These General Terms and Conditions (“GTC”) apply to BabyFace.pics (Headquarters: Hungary 1031 Budapest, Nánási út 75-77. 532.; Tax No.: 71701646-1-41), (hereinafter referred to as “Service Provider”), (hereinafter referred to as “Service Provider”), for the use of the webshop on its website and subdomains (hereinafter referred to as “Website”). By reading these GTC or by visiting the website maintained by the Operator, the user accepts the terms and conditions of these GTC.
This document is not filed, is written in Hungarian (and has been translated into all languages used by the site) and in Hungarian, is concluded in electronic form only (it does not constitute a written contract), and does not refer to a code of conduct.
Name of service provider: Szabolcs Tamás Garab
Headquarters: Hungary 1031 Budapest, Nánási út 75-77. C ép. 532.
E-mail address: info@babyface.pics
Bank account: HU71103000021302798600014902
Tax identification number: 71701646-1-41
Name of registering authority: Magyarország Cégbírósága
Name, address, e-mail address of the hosting provider: Kore6 Developement Kft, 1134 Budapest, Lehel utca 17. II. floor door 6A.
Server location: Budapest, Hungary
2.1 Issues not covered by these Rules and the interpretation of these Rules shall be governed by Hungarian law, in particular by Act V of 2013 on the Civil Code (“Civil Code”) and the relevant provisions of Act CVIII of 2001 on certain issues of electronic commerce services and information society services. The mandatory provisions of the relevant legislation shall apply to the parties without any specific stipulation.
2.2 These GTC apply from 01.04.2024 for orders and purchases made in the webshop between the Service Provider and the Customer (hereinafter referred to as the Customer/User/Consumer), they are not applicable to previously concluded contracts and are valid until revoked. By purchasing and ordering on the Website, the User unconditionally accepts the terms and conditions read herein. The Buyer acknowledges that as a consequence of the completed and paid order, a contract of sale and delivery is concluded between him and the Seller for the ordered service. The contract is concluded upon payment of the order and terminates upon contractual performance by the Supplier.
2.3 Relevant legislation:
Act V of 2013 on the Civil Code (hereinafter: Civil Code),
Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (hereinafter referred to as the Electronic Commerce Act),
Act CLV of 1997 on Consumer Protection,
Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers,
Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information,
Government Decree 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses,
NGM Decree 19/2014 (IV. 29.) on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business.
2.4 By accessing the website of the webshop operated by the Service Provider or by reading its content in any way, even if the User is not a registered user of the webshop, the User acknowledges that the provisions of the Regulations are binding on him/her. If the User does not accept the Terms and Conditions, he/she is not entitled to make a purchase in the webshop.
2.5 The Service Provider reserves all rights with respect to the webshop website, any part thereof and the content displayed thereon, as well as the distribution of the website. The downloading, electronic storage, processing and sale of the contents of the webshop website or any part thereof without the written consent of the Service Provider is prohibited. For breach of the above obligations, unauthorised acquisition, storage and/or use of content, such as images, descriptions, graphics, the Service Provider will charge a usage/royalty fee and, if necessary, take legal action.
2.6 The service provider excludes all aesthetic, medical (anatomical) and civil liability, in particular liability for damages, due to the artistic nature of the product provided.
Customer (Consumer/Customer): a consumer as defined in the Civil Code;
Enterprise (Service Provider): an enterprise as defined in the Civil Code;
Product: realistic fetal portrait based on ultrasound images
Company: when this policy refers to “Company”, “we”, “us” or “our”, it refers to Babyface, which is the company located at the headquarters of the service provider and is responsible for your data under the Privacy Policy.
Country: where BabyFace or the owners/founders of BabyFace are based, in this case Budapest, Hungary.
Customer: a company, organisation or person who registers to use BabyFace’s services to manage relationships with its customers or users of its services.
Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only to conclude the contract;
Device for remote communication: a device that enables the parties to make a contractual statement in their absence for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in the press with order forms, catalogues, telephones, faxes and Internet access devices;
4.1 BabyFace is concerned about the protection of personal data and therefore processes the personal data provided to it in accordance with the applicable data protection legislation. BabyFace shall provide detailed information on its data processing activities in connection with these GTCs in the Data Processing Policy adopted at the time of ordering. The Customer expressly consents to the processing by BabyFace of the data provided during the use of the Website for the purposes set out in the Privacy Policy.
4.2 The images uploaded by the User will be stored by the Service Provider for a short time, only until the realistic image is created, after which they will be deleted. The realistic image will be deleted on the 8th day after its completion. If the date of creation and the date of posting are not the same, the realistic image will be deleted on the 8th day after the date of posting.
5.1. Data processing: The Data Subject has given his/her consent to the Data Controller sending the newsletter to the email address provided by the Data Subject during the registration (subscription to the newsletter) on the BabyFace website. The legal basis for the processing is the consent of the Data Subject.
5.2 Purpose of processing: sending newsletters prepared by the Data Controller to the Data Subject. The subject of the newsletters is the Controller’s services, programs, news, and attention-grabbing offers.
5.3 Duration of processing: the Data Controller processes the personal data processed in connection with the sending of the newsletter until the Data Subject’s consent is withdrawn (unsubscribe) or the data is deleted at the Data Subject’s request.
5.4. Method of data storage: the Data Controller manages the data received through the online interface in a separate data management list in the IT system. It is stored in a secure place managed by the Data Subject for the purpose of sending the newsletter. The Data Controller guarantees that no unauthorized persons have access to the personal data stored either in the IT system or on paper.
5.5 Data controllers: IT team leader, IT service provider, and its staff, communication staff.
6.1 The User is obliged to provide his/her own real data during the purchase/registration. In the event of false data or data that can be linked to another person provided during purchase/registration, the resulting electronic contract shall be null and void. The Service Provider excludes its liability if the User uses its services in the name of another person and with the data of another person.
6.2.The Service Provider shall not be liable for any delay or other problems or errors caused by the User’s incorrect and/or inaccurate data.
7.1 The products displayed can only be purchased online. The prices displayed for the products are in HUF and include VAT as provided by law (gross values).
7.2 In the webshop, the Service Provider shall indicate the name, description and details of the product in detail.
7.3 The Service Provider shall provide information about any promotions, discounts, their conditions and exact duration on its website.
7.4 If, despite all the care taken by the Service Provider, an incorrect price is displayed on the Webshop’s interface, in particular, but not exclusively, a price of “0” Ft or “1” Ft that is obviously incorrect, e.g. significantly different from the generally accepted or estimated price of the product, or that is due to a system error, the Service Provider is not obliged to deliver the product at the incorrect price, but may offer to deliver the product at the correct price. In the knowledge of this, the Customer may withdraw from the purchase without obligation. In the case of an incorrect price, there is a striking discrepancy in value between the true price of the product and the price indicated, which the average consumer should be able to detect immediately.
7.5 The content sent by the service provider may be freely published by the client without altering the work. The work provided may be published in an altered (revised) form only with the prior permission of the service provider.
In the case of published content, the source of the provider must be indicated. Source attribution on the product cannot be altered or obscured.
7.6 The use of the content sent by the service provider for a fee, in particular the commercialisation and public display of the content, may only take place on the basis of a prior agreement between the parties.
The service provider undertakes to publish the commissioned work exclusively to the customer.
8.1 Through the babyface.pics website, the Customer may place an Order electronically by adding the selected Product(s) to the Shopping Cart, providing the shipping and billing information required to complete the Order and selecting the payment method. Placing Product(s) in the Cart does not constitute finalisation of the Order.
8.2. The current contents of the shopping cart can be viewed by clicking on the icon in the top right corner, it can be checked and modified until the purchase is closed. If the Customer wishes to add more products to the cart, he/she will return to the previous page. If you do not wish to purchase any further products, you can check the number of items you wish to purchase. Click on the “Delete – X” icon to delete the contents of the basket. Clicking on “Proceed to checkout” will take you to the check-out page, where you can select the payment method, enter your personal details and check your order.
8.3. Optional payment methods on babyface.pics:
Payment by credit card: VISA, MASTERCARD, AMERICAN EXPRESS, ApplePay, GooglePay.
8.3.1. Optional delivery methods and costs:
Electronically: after the successful payment, the Service Provider sends the product to the Customer’s e-mail address in the form of an electronic document.
8.4 In the event of errors or omissions in the products or prices in the webshop, the Service Provider reserves the right to correct them. In such a case, the Service Provider shall inform the User of the new, correct data after the error has been detected or corrected. The User may then confirm the order once again or either party may withdraw from the contract.
8.5 The invoice amount payable will include all costs based on the order summary and confirmation letter.
8.6.After entering the data, the User can click on the “Order” button to send his order, but before that he can check the data once again, send comments on his order or send an e-mail to the Service Provider with any other comments related to the order.
8.7. Correction of data entry errors: the User can always go back to the previous stage before the order process is completed, where he/she can correct the data entered, and can also make changes to any personal data that may have changed at a later stage after registration (except for the e-mail address provided at registration).
8.8 The Customer will receive a confirmation by e-mail after sending the order. If this confirmation is not received by the Customer within a reasonable period of time, depending on the nature of the service, but no later than 72 hours after the Customer’s order has been sent, the Customer shall be released from the obligation to make an offer or contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes available to the latter. The Service Provider excludes its liability if the confirmation is not received in time because the User has entered an incorrect e-mail address during registration, the storage space of his account is full, the message is sent to a SPAM folder or other reasons that may affect the User’s person or the order.
any problems or anomalies that arise because of an obstacle in the operation of the IT system used by the user.
8.9.The Customer acknowledges that due to the peculiarities of the Internet, the continuous operation of the system may be interrupted despite the Operator’s prior knowledge and intention. Accordingly, the Operator does not guarantee the fault-free and uninterrupted operation of the service and the website, or that access to the service will be uninterrupted or error-free.
9.1 The Service Provider reserves the right to reject orders already confirmed in whole or in part. Partial fulfilment may only take place after agreement with the Customer. In the unexpected event that the Service Provider is unable to contact the Customer by email or telephone to agree on partial fulfilment of the order, but the Service Provider is unable to fulfil the order in full, the price of the missing product – which will not be dispatched – will be deducted from the invoice.
9.2 After the payment, the Service Provider will send a confirmation email about the purchased product, quantity and other information about the service (expected delivery date, etc.) to the email address provided at the time of purchase.
9.3 The service provider will send the completed image by e-mail.
The provisions of this section apply only to those who purchase a product and are the recipient of a commercial communication or offer.
10.1 Any individual content provided by the babyface.pics portal operated by the company is considered an individual work of art, created taking into account the data and instructions provided by the consumer, therefore, according to the detailed rules of contracts between consumers and businesses, the consumer has no right of withdrawal after the order, pursuant to Article 29 (1) c) and m) of Government Decree 45/2014 (26.II.).
10.2 Government Decree No.45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses is available here:
https://net.jogtar.hu/jr/gen/hjegy_doc.cgi?docid=A1400045.KOR
10.3 Directive 2011/83/EU of the European Parliament and of the Council is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:304:0064:0088:hu:PDF
10.4 The Consumer shall not bear the costs defined in Article 27 of Government Decree 45/2014.
10.5 The Consumer may exercise his right of withdrawal by using the model declaration provided in the Government Regulation or by sending a clear declaration to the Service Provider by e-mail or by post. The declaration must clearly indicate the Consumer’s intention to withdraw.
11.1 The Buyer acknowledges that they are responsible for the following:
a) provide correct and truthful personal data when registering
11.2 The Customer agrees to indemnify and hold harmless BabyFace and its owners, officers, contractors and employees (Indemnified Parties) from and against any and all claims, losses or damages caused by the Indemnifying Party in connection with any act or omission in connection with the Services.
12.1 Nothing in this clause 8 shall exclude, limit or modify any terms, conditions or warranties or exclude, limit or modify BabyFace’s liability under law or regulation. Limitations and exclusions apply only to the extent that BabyFace may lawfully
12.2 The service provider excludes all aesthetic, medical (anatomical) and civil liability, in particular liability for damages, arising from the artistic nature of the product provided.
13.1 The Service Provider’s aim is to fulfil all orders in a satisfactory quality and to the Customer’s full satisfaction. If the Customer nevertheless has a complaint about the contract or its performance, he may notify the Service Provider in writing at the e-mail address provided above or by letter.
13.2 The Service Provider shall immediately take a record of the complaint and its position on the complaint, and shall send a copy of the record to the Customer by e-mail together with the substantive reply.
13.3 The Service Provider will reply to the written complaint in writing within 30 days. The Service Provider shall state the reasons for rejecting the complaint. A copy of the reply shall be kept by the Service Provider for 3 years and shall be presented to the supervisory authorities upon request.
13.4. The User may lodge a complaint with the following offices exercising consumer protection powers.
10.6 The Service Provider/Company hereby displays on its website an electronic link to the EU online dispute resolution platform in accordance with Article 14 (1) and (2) of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Consumer Online Dispute Resolution Directive): https://webgate.ec.europa.eu/odr
14.1 As the babyface.pics website is a copyrighted work, it is prohibited to download (reproduce), retransmit to the public, use in any other way, electronically store, process and sell the content of the website or any part thereof without the written consent of the Service Provider.
14.2 Even with written consent, any material from the babyface.pics website and its database may only be reproduced by linking to that website.
14.3 The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names formed with them, as well as its Internet advertising space.
14.4 It is forbidden to adapt or decrypt the content of the babyface.pics website or any part of it; to create user IDs and passwords in an unfair manner; to use any application that allows the babyface.pics website or any part of it to be modified or indexed.
14.5 The User acknowledges that in the event of use without permission, the Service Provider will apply for a notarial web and fact certification, the cost of which will also be charged to the offending user.
Budapets.2024.04.01.
