Consumer information

on the basis of Government Decree 45/2014 (II.26.)

1. Information on Customers’ right of withdrawal

In accordance with Article 20 of Government Decree 45/2014 (II.26), consumers are entitled, without any justification, to withdraw from the contract before the deadline specified in section 1.1.2 of the present document.

1.1.2 Based on section 9.1 of the GTC, Consumer can enforce their right of withdrawal

a) if there is a sale-and-purchase agreement for the product,

within fourteen days from the acceptance of

aa) the product

ab) the product delivered last, when, in the case of purchasing several products, delivery of the individual products is scheduled to different dates,

by Consumer or a third party specified by them (other than the carrier).

The provisions included in the present section do not affect Consumer’s right to enforce the right of withdrawal specified in this section during the period between the signature of the contract and the acceptance of the product, too.

1.1.3 Withdrawal statement, enforcement of the right of withdrawal or termination due to Consumer

Consumers can enforce their right Stated in Article 20 of Government Decree 45/2014 (II.26.) through an unambiguous statement of it, or using the statement form that can be downloaded from this website, too, and sending it to the address below: (Email address); (postal address)

Withdrawal statement form

To: (Name of company)

Address:  (address)

As undersigned, I declare/we declare that I will enforce/we will enforce my/our right of withdrawal/termination regarding the sale and purchase of the following product(s) or provision of the following service(s):

Date when the contract was signed:

Name of Consumer(s):

Address of Consumer(s):

Signature of Consumer(s): (only for a paper-based statement)

Dated:

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1.1.4 Validity of Consumer’s withdrawal statement

The right of withdrawal shall be considered enforced by the deadline if Consumer sends their statement before the deadline specified in section 1.1.2 of this document or Article 21 of  Government Decree 45/2014.

It is Consumer’s responsibility to show evidence of having enforced their right of withdrawal in accordance with this provision.

Having received Consumer’s withdrawal statement, Seller shall confirm it via electronic media.

1.2 Seller’s obligation in case of Consumer’s withdrawal

1.2.1 Seller’s obligation of reimbursement

If Consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (II.26.), Seller shall reimburse the full amount – including costs associated with the performance, such as delivery costs – paid by Consumer as remuneration, within fourteen days after having become aware of the withdrawal. Please note that this provision does not apply to individual deliveries as per section 1.2.3 of this consumer information document.

1.2.2  Method of reimbursement by Seller

In the case of withdrawal of termination in accordance with Article 22 of Government Decree 45/2014, (II.26.), Seller shall reimburse the sum due to Consumer by the same method that was used by Consumer. Seller may use other methods for the reimbursement upon expressed agreement by Consumer, but no extra charges may burden Consumer as a result of this. Seller shall not assume any responsibility for any delay due to an error in accuracy of the bank account number or postal address provided by Consumer.

1.2.3 Additional expenses

If Consumer has specifically chosen any other method of transportation than the least expensive one, like in the case of unique transportation specified under section 5.1.2 of the General Terms and Conditions, Seller shall not be obliged to reimburse the additional charges arising from it. In such cases, the reimbursement obligation is limited to the amount specified as standard transportation fees.

1.2.4 Right of retention

Seller is entitled to retain the amount specified under section 1.2.2 of this document until Consumer returns the product, or indisputably proves that they have sent it back; whichever of these two takes place earlier. We cannot accept products sent by the collect on delivery method.

1.3 Consumer’s obligations in the case of withdrawal or termination

1.3.1 Returning a product

If Consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (II.26.), they need to send it back without delay, but no later than within fourteen days from the communication of the withdrawal, to Seller or to the person authorized by Seller to receive it, by a carrier specialized in the transportation of furniture, in packaging that protects it from injury. Return qualifies as completed by the deadline if Consumer sends the product back before the deadline expires.

1.3.2 Bearing of costs related to the return of the product

Costs of returning the product shall be borne by Consumer. The product shall be returned to the address (address) of Seller.

1.3.3 Consumer’s liability for depreciation

Consumer shall be liable for any depreciation resulting from use beyond the nature, properties and necessary operation of the product.

1.3.4 Disqualification for the right of withdrawal

Seller strictly warns you that you cannot enforce your right of withdrawal in the cases specified in section (1) of Article 29 of Government Decree 45/2014 (II.26.), especially in cases specified in subsections “c” and “e”: “in the case of non-pre-manufactured products that were made upon the Consumer’s instructions or specific request, or products that were customized to the Customer”, or “products in closed packaging that cannot be returned after opening them following handover due to healthcare or hygiene related reasons”.

2. Guarantee, warranty, implied warranty and product warranty

2.1  Information on the right for implied warranty and the right for guarantee

This section of the consumer information has been created on the basis of the authorization by section (3) of Article 9 of Government Decree 45/2014 (II.26.), and by the application of Annex (3) of Government Decree 45/2014 (II.26.).

2.1.1 Implied warranty

What are the cases when you can enforce you right for implied warranty?

According to the provisions of the Civil Code, you can make an implied warranty claim in the case of default by Seller.

What are your rights on the basis of your implied warranty claim?

You can choose from the following implied warranty claims:

You can request repair or replacement, unless the claim you choose is impossible to enforce, or it would mean disproportionally high additional costs for Seller in comparison with enforcing other claims. If you did not or could not request replacement, then you can ask for the proportional reduction of remuneration, or, you can repair the product yourself, or have it repaired at Seller’s expense, or as a last resource, you can withdraw of the contract.

You can shift from your chosen right for implied warranty to another one, but you shall bear the expense of it, unless it was justified or necessitated by Seller.

What is the deadline for enforcing your claim for implied warranty?

It is your obligation to report the defect immediately after becoming aware of it, but no later than within two months after discovering it. Please note, however, that after the two-year forfeiture deadline from the completion the contract, you cannot enforce your implied warranty claim.

Against whom can you enforce your implied warranty claim?

You can enforce your implied warranty claim against Seller.

What other conditions does the enforcement of your rights for implied warranty have?

There are no other conditions for enforcing your implied warranty than communicating the defect within six months from delivery if you can justify that the product or service was provided by Seller. After six months from delivery, however, you yourself need to prove that the defect you identified was already present at the time of delivery.

2.1.2 Product warranty

When can you enforce you right for product warranty?

In the case of defects of movables (products) – based on your choice – you can enforce your right specified under section 2.1.1, or your right for product warranty.

What are your rights on the basis of your product warranty claim?

You can only request repair or replacement of a defective product in your product warranty claim.

When does a product qualify as defective?

A product is defective if it does not meet the quality requirements in effect at the time of placing it on the market, or if it does not have the properties included in the manufacturer’s description.

What is the deadline for enforcing your claim for product warranty?

You can enforce your product warranty claim within two years from the placing of the product on the market by the manufacturer. After this time, your warranty will expire.

Against whom, and under what other conditions, can you enforce your claim for product warranty?

You can enforce your claim for product warranty exclusively against the manufacturer or distributor of the product. When enforcing your product warranty claim, you need to prove the defectiveness of the product.

In what cases is the manufacturer (distributor) exempt from their product warranty obligation?

Manufacturer (distributor) is exempt from their product warranty obligation only if they can prove the following:

– the product was not manufactured or placed on the market as part of their business activity, or

– the defect was not identifiable with the up-to-date technology at the time of placing the product on the market, or

– the defect of the product is a result of adhering to a law or a requirement by an authority.

The manufacturer (distributor) is required to prove only one of the reasons.

Please note that you cannot enforce your claim for implied and product warranty at the same time, in parallel, regarding the same defect.  However, after having enforced your product warranty claim successfully, you can enforce your implied warranty claim regarding the replaced product or the repaired part, against the manufacturer.

2.1.3 Guarantee

When can you enforce you right for guarantee?

In the case of a default, the principal is required to offer a guarantee.

What are your rights, and within what deadlines can you enforce them on the basis of the guarantee?

The cases of required guarantee regarding individual consumer goods are specified by Government Decree 151/2003 (IX.22.). Seller does not offer a guarantee for products not included in this group. Guarantee claims can be enforced only within the guarantee period. If the principal does not fulfil their guarantee obligations upon the request by obligee by the expiration of the deadline, the guarantee claim can be enforced, in front of a court, within three months from the deadline specified in the appeal, even if the guarantee period has expired by that time. Failure to meet this deadline entails the forfeiture of right. In other respects, the rules for enforcing the rights for implied warranty shall be properly applied to the enforcement of guarantee rights. The guarantee period is one year. Failure to meet this deadline entails the forfeiture of right. The guarantee period commences at the time of the handover of a consumer product to Consumer, or on the day of deployment if deployment is carried out by the business or their representative. Regarding your guarantee claims after the one year is over, please contact the manufacturer.

 

When is Seller exempt from their guarantee obligations?

Seller shall only be exempt from their liability undertaken in the guarantee if they prove that the reason of the defect arose after the performance.

Please note that you cannot enforce an implied warranty claim and a guarantee claim, or a product warranty claim and a guarantee claim regarding the same defect simultaneously and in parallel with each-other, otherwise your guarantee rights are granted independently from your rights for warranty.