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
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.
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, no later than fourteen days after becoming aware of the withdrawal 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 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.
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, 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.
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 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).
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 is entitled to the provisions of the section "General rules of warranty rights" with the deviations according to 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 himself 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 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
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 counted from the time when the Consumer communicated the defect to the company.
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 rights, 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 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 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 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.
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 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.
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.
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.
To: Masterworks Hungary Kft (address: 1136 Budapest, Pannónia utca 30. Ü3. door , e-mail: hello@masterworks.hu)
I, the undersigned, declare that I exercise my right of withdrawal/termination with respect to the contract for the sale of the following Goods(es) or the provision of the following service:
................................................... ................................................... ................................................... ............................................
................................................... ................................................... ................................................... ............................................
Date of conclusion of the contract / date of acceptance: ............................................. ................................................... ........................
Name of the consumer: .............................................. ................................................... ................................................... .................
Address of the consumer: .............................................. ................................................... ................................................... .................
Please return the purchase price to the following bank account number (fill it in if you want us to pay the purchase price back by bank transfer):
................................................... ................................................... ................................................... ............................................
Signature of the consumer: (only in the case of a statement made on paper)
................................................
Dated.
* made by A 45/2014. (II.26.) government decree no. 2 on the basis of the declaration model according to the Annex
