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TERMS OF PURCHASE

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Our General Terms and Conditions

The content of the contract between us is determined – in addition to the provisions of the relevant binding legislation – by these General Terms and Conditions (hereinafter: GTC). Accordingly, these Terms and Conditions contain the rights and obligations of you and us, the conditions for the conclusion of the contract, the performance deadlines, the delivery and payment conditions, the liability rules, and the conditions for exercising the right of withdrawal.

 

The technical information required to use the Website, which is not contained in these Terms and Conditions, is provided by other information available on the Website.

 

Before finalizing your order, you should familiarize yourself with the provisions of these GTC.

Procedure in case of incorrect price

It is considered an obviously erroneously displayed price:

 

 GBP 0 price,

 

 a price reduced with a discount, but the discount is incorrectly stated (e.g.: in the case of a GBP 1,000 product, with a 20% discount, the product is offered for GBP 500).

 

 In the case of an incorrect price, the Seller offers the possibility of purchasing the Goods at the real price, with which information the Buyer can decide whether to order the Goods at the real price or cancel the order without any adverse legal consequences

Complaint handling and legal enforcement options

The consumer can submit consumer objections regarding the Goods or the Seller’s activities at the following contact details:

 

 Phone: +44 (0)7810 0074422

 

Internet address: http://www.instantvap.co.uk E-mail: info@instantvap.co.uk

 

The consumer can verbally or in writing communicate his complaint to the company, which concerns the behavior, activities or omissions of the company, or the person acting in the interest or benefit of the company, which is directly related to the distribution or sale of the goods to consumers.

 

The company must investigate the verbal complaint immediately and remedy it as necessary . If the consumer does not agree with the handling of the complaint, or the immediate investigation of the complaint is not possible, the company is obliged to record the complaint and its position on it without delay, and to hand over a copy of it to the consumer on the spot in case of a verbal complaint made in person. In the case of a verbal complaint communicated by telephone or using other electronic communication services, it must be sent to the consumer at the latest within 30 days – in accordance with the regulations for the response to a written complaint – at the same time as the substantive response. In other respects, he is obliged to act as follows regarding the written complaint. The written complaint is the business– if the directly applicable legal act of the European Union does not provide otherwise – within thirty days after its receipt, you must respond in writing and take measures to communicate it . A shorter deadline than this can be established by law, and a longer deadline by law. The company is obliged to justify its position rejecting the complaint. The company must assign a unique identification number to the verbal complaint communicated by telephone or using an electronic communication service.

 

The record of the complaint must contain the following:

 
  1. name and address of the consumer,
  2. the place, time and method of presenting the complaint,
  3. a detailed description of the consumer’s complaint, a list of documents, documents and other evidence presented by the consumer,
  4. the company’s statement on its position regarding the consumer’s complaint, if the complaint can be investigated immediately,
  5. the signature of the person taking the minutes and – with the exception of verbal complaints communicated by telephone or other electronic communication services – the signature of the consumer,
  6. the place and time of taking the minutes,
  7. in the case of a verbal complaint communicated by telephone or using other electronic communication services, the unique identification number of the complaint.

The company must keep the minutes of the complaint and a copy of the response for three years and present it to the inspection authorities upon request.

 

In case of rejection of the complaint, the business is obliged to inform the consumer in writing about which authority or conciliation body he can initiate the procedure with his complaint – according to its nature. The information must also include the headquarters, telephone and internet contact details, and mailing address of the competent authority and the conciliation body based on the consumer’s place of residence or stay. The information also needs someone

Order processing, contract creation

You can place your order at any time. The Seller will confirm your offer by e-mail no later than on the working day following the sending of your offer. The contract is created when the confirmation email sent by the Seller becomes available to you in your mail system.

Prices

Prices are in GBP and include 20% VAT. The possibility of the Seller changing the prices for reasons of business policy cannot be ruled out. Changes to prices do not apply to contracts that have already been concluded. If the Seller has indicated the price incorrectly and an order has been received for the Goods, but the parties have not yet concluded a contract, the Seller will act on the basis of the “Incorrect price procedure” clause of the General Terms and Conditions.

 

Copyrights

LXXVI of 1999 on copyright. Act (hereinafter: Szt.) § 1 (1), the website is considered a copyrighted work, so all parts of it are protected by copyright. The Szt. On the basis of Section 16 (1), the unauthorized use of graphics and software solutions, computer programs on the website, as well as the use of any application that can be used to modify the website or any part of it, is prohibited. Any material from the website and its database may be taken, even with the written consent of the right holder, only by referring to the website and indicating the source. The copyright owner: InstantVap Tech Kft.

Consumer Friendly reviews

We inform the Buyers that the Seller uses the Consumer Friendly evaluation system on its Website. The evaluation system does not allow the evaluation of the individual Goods, but of the Seller (the webshop), the following technical measures in the evaluation system ensure that only actual customers can submit evaluations:

 
 
  1. the system works independently of the webshop that uses it in such a way that the evaluation WIDGET opens after the purchase, and the submitted evaluations are stored by the Consumer Friend (JUTASA) in its own system.
  2. The only way to submit an opinion is for the actual customer to write an opinion in an e-mail sent to the e-mail address given to the Consumer Friend after the purchase.
 

The webshop using the evaluation system has no technical possibility to delete the evaluations or opinions.

 

As a result of the above, the system only contains evaluations and opinions of real customers, and the system does not distinguish between positive and negative opinions, it displays them both.

Partial invalidity, code of conduct

If any point of the General Terms and Conditions is legally incomplete or invalid, the other points of the contract will remain in force and the provisions of the relevant legislation shall apply instead of the invalid or incorrect part.

 

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

Use of the website

The purchase is not subject to registration.

 

The website provides users with product presentations and online ordering. The User can browse the website using the menu items. The products are listed in a category system. All sale products available in the store can be found in the Sale products category. Each product is marked with the start and end dates of the promotion, or the start date and while supplies last.

 

You can find the products for which the store offers a quantity discount when ordering more than one item under the More for cheaper menu item.

 

In the New products menu, you can find the products that are newly available on the website. By clicking on the name of the category, you can see the list of products installed in it. If all the products in a given category do not fit on one page, you can use the numbers above and below the products to page. From the product list, the detailed product page can be accessed by clicking on the product name, here you can find out about the detailed characteristics and price of the product you want to order.

 

On the website, it is possible to search for a product based on a keyword. Product results matching the search criteria are displayed as a list, similar to the categories.

 

The selected product can be placed in the basket using the basket button, next to the button the required number of pieces can be set. The User can check the contents of the basket using the Basket menu item. Here you can change the quantity of the product in the basket you want to order, or you can delete the given item. You can also use the Empty Basket button to completely empty the basket.

 
 

The User can continue the purchase process by clicking the Order button. As a second step, there is an option

 
 

for entering, registering, and purchasing without registration. In case of registration and purchase without registration, the User must provide the following data: e-mail address, name, telephone number, billing address and, if different, the delivery address. In addition to the above data, a password must also be entered for registration. The User can find out about the successful registration by e-mail and on the website. The User can request the deletion of his registration from the Service Provider by e-mail, in which case he must register again for a new purchase.

 
 

The User is responsible for keeping access data confidential. The User is responsible for updating his data and is obliged to notify the Service Provider if he becomes aware that his data has been misused by a third party. In case of forgotten password, a new password can be requested on the website to the registered e-mail address. If the User has previously registered on the website, the order process can be continued by entering their e-mail address and password.

 
 

As the next step of the order, the User must choose the payment and delivery method that suits him. With the help of a summary page, the User can check all the previously entered data and the products they want to order and their quantities. In case of data entry errors, you can use the pencil icon to correct the entered data.

 
 

If you find everything suitable, you can finalize your order using the Submit Order button. You will receive confirmation of this on the website or by e-mail. If you notice incorrect data after the order has been recorded (e.g. in the confirmation e-mail), you must report it to the Service Provider immediately, but no later than within 24 hours. Regardless of the intention to order, the User can log in using the Buyer Login window or the Login menu item. After logging in, a Change data menu item appears, where you can change the data you entered during registration, as well as the data of your placed order and track its status.

Payment methods

Bank Transfer

You can also pay for the products by bank transfer. In this case, we do not charge a transaction fee, you are only charged for the transfer fees charged by your bank.

Cash on delivery

If you wish to settle the value of the order upon receipt of the package, select the “Cash on delivery” payment method. The cash on delivery fee is 1.6% of the order total.

Cash payment

You have the option to pay the price of the product and the delivery fee in cash upon receipt of the product, in the case of personal collection

PayPal

PayPal is available to customers in more than 200 countries as a simple and secure payment method. Transaction fee 7.5%.

PayPal has many advantages that make shopping easier and faster, while keeping your financial information safe:

One email, one password. This is all you need to pay or transfer money through our PayPal system. Your bank card can remain in your wallet.

It is not necessary to add money to your PayPal account for payment. It is enough to assign your bank card to your PayPal account, and you only need to do this once, in the beginning.

PayPal is a globally recognized payment method, the guarantee of secure transactions, with which you can pay for goods online in 26 different currencies.

Acceptance methods, acceptance fees

APC courier service

The product is delivered by APC courier service. More information: https://www.dpd.com/hu_privatugyfelek

Personal collection

Upon prior agreement, the order can also be picked up in person. You will not be charged any fees.

Completion date

Regarding the order, the general delivery deadline is a maximum of 30 days from the confirmation of the order. In case of delay by the Seller, the Buyer is entitled to set an additional deadline. If the Seller does not perform within the additional deadline, the Buyer is entitled to withdraw from the contract.

Reservation of rights, ownership clause

If you previously ordered Goods without receiving them during delivery (not including the case when you exercised your right of withdrawal), or if the Goods were returned to the seller with a not wanted mark, the Seller will fulfill the order with the purchase price and the obligates you to pay shipping costs in advance.

 
 

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

Sales abroad

We only sell InstantVap to UK consumers, for international orders please visit www.instantvap.eu

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 profession, independent occupation or business activity is considered, so legal entities cannot use the right of withdrawal without justification !

 

45/2014. (II. 26.) According to § 20 of the Government Decree, you have the right to cancel without giving reasons. The consumer has the right of withdrawal

  1.  In the case of a contract for the sale of goods
  2. aa) to the Goods,
  3. ab) when buying and selling several Goods, if the individual Goods are delivered at different times, to the last delivered Goods,

it can be exercised within the deadline starting from the date of receipt by the consumer or a third party indicated by him, other than the carrier, which deadline is 14 days.

45/2014. (II. 26.) The cancellation period provided by government decree is 14 days, the cancellation period agreed by the Seller in these GTC is a voluntary commitment in addition to what is written in the law.

The provisions of this clause do not affect the consumer’s right to exercise the right of withdrawal specified in this clause during the period between the date of conclusion of the contract and the date of receipt of the Goods.

If the consumer has made an offer to conclude the contract, the consumer has the right to withdraw the offer before the conclusion of the contract, which terminates the binding nature of the offer covering the conclusion of the contract.

Declaration of withdrawal, exercise of the consumer’s right of withdrawal or termination

45/2014, the consumer (II. 26.) You can exercise your right guaranteed in § 20 of the Government Decree by means of a clear declaration to this effect, or by using a sample declaration that can also be downloaded from the website.

Validity of the consumer’s declaration of withdrawal

The right of withdrawal shall be deemed to have been asserted within the deadline if the consumer sends his statement within the deadline. The deadline is 14 days.

In case of withdrawal or termination in writing, it is sufficient to send the statement of withdrawal or termination within 14 days.

45/2014. (II. 26.) The cancellation period provided by government decree is 14 days, the cancellation period agreed by the Seller in these GTC is a voluntary commitment in addition to what is written in the law.

The consumer bears the burden of proving that he exercised his right of withdrawal in accordance with this provision.

The Seller is obliged to confirm the consumer’s declaration of withdrawal on an electronic data medium after its arrival.

Obligations of the Seller in case of cancellation by the consumer

The Seller’s obligation to refund

If the consumer is the 45/2014. (II. 26.) cancels the contract in accordance with § 22 of the Government Decree, the Seller shall refund the full amount paid by the consumer as consideration, including the costs incurred in connection with the performance, no later than fourteen days after becoming aware of the cancellation, so

also the delivery fee. Please note that this provision does not apply to additional costs caused by choosing a mode of transport other than the least expensive standard mode of transport.

Method of the Seller’s refund obligation

45/2014. (II. 26.) In case of withdrawal or termination in accordance with § 22 of the Government Decree, the Seller will refund the amount due to the consumer in the same way as the payment method used by the consumer. Based on the express consent of the consumer, the Seller may use another payment method for the refund, but the consumer may not be charged any additional fees as a result. The Seller is not responsible for delays due to a wrongly and/or inaccurately provided bank account number or postal address by the Consumer.

Additional costs

If the consumer specifically chooses a mode of transport other than the least expensive usual mode of transport, the Seller is not obliged to reimburse the resulting additional costs. In such a case, we are obliged to refund up to the indicated general delivery charges.

Right of retention

The Seller may withhold the amount due to the consumer until the consumer has returned the Goods or proven beyond doubt that he has returned them; of the two, the earlier date must be taken into account. We are unable to accept items sent by cash on delivery or by post.

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

Return of the Goods

If the consumer is the 45/2014. (II. 26.) withdraws from the contract in accordance with § 22 of the Government Decree, must return the Goods immediately, but no later than fourteen days from the notification of withdrawal, or hand them over to the Seller or a person authorized by the Seller to receive the Goods. The return is deemed completed within the deadline if the consumer sends the Goods before the deadline.

Bearing direct costs related to the return of the Goods

The consumer bears the direct cost of returning the Goods. The Goods must be returned to the Seller’s address. If the consumer terminates the service provision contract concluded off-premises or between absent parties after the beginning of the performance, he is obliged to pay the company a fee commensurate with the service performed up to the date of notification of the termination to the company. The amount to be paid proportionately by the consumer must be determined on the basis of the total amount of the consideration established in the contract plus tax. If the consumer proves that the total amount determined in this way is excessively high, the proportional amount must be calculated based on the market value of the services performed up to the date of termination of the contract. Please take into consideration,

Consumer responsibility for depreciation

The consumer is responsible for the depreciation resulting from use exceeding the use necessary to determine the nature, properties and operation of the Goods.

The right of withdrawal cannot be exercised in the following cases

The Seller specifically 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 included in paragraph (1):

  1. after full performance of the service, however, if the contract creates a payment obligation a
 

for the consumer, this exceptional case can only be invoked if the performance began with the express prior consent of the consumer and the consumer’s acknowledgment that he loses his right of withdrawal as soon as the business has fully fulfilled the contract;

  1. with regard to Goods or services whose price or fee depends on the possible fluctuation of the financial market, even during the period specified for the exercise of the right of withdrawal, which cannot be influenced by the company;
  2. in the case of non-pre-manufactured Goods that have been produced based on the instructions or at the express request of the consumer, or in the case of Goods that have been clearly tailored to the consumer;
  3. with regard to goods that are perishable or retain their quality for a short time;
  4. with regard to Goods with closed packaging, which cannot be returned after being opened after delivery for reasons of health protection or hygiene;
  5. with regard to Goods which, by their nature, are inseparably mixed with other Goods after delivery;
  6. with regard to an alcoholic beverage, the actual value of which depends on market fluctuations in a manner beyond the company’s control, and the price of which was agreed upon by the parties when concluding the sales contract, but the performance of the contract only takes place after the thirtieth day from the conclusion of the contract;
  7. in the case of a business contract in which the business visits the consumer at the express request of the consumer in order to carry out urgent repair or maintenance work;
  8. with regard to the sale and purchase of audio and video recordings in sealed packaging, as well as copies of computer software, if the consumer has opened the packaging after delivery;
  9. with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;
  10. in the case of contracts concluded at a public auction;
  11. with the exception of housing services, in the case of a contract for the provision of accommodation, transport, car rental, catering or service related to leisure activities, if a deadline or deadline for performance specified in the contract has been agreed;
  12. with regard to digital content provided on a non-material data carrier, if the Seller has started performance with the express, prior consent of the consumer, and the consumer has simultaneously declared with this consent that he/she will lose his/her right of withdrawal after the start of performance, and the company has sent a confirmation to the for the consumer.

Information on product warranty and accessory warranty for guaranteeing the conformity of the goods in relation to consumer contracts

This section of the consumer information was prepared based on the authorization of Section 9 (3) of Government Decree 45/2014 (II.26.) taking into account Annex No. 3 of Government Decree 45/2014 (II.26)

The Consumer Information only applies to Buyers who qualify as consumers, the rules for buyers who are not considered consumers are included in a separate chapter.

Requirements for contractual performance in the case of a consumer contract

The requirements for contractual performance generally apply to goods sold under a consumer contract and goods containing a digital element

At the time of delivery, the Goods and the performance must comply with Regulation 373/2021. (VI.30.) to the requirements contained in the Government Decree.

In order for the performance to be considered contractual for the Goods that are the subject of the contract

it must correspond to the description, quantity, quality, type included in the contract, and must have the functionality, compatibility, interoperability and other characteristics specified in the contract

it must be suitable for any purpose specified by the consumer, which the consumer shall no later than a brought to the attention of the Seller when concluding the contract and accepted by the Seller must have all the accessories and user manuals specified in the contract – including commissioning instructions, installation instructions, and customer service support – and must provide the updates specified in the contract. In order for the performance to be deemed to be in accordance with the contract – in addition – to the Goods that are the subject of the contract. It must be suitable for the purposes that, in the case of the same type of Goods, are prescribed by law, technical standard or, in the absence of a technical standard, by the governing code of conduct. it must have the quantity, quality, performance and other characteristics that the Consumer can reasonably expect – especially in terms of functionality, compatibility, accessibility, continuity and safety – which is usual for the same type of Goods, taking into account the Seller, its representative or another person participating in the sales chain makes a public statement about the specific properties of the Goods – especially in an advertisement or on a label must have the accessories and instructions that the consumer can reasonably expect – including packaging and installation instructions – and it must correspond to the characteristics and description of the Goods presented by the company as a sample or model or made available as a trial version prior to the conclusion of the contract.

The Goods need not comply with the above public statement if the Seller proves that he didn’t know the public statement, and he didn’t need to know it the public statement had already been corrected in an appropriate manner by the time of the conclusion of the contract or the public statement could not have influenced the rightful party’s decision to conclude the contract.

Requirements for contractual performance in the case of the sale of goods sold under a consumer contract. The Seller performs incorrectly if the defect in the goods results from improper installation, provided that

  1. commissioning is part of the sales contract and was carried out by the Seller or was carried out under the Seller’s responsibility; obsession
  2. the commissioning had to be carried out by the consumer, and the unprofessional commissioning is the result of deficiencies in the commissioning instructions provided by the Seller – or in the case of goods containing digital elements – by the digital content or digital service provider.

If, according to the sales contract, the goods are put into operation by the Seller, or the putting into operation takes place under the responsibility of the Seller, the performance must be considered completed by the Seller when the putting into operation is completed.

 

If, in the case of goods containing digital elements, the contract of sale provides for the continuous provision of digital content or digital services over a specified period of time, the Seller is liable for a defect in the goods related to the digital content, if the defect occurs in the case of continuous service for a period not exceeding two years from the delivery of the goods in two years; or occurs or becomes recognizable.

Requirements for contractual performance in the case of goods containing digital elements sold within the framework of a consumer contract

In the case of goods containing digital elements, the Seller must ensure that the consumer is notified of such updates to the digital content of the goods or the related digital service – including security updates – which are necessary to maintain the conformity of the goods with the contract, and must also ensure that the consumer you get them too. Making the update available to the Seller if the sales contract provides for a one-time service of the digital content or digital service, then based on the type and purpose of the goods and digital elements, as well as the unique circumstances and the nature of the contract, the consumer can reasonably be expected by; obsession provides for continuous service of the digital content over a specified period, then in the case of continuous service of a duration not exceeding two years, it must be provided over a period of two years from the delivery of the goods.

If the consumer does not install the provided updates within a reasonable time, the Seller is not liable for the defect of the goods, if it arises solely from the failure to apply the relevant update, provided that

  1. the Seller informed the consumer about the availability of the update and the consequences of the consumer’s failure to install it; and
  2. the failure to install the update by the consumer or the incorrect installation of the update by the consumer cannot be attributed to the incompleteness of the installation instructions provided by the Seller

Defective performance cannot be established if, at the time of concluding the contract, the consumer received special information that a specific property of the goods differs from what is described here, and at the time of concluding the sales contract, the consumer separately and expressly accepted this deviation.

Accessories warranty

In which case can you exercise your accessory warranty right?

In the event of defective performance by the Seller, you may assert a warranty claim for accessories against the Seller in accordance with the rules of the Civil Code and, in the case of a consumer contract, Government Decree 373/2021 (VI.30).

What rights are you entitled to based on your warranty claim?

You can – according to your choice – make use of the following accessory warranty claims:

You can request a repair or replacement, unless the fulfillment of the request you choose is impossible or would involve disproportionate additional costs for the Seller compared to the fulfillment of another request. If you did not, or could not, request the repair or replacement, you may request a proportional reduction of the compensation or, as a last resort, you may withdraw from the contract.

You can transfer from your selected accessory warranty right to another, but you will bear the cost of the transfer, unless it was justified or the Seller gave a reason for it. In the case of a consumer contract, it must be assumed until proven otherwise that a defect recognized within one year from the date of delivery of the goods and goods containing digital elements already existed at the time of delivery of the goods, unless this presumption is incompatible with the nature of the goods or the nature of the defect. In the case of used goods, warranty and guarantee rights differ from the general rules. In the case of used Goods, we can also speak of defective performance, however, the circumstances under which the Buyer could have expected the occurrence of certain defects must be taken into account. As a result of obsolescence, the occurrence of certain defects becomes more and more frequent, as a result of which it cannot be assumed that a used Goods can have the same quality as a newly purchased one. Based on this, the Buyer can only enforce its warranty rights with respect to defects that are beyond defects resulting from use and that arose independently of them. If the used Goods are defective and the Buyer, who is considered a Consumer, received information about this at the time of purchase, The Seller may refuse to make the goods conform to the contract if repair or replacement is impossible, or if it would result in disproportionate additional costs for the Seller, taking into account all circumstances, including the value represented by the Goods in perfect condition, as well as the gravity of the breach of contract. The consumer is also entitled – in accordance with the severity of the breach of contract – to request a proportionate delivery of compensation or to terminate the sales contract if the Seller did not perform the repair or replacement, or performed it but did not fulfill the following conditions in whole or in part the Seller must ensure the return of the exchanged goods at his own expense if the repair or replacement requires the removal of goods that were put into operation in accordance with the nature and purpose of the goods – before the defect became recognisable, then the obligation to repair or replace includes the removal of the non-conforming goods and the commissioning of the replaced or repaired goods placing or bearing the costs of removal or commissioning. refused to make the goods conform to the contract a repeated performance error occurred, despite the fact that the Seller attempted to make the goods conform to the contract the performance error is so serious that it justifies an immediate price reduction or the immediate termination of the sales contract, or the Seller has not undertaken to bring the goods into conformity with the contract, or it is clear from the circumstances that the company will not bring the goods into conformity with the contract within a reasonable time frame or without significant damage to the consumer’s interests.

If the consumer wishes to terminate the sales contract citing faulty performance, the Seller bears the burden of proving that the fault is insignificant.

The Consumer is entitled to withhold the remaining part of the purchase price – depending on the severity of the breach of contract – in whole or in part, until the Seller fulfills its obligations related to the conformity of the performance with the contract and defective performance. It is a general rule that: the Seller must ensure the return of the exchanged goods at his own expense if the repair or replacement requires the removal of goods that were put into operation in accordance with the nature and purpose of the goods – before the defect became recognisable, then the obligation to repair or replace includes the removal of the non-conforming goods and the commissioning of the replaced or repaired goods placing or bearing the costs of removal or commissioning. The reasonable deadline for repairing or replacing the goods shall be calculated from the time when the Consumer informed the company of the defect.

The consumer must make the goods available to the company in order to complete the repair or replacement.

Delivery of compensation is proportional if its amount is equal to the difference between the value of the goods that the Consumer is entitled to in the case of contractual performance and the value of the goods actually received by the Consumer.

The Consumer’s right to terminate the sales contract can be exercised with a legal statement addressed to the Seller expressing the decision to terminate.

If the defective performance affects only a specific part of the goods supplied under the sales contract, and the conditions for exercising the right to terminate the contract exist in respect of them, the Consumer may terminate the sales contract only with regard to the defective goods, but also with respect to any other goods acquired together with them. may terminate it if the Consumer cannot reasonably be expected to keep only goods that conform to the contract.

If the Consumer terminates the sales contract in its entirety or with respect to a part of the goods supplied under the sales contract, then the Consumer must return the affected goods to the Seller at the Seller’s expense and the Seller must immediately refund to the Consumer the purchase price paid for the goods concerned, as soon as he has received the goods or the certificate supporting the return of the goods.

What is the deadline for asserting your warranty claim?

You are obliged to report the error immediately after discovering it. An error reported within two months of the discovery of the error shall be considered an error reported without delay. However, please note that the contract after the two-year limitation period from its performance, you may no longer assert your accessory warranty rights.The part of the repair time during which the Buyer cannot use the Goods as intended is not included in the limitation period.

The statute of limitations for the accessory warranty claim for the part of the Goods affected by the replacement or repair starts anew. This rule must also be applied if a new error arises as a result of the correction. If the subject of the contract between the consumer and the business is a used item, the parties can also agree on a shorter limitation period; a limitation period of less than one year cannot be validly established in this case either. Who can you enforce your accessory warranty claim against?

You can enforce your accessory warranty claim against the Seller.

What other conditions are there for asserting your accessory warranty rights?

Within one year from the date of delivery, there is no other condition for asserting your accessory warranty claim, apart from reporting the defect, if you prove that the Goods were provided by the Seller. However, after one year has passed since the performance, you are already obliged to prove that the defect you recognized was already present at the time of performance.

Product warranty

In which case can you use your product warranty right?

In the event of a defect in a movable thing (Goods), you can – according to your choice – assert a warranty claim for accessories or a claim for product warranty.

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

As a product warranty claim, you may only request the repair or replacement of defective Goods. In which case is the Goods considered defective? The goods are defective if they do not meet the quality requirements in force at the time they are put on the market or if they do not have the properties described by the manufacturer. What is the deadline for asserting 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. After this deadline, you will lose this right. Against whom and under what other conditions can you enforce your product warranty claim?

You can only exercise your product warranty claim against the manufacturer or distributor of the movable item. You must prove the defect of the Goods in the event of a product warranty claim.

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

The manufacturer (distributor) is only released from its product warranty obligation if it can prove that: manufactured or marketed the Goods outside of its business activities, or the defect was not detectable according to the state of science and technology at the time of placing it on the market or the defect in the Goods results from the application of legislation or mandatory official regulations. It is sufficient for the manufacturer (distributor) to prove one reason for exemption. Please note that due to the same defect, you cannot assert an accessory warranty claim and a product warranty claim at the same time, parallel to each other. However, if your product warranty claim is successfully asserted, your accessory warranty claim for the replaced Goods or repaired part against the manufacturer can validate.

Warranty

In which case can you use your warranty right?

151/2003 on the mandatory warranty for certain consumer durables. (IX. 22.) Pursuant to the Government Decree, the Seller is obliged to provide a warranty for the new consumer durables listed in Annex No. 1 of the Decree (e.g.: technical goods, tools, machines), as well as their accessories and components within the scope specified therein (hereinafter – in this point – together referred to as consumer goods) in case of sale.

In addition, the Seller may voluntarily undertake a warranty, in which case he must provide a warranty statement to the customer who is considered a Consumer.

The warranty statement must be made available to the Consumer on a durable data medium, at the latest at the time of delivery of the goods.

The warranty statement must include: the clear statement that in the event of defective performance of the goods, the Consumer is entitled to exercise his accessory warranty rights according to the law free of charge, these rights are not affected by the warranty the name and address of the guarantor the procedure to be followed by the Consumer in order to enforce the guarantee, the indication of the goods to which the guarantee applies and

warranty conditions.

What rights and within what time frame are you entitled to in the event of a mandatory warranty? Warranty rights Based on the right of warranty, the Buyer may request repair or replacement, request a price reduction in the cases provided for by law, or ultimately withdraw from the contract if the obligee has not undertaken the repair or replacement, is unable to comply with this obligation within the appropriate deadline, while protecting the rights holder’s interests , or if the right holder’s interest in repair or replacement has ceased.

The Buyer may assert his claim for repair directly at the Seller’s headquarters, any location, branch, and at the repair service specified by the Seller on the warranty card.

Validation deadline

The warranty claim can be asserted during the warranty period, the warranty period is governed by Art. 151/2003. (IX. 22.) According to government decree.

Failure to meet these deadlines results in loss of rights, however, in the case of repair of the consumer product, the warranty period is extended from the date of delivery for repair by the time during which the Customer could not use the consumer product as intended due to the defect.

The warranty period begins when the consumer product is handed over to the Buyer, or if the Seller or its agent performs the commissioning, it starts on the day of commissioning. If the Buyer puts the consumer product into operation more than six months from the date of handover, the start date of the warranty period is the day the consumer product was handed over.

Rules related to the handling of warranty claims

When handling the repair, the Seller must endeavor to complete the repair within 15 days. The deadline open for correction starts when the consumer product is received.

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

 

If, during the first repair of the consumer product during the warranty period, the Seller determines that the consumer product cannot be repaired, the Seller is obliged to replace the consumer product within eight days, unless otherwise ordered by the buyer. If it is not possible to exchange the consumer item, the Seller is obliged to refund the purchase price to the buyer within eight days of the invoice or receipt issued on the basis of the General Sales Tax Act on the proof of payment of the consideration for the consumer item presented by the consumer.

By accepting the General Terms and Conditions, the Customer consents to be provided with the information electronically or in another way suitable for proof of receipt by the Customer. If the Seller cannot repair the consumer product within 30 days:

if the Buyer has agreed to this, the correction can be completed for him at a later date, or

if the Customer does not agree to the subsequent performance of the repair, or has not made a statement in this regard, the consumer product must be replaced within eight days after the ineffective expiration of the thirty-day period, or if the Customer does not consent to the subsequent performance of the repair, or has not made a statement in this regard, but the consumer product cannot be exchanged, the sales price stated on the invoice or receipt of the consumer product must be refunded to him within eight days after the unsuccessful expiration of the thirty-day period. If the consumer product is defective for the 4th time, the Buyer is entitled to: contact the Seller for repairs, or instead of the request for correction, Act V of 2013 on the Civil Code 6:159. to request a proportionate reduction of the purchase price from the Seller on the basis of § (2) point b), or instead of the request for correction, Act V of 2013 on the Civil Code 6:159. § (2) point b) to repair the consumer product at the Seller’s expense or have it repaired by someone else, or if the Buyer does not use these rights (correction, price reduction and other corrections at the Seller’s expense) or does not make a statement regarding them, the consumer item must be replaced within 8 days, if it is not possible to replace the consumer item, on the account of the consumer item, or the sales price on his receipt must be refunded to him within eight days. Consumer goods with a fixed connection subject to a mandatory warranty according to Government Decree 151/2003, or those heavier than 10 kg, or which cannot be transported 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 company will take care of the disassembly and installation, as well as the delivery and return, or – in the case of a request for repair validated directly at the repair service – the repair service.

Warranty exclusions

The regulations written under the section “Rules related to the handling of warranty claims” do not apply to electric bicycles, electric scooters, quads, motorcycles, mopeds, cars, motorhomes, caravans, caravans, trailers, and motorized watercraft. In the case of these Goods, however, the Seller is obliged to endeavor to fulfill the repair request within 15 days. If the duration of the repair or replacement exceeds fifteen days, the Seller is obliged to inform the Buyer of the expected duration of the repair or replacement.

How does the warranty relate to other warranty rights?

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

During the period of the mandatory warranty, the Seller’s voluntary warranty undertaking may not contain conditions for the consumer that are more disadvantageous than the rights provided by the mandatory warranty rules. After that, however, the terms of the voluntary warranty can be freely determined, but the warranty in this case may not affect the existence of the consumer’s legal rights, including those based on the accessory warranty.

Exchange request within three working days

The institution of the exchange request within three working days also applies in the case of sales through an online store. 151/2003, a replacement request within three working days. (IX. 22.) It can be validated in the case of new durable consumer goods under the Government Decree, according to which, if someone validates the institution of the exchange request within 3 working days, the seller must interpret this as meaning that the Goods were already defective at the time of sale and you must exchange the Goods without further ado.

When is the Seller released from its warranty obligation?

The Seller is released from its warranty obligation only if it proves that the cause of the defect arose after the performance.

We would like to draw your attention to the fact that due to the same defect, you cannot assert a claim for accessory warranty and warranty, or a claim for product warranty and warranty at the same time, in parallel with each other, but otherwise you are entitled to the rights arising from the warranty regardless of the warranty entitlements.

Information on the product warranty and accessories warranty for the guarantee of the conformity of the goods in the case of non-consumer Buyers

General rules of warranty rights

A Customer who is not considered a consumer may – at his or her choice – use the following accessory warranty claims:

You can request a repair or replacement, unless the fulfillment of the request you choose is impossible or would involve disproportionate additional costs for the Seller compared to the fulfillment of another request. If you did not or could not ask for the repair or replacement, you can request a proportional delivery of the compensation, or the Buyer can repair the defect at the Seller’s expense, or have it repaired by someone else or – as a last resort – withdraw from the contract. You can transfer from your selected accessory warranty right to another, but you will bear the cost of the transfer, unless it was justified or the Seller gave a reason for it. In the case of used goods, warranty and guarantee rights differ from the general rules. In the case of used Goods, we can also speak of defective performance, however, the circumstances under which the Buyer could have expected the occurrence of certain defects must be taken into account. As a result of obsolescence, the occurrence of certain defects becomes more and more frequent, as a result of which it cannot be assumed that a used Goods can have the same quality as a newly purchased one. Based on this, the Buyer can only enforce its warranty rights with respect to defects that are beyond defects resulting from use and that arose independently of them. If the used Goods are defective and the Buyer, who is considered a Consumer, received information about this at the time of purchase, In the case of buyers who are not considered consumers, the deadline for asserting the warranty right is 1 year, which starts on the day of performance (handover).

Product warranty and guarantee

The product warranty and the mandatory warranty apply only to customers who qualify as consumers. If the Seller voluntarily provides a warranty for a given Product, this will be indicated separately during the purchase of the Product. If the manufacturer provides a manufacturer’s warranty for the Goods that also covers buyers who are not considered consumers, it can be enforced directly with the manufacturer.

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