FREE WORLDWIDE SHIPPING! 1 (800) 674 3288

Terms of Service

TERMS OF SERVICE

TERMS OF SERVICE

 

-----

OVERVIEW

This website is operated by

 

Company name:

Belafonte Ltd.

Registered seat:

Budapest, Hungary

Represented by

Csaba Mózsik

Company reg. no.

 01 09 967532

Registering court

Court of Budapest, Hungary

VAT ID

HU14076215

 

(hereinafter: Athmaas). Throughout the site, the terms “we”, “us” and “our” refer to Athmaas. Athmaas offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have the necessary consent, if needed, from your parent or other supervisor to allow use of this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – PURCHASE VIA THE WEBSITE

 

You can place an order for the products offered for sale on the Website.

Detailed description of the product can be viewed by clicking on the product name or photo. We shall bear no responsibility for any inaccuracies in the product description. Product photos are only illustrative, they may alter from reality. By clicking “Add to cart”, the product will be placed in the Shopping Cart. You can modify the Cart any time.

You shall complete the order form and enter delivery and payment details. 

When clicking “Checkout” in the Cart, you will be taken to the next screen, where the order can be double-checked prior to being sent. At the completion of the order process, the order is finalized, which creates a payment obligation for you. Alternatively, you can return to the Cart and modify the order.

You can correct data entered while placing the order, before sending the order (e.g. deleting a product from the Cart, changing the quantity of a product, or change the delivery details).

 

If you discover an error after the order was placed, you shall contact us for an amendment or cancellation of the order. Cancellation of an erroneous order can be requested by you via sending an e-mail to us from the e-mail address used for registration. If your order has not yet been dispatched, charges will be adjusted, depending on which item you change to. Please note that once your order has been dispatched we can only change or replace the item once it has been returned to us in the original packaging and in brand new condition or if an additional payment is made for the alternative item. Shipping costs for items that have already been dispatched cannot be refunded.

 

Orders are processed by us in an automated system. An automated confirmation e-mail will be sent by us after an order was placed, confirming that the order was accepted by us and a valid agreement is entered into between the parties. The confirmation e-mail shall be deemed to be an official acceptance by us of the purchase offer, and shall create a binding agreement between you and us. If you do no a confirmation e-mail in 48 hours after placing the order, you shall no longer be bound by the order.

 

In the process of placing an order, you may set the Website to register your data for future orders. In such a case, you shall solely be responsible for keeping the login details safe. You agree to keep updating your personal details, as may become necessary.

 

SECTION 4 – PAYMENT AND DELIVERY

 

We accept bank card payment and PayPal as a payment method. Once you reach the payment option during the checkout process you will be able to choose between a debit/credit card or Paypal. Our international payment processor partner, 2checkout.com, is fully integrated with Paypal.

 

You will be taken to the payment via PayPal page. Credit card details or PayPal account details can be entered here to make the payment. Credit card details will be entered on PayPal’s website, so Provider will not have access to them. Credit cards accepted: Visa (including some Electron cards), EC/MC credit and debit cards.

Payment of the purchase price will be settled in USD, therefore subject to potential HUF-EUR currency rate changes.

 

Orders placed through this Website will be delivered via a contracted courier service. Order dispatch and delivery is made in accordance with the courier’s general terms and conditions of service.

Failed deliveries when no one was found at the location will be repeated by the courier. After second failed delivery attempt, the package will be deposited at the post office for a period of 5 days, for your collection in person subject to cash payment. Packages remaining uncollected will be returned to us.

Any damage identified on the product or product packaging during delivery shall be formally recorded by the courier staff, or if a formal record of the damage already exists, shall be completed accordingly. We shall bear no liability for damages discovered after delivery.

Delivery charges are indicated on the Website. From time to time we may offer free delivery, this fact will be indicated on the Website, or at the product page.

 

When placing your order, please allow 1 - 4 business days for processing. Tracking information will be available within 4 - 7 business days from the date of purchase. For all orders within the USA, please allow 2 - 4 weeks for delivery. For all international orders, please allow 3 - 6 weeks for delivery. This timeframe is due to the reason that we have many fulfillment partners all over the world, including U.S.A, Europe and Asia.

 

You (as Consumer) shall be entitled to set a new delivery deadline in cases when we are in delay with delivery. If such new deadline is not met by us, you will be entitled to cancel the purchase order.

 

SECTION 5 – RESCISSION FROM THE ORDER

 

The provisions of this section contain the statutory right to rescission from the order, as required by applicable laws. We may, from time to time, offer excess rights to our users in the Refund Policy or any other temporary or permanent offer made available on the Website. Nothing herein shall be curtailed by any such temporary or permanent offers.

 

The provisions of this section shall solely apply to private individuals buying, ordering, receiving, using, applying goods outside the scope of their normal profession, job or business activity, or being the addressee of commercial communication and offers in relation to the goods (hereinafter the “Consumer”).

Consumer shall be entitled to cancel an order placed within fourteen (14) days upon delivery of the goods to the Consumer or to any third party appointed by Consumer (other than the courier) without reasoning, for the following:

-             a product,

-             if more than one product was ordered, the product last ordered,

-             for serial orders, the last item or product ordered,

-             for regular deliveries, the first order.

Consumer shall be entitled to cancel an order after the order was placed but before delivery was made.

Consumers ordering beauty products shall not be entitled to cancel an order, in cases when the product’s original packaging was opened by Consumer. The right of withdrawal cannot be exercised if the products are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. The Consumer is informed about the inability to withdraw from the contract under the circumstances provided above.

Should the Consumer decide to exercise his cancellation right, an unambiguous cancellation request shall be sent in writing to Provider’s customer service at the contact details provided. Consumer shall be deemed to have sent the cancellation request within the deadline stated, if the request was sent prior to the deadline stated above.

Consumer shall bear the liability to evidence that the right for cancellation was properly exercised within the time period granted.

Provider shall promptly confirm receipt of Consumer’s cancellation request via e-mail in both cases.

Cancellations made in writing shall be considered to be properly made within the deadline if Consumer sent the cancellation request within 14 calendar days (even if on the 14th calendar day) to Provider.

For requests sent by mail, the date on the postal stamp, for requests sent by e-mail, the date and timing recorded on the e-mail will be considered by Provider when reviewing if the cancellation request was sent by the deadline. Cancellation requests shall be sent by registered mail in order to evidence the mailing date.

Upon cancellation, Consumer shall return the product ordered as regulated in the Refund Policy without any unjustified delay, and within 14 days upon the order cancellation. Such deadline shall be deemed to be met if Consumer returned the product (mailed or handed over to a courier service) prior to the expiry of the 14-day deadline.

The cost of product return shall be borne by the Consumer, unless Provider agreed to pay for it. Provider shall bear no responsibility to arrange for or carry out product return, and shall not bear the costs of product return.  Provider shall not accept packages sent with an instruction for the recipient to pay the postal costs. Consumer shall be responsible for no costs other than the cost of product return, in relation to an order cancellation.

Upon order cancellation, we shall return in full all payments made by Consumer for the product by no later than 14 days upon receipt of the Consumer’s cancellation request, including freight (delivery) costs, except for extra charges arising due to the fact the Consumer opted for a delivery method other than the most affordable ordinary delivery method offered by us. We shall be entitled to withhold repayment till product return, or till product return is properly evidenced: out of these two options the earlier date shall be taken into consideration.

Consumer shall be responsible for a value loss in the product in cases such value loss is due to product use for purposes other than to identify the product type, specifications and operation. Accordingly, we shall be entitled to request reimbursement for product value loss due to product use for purposes other than identification of the product type, specifications and operations, and for other reasonable costs arising, to the extent we commenced contractual performance upon Consumer’s explicit request prior to the deadline.

Reimbursement shall be made via the same method as payment for the product was made by Consumer, except for cases when Consumer explicitly agrees to another payment method; Consumer shall bear no extra charges arising out the reimbursement method used.

 

SECTION 6 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 8 - PRODUCTS OR SERVICES (if applicable)

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

 

SECTION 10 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 –WARRANTIES FOR THE PRODUCTS

 

You shall be entitled to enforce accessory warranty against us in cases of defective performance. For Consumer contracts, you shall be entitled to enforce accessory warranty for product failures already existing at the time of product delivery within 2 years upon receipt of the product. Upon lapse of the 2-year deadline, consumer loses the right to enforce such warranty.

For non-consumer contracts, the beneficiary shall be entitled to enforce accessory warranty within 1 year upon product receipt.

You shall be entitled to switch from the warranty you opted for to another type of warranty, provided that the cost of such switch is borne by you, except for cases when such switch was justified or needed due to our actions.

You shall promptly inform us on any product default when discovered, but not later than two months upon discovery of such default.

Within six months after contractual performance the only precondition for you to exercise your right for accessory warranty is our notification, provided that you as Consumer evidenced that the product was purchased from us (by presenting the original invoice or a copy of it). In such cases we shall only be released from the warranty if we are able to evidence that the product default occurred after product delivery. If we are able to evidence that you are responsible for such product default, we shall not be liable to fulfill your warranty claim. After the lapse of six months following contractual performance, you shall bear the liability to evidence that the product default identified already existed at the time of contract performance.

 

You (as Consumer) shall also be entitled to opt for enforcement of a warranty as above or of a product warranty in cases when the product fails to meet the quality requirements in effect at the time of product distribution, or when the product fails to possess the features provided in the product description supplied by the manufacturer.  You shall not be entitled however to enforce both a warranty and a product warranty for the same product default simultaneously and in parallel. However, if product warranty was successfully exercised, you shall be entitled to enforce a warranty again for the replaced product or for the corrected part against the manufacturer.

Product warranty shall solely mean reparation or replacement of the defective product. When enforcing a product warranty, You shall have the liability to evidence the product default.

Product warranty can be enforced within two years upon product distribution by the manufacturer. After this deadline no more claims can be submitted. You shall notify the manufacturer without delay upon discovering a product default. Product defaults reported within two months after they got discovered shall be deemed to be reported without delay. You as Consumer shall have the liability for damages arising out of late notification.

You shall be entitled to enforce product warranty against the manufacturer or distributor (us) of the products.

The manufacturer or distributor (us) can be released from product warranty obligation solely in cases when it managed to evidence the following:

  • the product was manufactured or distributed outside the scope of its normal business operations, or
  • such error was not detectable under the state of science or technology at the time of product distribution, or
  • the product default occurred due to application of law or mandatory authority regulations.

Evidencing one of the above causation is adequate for the manufacturer or distributor (us) to be released from its obligation.

 

SECTION 12 - THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 14 - PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy.

 

SECTION 15 - ERRORS, INACCURACIES, AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 16 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Athmaas, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 18 – INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Athmaas and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 19 – REMEDIES AND DISPUTE RESOLUTION

 

Satisfying your expectations by fulfilling the terms of this agreement is our first and foremost objective.

 

If you have any problem in connection with the content or technical terms of this agreement or its fulfilment, you may file a consumer complaint for the product or against our activities to us. We will provide a detailed reply to any written complaint submitted within 30 days.  The effective date of reply shall be the date when the reply was mailed. If the complaint is refused, we will provide detailed reasoning on such refusal.

 

Beyond regular remedies, in case of consumer disputes relating to online purchase agreements, consumers may resolve their potentially cross-border disputes related to online purchases electronically, by filing a complaint to the EU Online Dispute Resolution platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU  

 

This merely requires the Consumer to register to the online platform accessible at the above URL, fill out a petition, then submit it electronically to the dispute resolution body via the platform. Thereby, consumers can exercise their rights easily despite geographical distances.

 

SECTION 20 – SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 21 – TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 23 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

SECTION 24 - GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hungary.

 

SECTION 25 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 26 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at support@athmaas.com.