THERMALPAD.EU / THERMALPAD.HU
Valid from: 30.11.2021
Please read our General Terms and Conditions carefully, as by placing your order you accept our Company’s General Terms and Conditions!
If you have any questions about the use of our webshop, the purchase process, our products or our General Terms and Conditions, you can contact our company at the following contact details:
Company name: Trapp Martin EV.
Address: HU – 7625 Pécs, Losonc utca 6.
Postal address: HU – 7621 Pécs, Jókai tér 2.
Tax number: 55363929-1-22
Individual entrepreneur registration number: 54028852
Name of registering authority: Belügyminisztérium Nyilvántartások Vezetéséért Felelős Helyettes Államtitkár Okmányfelügyeleti Főosztály
Company bank account number: LT73 3250 0195 3216 9015
Name of representative: Trapp Martin
Website: thermalpad.eu / thermalpad.hu
Data of hosting provider: Amazon Web Services
Parties: Seller and Consumer/Business together
Consumer: an adult natural person who has reached the age of 18 acting outside the scope of his/her economic activity or profession
Consumer contract: a contract, one of whose subjects is a Consumer
Warranty: in the case of the Consumer contract, according to the Civil Code
- a guarantee that goes beyond the legal obligation or voluntarily undertaken for the proper performance of the contract
- mandatory warranty based on legislation
Contract: conclusion of a sales contract between the Seller and the Consumer/Business using the webshop and e-mail
Absentee contract: a contract for the purchase of the product or provision of a service that is the subject of the contract, which is concluded without the simultaneous physical presence of the parties, using a means of communication between those who are absent, within the framework of a distance selling system
Absentee communication tool: a tool suitable for making a contractual statement in the absence of the parties, e.g. Internet access device, form, catalog, telephone
Product: tradable movable property in the inventory of our webshop, intended for sale, subject to a contract
Business: a person acting in the scope of his economic activity or profession
Webshop: our webshop, where the contract is concluded
- annual CLV. Act on Consumer Protection
- year LXXVI law on copyright
- year CVIII Act on certain issues of electronic commercial services and services related to the information society
- 151/2003. (IX.22.) government decree on the mandatory warranty for consumer durables
- year CXX. Act on the right to self-determination of information and freedom of information
- Act V on the Civil Code
- 19/2014. (IV.29.) NGM decree on the procedural rules for managing warranty and guarantee claims for items sold under the contract between the consumer and the company
- 45/2014. (II.26.) government decree on the detailed rules of contracts between the Consumer and the business
- The European Parliament and Council (EU) 2016/679. (27.04.2016) on the management and protection of personal data of natural persons, as well as on the free flow of this data, and on the repeal of Regulation 95/46/EC, i.e. the General Data Protection Regulation
- The European Parliament and Council (EU) 2018/302. decree (28.02.2018) on action against unjustified territorial content restrictions and other forms of discrimination based on the Consumer’s nationality, place of residence/establishment within the internal market, as well as
- 2006/2004/EC and (EU) 2017/2394. regulation, and on the amendment of Directive 2009/22/EC
Scope and acceptance of GTC
In addition to the relevant legislation, the content of the contract to be concluded is also regulated by our General Terms and Conditions. Within the framework of this, we summarize the rights and obligations of you and us, the conditions for entering into a contract, the payment and delivery conditions, the deadlines, the rules related to responsibility, as well as the conditions for exercising the right of withdrawal.
By placing your order, you accept our Company’s General Terms and Conditions, which belong to the contract to be concluded.
We reserve the right to modify our policy.
Please bear in mind that the content of this contract may change between your individual orders, i.e. that the General Terms and Conditions accepted once are not necessarily valid for your future orders. Please always be up-to-date and be sure to review the document before ordering.
Language and form of contract
The language of the contract is Hungarian.
The contract is created by placing the order and accepting our General Terms and Conditions.
Prices are in EUR. Our company is vat-exempt, so the prices do not include VAT.
We reserve the right to change prices.
Complaint handling and legal enforcement options
The Consumer can send us his objections regarding the product or the activities of our Company at the following contact details:
The Consumer can primarily communicate his complaint to our Company in writing, but in some cases also orally. The complaint may refer to the behavior, work or omission of the person acting on behalf of our Company, which is directly related to the distribution and sale of the product.
Our company will immediately investigate the verbal complaint and resolve it if possible. If the Consumer does not agree with the handling of the complaint or the immediate investigation of the complaint is not possible, our Company will record the complaint and its position on it, a copy of which will be delivered to the Consumer (in case of personal presence, it will be handed over on site). In the case of a complaint received by e-mail, it will be sent to the Consumer within 30 days, together with the answer. Our company will respond to the written complaint in writing within 30 days of receipt. If the complaint is rejected, our company is obliged to justify its position. Our company is obliged to provide the complaint with a unique identification number – in the case of a verbal complaint communicated by telephone or other electronic communication service.
The record of the complaint must include:
- The place, method and time of delivery of the complaint
- Consumer’s name, address and contact information
- A detailed description of the consumer complaint, as well as a list of documents, records and evidence
- Our company’s statement on its position regarding the Consumer’s complaint, if it can be investigated immediately
- Place and time of record taking
- The signature of the person recording the minutes and the signature of the Consumer – the latter in the event that the verbal complaint is communicated in person
- The unique identification number of the complaint – in the case of a verbal complaint communicated by phone or other electronic communication service
Our company keeps the record of the complaint and a copy of our response for 5 years, and presents it at the request of an inspection authority.
Our company informs the Consumer in writing, if the complaint is rejected, which authority or Conciliation Board can initiate the procedure with the complaint. The information includes the seat, mailing address, and contact details (website, e-mail, phone number) of the competent authority and the Conciliation Board at the Consumer’s place of residence/residence, as well as our company’s position regarding the use of the Conciliation Board procedure for the purpose of settling a consumer dispute.
In the event that the legal dispute between our Company and the Consumer is not resolved through negotiations, the Consumer may use additional legal enforcement options:
Consumer protection Authority procedure
In the event of a violation of Consumer rights, the Consumer is entitled to file a complaint with the Consumer Protection Authority responsible for his place of residence. The authority decides on the conduct of the Consumer Protection procedure after evaluating the complaint. The first-level official tasks are performed by the district offices. Their availability: http://jarasinfo.gov.hu/
The parties primarily wish to resolve their disputes arising from this contract amicably. In case of failure, the ordinary court serving as the seat of the Seller shall have exclusive jurisdiction, depending on the value of the subject matter.
Within the framework of the civil procedure, the Consumer is entitled to enforce his claim arising from the legal dispute in court pursuant to Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure. according to the provisions of the law.
Conciliation Board procedure
You have the right to contact the Conciliation Board competent according to your place of residence/stay if we reject your Consumer complaint. The condition for initiating the procedure is that the Consumer Company attempts to settle the dispute directly with our Company.
Our company has an obligation to cooperate in the Conciliation Board procedure. Based on this, our company is obliged to send a response to the invitation of the Conciliation Board, as well as to appear at the hearing before the Conciliation Board and to ensure the participation of the person authorized to establish a settlement.
If our company’s headquarters/premises are located outside the county of the chamber that operates the territorially competent Conciliation Board, our company’s obligation to cooperate extends to offering the possibility of concluding a written settlement in accordance with the consumer’s demand.
If we do not comply with our above obligation of cooperation, the matter falls under the jurisdiction of the Consumer Protection Authority, according to which a mandatory fine is in force in case of illegal behavior of companies, and this cannot be waived.
The amount of the fine can range from HUF 15,000 to HUF 500,000 for small and medium-sized enterprises, and from HUF 15,000 to 5% of the company’s annual net sales, up to a maximum of HUF 500 million, for large companies with annual net sales of over HUF 100 million.
The Consumer can request the initiation of the Conciliation Board procedure. The request must be sent in writing (by letter, fax, telegram, or on the website of the Conciliation Board, in electronic form) to the president of the Conciliation Board.
The application must include:
- Consumer’s name, residence/place of residence, contact information
- The name, registered office/site of the company involved in a consumer dispute
- The consumer’s position and related evidence and facts
- The consumer’s declaration that he attempted to settle the dispute directly with the concerned business
- The consumer’s declaration that he did not initiate any other Conciliation Board proceedings in the case, did not initiate mediation proceedings, did not submit a claim letter, did not submit a request for the issuance of a payment order
- Motion for a board decision
- Consumer’s signature
- If the Consumer has applied for the jurisdiction of another body instead of the competent Conciliation Board, its designation
In any case, it is necessary to attach to the request the document or a copy of which the Consumer cites as evidence (the company’s written statement rejecting the complaint, if this is not available, then written evidence in the Consumer’s possession of the attempted negotiation).
If an authorized representative acts in the case of the complaint, the authorization issued by the Consumer must be attached to the application.
More information about Conciliation Boards: http://www.bekeltetes.hu
Further information on the territorially competent Conciliation Boards:
Online dispute resolution platform
After registering as a consumer on the website created by the European Commission, by completing the application on the page, the consumer can settle legal disputes related to online shopping without initiating court proceedings. This is also a way to enforce consumer rights without distance limitations.
You can make a complaint about the product/service purchased online.
On this online dispute resolution platform, you and the company you have complained about can choose together which dispute resolution body will be assigned to handle the complaint.
The online dispute resolution platform is available at the following website: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Our website is considered a work of authorship in accordance with Act LXXVI of 1999 on copyright. pursuant to Section 1 (1) of the Act, each part is protected by copyright. Unauthorized use of the images, texts, software and graphic programs on our website, as well as the use of malicious applications that modify our website, is prohibited, according to Section 16 (1) of the same law. Please note that materials, images, videos, and texts from our website and database can only be taken over with the written consent of the copyright owner (XY Kft.), with reference to the source.
Partial Invalidity and Code of Conduct
In the event that a point of our General Terms and Conditions is legally incomplete/invalid, the provisions of the relevant legislation shall govern that part. The rest of the contract remains valid.
Our company does not have a code of conduct according to the Act on the Prohibition of Unfair Trade Practices towards Consumers.
Operation of technical protection measures and digital data content
The servers that provide the data displayed on our website have an availability of over 99.9%/year. The entire data content is saved continuously, at regular intervals, if there are any problems, the original data can be restored. The data that appears on our website is stored in a MySQL or MSSQL database. Due to their sensitive nature, these data are stored with a suitable level of encryption, and for their coding we use hardware support, which is built into the processor.
Properties of products
On our website, the description on the product page provides information about the properties of the products intended for sale.
Correction of data entry errors and responsibility for the veracity of the data
During the order process, before confirming the order, you have the opportunity to change or correct the data you provided. You are responsible for the accuracy of the information you provide. Based on this data, we issue the invoice and deliver the product(s) to the address specified as the delivery address. By placing your order, you acknowledge that our company has the right to pass on damages and costs resulting from the data you entered incorrectly to you. Our company excludes responsibility for performance due to incorrect data entry. Due to the saturation of the entered e-mail address or mailbox, the confirmation will be considered undeliverable, thereby (preventing) the implementation of the contract.
Procedure in the event of an incorrect price
Despite all care, our company excludes liability for obviously erroneously displayed prices resulting from a failure of the IT system.
It is considered an obviously erroneously displayed price:
- € 0
- Price showing a discount incorrectly (e.g.: original price of product: € 10 , discount: 20%, discounted price: € 5, since in this case the correct price should be € 8 )
If an incorrect price has been indicated, our company will inform you of the case and offer you the possibility of purchasing the product at the correct price, so according to your decision, you can either order the product at the correct price or cancel the purchase without consequences.
Using our webshop
If you want to buy a product, you can do so (if you want more pieces, by setting the number of pieces, then) by clicking on the cart button. You can view and check the products in the cart using View Cart. Here you can change the quantities or delete products. By clicking Empty Cart, the entire contents of the cart will be deleted.
If you have selected which products you would like to order by clicking on the Order button, entering the page, if you have not yet registered, you can place your order by creating a registration. When registering, you must enter the following data: name, address, billing address, delivery address, e-mail address, phone number, password. We will send a confirmation by e-mail about the success of the registration.
The security of the login data is the responsibility of the User, he is responsible for updating his data, he is obliged to inform our Company if his data has been misused by a third party. If you have forgotten your password, click on the “Forgot password” option, after which we will send a link to the User’s registered e-mail address, which can be clicked to create a new password.
During the ordering process, the User must select the preferred payment and delivery method. Immediately before approving the order, the User can check the correctness of the data, the products to be ordered and their quantity on the Order summary page. If you want to correct the data, you can do so by clicking on the pencil icon.
Finalizing the order (making an offer)
If you are convinced that the contents of the basket correspond to the products you want to order, and that your information is correct, you can complete your order by clicking the “Order” button. The information provided on the website does not constitute an offer to conclude a contract on the part of the Service Provider. In the case of orders falling under the scope of these GTC, you are considered to be the offeror.
By pressing the “Order” button, you expressly acknowledge that your offer must be considered as made, and that your statement – in the event of confirmation by the Service Provider in accordance with these General Terms and Conditions – entails a payment obligation. You are bound by your offer for a period of 48 hours. If your offer is not confirmed by the Service Provider within 48 hours according to these general terms and conditions, you will be released from your obligation to make an offer.
Order processing, contract creation
You can place your order at any time. The Service Provider will confirm your offer by e-mail no later than during the working day after sending your offer. The contract is created when the confirmation email sent by the Service Provider becomes available to you in your mail system.
If you do not receive an automatic confirmation by e-mail within 24 hours of placing your order, please let us know, as there may be a technical problem, which may be why your order did not arrive in our system.
Payment methods additional cost
In the case of online payments (online bank card payment or bank transfer), you are responsible for any additional costs that depend on the chosen payment method or your card-issuing bank (in particular, but not exclusively, currency exchange rates, other costs). You are responsible for the consequences and additional costs resulting from the selection of the selected payment method.
Rejection of order
We reserve the right to reject any Order you place. Our webshop primarily carries out retail sales, therefore we reserve the right to confirm less than the quantity of Products included in the Order, depending on the stock. Especially if the quantity of the ordered products exceeds the quantity used in the household. We will notify you of this by e-mail or telephone. In such a case, we will refund the sales price of the Products that you have already paid but have not been confirmed by us.
Refund of the purchase price
We undertake to repay the Sale Price in the following ways:
- If you paid for your Order online by bank card, the refund will also be refunded in this way to the financial institution that issued the bank card;
- If you settled the Order by bank transfer, the sales price will be refunded to the bank account specified by you in the form of a bank transfer;
- If you paid for the Order by cash on delivery and you do not consent to the refund being made in the form of a bank transfer to your bank account, the Sale Price will be refunded by post.
We reserve the right to withhold the refund of the sales price until the ordered Product has not been returned. You are obliged to arrange for the return of the Product to our Webshop immediately (but no later than 14 days after the notification) after your cancellation notification.
If our Webshop cannot fulfill the delivery of the ordered Product(s), it is obliged to inform the Buyer about this and refund the value of the Order within 7 days, if it has been settled and the Buyer has also expressed and accepted the fact of termination of the contract. The Parties may also agree on the rescheduling and/or modification of the execution of the Order.
Payment can be made by bank transfer. After the order has been received, you will find our bank account number and the order number on the page indicating a successful order and in the confirmation e-mail, which must be referenced in the note/announcement section of the transfer. Once your payment has been received, we will hand over your package to the courier service for delivery.
Cash on delivery
Payment can be made in cash directly upon receipt of the package, which must be handed over to the courier delivering the package. In this case, after ordering, we will hand over the package to the courier service, which will be delivered to the address you specified.
Payment can be made by bank card, which you can do directly when placing the order. In the case of a successful transaction, after placing an order, we will hand over the package to the courier service, which will be delivered to the address you specified. In case of unsuccessful payment – if you were able to place your order, but the payment failed – we will contact you. If you cannot place your order due to some unforeseen technical error, please contact us.
Online bank card payments are made through Barion’s system. The bank card data will not reach the merchant. Barion Payment Zrt., which provides the service, is an institution under the supervision of the Magyar Nemzeti Bank, license number: H-EN-I-1064/2013.
Contact details of payment methods
We reserve the right not to make certain payment and shipping methods available in all countries or regions. Our Webshop lists the payment or delivery methods available to you on the order finalization page.
Delivery time: 1-2 business days from shipment confirmation
Delivery time: 3-5 business days from shipment confirmation
Delivery time: 3-6 business days from shipment confirmation
Contact details of delivery methods
We reserve the right not to make certain payment and shipping methods available in all countries or regions. Our webshop lists the payment or delivery methods available to you on the order finalization page.
The delivery time is 2-6 working days from the confirmation of the order. Any deviation from this deadline will be notified by e-mail.
Reservation of rights and disclaimer
If you previously ordered a product from us, but did not receive it upon delivery (except in the case in which you exercised your right of withdrawal), or the package was returned to us with a “Not searched for” mark, our company undertakes to fulfill the order in the event that the purchase price and delivery costs is paid in advance.
Our company can withhold the delivery of the package until we are convinced that the purchase price of the product has been successfully paid in the case of online payment. If the price of the product has not been paid in full, our Company draws the attention of the Consumer to supplement the purchase price.
Our company primarily ensures the delivery/receipt of the ordered products within the territory of Hungary.
Purchases outside Hungary are also governed by our General Terms and Conditions. In this case, a consumer is an adult citizen of a member state or a natural person residing there who acts outside the scope of his or her economic activity or profession. An enterprise is a person with a place of business in a member state, who purchases products or uses services within the European Union, and acts within the scope of his economic activity or profession.
The primary language of communication and shopping is Hungarian. Our company is not obliged to communicate in the language of the Consumer’s home country.
Our company is not obliged to comply with the non-contractual requirements defined in the national law of the foreign Consumers/Businesses’ member states in connection with the relevant product.
Foreign Consumers/Businesses can use their right to enforce their rights in accordance with our General Terms and Conditions.
In the case of online payment, the payment is made in the currency determined by our Company. Our company can withhold the delivery of the product until it is convinced of the successful payment of the purchase price and delivery fee. If the purchase price has not been paid in full, our Company will draw the attention of the Consumer/Business to supplement the purchase price.
Our company also provides non-Hungarian customers with the same delivery options as Hungarian customers, if the specific delivery method is available in the country in question. The Consumer/Business can request the delivery of the product abroad, in addition to paying the applicable delivery fee abroad.
Consumer information no. 45/2014. (II. 26.) Based on a government decree
Information on the Consumer’s right of withdrawal
As a consumer, the Civil Code 8:1. On the basis of point 3 of paragraph 1 of § 1, only a natural person acting outside the scope of his profession, independent occupation, business activity is considered, according to this, legal persons cannot exercise the right of withdrawal without justification!
45/2014 of the Consumer. (II. 26.) On the basis of § 20 of the Government Decree, you have the right to withdraw without reason. The Consumer may exercise his right of withdrawal in the case of a contract for the sale of the product within a period of 14 days from the date of receipt of the product.
The Consumer can also exercise his right of withdrawal in the period between the conclusion of the contract and the day of receipt of the product.
If the Consumer has made an offer to conclude the contract, he has the right to withdraw the offer before the conclusion of the contract, which terminates the binding nature of the offer to conclude the contract.
Declaration of withdrawal, Consumer’s right of withdrawal and termination
45/2014. (II. 26.) The Consumer can exercise his right guaranteed in § 20 of the Government Decree by means of his declaration to this effect.
Validity of consumer withdrawal statement
We consider the right of withdrawal to be valid within the deadline if the Consumer sends us his statement within the deadline (14 days).
The Consumer bears the burden of proving that he has exercised his right of withdrawal in accordance with this provision.
After receiving the Consumer’s cancellation statement, our company electronically confirms the fact of the Consumer’s exercise of the right of cancellation and acknowledgment of the fact.
Obligation of our company in the event of cancellation by the Consumer
Our company’s refund obligation
If the Consumer is the 45/2014. (II. 26.) withdraws from the contract based on § 22 of Government Decree, our Company will refund the entire amount paid by the Consumer, including the costs related to performance, such as the delivery fee, within 14 days of learning about the withdrawal. Please note that this provision does not apply to additional costs caused by choosing a delivery method other than the usual, less expensive delivery method.
The method of our company’s refund obligation
45/2014. (II. 26.) In case of withdrawal/termination based on § 22 of the Government Decree, our Company will refund the amount due to the Consumer according to the payment method used by the Consumer. If approved by the Consumer, our Company may use another payment method for the refund, however, the Consumer may not be charged the resulting additional fee. Our Company is not responsible for delays due to a wrongly provided bank account number or postal address by the Consumer.
If the Consumer chooses a delivery method other than the usual, less expensive delivery method, our Company is not obliged to reimburse the resulting additional costs. In such cases, our obligation to refund is up to the indicated general delivery charges.
Right of retention
Our company may withhold the amount due to the Consumer until the Consumer has returned the product or has clearly proven that he has returned it. We do not accept packages sent by cash on delivery or by post.
In the event of withdrawal/termination of the consumer’s obligations
If the Consumer is the 45/2014. (II. 26.) Pursuant to § 22 of the Government Decree, the customer withdraws from the contract, he must return the product immediately, no later than 14 days from the notification of withdrawal, or hand it over to a person authorized by our company to receive the product. The return is deemed completed within the deadline if the Consumer sends the product before the deadline.
Bearing the costs related to the return of the product
The cost of returning the product is borne by the Consumer. The product must be returned to our company’s address. If the Consumer terminates the contract after the start of performance, he is obliged to pay our Company a fee commensurate with the service performed up to the date of notification of the termination to the company. The amount to be paid proportionately by the Consumer shall be determined on the basis of the total amount of the consideration established in the contract plus tax. If the Consumer proves that the amount determined in this way is too high, the proportional amount must be calculated based on the market value of the services performed up to the date of termination of the contract. We do not accept packages sent by cash on delivery or by post.
Consumer responsibility for depreciation
The Consumer is responsible for the depreciation resulting from use that exceeds the use necessary to determine the nature, properties, and operation of the product.
The right of withdrawal cannot be exercised in the following cases
Please note that you may not exercise your right of withdrawal pursuant to Section 29 of Government Decree 45/2014 (II.26). In the cases included in paragraph (1):
- In the case of an alcoholic beverage, the real value of which depends on market price fluctuations beyond our Company’s influence and the price of which was agreed upon by the parties when concluding the sales contract, but the performance of the contract only takes place after the 30th day from the conclusion of the contract
- In the case of products or services that cannot be influenced by our company and are dependent on financial market price fluctuations, it is possible to exercise the right of withdrawal even within the specified period
- In the case of newspapers, magazines, periodicals, with the exception of subscription contracts
- By its nature, in the case of a product that is inseparably mixed with another product after delivery
- With the exception of services for residential purposes, in the case of a contract for the provision of accommodation, car rental, transport, catering, or a contract for services related to leisure activities, if the deadline/deadline for completion specified in the contract has been set
- In the case of the sale or purchase of sound or image recordings or computer software in sealed packaging, if the Consumer has opened the packaging after the transfer
- In the case of a non-pre-manufactured product that was manufactured based on the Consumer’s instructions or at his request, or in the case of a product that was customized for the Consumer
- In the case of digital data content provided on a non-physical data carrier, if our Company has started performance with the express, prior consent of the Consumer and the Consumer has declared at the same time as his consent that he is aware that he will lose his right of withdrawal after the start of performance
- In the case of contracts concluded at a public auction
- In the case of a perishable product or a product that retains its quality for a short time
- In the case of a contract for the provision of a service, after the completion of the service as a whole, if our Company has started the performance with the express, prior consent of the Consumer and the Consumer has acknowledged that he loses his right of termination after the completion of the service as a whole
- In the case of a business contract, in which our Company visits the Consumer at the express request of the Consumer in order to carry out urgent repair/maintenance work
- In the case of a product with closed packaging, which cannot be returned after opening after delivery due to health protection or hygiene reasons
Accessory warranty, product warranty, warranty
This section of the Consumer Information was prepared by applying Annex No. 3 of Government Decree 45/2014 (II.26) on the basis of the authorization of Section 9 (3) of Government Decree 45/2014 (II.26).
In which case can you exercise your accessory warranty right?
In the event of faulty performance by our company, you can enforce your warranty claim against our company according to the relevant rules of the Civil Code.
What rights are you entitled to based on your warranty claim?
You can make use of the following accessory warranty claims:
You can request repair or replacement, unless the option you choose is impossible or would involve disproportionate additional costs for our company. If you did not or could not ask for a repair or replacement, you can request a proportional delivery of the compensation or you can repair the defect at our company’s expense, or you can have it repaired by someone else or, in the last case, you can withdraw from the contract.
You can transfer from your selected accessory warranty right to another, but you will bear the cost of the transfer, unless it was justified or our Company gave us a reason for it.
What is the deadline for asserting your warranty claim?
It is your duty to report the error immediately after discovering it, within 2 months at the latest. You may not assert your accessory warranty rights beyond the 2-year limitation period from the completion of the contract.
If the subject of the contract between the Consumer and our Company is a used item, the parties may agree on a shorter limitation period, but a limitation period of less than 1 year cannot be stipulated.
Who can you enforce your accessory warranty claim against?
You can enforce your accessories warranty claim against our company.
What other conditions are there for asserting your accessory warranty rights?
Within 6 months from the date of delivery, there is no other condition for validating your warranty claim for accessories other than reporting the defect, if you prove that the product or service was provided by our company. However, after 6 months from the date of performance, you must prove that the defect was already present at the time of performance.
Used products are subject to different warranty and guarantee rules. Defective performance also exists in the case of a used product, but the circumstances under which the Buyer could have expected the occurrence of certain errors must be taken into account. As a result of obsolescence, the occurrence of certain errors becomes more and more frequent. The Buyer can only assert his warranty rights in the case of defects that are beyond defects resulting from use and that arose independently of them. If the used product is defective and the Consumer was informed of the defect at the time of purchase, our Company is not liable in this case.
In what cases can you use your product warranty right?
In the event of a defect in a movable object/product, you can assert your claim for accessory warranty or product warranty, according to your choice.
What rights do you have based on your product warranty claim?
As a product warranty claim, you can only request the repair or replacement of the defective product.
In which case is the product considered defective?
The product is defective if it does not meet the quality requirements in force at the time it is placed on the market or if it does not have the properties specified in the description given by the manufacturer.
What is the deadline for asserting your product warranty claim?
You can assert your product warranty claim within 2 years of the product being placed on the market by the manufacturer. After this deadline, you will lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You can only exercise your product warranty claim against the manufacturer/distributor of the movable item. You must prove the defect of the product in the event of a product warranty claim.
In which case is the manufacturer/distributor exempt from product warranty obligations?
The manufacturer/distributor is only released from its product warranty obligation if it can prove that:
- According to the state of science and technology, the defect was not detectable at the time of marketing
- The defect of the product results from the application of legislation or mandatory official regulations
- The product was not manufactured or marketed as part of its business activities
It is sufficient for the manufacturer/distributor to prove 1 reason for exemption.
Please note that due to the same defect, you cannot assert an accessory warranty claim and a product warranty claim at the same time. However, in the case of successful enforcement of a product warranty claim, you can assert your accessory warranty claim against the manufacturer for the replaced product/repaired part.
In what cases can you exercise your warranty rights?
151/2003 on the mandatory warranty for consumer durables in the event of defective performance. (IX. 22.) Based on the government decree, our company is obliged to provide a guarantee.
Legislation requires the provision of a warranty in the case of consumer durables, such as technical goods, machines, and tools, the purchase price of which exceeds HUF 10,000.
What rights are you entitled to under the warranty and within what time frame?
151/2003 on the mandatory warranty for consumer durables. (IX. 22.) Government decree defines the cases of mandatory warranty. In the case of products outside of this, our company does not provide a warranty. A warranty claim can be asserted within the warranty period. If the obligor does not fulfill his obligation within the time limit specified in the notice, the warranty claim can be asserted in court within 3 months of the expiration of the deadline specified in the notice, even if the warranty period has already expired. Failure to meet this deadline will result in loss of rights. In order to assert a warranty claim, it is necessary to apply the rules for the exercise of accessory warranty rights. The warranty period is 1 year. Failure to meet this deadline will result in loss of rights. The warranty period begins on the day the consumer product is handed over to the Consumer or put into operation (if performed by our Company). In matters related to the warranty beyond the year, please contact the manufacturer!
What is the relationship between the warranty and other warranty rights?
The warranty applies in addition to warranty rights (product and accessories warranty). The difference between warranty rights and a warranty is that in the case of a warranty, the burden of proof is more favorable for the Consumer.
Consumer goods covered by the mandatory warranty according to Government Decree 151/2003, with a fixed connection, or heavier than 10 kg or cannot be transported as hand luggage on public transport – with the exception of vehicles – must be repaired at the place of operation. If the repair cannot be carried out at the place of operation, the repair service will take care of disassembly and installation, as well as delivery and return.
Our company’s undertaking within the duration of the mandatory warranty cannot contain conditions more disadvantageous to the Consumer than those provided by the rules of the mandatory warranty. After this expires (1 year), the terms of the voluntary warranty can be freely determined, but even then the warranty cannot adversely affect the existence of the Consumer’s legal rights (based on accessory warranty).
Exchange request within three working days
In the case of a purchase made in our online store, you have the right to exchange the product within 3 working days. 151/2003, exchange request within 3 working days. (IX. 22.) In the case of consumer durables falling under the scope of the government decree, according to which, if you assert your exchange request within 3 working days, our company must interpret it as if the product was already defective at the time of sale and we must replace the product without further ado.
When is our company exempt from warranty obligations?
Our company is exempted from warranty obligations only if it proves that the cause of the defect arose after performance.
Please note that due to the same defect, you cannot assert a claim for accessory warranty and warranty, or a claim for product warranty and warranty at the same time, in parallel. You are entitled to the rights arising from the warranty regardless of warranty entitlements.