Legal notice
LEGAL DECLARATION
INTRODUCTION
Thank you for visiting www.melogranomuro.com. This Legal Notice constitutes acceptance of the terms and conditions contained herein, even if you are not a registered user of the service provided through the internet platform (the "Website") under the domain www.okosmelogranomuro.com (the "Service") operated by Balaustra Di Melograno Limited Liability Company (the "Service Provider"). Your access to and use of the Website is subject to the terms and conditions of use set out in this Legal Notice ("Terms of Use") and the privacy policy available on the Website ("Privacy Policy"), and in the case of a registered user, the General Terms and Conditions, User Manual, which you accept by using the Website. If you do not accept the Terms of Use and the Privacy Policy, please leave the Website immediately and stop using it. Your access to and use of the Site, as well as your use of the information contained on the Site and links from the Site, are governed by these Terms of Use and the Privacy Policy.
COPYRIGHT / TRADEMARKS / INTELLECTUAL PROPERTY
The content uploaded to the Website, any intellectual property (trademark, industrial design, copyright, etc.) appearing on the Website, whether formally protected, currently under protection, not yet registered or not formally protected, or any other intellectual property rights (trademark, industrial design, copyright, etc.), including without limitation, any intellectual property rights, are protected by copyright, trademark law, trademark law, copyright, patents, patents, patents, etc. ) - as well as all intellectual works created by the Service Provider, in particular the associated documentation, source codes, databases, advertising films, spots, texts, advertising texts, slogans, graphics, concepts or typical elements thereof, plans, sketches, any graphic or typographical solutions, ideas, audio, video material, etc. ("Intellectual Creation") shall be the exclusive intellectual property of the Service Provider or third parties and the holder of all copyrights, both personal and proprietary, in them.
The content uploaded to the Website, Intellectual Creation is protected by copyright. Unauthorized use of the Content, Intellectual Property uploaded to the Site may infringe copyright, trademark and other rights. Please be advised that you do not acquire any rights to the Content, Intellectual Creation, and may use the Content uploaded to the Site only as permitted herein. Any use not permitted here is subject to the prior written permission of Balaustra Di Melograno Ltd. You must retain all copyright and other proprietary rights notices associated with the Content on all copies you make of the Content. You may not sell, transfer, assign, license, sublicense, sublicense, reproduce, modify, publicly perform, adapt, distribute or otherwise use the Content uploaded to the Site for any public or commercial purpose, except as provided below. The uploading of any content uploaded to the Site to any other website or computer network for any purpose is expressly prohibited.
The Site, including advertisements and publicity, is protected by copyright in its entirety and any part of it may not be cut out or re-transmitted to the public in any way. It is also forbidden to mirror the contents of the Site, i.e. to rebroadcast it to the public by means of technical operations, even in unaltered form, without the prior written consent of the Service Provider.
The contents and photographs and Intellectual Creations used on the Site are protected by copyright, and may not be published, broadcast or transmitted in any medium, whether in their original or transcribed form, or stored in whole or in part on a computer, except for personal and non-commercial use, subject to any use lawfully made after registration.
Balaustra Di Melograno Ltd. authorises downloading from the Website in the following cases:
(i) only one printed page of the download may be made and no further copies of the printed page are permitted
(ii) Downloads may only be used for personal, non-commercial purposes
(iii) You must comply with all applicable laws on the downloaded and/or printed materials and your use of the downloaded and/or printed materials is restricted by such laws.
For information on how to obtain permission from Balaustra Di Melograno Ltd. to use content uploaded to the Website or to attach your website to the Website, please contact hello@melogranomuro.com.
If you breach any part of these Terms of Use, your permission to access the content of the Site will immediately terminate and you must immediately destroy any copies of the content uploaded to the Site.
Certain designations on the Site are trademarks of Balaustra Di Melograno Ltd. Nothing contained on this Website shall be construed as granting, by implication, estoppel or otherwise, any licence to use any Trademark, unless Balaustra Di Melograno Ltd. grants such permission in writing in advance for each and every use. It is also prohibited to use the trademarks as part of a link to or from a website, unless the creation of such a link is authorised in writing by Balaustra Di Melograno Ltd. The goodwill resulting from the use of the trademark belongs to Balaustra Di Melograno Ltd.
Elements of our website are protected by copyright, trademark and unfair competition laws and may not be copied or imitated in whole or in part in any way, including but not limited to framing and mirroring. No part of the content uploaded to the Site may be retransmitted unless we expressly consent in writing to each retransmission.
You agree to notify Balaustra Di Melograno Ltd. in writing if you become aware of any unauthorized use of or access to the Site or its content, or become aware that the Site or its content infringes any copyright, trademark or other proprietary right or the rights of any third party.
Unauthorised use may give rise to the legal consequences provided for in civil or criminal legislation on intellectual property. Balaustra Di Melograno Ltd. may demand the cessation of the infringement and compensation for damages.
WARRANTY AND LIABILITY - EXCLUSION
We do not warrant that the content uploaded on the Site is accurate, complete, useful, timely, or reliable, nor do we guarantee the truth, accuracy, or completeness of the content transmitted to the user, nor for any errors, omissions, or mistakes in the content, other than as required by law. Similarly, we are not responsible for any interruption in the transmission of data or information for any reason. We do not warrant the appropriateness, completeness or usefulness of any opinion, advice or other content contained on the Site. The information on the Website is provided for information purposes only.
Balaustra Di Melograno Ltd. disclaims any liability for any external attack on the Site or the server that hosts it, subject to the provisions of the General Terms and Conditions. Thus, in the event that the Website or the server is attacked and the Users or visitors temporarily receive incorrect system messages, the Service Provider shall not be liable in any way for such cases.
We are not responsible for the error-free and uninterrupted operation of the Website or for any errors that may damage the content, subject to the provisions of the General Terms and Conditions. If the use of the Website results in the need to repair or replace data or equipment, we shall not be liable for the costs of such repairs or replacements.
The Site and the content uploaded to the Site are provided on an "as is" basis and we are not responsible for the quality or otherwise of the content. We disclaim liability for any commercial exploitability and for any infringement of third party rights by content not uploaded by us to the Site and, to the extent permitted by law, for any infringement of third party rights by the Site and content uploaded to the Site.
In particular, we exclude liability for any damages arising from the conduct of third parties (e.g. modification of data on the Site). We exclude liability for content uploaded by third parties. We also accept no responsibility for the operation of the Internet service or the computer equipment you use to access the Site. Nor are we responsible for the compatibility of the Site with your computer.
We will not be liable for any damages whatsoever arising out of the use of or inability to use the Site and the Content, including, without limitation, unforeseeable damages, consequential damages, including lost profits, damages for loss of data or interruption of service, even if we have been expressly advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability, in which case the above rules of warranty and exclusion of liability do not apply to you. In such states, our liability is limited to the maximum extent permitted by applicable law.
You understand that your use of the Site, including the content, is at your own risk. If you are not satisfied with the Site or its content, please stop using the Site immediately.
OUTSIDE WEBSITES
The Site may contain links to third party websites ("External Sites"). These links are provided for your convenience only and the content of the External Sites has not been reviewed or approved by us. The External Sites are developed and determined by other persons. If you have any concerns about the content of an External Site, or links to it, please contact the maintainer or webmaster of that External Site. We are not responsible for the content of any linked External Site and make no representations about the content of any External Site or the truthfulness or accuracy of any material posted thereon. When downloading files from any Website, please exercise caution and protect your computer from viruses or other infectious programs. Please note that if you click on links to External Sites, you do so at your own risk.
COMPLIANCE WITH APPLICABLE LAWS WHEN USING FROM ABROAD
We operate our Website under the domain name www.melogranomuro.com, i.e. a domain name registered under .hu, and the Website is directed to the territory of Hungary. Please note that we do not accept any responsibility for the content uploaded to the Website being downloadable, viewable or suitable for use outside Hungary. If you access the Site from outside Hungary, you do so at your own risk. Whether you are visiting our Site from within or outside Hungary, it is your responsibility to ensure that you use the Site in accordance with the rules of the jurisdiction that governs you.
LIMITATIONS ON ACCESS TO THE WEBSITE
The Website is not directed to any person who is prohibited from visiting the Website for any reason by any applicable law. If you are prohibited from visiting the Website, please stop visiting the Website immediately.
This Legal Notice does not constitute legal advice: if you have any questions about the Site, your use of the Site or this Legal Notice, please consult legal counsel.
INFORMATION THAT MAY BE AUTOMATICALLY STORED ON YOUR COMPUTER'S HARD DRIVE
When downloading from the Site, small data files (cookies) may be installed on the user's computer for the purpose of recording data, identifying the user and facilitating further visits. In such cases, our web server may record non-personal information such as the date and time of your visit, pages visited, the address of the website that sent you to our Site, the browser program you are using (Internet Explorer, Firefox, GoogleChrome, etc.), the type of operating system you are using (Windows, Mac OS), or your Internet access provider. If you do not register with the Site, the information we collect about you will be kept anonymous. Most browsers give you the option to delete cookies from your computer, prevent them from being installed, or receive a warning before a cookie is stored on your computer. Please refer to your browser's instructions to learn about these features. Please note that removing cookies or preventing their placement may prevent you from fully using our website. You may need to download an application or change your security settings to access some information on the Site.
PROTECTION OF MINORS
Children may use our Website and services under the supervision of a parent or legal guardian. Please note that, under applicable law, a minor may only make a valid legal declaration with the consent or subsequent approval of his or her legal representative (parent) in certain cases, and in certain cases the legal representative (parent) may make a legal declaration on behalf of the minor. In such cases, the legal representative (parent) must accept these Terms of Use. When providing personal data, the parent or legal guardian will fill in the declaration form.
MIXED PROVISIONS
These Terms of Use are governed by the substantive law of Hungary, excluding its conflict of laws rules. Unless otherwise provided by law, you expressly submit to the exclusive jurisdiction of the courts of Hungary. If any provision of these Terms of Use is declared invalid or terminated by a court of competent jurisdiction pursuant to the termination clause above, such partial invalidity or termination shall not affect the validity of any subsection of these Terms of Use.
Failure to apply or enforce any provision of these Terms of Use shall not constitute a waiver of any right under that or any other provision of these Terms of Use. No waiver shall be effective unless expressly stated in writing, and no waiver of any right shall be deemed a waiver of any other right.
General contractual conditions
General Terms and Conditions, hereinafter referred to as GTC
This document is not filed, is concluded in electronic form only, does not constitute a written contract and does not refer to a code of conduct. For any questions regarding the operation of the website, the ordering and delivery process, please contact us at the contact details provided.
These GTC apply to the legal relations on the Service Provider's website (https://www.melogranomuro.com) and its subdomains. These GTC are permanently available on the following website: https://www.melogranomuro.com
By using the Website and by registering, you, as the buyer (hereinafter referred to as the "Buyer"), accept and are bound by the provisions of these Terms and Conditions and acknowledge and agree to the following.
1. PROVIDER DETAILS:
Name of the service provider: Balaustra Di Melograno Limited Liability Company
Provider's registered office.
Location of the service provider (and the complaints office):
2100 Gödöllő Szarvas Street 4.
Address of the provider: 2100 Gödöllő Szarvas Street 4.
Contact details of the service provider, regularly used electronic mail address for contacting customers: hello@melogranomuro.com
Company registration number: 13 09 203156
Tax number: 27279401-2-13
Telephone number: +36-20-403-7547
2. BASIC PROVISIONS:
2.1. The mandatory provisions of the relevant legislation shall apply to the parties without any specific stipulation.
2.2 These Regulations shall enter into force on 01 April 2021 and shall remain in force until revoked. The Service Provider is entitled to unilaterally amend these Regulations. The Service Provider shall publish the amendments on the website 11 (eleven) days before they enter into force. By using the Website, Users agree that all regulations relating to their use of the Website shall automatically apply to them.
2.3. If the User does not accept the Terms and Conditions, he/she is not entitled to view the content of the website.
2.4 The Service Provider reserves all rights in respect of the Website, any part of the Website and the content displayed thereon, and the distribution of the Website. You may not download, electronically store, process or sell the content of the website or any part thereof without the written consent of the Provider.
2.5 Our Company's website is protected by copyright. The whole or parts of the content displayed on the website may not be used, printed, reproduced, distributed, stored or transferred in any form or by any means other than for your own personal use and to the extent permitted by our Company without our prior written permission.
3. REGISTRATION/PURCHASE
3.1 By purchasing/registering on the website, the User declares that he/she has read and accepted the terms and conditions of these GTC and the Privacy Policy published on the website and consents to the processing of data.
3.2. In case of false data or data that can be linked to another person provided during the purchase/registration, the resulting electronic contract shall be null and void. The Service Provider excludes its liability if the User uses its services in the name of another person and with the data of another person.
3.3.The Service Provider shall not be liable for any delivery delays or other problems or errors caused by incorrect and/or inaccurate data provided by the User.
4. Registration, products available for purchase
4.1. The purchase of products/services indicated on the website can be initiated online (email, registration interface).
4.2 Registration is carried out by all our partners and approved by our company. Each partner will be able to access his/her own account with the login data, where he/she will only see the content corresponding to his/her authorization.
Our Company is also entitled to cancel the registration if the use of the website (browsing or shopping) by the User, Customer detects abuse, illegal conduct or acts. The registered Customer may terminate his/her registration at any time in writing by sending an email to the Customer Service Department. If the Customer has forgotten his/her login details, he/she can request a new password under "Forgotten password", which will be sent to the e-mail address provided during registration. The registered Buyer may only enter, purchase or act on his own behalf. In the case of a business entity, the person authorised or authorised to act on behalf of the business entity may act. The registered Buyer is entitled to use all the services that he has indicated during the registration.
4.3 A detailed price list of the products is available to registered Buyers.
4.4 The Website will provide details of the product name, technical specifications and a photograph of the product. However, the images displayed on the product data sheet may differ from the reality. The displays on monitors, phones and tablets may show different designs and products in different ways and qualities. This can be reflected in sharpness, colour and texture.
4.5.The melogranomuro.com website only sells new products (not used) and services. The products are not in the form of a classic webshop, we create wallpapers individually to the customer's needs.
SCOPE OF PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE
- The products displayed can only be ordered online, in writing. The final price of the products is made in writing in the form of an offer, which can only be approved in writing.
- The images displayed on the product data sheet may differ from the real product and are provided for illustrative purposes. We cannot be held responsible for any discrepancy between the image displayed on the website and the actual appearance of the product. As digital devices have different colour rendition.
- If a discounted price is offered, the Service Provider will fully inform Users of the discount and its exact duration.
5. ORDERING PROCEDURE
5.1. Without registering, you can do so by email at hello@melogranomuro.com.
5.2 User must specify the exact size of the product(s) to be purchased, which must consist of width and height dimensions.
5.3. User sends us his order electronically to the email address hello@melogranomuro.com, which must include the exact type of design, the exact size, width height data, color code.
5.4 The User must provide in writing the delivery address and, if he requests a design, the location of the design.
5.5.1 Payment methods: In all cases, we can only accept orders by advance payment, and we will start production upon receipt of the request for payment. We will issue an invoice for the payment upon receipt of the request for payment.
The user must transfer the amount of the ordered products to the bank account indicated in the confirmation e-mail within 3 days. After the amount has been credited to the Service Provider's bank account, the User is entitled to receive the product(s) in the manner specified by him. Delivery on site or personal collection.
5.5.2:
For prepayments, credit card payments and cash on delivery, net 4.990 HUF, free of charge for orders over 200.000 HUF net.
5.6 The total amount payable includes all costs based on the order summary and confirmation letter. The User is obliged to inspect the parcel before the courier on delivery and, in the event of any damage to the products or packaging, to request a report to be made, and in the event of damage, not to accept the parcel. The Service Provider will not accept any subsequent complaints without a report!
Parcels are delivered on working days between 9 am and 5 pm.
5.7. Correction of errors: the user is obliged to provide accurate information.
The Service Provider is not responsible for the accuracy of the data provided, so if there is a discrepancy or omission, only the User is responsible, and the correction is possible before the order form is approved.The User must provide the data.The data provided must be accurate.The Service Provider is not responsible for the accuracy of the data provided, so if there is a discrepancy or omission, only the User is responsible, and the correction is possible before the order form is approved. Once the order form has been approved, no correction is possible.
5.8. The User will receive an e-mail confirmation after sending the order. If this confirmation has not been received by the User within a reasonable period of time, depending on the nature of the service, but not later than 72 hours after the User's order has been sent, the User shall be released from any obligation to make an offer or to enter into a contract. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes available to the latter. The Service Provider shall not be liable for confirmation if the confirmation is not received in time because the User has entered an incorrect e-mail address during registration or because the storage space of his account is full and he is unable to receive messages.
6. PROCESSING AND FULFILMENT OF ORDERS
6.1. It is also possible to place an order outside the times indicated as order processing times, provided that the order is placed after the end of working hours, the following
day following the day of the order. The Service Provider's customer service will always confirm by e-mail or by telephone when it can process your order.
6.2 The general time limit for performance is normally 7 working days from the date of confirmation.
6.3. Based on the sales contract, the Service Provider is obliged to transfer the ownership of the goods, the User is obliged to pay the purchase price and take delivery of the goods.
6.4 If the seller is a business and the buyer is a consumer, and the seller undertakes to deliver the thing to the buyer, the risk of loss passes to the buyer when the buyer or a third party designated by the buyer takes possession of the thing. The risk passes to the buyer at the time of delivery to the carrier if the carrier has been engaged by the buyer, provided that the carrier has not been recommended by the seller.
6.5 If the seller is a business and the buyer is a consumer, the seller (in these GTC: the Service Provider) shall, unless otherwise agreed by the parties, make the goods available to the buyer (User) without delay after the conclusion of the contract, but no later than thirty days after the conclusion of the contract.
6.6 In the event of delay on the part of the Supplier, the User shall be entitled to set a grace period. If the seller does not perform within the grace period, the buyer is entitled to withdraw from the contract.
6.7. The User shall be entitled to withdraw from the contract without granting a grace period if
a) the Supplier has refused to perform the contract; or
(b) the contract should have been performed at the time agreed for performance and not at any other time, either by agreement between the parties or by reason of the recognisable purpose of the service.
6.8 If the Service Provider fails to fulfil its contractual obligation because the product specified in the contract is not available, it shall immediately inform the User thereof and immediately refund the amount paid by the User.
7. RIGHT OF WITHDRAWAL
7.1. Article 29 (1) The consumer may not exercise the right under Article 20 c) in the case of a product which is not a prefabricated product, which has been manufactured on the basis of the consumer's instructions or at the consumer's express request, or in the case of a product which is clearly personalised for the consumer.
7.2 In other cases, information on the right of withdrawal is set out in this point.
7.3 Pursuant to the provisions of Directive 2011/83/EU of the European Parliament and of the Council and the provisions of Government Decree 45/2014 (26.II.26) on the detailed rules of contracts between consumers and businesses, the Consumer may withdraw from the contract without giving any reason within 14 days of receipt of the ordered product, and return the ordered product. In the absence of this information, the Consumer is entitled to exercise his right of withdrawal until 1 year has elapsed. If the Service Provider gives the information after the expiry of 14 days from the date of receipt of the product or the date of conclusion of the contract, but within 12 months, the period for withdrawal shall be 14 days from the date of communication of this information.
7.4 The Consumer may exercise the right of withdrawal by means of an unambiguous declaration to this effect or by means of the model declaration set out in Annex 2 to Government Decree No. 45/2014 (26.II.26.).
7.5 The period for exercising the right of withdrawal expires 14 days after the day on which the Consumer or a third party other than the carrier and indicated by the Consumer takes delivery of the goods.
7.6 The Consumer may also exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the goods.
7.7 The cost of returning the product must be borne by the consumer, the company has not undertaken to bear this cost.
7.8. In the event of exercising the right of withdrawal, the Consumer shall not be charged any costs other than the cost of returning the product.
7.9 The right of withdrawal shall not apply to a consumer in the case of a product which is not prefabricated, which has been manufactured on the basis of instructions or at the express request of the consumer, or in the case of a product which is clearly personalised for the consumer.
7.10. The consumer may also not exercise his right of withdrawal
a. in the case of a contract for the provision of a service, after the entire performance of the service, if the undertaking has begun performance with the consumer's express prior consent and the consumer has acknowledged that he will lose his right of withdrawal after the entire performance of the service;
b. for goods or services whose price or price is subject to fluctuations in the financial market which are beyond the control of the undertaking and which may occur during the period during which the right of withdrawal may be exercised;
c. in respect of a perishable product or a product whose quality is short-lived;
d. in the case of a product in sealed packaging which, for health or hygiene reasons, cannot be returned after opening after delivery;
e. in respect of a product which, by its nature, is inseparably mixed with other products after delivery;
f. in respect of an alcoholic beverage the actual value of which is dependent on market fluctuations beyond the control of the undertaking and the price of which was agreed between the parties at the time of conclusion of the sales contract but the contract is not performed until 30 days after the date of conclusion;
g. in the case of a contract for a service where the undertaking, at the express request of the consumer, visits the consumer in order to carry out urgent repair or maintenance work;
h. for the sale of a copy of a sound or video recording or computer software in sealed packaging, if the consumer has opened the packaging after delivery;
in respect of newspapers, periodicals and periodicals, with the exception of subscription contracts;
j. for contracts concluded at public auction;
for a contract for the provision of accommodation, transport, car hire, catering or leisure activities, other than a contract for the provision of housing services, where a deadline or period for performance has been fixed in the contract;
l. in respect of digital content provided on a non-tangible medium, where the undertaking has commenced performance with the consumer's express prior consent and the consumer has, at the same time as giving that consent, acknowledged that he has lost his right of withdrawal once performance has begun.
7.11. The Supplier shall reimburse the amount paid, including the delivery charges, to the Consumer without undue delay after the return of the goods/receipt of the notice of withdrawal in accordance with the above legislation, but no later than 14 days after becoming aware of the withdrawal.
7.12. The refund will be made by the same method of payment as the original transaction, unless the Consumer expressly agrees to another method of payment; no additional costs will be charged to the Consumer as a result of this method of refund.
7.13. The Consumer shall return the goods or deliver them to the Supplier's address without undue delay and in any case not later than 14 days after the date of sending the notice of withdrawal from the contract to the Supplier.
7.14. In the event of withdrawal in writing, it is sufficient for the Consumer to send the notice of withdrawal within 14 days.
7.15. The Consumer complies with the time limit if he returns or surrenders the product(s) before the expiry of the 14-day period. The return is deemed to have been made within the time limit if the consumer sends the product(s) before the expiry of the time limit.
7.16. The consumer bears only the direct cost of returning the product, unless the business has undertaken to bear this cost.
7.17. The Supplier shall not be obliged to reimburse the Consumer for any additional costs resulting from the choice of a mode of transport other than the cheapest usual mode of transport offered by the Supplier.
7.18. The Supplier may withhold reimbursement until the goods(s) have been returned or the Consumer has provided proof that they have been returned, whichever is the earlier.
7.19. If the Consumer wishes to exercise his/her right of withdrawal, he/she may do so in writing (using the enclosed form), by telephone or in person at one of the Service Provider's contact details. In the case of written notification by post, the date of posting will be taken into account, and in the case of notification by telephone, the date of notification by telephone. In the case of indications by post, the Service Provider will accept indications as registered mail or parcels. The Consumer may return the ordered product to the Service Provider by post or courier.
7.20. The Consumer is liable only for the loss of value resulting from the use of the product beyond the use necessary to determine its nature, properties and function (Article 25 of Government Decree 45/2014 (26.II)). In case of disagreement between the parties on the interpretation of "use beyond the necessary use", the interpretation of this is a matter for the courts. We inform the consumer that the legislator presumably meant "intended use" when formulating the term "necessary use".
7.21. Government Decree No. 45/2014 (26.2.2014) on the detailed rules of contracts between consumers and businesses is available here.
7.22. Directive 2011/83/EU of the European Parliament and of the Council is available here.
7.23. Consumers may also contact the Service Provider with other complaints using the contact details provided in this Policy.
7.24. The right of withdrawal shall only apply to Users who are consumers within the meaning of the Civil Code.
7.25. The right of withdrawal does not apply to a business, i.e. a person acting in the course of his/her profession, self-employment or business activity.
7.26. The procedure for exercising the right of withdrawal:
7.26.1 If the Consumer wishes to exercise the right of withdrawal, he/she must notify the Service Provider of his/her intention to withdraw by contacting the Service Provider.
7.26.2. In the case of written withdrawal, it is sufficient to send only the withdrawal notice within 14 days. In the case of notification by post, the date of posting will be taken into account, in the case of notification by email or fax, the date of sending the email or fax will be taken into account.
7.26.3 In the event of withdrawal, the Consumer shall return the ordered product to the Service Provider's address without delay, but no later than 14 days from the date of notification of his withdrawal. The deadline is deemed to have been met if the product is sent before the 14-day deadline (i.e. it does not have to arrive within 14 days). The customer shall bear the costs incurred in returning the goods as a result of exercising the right of withdrawal.
7.26.4 However, the Service Provider is not obliged to reimburse the Consumer for any additional costs resulting from the choice of a mode of transport other than the cheapest usual mode of transport offered by the Service Provider. The Consumer shall also exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the goods.
7.26.5 In the case of the sale of several products, if the delivery of each product takes place at a different time, the Customer may exercise the right of withdrawal within 14 days of the date of receipt of the last product delivered or, in the case of products consisting of several lots or pieces, of the last lot or piece delivered.
8. Warranty, guarantee
Defective performance
The debtor has failed to perform if the service does not meet the quality requirements laid down in the contract or by law at the time of performance. The obligor is not in default if the person entitled knew of the lack of conformity at the time of the conclusion of the contract or should have known of the lack of conformity at the time of the conclusion of the contract.
A term in a contract between a consumer and an undertaking which derogates from the provisions of this Chapter relating to the warranty of fitness for purpose and the guarantee to the detriment of the consumer is void.
Warranty
8.1. In the event of a defective performance by the Service Provider, the User may claim a warranty of conformity from the Service Provider in accordance with the rules of the Civil Code.
8.2. What rights does the User have under his/her warranty claim?
The User may, at his/her option, make the following warranty claims: request repair or replacement, unless the fulfilment of the claim chosen by the User is impossible or would involve disproportionate additional costs for the company compared to the fulfilment of another claim. If the repair or replacement is not requested or could not be requested, the User may request a proportionate reduction of the price or have the defect repaired or replaced at the expense of the undertaking or, as a last resort, may withdraw from the contract. The User may transfer his right of warranty from one of his chosen rights to another, but the cost of such transfer shall be borne by the User, unless it was justified or the enterprise gave a reason for it.
8.3. The User must notify the defect immediately after its discovery, but not later than two months after the discovery of the defect. Please note, however, that you may not claim for any damages beyond the two-year limitation period from the date of performance of the contract.
8.4. The User may assert a warranty claim against the Service Provider.
8.5. What other conditions are there for exercising the rights of the Customer?
Within six months from the date of performance, there are no other conditions for asserting a claim for a supplementary warranty other than the notification of the defect, if the User proves that the product or service was provided by the company operating the webshop. However, after six months from the date of performance, the User shall be obliged to prove that the defect discovered by the User existed at the time of performance.
Product Warranty
8.6. In the event of a defect in movable goods (product), the User may, at his option, claim either a supplementary warranty or a product warranty.
8.7 What rights does the User have under a product warranty claim?
As a product warranty claim, the User may only request the repair or replacement of the defective product.
8.8. A product is defective if it does not meet the quality requirements in force at the time of its placing on the market or if it does not have the characteristics described by the manufacturer.
8.9. The User may make a product warranty claim within two years of the date on which the product was placed on the market by the manufacturer. After this period has expired, he loses this right.
8.10. Against whom and under what other conditions can the User assert a product warranty claim?
You can only exercise your product warranty rights against the manufacturer or distributor of the movable item. In the event of a product warranty claim, the User must prove that the product is defective.
8.11. In which cases is the manufacturer (distributor) exempted from its product warranty obligation?
The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:
- the product was not manufactured or imported in the course of his business
placed on the market, or
- the defect was not, according to the state of science and technology, within the scope of the product's intended use
was not foreseeable at the time of manufacture, or
- the defect in the product resulted from the application of a law or a compulsory standard prescribed by a public authority
results from.
The manufacturer (distributor) need only prove one ground for exemption. Please note that you cannot claim both a warranty for accessories and a product warranty for the same defect at the same time. However, if your product warranty claim is successful, you may pursue your accessories warranty claim against the manufacturer for the replaced product or repaired part.
8.12. In which cases can a consumer exercise his right to a warranty claim?
In the case of defective performance, the Service Provider is obliged to provide a warranty in accordance with Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain consumer durables, if the user is a consumer.
8.13. What are the rights of the User under the warranty and within what period of time?
The warranty period is one year. The warranty period starts on the date of delivery of the consumer goods to the consumer or, if the installation is carried out by the distributor or his agent, on the date of installation.
8.14. When is a business exempted from its warranty obligation?
The Service Provider shall be released from its warranty obligation only if it proves that the cause of the defect arose after performance. Please note that you may not assert a warranty claim and a guarantee claim or a product warranty claim and a guarantee claim for the same defect at the same time, but otherwise the consumer is entitled to the rights arising from the guarantee irrespective of the rights described in the product and the accessories warranty chapters.
8.15. The Service Provider shall not be liable for damages resulting from natural wear and tear/decay beyond the warranty period (professional life).
8.16. Furthermore, the Service Provider shall not be liable for damages resulting from faulty or negligent handling, excessive use or other than specified
or other improper use of the products.
8.17. If the consumer claims for a replacement of the goods within three working days of the purchase (installation) because of a defect, the Service Provider is obliged to replace the goods, provided that the defect prevents the goods from being used as intended.
9. PROCEDURE IN THE EVENT OF A WARRANTY CLAIM
9.1 In a contract between a consumer and a business, the agreement of the parties may not derogate from the provisions of this Regulation to the detriment of the consumer.
9.2 The consumer is obliged to prove the conclusion of the contract (by means of an invoice or even just a receipt).
9.3. The costs related to the fulfilment of the warranty obligation shall be borne by the Service Provider (Civil Code § 6:166).
9.4. The Service Provider shall keep a record of the warranty or guarantee claim notified to it by the consumer.
9.5. A copy of the report must be made available to the consumer without delay in a verifiable manner.
9.6 If the supplier is unable to declare whether the consumer's warranty or guarantee claim can be met at the time of notification, it must inform the consumer of its position within five working days in a verifiable manner.
9.7 The Service Provider shall keep the minutes for three years from the date of their recording and shall produce them at the request of the supervisory authority.
9.8 The Supplier must endeavour to carry out the repair or replacement within a maximum of fifteen days.
10. MISCELLANEOUS PROVISIONS
10.1 The Service Provider shall be entitled to use the services of an intermediary to fulfil its obligations. The service provider shall be fully liable for any unlawful conduct of the service provider, as if the service provider had committed the unlawful conduct himself.
10.2 If any part of these Terms and Conditions becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining parts shall not be affected.
10.3 If the Service Provider fails to exercise any right it may have under these Terms and Conditions, its failure to exercise such right shall not be deemed a waiver of such right.
No waiver of any right shall be valid unless expressly stated in writing. The failure of the Service Provider on one occasion to strictly adhere to a material term of these Terms and Conditions, or
clause of the Terms and Conditions does not constitute a waiver of the right to insist on strict compliance with that term or clause in the future.
10.4 The Service Provider and the User shall attempt to settle their disputes amicably.
11. COMPLAINTS HANDLING PROCEDURE
11.1 Our Company aims to fulfil all orders with the appropriate quality and to the full satisfaction of the Customer. If the User has a complaint about the contract or its performance, he/she may make the complaint by telephone, e-mail or letter.
11.2 The Service Provider will immediately investigate the verbal complaint and, if necessary, remedy it. If the customer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Service Provider shall immediately take a record of the complaint and its position on the complaint and shall provide the customer with a copy of the record.
11.3 The Service shall reply to the written complaint in writing within 30 days. It shall give reasons for its position rejecting the complaint. The Service Provider shall keep a record of the complaint and a copy of the reply for five years and shall present it to the supervisory authorities upon request.
11.4 You are informed that, if your complaint is rejected, you may submit your complaint to a public authority or a conciliation body, as described below:
11.5 The Consumer may lodge a complaint with the consumer protection authority:
The Consumer may lodge a complaint with the consumer protection authority:
According to Government Decree 387/2016 (XII. 2.) on the designation of the consumer protection authority, the district office or the district office of the county seat shall act in the first instance in administrative authority matters, and the Pest County Government Office shall act in the second instance with national jurisdiction.
Contact details of the district offices: http://jarasinfo.gov.hu