Privacy Policy
PROVIDER (SELLER, BUSINESS) DETAILS
Name: RibstoreNet Marine Kft.
Registered office: 1037 Budapest, Bojtár utca 58-62.
Address for correspondence: 1037 Budapest, Bojtár utca 58-62.
Registering authority: Pest megyei Bíróság
Company registration number: 01-09-923824
Tax number: 14870356-2-41
Representative: László Takáts
Telephone number: +36 1 4452001
E-mail: hello@ribstore.net
Website: www.ribstore.net
Bank account number: 10918001-00000068-66090009 (HUF)
IBAN: HU48109180010000006866090009
Registration number: NAIH-115047/2017
DEFINITIONS
- Parties: Seller and Buyer jointly and severally
- Consumer: a natural person acting outside his/her trade, profession, self-employed occupation or business
- Consumer contract: a contract to which one of the parties is a consumer
- Website: http://www.ribstore.net website which is a means of distance communication
- Contract: a contract of sale concluded between a Seller and a Buyer using the Website and electronic mail
Remote means of distance communication: a means of making a contractual statement in the absence of the parties for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in the press with order forms, catalogues, telephones, faxes and Internet access
'Distance contract' means a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only in order to conclude the contract
Product: any marketable movable good included in the offer of the Website, placed on the Website and intended for sale, which is the subject of the Contract
Business: a person acting in the course of his trade, profession, self-employed occupation or business
Buyer (you): the person who enters into a contract by making an offer to purchase via the Website
In the case of contracts concluded between a consumer and a business (hereinafter referred to as "consumer contracts"), "warranty" means the mandatory warranty provided for in the Civil Code and in specific legislation on consumer contracts
APPLICABLE LAW
In particular, the following legislation shall apply to the Contract:
- 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 (CC); Government Decree 151/2003 (IX.22.) on the mandatory warranty for certain consumer durables; Government Decree 45/2014 (II.26) on the detailed rules of contracts between consumers and businesses;
- 19/2014 (IV. 29.) NGM.
Scope, adoption and amendment of the GTC:
In addition to the provisions of the applicable mandatory legislation, the content of the contract is governed by these General Terms and Conditions (hereinafter referred to as "GTC") and by the additional information on the website. Accordingly, the present GTC contain the rights and obligations of the Seller and the Buyer, the conditions for the conclusion of the contract, the time limits for performance, the delivery and payment terms, the liability rules and the conditions for exercising the right of withdrawal.
The Buyer shall be obliged to acquaint himself with the provisions of these GTC before finalising his order. By making a purchase through our webshop, the Customer accepts the provisions of these GTC and the GTC shall form an integral part of the contract between the Customer and the Seller.
The Seller shall be entitled to amend, modify or change the provisions of the GTC within the limits of the applicable legislation. The Seller shall publish a notice of any amendment to the GTC on the Website at least 15 (fifteen) days before it enters into force. Please read the provisions of the GTC before each purchase.
The amendment of the GTC shall apply to all legal relationships previously entered into but not yet performed or terminated between the Seller and the Buyer and the legal relationships between them shall be amended accordingly, provided that the Buyer has accepted the amendment. The T&Cs shall be deemed to be accepted by the Buyer and consequently the legal relationship between the Seller and the Buyer shall be modified accordingly from the date of the modification, unless the Buyer continues to use the Service after the modification has come into force or the Buyer has expressly declared in writing to the Seller within 8 (eight) days after the modification has been published on the Website that it does not accept the modification.
If the Buyer does not accept the proposed modification, the Seller shall be entitled to unilaterally terminate the legal relationship between the parties with immediate effect by cancelling the Buyer's registration or to maintain the legal relationship in force unchanged prior to the modification of the GTC.
CONTRACT LANGUAGE, FORM OF CONTRACT
The language of the contracts covered by these GTC shall be Hungarian and English.
Contracts covered by these GTC are not written contracts and are not registered by the Seller.
DISCLAIMER
Prices are in Euro or HUF according to the currency indicated, gross prices include 27% VAT but exclude the cost of delivery. Delivery costs are subject to separate negotiation in each case.
Prices are indicative and subject to change without notice.
COMPLAINTS AND REDRESS PROCEDURES
The Buyer may submit consumer complaints about the product or the Seller's activities to the following contact details:
- 1037 Budapest, Bojtár u 58-62.
- 1010 10árár, Bytár Street, Hungary +36 1 445 2001
- Internet address: www.ribstore.net
- E-mail: hello@ribstore.net
The Seller shall endeavour to make the repair or replacement within a maximum of fifteen days. If the consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint, the Seller shall immediately take a record of the complaint and its position and provide a copy to the consumer or send it by email. The Seller shall keep a record of the consumer's reported claim and take delivery of the product in the event of a warranty problem, certified by a receipt.
In the event that any consumer dispute between the Seller and the consumer is not settled during the negotiations, the following enforcement options are open to the consumer:
REGISTRATION IN THE BUYERS' REGISTER
The Buyers' Book is available at the Seller's premises at Bojtár u 58-62, 1037 Budapest, Budapest. The Seller will reply in writing within 30 days to the entries written here.
COMPLAINTS TO THE CONSUMER PROTECTION AUTHORITY
If the Buyer detects a violation of his/her consumer rights, he/she has the right to lodge a complaint with the consumer protection authority of his/her place of residence. Once the complaint has been examined, the authority will decide whether to initiate consumer protection proceedings. The first level consumer protection authority is the district office competent for the consumer's place of residence, a list of which can be found here: http://jarasinfo.gov.hu/
JUDICIAL PROCEDURE
The buyer is entitled to enforce his/her claims arising from consumer disputes before the courts in civil proceedings under Act V of 2013 on the Civil Code and Act III of 1952 on the Code of Civil Procedure.
The buyer may lodge a consumer complaint against us. If the Customer's consumer complaint is rejected, the Customer may also apply to the Conciliation Board of the place where the Customer resides or is domiciled: the initiation of the conciliation procedure of the Conciliation Board is subject to the consumer's direct attempt to settle the dispute with the business concerned. The conciliation body designated in the consumer's request is competent to take action instead of the competent body, at the consumer's request.
The conciliation body shall be competent to settle consumer disputes out of court. The conciliation body's task is to try to reach an agreement between the parties with a view to settling the consumer dispute and, if this is not successful, to rule on the case in order to ensure that consumer rights are enforced in a simple, rapid, efficient and inexpensive manner. The conciliation body shall, at the request of the consumer or the business, advise on the rights and obligations of the consumer.
The conciliation panel shall act at the request of the consumer. The request must be made in writing to the chairman of the conciliation panel: the requirement of written form may be met by letter, telegram, telex, telefax or any other means which permits the recipient to store the data addressed to him permanently for a period of time adequate for the purposes for which the data were intended and to display the data stored in an unchanged form and content.
The application must include:
a. the name, address or place of residence of the consumer,
b. the name, registered office or place of business of the undertaking involved in the consumer dispute,
c. if the consumer has applied for the jurisdiction of the competent conciliation body, the name of the body applied for instead of the competent conciliation body,
d. a brief description of the consumer's position, the facts in support of it and the evidence in support of it,
e. a statement by the consumer that the consumer has attempted to resolve the dispute directly with the undertaking concerned
f. a statement by the consumer that he has not initiated proceedings before any other conciliation body, that no mediation procedure has been initiated, that no application for a statement of claim has been lodged or that no application for an order for payment has been presented,
g. a motion for a decision of the panel,
h. the signature of the consumer.
The application shall be accompanied by the document or a copy (extract) of the document to the content of which the consumer refers as evidence, in particular a written statement by the undertaking rejecting the complaint or, failing this, any other written evidence available to the consumer that the required conciliation has been attempted.
If the consumer acts through an authorised representative, the authorisation shall be attached to the application.
More information on the Conciliation Boards is available at: http://www.bekeltetes.hu
For more information on the territorially competent Conciliation Bodies, see: http://www.bekeltetes.hu/index.php?id=testuletek
ONLINE DISPUTE RESOLUTION PLATFORM
The European Commission has set up a website where consumers can register to settle their online shopping disputes by filling in an application form and avoiding court proceedings. This will allow consumers to enforce their rights without, for example, being prevented by distance.
If a Buyer wants to make a complaint about a product or service bought online and does not necessarily want to go to court, they can use the online dispute resolution tool.
On the portal, the Buyer and the trader against whom he has made a complaint can jointly choose the dispute resolution body they want to entrust with handling the complaint.
The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
AUTHOR'S RIGHTS
Pursuant to Section 1 (1) of Act LXXVI of 1999 on Copyright (hereinafter: the Copyright Act), the website is a copyright work, and therefore all parts of it are protected by copyright.
By registering and accepting the GTC, the Buyer acknowledges that the Seller may, without notice, remove any content, material or link to material that the Seller, in its sole discretion, deems to be unlawful or infringing another's moral rights, unfair, threatening, libellous, defamatory, defamatory, obscene or otherwise objectionable, or which infringes or violates the intellectual property rights, copyright, neighbouring rights or other proprietary rights of the Seller or any Third Party.
The Seller shall promptly sanction, in the manner it deems most appropriate, any unlawful or unauthorized activity against the Website Services, which may include, but are not limited to:
a) modification, adaptation, reverse engineering of any part of the Service
b) unauthorised access or attempted access to the Seller's computer systems
(c) collecting information from other users for unauthorised purposes (including usernames and/or e-mail addresses)
d) reformatting or editing any part of the Website
(e) the creation of user identities by automated means or by fraudulent or dishonest subterfuge
(f) making available any material that infringes, misappropriates or violates any other party's or Third Party's intellectual property, publicity, privacy or other proprietary rights
(g) posting or transmitting viruses, worms, bugs, Trojan horses or any other destructive elements
(h) making available any material that is unlawful or encourages or promotes unlawful activity
The Seller reserves the right to cancel without further notice the registration of any Buyer who misuses the name, likeness, e-mail address or other personal data or information of any other person, in particular if the content displayed by the Buyer through the website
a) infringes a trademark
(b) the name of a public figure, a well-known person, whether contemporary or historical, Hungarian or foreign, unless it is the registered name of the User
c) a name that is prejudicial to the legitimate and reasonable interests of another person
(d) obscene or profane language
(e) racist, abusive or insulting language or conduct of a racial, religious, national, ethnic, sexual, political or philosophical nature
(f) may be considered to be an implied or overt form of advertising.
PARTIAL INVALIDITY, CODE OF CONDUCT
If a clause of the GTC is legally defective or ineffective, the remaining clauses of the contract remain in force and the ineffective or defective clause is replaced by the applicable provisions.
The Seller does not have a code of conduct under the Unfair Commercial Practices Act.
OPERATION OF DIGITAL CONTENT, TECHNICAL PROTECTION MEASURES
The availability of the servers providing the data displayed on the website is above 99.9% per year. The entire data content is backed up regularly so that the original data content can be restored in the event of a problem. Sensitive data is stored with an appropriate level of encryption, encrypted using hardware support built into the processor.
INFORMATION ON ESSENTIAL PRODUCT CHARACTERISTICS
Information about the essential characteristics of the products available for purchase on the website is provided in the descriptions of each product. The information on the product page is for information purposes only! The pictures are occasionally illustrations, the colours may not always correspond to reality!
CORRECTION OF DATA INPUT ERRORS - Responsibility for the accuracy of the information provided
Please note that it is the Buyer's responsibility to ensure that the data provided by the Buyer is entered accurately, as the product will be invoiced and delivered based on the data provided by the Buyer. By placing an order, the Buyer acknowledges that the Seller is entitled to charge the Buyer for all damages and costs resulting from the incorrect entry of data by the Buyer, or from inaccurately provided data. The Seller excludes any liability for performance based on inaccurate data entry. An incorrectly entered e-mail address or a saturation of the storage space associated with the mailbox may result in non-delivery of the confirmation and prevent the conclusion of the contract.
PROCEDURE IN CASE OF INCORRECT PRICE
It may happen that, for example due to a technical error, an incorrect price is displayed on the website. In the case of an incorrect price, we are not in a position to accept the order (the Customer's offer) at the incorrect price and we are not obliged to sell the product at the incorrect price. In the event of an incorrect price offer, no contract will be concluded between us. If the Buyer makes an offer at an incorrect price, the system will automatically confirm it, but this does not constitute acceptance of the offer by us. If the Buyer makes an offer (order) at an incorrect price, the Seller's representative will draw the Buyer's attention to the correct price and may offer to conclude a contract at the correct price. The Buyer shall not be obliged to make an offer and enter into a contract at the correct price communicated by the Seller instead of the incorrect price. In this case, no contract shall be concluded between the parties.
USE OF WEBSITE
Selecting the Product
By clicking on the product categories on the website, you can select the desired product range and the individual products within it. Click on each product to find a photo, a description and a preliminary price estimate of the product. If the Buyer is interested in the product, it is possible to request a quotation after saving the configuration. The Buyer must pay the price indicated in the quotation sent by the Seller. The Buyer is under no obligation to purchase by requesting a quotation. Products are marked with an illustrated photograph. The accessories and decorative elements shown in the photographs are not part of the product unless specifically highlighted in the product description. Please note that we cannot be held responsible for any typographical errors or incorrect information!
DELIVERY
The delivery address must be provided when requesting delivery. The cost of this will be indicated in the offer.
UPDATE
After the acceptance of the offer, the conclusion of the contract and the acceptance of the goods will be subject to individual agreement. The method of payment and the deadline are specified in the contract (outside the framework of the website).
TERMINATION AND CANCELLATION OF REGISTRATION
The Buyer may cancel his registration at any time, thereby terminating the service relationship with the Seller at any time. Upon termination of the registration, the service relationship provided by the Seller shall be terminated.
The Seller may remove any registered Buyer from its register if the registered Buyer is proven to be engaged in harmful activities that are offensive to the Website. The Seller may, in order to ensure the uninterrupted use by other Buyers, in the event of such activity, bring criminal charges within the framework of the legal rules and may also claim damages from those who are proven to have engaged in illegal conduct.
In the event of the death of the Buyer, a close relative or legal representative may request the cancellation of the registration by presenting the necessary documents.
The registration shall be cancelled upon the complete cessation of the service provided by the Seller on the Website or upon the dissolution of the Company without legal succession.
RESERVATION OF RIGHTS, RESERVATION OF TITLE
Some products on our website may have ceased to be manufactured. In this regard, we reserve the right to refuse all or part of orders already confirmed. Partial fulfilment may only take place after consultation with the Buyer. In the event of advance payment of the purchase price of the product, the amount will be refunded to the Buyer within 5 working days.
DATA MANAGEMENT INFORMATION
Name, contact details of the Data Controller
Name of the data controller: RibstoreNet Marine Kft.
Address of the Data Controller.
E-mail address of the Data Controller: hello@ribstore.net
Phone number of the data controller: +36 1 445 2001
Website: http://www.ribstorebudapest.hu
Information on the use of cookies
What is a cookie?
The Data Controller uses so-called cookies when you visit the website. A cookie is a set of information consisting of letters and numbers that our website sends to your browser in order to save certain settings, facilitate the use of our website and help us to collect some relevant statistical information about our visitors. Cookies do not contain any personal information and are not used to identify an individual user. Cookies often contain a unique identifier - a secret, randomly generated sequence of numbers - that is stored on your device. Some cookies are deleted after you close the website, and some are stored on your computer for a longer period of time.
Legal background and legal basis for cookies:
The legal basis for data processing is Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information (Infotv.) and Act CVIII of 2001 on Certain Aspects of Electronic Commerce Services and Information Society Services. The data processing is based on the Customer's consent in accordance with Article 5(1)(a) of the Privacy Act.
If the Customer does not accept the use of cookies, certain functions will not be available to the Customer. For more information on how to delete cookies, please click on the links below:
- Firefox: https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer
- Chrome: https://support.google.com/chrome/answer/95647?hl=en
Data processing in relation to ordering and billing
Legal background and legal basis for data processing:
The background for data processing is provided by the provisions of Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information (Infotv.) and Act C of 2000 on Accounting (Sztv.). The legal basis for data processing is the provisions of Act C of 2000 on Accounting (Sztv.). In accordance with Article 5 (1) (a) of the Data Protection Act, the data processing is based on your consent and - in case of withdrawal of consent - on the fulfilment of the legal obligation of the Data Controller under Article 6 (5) (a) of the Data Protection Act.
The personal data may be accessed primarily by the Company or its internal employees, will not be disclosed, will not be disclosed to third parties and will only be used for the purposes set out in the Policy.
In the operation of the Company's IT system, the Company may use a data processor (e.g. system operator, system administrator).
The Company has the right to transfer users' personal data to its subcontractors. The Company has carefully selected its partners, who are obliged to handle confidential data that they become aware of in the course of performing their duties and providing their services, in accordance with the law and the Code.
Purpose of data processing:
To issue invoices in accordance with the law and to fulfil the obligation to keep accounting records. Pursuant to Article 169 (1) to (2) of the Act, companies are required to keep accounting documents that directly and indirectly support the accounting.
Scope of data processed:
Name, address, e-mail address, telephone number, company name, tax number.
Duration of data processing:
Invoices issued must be kept for 8 years from the date of issue of the invoice in accordance with Article 169 (2) of the State Act. Please be informed that if you withdraw your consent to the issuing of an invoice, the Data Controller is entitled to retain your personal data obtained during the issuing of the invoice for 8 years pursuant to Article 6(5)(a) of the Information Act.
Data processing related to the transport of goods
Legal background and legal basis for data processing:
The legal basis for data processing is the provisions of Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information (Infotv.). In accordance with Article 5 (1) (a) of the Privacy Act.
The purpose of data processing:
In the case of the delivery of goods, the purpose of the processing is to deliver the ordered goods to the Customer, with the assistance of our contractual partner, in accordance with the Customer's requirements.
Scope of the data processed:
Name, address, e-mail address, telephone number.
Duration of data processing:
The Data Controller processes the data for the duration of the delivery of the ordered goods.
Data processing in relation to the sending of the newsletter
Legal basis and legal basis of the processing:
The legal basis for data processing is Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information (Infotv.) and Act XLVIII of 2008 on the Basic Conditions and Certain Restrictions of Economic Advertising Activities (Grt.). Article 5 (1) a) and the provisions of the Grt. 6(1) to (2) of the GDPR.
The purpose of the processing:
The purpose of processing the data is to inform you about the latest and best offers and promotions. We inform you that in the newsletter we place advertisements not only of the Data Controller but also of other companies, but we do not transmit or transfer the Customer's personal data to them.
Scope of the data processed:
Name, address, e-mail address, telephone number.
The duration of the processing:
Until the withdrawal of the data subject's consent.
Other data processing
If the Data Controller intends to carry out further processing, it will provide prior information on the essential circumstances of the processing (legal background and legal basis of the processing, purpose of the processing, scope of the data processed, duration of the processing).
The Customer is informed that written requests for data from public authorities based on a legal mandate must be complied with by the Data Controller. The Data Controller shall keep records of data transfers in accordance with Article 15 (2) - (3) of the Data Protection Act (to which authority, what personal data, on what legal basis, when the Data Controller transferred the data), the content of which the Data Controller shall provide information on request, unless the provision of information is excluded by law.
Data security measures
The Data Controller declares that it has implemented appropriate security measures to protect personal data against unauthorised access, alteration, disclosure, transmission, disclosure, erasure or destruction and against accidental destruction or accidental damage and inaccessibility resulting from changes in the technology used.
THE RIGHTS AND REMEDIES AVAILABLE TO THE CUSTOMER DURING THE PROCESSING
Rights of the Buyer in relation to data processing
The Customer has the right to the following rights during the period of processing:
- the right to information,
- the right to rectification of the data,
- the right to obtain information, the right to rectification of the data, the right to rectification of the data, the right to erasure of the data,
- the right to obtain the rectification of the data, the right to obtain the erasure of the data,
- the right to object.
The Customer may request information from the Controller about the processing of his/her personal data within the period of processing. The Controller shall inform the Buyer in writing, in an intelligible form, of the data processed, the purposes, legal basis and duration of the processing, as well as, where the data have been further processed, the persons to whom and for what purposes the data are or have been disclosed, as soon as possible after the request, but not later than 25 days.
Within the period of processing, the Customer may request the Controller to rectify his personal data. The Controller shall comply with the request within 15 days at the latest.
The Customer may request the erasure of his personal data, which the Controller shall comply with within 15 days at the latest. The right of erasure does not apply if the Controller is obliged by law to further store the data or in cases where the Controller is entitled to further process the personal data (e.g. in connection with invoicing) in accordance with Article 6(5) of the Infotv.
The Customer may request the Controller to block the personal data if the final deletion of the data would harm the legitimate interests of the data subject. Personal data blocked in this way may be processed only for as long as the purpose which precluded the deletion of the personal data continues to exist.
The customer may object to the processing of his personal data,
- if the processing or transfer of the personal data is necessary solely for compliance with a legal obligation to which the Controller is subject or for the purposes of the legitimate interests pursued by the Controller, the data importer or a third party, except in the case of mandatory processing and in the case provided for in Article 6(5) of the Information Act;
- if the personal data is used or transmitted without the consent of the Customer for direct marketing, public opinion polling or scientific research.
The Data Controller shall examine the objection within the shortest possible period of time from the submission of the request, but not later than 15 days, shall decide on its validity and shall inform the Buyer in writing of its decision. Where the controller does not comply with the data subject's request for rectification, blocking or erasure, it shall, within 25 days of receipt of the request, communicate in writing or, with the data subject's consent, by electronic means, the factual and legal grounds for refusing the request for rectification, blocking or erasure.
Remedies
If the Customer considers that the Data Controller has violated a legal provision applicable to data processing or has failed to comply with a request, the Customer may initiate an investigation procedure with the National Authority for Data Protection and Freedom of Information (postal address: 1530 Budapest, PO Box 5, e-mail: ugyfelszolgalat@naih.hu) in order to terminate the alleged unlawful processing.
You are also informed that you may take legal action against the Data Controller in case of violation of the legal provisions on data processing or if the Data Controller has not complied with any of your requests.
WARRANTY, PRODUCT WARRANTY, GUARANTEE
This section of the consumer information has been prepared on the basis of the authorisation of Article 9(3) of Government Decree 45/2014 (II.26.), using Annex 3 of Government Decree 45/2014 (II.26.).
Warranty
In which cases can you exercise your right to a warranty of accessories?
In the event of defective performance by the Seller, you may claim a warranty of conformity from the Seller in accordance with the rules of the Civil Code.
What rights do you have under your claim for a guarantee?
The Buyer may - at his choice - make the following claims:
It may request repair or replacement, unless the remedy chosen by the Buyer is impossible or would involve disproportionate additional costs for the Seller compared to any other remedy. If you have not requested or could not request the repair or replacement, you may request a proportionate reduction in the price or you may have the defect repaired or replaced at the Seller's expense or, as a last resort, you may withdraw from the contract.
You may transfer your right of warranty of choice to another, but the cost of such transfer shall be borne by the Buyer, unless it was justified or the Seller has given a reason for it.
What is the time limit for the Buyer to exercise his right to a warranty claim?
The Buyer must give notice of the defect immediately after its discovery, but not later than two months after the discovery of the defect. Please note, however, that you cannot claim for any damages beyond the two-year limitation period from the date of performance of the contract.
Who can you claim against?
The Buyer may enforce his warranty claims against the Seller.
What other conditions are there for the enforcement of the seller's rights?
Within six months from the date of performance, there are no conditions for enforcing a claim other than the notification of the defect if the Buyer proves that the goods or services were provided by the Seller. However, after six months from the date of performance, the Buyer must prove that the defect discovered by the Buyer existed at the time of performance.
Product Warranty
In which cases can the Buyer exercise his right to a product warranty?
In the event of a defect in a movable good (product), the Customer may, at his option, either claim under the warranty of the accessories or under the product warranty.
What rights does the Buyer have under a product warranty claim?
As a product warranty claim, the Customer may only request the repair or replacement of the defective product.
In what cases is the product defective?
A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.
What is the deadline for the Customer to claim under the product warranty?
The Customer has two years from the date on which the product was placed on the market by the manufacturer to make a product warranty claim. Once this period has expired, he loses this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You can only exercise your product warranty rights against the manufacturer or distributor of the movable good. It is for the Buyer to prove that the product is defective in order to make a product warranty claim.
In which cases is the manufacturer (distributor) exempted from his product warranty obligation?
The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:
- the product was not manufactured or put into circulation in the course of his business, or
- the defect was not detectable according to the state of science and technology at the time when the product was placed on the market, or
- the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority.
The manufacturer (distributor) need only prove one ground for exemption.
Please note that you cannot claim both a warranty for accessories and a product warranty for the same defect at the same time. However, if your product warranty claim is successful, you may pursue your accessories warranty claim against the manufacturer for the replaced product or repaired part.
Warranty
In which cases can the Customer exercise his right to a warranty?
In the event of defective performance, the debtor is contractually obliged to provide a guarantee.
What are the buyer's rights under the guarantee and within what time limits?
Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain consumer durables defines the cases of mandatory warranty. For Products not covered by this provision, the Seller does not provide any warranty. The warranty claim may be asserted within the warranty period. If the person obliged to provide the guarantee does not fulfil his obligation within a reasonable period of time at the request of the person entitled, the guarantee claim may be brought before a court within three months of the expiry of the period set in the request, even if the guarantee period has already expired. Failure to observe this time limit shall result in forfeiture of the right. In other respects, the rules applicable to the exercise of rights under a warranty shall apply mutatis mutandis to the enforcement of a warranty claim. The duration of the guarantee shall be one year. Failure to comply with this period shall result in forfeiture of rights. The guarantee period shall begin on the date of delivery of the consumer goods to the consumer or, if the installation is carried out by the undertaking or its agent, on the date of installation. Please contact the manufacturer for any warranty claims exceeding one year.
When is the Seller released from his warranty obligation?
The Seller will only be released from his warranty obligation if he can prove that the cause of the defect arose after performance.
Please note that you may not make a warranty claim and a guarantee claim or a product warranty claim and a guarantee claim for the same defect at the same time, but the Buyer has the rights under the guarantee irrespective of the warranty rights.