General Terms and Conditions
GENERAL CONTRACTUAL CONDITIONS
www.sleephero.hu
Date of entry into force: 24.02.2023.
Introduction:
Please read our Terms and Conditions carefully, as by placing your order you accept our Terms and Conditions!
If you have any questions about the use of our webshop, the purchase process, our products or our Terms and Conditions, you can contact us using the contact details below:
Our company data:
Company name: Éva Szakács sole proprietor
Headquarters: 1078 Budapest, Nefelejcs utca 59.
Our postal address is: 1078 Budapest, Nefelejcs utca 59.
Tax number: 56580141-1-42
Registration number: 55240787
Name of the registering authority: Budapest Chamber of Commerce and Industry
Company bank account number: 11600006-00000000-99640413
Name of representative: Éva Szakács
Website address: www.sleephero.hu
E-mail address: [email protected]
Phone number: +36 30 845 58 13
Details of the hosting provider: Gabriella Péntek, 06 30 297 58 69, Zoltán Bernárd e.v. 06 30 647 13 81,
Concepts:
Parties: Seller and Consumer/Business together
Consumer: natural persons over 18 years of age, acting outside the scope of their economic activity or profession
Consumer contract: a contract to which one of the parties is a Consumer
Good standing: in the case of a Consumer contract, according to the Civil Code
- a guarantee going beyond the legal obligation or voluntarily given for the proper performance of the contract
- a mandatory guarantee based on legislation
Treaty: Conclusion of a sales contract between the Seller and the Consumer/Company using the webshop and e-mail
Contract between remote parties: a contract for the purchase of a product or the provision of a service which is concluded without the simultaneous physical presence of the parties, using a means of distance communication within a distance selling system
Remote peer communication tool: means of making a contractual statement in the absence of the parties, e.g. internet access device, form, catalogue, telephone
Product: marketable goods in our webshop's stock that are for sale, available for possession, subject to a contract
Enterprise: a person acting in the course of his/her business or profession
Webshop: our webshop, where the contract is concluded
Relevant legislation:
- Act CLV of 2007 on Consumer Protection
- Act LXXVI of 2006 on Copyright
- Act CVIII of 2007 on certain aspects of electronic commerce services and information society services
- Government Decree No 151/2003 (IX.22.) on the compulsory warranty of consumer durables
- Act CXX of 2007 on the Right to Informational Self-Determination and Freedom of Information
- Act V of 2007 on the Civil Code
- 19/2014 (IV.29.) NGM Decree on the Procedural Rules for the Handling of Warranty and Guarantee Claims for Goods Sold under a Contract between a Consumer and an Undertaking
- Government Decree 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 April 2016 on the processing and protection of personal data of natural persons and on the free movement of such data, and repealing Regulation (EC) No 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 territorial restrictions of content and other forms of discrimination based on nationality, residence/establishment of the consumer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
Scope and adoption of the GTC:
In addition to the applicable legislation, the content of the contract to be concluded is also governed by our General Terms and Conditions. These summarise your and our rights and obligations, the conditions for concluding the contract, the terms of payment and delivery, time limits, liability rules and the conditions for exercising the right of withdrawal.
By placing your order, you accept our General Terms and Conditions, which will be included in the contract to be concluded.
Contract language and form:
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 27 % VAT rates, our prices are gross prices including VAT. We reserve the right to make changes.
Complaints and redress:
The Consumer can send us his/her complaints about the product or our Company's activities to the following contact details:
- E-mail address: [email protected]
- Phone number: +36 30 845 58 13
The Consumer you can communicate your complaint to us, mainly in writing, but in some cases orally. The complaint may relate to the conduct, work or omission of a person acting on behalf of our Company directly related to the marketing or sale of the product.
Your verbal complaint will be promptly investigated and resolved by our company wherever possible. If the Consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint without delay, we will take a record of the complaint and our position on it, a copy of which will be sent to the Consumer (or handed over to him/her in person if he/she is present). In the case of complaints received by e-mail, we will send the complaint together with the reply to the Consumer within 30 days. We will respond to your written complaint in writing within 30 days of receipt.. If the complaint is rejected, we are obliged to state the reasons for our position. We must provide the complaint with a unique identification number in the case of a complaint made orally by telephone or other electronic communication services.
It must include the record of the complaint:
- The place, method and time of submission of the complaint
- Name, address and contact details of the consumer
- A detailed description of the consumer complaint and a list of documents, records and evidence
- A statement of our position on the Consumer Complaint, if it can be investigated promptly
- the place and time of recording of the minutes
- the signature of the person who took the minutes and the signature of the Consumer - the latter in the case of an oral complaint made in person
- The unique identification number of the complaint - in the case of an oral complaint made by telephone or other electronic communications service
We will keep a record of the complaint and a copy of our response for 5 years and will produce it on request to the supervisory authority.
We will inform the Consumer in writing, if the complaint is rejected, which authority or Conciliation Body to refer the complaint to. The information shall include the seat, correspondence address, contact details (website, e-mail, telephone number) of the competent authority and the Conciliation Body of the Consumer's place of residence/residence, as well as our position on the use of the Conciliation Body for the settlement of the Consumer's dispute.
In the event that the dispute between our Company and the Consumer is not resolved through negotiations, the Consumer may have additional enforcement options:
Consumer Protection Authority procedure:
In the event of a breach of Consumer rights, the Consumer has the right to lodge a complaint with the Consumer Protection Authority of his/her place of residence. The Authority will decide whether to proceed with the Consumer Protection procedure after examining the complaint. The district offices are the first instance authorities. Their contact details are: http://jarasinfo.gov.hu/
Court proceedings:
Within the framework of civil proceedings, the Consumer shall be entitled to enforce his/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 have the right to apply to the Conciliation Body of your place of residence/residence if your Consumer complaint is rejected. To initiate the procedure, the Consumer must attempt to resolve the dispute directly with our Company.
Our Company has a duty to cooperate in the conciliation procedure. On the basis of this duty, our Company is obliged to respond to the conciliation body's request to. send a replyand at the hearing before the Conciliation Board to appear on and ensure the participation of a person authorised to conclude a settlement.
If our registered office/establishment is located outside the county of the Chamber of the Chamber operating the territorially competent conciliation body, our obligation to cooperate shall include offering the possibility of a written settlement of the Consumer's claim.
If we fail to comply with the above obligation to cooperate, the matter will be referred to the Consumer Protection Authority, which will find that the companies' unlawful conduct mandatory fines is in force, there is no derogation.
The amount of the fine for small and medium-sized enterprises can range from HUF 15,000 to HUF 500,000, and for large companies with an annual net turnover of more than HUF 100 million, from HUF 15,000 to 51T3T of the company's annual net turnover, up to a maximum of HUF 500 million.
The Consumer may request the opening of conciliation proceedings. The request must be made in writing (by letter, fax, telegram or electronic form on the website of the Conciliation Board) to the President of the Conciliation Board.
The application must include:
- Consumer's name, place of residence/residence, contact details
- Name, registered office/place of business of the company involved in the consumer dispute
- Consumer's position and the evidence and facts relating to it
- A declaration by the consumer that he/she has tried to settle the dispute directly with the business concerned
- A declaration by the consumer that he has not initiated any other Conciliation Body proceedings in the case, has not initiated mediation proceedings, has not lodged a statement of claim, has not applied for an order for payment
- Motion for a decision of the Board
- Consumer's signature
- If the Consumer has requested another body to replace the competent Conciliation Body, the Consumer must indicate which body has jurisdiction.
In any case, the document or a copy of the document on the content of which the Consumer relies as evidence (the company's written statement rejecting the complaint or, if this is not available, written evidence of the attempted conciliation held by the Consumer) must be attached to the request.
If an authorised representative is acting on the complaint, the authorisation issued by the Consumer must be attached to the application.
More information about the Conciliation Boards: http://www.bekeltetes.hu
For more information on the relevant local Conciliation Boards:
https://bekeltetes.hu/index.php?id=testuletek
Contact details of the competent local Conciliation Boards:
Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy I. u. 36.
Phone number: 06-72 507-154
Fax: 06-72 507-152
E-mail address: [email protected], [email protected]
Bács-Kiskun County Conciliation Board
Address: 6000 Kecskemét, Árpád krt. 4.
Phone numbers: 06-76 501-500, 06-76 501-525, 06-76 501-523
Fax: 06-76 501-538
E-mail address: [email protected], [email protected]
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
E-mail address: [email protected]
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
E-mail address: [email protected]
Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99. 310.
Phone number: 06-1 488-2131
Fax: 06-1 488-2186
E-mail address: [email protected]
Csongrád County Conciliation Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone number: 06-62 554-250/118
Fax: 06-62 426-149
E-mail address: [email protected]
Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Phone number:06-22 510-310
Fax: 06-22 510-312
E-mail address: [email protected]
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
E-mail address: [email protected]
Hajdú-Bihar County Conciliation Board
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Phone number: 06-52 500-710
Fax: 06-52 500-720
E-mail address: [email protected]
Heves County Conciliation Board
Address: 3300 Eger, Faiskola út 15.
Phone number: 06-36 429-612
Fax: 06-36 323-615
E-mail address: [email protected]
Jász-Nagykun-Szolnok County Conciliation Board
Address: 5000 Szolnok, Verseghy park 8. III. floor 305-306.
Phone number: 06-56 510-621, 06-20 373-2570
Fax: 06-56 510-628
E-mail address: [email protected]
Komárom-Esztergom County Conciliation Board
Address: 2800 Tatabánya, Fő tér 36.
Phone number: 06-34 513-027
Fax: 06-34 316-259
E-mail address: [email protected]
Nógrád County Conciliation Board
Address: 3100 Salgótarján, Alkotmány út 9/A.
Phone number: 06-32 520-860
Fax: 06-32 520-862
E-mail address: [email protected]
Pest County Conciliation Board
Address: 1119 Budapest, Etele út 59-61. floor II. 240.
Postal address: 1364 Budapest, PO Box 81.
Phone number: 06-1 269-0703
Fax: 06-1 474-7921
E-mail address: [email protected]
Somogy County Conciliation Board
Address: 7400 Kaposvár, Anna u. 6.
Phone number: 06-82 501-026
Fax: 06-82 501-046
E-mail address: [email protected]
Szabolcs-Szatmár-Bereg County Conciliation Board
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Phone number: 06-42 311-544
Fax: 06-42 311-750
E-mail address: [email protected]
Tolna County Conciliation Board
Address: 7100 Szekszárd, Arany J. u. 23-25. floor III.
Phone number: 06-74 411-661
Fax: 06-74 411-456
E-mail address: [email protected]
Vas County Conciliation Board
Address: 9700 Szombathely, Honvéd tér 2.
Phone number: 06-94 312-356
Fax: 06-94 316-936
E-mail address: [email protected]
Veszprém County Conciliation Board
Address: 8200 Veszprém, Radnóti tér 1. ground floor 116.
Phone number: 06-88 429-008
Fax: 06-88 412-150
E-mail address: [email protected]
Zala County Conciliation Board
Address: 8900 Zalaegerszeg, Petőfi u. 24.
Phone number: 06-92 550-513
Fax: 06-92 550-525
E-mail address: [email protected]
Online dispute resolution platform:
On the website set up by the European Commission, after registering as a Consumer, by filling in the application form on the site, the Consumer can settle his/her online shopping disputes without having to go to court. This is another way of Consumer redress without distance barriers.
You can complain about a product/service you have bought online.
You and the company you are complaining about can use this online dispute resolution platform to choose together which dispute resolution body will be entrusted with handling your complaint.
The online dispute resolution platform is available on the following website: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Copyright:
Our website is a copyright work according to the Copyright Act LXXVI of 1999, § 1 (1), each part is protected by copyright. The unauthorised use of images, texts, software or graphic programs on our website, as well as the use of harmful applications that modify our website, is prohibited pursuant to Article 16 (1) of the same Act. Please note that the reproduction of materials, images, videos, texts from our website and our database is only possible with the written consent of the copyright holder (Éva Szakács), with indication of the source.
Partial invalidity and code of conduct:
In the event that any part of our General Terms and Conditions is legally incomplete/irregular, that part shall be governed by the provisions of the applicable legislation. The rest of the contract remains valid.
We do not have a code of conduct under the Unfair Commercial Practices Act.
Technical protection measures and the functioning of digital data content:
The servers that provide the data displayed on our website have an availability of over 99.9%/year. The entire data content is backed up continuously, at regular intervals, so that if a problem should occur, the original data can be restored. The data that appears on our website is stored in MySQL or MSSQL databases. Due to their sensitive nature, these data are stored with encryption of appropriate strength and encrypted using hardware support built into the processor.
Product features:
On our website, information about the characteristics of the products for sale is provided in the description on the product page.
Correction of data entry errors and responsibility for data accuracy:
During the ordering process, before confirming the order, you have the possibility to modify or correct the information you provide. You are responsible for the accuracy of the information you provide. Based on this information, we will issue an invoice and deliver the product(s) to the address indicated as the delivery address. By placing your order, you acknowledge that we are entitled to pass on to you any damages or costs resulting from incorrect information provided by you. Our Company excludes any liability for performance due to incorrect data entry. If your e-mail address or post office box is full, the confirmation will be deemed undeliverable and may prevent the performance of the contract.
Procedure In case of incorrect price:
We exclude liability for any apparent misrepresentation of the price, despite all due care and diligence, and for any failure of the IT system.
It is considered to be an obvious misstatement of the price:
- 0 Ft
- Price incorrectly indicating a discount (e.g. original price of the product: 3.000 Ft, discount: 20%, discounted price: 500 Ft, because in this case the correct price should be 2.400 Ft)
If an incorrect price has been indicated, we will inform you of the case and offer you the option to buy the product at the correct price, so that you can either order the product at the correct price or cancel the purchase without consequences.
Using our webshop:
Our webshop provides the User with the presentation of the products (with pictures, descriptions, prices on the website) and the option to order online. You can browse our website in a menu system. You will find the products sorted by category. Clicking on the name of a category will display the products in that category. From the list page, you can find a detailed description of the product by clicking on the product name. You can also search our webshop by keyword.
If you would like to purchase a product, you can do so (by setting the number of items, if you want more than one, and then) by clicking on the shopping cart button. You can view and check the products in your basket by clicking on View Basket. Here you have the possibility to modify quantities or delete products. Clicking on Empty Cart will delete the entire contents of the cart.
Once you have selected the products you wish to order, you can place your order by clicking on the Order button when you enter the site, if you are not registered, you can place your order by creating a registration. When registering, you will be asked to enter your name, address, billing address, shipping address, e-mail address, phone number, password. We will send you an e-mail confirmation that your registration has been successful.
The security of the login data is the responsibility of the User, who is responsible for updating his/her data and is obliged to inform us if his/her data has been misused by a third party. If you have forgotten your password, please click on "Forgot password", we will send you a link to your registered e-mail address, which you can click to create a new password.
During the order process, the User is required to select his preferred payment and delivery method. Immediately before the order is approved, the User can check the correctness of the data, the products and their quantity on the Order Summary page. If you wish to correct the data, you can do so by clicking on the pencil icon.
Finalise your order:
If you find everything in order, you can click on the "Submit Order" button to finalise your order, which will be confirmed on our website and by e-mail. In case you notice in the confirmation e-mail that you have entered incorrect information, please inform us immediately within 24 hours.
The information on our website does not constitute an offer to enter into a contract on our part. The bidder is you.
By clicking on the "Submit Order" button, you acknowledge that your offer is deemed to have been made and that your declaration is subject to payment. If we do not confirm your offer within 48 hours in accordance with our General Terms and Conditions, you will be released from your obligation to submit an offer.
Processing the order and concluding 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 constitute acceptance of your offer. 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 which may have prevented your order from being received.
Our company will confirm your offer in a second e-mail, at which point the contract is concluded.
Payment methods:
Bank transfer:
Payment can be made by bank transfer. After the order has been processed, our colleague will send you the necessary details for the transfer. Once your transfer has been received, we will hand over your parcel to the courier service for delivery.
Aftermath:
Payment can be made in cash directly upon receipt of the parcel, which must be handed over to the courier delivering the parcel. In this case, we will hand over the parcel to the courier service after the order has been placed and it will be delivered to the address you have specified.
Ways of receipt:
MPL courier service:
Delivery charges apply for home delivery.
Delivery time: 1-2 working days from dispatch.
MPL Parcel vending machine:
The MPL Parcel Vending Machine allows you to pick up your order quickly by entering the code and phone number you receive in your SMS and picking it up at any time.
More information: https://www.posta.hu/csomagautomata
MOL and Coop Posta Point:
- At most MOL Posta Points you can pick up your parcel 24 hours a day, at Coop Posta Points 12 hours a day. Click here to see, which is the most suitable for you
- You will be notified by SMS or email as soon as your parcel arrives
- Easily accessible pick-up points
- Easy, free parking at petrol stations
- You can also pay by credit card at MOL and Coop Posta Points
The maximum weight of the package is 20 kg. If you exceed 20 kg, we cannot offer this delivery method!
FoxPost:
Available mainly in shopping centres, the FoxPost parcel machine allows easy, convenient and time-saving parcel delivery.
More information: http://www.foxpost.hu/csomagatvetel-hogyan/
Deadline:
The delivery time is 2-6 working days from the date of order confirmation. Any deviation from this deadline will be notified by e-mail.
Reservation and reservation of rights:
If you have previously ordered a product from us but did not receive it on delivery (except in the case where you have exercised your right of withdrawal) or the parcel was returned to us marked "Not wanted", we will fulfil the order provided that the purchase price and delivery costs are paid in advance.
We may withhold 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, we will notify the Consumer to pay the purchase price in addition.
Foreign sales:
I do not sell abroad.
Consumer information pursuant to Government Decree 45/2014 (II. 26.):
Information on the Consumer's right of withdrawal:
As a consumer, the Civil Code. 8:1 § 1, paragraph 1, point 3, only natural persons acting outside the scope of their profession, self-employment or business activity are considered to be consumers, and therefore legal persons may not exercise the right to withdraw without giving reasons!
The Consumer has the right to withdraw from the contract without giving any reason pursuant to Article 20 of Government Decree 45/2014 (26.II.). The Consumer may exercise his right of withdrawal in the case of a contract for the sale of goods within 14 days from the date of receipt of the goods.
The Consumer may also exercise his right of withdrawal during the period between the conclusion of the contract and the date of receipt of the product.
If the Consumer has made an offer to conclude the contract, he has the right to withdraw the offer before the conclusion of the contract, which terminates the obligation to make an offer to conclude the contract.
Withdrawal notice, Consumer's right of withdrawal and termination:
The Consumer may exercise the right provided for in Article 20 of Government Decree 45/2014 (26.II.) by means of a declaration to this effect.
Validity of a consumer withdrawal notice:
The right of withdrawal is deemed to have been exercised within the time limit if the Consumer sends us a declaration within the time limit (14 days).
The burden of proving that the Consumer exercised his right of withdrawal in accordance with this provision is on the Consumer.
Upon receipt of the Consumer's notice of withdrawal, we will confirm electronically to the Consumer the fact of the exercise of the right of withdrawal and the acknowledgement of the exercise of the right of withdrawal.
Our obligation in the event of withdrawal by the Consumer:
Our refund obligation:
If the Consumer withdraws from the contract pursuant to Article 22 of Government Decree 45/2014 (26.II.), Our Company shall refund the total amount paid by the Consumer, including the costs related to the performance, such as the delivery fee, within 14 days of the date of the notification of withdrawal. Please note that this provision does not apply to any additional costs caused by choosing a delivery method other than the usual, less costly delivery method.
How our company is obliged to refund:
In the event of cancellation/cancellation pursuant to Article 22 of Government Decree 45/2014 (26.II.), our Company will refund the amount refunded to the Consumer in accordance with the payment method used by the Consumer. Subject to the Consumer's approval, our Company may use another method of payment for the refund, but the Consumer shall not be charged any additional fee. We shall not be liable for any delay due to a bank account number or postal address incorrectly provided by the Consumer.
Additional costs:
If the Consumer chooses a delivery method other than the usual, less costly delivery method, we are not obliged to refund the additional costs incurred. In such cases, we shall be liable to reimburse you up to the amount of the standard delivery charges indicated.
Right of retention:
We may withhold any refund due to the Consumer until the Consumer has returned the product or provided clear proof that the product has been returned. We do not accept parcels sent COD or postage paid.
In case of withdrawal/cancellation of the consumer's obligations:
Product return:
If the Consumer withdraws from the contract pursuant to Article 22 of Government Decree 45/2014 (26.II.), the product must be returned immediately, but no later than 14 days from the date of withdrawal, or handed over to a person authorised by our Company to receive the product. The return shall be deemed to have been completed within the time limit if the Consumer returns the product before the expiry of the time limit.
Costs related to the return of the product:
The cost of returning the product is to be borne by the Consumer. The product must be returned to our Company's address. If the Consumer terminates the contract after the start of performance, he shall pay to our Company a fee proportionate to the service provided up to the date of notification of termination to our Company. The amount to be paid by the Consumer in proportion to the total amount of the consideration agreed in the contract plus tax shall be determined on the basis of the total amount of the consideration plus tax. If the Consumer proves that the amount so determined is too high, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. We do not accept parcels sent by cash on delivery or postage paid.
Consumer responsibility for depreciation:
The Consumer shall be liable for depreciation resulting from use beyond the use necessary to establish the nature, characteristics and functioning of the product.
The right of withdrawal cannot be exercised in the following cases:
Please note that you may not exercise your right of withdrawal in the cases provided for in Article 29 (1) of Government Decree 45/2014 (II.26.):
- In the case of alcoholic beverages, the fair value of which is subject to market price fluctuations beyond our control and the price of which has been agreed between the parties at the time of the conclusion of the sales contract, but the contract is not performed until 30 days after the conclusion of the sales contract
- In the case of a product or service that is subject to fluctuations in the money market, which is beyond our control, and which may be withdrawn within a certain period of time
- For newspapers, periodicals, periodicals, except subscription contracts
- By their nature, in the case of products which are inseparably mixed with other products after transfer
- Except for residential services, contracts for the provision of accommodation, car rental, transport, catering, leisure services, where a deadline/deadline for performance is specified in the contract
- In the case of the sale of sound or video recordings, computer software in sealed packaging, if the Consumer has opened the packaging after delivery
- In the case of a product which is not prefabricated, manufactured on the instructions or at the request of the Consumer, or a product which is personalised for the Consumer
- In the case of digital data content provided on a non-tangible medium, if Our Company has commenced performance with the express prior consent of the Consumer and the Consumer has declared at the same time as giving his consent that he acknowledges that he loses his right of withdrawal after the commencement of performance
- For contracts concluded at public auction
- For perishable products or products with a short shelf life
- In the case of a contract for the provision of a service, after the service has been performed in its entirety, if our Company has commenced performance with the express prior consent of the Consumer and the Consumer has acknowledged that he/she will lose the right to terminate the contract after the service has been performed in its entirety
- In the case of a contract for work where we visit the Consumer at the express request of the Consumer to carry out urgent repair/maintenance work
- For sealed products that cannot be returned after opening after delivery for health or hygiene reasons
Warranty, product warranty, guarantee:
This section of the Consumer Information has been prepared pursuant to the authorisation of Article 9(3) of Government Decree No. 45/2014 (II.26.), using Annex 3 of Government Decree No. 45/2014 (II.26.).
Accessories warranty:
In which cases can you exercise your right to a warranty?
In the event of defective performance by us, you may claim against us under the relevant provisions of the Civil Code.
What rights do you have under a warranty claim?
You can make the following warranty claims:
You may request a repair or replacement, unless the option you choose is impossible or would impose a disproportionate additional cost on us.
You may switch from one warranty right to another, but you will bear the cost of the switch unless it was justified or justified by us.
What is the time limit for you to claim your warranty?
It is your responsibility to report the fault immediately after it is discovered, and at the latest within 2 months. You may not claim any rights to claim damages beyond the 2-year limitation period from the date of performance of the contract.
If the subject matter of the contract between the Consumer and our Company is second-hand goods, the parties may agree on a shorter limitation period, but no shorter than 1 year may be agreed.
Who can you claim against?
You may assert a warranty claim against us.
What are the other conditions for enforcing your rights under the warranty?
Within 6 months from the date of performance, you can claim for a replacement warranty on the basis of the defect, provided that you prove that the product or service was provided by us. However, after 6 months from the date of performance, you must prove that the defect existed at the time of performance.
Used products are subject to different rules on warranties and guarantees. Defective performance may also exist for used products, but the circumstances under which the Customer could have expected certain defects to occur must be taken into account. As a result of obsolescence, the occurrence of certain defects is becoming more frequent. The Buyer may only assert his right of warranty for defects which are additional to and independent of defects arising from use. If the second-hand product is defective and the Consumer was informed of the defect at the time of purchase, we shall not be liable.
Product warranty:
In which cases can you exercise your right to a product guarantee?
In the event of a defect in a movable item/product, you can choose to claim under either the accessories warranty or the product warranty.
What rights do you have under your product warranty claim?
As a product warranty claim, you can only ask for the defective product to be repaired or replaced.
In which cases is the product considered defective?
A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.
What is the deadline for you to claim under the product warranty?
You have 2 years from the date the product was placed on the market by the manufacturer to make a product warranty claim. After this period, you lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You can only exercise your warranty claim against the manufacturer/distributor of the movable item. You must prove that the product is defective in order to make a product warranty claim.
In what cases is the manufacturer/distributor exempted from its product warranty obligations?
The manufacturer/distributor is only exempted from its product warranty obligation if it can prove that:
- The defect was not detectable at the time of marketing according to the state of science and technology
- The defect in the product results from the application of a legal or regulatory requirement
- The product was not manufactured or marketed in the course of its business
The manufacturer/distributor only needs to prove 1 reason for exemption.
Please note that you cannot claim both a warranty and a product warranty for the same defect at the same time. However, if you are successful in a product warranty claim, you can claim against the manufacturer for the replaced product/repaired part.
Goodwill:
In which cases can you exercise your right to a guarantee?
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 consumer durables.
The legislation provides for the provision of a guarantee for consumer durables such as technical goods, machinery, tools, etc., the purchase price of which exceeds HUF 10,000.
What are your rights under the warranty and within what time limits?
Government Decree 151/2003 (IX. 22.) on the mandatory warranty for consumer durables defines the cases of mandatory warranty. We do not provide warranty for products outside this scope. Warranty claims can be made within the warranty period. If the person obliged to provide the guarantee does not fulfil his/her obligation within a reasonable period of time after being requested to do so by the person entitled to do so, the guarantee claim may be enforced in court within 3 months of the expiry of the period specified in the request, even if the guarantee period has already expired. Failure to comply with this time limit shall result in forfeiture of the right. The rules applicable to the exercise of the rights under a warranty of fitness shall apply to the enforcement of the warranty claim. The duration of the guarantee shall be 1 year. Failure to observe this period shall result in forfeiture of rights. The warranty period shall start on the day of delivery of the consumer goods to the Consumer or the day of installation (if carried out by our Company). For matters relating to warranty beyond one year, please contact the manufacturer.
What is the relationship between warranties and other warranty rights?
Warranty applies in addition to warranty rights (product or accessory warranty). The difference between warranty rights and warranty is that the burden of proof is lower for the Consumer in the case of warranty.
Consumer goods covered by the mandatory warranty under Government Decree 151/2003, which are fixed, or which weigh more than 10 kg or cannot be transported as hand luggage on public transport, with the exception of vehicles, must be repaired at the place of use. If the repair cannot be carried out at the place of use, the repair service shall arrange for dismantling, installation, removal and return.
Our undertaking shall not, within the period of the mandatory warranty, contain terms and conditions more disadvantageous to the Consumer than those provided for in the rules of the mandatory warranty. After the expiry of this period (1 year), the conditions of the voluntary guarantee may be freely defined, but the guarantee may not adversely affect the Consumer's statutory rights (based on the warranty of fitness).
Requires replacement within three working days:
You have the right to exchange the product within 3 working days.You may request an exchange within 3 working days for durable consumer goods covered by Government Decree 151/2003 (22.IX.), which states that if you request an exchange within 3 working days, we must interpret this as meaning that the product was defective at the time of sale and we must replace the product without further action.
When is our company released from its warranty obligations?
We will only be released from our warranty obligation if you can prove that the cause of the defect arose after performance.
Please note that you may not make a warranty claim and a guarantee claim or a product warranty and a guarantee claim for the same defect at the same time. Your rights under the warranty are independent of your warranty rights.