GENERAL TERMS AND CONDITIONS
Service Provider’s name:
BrightWhite USA LLC.
Service Provider’s email address:
Service Provider’s address:
1031 Ives Dairy Road, Suite 228-1001 Miami, FL 33179
Company registration number:
Name of authorising authority:
Cosmetic Products Notification Portal (CPNP)
Contact details of authorising authority:
Product Licence number:
General Terms and Conditions
This document will not be filed and will only be executed in an electronic form. The document does not qualify as a written contract, it is drafted in English language, and it does not refer to any code of conduct. We will be available for any questions in connection with the operation of the webshop and the ordering and delivery process at the contact details provided.
The scope of these GTC shall cover the legal relationships taking place on the Service Provider’s website and sub-domains. These GTC will be accessible any time at the following website: http://www.brightwhite.com/gtc, and can be downloaded from the following link: Terms of purchase
- Service Provider’s data:
Service Provider’s name: BrightWhite USA LLC.
Service Provider’s registered office (and place of handling complaints): 1031 Ives Dairy Road, Suite 228-1001 Miami, FL 33179
Service Provider’s contact details, e-mail address used regularly for liaising with users: firstname.lastname@example.org
Company registration number:
Name of authority registering into the registry: Florida Department of State
- Fundamental provisions
1.1 This Policy shall enter into force on 29 April 2016, and shall remain effective until it is revoked. The Service Provider shall be entitled to modify the Policy unilaterally. The Service Provider shall publish the modifications on the websites at least 11 (eleven) days before they take effect. By using the websites, the Users accept to be bound automatically by all regulations relating to the use of the websites.
1.2 By logging in to the webshop website operated by the Service Provider or by reading the content thereof in any manner – including if the User is not a registered user of the webshop –, the User accepts to be bound by the Policy. If the User does not accept the terms, he/she shall not be entitled to view the contents of the webshop.
1.3 The Service Provider reserves all rights as regards the webshop website, any part thereof and any contents displayed thereon, as well as distribution of the website. It is prohibited to download, store electronically, process or sell any contents displayed on the website or any parts thereof without the Service Provider’s written consent.
- Registration / purchasing
2.1 By registering to or making a purchase on the website, the User declares that he/she has acquainted himself/herself with and accepts the terms of these GTC and the Privacy Information published on the website, and that he/she consents to the handling of his/her data.
2.2 The User shall provide his/her own true data when making a purchase or registering. If the data provided at the time of purchase or registration are false or are connected to another person, the electronic contract concluded shall be void. The Service Provider shall bear no liability if the User engages its services on another person’s behalf or using another person’s data.
2.3 The Service Provider shall bear no liability for delays of delivery or other problems or faults originating from data provided faultily and/or inaccurately by the User.
2.4 The Service Provider shall bear no liability for damages arising from the User forgetting his/her password or that the User’s password becomes accessible to unauthorised persons due to any reason not imputable to the Service Provider.
- Scope of products and services available for purchase
3.1 The products displayed may only be ordered online. The prices displayed for the products are in HUF and contain the amount of VAT required by law, but they do not contain the cost of delivery. No separate packaging cost will be charged.
3.2 The Service Provider shall indicate the name and description of each product in detail and display photos thereof in the webshop. The images displayed on the products’ datasheet may differ from reality, and may only be illustrations. We shall bear no liability for any difference between the image displayed in the webshop and the actual appearance of the product.
3.3 If a promotional price is introduced, the Service Provider shall fully inform the Users regarding the promotion and the exact duration thereof.
3.4 If despite the Service Provider’s due diligence, an incorrect price is displayed in the webshop - with particular regard to obviously incorrect prices, such as prices that are significantly different from the product’s commonly known, generally accepted or estimated price or “USD 0” or “USD 1” prices displayed due to an eventual system error -, the Service Provider shall not be obligated to deliver the product at the incorrect price, but may instead offer delivery at the correct price, knowing which the User shall be entitled to withdraw from the order.
3.5 In the case of incorrect prices, there is an obvious disproportion between the product’s actual price and its displayed price, which the average consumer should notice immediately. If the parties are unable to agree as regards the contractual terms, that is, there is no statement expressing the mutual and unanimous will of the parties, there is no validly concluded contract from which rights and obligations could arise. Therefore, purchase orders confirmed at a false/incorrect price shall be deemed to be void contracts.
3.6 No preliminary registration is necessary for browsing the webshop and viewing the products.
3.7 You can browse through the products in the webshop in several manners:
- if you know the name of the product, you can search for it by entering it in the “SEARCH” box,
- the products in the webshop can be viewed assorted into several categories.
- you can sort the products viewed by name (alphabetically) or price.
- Ordering process
4.1 The User logs in to the webshop after registration, or may begin shopping without registering.
4.2 The User specifies the quantity of the product(s) to be purchased.
4.3 The User places the products selected into the cart. The User may view the contents of the cart at any time by clicking on the “cart” icon.
4.4 If the User does not wish to purchase any more products, he/she checks the quantity of the products to be purchased. The contents of the cart can be deleted by clicking on the “delete - X” icon. To finalise the quantity, the User has to click on the “refresh/refresh cart” icon.
4.5 The user selects the shipping address and the method of shipping/payment, which may be any of the following:
- Payment methods:
PayPal: The buyer may pay the value of the purchase order also via the PayPal online payment system.
- Shipping information
6.1 DHL Express World Wide Shipping - 2-6 Business Days*
*All shipping times exclude clearance/customs delays.
6.2 If any fault or deficiency arises at the webshop as regards the products or the prices, we reserve the right to correct it. In such a case, we inform the buyer regarding the new data immediately after we have detected and modified the fault. After that, the buyer may confirm the purchase order again, or any party may withdraw from the contract.
6.3 The payable amount shall include all costs based on the purchase order summary and the confirmation letter. The invoice shall be sent within the package. The User shall inspect the package in the presence of the courier at the time of delivery, and shall request minutes to be drawn up if he/she detects any damage on the product or the packaging. The User shall not be obligated to accept the package if it is damaged. The Service Provider will not accept posterior complaints in the absence of minutes. Packages shall be delivered on business days, between 8 am and 5 pm.
6.4 After providing the data, the User can submit the purchase order by clicking on the “purchase” button. Before that, however, the User may check the data provided one more time, and may indicate comments or notify us in e-mail regarding any wishes he/she may have with in connection with the purchase order.
6.5 Correction of incorrectly entered data: Before finishing the ordering process, the User can return to the previous phase any time to correct the data entered.
6.6 The User will receive an e-mail confirmation after submitting the purchase order. If this confirmation is not delivered to the User within the deadline that can be reasonably expected in the case of services of such nature, but latest within 48 hours from the time when the User submitted the order, the User shall not be bound by the offer anymore, or shall be released from his/her contractual obligations. The purchase order and the confirmation thereof shall be deemed to have been delivered to the Service Provider and the User, respectively, when it becomes accessible. The Service Provider shall not bear any liability regarding the confirmation if the confirmation is not delivered in time due to the fact that the User provided an incorrect e-mail address at the time of registration or cannot receive messages due to the storage space belonging to his/her account being full.
- Taxes, Duties and/or VAT
7.1 There may be Taxes, Duties and/or VAT applied by customs towards your order when, or after delivery is made. These charges are not inclusive of the original shipping charge, and are unable to be paid for, or reimbursed by BrightWhite. If you are unsure of the charges and whether you will be affected, please contact your local customs office.
- Processing purchase orders and performing the sale and purchase
8.1 Purchase orders are processed on business days, during business hours. It is possible to submit a purchase order at times other than those specified for the processing of purchase orders. If a purchase order is submitted outside the business hours, it will be processed on the next day. The Service Provider’s customer service will send electronic confirmation in all cases regarding when it will be possible to perform the purchase order.
8.2 The general deadline for delivery is as follows:
The processing period after receipt of the purchase order is 2-3 business days + DHL shipping (DHL: 2-6 business days)
8.3 Pursuant to the sale and purchase contract, the Service Provider shall be obligated to transfer ownership of the thing, while the User shall pay the purchase price and take over the thing.
8.4 If the seller is an undertaking and the buyer is a consumer, and the seller undertakes to deliver the thing to the buyer, the risk of damage shall pass to the buyer when he/she or the third party appointed by him/her takes the thing into his/her possession. The risk of damage shall pass to the buyer at the time of handover to the shipper if the shipper was commissioned by the buyer, provided that the shipper was not recommended by the seller.
8.5 If the seller is an undertaking and the buyer is a consumer, then unless the parties agree otherwise, the seller (in these GTC, the Service Provider) shall make available the thing to the buyer (User) promptly after conclusion of the contract, but latest within 30 days.
8.6 If the Service Provider falls into default, the User shall be entitled to set an extended deadline. If the seller fails to deliver within this extended deadline, the buyer shall be entitled to withdraw from the contract.
8.7 The User shall be entitled to withdraw from the contract without setting an extended deadline if
a) the Service Provider refused to fulfil the contract; or
b) the contract should have been fulfilled at the time specified - and not at any other time - pursuant to the parties’ agreement or due to the identifiable intended purpose of the service.
8.8 If the Service Provider fails to provide its contractual obligation because the product specified in the contract is not available, it shall promptly inform the User about that, and refund the amount paid by the User promptly, but latest within 30 days.
8.9 The Service Provider shall not bear any liability for any change of any technical information or specifications not announced preliminarily which take place due to the supplier or reasons beyond the Service Provider’s control. The Service Provider reserves the right to reject in part or in full any purchase order already confirmed. Partial delivery shall only be possible upon preliminary consultation with the User.
- Right of withdrawal
9.1 The consumer shall not be entitled to exercise his/her right of withdrawal in the case of products in closed packaging (teeth whitening products) which cannot be returned after they have been opened up after delivery due to health or hygiene reasons.
9.2 The Service Provider shall refund the amount paid – except for shipment fees – to the Customer promptly, but latest within 14 days upon return of the product or receipt of the statement of withdrawal, in accordance with the above laws.
9.3 We use the same payment method for the refund that was used for the original transaction, unless the Consumer gives his/her express consent to the application of another payment method; the Consumer shall not be subject to any additional obligations due to the application of this payment method.
9.4 The Consumer shall send back to the Service Provider or drop at Service Provider’s address the goods without unjustified delay, latest within 14 days after sending the notification regarding withdrawal from the contract to the Service Provider.
9.5 The Service Provider shall not be obligated to reimburse the Consumer for any additional costs arising due to the Consumer choosing a method of shipment different from the cheapest common method of shipment offered by the Service Provider.
9.6 The Consumer may only be held responsible for depreciation of the goods if it was caused by the handling thereof in a manner different than what is necessary for the determination of the nature, properties and operation of the goods.
9.7 The Service Provider shall be entitled to withhold the refund until the goods have been returned to it or the Consumer has provided proof that he/she has sent them back, whichever is earlier.
9.8 If the Consumer wishes to exercise his/her right to withdrawal, he/she may notify the Service Provider regarding that in writing at any of the Service Provider’s contact addresses. The Consumer may return the product ordered to the Service Provider via post or courier.
7.17 The Consumer shall take care to use the product properly, as the Consumer shall be liable for any damages arising from improper use. The Consumer shall, within fourteen days of receipt of the product, return the purchase price of the product – together with the shipment costs – to the bank account specified by the Consumer.