Information on product and implied warranty and guarantee
1. Implied warranty
When can the implied warranty right be exercised?
In the event of faulty performance, you may enforce your implied warranty right against the company in accordance with the provisions of Article 159 and 167 of Book 6 of Act V of 2013 (Hungarian Civil Code).
What are the rights arising out of the implied warranty?
You may, at your own discretion, enforce the following implied warranty claims:
You may request repair or replacement, except, if the claim chosen by you is unenforceable or leads to disproportionate additional costs for the company compared to other claims. If you have not requested repair or replacement, or could not have requested it, then you may apply for a proportionate discount, you may do repairs/have repairs done to the expense of the company or, as a last resort, withdraw from the contract.
You may change from one implied warranty right to another, however, the costs of this change shall be borne by you, except if it was justified or the company made it necessary.
What is the deadline of enforcing an implied warranty claim?
You shall report the defect after its detection immediately, but not later than one week after the defect was detected. Please note, however, that you may not enforce your implied warranty claims after an expiry of 6 month from the fulfilment of the contract.
Against whom can the implied warranty claim be enforced?
You can enforce your implied warranty claims against the company.
What are the other conditions of enforcing implied warranty claims?
The enforcement of implied warranty claims is not subject to any condition other than reporting the defect within six months of fulfilment, if you can prove that the product or service was provided by Annamaria Pap. as the company. However, following the expiry of the 6-month period from fulfilmnet, you have to prove that the defect detected by you was present at the time of fulfilment.
2. Product warranty (Article 168 and 170 of Book 6 of the Hungarian Civil Code)
When can the product warranty right be exercised?
In the event of the defect of a moveable asset (product) you may, at your own discretion, enforce the right or product warranty claim specified in Section 1.
What are the rights arising out of the product warranty?
You may only demand the repair or replacement of the defective product as part of the product warranty.
When is the product considered defective?
The product is considered defective when it does not meet quality requirements or does not have the characteristics specified in the manufacturer's description at the time of placing on the market.
In which scenarios is the warranty not void?
Warrany is NOT void in the following scenarios:
- improper use of product or overburdening the product
- the product was continuously subjected to wet or humid environment
- the product was altered by the Customer or the product was forcibly opened
- the improper or negligent use of the locking mechanism
The provided 6-month warranty does not cover naturally occuring wearing of the product, damage to the product after purchase or the faults of slide fasteners and metal accessories. Any damage by the deliverer should be addressed at the place of delivery promptly to the deliverer or insurer and by no means covered by the provided warranty.
What is the deadline of enforcing an product warranty claim?
You can enforce your product warranty claim within 6 months of the product's placing on the market by the manufacturer. This right is lost after this date.
Against whom and with what conditions can the product warranty claim be enforced?
The product warranty can only be enforced against the manufacturer or distributor of the moveable asset. When enforcing a product warranty, the defect of the product shall be proven by you.
When is the manufacturer (distributor) released of the obligation of product warranty?
The manufacturer (distributor) is released of its obligation of product warranty, if it can prove that:
• the product was manufactured or placed on the market outside its business activity,
• the defect could not have been detected at the time of placing on the market according to the state of technology, or
• the defect of the product arises from the application of a legislation or obligatory official standard.
The manufacturer (distributor) has to prove only one thing to be released from this obligation.
Please note that you cannot enforce both an implied warranty and a product warranty claim simultaneously for the same defect. In the event of the successful enforcement of your product warranty claim the implied warranty on the replaced or repaired part can be enforced against the manufacturer.
3. Guarantee (Article 171 and 174 of Book 6 of the Hungarian Civil Code)
In the event of faulty performance, the providers are obligated to undertake a guarantee. The deadline for enforcing the guarantee is 14 calendar days from the receipt of the products.
Any faulty performance can be remedied by re-delivering correct goods. The Consumer may choose to have the price of goods refunded (the Provider, however, cannot refund the costs of the initial delivery or re-delivery, since delivery as a service is provided by receiving the parcel).
The company is released from the guarantee obligation only if it can prove that the cause of defect occurred after fulfilment (following that the courier left the consumer).
Please note that the Consumer cannot enforce both an implied warranty and a product warranty claim simultaneously for the same defect. Notwithstanding the Section 1 and 2, you shall be provided with the rights arising from the warranty.
This information material is valid from: 01.11.2015.