- Web shop
Name : Masterworks Hungary Kft
Headquarters : 1054 Budapest, Honvéd utca 8. 1st floor. 2.
Mailing address : Budapest, Honvéd utca 8. 1. em. 2.
Registering authority : Metropolitan Court
Company registration number : 01-09-401388
Tax number : 27869624-2-41
Representative : Pavel Smirnov
Phone number : +3670 557 7451
Email : firstname.lastname@example.org
Website : https://www.masterworks.hu
Bank account number: 11715007-21532683
Name : Shopify International Limited
Headquarters : 2nd Floor, 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland
Contact : 0800-808-5233, email@example.com
Website : https://www.shopify.com/
Goods : offered on the Website and intended for sale on the Website:
Goods containing digital elements : movable things that include or are linked to digital content or digital services in such a way that the goods could not perform their functions without the digital content or digital service concerned
Parties : Seller and Buyer together
Consumer : a natural person acting outside the scope of his profession, independent occupation or business activity
Consumer contract : a contract, one of whose subjects is considered a consumer
Functionality : the ability of a good containing digital elements, digital content or a digital service to perform functions appropriate to its purpose
Manufacturer : the producer of the Goods, in the case of imported Goods, the importer who brings the Goods into the territory of the European Union, as well as any person who, by indicating the name, trademark or other distinguishing mark of the Goods, presents himself as a manufacturer
Interoperability : the ability of a good, digital content or digital service containing digital elements to work with hardware and software different from that with which the same type of good, digital content or digital service is normally used
Compatibility : the ability of a good, digital content or digital service containing digital elements to work - without the need for conversion - with hardware or software with which goods, digital content or digital services of the same type are normally used together
Website : this website, which serves to conclude the contract
Contract : A sales contract created between the Seller and the Buyer using the Website and electronic correspondence
Durable data medium : any device that enables the consumer or the business to store the data addressed to him/her personally in a way that is still accessible in the future and for a period of time suitable for the purpose of the data, as well as to display the stored data in an unchanged form
Device enabling communication between absent parties : a device that is suitable for making a contract declaration in the absence of the parties - in order to conclude a contract. Such a device is, in particular, an addressed or unaddressed form, a standard letter, an advertisement published in a press product with an order form, a catalog, a telephone, a fax machine and a device providing Internet access.
Absentee contract : a consumer contract that is concluded without the simultaneous physical presence of the parties within the framework of a distance selling system organized for the provision of goods or services in accordance with the contract, in such a way that, in order to conclude the contract, the contracting parties use a device that enables communication between absent parties only
Business : a person acting in the scope of his profession, independent occupation or business activity
Buyer/You : person entering into a contract making a purchase offer via the Website
Warranty : In the case of contracts concluded between the consumer and the business (hereinafter: consumer contract), according to the Civil Code,
Purchase price : consideration to be paid for the Goods and for the provision of digital content.
The Contract is governed by the provisions of Hungarian law, and in particular the following legislation applies:
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.
You are obliged to familiarize yourself with the provisions of these GTC before finalizing your order.
The language of the contracts covered by these General Terms and Conditions is Hungarian.
Contracts falling within the scope of these GTC are not written contracts, they are not filed by the Seller.
Prices are in HUF and include 27% 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" section of the General Terms and Conditions.
It is considered an obviously incorrect price:
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.
The consumer can submit consumer objections regarding the Goods or the Seller's activities at the following contact details:
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. If the directly applicable legal act of the European Union does not provide otherwise, the company must answer the written complaint in writing within thirty days after its receipt 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:
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 residence. The information must also cover whether the company uses the conciliation board procedure in order to settle the consumer dispute. If any consumer dispute between the Seller and the consumer is not settled during the negotiations, the following legal enforcement options are open to the consumer:
It is possible to lodge a complaint with the consumer protection authorities. If the consumer notices a violation of his consumer rights, he is entitled to file a complaint with the competent consumer protection authority according to his place of residence. After evaluating the complaint, the authority decides on the conduct of the consumer protection procedure. The first-level official tasks for consumer protection are carried out by the capital and county government offices competent according to the consumer's place of residence, a list of them can be found here: http://www.kormanyhivatal.hu/
The customer is entitled to assert his claim arising from a consumer dispute before the court in the framework of civil proceedings in accordance with 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 inform you that you can file a consumer complaint against us. If we reject your consumer complaint, you are also entitled to contact the Conciliation Board, which is competent according to your place of residence or residence: the condition for initiating the proceedings of the conciliation board is that the consumer directly attempts to settle the dispute with the concerned business. Based on the consumer's request, the conciliation body specified in the consumer's request is responsible for the procedure instead of the competent body.
The company has an obligation to cooperate in the conciliation board procedure.
As part of this, there is an obligation for businesses to send a response to the invitation of the conciliation board, and the obligation to appear before the conciliation board is recorded as an obligation ("ensuring the participation of a person authorized to establish a settlement at the hearing").
If the company's seat or location is not registered in the county of the chamber that operates the territorially competent conciliation board, the company's obligation to cooperate extends to offering the possibility of concluding a written agreement that meets the consumer's needs.
In the case of breach of the above obligation to cooperate, the consumer protection authority has the power to impose mandatory fines in case of unlawful behavior of businesses as a result of the change in legislation, there is no possibility of waiving the fine. In addition to the Act on Consumer Protection, the relevant provisions of the Act on Small and Medium Enterprises have also been amended, so the imposition of fines cannot be avoided in the case of small and medium enterprises either.
In the case of small and medium-sized enterprises, the fine can range from HUF 15,000 to HUF 500,000, while in the case of non-small and medium-sized enterprises with annual net sales exceeding HUF 100 million under the scope of the Accounting Act, the fine can range from HUF 15,000 to 5% of the company's annual net sales up to , but may extend to a maximum of HUF 500 million. By introducing the mandatory fine, the legislator aims to emphasize cooperation with conciliation bodies and to ensure the active participation of businesses in the conciliation body procedure.
The conciliation board is responsible for settling consumer disputes outside of court proceedings. The task of the conciliation board is to attempt to reach an agreement between the parties for the purpose of settling the consumer dispute, and in the event of this being unsuccessful, it makes a decision on the matter in order to ensure simple, fast, efficient and cost-saving enforcement of consumer rights. At the request of the consumer or the business, the conciliation body provides advice on the rights of the consumer and the obligations of the consumer.
The procedure of the conciliation board starts at the consumer's request. The request must be submitted in writing to the chairman of the conciliation board: the written requirement can be fulfilled by letter, telegram, teletypewriter or fax, as well as by any other means that enables the recipient to store the data addressed to him permanently for a period appropriate to the purpose of the data , and displaying the stored data in unchanged form and content. The application must include
The document or its copy (extract) whose content the consumer cites as evidence must be attached to the application, so in particular the written statement of the company about the rejection of the complaint, or, in the absence of this, other written evidence available to the consumer about the attempted negotiation.
If the consumer acts through a proxy, the power of attorney must be attached to the application.
More information about the Conciliation Boards is available here: http://www.bekeltetes.hu
More information about the territorially competent Conciliation Boards is available here:
Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy I. u. 36.
Postal address: 7625 Pécs, Majorossy I. u. 36
Phone number: 06-72-507-154
Mobile: +36 20 283-3422
Bács-Kiskun County Conciliation Board
Address: 6000 Kecskemét, Árpád krt. 4.
Postal address: 6001 Kecskemét, Pf. 228.
Phone number: 06-76-501-500; 06-76-501-525, 06-70-938-4765, 06-70-938-4764
Békés County Conciliation Board
Address: 5600 Békéscsaba, Penza ltp. 5.
Phone number: 06-66-324-976
Borsod-Abaúj-Zemplén County Conciliation Board
Address: 3525 Miskolc, Szentpáli u. 1.
Telephone number: 06-46-501-091; 06-46-501-090
Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99. I. em. 111.
Postal address: 1253 Budapest, Pf.:10.
Phone number: +36-1-488-21-31
Csongrád-Csanád County Conciliation Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone number: 06-62-554-250/118
Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúsétátér 4-6.
Phone number: 06-22-510-310
Győr-Moson-Sopron County Conciliation Board
Address: 9021 Győr, Szent István út 10/a.
Phone number: 06-96-520-217
Hajdú-Bihar County Conciliation Board
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Phone number: 06-52-500-710; 06-52-500-745
E-mail: firstname.lastname@example.org ; email@example.com
Heves County Conciliation Board
Address: 3300 Eger, Hadnagy u. 6th grade 1.
Postal address: 3300 Eger, Faiskola u. 15.
Phone number: 06-36-416-660/ext. 105
Jász-Nagykun-Szolnok County Conciliation Board
Address: 5000 Szolnok, Verseghy park 8. III. floor 303-304.
Komárom-Esztergom County Conciliation Board
Address: 2800 Tatabánya, Fő tér 36.
Telephone number: 06-34-513-010; 06-34-513-012
Mobile: 06-30-201-1647; 06-30-201-1877
Nógrád County Conciliation Board
Address: 3100 Salgótarján, Mártírok útja 4.
Phone number: 06-32-520-860
Pest County Conciliation Board
Address: 1055 Budapest, Balassi Bálint u. 25. IV/2.
Phone number: 06-1-269-0703
Somogy County Conciliation Board
Address: Anna u. 6, 7400 Kaposvár.
Phone number: 06-82-501-000
Szabolcs-Szatmár-Bereg County Conciliation Board
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Phone number: +36-42-420-280
Tolna County Conciliation Board
Address: 7100 Szekszárd, Arany J. u. 23-25. III. floor
Phone number: 06-74-411-661
E-mail: firstname.lastname@example.org ; email@example.com
Vas County Conciliation Board
Address: Honvéd tér 2, 9700 Szombathely.
Phone number: 06-94-506-645
Veszprém County Conciliation Board
Address: 8200 Veszprém, Radnóti tér 1. ground floor 115-116.
Telephone number: 06-88-814-121; 06-88-814-111
Zala County Conciliation Board
Address: 8900 Zalaegerszeg, Petőfi út 24.
Phone number: 06-92-550-513
The European Commission has created a website where consumers can register, so they have the opportunity to settle their legal disputes related to online purchases by filling out an application, avoiding court proceedings. In this way, consumers can assert their rights without, for example, distance preventing them from doing so.
If you want to make a complaint about a product or service you bought online and you don't necessarily want to go to court, you can use the online dispute resolution tool.
On the portal, you and the merchant against whom you have filed a complaint can jointly select the dispute resolution body you want to entrust with handling the complaint.
The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
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:
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.
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.
The availability of the servers providing the data displayed on the website is over 99.9% per year. The entire data content is regularly backed up, so in the event of a problem, the original data content can be restored. The data displayed on the website are stored in MSSQL and MySQL databases. Sensitive data is stored with an appropriate level of encryption, and hardware support built into the processor is used to encode it.
On the website, we provide information on the essential properties of the Goods that can be purchased in the descriptions of each of the Goods.
During the ordering process, before finalizing the order, you can change the data you entered at any time (clicking the back button in the browser opens the previous page, so the entered data can be corrected even if you have already moved to the next page). Please note that it is your responsibility to ensure that the data you provide is entered accurately, as the Goods will be invoiced and delivered based on the data provided by you. We would like to draw your attention to the fact that an incorrectly entered e-mail address or the saturation of the storage space belonging to the mailbox may result in the lack of delivery of the confirmation and prevent the conclusion of the contract. If the Buyer has finalized his order and discovers an error in the given data, he must initiate the modification of his order as soon as possible. The Buyer can notify the Seller of changes to the incorrect order by sending a letter from the e-mail address provided at the time of the order or by calling the Seller.
The purchase is not subject to registration.
By clicking on the product categories on the website, you can select the desired product family and the individual Goods within it. By clicking on each Product, you will find the Product's photo, article number, description, and price. In case of purchase, you must pay the price listed on the website.
After selecting the Product, you can click on the "Add to Cart" button to place any number of Products in the cart without any obligation to purchase or pay, as adding to the cart does not constitute an offer.
We recommend that you place the Goods in the basket even if you are not sure whether you wish to purchase the particular Goods, because this will give you an overview of the Goods you have selected at the given moment and display them on one screen with one click. can view and compare. The contents of the Basket can be modified freely until the order is finalized - until the "Finalize Order" button is pressed, Goods can be removed from the basket as desired, new Goods can be added to the basket as desired, and the desired quantity can be changed.
If you place the selected Product in the Basket, a separate window will pop up with the text "The Product has been added to the basket". If you do not wish to select more Products, click on the "Continue to the basket" button! If you want to view the selected Product again or add another Product to the cart, click the "Back to Product" button!
When using the website, you can check the contents of the basket at any time by clicking on the "View Cart" icon at the top of the website. Here you can remove the selected Goods from the basket or change the number of Goods. After pressing the "Update cart" button, the system displays the information corresponding to the data you have changed, including the price of the Goods added to the cart.
If you do not wish to select additional Goods and place them in the basket, you can continue shopping by pressing the "Order" button.
After pressing the "Order" button, the contents of the basket will be displayed, as well as the total purchase price to be paid in the case of the purchase of the Goods selected by you. In the "Delivery service" box, you must indicate whether you wish to collect the ordered Goods personally (personal collection) or request delivery. In case of delivery, the system indicates the delivery fee, which you must pay when placing an order.
You can enter your e-mail address in the "User data" 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 data entered during "Billing information". If you request delivery to a different address, please remove the check mark. You can enter any additional information in the "Comment" text box.
After filling in the above text boxes, you can continue the ordering process by clicking on the "Continue with the next step" button, or by clicking on the "Cancel" button, you can delete/correct the data entered so far and return to the contents of the Cart. If you click on the "Continue to the next step" button, you will be taken to the "Order overview" page. Here you can see a summary of the data you previously provided, such as the contents of the Cart, user, billing and delivery data and the amount to be paid (you cannot change these data here, except by clicking the "Back" button).
If you are convinced that the contents of the basket correspond to the Goods you want to order, and that your information is correct, you can complete your order by clicking the "Payment" button. The information provided on the website does not constitute an offer to conclude a contract on the part of the Seller. In the case of orders falling under the scope of these GTC, you are considered to be the offeror.
By pressing the "Payment" button, you expressly acknowledge that your offer must be considered as made, and that your statement - in the event of confirmation by the Seller in accordance with these GTC - entails a payment obligation. You are bound by your offer for a period of 48 hours. If your offer is not confirmed by the Seller within 48 hours according to these general terms and conditions, you will be released from your obligation to make an offer.
Orders are processed in two steps. You can place your order at any time. You will first receive an automatic confirmation of your order, which only records the fact that your order has been received via the website, but this confirmation does not constitute acceptance of your offer. If you notice that the automatic confirmation e-mail notification contains your data incorrectly (e.g. name, delivery address, telephone number, etc.), you are obliged to inform us of this fact - at the same time as entering the correct data - by e-mail to communicate. If you do not receive the automatic confirmation email within 24 hours of placing your order, please contact us, as it is possible that your order did not arrive in our system for technical reasons.
After sending your offer, the Seller will confirm your offer via a second e-mail. The contract is created when the confirmation email sent by the Seller becomes available to you in your mail system (second confirmation).
You can also pay for the Goods by bank transfer.
The Simple Online Payment System is developed and operated by OTP Mobil Kft. OTP Mobil Kft. is a member of the OTP Group.
Customers using the service can choose Simple's simple and secure payment solution for online purchases. You can then make your payment as usual, on the Simple interface.
The payment process is the same as the payment procedure offered in the framework of similar services of banks. Keeping in mind the security of the user, i.e. the cardholder, Simple continuously monitors transactions during the service and provides assistance in preventing unexpected events.
WHAT ARE THE TRANSACTION STEPS?
More information: https://www.simple.hu/Fooldal
In the online store, it is possible to pay with the Stripe payment solution.
More information about Stripe in English is available here .
We deliver to your location.
We deliver the products as soon as they are available in our warehouse in Budapest. You can also choose to pick up the goods in our warehouse.
For our customers in Budapest, we provide free delivery for orders over HUF 100,000. Delivery is HUF 5,000 + VAT for orders under HUF 40,000, and HUF 7,000 + VAT for orders between HUF 40,001 - 100,000.
For customers within a 60 km radius of Budapest, we provide free delivery for orders over HUF 300,000. Delivery of orders under HUF 300,000 is HUF 30,000 + AFA.
In the case of orders for other areas of Hungary, the delivery conditions are made according to demand.
Personal collection collection from our warehouse is free of charge.
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.
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 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.
The Seller does not distinguish between Buyers in the territory of Hungary and outside the territory of the European Union using the Website. In the absence of a different provision of these GTC, the Seller ensures the delivery/receipt of the ordered Goods in the territory of Hungary.
The provisions of these General Terms and Conditions apply to purchases outside of Hungary as well, with the fact that, based on the provisions of the relevant regulation, a consumer who is a citizen of a Member State or has a place of residence in a Member State, or a business that has a place of business in a Member State, is considered a buyer in the interpretation of this point. and within the European Union buys goods or uses services for the sole purpose of end use, or acts with such intent. A consumer is a natural person who acts for a purpose that is outside the scope of his commercial, industrial, craft or professional activities.
The language of communication and purchase is primarily Hungarian, the Seller is not obliged to communicate with the Buyer in the language of the Buyer's home country.
The Seller is not obliged to comply with the non-contractual requirements, such as labeling or sector-specific requirements, defined in the national law of the Buyer's Member State in relation to the relevant Goods, or to inform the Buyer of these requirements.
Unless otherwise specified by the Seller, Hungarian VAT applies to all Goods.
The Customer may exercise his legal rights in accordance with these Terms and Conditions.
If an electronic payment solution is used, the payment is made in the currency specified by the Seller,
The Seller may withhold the delivery of the Goods until he is satisfied that the payment of the price of the Goods and the delivery fee has been successfully and fully made using the electronic payment solution (including the case when, in the case of Goods paid by bank transfer, the Buyer transfers in the currency of his Member State due to the purchase price (delivery fee) and the conversion, as well as bank commissions and costs, the Seller does not receive the full amount of the purchase price). If the price of the Goods has not been paid in full, the Seller may ask the Buyer to supplement the purchase price.
In order to hand over the Goods, the Seller also provides non-Hungarian Buyers with the same handover options as Hungarian Buyers.
If, according to the General Terms and Conditions, the Customer may request the delivery of the Goods to the territory of Hungary or to the territory of any other European Union member state, the non-Hungarian customer may also request this by any of the delivery methods indicated in the General Terms and Conditions.
If, according to the General Terms and Conditions, the Buyer can choose to receive the Goods in person from the Seller, this can also be used by non-Hungarian Buyers.
In other cases, the Buyer may request that the Goods be transported abroad at his own expense. Hungarian Buyers are not entitled to this right.
The Seller fulfills the order after payment of the delivery fee, if the Buyer does not pay the delivery fee to the Seller, or does not resolve the delivery itself by the pre-agreed date, the Seller will terminate the contract and refund the pre-paid purchase price to the Buyer .
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
a) In the case of a contract for the sale of goods
aa) to the Goods,
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 day 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.
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.
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.
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.
If the consumer is the 45/2014. (II. 26.) withdraws from the contract in accordance with § 22 of the Government Decree, the Seller shall refund the full amount paid by the consumer as compensation, including the costs incurred in connection with the performance, such as the delivery fee, within fourteen days of becoming aware of the withdrawal at the latest too. 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.
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 consumer's express consent, 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.
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.
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.
If the consumer is the 45/2014. (II. 26.) withdraws from the contract in accordance with § 22 of the Government Decree, is obliged to return the Goods immediately, but no later than within 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.
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 note that we are unable to accept goods returned by cash on delivery or by postage.
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 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):
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
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
The Goods need not comply with the above public statement if the Seller proves that
The Seller performs incorrectly if the defect in the goods results from improper installation, provided that
a) commissioning is part of the sales contract and was carried out by the Seller or was carried out under the Seller's responsibility; obsession
b) 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.
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
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
a) the Seller informed the consumer about the availability of the update and the consequences of the consumer's failure to install it; and
b) failure to install the update by the consumer or 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.
This section of the consumer information was prepared by taking into account Annex No. 3 of Government Decree 45/2014 (II.26) based on the authorization of Article 9 (3) of Government Decree 45/2014 (II.26).
In the event of defective performance by the Seller, you may assert a warranty claim against the Seller in accordance with the provisions of the Civil Code and, in the case of a consumer contract, Government Decree 373/2021 (VI.30).
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 ask for the repair or replacement, you can request a proportional delivery of the compensation or you can repair the defect at the Seller's expense, or you can have it repaired by someone else or - as a last resort - you can also 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, was informed of this at the time of purchase, the Service Provider has no responsibility for the known defect.
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).
In the case of a contract between a consumer and a business for the sale and purchase of movable goods or the provision of digital content, the Consumer shall be entitled to the provisions of the section "General rules of warranty rights" with the deviations in this section.
In the case of a contract between a consumer and a business for the sale and purchase of movable goods or the provision of digital content, the Consumer may not repair the defect at the Seller's expense, or have it repaired by someone else, within the framework of exercising his accessory warranty rights.
The Seller may refuse to make the goods conform to the contract if repair or replacement is impossible, or if doing so 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 severity 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
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 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
You are obliged to report the error immediately after discovering it. An error reported within two months from the discovery of the error shall be considered an error reported without delay. At the same time, we would like to draw your attention to the fact that you can no longer assert your accessory warranty rights beyond the two-year limitation period from the completion of the contract. If the subject of the contract between the consumer and the business is a used thing, 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.
You can enforce your accessory warranty claim against the Seller.
Within six months from the date of delivery (one year in the case of the purchase of goods), there is no other condition for validating your accessory warranty claim, apart from reporting the defect, if you prove that the Goods or the service was provided by the Seller. However, after six months from the date of delivery (one year in the case of a sale of goods), you are already obliged to prove that the defect you recognized was already present at the time of delivery.
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.
As a product warranty claim, you may only request the repair or replacement of defective Goods.
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.
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.
You may 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.
The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:
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, in case of successful enforcement of your product warranty claim, you may assert your accessory warranty claim for the replaced Product or repaired part against the manufacturer.
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 state:
Based on the warranty right, the Buyer may, as a general rule, make a claim for repair or replacement, and may repair or repair the defect himself at the expense of the obligee, request a price reduction, or ultimately withdraw from the contract if the obligee has not undertaken the repair or replacement within the time limit corresponding to this obligation, is unable to do so while protecting the rights holder's interests, or if the 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.
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.
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 agrees that the information may be provided 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 consumer product is defective for the 4th time, the Buyer is entitled to:
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, trailers, 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.
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.
Consumer goods with a fixed connection subject to the mandatory warranty according to Government Decree 151/2003, or those weighing more 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.
During the period of the mandatory warranty, the Seller's undertaking may not contain conditions for the consumer that are more disadvantageous than the rights provided by the rules of the mandatory warranty. After that, however, the terms of the voluntary warranty can be freely established, but the warranty in this case may not affect the existence of the consumer's legal rights, including those based on the accessories warranty.
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 enforced 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.
The Seller is released from his warranty obligation only if he 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.