Preamble

Welcome to our website! Thank you for choosing us for your purchase!

This webshop GTC was created with the Consumer Friend GTC generator.

If you have any questions regarding these General Terms and Conditions, the use of the website, individual products, or the purchasing process, or if you wish to discuss a specific request, please contact our staff using the provided contact details!

Legal notice: details of the Service Provider (Seller, Company)

Name: Barnabás Lénárt sole proprietor

Registered office: Hungary, 2000 Szentendre, Barackvirág utca 1 D

Correspondence address: Hungary, 2000 Szentendre, Barackvirág utca 1 D

Registering authority: NATIONAL TAX AND CUSTOMS ADMINISTRATION

Registration number: 62180197

Tax number: HU91970132

Representative: Barna Lénárt

Phone number: +36304917775

Email: info@nandu-wrap.com

Website: https://nandu-wrap.com

Bank account number: 12600016-15627727-56186827

IBAN: BE85 9671 0919 6906

SWIFT code: TRWIBEB1XXX

Hosting Provider Details

Name: Shopify Inc.

Registered office: 151 O’Connor Street, Ground floor, Ottawa, ON K2P 2L8, Canada

Contact: +1 (888) 746-7439 info@shopify.com

Website: https://shopify.com

Definitions

Goods: movable property offered for sale on the Website, including goods containing digital elements

Goods containing digital elements: movable property that incorporates or is interconnected with digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions

Digital content: data produced or provided in digital form

Parties: Seller and Buyer jointly

Consumer: a natural person acting outside their trade, business, craft or profession

Consumer contract: a contract where one of the parties qualifies as a consumer

Functionality: the ability of goods containing digital elements, digital content or digital services to perform their functions appropriate to their purpose

Manufacturer: the producer of the Goods, in the case of imported Goods, the importer bringing the Goods into the territory of the European Union, and any person who presents himself or itself as a manufacturer by affixing his or its name, trade mark or other distinguishing mark to the Goods

Interoperability: the ability of goods containing digital elements, digital content or digital services to interact with hardware and software that differ from those with which goods, digital content or digital services of the same type are normally used

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

Website: this website, used for concluding the contract

Contract: the contract of sale concluded between the Seller and the Buyer using the Website and electronic mail

Durable medium: any instrument which enables the consumer or the undertaking to store information addressed personally to him in a way accessible for future reference for a period adequate for the purposes of the information and which allows the unchanged reproduction of the information stored

Means of distance communication: any means which, without the simultaneous physical presence of the parties, may be used for the conclusion of a contract between those parties. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in the press with an order form, catalogues, telephone, fax and devices providing internet access

Distance contract: a consumer contract concluded within the framework of an organised distance sales or service-provision scheme without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded

Undertaking: a person acting within the scope of their trade, business, craft or profession

Buyer/You: the person concluding a contract by submitting a purchase offer through the Website

Seller: the person concluding a contract by making an offer through the Website

Warranty: In the case of contracts concluded between a consumer and an undertaking (hereinafter: consumer contract) according to the Civil Code,

1. the warranty undertaken for the performance of the contract, which the undertaking voluntarily assumes in addition to or in the absence of its legal obligation for the proper performance of the contract, and
2. the mandatory warranty based on law

Purchase price: the consideration to be paid for the Goods and the provision of digital content.

Relevant legislation

The Contract is governed by Hungarian law, and in particular by the following legislation:

• 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 151/2003. (IX.22.) on mandatory warranty for durable consumer goods
• IM Decree 10/2024. (VI.28.) on the definition of the scope of durable consumer goods subject to mandatory warranty
• Government Decree 45/2014. (II.26.) on the detailed rules for contracts between consumers and businesses    
• NGM Decree 19/2014. (IV.29.) 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 to informational self-determination and freedom of information
• REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (28 February 2018) on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
• REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (27 April 2016) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
• Government Decree 373/2021. (VI. 30.) on the detailed rules for contracts between consumers and businesses for the sale of goods and the provision of digital content and digital services

Scope of the GTC

The content of the contract concluded between us – in addition to the provisions of the relevant mandatory legislation – is determined by these General Terms and Conditions (hereinafter: GTC). Accordingly, these GTC include the rights and obligations of you and us, the conditions for the formation of the contract, the performance deadlines, the shipping and payment conditions, the liability rules, and the conditions for exercising the right of withdrawal.

Technical information necessary for using the Website, which is not contained in these GTC, is provided by other information available on the Website.

Language of the contract, form of the contract

The language of contracts falling under the scope of these GTC is Hungarian.

Contracts falling under the scope of these GTC are not considered written contracts and are not filed by the Seller.

Prices

Prices are in HUF. The Seller is exempt from VAT for sales purposes, so the prices do not include VAT. The possibility that the Seller may modify prices for business policy reasons cannot be ruled out. Price modifications do not extend to contracts already concluded. If the Seller incorrectly stated the price and an order was received for the Goods, but a contract has not yet been concluded between the Parties, the Seller shall proceed according to the "Procedure for incorrect pricing" section of the GTC.

Procedure in case of incorrect pricing

Prices considered obviously incorrect include:

• 0 HUF price,
• a price reduced by a discount, but incorrectly displayed compared to the correct discount percentage shown next to the correct original price (e.g., for a 1000 HUF product, next to a 20% discount, instead of the correct 800 HUF, the product is incorrectly offered for 500 HUF based on an erroneous calculation not corresponding to the percentage).

In case of such an incorrect price display, the Seller offers the possibility of purchasing the Goods at their real price, based on which information the Buyer can decide whether to order the Goods at the real price or not to take advantage of this opportunity, in which case no contract is formed between the Parties.

Complaint handling and legal enforcement options

The consumer may submit a warranty, product warranty, or guarantee claim related to the Goods, or a complaint (consumer complaint according to the Consumer Protection Act) regarding the conduct, activity, or omission of the Seller, or a person acting on behalf of or for the benefit of the Seller, directly related to the distribution or sale of goods to consumers, aiming to eliminate an individual violation of rights or interests, through the following contact channels and methods:

• In writing through the following website: https://nandu-wrap.com
• In writing to the following email address: info@nandu-wrap.com
• In writing by post: Hungary, 2000 Szentendre, Barackvirág utca 1 D

The Seller is obliged to handle consumer warranty, product warranty, or guarantee claims not according to the rules for consumer complaint handling of the Consumer Protection Act, but according to separate legal provisions.

The consumer may communicate their complaint under the Consumer Protection Act, which is a complaint aimed at eliminating an individual violation of rights or interests related to the conduct, activity, or omission of the undertaking or a person acting on behalf of or for the benefit of the undertaking in direct connection with the distribution or sale of goods to consumers – with the exception of warranty, product warranty, or guarantee claims – verbally or in writing to the undertaking.

The Seller shall immediately examine the verbal complaint and remedy it if necessary. If the consumer does not agree with the handling of the complaint, or if immediate investigation of the complaint is not possible, the Seller shall immediately draw up a record of the complaint and its position on it, and in the case of a verbal complaint communicated in person, hand over a copy to the consumer on the spot, or in the case of a verbal complaint communicated by telephone or other electronic communication service, send it to the consumer within 30 days at the latest – in accordance with the provisions for written replies to complaints – simultaneously with the substantive reply. The record of the complaint must contain the following:

1. the consumer's name, address, or email address,
2. the place, time, and method of submitting the complaint,
3. a detailed description of the consumer's complaint, a list of documents, evidence, and other evidence presented by the consumer,
4. the undertaking's statement on its position regarding the consumer's complaint, if immediate investigation of the complaint is possible,
5. the signature of the person drawing up the record and – with the exception of verbal complaints communicated by telephone or other electronic communication service – the consumer's signature,
6. the place and time of drawing up the record,
7. in the case of a verbal complaint communicated by telephone or other electronic communication service, the unique identification number of the complaint, and
8. a warning that if the consumer does not provide the data in points a. and c. during the recording of the complaint, or refuses to sign the record, the Seller shall omit the application of the provisions for replying to written complaints in the handling of the verbal complaint.

If the consumer does not provide the data in points a) and c) during the communication of the verbal complaint, or refuses to sign the record, the undertaking is not obliged to proceed according to the provisions for replying to written complaints in handling the verbal complaint.

The Seller is obliged to respond to a written complaint – unless otherwise provided by directly applicable legal acts of the European Union – in writing and in a verifiable manner within thirty days of its receipt and to arrange for its communication. The Seller is obliged to justify its position if it rejects the complaint. In the event of rejection of the complaint, the Seller is obliged to inform the consumer in writing of which authority or conciliation body the consumer may initiate proceedings – depending on the nature of the complaint. The information must also include the address, telephone and internet contact details, and mailing address of the competent authority or the conciliation body according to the consumer's place of residence, habitual abode, or registered office, as well as whether the Seller has made a general declaration of submission.

If the Seller provides an electronic interface or form for submitting a written complaint, it is obliged to immediately acknowledge receipt of the written complaint at the electronic mailing address provided by the consumer.

The Seller is obliged to keep the record of the verbal complaint or the written complaint, as well as a copy of its substantive reply to the complaint, for three years and to present it at the request of the inspecting authority.

If a consumer dispute between the Seller and the consumer is not settled during negotiations, the following legal enforcement options are available to the consumer:

Consumer protection procedure

Complaints can be filed with the consumer protection authorities. If the consumer detects a violation of their consumer rights, they are entitled to turn to the consumer protection authority competent according to their place of residence. Following the assessment of the complaint, the authority decides on conducting the consumer protection procedure. The first-instance consumer protection tasks are carried out by the capital and county government offices competent according to the consumer's place of residence; their contact details can be found here:

Consumer Protection Department of the Government Office of Budapest Capital City Address: 1117 Budapest, Prielle Kornélia utca 4/b. E-mail: fogyasztovedelem@bfkh.gov.hu Phone number: (1) 450-2598 Website: https://kormanyhivatalok.hu/kormanyhivatalok/budapest/megye/szervezet/fogyasztovedelmi-foosztaly Jurisdiction: Area of Budapest Capital City	Consumer Protection Department of the Government Office of Pest County Address: 1072 Budapest, Nagy Diófa u. 10-12. E-mail: fogyved@pest.gov.hu Phone number: 06 1 459 4843 Website: https://kormanyhivatalok.hu/kormanyhivatalok/pest/megye/szervezet/fogyasztovedelmi-foosztaly Jurisdiction: Pest County
Consumer Protection Department of the Government Office of Bács-Kiskun County Address: 6000 Kecskemét, Szent István krt. 19/A. Mailing address: 6001 Kecskemét, Pf. 189. E-mail: fogyasztovedelem@bacs.gov.hu Phone number: 06 76 795 710 Website: https://kormanyhivatalok.hu/kormanyhivatalok/bacs-kiskun/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi Jurisdiction: Bács-Kiskun County	Consumer Protection Department of the Government Office of Baranya County Address: 7630 Pécs, Hengermalom u. 2. Mailing address: 7630 Pécs, Hengermalom u. 2. E-mail: fogyasztovedelem@baranya.gov.hu Phone number: 06 72 795 398 Website: https://kormanyhivatalok.hu/kormanyhivatalok/baranya/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es Jurisdiction: Baranya County
Consumer Protection Department of the Government Office of Békés County Address: 5600 Békéscsaba, József Attila u. 2-4. Mailing address: 5600 Békéscsaba, József Attila u. 2-4. E-mail: fogyved@bekes.gov.hu Phone number: +36 66 546 150 Website: https://kormanyhivatalok.hu/kormanyhivatalok/bekes/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi Jurisdiction: Békés County	Consumer Protection Department of the Government Office of Borsod-Abaúj-Zemplén County Address: 3527 Miskolc, József Attila u 20. E-mail: fogyasztovedelem@borsod.gov.hu Phone number: 06 46 795 779 Website: https://kormanyhivatalok.hu/kormanyhivatalok/borsod-abauj-zemplen/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi Jurisdiction: Borsod-Abaúj-Zemplén County
Consumer Protection Department of the Government Office of Csongrád-Csanád County Address: 6722 Szeged, Rákóczi tér 1. Mailing address: 6722 Szeged, Rákóczi tér 1. E-mail: fogyasztovedelem@csongrad.gov.hu Phone number: 06 62 680 532 Website: https://kormanyhivatalok.hu/kormanyhivatalok/csongrad-csanad/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es Jurisdiction: Csongrád-Csanád County	Consumer Protection Department of the Government Office of Fejér County Address: 8000 Székesfehérvár, Honvéd utca 8. E-mail: fogyved@fejer.gov.hu Phone number: +36 22 501 751 Website: https://kormanyhivatalok.hu/kormanyhivatalok/fejer/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es Jurisdiction: Fejér County
Consumer Protection Department of the Government Office of Győr-Moson-Sopron County Address: 9022 Győr, Türr István utca. 7. E-mail: fogyasztovedelem@gyor.gov.hu Phone number: +36 96 795 950 Website: https://kormanyhivatalok.hu/kormanyhivatalok/gyor-moson-sopron/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es Jurisdiction: Győr-Moson-Sopron County	Consumer Protection Department of the Government Office of Hajdú-Bihar County Address: 4025 Debrecen, Széchenyi utca 46. Mailing address: 4025 Debrecen, Széchenyi utca 46. E-mail: fogyasztovedelem@hajdu.gov.hu Phone number: 06 52 533 924 Website: https://kormanyhivatalok.hu/kormanyhivatalok/hajdu-bihar/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es Jurisdiction: Hajdú-Bihar County
Consumer Protection Department of the Government Office of Heves County Address: 3300 Eger, Kossuth L. u. 9. Mailing address: 3301 Eger, Pf. 216. E-mail: fogyved@heves.gov.hu Phone number: 06 (36) 515-469 Fax: 06 (36) 516-040 Website: https://kormanyhivatalok.hu/kormanyhivatalok/heves/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi Jurisdiction: Heves County	Consumer Protection Department of the Government Office of Jász-Nagykun-Szolnok County Address: 5000 Szolnok, Indóház u. 8. E-mail: jasz.fogyved@jasz.gov.hu Phone number: 56/795-165 Website: https://kormanyhivatalok.hu/kormanyhivatalok/jasz-nagykun-szolnok/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi Jurisdiction: Jász-Nagykun-Szolnok County
Consumer Protection Department of the Government Office of Komárom-Esztergom County Address: 2800 Tatabánya, Bárdos László utca 2. E-mail: fogyasztovedelem.meff@komarom.gov.hu Phone number: (34) 309-303 Website: https://kormanyhivatalok.hu/kormanyhivatalok/komarom-esztergom/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es Jurisdiction: Komárom-Esztergom County	Consumer Protection Department of the Government Office of Nógrád County Address: 3100 Salgótarján, Karancs út 54. E-mail: fogyved@nograd.gov.hu Phone number: 06 32 511 116 Website: https://kormanyhivatalok.hu/kormanyhivatalok/nograd/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi Jurisdiction: Nógrád County
Consumer Protection Department of the Government Office of Somogy County Address: 7400 Kaposvár, Vásártéri út 2. E-mail: fogyasztovedelem@somogy.gov.hu Phone number: 06 82 510 868 Website: https://kormanyhivatalok.hu/kormanyhivatalok/somogy/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es Jurisdiction: Somogy County	Consumer Protection Department of the Government Office of Szabolcs-Szatmár-Bereg County Address: 4400 Nyíregyháza, Hatzel tér 10. Mailing address: 4401 Nyíregyháza, Pf. 77. E-mail: fogyasztovedelem@szabolcs.gov.hu Phone number: 06 42 500 694 Website: https://kormanyhivatalok.hu/kormanyhivatalok/szabolcs-szatmar-bereg/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es Jurisdiction: Szabolcs-Szatmár-Bereg County
Consumer Protection Department of the Government Office of Tolna County Address: 7100 Szekszárd, Kiskorzó tér 3. E-mail: fogyasztovedelem@tolna.gov.hu Phone number: (74) 795-385 Website: https://kormanyhivatalok.hu/kormanyhivatalok/tolna/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es Jurisdiction: Tolna County	Consumer Protection Department of the Government Office of Vas County Address: 9700 Szombathely, Wesselényi u. 7. Mailing address: 9702 Szombathely, Pf. 24. E-mail: fogyasztovedelem@vas.gov.hu Phone number: +36/70-705-1435 Website: https://kormanyhivatalok.hu/kormanyhivatalok/vas/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es Jurisdiction: Vas County
Consumer Protection Department of the Government Office of Veszprém County Address: 8200 Veszprém, Kistó utca 1. Mailing address: 8200 Veszprém, Kistó utca 1. E-mail: fogyasztovedelem@veszprem.gov.hu Phone number: +36 88 550 510 Website: https://kormanyhivatalok.hu/kormanyhivatalok/veszprem/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi Jurisdiction: Veszprém County	Consumer Protection Department of the Government Office of Zala County Address: 8900 Zalaegerszeg, Pintér Máté u. 22. Mailing address: 8900 Zalaegerszeg, Pintér Máté u. 22. E-mail: fogyasztovedelem.zala@zala.gov.hu Phone number: +36 92 510 530 Website: https://kormanyhivatalok.hu/kormanyhivatalok/zala/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi Jurisdiction: Zala County

Court proceedings

The client is entitled to enforce their claim arising from the consumer dispute before a court within the framework of civil proceedings, in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

Conciliation board proceedings

If your consumer complaint is rejected, you are entitled to turn to the competent Conciliation Board located in your place of residence, temporary residence, or registered office, or to the Conciliation Board specified by you in the application. A prerequisite for initiating conciliation board proceedings is that the consumer attempts to settle the dispute directly with the business concerned.

The conciliation board - unless the consumer requests a personal hearing - holds the hearing online, without personal presence, using electronic devices that provide simultaneous audio and video transmission (hereinafter: online hearing).

The business is obliged to cooperate in the conciliation board proceedings, and within this framework, we are obliged to send our written response to the conciliation board within the deadline specified by the conciliation board. 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, the business is obliged to ensure the participation of a person authorized to conclude an agreement at the hearing. At the online hearing, the representative of the business authorized to conclude an agreement is obliged to participate online. If the consumer requests a personal hearing, the representative of the business authorized to conclude an agreement is obliged to participate at least online in the hearing.

The Seller has not made a general declaration of submission to the conciliation board.

Further information about the Conciliation Boards is available here: https://www.bekeltetes.hu

Contact details of the regionally competent Conciliation Boards:

Budapest Conciliation Board Seat: Budapest Jurisdiction: Budapest   Contact: Address: 1016 Budapest, Krisztina krt. 99. I. em. 111. Mailing address: 1253 Budapest, Pf.:10. Phone number: 06-1-488-2131 E-mail: bekelteto.testulet@bkik.hu Website: bekeltet.bkik.hu	Baranya County Conciliation Board Seat: Pécs Jurisdiction: Baranya County, Somogy County, Tolna County   Contact: Address: 7625 Pécs, Majorossy I. u. 36. Phone number: 06-72-507-154 E-mail: info@baranyabekeltetes.hu Website: baranyabekeltetes.hu
Borsod-Abaúj-Zemplén County Conciliation Board Seat: Miskolc Jurisdiction: Borsod-Abaúj-Zemplén County, Heves County, Nógrád County   Contact: Address: 3525 Miskolc, Szentpáli u. 1. Mailing address: 3501 Miskolc, Pf.: 376 Phone number: 06-46-501-091 E-mail: bekeltetes@bokik.hu Website: bekeltetes.borsodmegye.hu	Csongrád-Csanád County Conciliation Board Seat: Szeged Jurisdiction: Békés County, Bács-Kiskun County, Csongrád-Csanád County   Contact: Address: 6721 Szeged, Párizsi krt. 8-12. Phone number: 06-62/549-392 E-mail: bekelteto.testulet@cskik.hu Website: bekeltetes-csongrad.hu
Fejér County Conciliation Board Seat: Székesfehérvár Jurisdiction: Fejér County, Komárom-Esztergom County, Veszprém County   Contact: Address: 8000 Székesfehérvár, Hosszúsétatér 4-6. Phone number:06-22-510-310 E-mail: bekeltetes@fmkik.hu Website: www.bekeltetesfejer.hu	Győr-Moson-Sopron County Conciliation Board Seat: Győr Jurisdiction: Győr-Moson-Sopron County, Vas County, Zala County   Contact information: Address: 9022 Győr, Szent István út 10/a. Phone number: 06-96-520-217 E-mail: bekelteto.testulet@gymsmkik.hu Website: bekeltetesgyor.hu
Hajdú-Bihar County Conciliation Board Seat: Debrecen Jurisdiction: Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County   Contact information: Address: 4025 Debrecen, Vörösmarty u. 13-15. Phone number: 06-52-500-710, +36 52 500 745 E-mail: bekelteto@hbkik.hu Website: hbmbekeltetes.hu	Pest County Conciliation Board Seat: Budapest Jurisdiction: Pest County   Contact information: Address: 1055 Budapest, Balassi Bálint u. 25. IV/2. Phone number: 06-1-792-7881 E-mail: pmbekelteto@pmkik.hu Website: panaszrendezes.hu

Conciliation Board procedure for non-consumers

According to the Consumer Protection Act, for the purposes of the Conciliation Board procedure, a consumer is considered to be:

• a civil organization, ecclesiastical legal entity, condominium, housing cooperative, as defined by a separate law, acting outside its independent occupation and economic activity, which buys, orders, receives, uses, or takes advantage of goods, or is the recipient of commercial communication or an offer related to goods; and
• a micro, small, and medium-sized enterprise (hereinafter collectively: SME) which uses a public service, or purchases, uses, or takes advantage of a product within the framework of retail activity as defined by the Commercial Act, or is the recipient of commercial communication or an offer related to the product;
• a business qualifying as a customer under Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC [hereinafter: Regulation (EU) 2018/302] for the purposes of applying Regulation (EU) 2018/302.

The Conciliation Board is authorized to verify and examine the existence of consumer status. The rules governing the Conciliation Board, as described below, apply to the procedure.

Partial invalidity, code of conduct

If any point of the GTC is legally incomplete or invalid, the other points of the contract shall remain in force, and the provisions of the relevant legislation shall apply instead of the invalid or flawed part.

The Seller does not have a code of conduct as defined by the Act on the Prohibition of Unfair Commercial Practices against Consumers.

Information on the essential characteristics of the Goods

Correction of data entry errors - Responsibility for the veracity of the data provided

During the ordering process, you have the continuous opportunity to modify the data you have entered before finalizing the order (by clicking the back button in the browser, the previous page opens, so the entered data can be corrected even if you have already moved to the next page). We draw your attention to the fact that it is your responsibility to ensure that the data you provide is entered accurately, as the Goods will be invoiced and delivered based on the data you provide. We draw your attention to the fact that an incorrectly provided e-mail address or the mailbox capacity being full may result in the non-delivery of the confirmation and may prevent the conclusion of the contract. If the Buyer finalizes their order and discovers an error in the provided data, they must initiate a modification of their order as soon as possible. The Buyer can signal the modification of an incorrect order to the Seller by sending an email from the email address provided during the order, or by phone call.

Restrictions on purchase

The webshop serves private individuals only.

Using the website

Purchase is not subject to registration.

 

Selecting the Product

By clicking on the product categories on the website, you can select the desired product family, and within that, the individual Goods. By clicking on each Good, you will find a photo of the Good, its article number, description, and price. In case of purchase, you must pay the price displayed on the website.

Adding to cart

After selecting the Good, you can add - any number of - Goods to the cart by clicking the "Add to cart" button without incurring any purchase or payment obligation, as placing an item in the cart does not constitute an offer.

We recommend that you place the Goods in the cart even if you are not sure whether you want to purchase the given Goods, as this will allow you to see at a glance which Goods you have selected at that moment, and you can view and compare them displayed on one screen. The content of the Cart can be freely modified until the order is finalized – until the "Finalize order" button is pressed – any Goods can be removed from the cart, new Goods can be added to the cart, and the desired quantity can be changed.

If you add the selected Good to the Cart, a separate window will pop up with the text "The Good has been added to the cart". If you do not wish to select any more Goods, click on the "Proceed to cart" button! If you want to see the selected Good again, or want to add another Good to the cart, click on the "Back to Good" button!

Viewing the Cart

While using the website, you can check the contents of your cart at any time by clicking on the "View Cart" icon at the top of the page. Here you have the option to remove selected Goods from the cart or change the quantity of the Goods. After clicking the "Update Cart" button, the system will display information corresponding to the data you have changed, including the price of the Goods placed in the cart.
If you do not wish to select and add any more Goods to the cart, you can continue shopping by pressing the "Order" button.

Entering Customer Data

After pressing the "Order" button, the content of the cart will appear, as well as the total purchase price you will have to pay if you purchase the selected Goods. In the "Shipping service" box, you must indicate whether you wish to pick up the ordered Goods in person (personal pickup) or request delivery. In case of delivery, the system will indicate the delivery fee, which you are obliged to pay when ordering.

In the "User data" text box, you can enter your e-mail address, and in the "Billing information" text box, your full name, address, and phone number. In the "Shipping information" text box, the system automatically stores the data provided during "Billing information". If you request delivery to a different address, please uncheck the box. In the "Comments" text box, you can optionally provide additional information.

Reviewing the order

After filling in the above text boxes, you can continue the ordering process by clicking on the "Continue to next step" button, or delete/correct the data entered so far and return to the Cart content by clicking on the "Cancel" button. If you click on the "Continue to next step" button, you will arrive at the "Order review" page. Here you can see a summary of the data you have previously provided, including the content of the Cart, user, billing and shipping data, and the amount you have to pay (you cannot change this data here, only if you click on the "Back" button).

 

Finalizing the order (making an offer)

If you are convinced that the contents of the cart correspond to the Goods you wish to order, and your data is correct, you can finalize your order by clicking the "ORDER" button. The information published on the website does not constitute an offer by the Seller to conclude a contract. In the case of orders falling under the scope of these GTC, you are considered the offeror.

By clicking the "ORDER" button, you expressly acknowledge that your offer must be considered made, and your statement - in case of confirmation by the Seller according to these GTC - entails a payment obligation. The Seller is obliged to immediately confirm receipt of your order to the Buyer electronically. If this confirmation does not reach the Buyer within a reasonable time, depending on the nature of the service, but no later than 48 hours from the sending of the Buyer's order, the Buyer is released from the offer or contractual obligation.

Order processing, conclusion of contract

You have the option to place an order at any time. The Seller will confirm your offer via email no later than 48 hours after your offer has been sent. The contract is concluded when the confirmation email sent by the Seller becomes accessible to you in your email system.

Procedure for unclaimed packages

If the Buyer does not accept the ordered Goods that have been handed over for delivery, and also does not indicate their intention to withdraw from the contract without reason within 14 days, as provided by law, they breach their contract with the Seller, which obliges them to accept the Goods and thereby accept the Seller's performance. In this case, the Seller attempts a redelivery of the Goods, if they can agree on this with the Buyer, but may make the redelivery conditional on the payment of a delivery fee. If the redelivery is unsuccessful, or cannot be agreed upon with the Buyer because the Buyer refuses to cooperate, the Seller is entitled to terminate the contract with the Buyer with immediate effect due to the breach of contract and to enforce the cost of the unsuccessful outward and return delivery as a penalty against the Buyer. The parties accept the use of the email address used by the Buyer when ordering as a form of communication for terminating the contract and stipulate that the time of notification of termination is the time when the termination letter becomes accessible in the Buyer's email account.

Payment methods

Stripe

 

https://stripe.com

 

Teya

https://www.teya.com

Cash on delivery

 

Klarna

https://www.klarna.com

PayPal

 

https://www.paypal.com

 

Pickup methods, pickup fees

GLS courier service

https://gls-group.com/HU/en/home/

GLS parcel locker

https://gls-group.com/HU/en/home/

GLS parcel point

https://gls-group.com/HU/en/home/

Fáma courier

https://famafutar.hu/tracking/

MPL courier service

https://posta.hu/nyomkovetes/nyitooldal

Delivery deadline

In the case of a Buyer qualifying as a consumer, in the absence of a different agreement between the Parties, the Seller is obliged to make the Goods available to the Buyer without delay, but no later than thirty days after the conclusion of the contract.

Based on the above, the general delivery deadline for the order is a maximum of 30 days from the confirmation of the order. The Seller provides information on any different (but not longer than 30 days) delivery deadlines for each shipping method.

In case of delay by the Seller, the Buyer is entitled to proceed against the Seller according to Act V of 2013 on the Civil Code.

Reservation of rights, retention of title

If you have previously ordered Goods but failed to accept them during delivery (excluding cases where you exercised your right of withdrawal), or the Goods were returned to the seller marked as "unclaimed," the Seller may condition the fulfillment of the order on the advance payment of the purchase price and shipping costs.

The Seller may withhold the delivery of the Goods until it is satisfied that the payment for the Goods has been successfully made using the electronic payment solution (including cases where, for Goods paid by bank transfer, the Buyer transfers the purchase price in the currency of their member state, and due to exchange rates, bank commissions, and costs, the Seller does not receive the full amount of the purchase price and shipping fee). If the price of the Goods has not been paid in full, the Seller may request the Buyer to supplement the purchase price.

Sale abroad - prohibition of geo-blocking

The Seller does not differentiate between customers within Hungary and customers within the European Union outside of Hungary in their use of the Website, i.e., it does not restrict customers' access to the website based on their nationality, place of residence, or place of establishment. Unless otherwise provided in these GTC, the Seller ensures the delivery/pickup of ordered Goods within the territory of Hungary.

The language of communication and purchase is primarily Hungarian; the Seller is not obliged to communicate with the customer in the language of the customer's member state.

The Seller is not obliged to comply with extra-contractual requirements related to the affected Goods as defined in the national law of the customer's member state, such as labeling or sector-specific requirements, or to inform the customer about these requirements.

Unless otherwise provided by the Seller, Hungarian VAT applies to all Goods.

The Seller provides non-Hungarian customers with the same delivery options available to Hungarian customers for the delivery of the Goods.

If the customer can request delivery of the Goods to Hungary or any other European Union member state according to the GTC, a non-Hungarian customer can also request this using any shipping method specified in the GTC.

If the customer can choose personal pickup of the Goods from the Seller according to the GTC, a non-Hungarian customer can also do so.

Otherwise, the customer may request to arrange international shipping of the Goods at their own expense. Hungarian customers are not entitled to this right.

The Seller will fulfill the order after payment of the delivery fee. If the customer does not pay the delivery fee to the Seller, or does not arrange their own shipping by the agreed deadline, the Seller will terminate the contract and refund the prepaid purchase price to the customer.

Information on the right of withdrawal for consumer buyers

According to Section 8:1 (1) point 3 of the Civil Code, only a natural person acting outside their profession, independent occupation, or business activity is considered a consumer, so legal entities cannot exercise the right of withdrawal without justification!

Consumers are entitled to the right of withdrawal without justification according to Section 20 of Government Decree 45/2014 (II. 26.). The consumer may exercise their right of withdrawal:

a) In the case of a contract for the sale of goods
aa) of the Goods,
ab) in the case of the sale of several Goods, if the delivery of the individual Goods occurs at different times, of the last delivered Good,
ac) in the case of goods consisting of several items or pieces, of the last delivered item or piece,
ad) if the goods are to be delivered regularly within a specified period, of the first delivery,

within a deadline of 14 calendar days from the date of receipt by the consumer or a third party designated by them, other than the carrier.

The provisions of this point do not affect the consumer's right to exercise their right of withdrawal specified in this point between the date of conclusion of the contract and the date of receipt of the Goods.

If the consumer made an offer to conclude the contract, the consumer has the right to withdraw the offer before the conclusion of the contract, which terminates the offer binding on the conclusion of the contract.

If the Seller did not inform the consumer about the deadline for exercising the right of withdrawal and other conditions (especially those set out in Section 22 of the Government Decree), and about the sample statement as per Annex 2, the aforementioned withdrawal period is extended by 12 months. If the Seller provided the consumer with information regarding the exercise of the right of withdrawal within 12 months after the expiry of the withdrawal period, the period available for withdrawal or termination expires on the 14th day following the communication of this information.

Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses is available here.

Voluntarily assumed withdrawal period

In addition to the provisions of Government Decree 45/2014 (II. 26.), the Seller voluntarily provides additional time for exercising the right of withdrawal, so the total withdrawal period in the webshop is 14 days, which does not exclude the enforcement of withdrawal provided by law.

 

The conditions for applying the voluntarily granted right of withdrawal are identical to the conditions for exercising the right of withdrawal provided by the decree.

 

Declaration of withdrawal, exercise of the consumer's right of withdrawal or termination

The consumer may exercise their right provided for in Section 20 of Government Decree 45/2014 (II. 26.) by means of an unequivocal declaration to that effect, using the sample declaration downloadable from the website or by using the withdrawal function.

The withdrawal function

The withdrawal function is an online declaration of withdrawal in which the consumer may inform the business of their decision to withdraw from the contract, their name, data identifying the contract affected by the withdrawal, and data of the electronic device through which the consumer will receive confirmation of the withdrawal.

The withdrawal function is available on the Website via the "Withdraw from contract" link. The consumer can send the online declaration of withdrawal to the Seller using the confirmation function labeled "Confirm Withdrawal".

The Seller shall send an acknowledgment of receipt to the consumer without undue delay on a durable medium, containing the content of the withdrawal, and the date and time of dispatch.

Validity of the consumer's declaration of withdrawal

The right of withdrawal shall be deemed to have been exercised within the deadline if the consumer sends their declaration within the deadline.

In the case of written withdrawal or termination, it is sufficient to send the declaration of withdrawal or termination within the deadline.

It is the consumer's responsibility to prove that the right of withdrawal was exercised in accordance with this provision.

The Seller is obliged to confirm the consumer's declaration of withdrawal on an electronic data carrier after its receipt.

Seller's obligations in case of consumer withdrawal

Seller's obligation to refund

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the full amount paid by the consumer as consideration, including costs incurred in connection with the performance, such as the shipping fee, within fourteen days of becoming aware of the withdrawal at the latest. Please note that this provision does not apply to additional costs incurred due to choosing a method of transport other than the least expensive standard method of transport.

Method of Seller's refund obligation

In the event of withdrawal or termination in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the amount due to the consumer in the same way as the payment method used by the consumer. Based on the consumer's express consent, the Seller may also use another payment method for the refund, but the consumer may not be charged any additional fee as a result. The Seller shall not be liable for any delay caused by incorrect and/or inaccurate bank account number or postal address provided by the Consumer.

Additional costs

If the consumer expressly chooses a method of transport other than the least expensive standard method of transport, the Seller is not obliged to refund the additional costs arising therefrom. In such a case, our refund obligation exists up to the amount of the general shipping charges indicated.

Right of retention

The Seller may withhold the amount due to the consumer until the consumer has returned the Goods or has unequivocally proved that they have sent them back; the earlier of the two dates shall be taken into account. We are unable to accept consignments sent cash on delivery or freight collect.

Consumer's obligations in case of withdrawal or termination

Return of Goods

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), they are obliged to return the Goods immediately, but no later than fourteen days from the communication of the withdrawal, or to hand them over to the Seller or to a person authorized by the Seller to receive the Goods. The return shall be deemed to have been made within the deadline if the consumer sends the Goods before the expiry of the deadline.

Bearing the direct costs of returning 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 in a business premise and the consumer exercises their right of withdrawal in person in the business premises of the business, they are entitled to return the goods to the business at the same time. If the consumer terminates a contract for the provision of services concluded off-premises or at a distance after the performance has begun, they are obliged to pay the business a fee proportionate to the service performed up to the time of communicating the termination to the business. The amount to be paid proportionately by the consumer shall be determined on the basis of the total amount, including tax, of the consideration stipulated in the contract. If the consumer proves that the total amount determined in this way is excessively high, the proportionate amount shall be calculated on the basis of the market value of the services performed up to the date of termination of the contract. Please note that we are unable to accept Goods returned cash on delivery or freight collect.

Consumer liability for depreciation

The consumer is liable for any depreciation resulting from use exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Goods.

The right of withdrawal cannot be exercised in the following cases

The Seller expressly draws your attention to the fact that you cannot exercise your right of withdrawal in the cases specified in Section 29 (1) of Government Decree 45/2014 (II. 26.):

1. after the complete performance of the service, however, if the contract creates a payment obligation for the consumer, this exception can only be invoked if the performance commenced with the consumer's express prior consent and with the consumer's acknowledgment that they will lose their right of withdrawal as soon as the business has fully performed the contract;
2. in respect of Goods or services the price or fee of which depends on fluctuations in the financial market that cannot be influenced by the business, even within the deadline specified for exercising the right of withdrawal;
3. in the case of non-prefabricated Goods that have been produced on the basis of the consumer's instruction or express request, or in the case of Goods that have been clearly personalized for the consumer;
4. in respect of perishable Goods or Goods that retain their quality for a short period;
5. in respect of sealed Goods that cannot be returned after opening for health protection or hygiene reasons (We warn you that in respect of sealed Goods that cannot be returned after opening for health protection or hygiene reasons, use exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Goods results in the loss of the right of withdrawal.);
6. in respect of Goods which, by their nature, are inseparably mixed with other Goods after delivery;
7. in respect of alcoholic beverages the actual value of which depends on market fluctuations in a way that cannot be influenced by the business, and the price of which was agreed upon by the parties at the time of concluding the sales contract, but the performance of the contract takes place only after the thirtieth day from the conclusion;
8. in the case of a contract for work where the business visits the consumer at the consumer's express request for the purpose of urgent repair or maintenance work;
9. in respect of the sale of sealed audio or video recordings and computer software copies, if the consumer has opened the packaging after delivery;
10. in respect of newspapers, periodicals, and magazines, with the exception of subscription contracts;
11. in the case of contracts concluded at a public auction;
12. in the case of a contract for accommodation services other than for residential purposes, transport, car rental, catering or services related to leisure activities, if a specific date or period of performance is stipulated in the contract;
13. in respect of digital content not provided on a tangible medium, if the Seller has commenced performance with the consumer's express, prior consent and the consumer has, at the same time as this consent, acknowledged that they will lose their right of withdrawal upon commencement of performance, and the business has sent a confirmation to the consumer.

Information on product warranty, accessories warranty, and guarantee regarding the conformity of goods in consumer contracts

This point of the Consumer Information was prepared pursuant to the authorization of Section 11 (5) of Government Decree 45/2014 (II. 26.) and taking into account Annex 3 of Government Decree 45/2014 (II. 26.).

The Consumer Information applies exclusively to Buyers who qualify as consumers; the rules applicable to buyers who are not consumers are set out in a separate chapter.

Requirements for contractual performance in a consumer contract

General requirements for contractual performance in the case of goods sold under a consumer contract

The Goods and the performance must comply with the requirements set out in Government Decree 373/2021 (VI.30.) at the time of performance.

For the performance to be considered contractual, the Goods subject to the contract must

• comply with the description, quantity, quality, and type specified 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 made known to the Seller at the latest at the time of concluding the contract, and which the Seller accepted
• have all accessories specified in the contract, operating instructions - including installation instructions, installation instructions, and customer service support - and
• provide the updates specified in the contract.

For the performance to be considered contractual - furthermore - the Goods subject to the contract must

• be suitable for the purposes prescribed by law, technical standards, or, in the absence of technical standards, the applicable code of conduct for Goods of the same type
• have the quantity, quality, performance, and other characteristics reasonably expected by the Consumer - especially in terms of functionality, compatibility, accessibility, continuity, and security - which are customary for Goods of the same type, taking into account the public statement made by the Seller, its representative or another person involved in the sales chain regarding the specific properties of the Goods - especially in an advertisement or label
• have the accessories and instructions reasonably expected by the consumer - including packaging and installation instructions - and
• correspond to the properties and description of the Goods presented by the business as a sample, model, or made available as a trial version before the conclusion of the contract.

The Goods do not have to comply with the above public statement if the Seller proves that

• they did not know the public statement, and did not have to know it
• the public statement has already been appropriately corrected by the time the contract was concluded or
• the public statement could not have influenced the authorized party's decision to conclude the contract.

Specific requirements for contractual performance in the case of goods containing digital elements

In the case of goods containing digital elements, the Seller must ensure that the consumer receives notification of updates to the digital content of the goods or related digital services - including security updates - which are necessary to maintain the conformity of the goods, and must ensure that the consumer also receives them.

The Seller must make the update available, if the sales contract

• provides for a one-time provision of digital content or digital service, then as reasonably expected by the consumer based on the type and purpose of the goods and digital elements, as well as the specific circumstances and the nature of the contract; or
• provides for the continuous provision of digital content for a specified period, then for a continuous service not exceeding two years, for a period of two years from the performance of the goods.

If the consumer does not install the provided updates within a reasonable period, the Seller is not responsible for the defect of the goods if it results solely from the lack of application of the relevant update, provided that

1. the Seller informed the consumer about the availability of the update and the consequences of the consumer's failure to install it; and
2. the consumer's failure to install the update or the consumer's incorrect installation of the update is not due to a deficiency in the installation instructions provided by the Seller.

Defective performance cannot be established if, at the time of concluding the contract, the consumer received separate information that a specific property of the goods differs from what is described here, and the consumer expressly accepted this deviation at the time of concluding the sales contract.

Requirements for contractual performance in case of sale of digital content sold under a consumer contract

The Seller provides or furnishes the digital content 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 concluding the contract.

The service shall be deemed performed if the digital content or any solution necessary for access to or suitable for downloading it has been delivered to the consumer or to a physical or virtual device selected by the consumer for this purpose.

The Seller must ensure that the consumer receives notification of updates to the digital content - including security updates - which are necessary to maintain the conformity of the digital content or digital service, and that they also receive them.

If the contract provides for the continuous provision of digital content for a specified period, the conformity of the digital content must be ensured throughout the entire duration of the contract.

If the consumer does not install the updates provided by the Seller within a reasonable period, the Seller is not responsible for the defect of the service if it results solely from the lack of application of the relevant update, provided that

• the Seller informed the consumer about the availability of the update and the consequences of the consumer's failure to install it; and
• the consumer's failure to install the update or the consumer's incorrect installation of the update is not due to a deficiency in the installation instructions provided by the Seller.

Defective performance cannot be established if, at the time of concluding the contract, the consumer received separate information that a specific property of the digital content differs from the requirements specified here, and the consumer expressly accepted this deviation at the time of concluding the contract.

The Seller performs defectively if the defect in the digital content service results from its unprofessional integration into the consumer's digital environment, provided that

• the integration of the digital content was carried out by the Seller, or was carried out under the Seller's responsibility; or
• the digital content must be integrated by the consumer, and the unprofessional integration was caused by deficiencies in the integration instructions provided by the Seller.

If the contract provides for the continuous provision of digital content or digital service for a specified period, the Seller is responsible for defects related to the digital content if the defect occurs or becomes recognizable during the period specified in the contract.

If the contract provides for a one-time service or a series of individual service actions, it shall be presumed until proven otherwise that a defect recognized by the consumer within one year from the date of performance already existed at the time of performance. However, the Seller does not perform defectively if they prove that the consumer's digital environment is not compatible with the technical requirements of the digital content or digital service, and informed the consumer of this in a clear and understandable manner before the conclusion of the contract.

The consumer is obliged to cooperate with the Seller in order for the Seller - by using the technically available means that require the least intervention for the consumer - to ascertain whether the cause of the defect is the consumer's digital environment. If the consumer fails to comply with this obligation to cooperate, after the Seller has clearly and understandably informed them of this obligation before the conclusion of the contract, it is the consumer's responsibility to prove that

• a defect recognized within one year after performance already existed at the time of performance, or
• the service affected by a defect recognized during the contractual period was not in conformity with the contract during the period of contractual performance.

Defective performance of a contract for the sale of goods

The Seller performs defectively if the defect of the goods results from their unprofessional installation, provided that

a) the installation is part of the sales contract and was carried out by the Seller, or was carried out under the Seller's responsibility; or

b) the installation had to be carried out by the consumer, and the unprofessional installation was a consequence of deficiencies in the installation instructions provided by the Seller - or, in the case of goods containing digital elements, by the provider of the digital content or digital service.

If, according to the sales contract, the seller installs the goods, or the installation takes place under the seller's responsibility, the performance shall be considered completed by the seller when the installation has been finished.

In the case of goods with digital elements, if the sales contract provides for the continuous provision of digital content or digital service for a specified period, the Seller shall be liable for defects in the digital content of the goods if the defect occurs or becomes apparent within two years of the performance of the goods in the case of continuous service not exceeding two years; or during the entire period of continuous service in the case of continuous service exceeding two years.

Warranty of conformity

In what cases can you exercise your right to a warranty of conformity?

In the event of defective performance by the Seller, you may assert a claim for a warranty of conformity against the Seller in accordance with the Civil Code and, in the case of consumer contracts, Government Decree 373/2021 (VI.30.).

What rights do you have based on your claim for a warranty of conformity?

You may, at your option, assert the following claims for a warranty of conformity:

You may request repair or replacement, unless the fulfillment of your chosen claim is impossible or would involve disproportionate additional costs for the Seller compared to the fulfillment of another claim. If you have not requested or could not request repair or replacement, you may request a proportionate reduction of the consideration or, as a last resort, withdraw from the contract.

You may switch from one chosen warranty right to another, but you shall bear the cost of the switch, unless it was justified or the Seller gave cause for it.

In the case of a consumer contract, it shall be presumed, unless proven otherwise, that a defect discovered within one year of the performance of the goods and goods with digital elements already existed at the time of performance, unless this presumption is incompatible with the nature of the goods or the nature of the defect.

The Seller may refuse to bring the goods into conformity if repair or replacement is impossible, or if it would result in disproportionate additional costs for the Seller, taking into account all circumstances, including the value of the goods in their flawless state, and the seriousness of the breach of contract.

The consumer is also entitled to demand a proportionate reduction of the consideration, or to terminate the sales contract, in proportion to the seriousness of the breach, if

• the Seller has not carried out the repair or replacement, or has carried it out but has not fulfilled, in whole or in part, the following conditions:
  • the Seller must ensure the return of the replaced goods at its own expense
  • if the repair or replacement requires the removal of goods that were installed in accordance with the nature and purpose of the goods – before the defect became apparent – then the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the replacement or repaired goods, or bearing the costs of removal or installation.
• the Seller refused to bring the goods into conformity
• a repeated performance defect occurred despite the Seller's attempt to bring the goods into conformity
• the defect in performance is so serious that it justifies an immediate price reduction or immediate termination of the sales contract, or
• the Seller has not undertaken to bring the goods into conformity, or it is clear from the circumstances that the business 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 citing defective performance, the burden of proving that the defect is minor shall rest with the Seller.

The Consumer is entitled to withhold the remaining part of the purchase price - commensurate with the seriousness of the breach - in part or in full until the Seller fulfills its obligations regarding the conformity of performance and defective performance.

The generally applicable rule is that:

• the Seller must ensure the return of the replaced goods at its own expense
• if the repair or replacement requires the removal of goods that were installed in accordance with the nature and purpose of the goods – before the defect became apparent – then the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the replacement or repaired goods, or bearing the costs of removal or installation.

The reasonable period for carrying out the repair or replacement of the Goods shall be calculated from the date on which the Consumer notified the defect to the business.

The consumer must make the Goods available to the business for the purpose of repair or replacement.

The reduction of the consideration is proportionate if its amount is equal to the difference between the value of the goods that the Consumer would have received in the event of conforming performance and the value of the goods actually received by the Consumer.

The consumer's right to warranty of conformity for the termination of a sales contract may be exercised by a legal statement addressed to the Seller expressing the decision to terminate.

If the defective performance affects only a specific part of the goods supplied under the sales contract, and the conditions for exercising the right to terminate the contract exist with respect to those, the Consumer may terminate the sales contract only with respect to the defective goods, but may also terminate it with respect to any other goods acquired with them, if it cannot reasonably be expected of the Consumer to retain only the conforming goods.

If the Consumer terminates the sales contract in its entirety or with respect to a part of the goods supplied under the sales contract, then

• the Consumer must return the affected goods to the Seller at the Seller's expense and
• the Seller must immediately refund to the Consumer the purchase price paid for the affected goods as soon as the goods or the proof of return of the goods has been received.

The Seller shall draw up a record of the warranty claim reported by the consumer and shall immediately provide a verifiable copy thereof to the consumer.

If the Seller cannot make a statement about the feasibility of the consumer's warranty claim at the time of its notification, it must inform the consumer of its position – including the reasons for rejection if the claim is rejected and the possibility of recourse to the conciliation body – within 8 days in a verifiable manner.

The Seller must endeavor to carry out the repair or replacement within a maximum of fifteen days. If the duration of the repair or replacement exceeds fifteen days, the Seller must inform the consumer of the expected duration of the repair or replacement.

Within what period can you assert your claim for a warranty of conformity?

You are obliged to report the defect immediately after its discovery. A defect reported within two months of its discovery shall be considered reported without delay. However, please note that you can no longer assert your rights to a warranty of conformity after the two-year limitation period from the performance of the contract.

The part of the repair time during which the Buyer cannot use the Goods as intended shall not be included in the limitation period.

The limitation period for the warranty of conformity claim begins anew for the part of the Goods affected by replacement or repair. This rule also applies if a new defect arises as a result of the repair.

Against whom can you assert your claim for a warranty of conformity?

You can assert your claim for a warranty of conformity against the Seller.

What other conditions are there for asserting your rights to a warranty of conformity?

Within one year of performance, there are no other conditions for asserting your warranty of conformity claim beyond reporting the defect, if you prove that the Goods were provided by the Seller. However, after one year from performance, you are obliged to prove that the defect you discovered already existed at the time of performance.

Specific rules for warranty of conformity claims in the case of digital content services

The consumer is also entitled to demand a proportionate reduction of the consideration, or to terminate the contract for the provision of digital content, in proportion to the seriousness of the breach, if

1. repair or replacement is impossible or would result in disproportionate additional costs for the Seller;
2. the Seller, when exercising the right to a warranty of conformity for repair or replacement, fails to bring the performance into conformity free of charge within a reasonable time from the consumer's notification of the defect, without significant inconvenience to the consumer, taking into account the nature and purpose of the digital content or digital service;
3. a repeated performance defect has occurred, despite the business attempting to bring the goods into conformity;
4. the defect in performance is so serious that it justifies an immediate price reduction or immediate termination of the contract; or
5. the Seller has not undertaken to bring the service into conformity, or it is clear from the circumstances that the business will not bring the service into conformity within a reasonable time or without significant detriment to the consumer.

When exercising the right to a warranty of conformity for repair or replacement, the Seller is obliged to bring the performance into conformity free of charge within a reasonable time from the consumer's notification of the defect, without significant inconvenience to the consumer, taking into account the nature and purpose of the digital content or digital service.

When exercising the right to a warranty of conformity for repair or replacement, depending on the technical characteristics of the digital content, the Seller may choose the method of bringing the digital content into conformity.

The reduction of the consideration is proportionate if its amount is equal to the difference between the value that the consumer would have received in the case of conforming performance and the value of the service actually provided to the consumer.

If the contract provides for continuous service provided for a specified period, the proportionate reduction of the consideration must apply to the period during which the service was not conforming.

If the consumer wishes to terminate the contract citing defective performance, the burden of proving that the defect is minor shall rest with the Seller.

If the Seller provides digital content or undertakes to do so, and the consumer provides only personal data or undertakes to provide such data to the Seller, the consumer is entitled to terminate the contract even in the event of an insignificant defect, but cannot claim a proportionate reduction of the consideration.

The consumer's right to a warranty of conformity for the termination of a contract may be exercised by a legal statement addressed to the Seller expressing the decision to terminate.

If the Seller does not perform, the consumer must call on the Seller to perform. If, despite the consumer's call, the Seller fails to provide or supply the digital content without delay or within an additional period agreed by the parties, the consumer may terminate the contract.

The consumer may terminate the contract without calling on the Seller to perform if

• the Seller has not undertaken to provide the digital content, or it is clear from the circumstances that it will not provide the digital content; or
• based on the agreement of the parties or the circumstances of the contract, it is clear that performance at a specified time is essential for the consumer, and the Seller fails to do so.

In case of termination of the contract, the Seller is obliged to refund the full amount paid by the consumer as consideration.

However, if the performance was conforming for a specified period before the termination of the contract, the consideration due for this period does not have to be refunded. In the latter case, the part of the consideration that relates to the period of non-conforming performance must be refunded, as well as the consideration paid in advance by the consumer that would have been due for the remaining term of the contract if the contract had not been terminated.

If the consumer is entitled to a proportionate reduction of the consideration or termination of the contract, the Seller must fulfill its refund obligation immediately, but no later than fourteen days from the date of becoming aware of the exercise of this right.

The business shall refund the amount due to the consumer in the same payment method as used by the consumer. Based on the express consent of the consumer, the Seller may also use another payment method for the refund, but the consumer shall not incur any additional charges as a result.

The costs associated with the refund shall be borne by the Seller.

In case of termination of the contract, the Seller may prevent the consumer from further using the digital content, in particular, it may make the digital content or digital service inaccessible to the consumer, or block the consumer's user account.

In case of termination of the contract, the consumer is obliged to refrain from using the digital content and from making it available to third parties.

If the digital content was provided on a physical medium, the consumer is obliged to return the physical medium without delay at the Seller's expense, upon the Seller's request communicated within fourteen days of becoming aware of the termination.

The consumer is obliged to pay a fee proportionate to the conforming service for the use of the digital content for the period preceding the termination of the contract.

Product Liability

In what cases can you exercise your right to product liability?

In the event of a defect in a movable item (Goods), you may assert a claim for a warranty of conformity or a claim for product liability, at your option, in accordance with the provisions of the Civil Code.

What rights do you have based on your product liability claim?

As a product liability claim, you may request the repair or replacement of the defective Goods.

When are the Goods considered defective?

The goods are defective if they do not meet the quality requirements effective at the time of their placement on the market, or if they do not possess the properties described by the manufacturer.

Within what period can you assert your product liability claim?

You can assert your product liability claim within two years of the Goods being placed on the market by the manufacturer. After this deadline, you lose this right.

Against whom can you assert your product liability claim?

You can exercise your product liability rights against the producer or distributor of the product (hereinafter collectively referred to as: manufacturer).

What rules of proof apply when asserting a product liability claim?

When asserting a product liability claim, you must prove that the product defect existed at the time of its placement on the market by the manufacturer.

In what cases is the manufacturer exempt from its product liability obligations?