TERMS AND CONDITIONS
Főoldal
Effective from: 01.01.2020.
Introduction:
Please read our General Terms and Conditions carefully, as by placing your order, you accept the General Terms and Conditions of our Company!
If you have any questions about the use of our webshop, the purchase process, our products or our General Terms and Conditions, you can contact our company at the following contact details:
Our company data:
Company Name: Unique Store Kft.
Registered office: 2051 Biatorbágy Diófa utca 39.
Postal address: 2051 Biatorbágy Diófa utca 39.
Tax number: 23141586-2-13
Company registration number: 13 09 165726
Name of the registration authority: Court of Registration of the Metropolitan Court of Justice
Company bank account number: 11600006-00000000-85519893
Name of the representative: Zoltán Dervalics
Website Address: https://www.uniquestore.hu/
E-mail cím: dervalics.zoltan@uniquestore.hu
Phone number: +36-30/962-8844
Hosting provider’s data: Jade Consulting Kft., 2051 Biatorbágy, Baross Gábor utca 3/B, +3670-596-6590
Concepts:
Parties: Seller and Consumer/Business jointly
Consumer: natural person of legal age over 18 years of age acting outside the scope of his or her economic activity or profession
Consumer contract: a contract of which the subject qualifies as a Consumer
Warranty: in the case of a Consumer Contract, according to the Civil Code
- Warranty that goes beyond a legal obligation or is voluntarily undertaken for the proper performance of the contract
- Statutory warranty
Contract: Conclusion of the sales contract between the Seller and the Consumer/Business using the webshop and e-mail
Distance contract: a contract for the purchase of a product or the provision of a service that is the subject of the contract, which is concluded without the simultaneous physical presence of the parties, using a means of communication between distant parties, within the framework of a distance sales system
Distance communication device: a device suitable for making a contractual statement in the absence of the parties, e.g. a device providing internet access, a form, a catalogue, a telephone
Product: movable property in the stock of our webshop, intended for sale, in possession of the subject of a contract, marketable
Enterprise: a person acting in the course of his or her economic activity or profession
Webshop: our webshop, where the contract is concluded
Legislation:
- Act CLV of 1997 on Consumer Protection
- Act LXXVI of 1997 on Copyright
- Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services
- Government Decree No. 151/2003 (IX.22.) on the Mandatory Warranty for Durable Consumer Goods
- Act CXX of 2011 on the Right of Informational Self-Determination and on Freedom of Information
- Act V of 2013 on the Civil Code
- 19/2014. (IV.29.) Decree of the Ministry of National Economy on the Procedural Rules for the Administration of Warranty and Guarantee Claims for Goods Sold in the Context of a Contract Between Consumers and Businesses
- Government Decree No. 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 concerning the processing and protection of the personal data of natural persons and on the free movement of such data, and repealing Regulation 95/46/EC, i.e. the General Data Protection Regulation
- Regulation (EU) 2018/302 of the European Parliament and of the Council of 28.02.2018 on combating unjustified geo-blocking and other forms of discrimination based on a consumer’s nationality, place of residence/place of establishment in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
Scope and acceptance of the GTC:
In addition to the relevant legislation, the content of the contract to be concluded is also regulated by our General Terms and Conditions. Within this framework, we summarize the rights and obligations of you and us, the terms and conditions of contracting, the terms of payment and delivery, the deadlines, the rules related to liability, and the conditions for exercising the right of withdrawal.
By placing your order, you accept the General Terms and Conditions of our Company, which are part of the contract to be concluded.
Language and form of the contract:
The language of the contract is Hungarian.
The contract is concluded by placing the order and accepting our General Terms and Conditions.
Prices:
Prices are in HUF. Our company is subject to VAT, so its prices are gross amounts, which include 27% VAT. We reserve the right to change prices. We reserve the right to change prices.
Complaint handling and enforcement options:
The Consumer may submit his objections to the product or to the activities of our Company to us at our contact details:
- E-mail cím: zoltan@uniquestore.hu
- Phone number: +36-30/962-8844
The Consumer may communicate his complaint to our Company primarily in writing, but in some cases also orally. The complaint may relate to the behavior, work or omission of the person acting on behalf of our Company, which is directly related to the distribution and sale of the product.
Our Company will immediately investigate and resolve the verbal complaint. If the Consumer does not agree with the handling of the complaint or the immediate investigation of the complaint is not possible, our Company will take a record of the complaint and its position in relation to it, a copy of which will be sent to the Consumer (in case of personal presence, it will be handed over on the spot). In the case of a complaint received by e-mail, it shall be sent to the Consumer within 30 days together with the reply. Our Company will respond to the written complaint in writing within 30 days of receipt. If the complaint is rejected, our Company is obliged to justify its position. Our company is obliged to provide the complaint with a unique identification number – in the case of an oral complaint communicated by phone or other electronic communication service.
The minutes of the complaint must contain:
- The place, method and time of submitting the complaint
- Name, address, contact details of the consumer
- A detailed description of the consumer complaint, as well as a list of documents, documents and evidence
- Our company’s statement on its position regarding the Consumer Complaint, if it can be investigated immediately
- The place and time of recording the minutes
- The signature of the person taking the minutes and the signature of the Consumer – the latter in case the verbal complaint is communicated in person
- The unique identification number of the complaint – in the case of an oral complaint communicated by telephone or other electronic communication service
Our company will keep the minutes of the complaint and a copy of our response for 5 years, and will present it at the request of the supervisory authority.
Our company informs the Consumer in writing, if the complaint is rejected, of the authority or the Arbitration Board to initiate the procedure with the complaint. The information shall contain the registered office, mailing address, contact details (website, e-mail, telephone number) of the competent authority and the Arbitration Board of the Consumer’s place of residence/residence, as well as our Company’s position on the use of the Arbitration Board procedure for the purpose of settling consumer disputes.
In the event that the legal dispute between our Company and the Consumer is not resolved through negotiations, the Consumer may use further options for enforcing his rights:
Consumer Protection Authority Procedure:
In the event of a violation of Consumer Rights, the Consumer is entitled to file a complaint with the Consumer Protection Authority competent for his or her place of residence. The Authority decides on the conduct of the Consumer Protection Procedure after the assessment of the complaint. The tasks of the first instance are performed by the district offices. Contact: http://jarasinfo.gov.hu/
Judicial proceedings:
Within the framework of civil proceedings, the Consumer is entitled to enforce his or her claim arising from the dispute before the court in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
Conciliation Board procedure:
You are entitled to turn to the Arbitration Board competent for your place of residence/stay if we reject your Consumer Complaint. The condition for initiating the procedure is that the Consumer attempts to settle the dispute directly with our Company.
In the Arbitration Board procedure, our Company is obliged to cooperate. On the basis of this, our Company is obliged to send a response to the call of the Conciliation Board, and to appear at the hearing before the Conciliation Board and to ensure the participation of a person authorized to reach a settlement.
If the registered office/site of our Company is located outside the county of the chamber operating the territorially competent Arbitration Board, our Company’s obligation to cooperate extends to the possibility of concluding a written settlement in accordance with the Consumer’s request.
If we do not comply with our above obligation to cooperate, the Consumer Protection Authority will be competent to issue a mandatory fine in the event of unlawful conduct of companies, which cannot be waived.
The amount of the fine may range from HUF 15,000 to HUF 500,000 for small and medium-sized enterprises, and from HUF 15,000 to 5% of the company’s annual net sales revenue, up to a maximum of HUF 500 million, for large enterprises with an annual net turnover of more than HUF 100 million.
The Consumer may request the initiation of the Arbitration Board procedure. The request must be submitted in writing (by letter, fax, telegram, or on the website of the Arbitration Board, in electronic form) to the President of the Arbitration Board.
The application must include:
- Name, place of residence/place of residence, contact details of the consumer
- Name, registered office/site of the company involved in the consumer dispute
- The consumer’s position and the related evidence and facts
- A statement by a consumer that he or she has attempted to settle the dispute directly with the company concerned
- Consumer’s statement that he did not initiate any other Arbitration Board procedure in the case, did not initiate a mediation procedure, did not file a statement of claim, and did not submit an application for the issuance of a payment order
- Motion for a decision of the Board
- Consumer’s signature
- If the Consumer has requested another body competence instead of the competent Arbitration Board, the designation of that
In any case, the document or a copy thereof must be attached to the application, the content of which the Consumer refers to as evidence (the written statement of the company rejecting the complaint, if this is not available, the written evidence of the attempt to conciliate held by the Consumer).
If an authorised representative acts in the case of the complaint, the authorisation issued by the Consumer must be attached to the application.
For more information on the Conciliation Boards, see: http://www.bekeltetes.hu
For more information on the regionally competent Arbitration Boards, see:
https://bekeltetes.hu/index.php?id=testuletek
Contact details of the regionally competent Arbitration Boards:
Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy I. u. 36.
Phone number: 06-72 507-154
Fax: 06-72 507-152
Email address: abeck@pbkik.hu, mbonyar@pbkik.hu
Bács-Kiskun County Conciliation Board
Address: 6000 Kecskemét, Árpád krt. 4.
Phone number: 06-76 501-500, 06-76 501-525, 06-76 501-523
Fax: 06-76 501-538
Email address: bekeltetes@bacsbekeltetes.hu, mariann.matyus@bkmkik.hu
Website: www.bacsbekeltetes.hu
Békés County Conciliation Board
Address: 5600 Békéscsaba, Penza ltp. 5.
Phone Number: 06-66 324-976
Fax: 06-66 324-976
Email address: eva.toth@bmkik.hu
Borsod-Abaúj-Zemplén County Conciliation Board
Address: 3525 Miskolc, Szentpáli u. 1.
Phone number:06-46 501-091, 06-46 501-870
Fax: 06-46 501-099
Email address: kalna.zsuzsa@bokik.hu
Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Phone number: 06-1 488-2131
Fax: 06-1 488-2186
Email address: bekelteto.testulet@bkik.hu
Csongrád County Conciliation Board
Address: 6721 Szeged, Pariisii krt. 8-12.
Phone number: 06-62 554-250/118
Fax: 06-62 426-149
Email address: bekelteto.testulet@csmkik.hu
Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Phone number:06-22 510-310
Fax: 06-22 510-312
Email address: fmkik@fmkik.hu
Győr-Moson-Sopron County Conciliation Board
Address: 9021 Győr, Szent István út 10/a.
Phone number: 06-96 520-217
Fax: 06-96 520-218
Email address: bekeltetotestulet@gymskik.hu
Hajdú-Bihar County Conciliation Board
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Phone number: 06-52 500-710
Fax: 06-52 500-720
Email address: korosi.vanda@hbkik.hu
Heves County Conciliation Board
Address: 3300 Eger, Faiskola út 15.
Phone number: 06-36 429-612
Fax: 06-36 323-615
Email Address: hkik@hkik.hu
Jász-Nagykun-Szolnok County Conciliation Board
Address: 5000 Szolnok, Verseghy park 8. III. emelet 305-306.
Phone number: 06-56 510-621, 06-20 373-2570
Fax: 06-56 510-628
Email address: bekeltetotestulet@jnszmkik.hu
Komárom-Esztergom County Conciliation Board
Address: 2800 Tatabánya, Fő tér 36.
Phone number: 06-34 513-027
Fax: 06-34 316-259
Email address: szilvi@kemkik.hu
Nógrád County Conciliation Board
Address: 3100 Salgótarján, Alkotmány út 9/A.
Phone number: 06-32 520-860
Fax: 06-32 520-862
Email address: nkik@nkik.hu
Pest County Conciliation Board
Address: 1119 Budapest, Etele út 59-61. II. emelet 240.
Mailing address: 1364 Budapest, Pf.: 81.
Phone number: 06-1 269-0703
Fax: 06-1 474-7921
Email address: pmbekelteto@pmkik.hu
Somogy County Conciliation Board
Address: 7400 Kaposvár, Anna u. 6.
Phone Number: 06-82 501-026
Fax: 06-82 501-046
Email address: skik@skik.hu
Szabolcs-Szatmár-Bereg County Conciliation Board
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Phone number: 06-42 311-544
Fax: 06-42 311-750
Email address: bekelteto@szabkam.hu
Tolna County Conciliation Board
Address: 7100 Szekszárd, Arany J. u. 23-25. III. emelet
Phone number: 06-74 411-661
Fax: 06-74 411-456
Email address: kamara@tmkik.hu
Vas County Conciliation Board
Address: 9700 Szombathely, Honvéd tér 2.
Phone number: 06-94 312-356
Fax: 06-94 316-936
Email address: vmkik@vmkik.hu
Veszprém County Conciliation Board
Address: 8200 Veszprém, Radnóti tér 1. ground floor 116.
Phone Number: 06-88 429-008
Fax: 06-88 412-150
Email address: bekelteto@veszpremikamara.hu
Zala County Conciliation Board
Address: 8900 Zalaegerszeg, Petőfi u. 24.
Phone number: 06-92 550-513
Fax: 06-92 550-525
Email address: zmbekelteto@zmkik.hu
Online dispute resolution platform:
On the website created by the European Commission, after registering as a Consumer, the Consumer can settle his/her legal disputes related to online shopping without initiating court proceedings by filling in the application on the website. This is also a way of enforcing Consumer rights without distance limits.
You can make a complaint about a product/service you purchased online.
You and the company you complain about have the opportunity to choose together on this ODR platform which dispute resolution body will be assigned to handle your complaint.
The Online Dispute Resolution platform is available at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Copyright:
Our website qualifies as a work of copyright in accordance with Section 1 (1) of Act LXXVI of 1999 on Copyright, and all parts are protected by copyright. It is prohibited to use images, texts, software or graphics programs on our website without permission, as well as to use malicious applications that modify our website, in accordance with Article 16 (1) of the same Act. Please note that materials, images, videos and texts can only be taken over from our website and database with the written consent of the copyright holder (Unique Store Kft.), indicating the source.
Severability and Code of Conduct:
In the event that a provision of our Terms and Conditions is legally incomplete/ineffective, that part shall be governed by the provisions of the applicable law. The rest of the contract will remain valid.
Our company does not have a code of conduct according to the Act on the Prohibition of Unfair Commercial Practices Against Consumers.
Technical protection measures and operation of digital content:
The servers that provide the data displayed on our website have an availability rate of over 99.9% per year. The entire data content is saved continuously, at regular intervals, so that if there is a problem, the original data can be restored. The data that appears on our website is stored in MySQL and MSSQL databases. Due to their sensitive nature, this data is stored with a sufficiently strong encryption, and we use hardware support for its encoding, which is built into the processor.
Products properties:
Information on the properties of products for sale on our website is provided by the description on the page of the respective product.
Correction of data entry errors and responsibility for the accuracy of the data:
During the order process, before confirming the order, you have the opportunity to modify and correct the data you have provided. You are responsible for the accuracy of the information you provide. Based on these data, we issue the invoice, and we deliver the product(s) to the address indicated as the delivery address. By placing your order, you acknowledge that our Company is entitled to transfer to you any damages and costs arising from the data you provide incorrectly. Our company excludes its liability for performance due to incorrect data entry. As a result of the misspelled e-mail address or the occupancy of your mailbox, the confirmation is considered undeliverable, thus it may (prevent) the realization of the contract.
Procedure In case of incorrect price:
Our company excludes its liability for the obviously incorrectly indicated price despite all its care, as well as for the failure of the IT system.
Obviously incorrectly indicated price:
- 0 Ft
- Price incorrectly indicating the discount (e.g.: Original price of the product: 3.000 HUF, discount: 20%, discounted price: 500 HUF, since in this case the correct price should be 2.400 HUF)
If an incorrect price is indicated, our company will inform you about the case and offer you the opportunity to buy the product at the correct price, so you can either order the product at the correct price or withdraw from the purchase without consequences.
Use of our webshop:
Our webshop provides the User with the presentation of the products (products with pictures, descriptions, prices on the website) and the option to order online. You can browse our website using a menu system. You will find products organized by category. Clicking on the name of a category will display the products in it. From the list page, you can find a detailed description of the product by clicking on the product name. In our webshop, it is also possible to search by keyword. For our discounted products, the start and end of the promotion and the “while stocks last” sign are indicated.
If you would like to buy a product, you can do so (if you want more pieces, by setting the number of pieces, and then clicking on the cart button). You can view and check the products in your shopping cart using View Shopping Cart. Here you have the option to change quantities or delete products. By clicking on Empty Cart, the entire contents of the cart will be deleted.
If you have chosen which products you would like to order, you can place your order by clicking on the Order button, entering the page, if you do not have registration yet, you can place your order by creating a registration. When registering, the following data must be provided: name, address, billing address, delivery address, e-mail address, telephone number, password. We will send you a confirmation of the successful registration by email.
The security of the login data is the responsibility of the User, he is responsible for updating his data, he is obliged to inform us of any misuse of his data by a third party. If you have forgotten the password, click on the “Forgot password” option, after which we will send a link to the User’s registered e-mail address, which can be clicked to create a new password.
During the order process, the User is required to select his/her preferred payment and delivery method. Immediately before the order is approved, the User can check the correctness of the data, the products to be ordered and their quantities on the Order Summary page. If you want to correct the data, you can do it by clicking on the pencil icon.
Finalizing an order:
If you find everything in order, you can finalize your order by clicking on the “Send order” button, which you will receive a confirmation on our website and by e-mail. In the event that you notice in the confirmation email that you have entered incorrect information, please notify us immediately within 24 hours.
The information on our website does not qualify as an offer to conclude a contract on the part of our Company. The bidder is you.
By clicking on the “Submit Order” button, you acknowledge that your offer is considered to have been made and that your statement is subject to a payment obligation. If your offer is not confirmed within 48 hours in accordance with our Terms and Conditions, you are released from your obligation to make an offer.
Order processing and conclusion of the contract:
You can place your order at any time in our webshop. You will receive an automatic confirmation of your order, which means that your order has been received, but this confirmation does not qualify as acceptance of the offer made by you. If you do not receive an automatic confirmation by e-mail within 24 hours of placing your order, please let us know, as there may be a technical problem, it is possible that your order has not been received in our system due to this.
Our company will confirm your offer in a second e-mail, at which point the contract will be concluded.
Payment methods:
Bank transfer:
Payment can be made by bank transfer. After processing the order, our colleague will send you the data necessary for the transfer. Once your transfer is received, we will hand over your package to the courier service for delivery.
Cash on delivery:
Payment can be made in cash directly upon receipt of the package, which must be handed over to the courier who delivers the package. In this case, after placing an order, we will hand over the shipment to the courier service, which will be delivered to the address you provided.
Pick-up methods
FoxPost:
The FoxPost parcel locker is available mainly in shopping malls, allowing for simple, convenient, time-saving parcel pickup.
Learn more http://www.foxpost.hu/csomagatvetel-hogyan/
Deadline for completion:
The delivery deadline is 2-6 working days from the confirmation of the order. Any deviation from this deadline will be notified by e-mail in all cases.
Reservation of rights and stipulation:
If you have previously ordered a product from us, but did not receive it at the time of delivery (except in the case in which you exercised your right of withdrawal), or the package came back to us with the “Not wanted” mark, our Company undertakes to fulfill the order if the purchase price and shipping costs are paid in advance.
Our company may withhold the delivery of the package until we are satisfied that the purchase price of the product has been successfully paid in the case of online payment. If the price of the product has not been paid in full, our Company draws the attention of the Consumer to the additional purchase price.
Foreign sales:
Our company primarily ensures the delivery/receipt of the ordered products within the territory of Hungary.
Purchases outside Hungary are also governed by our General Terms and Conditions. In this case, the consumer is an adult citizen of a Member State or a natural person residing there who acts outside the scope of his economic activity or profession. A company is a person who has a place of establishment in a Member State, who buys a product or uses a service within the European Union, or who acts in the course of his or her economic activity or profession.
The primary language of communication and shopping is Hungarian. We are not obliged to communicate in the language of the Consumer’s Member State.
We are not obliged to comply with the non-contractual requirements set out in the national law of the Member State of the foreign Consumers/Businesses in relation to the product concerned.
Foreign Consumers/Businesses can exercise their rights in accordance with our General Terms and Conditions.
In the case of online payment, payment is made in the currency determined by us. Our company may withhold the delivery of the product until we are satisfied that the purchase price and delivery fee have been successfully paid. If the purchase price has not been paid in full, our Company draws the attention of the Consumer/Company to the completion of the purchase price.
Our company provides the delivery options for Hungarian customers to non-Hungarian customers as well, if the given delivery method is available in the given country. The Consumer/Business may request the delivery of the product abroad, subject to the payment of the delivery fee applicable abroad.
Consumer information based on Government Decree 45/2014 (II.26.):
Information about the Consumer’s right of withdrawal:
Pursuant to Section 8:1, Paragraph 1, Point 3 of the Civil Code, only natural persons acting outside the scope of their profession, self-employment or business activities are considered consumers, according to which legal persons may not exercise the right of withdrawal without justification!
Pursuant to Section 20 of Government Decree 45/2014 (II.26.), the Consumer has the right of withdrawal without justification. The Consumer may exercise his right of withdrawal in the case of a contract for the sale of the product within a deadline of 14 days from the date of receipt of the product.
The Consumer may also exercise his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the product.
If the Consumer has made an offer for the conclusion of the contract, he or she shall have the right to withdraw the offer before the conclusion of the contract, which shall terminate the obligation to make an offer for the conclusion of the contract.
Declaration of withdrawal, Consumer’s right of withdrawal and termination:
The right guaranteed in Section 20 of Government Decree 45/2014 (II.26.) may be exercised by the Consumer through a declaration to that effect.
Validity of consumer withdrawal statement:
We consider the right of withdrawal to be enforced within the deadline if the Consumer sends us his statement within the deadline (14 days).
The Consumer shall bear the burden of proving that he or she has exercised his or her right of withdrawal in accordance with this provision.
After receiving the Consumer’s declaration of withdrawal, our company electronically confirms to the Consumer the fact of exercising the right of withdrawal and acknowledging it.
Our company’s obligation in case of the Consumer’s withdrawal:
Our company’s refund obligation:
If the Consumer withdraws from the contract pursuant to Section 22 of Government Decree 45/2014 (II.26.), our Company will refund the full amount paid by the Consumer within 14 days of becoming aware of the withdrawal, including the costs related to the performance, such as the delivery fee. Please note that this provision does not apply to additional costs caused by choosing a mode of transport other than the usual, less costly one.
How our company is obliged to reimburse:
In the event of withdrawal/termination pursuant to Section 22 of Government Decree 45/2014 (II.26.), our Company will refund the amount due to the Consumer in the same way as the payment method used by the Consumer. If the Consumer approves, our Company may use other payment methods for the refund, but the Consumer may not be charged any additional fee arising from this. Our Company shall not be liable for any delay due to the incorrectly provided bank account number or postal address provided by the Consumer.
Additional costs:
If the Consumer chooses a transport method other than the usual, less expensive delivery method, our Company is not obliged to refund the additional costs arising from this. In this case, our refund obligation is up to the indicated general delivery rates.
Right of retention:
We may withhold the amount due to the Consumer until the Consumer has returned the product or has clearly confirmed that he has returned it. Packages sent by cash on delivery or postage are not accepted.
In case of withdrawal/termination of the consumer’s obligations:
Product return:
If the Consumer withdraws from the contract pursuant to Section 22 of Government Decree 45/2014 (II.26.), the Consumer is obliged to return the product immediately, within 14 days of the notification of the withdrawal, or to hand it over to a person entitled to receive the product by our Company. The return is considered to have been completed within the deadline if the Consumer sends the product before the deadline.
Bearing the costs associated with returning the product:
The cost of returning the product is borne by the Consumer. The product must be returned to our company’s address. If the Consumer terminates the contract after the commencement of performance, he shall be obliged to pay a fee to our Company proportionate to the service rendered until the date of notification of the termination to the company. The amount to be paid proportionally by the Consumer shall be determined on the basis of the total amount of the consideration determined in the contract, plus tax. If the Consumer proves that the amount determined in this way is too high, the proportional amount shall be calculated on the basis of the market value of the services provided until the date of termination of the contract. Packages sent by cash on delivery or postage are not accepted.
Consumer’s liability for depreciation:
The Consumer shall be liable for any depreciation resulting from use exceeding the use necessary to determine the nature, property and operation of the product.
The right of withdrawal may not be exercised in the following cases:
Please note that you may not exercise your right of withdrawal in accordance with Section 29 of Government Decree 45/2014 (II.26.). (1):
- In the case of alcoholic beverages, the real value of which is beyond our company’s control, depends on market price fluctuations, and the price of which was agreed upon by the parties at the time of concluding the sales contract, but the contract is only performed after 30 days from the conclusion of the contract
- In the case of a product or service that is not under our company’s control, and which is possible to exercise the right of withdrawal within a specified time limit, in the case of a product or service dependent on price fluctuations on the financial market
- In the case of newspapers, periodicals, periodicals, with the exception of subscription contracts
- By its very nature, it is inseparable after delivery in the case of a product that is inseparably mixed with another product
- With the exception of residential services, in the case of contracts for the provision of accommodation, rental of passenger cars, transport, catering, services related to leisure activities, if a deadline/deadline for performance specified in the contract has been set
- In the case of audio or video recordings in sealed packaging, in the case of the sale and purchase of computer software, if the Consumer has opened the packaging after delivery
- In the case of a non-prefabricated product that has been manufactured on the basis of or at the request of the Consumer, or in the case of a product that has been customized for the Consumer
- In the case of digital data content provided on a non-tangible medium, if our Company started the performance with the Consumer’s express, prior consent and the Consumer has declared at the same time with his consent that he acknowledges that he loses his right of withdrawal after the commencement of performance
- In the case of contracts concluded at a public auction
- Perishable or short-lived product
- In the case of a contract for the provision of services, after the performance of the service in its entirety, if our Company has started the performance with the express prior consent of the Consumer and the Consumer has acknowledged that after the performance of the service in its entirety, the Consumer loses his/her right of termination
- In the case of a business contract, in which our Company visits the Consumer at the express request of the Consumer for urgent repair/maintenance work
- In the case of a product in closed packaging, which cannot be returned after opening after delivery for health protection or hygiene reasons
Implied warranty, product warranty, warranty:
This section of the Consumer Information was prepared on the basis of the authorisation of Section 9 (3) of Government Decree 45/2014 (II.26.) by applying Annex 3 of Government Decree 45/2014 (II.26).
Warranty Warranty:
In which cases can you exercise your implied warranty right?
In the event of our company’s defective performance, you may enforce your implied warranty claim against our company in accordance with the relevant rules of the Civil Code.
What rights do you have based on your implied warranty claim?
You can make the following warranty claims:
You may request a repair or replacement, unless the fulfilment of your chosen option is impossible or would incur a disproportionate additional cost to us. If you did not request or could not request repair or replacement, you may request a proportionate reduction of the consideration or you may repair the defect at our expense or have it repaired by someone else or, as a last resort, you may withdraw from the contract.
You may switch from your chosen implied warranty right to another, but you will bear the cost of the transition, unless it was justified or our Company gave rise to it.
What is the deadline for enforcing your implied warranty claim?
You are obliged to report the defect immediately after discovering it, within 2 months at the latest. You may not enforce your implied warranty rights beyond the 2-year limitation period from the performance of the contract.
If the subject of the contract between the Consumer and our Company is a second-hand thing, the parties may agree on a shorter limitation period, but no limitation period of less than 1 year may be stipulated.
Against whom can you enforce your implied warranty claim?
You may enforce your implied warranty claim against our Company.
What other conditions are there for the enforcement of implied warranty rights?
Within 6 months of the date of performance, there are no other conditions for the enforcement of your implied warranty claim other than the notification of the defect, if you certify that the product or service was provided by our Company. However, after 6 months from the date of performance, you must prove that the defect already existed at the time of performance.
Used products are subject to different rules regarding warranty and guarantee. Defective performance also exists in the case of a used product, but the circumstances on the basis of which the Customer could expect the occurrence of certain defects must be taken into account. As a result of obsolescence, the appearance of certain defects becomes more and more frequent. The Customer may only enforce its warranty right in the case of defects that are in addition to and independently of defects resulting from use. If the used product is defective and the Consumer was informed of the defect at the time of purchase, our Company shall not be liable in this case.
Product warranty:
In what cases can you exercise your product warranty rights?
In the event of a defect in a movable property/product, you can enforce your implied warranty or product warranty claim at your choice.
What are your rights based on your product warranty claim?
As a product warranty claim, you may only request the repair or replacement of the defective product.
In what cases is the product considered defective?
A product is defective if it does not meet the quality requirements in force at the time of placing it on the market or if it does not have the characteristics specified in the manufacturer’s description.
What is the deadline for enforcing your product warranty claim?
You can assert your product warranty claim within 2 years from the date the product was placed on the market by the manufacturer. At the end of that period, he loses that right.
Against whom and under what other conditions can you enforce your product warranty claim?
You can only exercise your product warranty claim against the manufacturer/distributor of the movable property. You must prove the defect of the product in the event of a product warranty claim.
In what cases is the manufacturer/distributor exempt from the product warranty obligation?
The manufacturer/distributor is only exempt from its product warranty obligation if it can prove that:
- According to the state of science and technology, the defect was not recognizable at the time of placing on the market
- The defect in the product is due to the application of a law or a mandatory regulatory order
- The product was not manufactured or marketed in the course of its business activities
The manufacturer/distributor only needs to prove 1 reason for exemption.
Please note that you cannot claim an implied warranty and a product warranty claim at the same time due to the same defect. However, in the event of successful enforcement of a product warranty claim, you may enforce your implied warranty claim against the manufacturer for the replaced product/repaired part.
Warranty:
In what cases can you exercise your warranty rights?
In the event of defective performance, our company is obliged to provide a warranty pursuant to Government Decree 151/2003 (IX.22.) on the mandatory warranty for durable consumer goods.
The law requires the provision of warranty in the case of durable consumer goods, such as technical goods, machines and tools, the purchase price of which exceeds HUF 10,000.
What are your rights under the warranty and within what period?
Government Decree No. 151/2003 (IX.22.) on the mandatory warranty for durable consumer goods defines the cases of mandatory warranty. For products outside of this, our company does not provide any warranty. A warranty claim can be made within the warranty period. If the party obliged to provide the warranty fails to comply with its obligation within the appropriate deadline at the request of the entitled party, the warranty claim may be enforced before the court within 3 months of the expiry of the deadline specified in the notice, even if the warranty period has already expired. Failure to comply with this deadline shall result in the forfeiture of rights. The rules on the exercise of implied warranty rights must be applied to the enforcement of warranty claims. The warranty period is 1 year. Failure to comply with this deadline shall result in the forfeiture of rights. The warranty period starts from the date of delivery of the consumer product to the Consumer or the date of commissioning (if performed by our Company). In matters related to warranty beyond one year, please contact the manufacturer!
What is the relationship between the warranty and other warranty rights?
The warranty is in addition to the warranty rights (product or implied warranty). The difference between warranty rights and warranty is that in the case of a warranty, the burden of proof is more favorable for the consumer.
Consumer goods subject to the mandatory warranty pursuant to Government Decree No. 151/2003, with a fixed connection, or weighing more than 10 kg, or not transportable as a manual package on public transport, must be repaired at the place of operation, with the exception of vehicles. If the repair cannot be carried out at the place of operation, the repair service will take care of the removal and installation, as well as the removal and return.
Our company’s undertaking within the period of the mandatory warranty may not contain conditions that are more disadvantageous for the Consumer than those provided by the rules of the mandatory warranty. After the expiry of this period (1 year), the conditions of the voluntary warranty can be freely determined, but the warranty may not adversely affect the existence of the Consumer’s rights arising from the law (based on implied warranty).
Replacement request within three business days:
In case of a purchase made in our webshop, you have the right to exchange the product within 3 working days. You can enforce a replacement request within 3 working days in the case of durable consumer goods subject to Government Decree 151/2003 (IX.22.), according to which if you enforce your replacement request within 3 working days, our Company must interpret it as meaning that the product was already defective at the time of sale and we must replace the product without further ado.
When is our company exempt from the warranty obligation?
Our company is only exempt from its warranty obligation if it proves that the cause of the defect arose after the performance.
Please note that you cannot claim an implied warranty or a product warranty claim at the same time and at the same time due to the same defect. Your rights under this warranty are yours regardless of your warranty rights.