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floWeRAP

The Blossoming Giftwrap

Terms and Conditions

Effective from: 3 May 2024

Introduction:

Please read our General Terms and Conditions (GTC) 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, the goods we sell or our General Terms and Conditions, you can contact our Company at the following contact details:

Our Company details:

Name of individual entrepreneur : Anna Papai-Vonderviszt, Individual Entrepreneur

Headquarters, postal address : 16/b. 2/6. Diofa str., 8200 Veszprem, HUNGARY

Tax number : 41934135-1-39

EU tax number: HU41934135

Individual entrepreneur registration number : 58171172

Name of the registering authority : Central Management of the National Tax and Customs Administration (Hungary)

Individual entrepreneur's bank account number (IBAN): HU05 1091 8001 0000 0124 0070 0002

Website address: https://flowerwrap.eu

Email: flowerwrap.japan@gmail.com

Phone number : +36 20 2011343

Data of hosting provider: 

Company name:  RACKFOREST INFORMATIKAI KERESKEDELMI SZOLGÁLTATÓ ÉS TANÁCSADÓ ZRT.

Headquarters: 1132 Budapest, Victor Hugo utca 11., 5. emelet

Email:  info@rackforest.hu

Telephone: +36 1 211 0044



 

Concepts:

Parties: Seller and Consumer (Business together)

Consumer: an adult natural person who has reached the age of 18 acting outside the scope of his 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 the sales contract between the Seller and the Consumer/Business using the webshop and e-mail

Absentee contract: a consumer contract that is concluded within the framework of a distance selling system organized for the provision of goods or services in accordance with the contract, without the simultaneous physical presence of the parties, in such a way that, in order to conclude the contract, the contracting parties use a device that enables communication between absent parties only

Goods: movable things offered in our webshop, intended for sale, available for possession

Purchase price: consideration to be paid for the goods

Goods containing digital elements: movable things that include or are connected to digital content or digital services in such a way that the goods would not be able to perform their functions without the digital content or digital service concerned

Compatibility: the ability of a good, digital content or digital service containing digital elements to work with hardware or software with which goods, digital content or digital services of the same type are normally used, without the need for conversion

Interoperability: the ability of a good, digital content or digital service containing digital elements to work with hardware and software different from that with which the same type of good, digital content or digital service is normally used

Functionality: the ability of a good containing digital elements, digital content or a digital service to perform functions appropriate to its purpose

Manufacturer: the producer of the goods, in the case of imported goods, the importer into the territory of the European Union, or any person who identifies himself as a manufacturer by placing his name, trademark or other distinguishing mark on the goods

Durable data medium: any device that enables the Consumer or the business to store the data addressed to him/her personally in a manner that is still accessible in the future and for a period appropriate to the purpose of the data, as well as to display the stored data in an unchanged form

Device enabling communication between absent parties: a device that is suitable for making a contract statement in the absence of the parties - in order to conclude a contract. Such a device is, in particular, an addressed or unaddressed form, a standard letter, an advertisement published in a press product with an order form, a catalog, a telephone, a fax machine and a device providing Internet access.

Business: a person acting in the scope of his economic activity or profession

Webshop: our webshop, where the contract is concluded.

Relevant legislation:

  • CLV of 1997. Act on Consumer Protection
  • LXXVI of 1999 law on copyright
  • CVIII of 2001 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
  • CXX of 2011 Act on the right to self-determination of information and freedom of information
  • Act V of 2013 on the Civil Code
  • 19/2014. (IV.29.) NGM decree on the procedural rules for managing warranty and guarantee claims for things 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 the 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
  • 373/2021 on the detailed rules of contracts for the sale and purchase of goods and the provision of digital content and digital services between a consumer and a business. (VI. 30.) Government decree.

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 document, we summarize the rights and obligations of you and us, the conditions for concluding the 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.

Language and form of contract:

The language of the contract is English.

The contract is created by placing the order and accepting our General Terms and Conditions.

Filing contract versions:

We keep the versions of our contract valid at different times for retrievability and make them available at the Consumer's request.

Prices:

Prices are in Euros. Our Company is tax-free, 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 Goods or the activities of our Company at the following contact details:

  • Email: flowerwrap.japan@gmail.com
  • Phone number: +36 20 2011343

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 goods.

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, our response will be sent to the Consumer within 30 days. 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.

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, at which authority or Conciliation Board Consumer can initiate further procedure with the complaint. The information includes the headquarters, 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, 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. 

Judicial proceeding:

Within the framework of the civil procedure, the Consumer is entitled to enforce his claim arising from the legal dispute in court competent according to Consumer’s place of residence. 

Conciliation Board procedure:

Consumer has the right to contact the Conciliation Board competent according to the place of residence if Company rejects consumer complaint. The condition for initiating the procedure is that prior to it the Consumer 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 create an agreement.

 

Online dispute resolution platform:

After registering as a consumer on the website created by the European Commission, by filling out 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 goods/services purchased online.

On this online dispute resolution platform, the Consumer and the Company can choose together which dispute resolution body will be assigned to handle the complaint.

The online dispute resolution platform is available on the following website: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

Copyrights:

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 images, texts, software and graphic programs on our website, as well as the use of harmful 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 right holder (Anna Papai-Vonderviszt I.E.), 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.

Product properties:

Information on the properties of the goods for sale on our website can be found in the description on the page of the given goods.

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 goods to the address indicated 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. Also, our Company excludes responsibility when the entered e-mail mailbox is full, and 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 incorrect price:

  • EUR 0
  • Price showing a discount incorrectly (e.g.: Original price of goods: EUR 30, discount: 20%, discounted price: EUR 5, since in this case the correct price should be HUF 24)

If an incorrect price has been indicated, our Company will inform you of the problem and offer you the possibility of purchasing the goods at the correct price, so according to your decision, you can either order the goods at the correct price or cancel the purchase without consequences.

Using our webshop:

Our webshop provides the Consumer with the presentation of the goods (goods with pictures, description, price on the website) and the option of online ordering. You can browse our website in a menu system. You will find the goods organized by category. By clicking on the name of a category, the goods in that category will be displayed. From the list page, you can find a detailed description of the product by clicking on the name of the product. In our webshop, it is also possible to search by keywords.

If you want to buy a product, you can do so (if you want more than one piece then set the number of pieces) by clicking on the ‘Add to cart’ button. You can view and check the items in the cart clicking on the cart icon on the top right corner of the page. Here you can change the quantities of the goods or delete goods from the basket. Before proceeding, please check the goods and the quantity you want to order, because you will no longer be able to correct them later.

Once you have selected which goods you would like to order, you must also select the method of payment and the method of delivery from the options offered. You can confirm your order by clicking the ‘Proceed to checkout’ button. The following information is required for ordering: name, address, billing address, shipping address, e-mail address, telephone number. We will send you a confirmation by e-mail in case of a successful order.

Order finalization:

If everything is correct, you can finalize your order by clicking the ‘Place order’ button. After clicking the button you will receive a confirmation of your purchase on our website and also by e-mail. If you notice in the confirmation e-mail that you have entered incorrect data, please notify us immediately, within 24 hours, via one of our contacts.

The information on our website does not constitute an offer to conclude a contract on the part of our Company. You are the bidder.

By clicking the ‘Place order’ button, you acknowledge that your offer is deemed to have been made and this entails a payment obligation. If we do not confirm your offer within 48 hours according to our General Terms and Conditions, you will be released from your obligations as an offeror.

Order processing and conclusion of the contract:

You can place your order on our webshop at any time. You will receive an automatic confirmation of your order, which means that your order has been received, but this confirmation does not constitute acceptance of your offer. If you do not receive this automatic confirmation by e-mail within 24 hours of placing your order, please let us know, as there may be a technical problem, due to which your order did not arrive in our system.

Our Company confirms your offer in a second e-mail (together with the invoice for the transaction), at which point the contract is established between the parties.

Payment methods :

Bank Transfer:

Payment can be made by bank transfer. After placing the order, the data required for the transfer will appear on the screen (bank account number, order number, etc.). We will also send your invoice by e-mail, which also contains the data required for the transfer. In order to facilitate the processing of the transfer, please always include the order ID or number of the invoice in the notice field of the transfer! Once your payment has been received, we will hand over your package to the selected courier service within 2 working days.

Bank card payment through Woopayment (Stripe)'s system:

Online bank card payments are made through Woopayment (Stripe)'s system. The bank card data will not be collected and stored by the merchant, only by Stripe Payments Europe, Limited., which provides the service.

Collection methods :

Personal collection:

It is also possible to pick it up in person at the Feltolto pont csomagolasmentes store (Cholnoky str. 34., Veszprem, HUNGARY), no earlier than on the 2nd working day after the confirmation of the order. To receive the package, you definitely need the order ID number.

You can find information about the store's opening hours here:

https://www.facebook.com/feltoltopontveszprem/

 

Foxpost courier service:

You can request home delivery by courier with the Foxpost courier service in case the shipping address is within Hungary. 

Delivery time: 1-2 working days from dispatch.

FoxPost parcel point:

The FoxPost parcel lockers service is also only available when the shipping address is within Hungary. The lockers are mainly located in shopping centers and enable simple, convenient and time-saving package collection.

More information: https://foxpost.hu/en/apt-finder

Delivery time: 1-2 working days from dispatch.

 

GLS courier service:

You can request home delivery by courier with the GLS courier service in case the shipping address is outside Hungary. 

Please note that delivery time depends on the country of the shipping address. Usually it takes 2-7 days after dispatch.

See details here:

https://gls-group.com/HU/en/occasional-shipment/shipping-calculator/

 

Completion date:

The general deadline for the fulfillment of the order is no later than 30 days after the confirmation of the order. In the event that our Company does not fulfill the order within the stipulated time, you are entitled to give our Company an additional deadline. If our Company does not perform within the additional deadline, you are entitled to withdraw from the contract.

Product and service evaluation:

After completing the order, we send our customers a product and service evaluation questionnaire in order to be able to improve the quality of our service. Completing the questionnaire is voluntary.

 

Sales to foreign countries:

Our Company ensures the delivery/receipt of the ordered goods within the territory of the European Union.

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 legal person with a place of business in a member state, who purchases goods or uses services within the European Union, and acts in the scope of his economic activity or profession.

The primary language of communication and purchase is English. Our Company is not obliged to communicate in the official language(s) 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 state in connection with the relevant goods.

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 goods until it is convinced of the successful payment of the purchase price and the delivery fee. If those have not been paid in full, our Company will draw the attention of the Consumer/Business.

The Consumer/Business may request the delivery of the goods abroad, upon payment of the delivery fee applicable abroad.

 

Consumer information 45/2014. (II. 26.) Based on government decree:

Information on the Consumer's right of withdrawal:

According to the Hungarian Civil Code 8:1. Based on § 1. point 3, only a natural person acting outside the scope of his profession, independent occupation, business activity is considered to be a Consumer. Legal entities cannot use the right of withdrawal without justification!

On the basis of § 20 of the Government Decree 45/2014. (II. 26.), Consumers have the right to withdraw without reason. In case of a contract for the sale of goods, the Consumer may exercise his right of withdrawal within a period of 14 days from the date of receipt of the goods.

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 goods.

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:

Consumer can exercise his right guaranteed in § 20 of the Government Decree 45/2014. (II. 26.) by means of his declaration.

Validity of consumer withdrawal statement:

We consider the right of withdrawal to have been enforced within the deadline if the Consumer sends us his statement within the deadline (14 days from the date of receipt of the goods).

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 acknowledgement of the fact.

Our Company's obligation in the event of cancellation by the Consumer:

Our Company's obligation to refund:

If the Consumer withdraws from the contract based on § 22 of Government Decree 45/2014. (II. 26.), 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 the date when goods concerned are returned to Company. 

The method of our Company's refund obligation:

In case of withdrawal/termination based on § 22 of the Government Decree 45/2014. (II. 26.), 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.

Additional costs:

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 goods or has clearly proven that he has returned them. We do not accept packages sent by cash on delivery.

In the event of withdrawal/termination of the Consumer's obligations:

Return of goods:

If the Consumer pursuant to the 45/2014. (II. 26.) § 22 of the Government Decree withdraws from the contract, he must return the goods immediately, no later than 14 days from the notification of withdrawal, or hand them over to a person authorized by our Company to receive the goods. The return is deemed to have been completed within the deadline if the Consumer sends the goods before the deadline.

Bearing costs related to the return of goods:

The cost of returning the goods is borne by the Consumer. The goods must be returned to our Company's registered address. 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 goods.

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 below cases included in paragraph (1):

  • In the case of non-pre-manufactured goods that were manufactured based on the Consumer's instructions or at the request of the Consumer, or in the case of goods that were tailored to the Consumer's person
  • 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.

Accessories warranty, product warranty, warranty information regarding consumer contracts

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).

This information only applies to buyers who are considered consumers, the rules for buyers who are not considered consumers are defined in a separate chapter.

General requirements for compliance with the contract in the case of a consumer contract

At the time of delivery, the goods must comply with Regulation 373/2021. (VI.30.) to the requirements contained in the Government Decree.

In order for the performance to be considered as contractual the goods subject to the contract must:

  • correspond to the description, quantity, quality, type included in the contract, and must have the functionality, compatibility, interoperability and other characteristics specified in the contract
  • be suitable for any purpose specified by the Consumer, which the Consumer brought to the Company's attention at the latest when the contract was concluded, and which the Company accepted in writing
  • have all the accessories and user manuals specified in the contract - including commissioning instructions, installation instructions, and customer service support.

 

In order for the performance to be considered contractual the goods subject to the contract must:

  • be suitable for the purposes prescribed for the same type of goods/services by law, technical standard or, in the absence of a technical standard, by the governing code of conduct
  • have the quantity, quality, performance and other characteristics that the Consumer can reasonably expect - especially in terms of functionality, compatibility, accessibility, continuity and safety - which is usual for the same type of goods, taking into account the Company, its representative or other person participating in the sales chain, a public statement about the specific properties of the service - especially made in an advertisement or on a label
  • have the accessories and instructions that the Consumer can reasonably expect - including packaging and installation instructions
  • comply with the characteristics and description of the service presented as a sample or model or made available as a trial version by the Company prior to the conclusion of the contract.

The goods do not have to comply with the public statement above, if our Company can prove that:

  • the Company didn't know the public statement, and the Company didn't need to know it
  • the public statement had already been properly corrected by the time the contract was concluded
  • the public statement could not influence the right holder's decision to enter into a contract.

 

Accessory warranty:

In which case can Consumer exercise the accessory warranty right?

In the event of defective performance by our Company, Consumer may enforce warranty claim against our Company in accordance with the relevant rules of the Civil Code and, in the case of consumer contracts, Government Decree 373/2021 (VI.30).

What rights is Consumer entitled to based on the warranty claim?

Consumer can make use of the following accessory warranty claims:

Consumer can request repair or replacement, unless the option chosen is impossible or would involve disproportionate additional costs for our Company.

Consumer can transfer from selected accessory warranty right to another, but Consumer will bear the cost of the transfer, unless it was justified or our Company gave us a reason for it.

In the case of a consumer contract, it must be assumed until proven otherwise that a defect recognized within one year from the date of delivery of the goods and goods containing digital elements already existed at the time of delivery - an exception to this is if this assumption is incompatible with the nature of the goods or the nature of the defect.

Our Company may refuse to make the goods conform to the contract if the repair or replacement is impossible, or if it would result in disproportionate additional costs for the Company, taking into account all circumstances, including the value represented by the service in perfect condition, as well as the severity of the breach of contract.

The Consumer is also entitled - in accordance with the severity of the breach of contract - to request a proportionate delivery of compensation or to terminate the sales contract if 

  • Company did not perform the repair or replacement, or performed it but did not ensured the return of the exchanged goods at its own expense
  • Company refused to make the goods conform to the contract
  • a repeated performance error occurred, despite the fact that our Company attempted to make the goods conform to the contract
  • the error in performance is so serious that it justifies an immediate price reduction or the immediate termination of the sales contract; OR
  • Our Company did not undertake to make the goods conform to the contract, or it is clear from the circumstances that our Company will not make the goods conform to the contract within a reasonable time frame or without significant damage to the Consumer's interests

If the Consumer wishes to terminate the sales contract citing faulty performance, our Company bears the burden of proving that the fault is insignificant.

The Consumer has the right to withhold the remaining part of the purchase price - depending on the severity of the breach of contract - in whole or in part until our Company fulfills its obligations related to contractual compliance and defective performance.

General applicable rules:

Our Company must ensure the return of the exchanged goods at its own expense.

 

The reasonable deadline for the repair or replacement of the goods must be calculated from the time when the Consumer communicated the defect to our Company.

The Consumer must make the goods available to our Company in order to carry out the repair or replacement.

Delivery of compensation is proportionate if its amount is equal to the difference between the value of the goods owed to the Consumer in the case of contractual performance and the value of the goods actually received by the Consumer.

The Consumer's right to terminate the sales contract can be exercised with a legal statement addressed to our Company expressing the decision to terminate.

If the defective performance affects only a specific part of the goods supplied under the sales contract, and the conditions for exercising the right to terminate the contract exist in respect of them, the Consumer may terminate the sales contract only with regard to the defective goods. In case the Consumer cannot reasonably be expected to keep only goods that conform to the contract, the Consumer may terminate the sales contract to any other goods acquired together.

If the Consumer terminates the sales contract in its entirety or - in accordance with paragraph (2) - with regard to a part of the goods supplied under the sales contract, then

  • the Consumer must return the affected goods to our Company at our Company's expense; and
  • Our Company must immediately refund to the Consumer the purchase price paid for the goods concerned, as soon as it has received the goods or the certificate supporting the return of the goods.

What is the deadline for asserting the warranty claim?

It is the Consumer’s duty to report the error immediately after its discovery, no later than within 2 months. Consumer may not assert accessory warranty rights beyond the 2-year limitation period from the completion of the contract.

The limitation period does not include the time taken to repair the goods, during which the Consumer could not use the goods as intended.

If a part of the goods is replaced or repaired, the warranty period for the affected part starts again. This rule also applies if a new error is created as a result of the repair.

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 Consumer enforce the accessory warranty claim against?

Consumer can enforce the accessory warranty claim against our Company.

What other conditions are there for asserting accessory warranty rights?

Within 1 year from the date of delivery, there is no other condition for validating the accessory warranty claim, apart from reporting the defect, if you prove that the goods or services were provided by our Company. However, after 1 year from the date of performance, you must prove that the defect was already present at the time of performance.

Product warranty:

In what cases can Consumer use product warranty right?

In the event of a defect in a movable object/goods, Consumer may choose to use accessory warranty or product warranty right.

What rights does the Consumer have based on product warranty claim?

As a product warranty claim, Consumer can only request the repair or replacement of defective goods.

In which case is the product considered defective?

The goods are defective if they do not meet the quality requirements in force at the time they are placed on the market or if they do not have the properties specified in the description provided by the manufacturer.

What is the deadline for asserting the product warranty claim?

Consumer can assert product warranty claim within 2 years of the product being placed on the market by the manufacturer. After this deadline, the Consumer will lose this right.

Against whom and under what other conditions can Consumer enforce the product warranty claim?

Consumer can only exercise the product warranty claim against the manufacturer/distributor of the movable item. You must prove the defect of the goods 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 in the goods results from the application of legislation or mandatory official regulations
  • Company did not manufacture or market the goods as part of his business activities.

It is sufficient for the manufacturer/distributor to prove only one reason for exemption.

Please note that due to the same defect, Consumer 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, Consumer can assert accessory warranty claim against the manufacturer for the replaced product/repaired part.

 

Accessories warranty, product warranty, warranty information regarding customer contracts that do not qualify as consumers

Accessories warranty

A customer who is not a consumer may make use of the following accessory warranty claims:

  • Customer can request a repair or replacement, unless the fulfillment of a request chosen by a customer who is not a consumer is not possible or it would entail disproportionate additional costs for our Company compared to the implementation of another request.
  • If customer do not request the repair or replacement, or if customer was unable to request it, customer can request a proportional delivery of the compensation or repair the defect at our Company's expense, or have it repaired by someone else, or in the last case, customer can also withdraw from the contract.

Customer can switch from the selected accessory warranty right to another, however, the cost of the switch will be reimbursed by the customer who is not a consumer, unless it was justified or our Company gave a reason for it.

In the case of customers who are not considered consumers, the deadline for enforcing the warranty right is 1 year, which starts on the day of performance.

Product warranty and guarantee

Buyers who do not qualify as consumers are not entitled to the warranty or product warranty.

In the event that our Company voluntarily provides a warranty for a specific product, it will be indicated during the purchase of the product.

If the manufacturer of a product provides a warranty covering non-consumer customers, it can be enforced directly at the manufacturer.