These General Terms and Conditions (hereinafter: GTC) shall govern the relationship between Big in Japan Kft. (registered office: 1023 Bécsi út 4. ground floor 1., company registration number: Cg. 01 09 432415, tax number: 32592784-2-41, bank account number: 10700378-76447714-51100005, hereinafter: Mosaic Headspa) and its client (hereinafter: Client) (Mosaic Headspa and the Client hereinafter jointly: the Parties, and individually: a Party) with regard to the body jewellery placement and the physical and other well-being services provided by Mosaic Headspa to the Client.
1.1 Mosaic Headspa provides physical and other well-being services to the Client (hereinafter: Services). Mosaic Headspa declares that it holds all the regulatory
permits necessary for the provision of the Services.
2.1. Mosaic Headspa undertakes to provide all of its Services professionally, in accordance with the applicable legislation and other professional regulations.
2.2. Place of provision of the Service: 1023 Budapest Bécsi út 2.
Mosaic Headspa is entitled to determine the location of the Services unilaterally, and it is neither able nor obliged to take into account any wishes of the Client in this respect. Mosaic Headspa provides the Services with the assistance of its cosmetic staff and other contributors (hereinafter: Staff). Mosaic Headspa is entitled to use subcontractors to perform any of its contractual obligations, in compliance with the applicable legislation.
2.3. The Client agrees to provide their billing details (name and address) for the issue of an invoice in return for the service.
2.4. Mosaic Headspa receives the Client at the Mosaic Headspa salon at the time agreed in advance and provides the Service separately determined by the Parties, for which Service Mosaic Headspa is entitled to remuneration.
2.5. Mosaic Headspa is obliged to inform the Client in advance of the course of the treatments and procedures, their risks and any possible complications.
2.6. The Client is obliged to attend at the time booked on the online platform. Mosaic Headspa may send a reminder SMS/email about the – possibly – pre-arranged time of the treatment to the telephone number/email address provided by the Client prior to the treatment or examination.
The Client is obliged to notify Mosaic Headspa without delay, but at least 24 hours in advance, if they are unable to attend at the time agreed in advance.
If the Client misses an appointment without notifying Mosaic Headspa of their absence in writing at least 24 hours before the time of the treatment (by email to the mosiacheadspa@gmail.com address or by SMS sent to the Mosaic Headspa SMS number (+36 20) 247 4444), Mosaic Headspa shall consider the service as performed and shall charge the full price.
If Mosaic Headspa is unable to provide the Service at the booked time for reasons beyond its control, it shall inform the Client thereof without delay and, with the Client's consent, provide a new appointment for the Client or receive the Client for the provision of the Service at another time freely chosen by the Client. In the latter case, the Client shall not be entitled to any kind of damages / compensation.
2.7. When using the Service, the Client is obliged to attend in a physical and mental condition suitable for it; otherwise Mosaic Headspa is entitled to refuse to provide the Service.
2.8. When using the Service, the Client is obliged to respect the relevant legislation and the operating rules of Mosaic Headspa.
2.9 When using the Treatment, the Client is obliged to respect the relevant statutory provisions. The Client is obliged to cooperate in the provision of the Treatment with Mosaic Headspa, with persons contributing as employees of Mosaic Headspa and with other Mosaic Headspa partners, including, among other things:
2.10. The Client is obliged to complete the questionnaires prepared by Mosaic Headspa that are necessary for the professional and safe performance of the Service, and to make the declarations required by law.
2.11. Following the examination of the Client or at any time during the provision of the Service, Mosaic Headspa is entitled to refuse to perform the Service, in particular if
2.12. In the course of its activities, Mosaic Headspa shall at all times act with due regard to the interests of the Client – as far as possible under the given circumstances – and with the prudence and care that can be expected of it.
2.13. The Treatment Record relating to the service and all documentation generated in the course of the Client's care may also be concluded and signed electronically between the Parties. In this case, the service provider assigns the document containing the Treatment Record or any annex thereto, and the health documentation, to the person of the client through the identification of the client, and authentically certifies the assignment to the person together with data clearly traceable to the client's own handwritten signature. However, the Service Provider may at any time request that the client make their declaration on paper.
2.14. Mosaic Headspa accepts no liability for any damage of any kind attributable to the conduct of the Client (e.g. breach of their obligation to cooperate, inaccurate following of instructions).
2.15. Mosaic Headspa accepts no liability for the Client's personal belongings on the premises of the Mosaic Headspa beauty salons, and is not obliged to keep the Client's property left in the Mosaic Headspa salon(s) (e.g. coat, umbrella) or to deliver it to the Client.
3.1. The Client is obliged to pay a Service Fee for the use of the Service. Mosaic Headspa is only obliged to perform the treatment separately determined by the Parties if the Service Fee has been paid in full.
3.2. The Fee is paid against an invoice, in cash, by bank card or by bank transfer to the bank account number of Mosaic Headspa specified above. In the case of payment of the Fee by bank transfer, Mosaic Headspa accepts as proof of payment the original bank debit notification or a certified copy identical to it in every respect.
3.3. In the case of promotions announced by Mosaic Headspa, the promotion, or the Treatment Record to be concluded within the framework of the promotion, shall at all times contain the promotional price. The promotional price is valid exclusively if the conditions announced in the promotion are met. If the Client does not meet the promotional conditions, Mosaic Headspa shall be entitled to a fee corresponding to the full, non-promotional price (the base price not reduced by the promotional discount), which the Client is obliged to pay to Mosaic Headspa in advance, prior to using the Service.
3.4. Unless otherwise agreed, Mosaic Headspa may refuse to perform the Services until the full fee has been paid.
3.5. If the Client cancels or does not use the Service for any reason – including an unavoidable external or internal cause, such as a characteristic identified in the Client's state of health that renders them unsuitable for the performance of the Service, regardless of whether that condition already existed at the time of payment or arose later – Mosaic Headspa shall be entitled to retain 20% of the full price of the treatment package from the fee for procedures already paid for but not yet used, and shall refund the remaining part in the manner specified in point 3.6.
3.6. With regard to the fee for a procedure paid by the Client but not used, Mosaic Headspa is obliged, upon the Client's written request within the business year, to repay to the Client the part of the amount paid that is refundable under point 3.5 by bank transfer in the case of payment in cash, by bank card or by bank transfer. In the case of other means of payment (e.g. SZÉP card), the refund shall be made in the manner specified in the rules of the issuer of the given means of payment. Beyond the business year, regardless of the means of payment used, the Client is not entitled to a refund; the portion of the amount paid regulated in this point shall be credited when using other services at Mosaic Headspa.
If the Client made their payment with a SZÉP card in accordance with point 3.9, the refund may be made exclusively to the Client's SZÉP card account.
3.7. If Mosaic Headspa decides for any reason (e.g. complaint handling) to refund the Client's payment – including the case of a refund under point 3.6 – it is obliged to do so by 31 December of the current year. If the Client's written declaration or Mosaic Headspa's decision on the refund is made between 1 November and 31 December of the current year, Mosaic Headspa is obliged to initiate the refund of the Client's payment by 28 February of the following year at the latest.
3.8. Mosaic Headspa accepts SZÉP cards issued by its contracted SZÉP card partners exclusively in the manner specified in the issuers' rules. In the case of a refund, the refund may in all cases be made only to the Client's SZÉP card account.
At the Mosaic Headspa beauty salons, clients may purchase gift vouchers, which are valid for 3 months. We are unable to refund the value of the unused service after the 3 months have expired. The gift cards are personalised, and the value of each is equal to the value of the service, i.e. in the present case 29,900 HUF. They are non-transferable, and one person may purchase an unlimited number of them. If the card is lost, or the recipient does not attend after booking, the purchaser is not entitled to a refund. In such cases, the code on the voucher can no longer be used subsequently.
4.1. Under the liability insurance applicable to its activities, Mosaic Headspa shall be liable exclusively for damage caused intentionally or through gross negligence by Mosaic Headspa – including the Staff – that is expressly and directly related to the provision of the service or to the conduct of Mosaic Headspa – including the Staff.
4.2. Mosaic Headspa does everything in its power to achieve the desired effect and result, but the Client acknowledges that, depending on the biological responsiveness of the body and unforeseeable risks, the expected result may differ from the average, and the Client may not make any claim for damages on account of such a difference. Furthermore, in view of the fact that the assessment of the results of cosmetic treatments is highly influenced by the individual, Mosaic Headspa accepts no financial or any other liability in the event of a complaint of an aesthetic nature.
5.1. Mosaic Headspa is obliged to treat confidentially any data and facts relating to the person and state of health of the Client that come to its knowledge in the course of providing the Service, and to disclose them only to those entitled to receive them.
5.2. Mosaic Headspa processes the personal data that come into its possession in the course of providing the services exclusively for the purpose of providing the services, in accordance with Act LXIII of 1992 on the protection of personal data and the disclosure of data of public interest, Regulation (EU) 2016/679 of the European Union, the General Data Protection Regulation (hereinafter: Regulation, GDPR), and Act CXII of 2011 (hereinafter: Infotv.), and in accordance with the governing provisions of other applicable legislation. The provisions relating to data protection are contained in the Privacy Policy of Mosaic Headspa, which forms an inseparable annex to these GTC.
5.3. We store the personal data of our clients who apply for treatment (services) at the Mosaic Headspa salon(s) in accordance with the statutory requirements; furthermore, upon registration, our clients consent to the processing of their data and to its transfer to laser specialists.
6.1. These GTC shall apply in general to all matters that are not expressly provided for otherwise in the Treatment Record concluded with the Client.
6.2. Mosaic Headspa reserves the right to amend these GTC. It publishes any amendment on its www.mosaicheadspa.hu website.
6.3. Should any provisions of these GTC or of the Treatment Record be or become invalid or unenforceable, this shall not affect the validity or effect of the remaining parts of the GTC or the Treatment Record. In such a case, the provisions that best correspond to the intention and objectives of the Parties shall apply.
7.1 The Treatment Record relating to the service may also be concluded between the Parties electronically, at the Client's choice. In this case, the service provider assigns the document containing the contract or any annex thereto to the person of the client through the identification of the client, and authentically certifies the assignment to the person together with data clearly traceable to the client's own handwritten signature. However, the Service Provider may at any time request that the client make their declaration on paper.
7.2. The Parties shall settle their disputes in connection with these GTC amicably. If the negotiations in this respect do not lead to a result, the Parties stipulate the exclusive jurisdiction of the Pest Central District Court or the Budapest Metropolitan Court, depending on the value of the subject matter of the dispute.
7.3. The annexes form an inseparable part of these GTC.
7.4. In matters not regulated in these GTC and in the Treatment Record, Hungarian law shall apply, in particular the relevant provisions of the Civil Code and Act CLIV of 1997 on Health Care.
7.5. Mosaic Headspa ensures that Clients can become acquainted with these GTC even before the legal relationship is established. The GTC are public and may be viewed and read by anyone.
7.6. These GTC enter into force on 15 February 2023
Dated: Budapest, 1 November 2024
Mosaic Headspa
Big In Japan Kft.
