number Contact, more efficient coordination of invoicing or delivery-related questions. Billing name and address Issuing regular invoices, creating, defining, modifying, monitoring the fulfillment of contracts, billing related fees, and asserting related claims. Shipping name and address Enabling home delivery. Date of purchase/registration Execution of technical operation. IP address at the time of purchase/registration Execution of technical operation. For both the username and email address, it is not necessary to contain personal data.
Scope of individuals affected: All individuals registered/shopping on the webshop website. Duration of data processing, deadline for data deletion: Immediately upon deletion of registration, except in the case of accounting documents. According to Section 169 (2) of Act C of 2000 on Accounting, these data must be kept for 8 years. Accounting records directly and indirectly supporting accounting records (including general ledger accounts, analytical, or detailed records) must be kept in a legible form, searchable based on references in accounting entries for at least 8 years. Persons authorized to access the data: Personal data may be processed by the sales and marketing staff of the data controller, in accordance with the above principles. Description of data subject rights related to data processing: The data subject may request from the data controller access to, rectification, erasure, or restriction of processing of their personal data, and may object to the processing of personal data concerning them, and has the right to data portability, as well as the right to withdraw consent at any time. The data subject can initiate access to personal data, erasure, modification, or restriction of processing, data portability, and objections to data processing in the following ways: by mail to 5 Tócós Street, Debrecen, 4225, Hungary, by email at [email protected], by phone at +36 70 904 2301. Legal basis for data processing: consent of the data subject, Article 6 (1) (a), Section 5 (1) of the Infotv., and Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (hereinafter: Elker tv.) Section 13/A (3):
The service provider may process personal data necessary for the provision of the service, which are technically indispensable for the provision of the service. In cases where the other conditions are met, the service provider must choose and operate the tools used in the provision of information society services in such a way that personal data is processed only if it is absolutely necessary for the provision of the service and for the fulfillment of the other purposes specified in this Act, but even in this case, only to the extent necessary and for the time being. Please note that: data processing is based on your consent, you are obliged to provide personal data in order for us to process your order, failure to provide data will result in us not being able to process your order.
Activities provided by the data processor: Product delivery, transportation Name and contact information of the data processor: GLS General Logistics Systems Hungary Csomag-Logisztikai Kft. 2351 Alsónémedi, Európa u. 2. [email protected] Phone: +36 1 802 0265 GLS data protection policy The fact of data processing, the scope of processed data: Shipping name, shipping address, phone number, email address. Scope of individuals affected: All individuals requesting home delivery. Purpose of data processing: Delivery of the ordered product. Duration of data processing, deadline for data deletion: Until the completion of home delivery. Legal basis for data processing: User's consent, Article 6 (1) (a), Section 5 (1) of the Infotv.
Activities provided by the data processor: Online payment Name and contact information of the data processor: Barion Payment Zrt. License number: H-EN-I-1064/2013 Institutional identification: 14859034 Phone: + 36 1 464 70 99 Email: [email protected] Terms and Conditions: Barion General Terms and Conditions The fact of data processing, the scope of processed data: Billing name, billing address, email address. Scope of individuals affected: All individuals requesting online purchases. Purpose of data processing: Execution of online payment, confirmation of transactions, and fraud monitoring for user protection. Duration of data processing, deadline for data deletion: Until the completion of online payment. Legal basis for data processing: User's consent, Article 6 (1) (a), Section 5 (1) of the Infotv.
Activities provided by the data processor: Customer service Name and contact information of the data processor: Comtrust Bt. Website: www.comtrust.hu Phone: +36 70 904 2301 Email: [email protected] The fact of data processing, the scope of processed data: First and last name, email address, phone number. Scope of individuals affected: All individuals who contact customer service. Purpose of data processing: Providing customer service, answering questions, resolving issues. Duration of data processing, deadline for data deletion: Until the issue is resolved or the inquiry is closed. Legal basis for data processing: User's consent, Article 6 (1) (a), Section 5 (1) of the Infotv.
The fact of data collection, the scope of processed data: Registered names on social media platforms such as Facebook / Google+ / Twitter / Pinterest / Youtube / Instagram, and the user's public profile picture. Scope of individuals affected: All individuals who have registered on social media platforms like Facebook / Google+ / Twitter / Pinterest /Youtube / Instagram, and have "liked" the website. Purpose of data processing: Sharing and "liking" certain content elements, products, promotions, or the website itself on social media platforms to promote them. Duration of data processing, deadline for data deletion, and description of data subject rights related to data processing: Information about the source of data, its processing, transfer methods, and legal basis can be found on the respective social media platform where the data is processed. Data processing occurs on social media platforms, so the rules and regulations of these platforms govern the duration, methods, and options for data deletion or modification. Legal basis for data processing: The voluntary consent of the data subject to the processing of their personal data on social media platforms.
If any questions or issues arise for the data subject while using the services provided by the data controller, they can contact the data controller through the methods provided on the website (phone, email, social media, etc.). The data controller deletes emails, messages, phone calls, and other data provided on Facebook or other platforms with the inquirer's name, email address, and other voluntarily provided personal data after a maximum of 2 years from the date of communication. Information about data processing not listed in this notice will be provided at the time of data collection. In cases of exceptional authority requests or requests from other organizations based on legal provisions, the Service Provider is obliged to provide information, disclose, transfer, or make documents available to the requesting party. In such cases, the Service Provider shall disclose personal data only to the extent and to the extent necessary to achieve the purpose of the request, provided that the requesting party has clearly defined the purpose and scope of the data.
The right of access: You have the right to receive feedback from the data controller regarding whether your personal data is being processed, and if such processing is taking place, you have the right to access the personal data and the information listed in the regulation. The right to rectification: You have the right to request the data controller to rectify inaccurate personal data concerning you without undue delay. Taking into account the purposes of the processing, you also have the right to request the completion of incomplete personal data, including by means of providing a supplementary statement. The right to erasure: You have the right to request the data controller to erase personal data concerning you without undue delay, and the data controller is obligated to erase personal data without undue delay in certain circumstances. The right to be forgotten: If the data controller has made personal data public and is obliged to erase it, the data controller shall, taking reasonable steps, including technical measures, inform data processors who process the personal data that you have requested the erasure of any links to, or copy or replication of, such personal data. The right to restriction of processing: You have the right to request the data controller to restrict processing in certain circumstances. The right to data portability: You have the right to receive the personal data concerning you which you have provided to the data controller in a structured, commonly used, and machine-readable format and have the right to transmit those data to another data controller without hindrance from the data controller to which the personal data have been provided. The right to object: You have the right to object to the processing of your personal data, including profiling based on those provisions. Right to object to direct marketing: If personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, including profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data may no longer be processed for such purposes. Automated individual decision-making, including profiling: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. The preceding paragraph shall not apply if the decision: is necessary for entering into, or performance of, a contract between you and the data controller; is authorized by Union or Member State law to which the data controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or is based on your explicit consent.
The data controller shall respond to you without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The data controller shall inform you of any such extension within one month of receipt of the request. If the data controller does not take action on your request, the data controller shall inform you without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.
The data controller and the data processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including, inter alia: the pseudonymization and encryption of personal data; the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services; the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; a process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
In the case of a personal data breach, the data controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay.
During the preparation of this notice, we took into account the following regulations: Regulation (EU) 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 Directive 95/46/EC (General Data Protection Regulation). Act CXII of 2011 on Informational Self-Determination and Freedom of Information (hereinafter referred to as the "Info Act"). Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (especially Section 13/A). Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers. Act XLVIII of 2008 on the Fundamental Conditions and Certain Limitations of Commercial Advertising (especially Section 6). Act XC of 2005 on the Freedom of Electronic Information. Act C of 2003 on Electronic Communications (particularly Section 155). Opinion 16/2011 on EASA/IAB Recommendations for Self-Regulation in Online Behavioral Advertising. Recommendations of the National Authority for Data Protection and Freedom of Information on the Requirements of Prior Information. Regulation (EU) 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 Directive 95/46/EC.
Debrecen, May 23, 2018.