GENERAL TERMS AND CONDITIONS (GCF)
www.vesperroyale.com – in force from 2024-08-15
Preamble
Welcome to our website! Thank you for choosing us for your purchase!
These terms and conditions of this webshop have been created with the help of the Consumer Friendly Terms and Conditions Generator.
If you have any questions regarding these Terms and Conditions, the use of the website, the individual products, the purchase process, or if you would like to discuss your specific needs with us, please contact us using the contact details provided.
Imprint: details of the Service Provider (Seller, Company)
Name: dr. Barbara Barcsik Anita E.V.
Address: 1131 Budapest, Nővér utca 2
Address for correspondence: 1131 Budapest, Nővér utca 2
Registering authority: Nemzeti Adó- és Vámhivatal
Registration number: 59325738
Tax number: 90174285-2-41
Representative: dr. Barbara Anita Barcsik
Phone number: 0036703701875
E-mail: hello@vesperroyale.com
Website: http://www.vesperroyale.com
Bankszámlaszám: 12600016-16647208-89057078
Details of the service provider
Name: Websupport Hungary Kft.
Registered office: 1119 Budapest Fehérvári út 97-99.
Contact: +36 22 78 76 74 support@websupport.hu
Website: www.websupport.hu
Concepts
11116.Support.Tel:
– movable goods, including water, gas and electricity delivered in containers, cylinders or otherwise in limited quantities or of a specified capacity, and
– movable goods which incorporate or are connected to digital content or digital services in such a way that, in the absence of the digital content or digital service concerned, the goods would not be able to fulfil their functions (hereinafter referred to as goods containing digital elements)
Goods incorporating digital elements: movable property that incorporates or is connected to digital content or a digital service in such a way that, in the absence of the digital content or digital service concerned, the goods would not be able to fulfil their functions
Digital content: data produced or supplied in digital form
Parties: Seller and Buyer jointly
Consumer: a natural person acting for purposes other than his/her own occupation and economic activity, who buys, orders, receives, uses, makes use of or is the addressee of a commercial communication or offer in relation to Goods. For the purposes of the rules applicable to the conciliation body, with the exception of the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, a consumer is, in addition to the above, a civil organisation, a religious legal person, a condominium, a housing association, acting for purposes outside its independent occupation and economic activity, which buys, orders, receives, uses, makes use of or is the addressee of commercial communications or offers relating to goods. For the purpose of Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 concerning action against unjustified territorial restrictions based on the nationality, residence or domicile of the buyer and other forms of discrimination based on content and other grounds of discrimination in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (‘Regulation (EU) 2018/302’), a consumer is, in addition to the above, an undertaking which is a buyer within the meaning of Regulation (EU) 2018/302
Consumer contract: a contract to which one of the parties is a consumer
Functionality: the ability of a good, digital content or digital service containing digital elements to perform the functions for which it is intended
Manufacturer: the manufacturer of the Goods, or, in the case of imported Goods, the importer who imports the Goods into the European Union, and any person who claims to be the manufacturer by using the name, trade mark or other distinguishing mark of the Goods.
Interoperability: the ability of a good, digital content or digital service that contains digital elements to interoperate with hardware and software that is different from that with which goods, digital content or digital services of the same type are commonly used
Compatibility: the ability of a good, digital content or digital service containing digital elements to interoperate, without the need for modification, with hardware or software with which the same type of good, digital content or digital service is commonly used
Website: the present website which is used for the conclusion of the contract
Contract: a contract of sale between the Seller and the Buyer using the Website and electronic mail
Durable medium: any device which enables a consumer or business to store data addressed personally to him in a way that is accessible in the future, for an appropriate period of time for the purposes for which the data were intended, and to display the stored data in an unchanged form
Device for remote peer-to-peer communication: a device which enables the parties to make a contractual statement in their absence in order to conclude a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in the press with order forms, catalogues, telephones, faxes and Internet access
‘Distance contract’ means a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only to conclude the contract
Undertaking: a person acting in the course of his trade, profession, self-employed occupation or business
Buyer(s): the person who enters into a contract by submitting a purchase offer via the Website
Standstill: in the case of contracts concluded between a consumer and a business (hereinafter referred to as “consumer contract”), in accordance with the Civil Code,
1. a guarantee for the performance of the contract, which the business voluntarily assumes for the proper performance of the contract, in addition to its legal obligation or in the absence thereof, and
2. a mandatory statutory guarantee
Purchase Price: the consideration payable for the Goods and for the supply of digital content.
elevant legislation
The Contract shall be governed by the provisions of Hungarian law, and in particular by the following laws:
– Act CLV of 1997 on Consumer Protection
– Act CVIII of 2001 on certain aspects of electronic commerce services and information society services
– Act V of 2013 on the Civil Code
– Government Decree No 151/2003 (22.IX.2003) on the mandatory warranty for consumer durables
– IM Decree 10/2024 (28.VI.) on the definition of the scope of consumer durables covered by the compulsory guarantee
– Government Decree No. 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses
– 19/2014 (IV.29.) NGM Decree on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business
– Act LXXVI of 1999 on Copyright
– Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information
– REGULATION (EU) No 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on combating unjustified territorial restrictions and other forms of discrimination based on the nationality, residence or domicile of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
– REGULATION (EU) No 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the processing of personal data processed in violation of the Treaty on the Functioning of the European Union
on the free movement of data and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation)
– Government Decree No 373/2021 (VI. 30.) on the detailed rules for contracts between consumers and businesses for the sale of goods and the supply of digital content and services
Scope and adoption of the GTC
The content of the contract concluded between us is determined by these General Terms and Conditions (hereinafter referred to as “GTC”), in addition to the provisions of the applicable mandatory legislation. Accordingly, these General Terms and Conditions contain the rights and obligations of you and us, the conditions under which the contract is concluded, the time limits for performance, the delivery and payment terms, the liability rules and the conditions for exercising the right of withdrawal.
The technical information necessary for the use of the Website, which is not contained in these GTC, is provided by other information available on the Website.
You must read these GTC before finalising your order.
Language of the contract, form of the contract
The language of the contracts covered by these GTC is English.
Contracts covered by these GTC are not contracts in writing and are not registered by the Seller.
E-invoice
Our Company uses electronic invoices pursuant to Article 175 of Act CXXVII of 2007. By accepting these GTC, you agree to the use of electronic invoices.
Prices
Prices are in Euro and include VAT at 27%. The possibility of the Seller changing the prices for commercial policy reasons cannot be excluded. The modification of prices does not apply to contracts already concluded. If the Seller has indicated the price incorrectly and an order has been received by the Seller but no contract has yet been concluded between the parties, the Seller shall act in accordance with the “Procedure for incorrect price” clause of the GTC.
Procedure in case of incorrect price
It is considered to be a price that is obviously incorrect:
– A price of HUF 0,
– a price reduced by a discount, but incorrectly calculated in relation to the percentage of the discount indicated next to the original price (e.g.: in the case of a 1000 HUF item, the item incorrectly offered for 500 HUF instead of the correct 800 HUF, which was incorrectly calculated and not reduced in accordance with the percentage, while indicating a 20% discount).
In the case of an incorrect price indication, the Seller offers the possibility to buy the Goods at the real price, in the knowledge of which the Buyer can decide whether to order the Goods at the real price or to cancel the order without any adverse legal consequences.
Complaints and redress procedures
The consumer may lodge a claim for a warranty, product warranty or guarantee in respect of the Goods or a complaint concerning the conduct, activity or omission of the Seller or a person acting in the interests or on behalf of the Seller directly connected with the distribution or sale of the Goods to consumers, aimed at the termination of an individual’s rights or interests (consumer complaint under the Consumer Complaints Act), using the following contact details and methods:
– In writing via the following website: http://www.vesperroyale.com
– In writing via the following e-mail address: hello@vesperroyale.com
– In writing by post to: 1131 Budapest, Nővér utca 2
The Seller is obliged to deal with the consumer’s warranty, product warranty or guarantee claim not under the rules of the Consumer Complaints Act, but under separate legislation.
The consumer may communicate his complaint under the Consumer Protection Act, which is a complaint against an individual claim for redress of a loss of rights or interests of a business or a person acting in the interest of or on behalf of the business in relation to conduct, activity or omission directly connected with the marketing or sale of goods to consumers, to the business orally or in writing, with the exception of claims under a warranty of convenience, product warranty or guarantee.
The undertaking must examine the oral complaint immediately and remedy it if necessary. If the consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the undertaking must immediately take a record of the complaint and its position on it and, in the case of an oral complaint made in person, give a copy of the record to the consumer on the spot. In the case of an oral complaint communicated by telephone or other electronic communications service, the consumer shall be provided with the substantive reply within 30 days at the latest, in accordance with the provisions applicable to the reply to the written complaint. In other respects, the consumer shall act on the written complaint as follows.
Unless otherwise provided for in a directly applicable legal act of the European Union, the undertaking must reply to the written complaint in writing within 30 days of receipt of the written complaint in a manner that can be justified on the merits and take steps to communicate it. If the complaint is rejected, the undertaking must inform the consumer in writing of the authority or conciliation body to which the complaint may be submitted, according to its nature. The information must also include the location, telephone and Internet contact details and the postal address of the competent authority or conciliation body in the place where the consumer resides or is staying. The information shall also include whether the undertaking has made a general declaration of acceptance of the conciliation panel’s decision.
In the event that any consumer dispute between the seller and the consumer is not settled during the negotiations, the following means of redress are available to the consumer:
If you do not wish to select any further Goods and add them to your shopping cart, you can proceed with your purchase by clicking on the “Place Order” button.
Enter your customer details
After pressing the “Place Order” button, the contents of your shopping cart will be displayed and the total purchase price you will have to pay if you purchase the Goods you have selected. In the “Shipping Method” box, you must tick the shipping method. In the case of delivery, the system will indicate the delivery charge, which you will be required to pay when you place your order.
In the “Checkout” text box, you can enter your e-mail address, and in the “Billing” text box, you can enter your full name, address and telephone number. In the “Shipping Method” text box, the system automatically stores the data you entered in the “Billing”. If you request a different address, please uncheck the box. In the “Order Comment” text box you can enter any additional information you wish.
Order overview
After filling in the text boxes above, you can click on the “Place Order” button to continue the order process or click on the “Back to cart” button to delete/edit the data entered so far and return to the Cart. Clicking on the “Place Order” button will take you to the “Checkout” page. Here you can see a summary of the information you have previously entered, including the contents of your shopping cart, your user, billing and shipping details and the amount you are paying (you cannot change this information here unless you click on the “Back to cart” button).
Finalising the order (making an offer)
If you are satisfied that the contents of your shopping cart correspond to the Goods you wish to order and that your details are correct, you can complete your order by clicking on the “PLACE ORDER” button. The information provided on the website does not constitute an offer by the Seller to enter into a contract. For orders covered by these GTC, you are considered the Bidder.
By clicking on the “PLACE ORDER” button, you expressly acknowledge that your offer shall be deemed to have been made and that your declaration shall, in the event of confirmation by the Seller in accordance with these GTC, entail an obligation to pay. The Seller shall confirm the receipt of his order to the Buyer by electronic means without delay. If this confirmation is not received by the Buyer within a reasonable period of time, depending on the nature of the service, but no later than 48 hours after the Buyer’s order has been sent, the Buyer shall be released from the obligation to make an offer or contractual obligation.
Processing of the order, conclusion of the contract
You may place an order at any time. The Seller will confirm your offer by e-mail no later than 48 hours after sending your offer. The contract is concluded when the confirmation email sent by the Seller becomes available to you in your mail system.
Procedure followed in the case of non-received parcels
If the Buyer does not take delivery of the Goods ordered and delivered and does not notify the Seller of his/her intention to withdraw from the contract within 14 days without giving the reasons provided for by law, he/she is in breach of his/her contract with the Seller, under which he/she is obliged to take delivery of the Goods and thereby accept the Seller’s performance. In this case, the Seller will attempt to re-deliver the Goods, provided that this can be agreed with the Buyer, but may make re-delivery subject to payment of a delivery charge. If the re-delivery fails or cannot be agreed with the Buyer because the Buyer refuses to cooperate, the Seller shall be entitled to terminate the contract with the Buyer with immediate effect for breach of contract and to claim the costs of the failed delivery and return as a penalty from the Buyer. The parties agree to the use of email as a form of communication used by the Buyer at the time of ordering to terminate the contract and stipulate that the date of the notice of termination is the date on which the termination letter becomes available in the Buyer’s email account.
Payment methods
Stripe
The online store offers the possibility to pay using Stripe payment solutions.
More information about Stripe in English is available here.
Payment methods and fees
MPL courier service
Convenient and easy parcel collection. You can pay by credit card or cash.
You can request delivery to your home or work address. Nationwide coverage.
Two delivery attempts for MPL Business package included in the basic fee.
More info: https://www.posta.hu/kuldemeny_erkezese/haznal_torteno_csomagkezbesites
MPL Posta Pont
Why order at MOL- Coop PostaPont?
– Because most MOL PostaPoints are open 24 hours a day, and most Coop PostaPoints are open 12 hours a day, so you can pick up your parcel before and after work. You can see which one is convenient for you here.
– We’ll notify you by SMS or email when your parcel arrives, as you prefer.
– The pick-up points are easily accessible.
– Parking at the wells is easy and free.
– You can pay by credit card at MOL PostaPoints and most Coop PostaPoints.
The maximum weight of items is 20 kg.
MPL Parcel machines
Parcel Machines essentially consist of a control panel with a screen and compartments of different sizes to hold parcels. Pick-up is quick with MPL Parcel Machines – just enter the code and your phone number to access your order. They are also available 24 hours a day.
For more information: https://www.posta.hu/csomagautomata
DHL courier service
The goods are delivered by DHL courier service.
Delivery time
The standard delivery time for orders is 7-10 days from the date of order confirmation. In case of delay by the Seller, the Buyer is entitled to set a grace period. If the Seller does not perform within the grace period, the Buyer shall be entitled to withdraw from the contract. Any delivery period other than the general delivery period for each delivery method will be indicated in each case.
Reservation of rights, ownership clause
If you have previously ordered Goods without having taken delivery of them at the time of delivery (not including where you have exercised your right of withdrawal) or if the Goods have been returned to the Seller without a return to Seller, the Seller will make the fulfilment of the order conditional upon payment in advance of the purchase price and delivery costs.
The Seller may withhold delivery of the Goods until it is satisfied that payment of the price of the Goods has been successfully made using the electronic payment solution (including where, in the case of Goods paid for by bank transfer, the Buyer transfers the purchase price in the currency of the Member State in which the Goods are sold and the Seller does not receive the full amount of the purchase price and delivery charges due to the conversion and bank commissions and costs). If the price of the Goods has not been paid in full, the Seller may request the Buyer to supplement the purchase price.
Sales abroad
The Seller does not distinguish between Buyers within the territory of Hungary and Buyers outside the territory of the European Union when using the Website. Unless otherwise provided for in these GTC, the Seller shall ensure the delivery/pick-up of the ordered Goods in Hungary.
The provisions of this GTC shall also apply to purchases made outside Hungary, provided that, for the purposes of this clause, a consumer is a national of a Member State or a business established in a Member State who purchases goods or services within the European Union solely for the purpose of final consumption or for the purpose of using them or acting with such intentions, in accordance with the provisions of the relevant Regulation. A consumer is a natural person who is acting for purposes which are outside his trade, business, craft or profession.
The language of communication and purchase is primarily English, the Seller is not obliged to communicate with the Buyer in the language of the Buyer’s Member State.
The Seller shall not be obliged to comply with or inform the Buyer of any non-contractual requirements, such as labelling or sector-specific requirements, laid down in the national law of the Buyer’s Member State in relation to the Goods concerned.
Unless otherwise provided, the Seller shall apply Hungarian VAT to all Goods.
The Customer may exercise his/her enforcement rights in accordance with these GTC.
In the case of electronic payment, payment is made in the currency specified by the Seller,
The Seller may withhold delivery of the Goods until it is satisfied that the price of the Goods and the delivery charge have been successfully and fully paid using the electronic payment solution (including where, in the case of Goods paid by bank transfer, the Buyer transfers the purchase price (delivery charge) in the currency of the Member State in which the goods are paid and the Seller does not receive the full amount of the purchase price due to the conversion and bank commissions and charges). If the price of the Goods has not been paid in full, the Seller may request the Buyer to supplement the purchase price.
In order to deliver the Goods, the Seller shall provide the same delivery facilities as those available to Hungarian Buyers to non-Hungarian Buyers.
If the Buyer may request delivery of the Goods to Hungary or any other Member State of the European Union in accordance with the GTC, the non-Hungarian Buyer may also request delivery by any of the means of delivery indicated in the GTC.
If the Buyer may choose to collect the Goods personally from the Seller in accordance with the GTC, the non-Hungarian Buyer may also do so.
Otherwise, the Buyer may request to have the Goods delivered abroad at his own expense. Hungarian Customers do not have this right.
The Seller will fulfil the order after payment of the delivery fee, if the Customer does not pay the delivery fee to the Seller or does not arrange his own delivery by the date agreed in advance, the Seller will terminate the contract and refund the prepaid purchase price to the Customer.
Consumer information
Information on the consumer’s right of withdrawal
The consumer has the right of withdrawal under the Civil Code. According to Article 8:1, paragraph 1, point 3, only natural persons acting outside the scope of their profession, self-employment or business activity are considered to be consumers, so legal persons may not exercise the right of withdrawal without giving reasons.
The consumer has the right to withdraw without giving reasons according to Article 20 of Government Decree 45/2014 (26.II.). The consumer may exercise his right of withdrawal
a) In the case of a contract for the sale of goods
aa) the Goods,
ab) in the case of the sale of several Goods, if the delivery of each Good is made at a different time, to the Goods last delivered,
or by a third party other than the carrier and indicated by the consumer, which period shall be 14 calendar days.
Nothing in this clause shall affect the consumer’s right to exercise his right of withdrawal under 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 shall have the right to withdraw the offer before the conclusion of the contract, which shall terminate the obligation to make an offer to conclude the contract.
If the seller has not informed the consumer of the time limit and other conditions for exercising the right of withdrawal (in particular the conditions set out in Article 22 of the Government Decree) and the model declaration in accordance with Annex 2, the time limit for withdrawal set out above shall be extended by 12 months. Where the Seller has provided the consumer with information on the exercise of the right of withdrawal within 12 months of the expiry of the withdrawal period, the period for withdrawal or termination shall expire on the 14th day following the date of communication of that information.
Withdrawal notice, exercise of the consumer’s right of withdrawal or termination
The consumer may exercise the right provided for in Article 20 of Government Decree No. 45/2014 (26.II.) by means of a clear declaration to this effect or by using the model declaration that can also be downloaded from the website.
Validity of the consumer’s withdrawal declaration
The right of withdrawal shall be deemed to have been exercised within the time limit if the consumer sends his declaration within the time limit.
In the case of written withdrawal or termination, it is sufficient to send the statement of withdrawal or termination within the time limit.
The burden of proof that the consumer has exercised his right of withdrawal in accordance with this provision shall lie with the consumer.
The Seller shall acknowledge the consumer’s withdrawal on an electronic medium upon receipt.
Obligations of the seller in the event of withdrawal by the consumer
Obligation of the seller to refund
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (26.II.), the Seller shall reimburse the total amount paid by the consumer as consideration, including the costs incurred in connection with the performance, including the delivery charges, within fourteen days of becoming aware of the withdrawal at the latest. Please note that this provision does not apply to additional costs caused by the choice of a mode of transport other than the least costly usual mode of transport.
Method of reimbursement by the Seller
In the event of withdrawal or termination in accordance with Article 22 of Government Decree 45/2014 (26.II.), the Seller shall refund the amount returned to the consumer in the same way as the payment method used by the consumer. Subject to the express consent of the consumer, the Seller may use another method of payment for the refund, but the consumer shall not be charged any additional fee as a result. The Seller shall not be liable for any delay due to the incorrect and/or inaccurate bank account number or postal address provided by the Consumer.
Additional charges
If the Consumer expressly chooses a mode of transport other than the least costly usual mode of transport, the Seller shall not be obliged to reimburse the additional costs resulting therefrom. In such a case, we shall be obliged to reimburse up to the amount of the standard delivery charges indicated.
Right of retention
The Seller may withhold any amount due to the consumer until the consumer has returned the Goods or has proved beyond reasonable doubt that he has returned them, whichever is the earlier. We are not able to accept postal deliveries.
In the event of withdrawal or termination of the consumer’s obligations
Return of the Goods
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (26.II.), the consumer shall return the Goods without delay, but no later than fourteen days from the date of the withdrawal, or return them to the Seller or to a person authorised by the Seller to take delivery of the Goods. The return is deemed to have been completed within the time limit if the consumer returns the Goods before the time limit expires.
Payment of direct costs related to the return of the Goods
The consumer bears the direct cost of returning the Goods. The Goods must be returned to the Seller’s address. If the seller also sells the goods on the business premises and the consumer exercises his right of withdrawal in person at the business premises, he is entitled to return the goods to the business at the same time. If the consumer terminates an off-premises or distance contract for the provision of a service after the performance has begun, he must pay the trader a fee proportionate to the service provided up to the time of the notification of the termination to the trader. The amount to be paid by the consumer pro rata shall be determined on the basis of the total amount of the consideration laid down in the contract plus tax. If the consumer proves that the total amount so determined is excessive, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. Please note that we are not able to accept goods returned by cash on delivery.
Consumer’s liability for depreciation
The consumer is liable for depreciation resulting from the use of the Goods beyond the use necessary to determine their nature, characteristics and functioning.
If the right of withdrawal cannot be exercised or can only be exercised subject to conditions under the applicable legislation, the Customer shall not be entitled to use the product for trial purposes.
The right of withdrawal may not be exercised in the following cases
The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal in the cases provided for in Article 29 (1) of Government Decree 45/2014 (II.26.):
a. after the full performance of the service, but where the contract imposes a payment obligation on the consumer, this exception may be invoked only if performance has begun with the consumer’s express prior consent and the consumer’s knowledge that he will lose his right of withdrawal once the business has performed the contract in full;
b. in respect of goods or services whose price or price is subject to fluctuations which are beyond the control of the financial market undertaking and which are possible even during the period laid down for exercising the right of withdrawal;
c. in the case of goods which are not prefabricated and which have been produced on the instructions or at the express request of the consumer or which are clearly personalised for the consumer;
d. in respect of perishable Goods or Goods which retain their quality for a short period;
e. for goods in sealed packages which, for health or hygiene reasons, cannot be returned after opening after delivery;
f. goods which, by their nature, are inseparably mixed with other goods after delivery;
g. in respect of an alcoholic beverage the real 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 contract of sale, but the contract is not performed until 30 days after the date of conclusion;
h. in the case of a contract for the provision of services, where the business visits the consumer at the express request of the consumer to carry out urgent repair or maintenance work;
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;
j. in respect of newspapers, periodicals and periodicals, with the exception of subscription contracts;
k. for contracts concluded at public auction;
l. a contract for the provision of accommodation, transport, the hiring of a private car, catering or services related to leisure activities, other than for the provision of housing, where the contract has a fixed deadline or period for performance;
m. in respect of digital content supplied on a non-tangible medium, where the seller 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 will lose his right of withdrawal once performance has begun and the undertaking has sent the consumer a confirmation.
Information on product warranties and guarantees of conformity for consumer contracts
This section of the Consumer Information Notice has been prepared pursuant to the authorisation of Article 11 (5) of Government Decree No. 45/2014 (II.26.), in accordance with Annex 3 of Government Decree No. 45/2014 (II.26.)
The Consumer Information Notice applies only to Customers who are consumers, the rules applicable to Customers who are not consumers are set out in a separate chapter.
Contractual performance requirements for consumer contracts
Contractual performance requirements for goods sold under a consumer contract in general and goods containing a digital element
The goods and the performance must comply with the requirements of Government Decree 373/2021 (30.VI.2021) at the time of performance.
In order for the performance to be deemed to be in conformity with the contract, the Goods subject to the contract must
– comply with the specifications, quantity, quality, type and have the functionality, compatibility, interoperability and other characteristics specified in the contract
– it must be fit for any purpose specified by the consumer and brought to the seller’s attention by the consumer at the latest at the time of the conclusion of the contract and accepted by the seller
– have all the accessories, instructions for use, including installation instructions, installation instructions and customer support as specified in the contract, and
– provide the updates specified in the contract.
In order to be deemed to be in conformity with the contract, the Goods covered by the contract must
– be suitable for the purposes for which the applicable code of conduct, in the absence of a legal provision, technical standard or technical standard, requires the Goods to be used for the same type of Goods
– it must have the quantity, quality, performance and other characteristics, in particular in terms of functionality, compatibility, availability, continuity and safety, which the Consumer could reasonably expect, as is normal for Goods of the same type, taking into account any public statement, in particular in an advertisement or on a label, by the Seller, his representative or any other person in the distribution chain, concerning the specific characteristics of the Goods
– have the accessories and instructions that the consumer could reasonably expect, including packaging and instructions for installation, and
– comply with the characteristics and description of the Goods presented by the trader as samples, models or trial versions prior to the conclusion of the contract.
The Goods need not conform to the above public statement if the Seller proves that
– did not know and had no reason to know of the public statement
– the public statement has been duly corrected by the time of the conclusion of the contract, or
– the public statement could not have influenced the decision of the person entitled to conclude the contract.
Defective performance of a contract for the sale of goods
The seller is in defective performance if the goods are not properly installed on the wall, provided that
a) the installation is part of the sales contract and was carried out by the Seller or under the Seller’s responsibility; or
(b) the installation had to be carried out by the consumer and the incorrect installation is the result of shortcomings in the installation instructions provided by the seller or, in the case of goods containing digital elements, by the provider of digital content or digital services.
Where the contract of sale provides that the goods are to be installed by the seller or installed under the seller’s responsibility, performance is deemed to be completed by the seller when the installation is completed.
Where, in the case of goods incorporating digital elements, the contract of sale provides for the continuous supply of digital content or digital services for a specified period, the seller is liable for any defect in the goods in relation to the digital content if, in the case of continuous supply for a period not exceeding two years, the defect occurs or becomes apparent within two years of the completion of the goods.
Contractual performance requirements for goods containing digital elements sold under a consumer contract
For goods containing digital elements, the Seller must ensure that the consumer is notified of and receives any updates to the digital content of the goods or to the digital service associated with the goods, including security updates, that are necessary to keep the goods in conformity with the contract.
The Seller’s obligation to make the update available if the sales contract
– provides for a one-off supply of digital content or a digital service, it is reasonable for the consumer to expect, having regard to the type and purpose of the goods and digital elements and the particular circumstances and the nature of the contract; or
– the digital content provides for a continuous supply over a specified period, it must be provided for a period of two years from the date of supply of the goods in the case of a continuous supply of less than two years.
If the consumer fails to install the updates provided within a reasonable time, the seller shall not be liable for the defect in the goods if it is solely due to the failure to apply the relevant update, provided that
(a) the seller has informed the consumer of the availability of the update and the consequences of the consumer’s failure to install it; and
(b) the failure of the consumer to install the update or the incorrect installation of the update by the consumer is not due to a lack of installation instructions provided by the Seller.
Defective performance shall not be established if, at the time of the conclusion of the contract, the consumer was specifically informed that a particular characteristic of the goods differed from that described herein and the consumer, at the time of the conclusion of the sales contract, specifically and expressly accepted this difference.
Contractual performance requirements for the sale of digital content sold under a consumer contract
The digital content is supplied or provided by the seller to the consumer. Unless otherwise agreed by the parties, the Seller shall provide the digital content to the consumer without undue delay after the conclusion of the contract, in the latest version available at the time of conclusion of the contract.
The service shall be deemed to be completed when the digital content or any solution for accessing or downloading it has been delivered to the consumer or to the physical or virtual device chosen by the consumer for that purpose.
The seller must ensure that the consumer is notified of and receives any updates to the digital content, including security updates, that are necessary to keep the digital content or digital service in conformity with the contract.
Where the contract provides for the supply of digital content on a continuous basis for a specified period of time, the contractual conformity of the digital content should be ensured throughout the duration of the contract.
If the consumer fails to install within a reasonable time the updates provided by the seller, the seller shall not be liable for any failure of the service if it is due solely to the failure to apply the relevant update, provided that
the Seller has informed the consumer of the availability of the update and the consequences of the consumer’s failure to install it; and
– the failure of the consumer to install the update or the incorrect installation of the update by the consumer is not due to a lack of installation instructions provided by the Seller.
No lack of conformity may be established if, at the time of the conclusion of the contract, the consumer was specifically informed that a particular characteristic of the digital content deviated from the requirements set out herein and the consumer specifically and expressly accepted this deviation at the time of the conclusion of the contract.
The Seller shall be in default of performance if the defect in the digital content service results from its improper integration into the consumer’s digital environment, provided that
– the integration of the digital content was carried out by the Seller or under the Seller’s responsibility; or
– the digital content is to be integrated by the consumer and the unprofessional integration was caused by deficiencies in the integration instructions provided by the Seller.
Where the contract provides for the continuous supply of digital content or digital services for a specified period, the seller is liable for any defect in the digital content if the defect occurs or becomes apparent during the period specified in the contract.
If the contract provides for a one-off service or a series of specific acts of service, it must be presumed, until the contrary is proved, that the lack of conformity which the consumer has discovered within one year of the date of performance was already present at the time of performance. However, the seller shall not be deemed to have failed to perform if he proves that the consumer’s digital environment is not compatible with the technical requirements of the digital content or service and he has informed the consumer of this in a clear and comprehensible manner prior to the conclusion of the contract.
The consumer must cooperate with the seller to enable the seller to ascertain that the cause of the lack of conformity is the consumer’s digital environment, using the least intrusive means technically available to the consumer. If the consumer fails to comply with this obligation to cooperate, after having been clearly and intelligibly informed of this obligation by the seller prior to the conclusion of the contract, the burden of proof shall be on the consumer to prove that
– the defect was discovered within one year of performance and was already present at the time of performance, or
– the service affected by the defect discovered during the contractual period was not in conformity with the contract during the period of contractual performance.
Warranty for accessories
In which cases can you exercise your right to a warranty of conformity?
In the event of defective performance by the Seller, you may claim a warranty of conformity from the Seller in accordance with the Civil Code and, in the case of consumer contracts, in accordance with the provisions of Government Decree 373/2021 (30.6.2011).
What rights do you have under a warranty claim?
You may, at your option, make the following claims:
You can ask for repair or replacement, unless the claim you choose is impossible or would involve disproportionate additional costs for the Seller compared to any other claim. If you have not requested or could not request the repair or replacement, you may request a proportionate reduction in the price or, as a last resort, withdraw from the contract.
You may transfer your right to a different warranty, but you will bear the cost of the transfer, unless it was justified or the Seller has given a reason for it.
In the case of a consumer contract, it must be presumed, unless the contrary is proved, that the defect in the goods and the goods incorporating digital elements was discovered within one year of the date of performance of the contract and was already present at the time of performance of the goods, unless this presumption is incompatible with the nature of the goods or the nature of the defect.
In the case of second-hand Goods, the warranty and guarantee rights shall, in principle, be different from the general rules. In the case of second-hand Goods, defective performance may also be presumed, but account must be taken of the circumstances which led the Buyer to expect the occurrence of certain defects. As a result of ageing, the occurrence of certain defects becomes more frequent and it cannot be assumed that a second-hand Goods can be of the same quality as newly purchased Goods. On this basis, the Buyer may only assert his warranty rights in respect of defects which are in addition to and independent of those resulting from use. If the used Goods are defective and the Customer, being the Consumer, was informed of this at the time of purchase, the Supplier shall not be liable for the known defect.
The Seller may refuse to bring the Goods into conformity with the contract if repair or replacement is impossible or would result in disproportionate additional costs to the Seller, taking into account all the circumstances, including the value of the Goods in their original condition and the seriousness of the breach of contract.
The consumer shall also be entitled to claim a proportionate reduction of the consideration or to terminate the sales contract, according to the seriousness of the lack of conformity, if
– the seller has failed to carry out the repair or replacement or has carried it out but has not fulfilled, in whole or in part, the following conditions
o the Seller must ensure the return of the replaced goods at his own expense
o if the repair or replacement requires the removal of goods which were put into service in accordance with the nature and purpose of the goods before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the putting into service of the goods supplied as a replacement or repaired goods or the bearing of the costs of removal or putting into service.
– refused to make the goods conform to the contract
– there has been a repeated failure of performance despite the Seller’s attempts to bring the goods into conformity with the contract
– the defect is of such a serious nature as to justify immediate price reduction or immediate termination of the contract of sale, or
– the seller has not undertaken to bring the goods into conformity or it is clear from the circumstances that the undertaking will not bring the goods into conformity within a reasonable time or without significant detriment to the consumer.
If the consumer wishes to terminate the sales contract on the grounds of defective performance, the burden of proving that the defect is insignificant lies with the Seller.
The Consumer shall be entitled to retain all or part of the remaining purchase price, in proportion to the seriousness of the breach of contract, until the Seller has fulfilled his obligations regarding the conformity of the performance and the defective performance.
The general rule is that:
– the Seller must ensure the return of the replaced goods at his own expense
– if the repair or replacement requires the removal of goods which were put into service in accordance with the nature and purpose of the goods before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the putting into service of the goods supplied as a replacement or repaired goods or the bearing of the costs of removal or putting into service.
The reasonable time limit for the repair or replacement of the goods shall be calculated from the date on which the Consumer has notified the business of the defect.
The consumer must place the goods at the disposal of the undertaking in order for the repair or replacement to be carried out.
The reduction of the consideration shall be proportionate if it is equal to the difference between the value of the goods to which the consumer is entitled in the case of performance of the contract and the value of the goods actually received by the consumer.
The Consumer’s right to claim the termination of the contract of sale may be exercised by means of a declaration addressed to the Seller expressing the decision to terminate.
If the defective performance relates only to a specified part of the goods supplied under the sales contract and the conditions for exercising the right to terminate the contract are fulfilled in respect of that part, the Consumer may terminate the sales contract only in respect of the defective goods, but may also terminate it in respect of any other goods acquired with them if the Consumer cannot reasonably be expected to keep only the goods which are in conformity with the contract.
If the Consumer terminates the contract of sale in whole or in respect of part of the goods supplied under the contract of sale, the Consumer shall
– the Consumer must return the goods concerned to the Seller at the Seller’s expense; and
– the Seller shall refund to the Consumer the purchase price paid for the goods concerned as soon as the goods or the certificate of return of the goods is received by the Consumer.
What is the time limit for you to claim a warranty?
You must report the defect as soon as you discover it. A defect notified within two months of its discovery is considered to have been notified without delay. Please note, however, that you cannot claim for any defects beyond the two-year limitation period from the date of performance of the contract.
The limitation period does not include the part of the repair period during which the Buyer cannot use the Goods for their intended purpose.
For the part of the Goods affected by the replacement or repair, the limitation period for the claim for replacement or repair shall start to run again. This rule shall also apply in the event that a new defect arises as a result of the repair.
If the subject matter of the contract between the consumer and the business is second-hand goods, the parties may agree on a shorter limitation period; in this case, a limitation period of less than one year cannot be validly agreed either.
Who can you claim against?
You can enforce your warranty claim against the Seller.
What other conditions are there for enforcing your rights?
Within one year of performance, there are no conditions for exercising your rights other than the notification of the defect if you can prove that the Goods were supplied by the Seller. However, after one year from the date of performance, you will have the burden of proving that the defect which you have discovered existed at the time of performance.
Product Warranty
In which cases can you exercise your right to a product guarantee?
In the event of a defect in a movable good (Goods), you may, at your option, claim for a warranty of accessories or a product warranty under the rules of the Civil Code.
What rights do you have under your product warranty claim?
As a product warranty claim, you can ask for the defective Goods to be repaired or replaced.
In what circumstances are the Goods defective?
The Goods are defective if they do not meet the quality requirements in force at the time of their placing on the market or if they do not have the characteristics described by the manufacturer.The colours of the Goods may differ from the actual colours of the Product according to the image used by the Buyer, for which reason the Seller cannot be held liable. In any case, the Buyer has the possibility to ask for a sample before purchase in order to verify the real colour of the product.
What is the time limit for making a product warranty claim?
You have two years from the date on which the goods were placed on the market by the manufacturer to make a product warranty claim. After this period, you lose this right.
Who can you claim against?
You can exercise your rights under the product warranty against the manufacturer or distributor of the product (together referred to as the “manufacturer”).
What is the rule of evidence for a product warranty claim?
In a product warranty claim, you must prove that the product was defective when it was put on the market by the manufacturer.
When is the manufacturer exempt from its product warranty obligations?
The manufacturer is exempted from its product warranty obligation if it can prove that:
– the Goods were not manufactured or put into circulation in the course of his business, or
– the defect was not detectable according to the state of science and technology at the time of placing on the market, or
– the defect in the Goods is due to the application of a law or a mandatory provision of a public authority.
The manufacturer need only prove one ground for exemption.
Please note that you can bring both claims against the company for a guarantee for accessories and against the manufacturer for a product guarantee for the same defect. If your product warranty claim is successful, you can now only claim against the manufacturer for the replaced product or the part of the product that has been repaired.
Warranty
The Seller does not distribute products under warranty, and the products distributed by the Seller are not covered by the provisions of Government Decree 151/2003 (IX.22.) on the mandatory warranty for certain consumer durables.
Information on product warranty and guarantee of conformity of goods for Customers who are not consumers
General rules on the rights of accessory warranty
Non-consumer Purchasers may, at their option, make the following claims under the warranty of fitness for use:
Request repair or replacement, unless the remedy of your choice would be impossible or would involve disproportionate additional costs for the Seller compared to any other remedy. If you have not requested or could not request the repair or replacement, you may request a proportionate reduction in the price or the Buyer may have the defect repaired or replaced at the Seller’s expense or, as a last resort, you may withdraw from the contract.
You may transfer your right to a different warranty from the one you have chosen, but you will bear the cost of the transfer, unless it was justified or the Seller gave a reason for it.In the case of used Goods, the warranty and guarantee rights are normally different from the general rules. In the case of used Goods, defective performance may also be considered, but account must be taken of the circumstances under which the Buyer could have expected certain defects to occur. As a result of ageing, the occurrence of certain defects becomes more frequent and it cannot be assumed that a second-hand Goods can be of the same quality as newly purchased Goods. On this basis, the Buyer may only assert his warranty rights in respect of defects which are in addition to and independent of those resulting from use. If the used Goods are defective and the Customer, being the Consumer, was informed of this at the time of purchase, the Supplier shall not be liable for the known defect.
In the case of buyers who are not consumers, the period of validity of the right to claim under the warranty is 1 year, starting on the date of delivery.
Warranty and guarantee
The product warranty and the obligatory guarantee are only available to purchasers who are consumers.
If the Seller voluntarily provides a warranty for a particular Good, it shall indicate this separately when the Goods are purchased.
If the manufacturer provides a manufacturer’s warranty for the Goods that also covers non-consumer purchasers, this warranty may be claimed directly from the manufacturer.