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Terms and Conditions

General Contractual Conditions
 General Contractual Conditions
The online pass shop available at www.kiwisun.hu is operated by Fox Consulting Kft ('The Provider') using the IT background and software system provided by UniGifter Hungary Kft. The present General Contractual Conditions ('GCC') contain the rights and obligations of the User ('User') using the services provided by UniGifter Hungary Kft. and the Provider via the www.kiwisun.com website. (The Provider and the User: 'The Parties'). The GCC applies to all legal acts and services taking place via the www.kiwisun.com website.

1. THE PROVIDER'S DATA
Name: Fox Consulting Kft.
Company seat: 1139 Budapest, Rozsnyai utca 11.
Business registration number: 01-09-869033
Tax number: 13706555-2-41
E-mail address: info@kiwisun.hu
2. THE PRODUCT
2.1 Digital tanning salon passes may be purchased in the online shop ('Passes') which can be used instead of cash at any of the Provider's partners to purchase tanning salon services.

2.2  The passes are produced exclusively electronically, they do not have any physical form. They can only be exchanged electronically at the Provider's partners having a physical location and/or a online shop.
3. USE OF THE SERVICE
3.1 Shopping at www.kiwisun.hu's online shop may only be done electronically. The Provider does not accept orders placed via telephone, fax, email or letter. Information regarding purchases is also sent electronically by the Provider to the Customers. Registration is not required for purchase, but it makes tracking purchasers easier. By purchasing and registering at the website, the User states that they have noted and accepted the present GCC and the website's Privacy Statement and consent to the data management described in the Privacy Statement. By clicking the „purchase” button the Customer makes an offer which will be confirmed automatically within 24 hours of placing the order. In every case the confirmation contains the value and name of the pass as well as the data of the Customer and the data of the Gift Recipient if the pass is purchased as a gift along with the place where it can be exchanged. If the confirmation is not sent, the Customer is exempt from the obligations of their offer. Before purchase the Customer has the opportunity to modify the data they provided during registration by correcting and confirming the modified data. The language of the contract is Hungarian. The present document is not considered to be a contract concluded in writing, its content is not registered and/or archived and is thus not retroactively available or retrievable. On www.kiwisun.hu the prices are given in Forints and include VAT.

3.3 You pay the nominal value of the Pass to UniGifter Hungary Kft. which amount is then transferred electronically minus the commission to the Provider and the Provider's partner where the Pass will be exchanged.

3.5  The Pass may be used within 0,5 (half) a year after purchase by presenting it and validating it a salon of your choosing. If you wish to use the Pass outside this period of time, we will not be able to transfer the value of the pass to our partner you wish to purchase from nor will we be able to refund it to the person you wish to gift with the pass. Depending on type of Pass you may use it for 12 months after validation at a salon. The use period of the Pass may not be extended. The contract between You and UniGifter Hungary Kft. and the Provider ceases after the available units on the Pass have been used or at latest when the use period is over.

3.6 We offer several different categories of Passes. Before purchase please find information on current categories and their details applying to all salons at www.kiwisun.hu.

3.7 The Provider ensures the exchangeability of the Passes with a contractual relationship with their partners, but this contractual relationship does not effect the operation of the provider's partners, their services or their products.

3.8 If the Pass is not accepted at an establishment of a chosen partner of the provider within the period of use,You may, at your explicit request, choose a Pass with an equivalent nominal value of what has not been used from your current pass to another partner of the Provider. The period of validity of this pass is the same as that of the original pass.

3.9  UniGifter Hungary Kft. and the Provider are not under any contractual obligation as regards the service providable in exchange for the Passes and they have no influence over this, thus, UniGifter Hungary Kft. and the Provider is not responsible for, among other things, the service You used in exchange for the Pass not adhering to legal regulations or to the regulations defined in the contract between You or the Gift Recipient and the provider's partner. In accordance with this, UniGifter Hungary Kft. and the Provider are not under any responsibility of warranty as regards these services, nor do they assume any other obligations regarding them.

3.10 The purchase process:
It is not necessary to register in order to find out all the necessary information about the Passes available on the website and to make a purchase, however, registration makes the trackability of purchases easier. If you register when making your first purchase you will only need to log in to the webshop during further purchases. You can register at www.kiwisun.com. If you provide inaccurate, inappropriate or nonexistent data, or if your email account is overloaded with data and your order is not completed or cannot be completed, UniGifter Hungary Kft. and/or the Provider are not responsible. It is possible to modify the data You have provided. Registration is completed when you enter your data and accept the Privacy Statement. After this, the webshop will send an automatic email message to the email address you have given, by clicking on the link in the message you can verify your email address to the website and and confirm your registration. We inform you that if you do not click the verification link in the system message with 24 hours after receiving it, your registration will be deleted. Registration does not obligate you to purchase nor does it hold any other obligation for you. You can check and freely modify the data you provided during registration at any time by logging into the webshop. Navigate the webshop's menu-system in order to choose the Pass that is right for you. There are no taxes (VAT) or other fees in connection to the nominal values indicated in the webshop. After this you can view and, if you wish, modify the chosen Pass. Before purchase you will have to provide your invoicing data and then you will be referred to the payment interface where you can pay the nominal value of the Pass via online payment with your bank card. You have the opportunity to modify your data during each step of the purchase process before payment. When you place an order you will receive an automatic confirmation from the webshop to the email address you provided during registration/purchase, which also contains your order's data. When the Pass is sent out the webshop will send an automatic confirmation to the email address you provided during registration/purchase, which also contains the data of the Pass that has been sent out.


3.11 UniGifter Hungary Kft.provides an online payment method via bank card for you to pay the nominal value of the Passes with:
UniGifter Hungary Kft. uses Barion Payment Zrt.'s secure payment solution to make payment of the full amount possible via bank card. Before completion of the payment process the webshop navigates you to the secure website through which You can make a payment with your bank card.
4. THE EXCHANGE PROCESS
 In case of purchased or gifted Passes the Provider will send an email regarding the incoming Passes to the email address provided during purchase. Registration is required in order to exchange the Passes. After registration, go through the following steps to exchange the Pass:
1.    Choose the Pass you wish to exchange in your personal account.
2.    Present the barcode of the chosen Pass to the receptionist at the salon of your choosing (on your mobile's screen)
3.   Based on the barcode the receptionist will retrieve (check) the Pass from the system.
4.    If it is a genuine Pass, it will be validated (exchanged) by the receptionist and the exchanged Pass will be valid for 12 months starting then.

5. WITHDRAWAL
5.1  In accordance with Government Regulation 45/2014. (II.26) on the detailed regulations of contracts between consumers and businesses you have the right to withdraw without the obligation to justify your withdrawal (you do not need to provide an explanation).

5.2 Withdrawal is possible within14 (fourteen) days after the contract has been concluded.

5.3 The statement about the withdrawal – which can also be made using the statement template in Supplement 2 of Government Regulation 45/2014 (II. 26.) may be sent to the email addresses of UniGifter Hungary Kft. and the Provider or to the company seat address of UniGifter Hungary Kft. and the Provider,in this case via registered letter with proof of receipt.

5.4 UniGifter Hungary Kft. and the Provider will refund the not yet used nominal value of the Pass you have purchased within 14 days of having been notified of the withdrawal. We inform you that if you paid the amount above via bank card, UniGifter Hungary Kft. will complete your refund by transferring the amount to your bank account.

5.5  Furthermore, we inform you that based on 26.§ of Government Regulation 45/2014 (II. 26.) you are obligated to pay for UniGifter Hungary Kft. and the Provider's reasonable expenses if in the case of 19.§ of the Government Regulation, which states that the consumer requests that the business begin completion of the contract of service provision before the deadline specified in 20. § (2), when you exercise your right to withdrawal after completion has already begun.

5.6  We inform you that 29.§ of Government Regulation 45/2014 (II.26.), referred to below, contains the cases in which You cannot exercise your right of withdrawal.
5.7.  Beyond the content above we would like to inform you of the legal regulations in effect regarding Your right to withdrawal, among them those regulations which do not apply to the Service or cannot be applied to it:
20. § (1) In the cases of off business premises contracts or distance cotracts the consumer is entitled to withdrawal without justification within the time period specified in paragraph (2). In cases of contracts of service provision concluded off busiess premises and distance contracts with the aim of service provision if the statement defined in 13. § or 19. § is made and the completion is subsequently begun, the consumer is entitled to withdrawal without justification within the time period specified in paragraph (2).

(2) In the case of a sales contract the consumer may exercise their right to withdrawal according to Paragraph (1) aa) from the time of sale of the product ab) if there are several products and the products are provided separately at different times, from the time of delivery of the final product ac) in case of a product comprising several items or pieces, at the time when the last item or piece is provided, ad,) the time of first provision in cases where the product is to be provided regularly over a determined period of time or the time specified by the consumer when the product was received by a third person other than the delivery person;
b)  In case of a service provision contract, within fourteen days after conclusion of the contract
(3) The content of Point a) of Paragraph (2) do not effect the consumer's right to also exercise their right of withdrawal described in the paragraph in the period between conclusion of the contract and reception of the product.
 22. § (1) The consumer's right ensured in 20. § may be exercised with a) the statement template in Supplement 2;or b) an unequivocal statement to this effect. (2) The business website may also ensure that the consumer may exercise their right determined in 20. § according to  Paragraph (1). In this case the business must give immediate confirmation via a durable medium that they have received the statement
(3) The right defined in 20. § must be considered exercised within the deadline if the consumer sends their statement within the deadline specified in  20. § (2) and 21. §.
(4) The burden of proof falls on the consumer regarding whether or not they exercised their right defined in 20. § in accordance with the content of the Paragraph.
24. § (1)  If the consumer withdraws from the contract concluded off business premises or the distance contract according to 22. §, they are obligated to send the product back immediately or at latest, within fourteen days after making a statement of withdrawal, or to transfer it to the business or a person authorised by the business to receive the product within this time period, unless the business undertakes to ship the product back themselves. The product is considered to have been sent back in time if the consumer sends the product before the deadline.
(2) The consumer only bears the immediate expenses in connection to sending the product back, except if the business has agreed to cover these expenses.
(3)  If the product was shipped to the consumer at the same time the contract was concluded off business premises, the business will ship the product back at their own expense if it, due to its nature, cannot be sent back via post.
25. §The consumer is only responsible for depreciation beyond use necessary for determining the qualities, characteristics ad function of the product. The consumer is not responsible for depreciation if the business fails to fulfil their obligations specified in Point i) of 11. § (1).
26. § (1)  If in cases according to 13. § and 19. § the consumer withdraws from the off business premises contract or the distance contract, the proportionate amount to be paid by the consumer must be determined based on the full amount of the service fee plus tax. If the consumer can prove that the full amount is too high, the proportionate amount must be determined based on the market value of the services provided up to when the contract was terminated.
(2) When this Paragraph is applied market value is determined as the price of the same service that a business carrying out the same activity charges at the time of conclusion of the contract.
27. § When exercising their right defined in 20. § the consumer does not bear the following expenses:
a) full or partial expenses of completion of the service contract if
aa) if the business failed to fulfil their obligation to inform specified by Points i) or k) of 11. § (1) or
ab) the consumer did not request that completion of the service begin according to 13. § and 19. § before the deadline determined in 20. § (2);
b) full or partial expenses of data content provided via a non-physical medium if
ba) the consumer did not give explicit prior consent that the completion begin before the deadline specified in 20. § (2)
bb)  the consumer when giving the consent according to Point ba) did not simultaneously make a statement that they note that with this consent the lose their right according to 20. §  or
bc) the business failed to give confirmation as specified in 12. § (2) or 18. §.
28. § The consumer bears no expenses or obligations beyond those defined in 23. § (3) and 24-26. § in connection with exercising their right according to 20. §.
29. § (1) The consumer may not exercise their right according to 20. §
a)in case of a service contract after the whole service was completed, if the business began completion with the explicit, prior consent of the consumer and the consumer noted that they lose their right to withdrawal after the whole service is completed;
b) as regards such products or services whose price and fee depends on possible fluctuations of the financial market within the period determined in 20. § (2) that cannot be influenced by the business;
c) in cases of products that are not prefabricated and are produced upon the instruction of the consumer or in cases of products unequivocally personalised to the consumer;
d)as regards perishable products or products that retain their quality for only a short amount of time;
e) as regards products with sealed packaging that cannot be sent back after being opened due to health or hygiene reasons;
f) as regards such products that due to their nature merge with other products after transfer;
g)  in cases of alcoholic beverages whose real value depends on market fluctuation and cannot be influenced by the business and whose price was agreed upon by the parties when concluding the sales contract, however, completion of the contract was only carried more than 30 days after the contract was concluded;
h)  in case of business contracts where the business seeks out the consumer in order to perform urgent repair or maintenance work at the explicit request of the consumer ;
i)as regards sale of sealed-packaging sound or image recordings as well as computer software copies if the consumer opened the packaging after transfer;
j)as regards newspapers, journals and periodicals, with the exception of subscription contracts; k) in cases of contracts concluded at a public auction; l)  with the exception of residential purpose accommodation services, contracts for the provision of accommodations, transportation, passenger vehicle hire, contracts in connection with meal provision/catering services and free-time activities, if the deadline determined in the contract was specified.
m) as regards data content provided via  a non-physical medium, if the business began completion at the explicit, prior consent of the consumer and the consumer simultaneously made a statement that they note that they will lose their right to withdrawal according to 20. § when completion is begun.
(2) In the case defined in Point h)  of Paragraph (1) the right according to 20. § is extended to services and products offered beyond services explicitly requested by the consumer and replacement parts used during maintenance and repair.

6. OTHER PROVISIONS6.1 The website www.kiwisun.hu and its content falls under legal protection. Any related rights can only be practiced by the owner of www.kiwisun.hu. Without written consent from the owner the use, reproduction, modification, dissemination, storage of the website is prohibited. The website www.kiwisun.hu however allows that the content be printed or downloaded for personal use.
6.2 The Provider's system may collect Customer activity data which cannot be connected to data provided by the Customer during registration nor with any data created when using other websites and services.6.3 The Provider is required to send newsletters to the User if the User voluntarily requested this during registration. The Provider is not required to verify the legitimacy of the data provided during registration.6.4 A Any reviews and opinions about the service always reflect the views of customers, the Provider does not take responsibility for their content. The Provider retains the right to delete any comments that are in bad taste, harm business interest or are against the law.6.5 If you have any questions or observations related to the order turn to customer service at info@kiwisun.hu or call +36-70/371-3473 (available between 10:00-17:00 on workdays).6.6 Consumer complaint management is done in written form through customer service at info@kiwisun.hu or +36-70/371-3473.6.7  Any disputes with the Provider (consumer dispute) can be quickly settled out of court using a conciliation body's proceedings. The competent conciliation body based on the Provider's headquarters: Conciliation Body of Budapest, 1016 Budapest, Krisztina boulevard 99. III. floor 310.; mailing address: 1253 Budapest, Pf.:10.6.8. Any issues not regulated within these general contract conditions are to be dealt with according to the 2013. V. law of the Civil Code, the 45/2014 (II.26) law on the detailed regulations on contracts between consumer enterprise, moreover the 2001. CVIII. law on certain issues of services related to electronic commercial service and information society.6.9 These general contract conditions are in effect during the time of purchase. These current general contract conditions and data protection information are available at www.kiwisun.hu without needing to register and can be freely downloaded.6.10 We hereby inform you that if you cannot fulfill the obligations related to service for reasons outside of the jurisdiction of UniGifter Hungary Ltd and the Provider then that does not constitute as a breach of contract. Such force majeure situations include: war, civil uprising, strike, turmoil, natural disasters, fire, explosion, no electricity, cessation of leased lines, emergencies or other unavoidable events. Not performing contractual duties under these events in not in breach of the contract until the duration of these events.6.11 The Provider is entitled to modify the supply, division and menu overlay of the web shop however this cannot effect any confirmed orders.6.12 The Provider may modify the general contract conditions at any time. If modifications are made Provider informs the users via e-mail before the changes take effect. When these changes come into effect the user must accept them when logging in to use the website. Valid: from July 14th 2016. until withdrawal of modification. Its provisions must be used contracts after they have taken effect.
7. VIP Club Conditions of use7.1.    The User subscribes to the VIP Club membership on https://onlineberlet.kiwisun.hu by providing their information, accepting the general contract conditions and pays the first monthly subscription fee via credit card.7.2.    The subscription allows 8 units of discount use for a 30 day period. Units not used up will be lost. After 30 days another 8 units will be available. 7.3.  The subscription can only be used at the store selected at purchase. The subscription fee if it is a first subscription is -33% at the given store for the 8 units.7.4.    During the subscription period the fee is automatically withdrawn from the bank account of the user. The withdrawal is handled by Barion Payment Zrt. 7.5.    The subscription is indefinite and can be canceled at any time. The subscription may be canceled at your personal branch. A new subscription may only be requested after 30 days of the last purchase. 7.6.    If the user cancels then reactivates the subscription then the discount for the 8 unit list is 20%. if the user has been a member for 3 months then from the 4th the discount increases to 33% for the rest of the subscription period.7.7.    If the user cancels the subscription for a second time the reactivates it then the discount for the 8 unit list is 15%. If this subscription is kept for 3 months then from the 4th month the discount increases to 20%. after another 3 months from the 7th month the discount is increased to 33% for the rest of the subscription period. 7.8.    If the user cancels the subscription for a third time or multiple times then  further discounts are as described in point 7.7.

Data protection

1. Newsletter subscription Based on the 1st section of 20th §. of the 2011. CXII. law on freedom of informational determination and freedom of information, we do not check the validity of personal information provided and we do not copy, or examine the personal documents of the user when registering for the newsletter. If you register for the newsletter then you agree to FOX CONSULTING Ltd. (headquarters: 1139 Budapest, Rozsnyai str. 11.; company registry number: 01-09-869033) handling your data and use it for marketing purposes related to kiwisun solarium based on the 95/46/EK directive of the European Parliament and Council. This directive and the 2011. CXII. law on freedom of informational determination and freedom of information, as well as the 2008. XLVIII. law on the basic conditions and limits of economic advertising ensure that users have access to their data and that they may request the deletion of this data .The subscriber may request the deletion of data in writing (in a dated and signed letter addressed to Fox Consulting Ltd. (address: 1139 Budapest, Rozsnyai str. 11.) or at info@kiwisun.hu. The e-mail address provided during registration will only be used for sending newsletters and advertising letters for marketing purposes by Fox Consulting Ltd. based on the 6th §. of the 2008. XLVIII. law on the basic conditions and limits of economic advertising. The data is handled by Fox Consulting Ltd.2. Data protection information for newsletter subscribers.By subscribing the subscriber after receiving the necessary information on information handling agrees to Fox Consulting Ltd. handling their personal data (name, address, sex, Internet address) (henceforth: Personal Data) according to their provisions of  CXII. law on freedom of informational determination and freedom of information (henceforth: Data Protection Law).The person entitled to data handling is the senior officer of Fox Consulting Ltd. Personal Data is available to persons and technical staff involved in the tasks stated above.Fox Consulting Ltd. may provide Personal Data to its trustees (e.g.: franchise partners) or to the relevant authorities according to law.The Personal Data can only be handled within Hungary. Fox Consulting stores this Personal Data until the specified commitment or possible demands dates or until deletion of registration is requested.Personal Data recorded digitally may be copied as a safety precaution. If this copy cannot be deleted or returned then Fox Consulting Ltd. promises to not use or access the data after the data handling process is completed.The Subscriber is to take special care when providing data of third parties during registration to Fox Consulting Ltd. This data transfer is not examined by Fox Consulting Ltd. therefore all responsibility lies with the Subscriber.If the Subscriber does not want their Personal Data used in any of the above mentioned cases then they may request it to be deleted by sending a letter to Fox Consulting Ltd. 1139 Budapest, Rozsnyai utca 11. titled “unsubscribe from newsletter” or by writing an e-mail to info@kiwisun.hu.The Subscriber may ask for the modification of Personal Data.Furthermore Fox Consulting Ltd. provides the opportunity for Subscribers to ask for information on the handling of their data and may ask to make modifications in the data by writing to Fox Consulting Ltd. 1139 Budapest, Rozsnyai utca 11. titled “newsletter data modification” or by writing an e-mail to info@kiwisun.hu.Based on the 21st §. of the Data Protection Law the Subscriber may object to the handling of Personal Data.In the unexpected case that right related to Personal Data are violated the Subscriber may turn to The Hungarian National Authority for Data Protection and Freedom of Information (1125 Budapest, Szilágyi Erzsébet str. 22/C.; telefon: +36-1+391-1400; telefax: +36-1-391-1410; e-mail: ugyfelszolgalat@naih.hu) or the court.Detailed right on data handling and legal remedy options are listed in the 13-17th and 30th chapters of the Data Protection Law.Fox Consulting Ltd. is required to present proof that they comply with the data handling provisions stated in the Data Protection Law.If the Subscriber requests the deletion of their personal data according to the Data Protection Law then personal data will not be available for Fox Consulting Ltd thus the Subscriber won't have the possibility to prove the lawfulness of data handling in the future. With regard to this requests regarding the deletion of personal data the Subscriber declares irrevocably and unconditionally that the Subscriber gives up all rights related to data handling and data processing of their personal data. 3.Data securityThe handler of data must plan and execute the data handling operations in a way that the implementation of rules regarding the actual handling  and law on data handling ensures the protection of the privacy of those involved. The handler as well as the processor of data must have relevant IT background in order to guarantee the protection of data, they provide the necessary technical and operational measures and establish those rules that are related to the procedure necessary for the implementation of law on data handling as well as other rules of data and secret protection.

Data are protected primarily against unauthorized access, modification, forwarding, making it public, deleting, or destruction, as well as unintentional destruction and damage, also against becoming unaccessible due to change in the applied technique.
For the protection of data handled electronically in different data registers adequate technical solution must be applied in order to ensure that data stored in the registers- with the exception if the law allows it-, cannot be directly linked and assigned to those involved.
During the automated process of personal data the handler of data and the processor of data  must ensure with additional measures that

a) no unauthorized registration of data is possible
b) unauthorized person cannot use the automated data processing system with the use of data forwarding device
c) transparency is ensured and the fact, that data have been or will be forwarded  to the authorities and to which authorities is established
d) transparency is ensured and the fact that who and when has registered which personal data in the automated data processing system is established
e) installed systems can be recovered in the case of breakdown
f) errors occuring during the automated processing are recorded
The handler of data as well as the processor of data when establishing the measures aiming at   protecting data must take into consideration how developed the then applied technique.



4. Summary

            a) aim of data handling: sending a newsletter about kiwisun solarium services
            b) the legal basis of data handling: the subscriber's voluntary consent
c) the circle of those involved: consumers subscribing voluntarily in the solarium parlord) registration of data of those involved: name, sex, age, parlous visited, e-mail address
e) source of data: voluntary provision of data by those involved
f) duration of handling of data: until unsubscribing or for a time period defined by law
g) type, addressee of forwarded data as well as the legal basis including forwarding into third countries: no data forwarding takes place
h) the name and address of the handler of data and processor of data, the exact location of the actual data handling and data processing, as well as the activity of the processor of data in relation with data handling: Fox Consulting Ltd. 11 Rozsnyai Street, Budapest 1139, arranging of data based on the different parlors, sending newsletters according to assigned parlous.
i) the nature of the applied data processing technology: computer device
j) in case of employing an internal data protection expert, the person's name and accessibility data: not employed Registration number of data handling is NAIH-101202/2016

Impresszum   ÁSZF   Adatvédelem   1139 Budapest, Rozsnyai utca 11. Telefon/Fax: (06-1) 350-9371 Mobil: (06-70) 371-3473