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TERMS AND CONDITIONS (GTC)

 

www.carpmanabroad.com

 

effective from 06/03/2020

 

 

 

contents

 

General terms and conditions

Preamble

Imprint, concepts, legislation

Scope of the GTC

The language and form of the contract

Prices

Complaints handling and enforcement options

Copyrights

Partial invalidity, code of conduct

Fix data entry errors

Procedure in case of incorrect price

Use of the Website

Order processing, conclusion of the contract

Payment methods

Modes of transport

Completion date

Reservation of rights, ownership clause

Consumer information

Right of withdrawal

Warranty rights

 

 

 

 

Preamble

 

Welcome to our site! Thank you for your trust in your purchase!

 

This webshop has been created with the Consumer Friendly GTC generator.

 

If you have any questions regarding these General Terms and Conditions, the use of the website, individual products, the process of purchase, or if you would like to discuss your individual needs with us, please contact our staff at the contact details provided!

 

Imprint: the data of the Service Provider (Seller, Company)

 

Name: Carp man Abroad Kft.

 

Headquarters: 8851 Gyékényes, Szabadság ter 8

 

Mailing address: 8851 Gyékényes, Szabadság ter 8

 

Registering authority: Csurgó Tribunal Registry Court

 

Company registration number: 14-09-317465

 

Tax number: 27351237-2-14

 

Representative: Hudson Andrew Michael

 

Phone number: +36 703011773

 

Email: Andrew@carpmanabroad.com

 

Website: http://www.carpmanabroad.com

 

Bank account number: 1174 3088 2462 6646 0000 0000

 

Hosting Provider Information

 

Name: Wix.com Ltd

 

 

Concepts

 

Parties: Seller and Buyer jointly

 

Consumer: a natural person acting outside the scope of his profession, self-employment or business

 

Consumer contract: a contract in which one of the subjects qualifies as a consumer

 

Website: http://www.carpmanabroad.com, a means of communication between absentees

 

Contract: A contract of sale between the Seller and the Buyer using the Website and electronic mail

 

Absentee communication device: a device capable of making a contractual statement in the absence of the parties with a view to concluding a contract. Such a device includes, in particular, the addressee or unaddressed form, the standard letter, the advertisement in the press, the catalog, the telephone, the fax and the Internet access device.

 

Out-of-office contract: a consumer contract concluded in the context of a distance selling system organized for the provision of a contract product or service without the simultaneous physical presence of the parties, using only means of communication between the parties for the purpose of concluding the contract.

 

Product: all movable movable property included in the offer of the Website, placed on the Website and intended for sale, which is the subject of the Contract  

 

Entrepreneurship: a person pursuing a profession, self-employment or business

 

Buyer / You: the person concluding a contract to make a purchase offer through the Website

 

Warranty: In the case of contracts concluded between a consumer and a business (hereinafter: consumer contract) in accordance with the Civil Code,

 

(a) a guarantee given for the performance of the contract which the undertaking voluntarily undertakes, in addition to or in the absence of a legal obligation, to perform the contract properly; and

 

(b) a statutory guarantee

 

Relevant legislation

 

The following legislation in particular applies to the Treaty:

 

1997 CLV. Consumer Protection Act;

 

CVIII of 2001 Act on Certain Issues in Electronic Commerce Services and Information Society Services;

 

Act V of 2013 on the Civil Code (PTK);

 

151/2003. (IX. 22.) on the mandatory warranty for certain durable consumer goods;

 

Government Decree 45/2014 (II.26) on the detailed rules of contracts between the consumer and the business;

 

19/2014 (IV. 29.) of the NGM on the procedural rules for the handling of warranty and guarantee claims for things sold under a contract between a consumer and a business

 

Scope and acceptance of the GTC

 

The content of the contract concluded between us is determined by these General Terms and Conditions (hereinafter: GTC) and the additional information on the website, in addition to the provisions of the relevant binding legal regulations. Accordingly, these GTC contain the rights and obligations of you and us, the conditions of concluding the contract, the terms of performance, the conditions of delivery and payment, the rules of liability, and the conditions of exercising the right of withdrawal.

 

You must familiarize yourself with the provisions of these GTC before finalizing your order. By purchasing through our web store, you accept the provisions of these GTC and the GTC forms an integral part of the contract between you and the Seller.

 

 

 

The language of the contract, the form of the contract

 

The language of the contracts covered by these GTC is Hungarian.

 

Contracts falling within the scope of these GTC do not qualify as written contracts, they are not filed by the Seller.

 

Prices

 

Prices are in HUF and include 27% VAT. Prices are for information only, we reserve the right to change prices.

 

Complaints handling and enforcement options

 

The consumer may submit consumer complaints regarding the product or the Seller's activities at the following contact details:

 

Phone: +36 703011773

Internet address: http://www.carpmanabroad.com

Email: Andrew@carpmanabroad.com

 

 

The consumer may communicate to the business, orally or in writing, a complaint concerning the conduct, activity or omission of the business or of a person acting on behalf of or for the benefit of the business in relation to the distribution or sale of the goods to consumers.

 

 

The company must immediately investigate the oral complaint and remedy it if necessary. If the consumer does not agree with the handling of the complaint or it is not possible to investigate the complaint immediately, the business shall immediately take minutes of the complaint and its position and provide a copy to the consumer on the spot in the event of an oral complaint. In the case of an oral complaint made by telephone or other electronic communications service, it shall be sent to the consumer at the same time as the substantive response within 30 days, in accordance with the requirements for replying to a written complaint. In other respects, you are required to proceed with the written complaint as follows. The undertaking shall reply to the written complaint in writing within 30 days of its receipt and shall take steps to communicate it, unless otherwise provided by a directly applicable act of the European Union. A shorter deadline may be established by law and a longer deadline by law. The undertaking shall state the reasons for rejecting the complaint. An oral complaint communicated using a telephone or electronic communications service must be provided with a unique identification number.

 

 

The record of the complaint must include the following:

 

the name and address of the consumer,

the place, time and manner of submitting the complaint,

a detailed description of the consumer's complaint, a list of documents, documents and other evidence presented by the consumer,

a statement by the business of its position on the consumer's complaint, if the complaint can be investigated immediately,

the signature of the person who took the minutes and, with the exception of an oral complaint made by telephone or other electronic means, the consumer,

place and time of recording the minutes,

in the case of an oral complaint communicated by telephone or other electronic communications service, the unique identification number of the complaint.

The company must keep a record of the complaint and a copy of the reply for five years and present it to the inspection authorities on request.

 

 

If the complaint is rejected, the business shall inform the consumer in writing which authority or conciliation body may initiate the complaint with its complaint. The information shall also include the location, telephone and internet access, and mailing address of the competent authority or the conciliation body of the consumer's domicile or residence. The information shall also include whether the business has recourse to a conciliation body to resolve a consumer dispute.

 

If any consumer dispute between the Seller and the consumer is not settled during the negotiations, the following enforcement options are open to the consumer:

 

 

Complaints to consumer protection authorities. If you notice a violation of the consumer's consumer rights, you have the right to lodge a complaint with the consumer protection authority of your place of residence. After examining the complaint, the authority decides on the conduct of the consumer protection proceedings. The first-level official tasks of consumer protection are performed by the district offices competent according to the consumer's place of residence, the list of which can be found here: http://jarasinfo.gov.hu/

 

Judicial proceeding. The customer is entitled to enforce his claim arising from a consumer dispute in court in the framework of civil proceedings pursuant to Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure. according to the provisions of the law.

 

We would like to inform you that you may file a consumer complaint against us. If your consumer complaint is rejected, you are also entitled to apply to the Conciliation Body according to your place of residence or stay: the condition for initiating conciliation proceedings is that the consumer seeks to resolve the dispute directly with the business concerned. At the request of the consumer, the conciliation body designated in the consumer's request shall be competent for the procedure, instead of the competent body.  

 

The company has an obligation to cooperate in the conciliation panel proceedings.  

 

In this context, there is an obligation for undertakings to send a reply to the Conciliation Body's call and an obligation to appear before the Conciliation Body ("ensuring the participation of the person authorized to reach an agreement at the hearing").

 

If the registered office or establishment of the business is not registered in the county of the chamber operating the conciliation body with territorial jurisdiction, the obligation of the business to cooperate extends to offer the possibility of concluding a written agreement in accordance with the needs of the consumer.

 

In the event of a breach of the above obligation to cooperate, the consumer protection authority has the power to impose a mandatory fine in the event of a breach of the law as a result of a change in legislation, and it is not possible to waive the fine. In addition to the Consumer Protection Act, the relevant provision of the Small and Medium-sized Enterprises Act has also been amended, so that the imposition of fines will not be waived in the case of small and medium-sized enterprises either.

 

The amount of the fine may range from HUF 15,000 to HUF 500,000 in the case of small and medium-sized enterprises, from HUF 15,000 in the case of non-small and medium-sized enterprises with annual net sales exceeding HUF 100 million, 5% of the company's annual net sales. but up to HUF 500 million. By introducing a mandatory fine, the legislator aims to emphasize cooperation with conciliation bodies and to ensure the active participation of undertakings in conciliation proceedings.

 

 

The Conciliation Body has the power to settle consumer disputes out of court. The task of the conciliation body is to try to reach an agreement between the parties in order to settle the consumer dispute, failing which it will decide on the matter in order to ensure simple, fast, efficient and cost-effective enforcement of consumer rights. At the request of the consumer or the business, the conciliation body shall provide advice on the consumer's rights and obligations.

 

The conciliation body's proceedings are initiated at the consumer's request. The request shall be made in writing to the chairperson of the conciliation body: the written requirement may be complied with by letter, telegram, telegraph or fax, and by any other means enabling the recipient to keep the data addressed to him permanently for the purpose for which the data were intended. , and display the stored data in an unchanged form and content.

 

The application must include

 

the name, place of residence or stay of the consumer,

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

if the consumer designates the competent body instead of the competent conciliation body,

a brief description of the consumer's position, the facts and evidence supporting it,

a statement by the consumer that the consumer has made a direct attempt to resolve the dispute with the business concerned

a statement by the consumer that no conciliation proceedings have been initiated in the case by another conciliation body, no mediation proceedings have been initiated, no claim has been lodged or no application has been made for an order for payment,

the motion for a decision of the panel,

the consumer's signature.

The application shall be accompanied by the document or a copy (extract) of which the consumer refers to as evidence, in particular a written statement by the business rejecting the complaint or, failing that, any other written evidence available to the consumer to attempt the required consultation.

 

If the consumer acts through a proxy, the proxy must be attached to the application.

 

More information about the Conciliation Boards is available here: http://www.bekeltetes.hu

 

More information on the territorially competent Conciliation Bodies is available here: http://www.bekeltetes.hu/index.php?id=testuletek

 

The European Commission has set up a website where consumers can register so that they can settle their online shopping disputes by completing an application, avoiding litigation. In this way, consumers can assert 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 have bought online and do not necessarily want to go to court, you can use the online dispute resolution tool.

 

On the portal, you and the trader against whom you have lodged a complaint can jointly select the dispute resolution body you wish to entrust with handling the complaint.

 

The online dispute resolution platform is available at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN

 

Copyrights

 

Act LXXVI of 1999 on Copyright. Pursuant to Section 1 (1) of the Act (hereinafter: Szjt.), the website qualifies as an author's work, so all parts of it are protected by copyright. The Szjt. Pursuant to Section 16 (1), the unauthorized use of the graphic and software solutions, computer program works on the website, or the use of any application with which the website or any part thereof may be modified is prohibited. To receive any material from the website and its database, even with the written consent of the copyright holder, only a   by referring to a website, indicating the source. The copyright owner: Pontycentrum Magyarország Kft.

 

Partial invalidity, code of conduct

 

If any clause of the GTC is legally incomplete or invalid, the remaining clauses of the contract shall remain in force and the provisions of the relevant legislation shall apply instead of the invalid or defective part.

 

Seller does not have a code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.

 

Operation of digital data content, technical protection measures

 

The availability of the servers providing the data displayed on the website is over 99.9% per year. The entire data content is backed up regularly, so in case of a problem, the original data content can be restored.   The displayed data is stored in MSSQL and MySQL databases. Sensitive data is stored with adequate encryption, and we use in-processor hardware support to encrypt it.

 

Information on the essential characteristics of the products

 

On the website, we provide information on the essential features of the products that can be purchased in the descriptions of each product. The information on the product page is for information only! The pictures are sometimes illustrations, the colors do not always correspond to reality!

 

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

 

During the order, you have the opportunity to change the data you have entered before the order is finalized (clicking the back button in the browser will open the previous page, so you can correct the entered data even if you have already moved to the next page). Please note that it is your responsibility to ensure that the information you provide is entered accurately, as the product will be billed and shipped based on the information you provide. By placing your order, you acknowledge that the Seller is entitled to bear all damages and costs arising from your incorrect data entry or inaccurate data. The Seller excludes its liability for performance based on inaccurate data entry. Please note that an incorrect e-mail address or the storage space of the mailbox may result in non-delivery of the confirmation and may prevent the conclusion of the contract.

 

Procedure in case of incorrect price

 

It may be that - e.g. due to a technical error - an incorrect price is listed on the website. In case of an incorrect price, we cannot accept the order (your offer) at the wrong price and we are not obliged to sell the product at the wrong price. If a bid is made at an incorrect price, no contract will be concluded between us. If you make an offer at an incorrect price, the system will automatically confirm it, but this does not constitute acceptance of the offer on our part. If you make an offer (order) at an incorrect price, the Seller's employee will draw your attention to the correct price and may offer to conclude a contract at the correct price. You are not obliged to make an offer and enter into a contract at the correct price provided by the Seller instead of the incorrect price. In this case, no contract is concluded between the parties.

 

Use of the Website

 

 

 

The buying process

 

Product Selection

 

You can select the desired product family, including individual products, by clicking on the product categories on the website. By clicking on each product, you will find the photo, article number, description and price of the product. You must pay the price on the website for your purchase. The products are marked with an illustrated photo. The accessories and decorative elements shown in the photos are not part of the product, unless it is highlighted in the product description. Please note that we are not responsible for any misspellings or incorrect data!

 

Put into cart

 

After selecting the Product, you can click on the "Add to Cart" button - any number -   product into the cart without incurring any obligation to purchase or pay, as placing in the cart does not constitute an offer.

 

We recommend that you add the product to the shopping cart even if you are not sure that you want to buy the product, as this will give you an overview of the products you have selected at the moment and display them on a screen. can view and compare. Until the finalization of the order - until the "Finalize order" button is pressed - the contents of the Shopping Cart can be freely modified, any products can be removed from the shopping cart, new products can be added to the shopping cart or the desired product number can be changed.

 

If you add the selected product to the Cart, a separate window will pop up with the text "Product added to cart". If you do not want to select more products, click the "Go to cart" button! If you want to see the selected product again or add another product to the cart, click the "Back to product" button!

 

View the Cart

 

When using the website, you can check the contents of the cart at any time by clicking on the "View Cart" icon at the top of the website. Here you can remove the selected products from the cart or change the number of products. After pressing the "Refresh Cart" button, the system will display the information corresponding to the data you have changed, including the price of the products added to the cart. 

If you do not want to select additional products and add them to the cart, you can continue shopping by clicking the "Order" button.

 

Enter customer information

 

  After pressing the "Order" button, the contents of the cart and the total purchase price to be paid for the purchase of the products you have selected will be displayed. In the "Delivery service" box, you must indicate whether you want to pick up the ordered product in person (personal pick-up) or request delivery. In case of delivery, the system will indicate the delivery fee, which you are obliged to pay in case of ordering.  

 

You can enter your email address in the "User Information" text box and your full name, address, and phone number in the "Billing Information" text box. In the “Shipping Information” text box, the system automatically stores the information you entered during “Billing Information”. If you request delivery to a different address, please uncheck it. In the "Comment" text box, you can enter any additional information.

 

Order Overview

 

After filling in the text boxes above, you can continue the ordering process by clicking the "Continue with the next step" button, or you can delete / correct the data entered so far and return to the contents of the Cart by clicking the "Cancel" button. Clicking the "Go to next step" button will take you to the "Order Overview" page. Here you can see a summary of the data you have previously entered, such as the contents of the Cart, user, billing and shipping details, and the amount you will be charged (you can no longer change this data here unless you click the "Back" button).

 

 

 

Order finalization (bidding)

 

If you are sure that the contents of the shopping cart correspond to the products you want to order and that your details are correct, you can close your order by clicking on the "Order" button. The information provided on the website does not constitute an offer by the Seller to enter into a contract. In the case of orders falling within the scope of these GTC, you qualify as a bidder and the contract is concluded by the acceptance of the offer made by you through the website in accordance with the provisions of these GTC.

 

You are the "Order"   By pressing the button, you expressly acknowledge that your offer is considered to have been made, and your statement - in case of confirmation by the Seller according to these GTC - entails an obligation to pay. Your offer is binding for a period of 48 hours. If your offer is not confirmed by the Seller within 48 hours in accordance with these general terms and conditions, you will be released from the obligation of the offer.

 

Order processing, conclusion of the contract

 

You have the opportunity to place your order at any time. The Seller will confirm your offer by e-mail no later than the working day following the submission of your offer.   The contract is concluded by the acceptance of the offer made by the Seller.

 

Payment methods

 

Bank Transfer

 

You can also pay for the products by bank transfer. Data required for the transfer: Beneficiary's bank: Beneficiary's name: Tax number: Company registration number: Beneficiary's account number:

 

Cash on delivery

 

If you want to settle the value of the order upon receipt of the package, select the "Cash on delivery" payment method.

 

Acceptance methods, acceptance fees

 

Completion date

 

The general delivery deadline for the order is a maximum of 30 days from the confirmation of the order. This delivery deadline is for information only, deviations from this will be indicated by e-mail in all cases. By accepting these general terms and conditions, you acknowledge that the Seller expressly excludes its liability for damages for exceeding the specified delivery time.

 

Reservation of rights, ownership clause

 

Production of some of the products on our website may be discontinued. In view of this, we reserve the right to refuse orders that have already been confirmed in whole or in part. Partial performance can only take place after consultation with you. If the purchase price of the product is paid in advance, the amount will be refunded to you within 5 working days.

 

 

 

Consumer information on 45/2014. (II. 26.) Government Decree

 

 

 

contents

 

Consumer information

Right of withdrawal

Warranty rights

 

 

 

 

Information on the consumer's right of withdrawal

 

As a consumer, the Civil Code. 8: 1. According to § 1, point 3, only a natural person acting outside the scope of his / her profession, independent occupation or business activity qualifies, so legal persons may not exercise the right of withdrawal without giving reasons!

 

The consumer is protected by 45/2014. (II. 26.) has the right to withdraw without justification. The consumer has the right of withdrawal

 

(a) in the case of a contract for the sale of a product

 

(aa) the product,

 

(ab) in the case of the sale of several products, where each product is supplied at a different time, to the last product supplied,

 

within a period of time from the date of receipt by the consumer or a third party other than the carrier   14 days.

 

The provisions of this point shall not affect the consumer's right to exercise the right of withdrawal provided for in this point between the date of conclusion of the contract and the date of receipt of the product.

 

If the consumer has made an offer to conclude the contract, the consumer has the right to withdraw the offer before concluding the contract, which removes the obligation to make an offer covering the conclusion of the contract.

 

Statement of withdrawal, exercise of the consumer 's right of withdrawal or cancellation

 

The consumer in 45/2014. (II. 26.) may be exercised by means of a clear statement to that effect or by using a sample statement available for download from the website.

 

Validity of the consumer 's statement of withdrawal

 

The right of withdrawal shall be deemed to have been exercised within the time limit if the consumer submits his statement within the time limit. The deadline is 14 days.

 

It shall be for the consumer to prove that he has exercised his right of withdrawal in accordance with this provision.

 

The Seller is obliged to confirm the consumer's statement of withdrawal on an electronic data carrier upon its receipt.  

 

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

 

Seller's obligation to refund

 

If the consumer in 45/2014. (II. 26.) of the Government, the Seller shall reimburse the full amount paid by the consumer as consideration, including the costs incurred in connection with the performance, including the delivery fee, within fourteen days of becoming aware of the withdrawal. is. Please note that this provision does not apply to additional costs incurred by choosing a mode of transport other than the least expensive standard mode of transport.

 

Method of Seller's Obligation to Refund

 

A 45/2014. (II. 26.) in accordance with Section 22 of the Government Decree, the Seller shall refund the amount returned to the consumer in the same way as the payment method used by the consumer. With the express consent of the consumer, the Seller may use another method of payment for the refund, but the consumer may not be charged any additional fees as a result. The Seller shall not be liable for any delay due to the bank account number or postal address provided incorrectly and / or inaccurately by the Consumer.

 

Additional costs

 

If the consumer specifically chooses a mode of transport other than the least expensive standard mode of transport, the Seller shall not be obliged to reimburse the resulting additional costs. In this case, we are obliged to refund up to the general shipping rates indicated.  

 

Right of retention

 

The Seller may withhold the amount returned to the consumer until the consumer has returned the product or has proved beyond a reasonable doubt that it has been returned; the earlier of the two shall be taken into account. We are unable to accept shipments sent by cash on delivery or postage.  

 

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

 

Product return

 

If the consumer in 45/2014. (II. 26.) of the Government, he is obliged to return the product immediately, but no later than within fourteen days from the notification of the withdrawal, or to hand it over to the Seller or the person authorized by the Seller to receive the product. Return shall be deemed to have been completed within the time limit if the consumer sends the product before the time limit expires.

 

Costs associated with returning the product

 

The consumer bears the cost of returning the product. The product must be returned to the Seller's address. If, after the commencement of performance, the consumer terminates the contract for the provision of a service outside the business premises or in absentia, he shall pay the business a fee proportionate to the service provided up to the date of notification to the business. The amount to be paid proportionally by the consumer shall be determined on the basis of the total amount of the consideration provided for in the contract, plus tax. If the consumer proves that the total amount thus 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 it is not possible to pick up a product returned by cash on delivery or postage.

 

Consumer responsibility for depreciation

 

The consumer shall be liable for depreciation resulting from use in excess of that required to determine the nature, characteristics and functioning of the product.

 

The right of withdrawal may not be exercised in the following cases

 

The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal pursuant to Section 29 of Government Decree 45/2014 (II.26.). In the cases referred to in paragraph 1:  

 

(a) in the case of a contract for the provision of a service, after performance of the service as a whole, where the business has commenced performance with the consumer's prior express consent and the consumer has acknowledged that he loses his right of termination after performance of the service;

 

(b) in respect of a product or service the price or price of which is not subject to fluctuations during the period allowed for the exercise of the right of withdrawal by a financial market undertaking;

 

(c) in the case of a non-prefabricated product which has been manufactured on the consumer's instructions or at his express request, or in the case of a product which is clearly customized for the consumer;

 

(d) in the case of a perishable or short-lived product;

 

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

 

(f) in the case of a product which, by its nature, is inseparably mixed with another product after delivery;

 

(g) in the case of an alcoholic beverage the actual value of which depends on market fluctuations beyond the control of the undertaking and the price of which was agreed by the parties at the time of conclusion of the contract of sale but is not performed until the 30th day following its conclusion;

 

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

 

(i) the sale and purchase of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery;

 

(j) newspapers, periodicals and periodicals, other than subscription contracts;

 

(k) in the case of contracts awarded by public auction;

 

(l) in the case of a contract for the provision of accommodation, transport, car rental, catering or leisure services, with the exception of a residential service, if a contractual deadline or time limit has been set;

 

(m) in the case of digital content provided on a non-tangible medium, where the business has commenced performance with the consumer's express prior consent and at the same time that the consumer has stated that he loses his right of withdrawal after the commencement of performance.

 

Supplies warranty, product warranty, warranty

 

This section of the consumer information has been prepared pursuant to the authorization of Section 9 (3) of Government Decree 45/2014 (II.26.) Using Annex 3 of Government Decree 45/2014 (II.26.).

 

Supplies warranty

 

In what cases can you exercise your right to a warranty on supplies?

 

In the event of faulty performance by the Seller, you may assert a warranty against the Seller in accordance with the rules of the Civil Code.

 

What rights do you have based on your warranty claim?

 

You can choose to use the following warranty claims:

 

You may request a repair or replacement, unless it is impossible or disproportionately costly for Seller to meet your other needs. If you do not request or have not requested the repair or replacement, you may request a pro rata return of the consideration or you may have the defect repaired at the expense of the Seller, or you may, in the final analysis, withdraw from the contract.

 

You may transfer from the right to choose your chosen supply to another, however, the cost of the transfer shall be borne by you, unless it was justified or given by the Seller.

 

What is the deadline for claiming supplies?

 

You must report the defect immediately after it is discovered, but no later than two months after the defect is discovered. However, please note that you may no longer assert your warranty rights beyond the two-year limitation period from the performance of the contract.

If the subject of the contract between the consumer and the business is a second-hand item, the parties may agree on a shorter limitation period; a limitation period of less than one year may not be validly imposed in this case either.  

 

Against whom can you assert your warranty claim?

 

You can assert your warranty claim against the Seller.

 

What are the other conditions for enforcing your warranty rights?

 

Within six months of performance, there are no conditions other than the notification of the defect to enforce your warranty claim if you certify that the product or service was provided by Seller. However, after six months from the date of performance, you must prove that the defect you identified was already present at the time of performance.

 

In the case of used products, the warranty and guarantee rights develop differently from the general rules. In the case of used products, we can also talk about defective performance, but the circumstances on the basis of which the Buyer could expect certain defects to occur must be taken into account. Due to obsolescence, the occurrence of certain defects is becoming more frequent, as a result of which it cannot be assumed that a used product can have the same quality as a newly purchased one. Based on this, the Buyer can only enforce its warranty rights in respect of defects that are beyond the defects arising from the use and have occurred independently of them. If the used product is defective and the Customer who qualifies as the Consumer was informed about it at the time of purchase, the Service Provider shall not be liable for the known defect.

 

Product warranty

 

In what cases can you exercise your product warranty right?

 

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

 

What rights do you have based on your product warranty claim?

 

As a product warranty claim, you may only request that the defective product be repaired or replaced.

 

In which case is the product considered defective?

 

A product is defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not have the characteristics specified by the manufacturer.

 

What is the deadline for you to enforce your product warranty claim?

 

You can assert your product warranty claim within two years of the product being placed on the market by the manufacturer. Upon expiry of this period, he shall cease to be entitled to do so.

 

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

 

You can only make a product warranty claim against the manufacturer or distributor of the movable property. You must prove the defect of the product in the event of a product warranty claim.

 

In which cases is the manufacturer (distributor) released from its product warranty obligation?

 

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

 

the product was not manufactured or marketed in the course of a non - business activity, or

the defect was not recognizable at the time of placing on the market according to the state of the art or

the defect in the product is due to the application of legislation or a mandatory official regulation.

It is sufficient for the manufacturer (distributor) to prove a reason for the exemption.

 

Please note that due to the same defect, you cannot assume a warranty claim and a product warranty claim at the same time. However, if your product warranty claim is successfully enforced, you can assert your manufacturer's warranty claim against the manufacturer for the replaced product or repaired part.

 

Warranty

 

In what cases can you exercise your warranty right?

 

In the event of defective performance, the debtor is obliged to provide the same warranty as the guarantee known in the common language on the basis of a contract or a legal requirement.

 

Legislation requires the provision of a guarantee for durable consumer goods (eg technical items, tools, machines) and their parts, the purchase value of which exceeds HUF 10,000.

 

The warranty is based on a contract, if the obligor (either the manufacturer or the trader) undertakes to guarantee the product himself under the conditions specified by him. In this case, the warranty conditions must be read in connection with the warranty and the warranty is accompanied by a warranty card.

 

What are your rights and within what period of the warranty?

 

Decree 151/2003 on the mandatory warranty for certain consumer durables. (IX. 22.) defines the cases of the mandatory guarantee. The Seller does not provide a warranty for Products not covered by this case. The warranty claim can be enforced during the warranty period. If the obligor fails to comply with his obligation to summon the claimant within a reasonable time, the warranty claim may be enforced in court within three months of the expiry of the time limit set in the summons, even if the warranty period has expired. Failure to meet this deadline will result in disqualification. The rules governing the exercise of warranty rights shall otherwise apply mutatis mutandis to the exercise of warranty claims. The warranty period is one year. Failure to meet this deadline will result in disqualification. The warranty period begins on the date of delivery of the consumer product to the consumer or, if the commissioning is carried out by the business or its agent. For any warranty claims beyond one year, please contact the manufacturer.

 

What does the warranty have to do with other warranty rights?

 

The warranty is valid in addition to the warranty rights (product and supply warranty), a fundamental difference between the general warranty rights and the warranty is that the burden of proof is more favorable for the consumer in the case of a warranty.  

 

If you have purchased a product, you have the following rights:

 

Law

 

How long can it be validated?

 

What is the basis of the warranty law?

 

What can be enforced

 

Manufacturer's warranty

 

According to the warranty conditions, as long as the manufacturer allows it (the warranty conditions and the warranty card are usually included in the product box)

 

Under the terms of the manufacturer, the contract between the manufacturer and the buyer

 

Typically, the warranty is for repair or replacement.

 

Provided by merchant   warranty

 

According to the warranty conditions, as long as the dealer allows it (the warranty conditions and the warranty ticket are handed over by the dealer separately from the product)

 

A contract between a trader and a buyer under the terms of the trader

 

Typically, the warranty is for repair or replacement.

 

Mandatory warranty according to Government Decree 151/2003

 

It can be validated within one year of purchase.

 

The warranty is regulated by Government Decree 151/2003.

 

In the first round, a repair or replacement, in the second round, a price reduction, repair at the expense of the debtor, or cancellation may be enforced

 

Product warranty

 

Within 2 years from the first introduction of the product in Hungary, it can be enforced directly against the manufacturer or his Hungarian dealer

 

The right to guarantee is governed by the Civil Code. regulates

 

Only replacement or repair can be requested.

 

Supplies warranty

 

It can be validated within two years of purchase.

 

The right to guarantee is governed by the Civil Code. regulates

 

In the first round, a repair or replacement, in the second round, a price reduction, repair at the expense of the debtor, or cancellation may be enforced

 

 

 

 

 

Consumables with a fixed connection that are subject to the mandatory warranty according to Government Decree 151/2003 or that weigh more than 10 kg or cannot be transported as a hand luggage on public transport vehicles must be repaired at the place of operation, except for vehicles. If repairs cannot be carried out at the place of operation, the installation and installation, as well as transport and return, will be provided by the company or, in the case of a direct repair request, by the repair service.

 

The seller's undertaking during the term of the compulsory guarantee may not contain conditions for the consumer which are more unfavorable than the rights guaranteed by the rules of the compulsory guarantee. After that (after 1 year), however, the conditions of the voluntary warranty can be freely determined, however, the warranty in this case also does not affect the existence of the consumer's rights arising from legislation, including the warranty of supplies.

 

Exchange guarantee within three working days

 

In the case of sales through a web store, the institution of the exchange guarantee within three working days also applies. Exchange guarantee within three working days in accordance with 151/2003. (IX. 22.) can be enforced in the case of durable consumer goods covered by the Government Decree, according to which if someone asserts the institution of the exchange guarantee within 3 working days, the seller must interpret this as meaning that the product was already defective at the time of sale and all you must replace the product without further notice.

 

When is Seller released from its warranty obligation?

 

The Seller will only be released from its warranty obligation if it proves that the cause of the defect occurred after performance.

 

Please note that due to the same defect, you cannot assert a warranty and guarantee claim or a product warranty and guarantee claim at the same time, otherwise you have the rights arising from the warranty regardless of the warranty rights.