General contractual conditions

Introduction, masthead

https://timelesschrono.hu/
in force from 2023-04-18

Introduction

We will do our best to ensure that your purchase meets or exceeds your expectations from order to delivery and beyond. Nevertheless, we ask you to read this document carefully, because by finalising your order you accept the contents of these GTC.

If you have any questions about these Terms and Conditions, the use of the website, the products, the purchase procedure or if you would like to discuss your specific needs with us, please contact us using the contact details provided.

masthead

Details of the Service Provider (Seller, Company)

  • Name: Gรกbor Bertalan EV.
  • Registered office: 2045 Tรถrรถkbรกlint, Hรกrsfa utca 28.
  • Postal address: 2045 Tรถrรถkbรกlint, Hรกrsfa utca 28.
  • Registration number: 58138733
  • Tax number: 41899694-2-33
  • Community tax number: HU41899694
  • Phone number: +36 70153 8880
  • E-mail: [email protected]
  • Web: https://timelesschrono.hu/
  • Bankszรกmlaszรกm: 10918001-00000122-13090006
  • IBAN (HUF): HU14 1091 8001 0000 0122 1309 0006
  • SWIFT: BACXHUHB
  • Bank: Unicredit bank

Concepts, Relevant legislation, Validity, Language  

Concepts

  • Parties: seller and buyer jointly
  • Consumer: a natural person acting outside the scope of his/her profession, self-employment or business activity
  • Consumer contract: a contract where one of the parties is a consumer
  • Website: this website, which is used to conclude the contract
  • Contract: Contract of sale between the Seller and the Buyer using the Website and electronic mail
  • Device for remote communication: a device that enables the parties to make a contractual statement in their absence for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements with order forms published in printed matter, catalogues, telephones, faxes and Internet access devices
  • Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only to conclude the contract
  • Product: any marketable movable property included in the offer of the Website and intended for sale on the Website, which is the subject of the Contract
  • Business: a person acting in the course of his or her profession, self-employment or business
  • Buyer/s: the person who enters into a contract by submitting a purchase offer via the Website
  • Standstill: for contracts concluded between a consumer and a business (hereinafter: consumer contract), the Civil Code,
  • 1.a) a guarantee for the performance of the contract which the undertaking voluntarily assumes for the proper performance of the contract, in addition to its statutory obligation or in the absence thereof, and
  • 2.b) the statutory mandatory warranty

Relevant legislation

The Contract shall be governed by the provisions of Hungarian law, and in particular by the following legislation:1997. CLV. law on consumer protection 2001. CVIII. Act on certain aspects of electronic commerce services and information society services 2013. Act V of 2003 on the Civil Code 151/2003. (IX.22.) Government Decree on mandatory warranty for consumer durables 45/2014. (II.26.) Government Decree on the detailed rules of contracts between consumers and businesses 19/2014. (IV.29.) NGM Decree on the procedural rules for the handling of warranty and guarantee claims in respect of goods sold under a contract between a consumer and a business 1999. LXXVI. law on copyright 2011. CXII. Act on the Right to Information Self-Determination and Freedom of Information REGULATION (EU) No 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 December 2018 on the right to information February 28.) on combating unjustified territorial content restrictions and other forms of discrimination based on the nationality, residence or domicile of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation)

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Scope of the GTC, adoption

The content of the contract concluded between us shall be governed by these General Terms and Conditions (hereinafter “GTC”), in addition to the provisions of the applicable mandatory legislation. Accordingly, these GTC contain your and our rights and obligations, the terms of the contract, the time limits for performance, the delivery and payment terms, the liability rules and the conditions for exercising the right of withdrawal. The technical information necessary for the use of the Website, which is not included in these GTC, is provided by other information available on the Website. You must read the provisions of these GTC before finalising your order. By making a purchase through our online store, you agree to the provisions of these GTC and the GTC shall form an integral part of the contract between you and the Seller.

Language of the contract, form of the contract

The language of the contracts covered by these GTC is Hungarian. Contracts covered by these GTC are not written contracts and are not registered by the Seller.

Prices, procedure in case of incorrect price

Prices

Prices are in HUF and include 27% VAT. Prices are indicative.

The possibility that the Seller may change the prices for commercial policy reasons cannot be excluded. Price changes do not apply to contracts already concluded. In case the Seller has indicated the price incorrectly, he will proceed on the basis of the “Procedure for incorrect price” clause of the GTC in the case of contracts already concluded.

Procedure in case of incorrect price

Obviously incorrectly indicated prices are: a price of 0 HUF, a price reduced by a discount but incorrectly indicating the discount (e.g.: a product offered for 500 HUF in the case of a 1000 HUF product with a 20% discount). In the case of an incorrect price indication, the Seller offers the possibility to purchase the product at the real price, in the knowledge of which the Customer may decide whether to order the product at the real price or to cancel the order without any adverse legal consequences.

Complaints and redress

The consumer may submit consumer complaints about the product or the Seller’s activities to the following contact details:

Online dispute resolution platform

The European Commission has set up a website where consumers can register to resolve their online shopping disputes by filling in an application form, avoiding the need to go to court. This allows consumers to enforce their rights without being prevented from doing so, for example, by distance. If you want to make a complaint about a product or service you bought online and don’t necessarily want to go to court, you can use the online dispute resolution tool.

On the portal, you and the trader you have complained against can jointly choose the dispute resolution body you want to entrust with handling your complaint. The online dispute resolution platform is available here:

https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

Court proceedings. The customer is entitled to enforce his/her claim arising from a consumer dispute before a court in civil proceedings in accordance with the provisions of the Civil Code 2013. Act V of 2016 on the Code of Civil Procedure and the 2016. CXXX. according to the provisions of the law.

Please note that you can lodge a consumer complaint with us.

If your consumer complaint is rejected, you also have the right to refer it to the Conciliation Body competent for your place of residence or domicile: the conciliation procedure can only be initiated if the consumer tries to settle the dispute directly with the business concerned. The conciliation body designated in the consumer’s application is competent to take action on the basis of the consumer’s request instead of the competent body. Businesses have a duty to cooperate in the conciliation procedure, including the obligation to send a reply to the conciliation body’s request and the obligation to appear before the conciliation body (‘to ensure the attendance of a person authorised to negotiate a settlement at a hearing’).Where the seat or establishment of the business is not registered in the county of the chamber of the competent territorial conciliation body, the obligation of cooperation of the business includes offering the possibility of a written settlement in accordance with the consumer’s request.

In the event of a breach of the above duty to cooperate, the consumer protection authority has the power to impose mandatory fines on businesses for infringing the law, and no possibility to waive fines. In addition to the law on consumer protection, the relevant provision of the law on small and medium-sized enterprises has also been amended, so that fines can be imposed on small and medium-sized enterprises. 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 annual net turnover of an enterprise with an annual net turnover exceeding HUF 100 million, but not exceeding HUF 500 million for non-small and medium-sized enterprises subject to the Accounting Act. By introducing mandatory fines, the legislator aims to strengthen cooperation with conciliation bodies and to ensure the active participation of businesses in the conciliation procedure. The conciliation body is responsible for settling consumer disputes out of court. The role of the conciliation body is to attempt to reach an agreement between the parties to resolve the consumer dispute and, if this is not successful, to rule on the case in order to ensure the simple, quick, efficient and cost-effective enforcement of consumer rights. The conciliation body advises consumers or businesses on their rights and obligations at their request. The conciliation body’s proceedings are initiated at the request of the consumer. The request must be made in writing to the chairman of the conciliation body: the requirement of written form may be met by letter, telegram, telex, telefax or any other means which permits the recipient to store the data permanently for a period of time adequate for the purposes for which it was intended and to display the data in unchanged form and content.

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The application must include

a.the name, residence or domicile of the consumer,

b.the name, registered office or place of business of the business involved in the consumer dispute,

c.if the consumer has requested the designation of the competent conciliation body instead of the body having jurisdiction,

d.a brief description of the consumer’s position, the facts supporting it and the evidence in support of it,

e.a statement by the consumer that the consumer has attempted to resolve the dispute directly with the business concerned

f.a declaration by the consumer that no other conciliation body has been involved in the case, that no mediation procedure has been initiated, that no statement of claim has been lodged or that no application for an order for payment has been made,

g.a motion for a decision of the Board,

h.the signature of the consumer.

The request must be accompanied by the document or a copy (extract) of the document to the content of which the consumer refers as evidence, in particular the written statement of the undertaking rejecting the complaint or, failing this, any other written evidence available to the consumer of the attempt to reach the required conciliation.

If the consumer acts through an authorised representative, the authorisation must be attached to the request.

More information on the Conciliation Boards is available here:

http://www.bekeltetes.hu

For more information on the local Conciliation Boards, click here:

https://bekeltetes.hu/index.php?id=testuletek

Copyrights

The Copyright Act 1999. LXXVI. Act (hereinafter referred to as “the Act”) 1. ยง (1) of the EU Copyright Act, the website is a copyright work and all parts of it are protected by copyright. According to Art. 16. ยง (1) of the website, the unauthorised use of graphic and software solutions, computer program creations or any application that may be used to modify the website or any part of it is prohibited. Any material may be reproduced from the website and its database only with the written consent of the copyright holder and with a reference to the website and acknowledgement of the source.

The rightholder is Bertalan Gรกbor EV.

Partial invalidity, code of conduct

If a clause of the GTC is legally invalid or ineffective, the remaining clauses of the contract remain in force and the provisions of the applicable legislation apply in place of the invalid or defective part. The Seller does not have a code of conduct under the Unfair Commercial Practices Act.

How digital content works, technical protection measures

The availability of the servers providing the data displayed on the website is above 99.9% per year. A backup of the entire data content is made regularly, so that the original data content can be restored in the event of a problem. The data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data is stored with the appropriate level of encryption and encrypted using hardware support built into the processor.

Information on products

Information on the essential characteristics of products

On the website, information on the essential characteristics of the products available for purchase is given in the descriptions of each product.

Using the website – how to buy

  • Product selection

The website provides product demonstration and online ordering facilities for Users.

You can browse the website using the User menus. The products are sorted by category. In the Special offers category you will find all the products available in the store. For each product, the promotion start date and expiry date are indicated separately, or the start date and while stocks last. Under the More for less menu you will find the products for which the store offers a quantity discount for orders of more than one item. In the News section, you can find new products added to the website’s range.

Click on the category name to see the list of products in that category. If all the products in a category do not fit on a single page, you can scroll by using the numbers above and below the products. From the product list, you can access the detailed product page by clicking on the product name, where you can find detailed information about the features and price of the product you wish to order. On the website you can search for products by keyword. Product results that match your search criteria are displayed in a list like categories. The selected product can be added to the basket by pressing the basket button, and the number of items required can be set next to the button. The User can check the contents of the shopping cart by selecting Shopping Cart. Here you can change the quantity of the product you wish to order from the basket or delete the item. You can also use the Empty basket button to empty the basket completely. The User can continue the purchase process by clicking on the Order button. As a second step, you can log in, register and purchase without registering. In case of registration or purchase without registration, the User must provide the following information: e-mail address, name, telephone number, billing address and, if different, delivery address. In addition to the above information, registration also requires a password. The User will be informed of successful registration by e-mail and on the website. The User may request the cancellation of his/her registration by e-mail from the Service Provider, in which case he/she will have to re-register for a new purchase. The User is responsible for keeping the access data confidential. The User shall be responsible for updating his/her data and shall notify the Service Provider if he/she becomes aware that his/her data has been misused by a third party. If you have forgotten your password, you can request a new password on the website to the registered e-mail address. If the User has previously registered on the website, the order process can be continued by entering his/her e-mail address and password. As a next step in the ordering process, the User must choose the payment and delivery method that suits him/her. A summary page allows the User to check all the data previously provided, the products to be ordered and their quantity. In case of data entry errors, use the pencil icon to correct the data.

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If everything is correct, you can finalise your order by clicking on the Submit Order button. You will receive confirmation of this on the website or by e-mail. If after the order has been recorded (e.g. in the confirmation e-mail) you notice any incorrect data, you must notify the Service Provider immediately, but within 24 hours at the latest. Regardless of the ordering intention, the User can log in using the Customer Login window or the Login Menu item. After logging in, you will see a Change details menu where you can change the details you entered during registration, as well as track the details and status of your placed order.

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  • Finalising the order (making an offer)

If you are satisfied that the contents of your shopping cart correspond to the products you wish to order and that your details are correct, you can complete your order by clicking on the “Place order” button. The information provided on the website does not constitute an offer to enter into a contract on the part of the Seller. For orders covered by these GTC, you are considered to be the tenderer. By clicking on the “Place Order” button, you expressly acknowledge that your offer is deemed to have been made and that your declaration will be subject to payment in the event of confirmation by the Seller in accordance with these GTC. You will be bound by your offer for 48 hours. If your offer is not confirmed by the Seller within 48 hours in accordance with these general terms and conditions, you are released from your obligation to bid.

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  • Processing of the order, conclusion of the contract

Orders are processed in two stages. You can place your order at any time. You will first receive an automated confirmation of your order, which only records the fact that your order has been received via the website, but this confirmation does not constitute acceptance of your offer. If you notice that the automatic confirmation e-mail notification contains incorrect information about you (e.g. name, delivery address, telephone number, etc.), you are obliged to notify us immediately by e-mail, together with the correct information. If you do not receive an automatic confirmation email within 24 hours of placing your order, please contact us as your order may not have been received for technical reasons. After sending your offer, the Seller will confirm your offer by a second e-mail. The contract is concluded when the confirmation email sent by the Seller becomes available to you in your mail system (second confirmation).

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Payment and delivery terms


Payment methods

  • PayLike – online credit card payment

PayLike (P. O. Pedersensvej 14, Aarhus, Denmark) offers a secure and flexible online payment solution for VISA or Mastercard cards.

  • Direct bank transfer

You can also pay for the products by bank transfer. The details required for the transfer:

Beneficiary’s bank: UniCredit Bank

Beneficiary name: Bertalan Gรกbor EV

Registration number: 58138733

Tax number: 41899694-1-33

Beneficiary’s account number: 10918001-00000122-13090006

  • Cash on delivery or by credit card

If you wish to pay for the value of your order on receipt of your parcel, please choose the “Cash on delivery” payment method.

  • Cash payment

It is possible to pay the price of the product in cash at our headquarters.

Delivery and collection methods, fees  

  • Hungarian Post courier service

Within Hungary, your order will be delivered free of charge to your address, post office, postal point or parcel machine. The product will be delivered by Magyar Posta courier service within 2-5 working days. You will not be charged any fees.

If the delivery is within the European Union, we will also deliver your order free of charge within 5-7 working days. You will not be charged any fees.

  • Fรกma courier service

Your order will be delivered free of charge within Hungary. The product will be delivered by Fรกma courier service within 2-5 working days. You will not be charged any fees.

If the delivery is within the European Union, we will also deliver your order free of charge within 5-7 working days. You will not be charged any fees.

For deliveries outside the European Union, please contact us for a custom quote at [email protected]

  • Foxpost parcel machine

You can also request your order to be delivered to a Foxpost parcel machine, we can deliver your parcel within 2-5 working days, similar to home delivery.

  • Personal receipt

You can also pick up your order at our premises by prior arrangement.

Reservation of rights, reservation of ownership 

If you have previously ordered a Product but did not receive it at the time of delivery (not including where you have exercised your right of withdrawal) or the Product has been returned to the Seller with no indication that you have not requested it, the Seller will make the fulfilment of the order conditional on the payment in advance of the purchase price and delivery costs. The Seller may withhold delivery of the Product until it is satisfied that the price of the Product has been successfully paid using the electronic payment solution (including in the case of products paid for by bank transfer, where the Buyer transfers the purchase price in the currency of the Member State in which the product is sold and the Seller does not receive the full amount of the purchase price and delivery charges due to the conversion and bank commissions and costs). If the price of the Product has not been paid in full, the Seller may request the Buyer to supplement the purchase price.

Sales abroad

Seller does not distinguish between buyers within Hungary and buyers outside the European Union by using the Website. Unless otherwise provided for in these GTC, the Seller shall ensure the delivery/collection of the ordered products in Hungary. The provisions of this GTC shall also apply to purchases made outside Hungary, provided that, for the purposes of this clause, a consumer is a national of a Member State or a business established in a Member State who purchases goods or services within the European Union solely for the purpose of final consumption or for the purpose of using them or acting with such intentions, in accordance with the provisions of the relevant Regulation. A consumer is a natural person who is acting for purposes which are outside the scope of his commercial, industrial, craft or professional activities.

The language of communication and purchase shall be primarily Hungarian, Seller is not obliged to communicate with Buyer in the language of Buyer’s Member State.

The Seller is not obliged to comply with or inform the Buyer of any non-contractual requirements, such as labelling or sector-specific requirements, laid down in the national law of the Buyer’s Member State in relation to the Product concerned.

Seller shall apply Hungarian VAT to all Products unless otherwise specified. The Customer may exercise his/her enforcement rights in accordance with these GTC. In the case of electronic payment, payment is made in the currency specified by the Seller,

The Seller may withhold delivery of the Product until it is satisfied that the price of the Product and the delivery fee have been successfully and fully paid using the electronic payment solution (including in the case of products paid by bank transfer, where the Buyer transfers the purchase price (delivery fee) in the currency of the Member State of the Seller and the Seller does not receive the full amount of the purchase price due to the conversion and bank commissions and costs). If the price of the Product has not been paid in full, the Seller may request the Buyer to supplement the purchase price.

Seller will provide the same delivery facilities to non-Hungarian buyers as to Hungarian buyers in order to deliver the Product.

If the Customer may request delivery of the Product to Hungary or any other European Union Member State in accordance with the GTC, the non-Hungarian Customer may also request delivery by any of the means of delivery indicated in the GTC.

If the Customer may choose to collect the Product in person from the Seller in accordance with the GTC, this is also available to non-Hungarian customers.

Otherwise, the Customer may request that the Product be shipped abroad at his/her own expense. Hungarian customers do not have this right.

The Seller shall fulfil the order after payment of the delivery fee, if the Customer does not pay the delivery fee to the Seller or does not arrange his own delivery by the agreed date, the Seller shall terminate the contract and refund the prepaid purchase price to the Customer.

Correction of data entry errors – Responsibility for the accuracy of the data provided

During the ordering process, before finalizing the order, you will always have the opportunity to modify the data you entered (clicking the back button in the browser will open the previous page, so you can correct the data entered even if you have already moved to the next page).Please note that it is your responsibility to ensure that the data you enter are entered accurately, since the product will be invoiced and shipped based on the data you provide. By placing an order, you acknowledge that the Seller is entitled to charge you for all damages and costs resulting from your incorrect data entry or inaccurate data. The Seller excludes any liability for performance based on inaccurate data entry. Please note that an incorrectly entered e-mail address or a saturation of the storage space associated with the mailbox may result in non-delivery of the confirmation and may prevent the conclusion of the contract.

Consumer information on the 45/2014. (II. 26.) Korm. under the Regulation

  • Information on the consumer’s right of withdrawal

As a consumer, the Civil Code. According to Article 8:1, paragraph 1, point 3 of the Civil Code, only natural persons acting outside the scope of their profession, self-employment or business activity are considered as consumers, so legal persons may not exercise the right of withdrawal without giving reasons!According to Article 20 of Government Decree 45/2014 (26.II.), consumers have the right of withdrawal without giving reasons. The consumer may exercise his right of withdrawal a) in the case of a contract for the sale of goods, aa) within a time limit of 14 days from the date of the last delivery of the goods, ab) in the case of the sale of several goods, if the delivery of each of the goods takes place at a different time, the time limit being 14 days from the date of the last delivery of the goods by the consumer or a third party other than the carrier and indicated by the consumer. Nothing in this point shall affect the consumer’s right to exercise his right of withdrawal under this point during the period between the date of conclusion of the contract and the date of receipt of the goods. If the consumer has made an offer to conclude the contract, the consumer shall have the right to withdraw the offer before the conclusion of the contract, which shall terminate the obligation to make an offer to conclude the contract.

  • Cancellation notice, exercise of the consumer’s right of withdrawal or termination

The consumer is entitled to the 45/2014. (II. 26.) Korm. Regulation 20. ยง by means of a clear declaration to this effect or by using the declaration template which can also be downloaded from the website.

  • Validity of the consumer’s withdrawal

The right of withdrawal shall be deemed to have been exercised within the time limit if the consumer sends his declaration within the time limit. The deadline is 14 days. The burden of proving that the consumer exercised his right of withdrawal in accordance with this provision is on the consumer. The Seller must acknowledge the consumer’s withdrawal immediately upon receipt on an electronic medium, provided that the consumer is also given the right of withdrawal on his website.

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Obligations of the Seller in the event of withdrawal by the consumer

  • Seller’s obligation to refund

If the consumer is a party to the 45/2014. (II. 26.) Korm. Regulation 22. ยง-withdraws from the contract in accordance with ยง, the Seller shall reimburse the full amount paid by the consumer as consideration, including the costs incurred in connection with the performance, including delivery charges, within fourteen days of becoming aware of the withdrawal at the latest. Please note that this provision does not apply to the additional costs caused by choosing a mode of transport other than the least costly usual mode of transport.

  • How the Seller is obliged to refund

A 45/2014. (II. 26.) Korm. Regulation 22. ยง-In the event of withdrawal or termination in accordance with ยง, the Seller shall refund the amount due to the consumer in the same way as the consumer used the payment method. The Seller may, with the express agreement of the consumer, use another method of payment for the refund, but the consumer shall not be charged any additional fee. The Seller shall not be liable for any delays caused by incorrect and/or inaccurate bank account numbers or postal addresses provided by the Consumer.

  • Additional costs

If the consumer explicitly chooses a mode of transport other than the least costly usual mode of transport, the Seller is not obliged to reimburse the additional costs resulting from this. In such a case, we will be liable to refund you up to the amount of the standard delivery charges indicated.

In the event of withdrawal or termination of the consumer’s obligations

  • Returning the product

If the consumer is a party to the 45/2014. (II. 26.) Korm. Regulation 22. ยง-withdraws from the contract in accordance with ยง, shall return the goods immediately, but no later than fourteen days after the withdrawal, or hand them over to the Seller or to a person authorised by the Seller to take delivery of the goods. The return is deemed to have been completed on time if the consumer sends the product before the deadline.

  • Direct costs of returning the product

The consumer bears the direct cost of returning the product. The product must be returned to the Seller’s address. If the consumer terminates an off-premises or distance contract for the provision of a service after the service has begun, he must pay the undertaking a fee proportionate to the service provided up to the date of notification of the termination to the undertaking. The amount to be paid by the consumer on a pro rata basis shall be determined on the basis of the total amount of the consideration agreed in the contract plus tax. If the consumer proves that the total amount so determined is excessive, 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. Please note that we are unable to accept products returned by cash on delivery or postage paid.

  • Consumer liability for depreciation

The consumer is liable for depreciation resulting from use beyond the use necessary to establish the nature, characteristics and functioning of the product.

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The right of withdrawal cannot be exercised in the following cases

The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal in accordance with the provisions of the Government Decree 45/2014 (II.26.) Regulation 29. ยง. (1):

(a) in the case of a contract for the provision of a service, after the entire provision of the service has been completed, if the undertaking has begun the provision of the service with the consumer’s express prior consent and the consumer has acknowledged that he will lose his right of withdrawal after the entire provision of the service has been completed;

(b) in respect of a product or service whose price or charge is subject to fluctuations in the financial market which are beyond the control of the undertaking and which may occur during the period within which the right of withdrawal may be exercised;

(c) in the case of a product which is not a prefabricated product, which has been manufactured on the instructions or at the express request of the consumer, or a product which is clearly personalised for the consumer;

(d) in respect of perishable products or products which will keep their quality for a short period;

(e) in respect of a sealed product which, for health or hygiene reasons, cannot be returned after opening after delivery;

(f) in respect of a product which, by its nature, is inseparably mixed with other products after the transfer;

(g) in respect of an alcoholic beverage the real value of which is dependent on market fluctuations in a manner beyond the control of the undertaking and the price of which has been agreed between the parties at the time of conclusion of the sales contract, but the contract is not performed until thirty days after the conclusion of the contract;

(h) in the case of a contract for the provision of services where the undertaking, at the express request of the consumer, visits the consumer to carry out urgent repair or maintenance work;

i) for the sale of a copy of a sound or video recording or computer software in sealed packaging, if the consumer has opened the packaging after delivery;

j) in respect of newspapers, periodicals and periodicals, with the exception of subscription contracts;

k) for contracts concluded by public auction;

(l) in the case of a contract for the provision of accommodation, transport, car rental, catering or leisure activities, with the exception of services for residential purposes, where a deadline or period for performance has been fixed in the contract;

(m) in respect of digital content provided on a non-tangible medium, where the undertaking has begun performance with the consumer’s express prior consent and the consumer has, at the same time as giving his consent, acknowledged that he will lose his right of withdrawal once performance has begun.

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Warranty, product warranty, guarantee

  • In which cases can you exercise your right to a warranty?

In the event of defective performance by the Seller, you may claim against the Seller under the rules of the Civil Code.

  • What rights do you have under a warranty claim?

You may, at your option, make the following warranty claims:You may request repair or replacement, unless the remedy of your choice is impossible or would impose a disproportionate additional cost on the Seller compared to any other remedy. If you have not requested or could not request the repair or replacement, you may request a proportionate reduction in the price or you may have the defect repaired or replaced at the Seller’s expense or, as a last resort, you may withdraw from the contract.

You can switch from one warranty right to another, but you will bear the cost of the switch unless it was justified or the Seller gave a reason for it.

  • What is the time limit for you to claim your warranty?

You must notify us of the defect as soon as you discover it, but no later than two months after the defect is discovered. Please note, however, that you cannot claim any rights to claim damages beyond the two-year limitation period from the date of performance of the contract. If the object of the contract between the consumer and the business is second-hand goods, the parties may agree on a shorter limitation period; in this case, a limitation period of less than one year cannot be validly agreed.

  • Who can you claim against?

You may assert a warranty claim against the Seller.

  • What are the other conditions for enforcing your rights under the warranty?

Within six months from the date of performance, you can claim for a defect, but only if you prove that the goods or services were provided by the Seller. However, after six months from the date of performance, you will have to prove that the defect you discovered existed at the time of performance.

In the case of second-hand products, warranty and guarantee rights are usually different from the general rules. In the case of second-hand products, we can also speak of defective performance, but we must take into account the circumstances under which the Buyer could have expected certain defects to occur. As a result of obsolescence, the incidence of certain defects is increasing, which means that it cannot be assumed that a second-hand product can be of the same quality as a new one. On this basis, the Buyer may only assert warranty rights in respect of defects that are in addition to and independent of defects arising from use. If the used product is defective and the Consumer was informed of this at the time of purchase, the Service Provider is not liable for the known defect.

Product Warranty

  • In which cases can you use the the product warranty right to a product?

In the event of a defect in a movable item (product), you may, at your option, claim under the accessories warranty or the product warranty.

  • What rights do you have under a 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 product warranty claim?

You have two years from the date on which the product was placed on the market by the manufacturer to make a product warranty claim. After this time limit, you lose this right.

  • Against whom and under what other conditions can you claim product warranty claim?

You can only exercise your right to claim under a product warranty against the manufacturer or distributor of the movable item. You must prove that the product is defective in order to claim under a product warranty.

  • In which cases is the manufacturer (distributor) exempted product warranty from the obligation of product liability?

The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:

  • manufactured or placed the product on the market for purposes other than its business, or
  • the defect was not detectable according to the state of science and technology at the time it was placed on the market, or
  • the defect in the product results from the application of a legal or regulatory requirement.

The manufacturer (distributor) only needs to prove one reason for exemption. Please note that you may not claim for a warranty for accessories and a warranty for a product for the same defect at the same time. However, if your product warranty claim is successful, you can enforce your warranty claim against the manufacturer for the replaced product or repaired part.

Good standing

In which cases can you exercise your right to a guarantee?

Decree 151/2003 on the compulsory guarantee for certain consumer durables. (IX. 22.) Korm. Regulation, the Seller shall provide a guarantee in accordance with the provisions of Regulation No 1. in the case of the sale of new consumer durables (e.g. technical goods, tools, machines) and their accessories and components (hereinafter – for the purposes of this point – collectively referred to as consumer goods) within the scope of the list set out in Annex I to the VAT Directive.

What are your rights under the warranty and within what time limits?

  • Rights of standing

The Buyer is bound by the provisions of Section 151/2003. (IX. 22.) Korm. may, as a general rule, make a claim for repair and, in the cases listed in the “Rules for the handling of warranty claims”, replacement and reimbursement of money to the Seller.

The Buyer may also, at his/her option, submit his/her claim for repair directly to the Seller’s head office, any premises, branch or repair service indicated by the Seller on the warranty ticket.

  • Validation deadline

Warranty claims can be enforced during the warranty period, the warranty period is defined in Art.151/2003. (IX. 22.) Korm. Regulation:

  1. one year for a sale price of HUF 10 000 or more but not more than HUF 100 000,
  1. two years for a sale price exceeding HUF 100 000 but not exceeding HUF 250 000,
  1. Three years above the sale price of HUF 250 000.

Failure to comply with these deadlines will result in the loss of rights, but in the event of repair of the consumer goods, the warranty period will be extended from the date of delivery for repair by the time during which the Customer could not use the consumer goods as intended due to the defect.

The warranty period starts on the date of delivery of the consumer goods to the Buyer or, if the installation is carried out by the Seller or his agent, on the date of installation.

If the Customer puts the consumer goods into service more than six months after delivery, the warranty period starts on the date of delivery of the consumer goods.

  • Rules on the treatment of a warranty claim

In handling the repair, the Seller shall endeavour to make the repair within 15 days. The time limit for repair starts when the consumer goods are received.

If the duration of the repair or replacement exceeds fifteen days, the Seller must inform the Buyer of the expected duration of the repair or replacement.

If, during the warranty period, the first repair of the consumer goods by the Seller establishes that the consumer goods cannot be repaired, the Seller shall replace the consumer goods within eight days, unless the Buyer has agreed otherwise. If the consumer goods cannot be exchanged, the Seller is obliged to refund the purchase price indicated on the proof of payment of the purchase price of the consumer goods presented by the consumer – the invoice or receipt issued under the VAT Act – to the Buyer within eight days.

By accepting the GTC, the Customer agrees that the information may be provided to him/her by electronic means or by any other means that can be used to prove receipt by the Customer.

  • If the Seller is unable to repair the consumer goods within 30 days:
  • if the Customer has agreed to this, the repair can be carried out at a later date, or
  • if the Customer does not agree to the subsequent performance of the repair or has not made a declaration to this effect, the consumer goods must be replaced within eight days of the expiry of the 30-day period without result, or
  • if the Customer does not agree to the subsequent performance of the repair or has not made a declaration to this effect, but the consumer goods cannot be replaced, the sales price on the invoice or receipt for the consumer goods must be refunded to the Customer within eight days of the expiry of the 30-day period without result.
  • If the consumption Article 4. times the Customer is entitled to:
  • the Seller towards the repair requires to contact you, or
  • instead of a claim for rectification, the Civil Code 2013. Act V of 2006 6:159. ยง request a proportionate reduction of the purchase price from the Seller pursuant to paragraph (2)(b) of this Article, or
  • instead of a claim for rectification, the Civil Code 2013. Act V of 2006 6:159. ยง (2) paragraph b) to have the goods repaired or replaced at the Seller’s expense, or
  • if the Buyer does not exercise or has not declared these rights (repair, price reduction and other remedies at the Seller’s expense), 8. the consumer goods must be replaced within eight days, or, if the consumer goods cannot be replaced, the selling price shown on the invoice or receipt for the consumer goods must be refunded to him within eight days.
  • Exceptions

The rules under “Rules for handling a claim” do not apply to electric bicycles, electric scooters, quad bikes, motorcycles, mopeds, cars, motor caravans, caravans, motor caravans, caravans with trailers, trailers and motorised watercraft.

However, for these products, the Seller shall also endeavour to fulfil the repair request within 15 days.

If the duration of the repair or replacement exceeds fifteen days, the Seller must inform the Buyer of the expected duration of the repair or replacement.

What is the relationship between warranties and other warranty rights?

Warranty is in addition to warranty rights (product and accessory warranty), the fundamental difference between general warranty rights and warranty is that the burden of proof is lower for the consumer in the case of warranty.[Text Wrapping Break][Text Wrapping Break]According to the 151/2003 Korm. Consumer goods covered by the compulsory guarantee under the Regulation which are fixed, or which weigh more than 10 kg, or which cannot be carried 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 dismantling, installation, removal and return shall be carried out by the undertaking or, in the case of a repair request made directly to the repair service, by the repair service.[Text Wrapping Break][Text Wrapping Break]The seller’s undertaking during the period of the obligatory guarantee must not contain conditions for the consumer which are less favourable than the rights granted by the rules on obligatory guarantees. However, the conditions of the voluntary guarantee may be freely determined thereafter, but in this case the guarantee may not affect the consumer’s statutory rights, including those based on the warranty of fitness.

  • Request for replacement within three working days

In the case of sales via a webshop, the three working days exchange requirement also applies. A request for replacement within three working days is subject to the provisions of Art. (IX. 22.) Korm. Regulation on new consumer durables, according to which, if a person claims for a replacement within 3 working days, the seller must interpret this as meaning that the product was already defective at the time of sale and must replace the product without further action.

  • When is the Seller released from his warranty obligation?

The Seller shall be released from its warranty obligation only if it proves 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 claim for the same defect at the same time, but you will have the rights under the guarantee irrespective of the warranty rights.

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