Effective from: 01.08.2020
Introduction:
Please read our Terms and Conditions, as by placing your order you accept these terms!
If you have any questions about using our Webshop, the purchasing process, our products or our Terms and Conditions, please contact us using the details below:
Our company details:
Company name: Fagnes Térillatosítás Kft.
Registered office: 1054 Budapest, Honvéd u. 8.
Tax number: 26122117-2-41
Company registration number: 01-09-303077
Name of the registering authority: Fővárosi Törvényszék Cégbíróság (Company Registry Court of the Budapest-Capital Regional Court)
Company bank account number: 11713218-21452835
Name of representative:Fertőszögi Ágnes
Website address: www.fagnes.hu
E-mail address: info@fagnes.hu
Telephone number: +36 30-6412797
Hosting provider details: Rackforest Kft. (Address: 1132 Budapest,
Victor Hugo u. 18-22. Tax number: 14671858-2-41)
Definitions:
Parties: the Seller and the Consumer/Business together
Consumer: an adult natural person who has reached the age of 18 and is acting outside the scope of their trade, business or profession
Consumer contract: a contract in which one of the parties qualifies as a Consumer
Guarantee: in the case of a Consumer contract, under the Civil Code
- a guarantee going beyond the statutory obligation, i.e. one undertaken voluntarily for the proper performance of the contract
- a mandatory guarantee, which is based on statute
Contract: a contract of sale concluded between the Seller and the Consumer/Business using the Webshop and e-mail
Distance contract: a contract for the purchase of the product or the provision of the service that is the subject of the contract, concluded without the simultaneous physical presence of the parties, using a means of distance communication, within the framework of a distance selling scheme
Means of distance communication: a means suitable for making a contractual statement in the absence of the parties, e.g. a device providing internet access, a printed form, a catalogue, a telephone
Product: a marketable, tangible movable item in the stock of our Webshop that is intended for sale, can be taken into possession and is the subject of the Contract
Business: a person acting within the scope of their trade, business or profession
Webshop: our Webshop, on which the contract is concluded
Applicable 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 151/2003. (IX.22.) on the mandatory guarantee for durable consumer goods
- Act CXII of 2011 on the right to informational self-determination and on freedom of information
- Act V of 2013 on the Civil Code
- NGM Decree 19/2014. (IV.29.) on the procedural rules for handling warranty and guarantee claims relating to goods sold under a contract between a Consumer and a business
- 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 (27.04.2016) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, i.e. the General Data Protection Regulation
- Regulation (EU) 2018/302 of the European Parliament and of the Council (28.02.2018) on addressing unjustified geo-blocking and other forms of discrimination based on Consumers’ nationality, place of residence or place of establishment within the internal market, and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
Scope and acceptance of the Terms and Conditions:
In addition to the applicable legislation, the content of the contract to be concluded is also governed by our Terms and Conditions. Within this framework we summarise the rights and obligations of you and of us, the conditions of concluding the contract, the payment and delivery terms, the deadlines, the rules on liability, and the conditions for exercising the right of withdrawal.
By placing your order you accept our company’s Terms and Conditions, which form 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 Terms and Conditions.
Prices:
Prices are in Hungarian forints. Our company is VAT-registered; our prices are gross prices and include VAT. We reserve the right to change prices.
Complaint handling and means of legal redress:
The Consumer may send us any complaints concerning the product or our company’s activities via the following contact details:
- E-mail address: info@fagnes.hu
- Telephone number: +36 30-641-2797
The Consumer may submit a complaint to our company primarily in writing, but in certain cases also verbally. The complaint may concern the conduct, work or possible omission of a person acting on behalf of our company that is directly related to the distribution or sale of the product.
Our company will investigate a verbal complaint immediately and, where possible, resolve it. If the Consumer does not agree with the handling of the complaint, or if the complaint cannot be investigated immediately, our company will draw up a record of the complaint and of its position on it, and will provide the Consumer with a copy (handed over on the spot if the complaint was made in person). In the case of a complaint received by e-mail, it will be sent to the Consumer together with the reply within 30 days. Our company will reply to a written complaint in writing within 30 days of receipt. If the complaint is rejected, our company must give reasons for its position. Our company must assign a unique identification number to the complaint in the case of a verbal complaint made by telephone or via another electronic communications service.
The record of the complaint must contain:
- The place, method and time of submission of the complaint
- The Consumer’s name, address and contact details
- A detailed description of the Consumer’s complaint, and a list of the documents, papers and evidence
- Our company’s statement of its position on the Consumer’s complaint, if it can be investigated immediately
- The place and time the record was drawn up
- The signature of the person drawing up the record and of the Consumer – the latter only where the verbal complaint is made in person
- The unique identification number of the complaint – in the case of a verbal complaint made by telephone or via another electronic communications service
Our company keeps the record of the complaint and a copy of our reply for 5 years and presents them at the request of the supervisory authority.
If our company rejects the complaint, it will inform the Consumer in writing of which authority or Conciliation Board they may turn to with their complaint. The information includes the registered office, postal address and contact details (website, e-mail, telephone number) of the competent authority and of the Conciliation Board competent for the Consumer’s place of residence/stay, as well as our company’s position on making use of Conciliation Board proceedings to settle the Consumer dispute.
If the dispute between our company and the Consumer cannot be settled through negotiation either, the Consumer has the following further means of legal redress:
Consumer Protection Authority proceedings:
In the event of a breach of Consumer rights, the Consumer is entitled to lodge a complaint with the Consumer Protection Authority competent for their place of residence. After assessing the complaint, the authority decides whether to conduct consumer protection proceedings. First-instance authority tasks are performed by the district offices. Their contact details: http://jarasinfo.gov.hu/
Court proceedings:
The Consumer is entitled to enforce their claim arising from the dispute before a court in civil proceedings, 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 proceedings:
You are entitled to turn to the Conciliation Board competent for your place of residence/stay if we reject your Consumer complaint. A precondition for initiating proceedings is that the Consumer has attempted to settle the dispute directly with our company.
In Conciliation Board proceedings our company is under a duty to cooperate. Accordingly, at the request of the Conciliation Board our company is obliged to submit a written response and to appear at the hearing before the Conciliation Board, ensuring the attendance of a person authorised to reach a settlement.
If our company’s registered office/place of business is located outside the county of the chamber operating the territorially competent Conciliation Board, our company’s duty to cooperate extends to offering the possibility of a written settlement in line with the Consumer’s claim.
If we fail to fulfil the above duty to cooperate, the matter falls within the competence of the Consumer Protection Authority, under whose rules a mandatory fine applies to unlawful conduct by companies, and this cannot be waived.
The fine may range from 15,000 to 500,000 Ft for small and medium-sized enterprises, and for large companies with an annual net turnover exceeding 100 million Ft from 15,000 Ft up to 5% of the company’s annual net turnover, but no more than 500 million Ft.
The Consumer may request the initiation of Conciliation Board proceedings. The request must be submitted in writing (by letter, fax or telegram, or electronically via the Conciliation Board’s website) to the chair of the Conciliation Board.
The request must contain:
- The Consumer’s name, place of residence/stay and contact details
- The name and registered office/place of business of the company involved in the Consumer dispute
- The Consumer’s position and the related evidence and facts
- The Consumer’s statement that they have attempted to settle the dispute directly with the business concerned
- The Consumer’s statement that they have not initiated proceedings before another Conciliation Board in the matter, have not initiated mediation proceedings, have not filed a statement of claim and have not submitted an application for a payment order
- A motion for the Board’s decision
- The Consumer’s signature
- If the Consumer has requested a Board other than the competent Conciliation Board, an indication of that Board
The document, or a copy of it, whose content the Consumer relies on as evidence must in all cases be attached to the request (the company’s written statement rejecting the complaint or, if this is not available, the written evidence in the Consumer’s possession of the attempt at settlement).
If an authorised representative acts in the complaint matter, the power of attorney issued by the Consumer must be attached to the request.
Further information on the Conciliation Boards: http://www.bekeltetes.hu
E-mail address: bekeltetes@bacsbekeltetes.hu, mariann.matyus@bkmkik.hu
Budapest Conciliation Board (Budapesti Békéltető Testület)
Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Telephone number: 06-1 488-2131
Fax: 06-1 488-2186
Online dispute resolution platform:
On the website set up by the European Commission, after registering as a Consumer and completing the form found on the site, the Consumer can settle disputes relating to online purchases without initiating court proceedings. This is another way for Consumers to seek redress without the barriers of distance.
You can lodge a complaint concerning a product/service purchased online.
On this online dispute resolution platform you and the company you have complained about can jointly choose which dispute resolution body you entrust with handling the complaint.
The online dispute resolution platform is available at the following website: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Copyright:
Our website qualifies as a copyright work under Section 1 (1) of Act LXXVI of 1999 on Copyright, and every part of it is protected by copyright. The unauthorised use of the images, texts, software and graphic programs found on our website, as well as the use of malicious applications that modify our website, is prohibited under Section 16 (1) of the same Act. Please note that materials, images, videos and texts may be taken from our website or our database only with the written consent of the rights holder (Fagnes Térillatosítás Kft.) and with the source acknowledged.
Partial invalidity and code of conduct:
Should any point of our Terms and Conditions be legally incomplete/ineffective, the provisions of the applicable legislation shall govern that part. The remainder of the contract remains valid.
Our company does not have a code of conduct within the meaning of the Act on the prohibition of unfair commercial practices against Consumers.
Technical protection measures and the functioning of digital content:
The servers that provide the data displayed on our website have an availability of over 99.9% per year. The entire data content is backed up continuously, at regular intervals, so that in the event of a problem the original data can be restored. The data displayed on our website is stored in MySQL and MSSQL databases. Owing to its sensitive nature, this data is stored with encryption of appropriate strength, and hardware support built into the processor is used to encode it.
Product characteristics:
Information on the characteristics of the products offered for sale on our website is provided in the description on the page of the given product.
Correction of data entry errors and responsibility for the accuracy of data:
During the ordering process, before confirming the order, you have the opportunity to modify and correct the data you have entered. You are responsible for the accuracy of the data you provide. We issue the invoice on the basis of this data and deliver the product(s) to the address given as the delivery address. By placing your order you acknowledge that our company is entitled to pass on to you any damage and costs arising from data you have entered incorrectly. Our company excludes its liability for performance based on incorrect data entry. If the e-mail address is mistyped or your mailbox is full, the confirmation is deemed undeliverable, which may prevent the contract from coming into being.
Procedure in the event of an incorrect price:
Our company excludes its liability for any obviously incorrect price displayed despite all due care, or resulting from a malfunction of the IT system.
The following qualify as an obviously incorrect price:
- 0 Ft
- A price showing a discount incorrectly (e.g.: original price of the product: 3,000 Ft, discount: 20%, discounted price: 500 Ft, since in this case the correct price should be 2,400 Ft)
If an incorrect price has been displayed, our company will inform you of this and offer you the opportunity to buy the product at the correct price, so that, at your discretion, you can either order the product at the correct price or withdraw from the purchase without any consequences.
Using our Webshop:
Our Webshop provides the Customer with a presentation of the products (products with an image, description and price on the website) and the option to order online. You can browse our website via the menu system. Products are organised by category. Clicking on the name of a category displays the products in it. From the list page, you can find the detailed description of a product by clicking on its name. Our Webshop also allows you to search by keyword. For products on special offer, the start and end of the offer and the “while stocks last” notice are indicated.
If you would like to buy a product, you can do so by clicking the basket button (after setting the quantity, if you want more than one). You can view and check the products in your basket using View Basket. Here you can change the quantities or delete products. Clicking Empty Basket deletes the entire contents of the basket.
Once you have chosen the products you would like to order, you can place your order by clicking the Order button and logging in to the site, or, if you do not yet have an account, by creating a registration. When registering, the following details are required: name, address, billing address, delivery address, e-mail address, telephone number, password and tax number (for companies). We will send you an e-mail confirming successful registration.
The security of the login details is the Customer’s responsibility; the Customer is responsible for keeping their details up to date and must inform our company if a third party has misused their details. If you have forgotten your password, click the “Forgotten password” option, after which we will send a link to the Customer’s registered e-mail address; clicking on it lets you create a new password.
During the ordering process the Customer must select their preferred payment and delivery method. Immediately before approving the order, the Customer can check on the Order Summary page that the details are correct, as well as the products to be ordered and their quantities. If they wish to correct the details, they can do so by clicking the up/down arrow.
Finalising the order:
If you have found everything to be in order, you can finalise your order by clicking the “Send order” button, and you will receive confirmation both on our website and by e-mail. If you notice in the confirmation e-mail that you have entered incorrect details, please let us know by e-mail immediately, within 24 hours.
The information on our website does not constitute an offer to conclude a contract on the part of our company. The offeror is you.
By clicking the “Send order” button you acknowledge that your offer is deemed to have been made and that your statement entails an obligation to pay. If we do not confirm your offer within the 48 hours provided for in our Terms and Conditions, you are released from your offer.
Processing the order and concluding the contract:
You can place your order in our Webshop at any time. You will receive an automatic confirmation of your order, which means that your order has been received; however, this confirmation does not constitute acceptance of the offer you have made. If you do not receive an automatic confirmation by e-mail within 24 hours of placing your order, please let us know, as a technical problem may have occurred and it is possible that your order did not reach our system as a result.
Our company confirms your offer in a second e-mail, and this is when the contract is concluded.
Payment methods:
Payment by bank card:
Online bank card payments are made through the Barion system. The bank card details do not reach the merchant. The service provider, Barion Payment Zrt., is an institution supervised by the Hungarian National Bank; its licence number is H-EN-I-1064/2013.
Cash on delivery:
Payment can be made in cash directly on receipt of the parcel, to be handed to the courier delivering the parcel. In this case, after the order is placed we hand the consignment over to the courier service, which delivers it to the address you have given.
Delivery methods:
For home delivery, your order is delivered to your door by the subcontractors of Metabox Kft. , or you can also request delivery to a parcel locker.
Delivery time:
The delivery time is 2-4 working days from confirmation of the order. We will always notify you by e-mail of any departure from this time.
Reservation of rights and stipulation:
If you have previously ordered a product from us but did not take delivery of it (except where you exercised your right of withdrawal), or the parcel was returned to us marked “Not collected”, our company will undertake to fulfil the order only if the purchase price and the delivery cost are paid in advance.
In the case of online payment, our company may withhold delivery of the parcel until we have confirmed that the purchase price of the product has been paid successfully. If you have not paid the price of the product in full, our company will ask the Consumer to pay the outstanding balance of the purchase price.
Sales abroad:
Our company primarily provides delivery/collection of the ordered products within the territory of Hungary.
Our Terms and Conditions also govern purchases made from outside Hungary. In this case, a Consumer is an adult national of, or a person resident in, a Member State who is a natural person acting outside the scope of their trade, business or profession. A Business is a person established in a Member State who purchases products or uses services within the European Union while acting within the scope of their trade, business or profession.
The primary language of communication and purchasing is Hungarian. Our company is not obliged to communicate in the language of the Consumer’s Member State.
Our company is not obliged to comply with non-contractual requirements relating to the product concerned that are laid down in the national law of the Member State of foreign Consumers/Businesses.
Foreign Consumers/Businesses may exercise their means of legal redress in accordance with our Terms and Conditions.
In the case of online payment, payment is made in the currency specified by our company. Our company may withhold delivery of the product until it has confirmed that the purchase price and the delivery fee have been paid successfully. If the purchase price has not been paid in full, our company will ask the Consumer/Business to pay the outstanding balance of the purchase price.
Our company provides non-Hungarian customers with the same delivery options as Hungarian customers, provided that the given delivery method is available in the given country. The Consumer/Business may request delivery of the product abroad, subject to payment of the delivery fee applicable to the destination country.
Consumer information under Government Decree 45/2014. (II. 26.) Korm. rendelet (on the detailed rules of contracts between consumers and businesses):
Information on the Consumer’s right of withdrawal:
Under Section 8:1 (1) point 3 of the Ptk. (Civil Code), only a natural person acting outside the scope of their trade, self-employed occupation or business qualifies as a Consumer; accordingly, legal persons may not exercise the right of withdrawal without giving reasons!
Under Section 20 of Government Decree 45/2014. (II. 26.) Korm. rendelet, the Consumer has a right of withdrawal without giving reasons. In the case of a contract for the sale of a product, the Consumer may exercise their right of withdrawal within a period of 14 days from the day of receipt of the product.
The Consumer may also exercise their right of withdrawal in the period between the conclusion of the contract and the day of receipt of the product.
If the offer to conclude the contract was made by the Consumer, the Consumer has the right to revoke the offer before the contract is concluded, which terminates the binding effect of the offer to conclude the contract.
Withdrawal statement; the Consumer’s right of withdrawal and termination:
The Consumer may exercise the right granted under Section 20 of Government Decree 45/2014. (II. 26.) Korm. rendelet by means of a statement to that effect.
Validity of the Consumer’s withdrawal statement:
We consider the right of withdrawal to have been exercised within the deadline if the Consumer sends us their statement within the deadline (14 days).
The burden of proving that the right of withdrawal was exercised in accordance with this provision lies with the Consumer.
After receiving the Consumer’s withdrawal statement, our company will confirm to the Consumer electronically that the right of withdrawal has been exercised and acknowledged.
Our company’s obligations in the event of the Consumer’s withdrawal:
Our company’s refund obligation:
If the Consumer withdraws from the contract under Section 22 of Government Decree 45/2014. (II. 26.) Korm. rendelet, our company will refund the amount paid by the Consumer for the goods within 14 days of becoming aware of the withdrawal, but not the costs associated with performance, such as the delivery fee.
Method of our company’s refund obligation:
In the event of withdrawal/termination under Section 22 of Government Decree 45/2014. (II. 26.) Korm. rendelet, our company will refund the amount due to the Consumer using the same payment method as the one used by the Consumer. With the Consumer’s approval, our company may use a different payment method for the refund, but the Consumer may not be charged any additional fee as a result. Our company is not liable for any delay resulting from an incorrect bank account number or postal address provided by the Consumer.
Right of retention:
Our company may withhold the amount due to the Consumer until the Consumer has returned the product or has clearly demonstrated that they have returned it. We do not accept parcels sent cash on delivery or with charges payable. We are only able to accept the parcel if it is delivered to the address given (not from a parcel locker or a post office).
The Consumer’s obligations in the event of withdrawal/termination:
Return of the product:
If the Consumer withdraws from the contract under Section 22 of Government Decree 45/2014. (II. 26.) Korm. rendelet, they must return the product without delay, and no later than 14 days from communicating the withdrawal, or hand it over to a person authorised by our company to receive the product. The return is deemed to have been made within the deadline if the Consumer sends the product before the deadline expires.
Bearing the costs of returning the product:
The cost of returning the product is borne by the Consumer. The product must be returned to the following address: 7635 Pécs, Gólya dűlő 27/1. If the Consumer terminates the contract after performance has begun, they must pay our company a fee proportionate to the service performed up to the time the termination is communicated to the business. The amount to be paid proportionately by the Consumer must be determined on the basis of the total amount of the consideration stipulated in the contract, inclusive of tax. If the Consumer proves that the amount so determined is too high, the proportionate amount must be calculated on the basis of the market value of the services performed up to the time the contract ends. We do not accept parcels sent cash on delivery or with any charges payable, and we are only able to accept the parcel if it is delivered to the above address.
The Consumer’s liability for diminished value:
The Consumer is liable for any diminished value resulting from use beyond what is 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 if, after unpacking the device, you do not like it for any reason and would like to return it, do not start using it with fragrances, because in that case, for hygiene reasons, we are unfortunately only able to take the product back at a reduced price of 50%.
Please note that you may not exercise your right of withdrawal in the cases set out in Section 29 (1) of Government Decree 45/2014 (II.26.) Korm. Rendelet:
- In the case of alcoholic beverages whose actual value depends on market price fluctuations beyond our company’s control, whose price was agreed by the parties when the contract of sale was concluded, but where the contract is performed only after the 30th day following its conclusion
- In the case of a product or service whose price depends on financial market fluctuations beyond our company’s control that may occur even within the period set for exercising the right of withdrawal
- In the case of newspapers, periodicals and magazines, with the exception of subscription contracts
- In the case of a product which, by its nature, is inseparably mixed with other products after delivery
- With the exception of services for residential purposes, in the case of contracts for the provision of accommodation, car hire, transport, catering or services related to leisure activities, if the contract provides for a specific date or period of performance
- In the case of the sale of sealed audio or video recordings or computer software, if the Consumer has unsealed the packaging after delivery
- In the case of a non-prefabricated product that was made to the Consumer’s instructions or at the Consumer’s request, or a product that was personalised for the Consumer
- In the case of digital content not supplied on a tangible medium, if our company began performance with the Consumer’s express prior consent and the Consumer, at the same time as giving consent, declared that they acknowledge that they lose their right of withdrawal once performance has begun
- In the case of contracts concluded at a public auction
- In the case of a product that is perishable or retains its quality only for a short time
- In the case of a contract for the provision of a service, after the service has been fully performed, if our company began performance with the Consumer’s express prior consent and the Consumer acknowledged that they lose their right of termination once the service has been fully performed
- In the case of a contract for work in which our company visits the Consumer at the Consumer’s express request to carry out urgent repair/maintenance work
- In the case of a sealed product which cannot be returned after being unsealed following delivery for health protection or hygiene reasons
Implied warranty, product warranty, guarantee:
This section of the consumer information was prepared using Annex 3 of Government Decree 45/2014 (II.26.) Korm. rendelet, on the basis of the authorisation in Section 9 (3) of Government Decree 45/2014 (II.26.) Korm. rendelet.
Implied warranty:
In what cases can you exercise your implied warranty rights?
In the event of defective performance, you may make an implied warranty claim against our company in accordance with the relevant rules of the Civil Code.
What rights do you have under an implied warranty claim?
You may make the following implied warranty claims:
You may request repair or replacement, unless fulfilling the option you have chosen is impossible or would involve disproportionate additional costs for our company. If you did not or could not request repair or replacement, you may request a proportionate reduction of the consideration or, as a last resort, withdraw from the contract.
You may switch from the implied warranty right you have chosen to another one, but the cost of switching is borne by you, unless it was justified or our company gave cause for it.
Within what time limit can you make an implied warranty claim?
It is your duty to report the defect without delay after discovering it, and no later than within 2 months. You may not enforce your implied warranty rights beyond the 2-year limitation period from performance of the contract.
If the subject of the contract between the Consumer and our company is a second-hand item, the parties may agree on a shorter limitation period, but a limitation period of less than 1 year may not be stipulated.
Against whom can you make an implied warranty claim?
You may make your implied warranty claim against our company.
What other conditions apply to exercising your implied warranty rights?
Within 6 months of performance, there is no condition for making an implied warranty claim other than reporting the defect, provided you demonstrate that the product or service was supplied by our company. After 6 months have passed since performance, however, you must prove that the defect already existed at the time of performance.
Different rules apply to second-hand products in respect of warranty and guarantee. Defective performance also exists in the case of second-hand products, but the circumstances on the basis of which the Customer could have expected certain defects to occur must be taken into account. As a result of wear and tear, certain defects occur more and more frequently. The Customer may only exercise warranty rights in respect of defects that go beyond, and arose independently of, those resulting from previous use. If the second-hand product is defective and the Consumer was informed of the defect at the time of purchase, our company bears no liability in that case.
Product warranty:
In what cases can you exercise your product warranty rights?
In the event of a defect in a movable item/product, you may, at your choice, make either an implied warranty claim or a product warranty claim.
What rights do you have under a product warranty claim?
As a product warranty claim, you may only request the repair or replacement of the defective product.
In what cases is a 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 in the manufacturer’s description.
Within what time limit can you make a product warranty claim?
You may make a product warranty claim within 2 years of the product being placed on the market by the manufacturer. Once this time limit has expired, you lose this entitlement.
Against whom and under what other conditions can you make a product warranty claim?
You may exercise your product warranty claim only against the manufacturer/distributor of the movable item. When making a product warranty claim, you must prove the defect of the product.
In what cases is the manufacturer/distributor released from its product warranty obligation?
The manufacturer/distributor is released from its product warranty obligation only if it can prove that:
- The defect was not detectable according to the state of scientific and technical knowledge at the time the product was placed on the market
- The defect in the product results from the application of a statute or a mandatory official regulation
- It did not manufacture or place the product on the market in the course of its business
It is sufficient for the manufacturer/distributor to prove 1 ground in order to be released.
Please note that you may not make an implied warranty claim and a product warranty claim for the same defect at the same time, in parallel. However, if your product warranty claim is successfully enforced, you may make an implied warranty claim against the manufacturer in respect of the replaced product/repaired part.
Guarantee:
In what cases can you exercise your guarantee rights?
In the event of defective performance, our company is obliged to provide a guarantee under Government Decree 151/2003. (IX. 22.) Korm. rendelet on the mandatory guarantee for durable consumer goods.
Statute requires a guarantee to be provided for durable consumer goods, such as technical goods, machines and tools, whose purchase price exceeds 10,000 Ft.
What rights do you have under the guarantee, and within what time limit?
Government Decree 151/2003. (IX. 22.) Korm. rendelet on the mandatory guarantee for durable consumer goods defines the cases of mandatory guarantee. Our company does not provide a guarantee for products falling outside these. A guarantee claim may be made within the guarantee period. If the party obliged under the guarantee fails to fulfil its obligation within an appropriate time limit following the entitled party’s request, the guarantee claim may be enforced before a court within 3 months of the expiry of the time limit set in the request, even if the guarantee period has already expired. Failure to meet this time limit results in forfeiture of the right. The rules on exercising implied warranty rights apply to the enforcement of guarantee claims. The guarantee period is 1 year. Failure to meet this time limit results in forfeiture of the right. The guarantee period begins on the day the consumer goods are handed over to the Consumer or, if our company carries out the installation, on the day of installation. For matters concerning a guarantee beyond one year, please contact the manufacturer!
What is the relationship between the guarantee and other warranty rights?
The guarantee applies alongside the warranty rights (product warranty and implied warranty). The difference between warranty rights and the guarantee is that under the guarantee the burden of proof is more favourable to the Consumer.
Consumer goods covered by the mandatory guarantee under Government Decree 151/2003 Korm. Rendelet that are permanently connected, or weigh more than 10 kg, or cannot be carried as hand luggage on public transport – with the exception of vehicles – must be repaired at the place of operation. If the repair cannot be carried out at the place of operation, the repair service arranges for dismantling and reinstallation, as well as for transport there and back.
Within the period of the mandatory guarantee, our company’s undertaking may not contain terms less favourable to the Consumer than those provided by the rules on the mandatory guarantee. After its expiry (1 year), the terms of a voluntary guarantee may be set freely, but even then the guarantee may not adversely affect the existence of the Consumer’s statutory rights (based on the implied warranty).
Replacement request within three working days:
For purchases made in our Webshop, you have the right to request a product replacement within 3 working days. You may make a replacement request within 3 working days in the case of durable consumer goods covered by Government Decree 151/2003. (IX. 22.) Korm. rendelet, according to which, if you make your replacement request within 3 working days, our company must consider the product to have already been defective at the time of sale and must replace the product without further ado.
When is our company released from its guarantee obligation?
Our company is released from its guarantee obligation only if it proves that the cause of the defect arose after performance.
Please note that you may not make an implied warranty claim and a guarantee claim, or a product warranty claim and a guarantee claim, for the same defect at the same time, in parallel. The rights arising from the guarantee are yours independently of your warranty entitlements.
