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Shopping terms

GENERAL TERMS AND CONDITIONS

These General Terms and Conditions (hereinafter “GTC”) are the terms and conditions of ALPLAN Ltd. (hereinafter the Operator), and the contracting user using the electronic commerce services provided by the Operator via the www.alplan.hu website (hereinafter: the User). The GTC includes their rights and obligations, and the conditions for the conclusion and termination of the contract.

Within the framework of the GTC, the Operator and the User are hereinafter referred to collectively as: Contracting Parties.

The GTC applies to all legal transactions and services created via the www.alplan.hu website, irrespective of whether the legal transaction or service is created or performed in Hungary or abroad by the Operator or its agent or its trustee.

The data of the Operator::

Company name: ALPLAN Kft.
Address: 1097 Budapest, Vaskapu u.7
Business address: 73 Etele út, 1119 Budapest
E-mail address: alplan@t-online.hu
Phone number: +36-1-206-35-08
Company registration number: Company Registry Court of Budapest Capital Regional Court: 01-09-688663
Tax number: 12486780-2-43

Details of the hosting provider:>:

Company name: Numex Informatika Kft.
Head Office: 112 Petőfi Sándor utca, 2360 Gyál
Telephone number: +36 1 205 3915
E-mail address: info@numex.hu

1. General provisions

The scope of the GTC shall apply to all electronic commerce services that are performed via the electronic store (hereinafter referred to as the Web store) on the www.alplan.hu website.

Purchase in the Web store not specified below is regulated by the Act CVIII of 2001 on certain isues of electronic commerce services and information society services, the45/2014 Government Decree on the detailed rules of contracts between the consumer and the business, and also the Act V of 2013 (Civil Code).

2. Placing an order - using the cart - choosing shipping and payment methods

You can place an order in the Web store using the Shopping cart.

The User may add the selected products to the Cart using the "Cart" button. The User may specify the desired quantity of each product. The contents of the Cart may be deleted per product or as a whole.

After defining the contents of the Shopping cart, the User will be directed to the interface where he / she can select the method of receipt, enter his / her billing and shipping details and comment on his / her order.

If the User has provided all the information necessary for the fulfillment of the order, he / she may choose the method of receipt:

  • requests home delivery, or

  • wishes to pick it up in the store of the Operator, called ELEKTRO KELENFÖLD, located on the ground floor at 73 Etele út, 1119 BUDAPEST.

The User also has to choose how to pay the purchase price:

If the User chose the "pickup at our store in person" option when placing the order, he / she has the following payment options:

  • in cash at the time of picking up the goods, or by advance payment, or at the time of placing the order via the online credit card payment interface.

If the User chose the "home delivery" option when placing the order, he / she has the following payment options:

  • cash on delivery to the delivery agent, or advance payment,

or

  • by credit card (Visa, Visa Electron, MasterCard, Maestro) at the time of placing the order via the online credit card payment interface.

The Operator reserves the right to request an advance payment from the customer depending on the size of the order. The Customer shall be informed of the amount of the advance payment before the confirmation of the order.

3. Shipping cost – delivery

Choosing home delivery in Hungary, in the case of orders below HUF 100,000, the shipping cost per order will be according to the prevailing tariffs of Magyar Posta Logistics. In the case of orders in Hungary, payment is possible by advance payment or cash on delivery.

Choosing home delivery in Budapest, in the case of orders below HUF 100,000, the shipping cost per order will be according to the prevailing tariffs of Magyar Posta Logistics.In case of orders over HUF 100,000, the Operator shall bear the shipping costs.

Delivery is carried out by the Operator's own fleet or by courier service.

The estimated time of delivery is 3-5 days. If the estimated delivery time exceeds 5 days, the Customer will be informed by phone or e-mail after the order has been received. If the later delivery time is not acceptable, the order can be modified, or cancelled.

The Operator cannot provide an exact delivery time (hour-minute), can only indicate an approximate delivery interval. The expected delivery time is included in the order confirmation.

In the case of shipping abroad, a colleague on behalf of the Operator will inform the Customer of the individual shipping cost after receiving the order. The shipping cost per order will be according to the prevailing tariffs of TNT Express Hungary Kft. If the individual shipping cost is not acceptable, the order can be modified, or cancelled.  

4. Finalizing, sending, modifying the order

Then the Customer can use the "Next" button and on the summary page can check the order details before finalizing it, backtracking the Customer can modify the details, or the order. Using the "Back" button twice the Customer can cancel the order by emptying the cart.

The order is actually placed and the offer will be sent by clicking on the "Complete Order" label, which constitutes a purchase offer and creates a payment obligation for the User.

The Operator shall only accept orders for quantities used in the household.

Purchase in the Web Store is possible with the order placed and confirmed electronically as stated above. The placing of the order is accompanied by the acceptance of this GTC.

By submitting data to the Web store and placing an order, the User declares that he / she has read and agrees to these Terms and Conditions (GTC), and to the Privacy Policy published on the Website. He / she also agrees to the data management required by the Privacy Policy, regulations and the laws. In the absence of this statement by the User, no contract shall be validly entered into between the User and the Operator or the Agent of the Operator through the Web store.

The services of the Web store are available to all Users, without registration, by providing the information requested on the “Order” page.

Once the order has been placed, the contract may be amended freely and without legal consequence by the date of receipt, via e-mail sent to the address of the Operator specified above.

The contract is concluded between the Contracting Parties in Hungarian language with the confirmation of the order and the implied conduct of clicking on the “Order” button. It shall not be considered as a written contract.

The Operator expressly excludes its liability for errors, delays in delivery or damage resulting from incorrect and / or inaccurate data provided by the User. Any error or delay caused this way shall not be considered as a defective performance of the Operator.

The essential properties of the goods to be purchased by the User are indicated in the Web store.

The Operator shall be deemed to have fulfilled its contractual obligations if the product has more favourable and advantageous properties than the information provided on the Web store.

The Operator is obliged to enclose the instruction manual and the certificate of the product sold on the Web store in the case where this is required by legal regulations. In the event of failure to do so, the Contract shall not be cancelled and the documents shall be provided by the Operator at the request of the User.

5. Purchase price

The purchase price is the net list price shown on the Web store for the selected product / service. The price does not include VAT. The purchase price of the products does not include shipping costs.

The Operator reserves the right to change the price of the products ordered from the Web Store, with the effect that the modification enters into force at the time of its appearance on the Web store. The change must not affect the purchase price of the products that have already been ordered and confirmed, either positively or negatively.

If the Web store interface is clearly erroneous, including, but not limited to, a HUF "0" or HUF "1" price / fee due to a system error that is significantly different from the generally known, generally accepted or estimated price of the product or service, the Operator is not obliged to deliver the product at a defective price or to provide the service at a defective price, but may offer the delivery at the correct price. In this case as well, the User shall have the right of withdrawal.

The prices of certain products shown in the Web store may differ from the prices of specialty stores.

6. Confirmation

The Operator shall confirm the receipt of the order sent by the User via e-mail immediately, but not later than within 48 hours, which shall contain the following:

  • information provided by the User at the time of purchase or registration (e.g. billing and shipping information),
  • the order ID,
  • the date of the order,
  • the list and quantity of items for the ordered product,
  • the price of the product,
  • the shipping cost and
  • the total amount to be paid.

The User shall be exempt from the binding of the offer or the contractual obligation if the confirmation is not received within 48 hours.

Confirmed orders shall be deemed to be electronically concluded contracts, which shall not be registered by the Operator, shall be kept for 5 years from the date of their conclusion and shall be accessible to the User if necessary.

7. Language of the contract, applied code of conduct

The language of the contract is exclusively Hungarian. The Operator does not obey a Code of Conduct.

8. Consumer's right of withdrawal

The Consumer: A natural person acting outside the scope of his or her profession, self-employment or business, who purchases, orders, receives, uses and is the recipient of any commercial communication or offer related to the goods for the purposes of this GTC.

In the case of a contract for the sale of a product, theConsumer has the right to withdraw or terminate the contract without giving reasons within fourteen (14) days from the date of receipt

    1. of the product,
    1. in the case of the sale of multiple products if the delivery takes place at different times, from the date of receipt of the last item supplied
    1. in the case of a product consisting of several lots or pieces, from the receipt of the last lot or piece supplied
    1. if the product is to be supplied on a regular basis within a specified period from the receipt of the first provided item received by the Costumer, or a third person other than the deliverer appointed by the Costumer. (§ 20-30 Government Decree 45/2014)

The consumer shall have the right of withdrawal from the day of the conclusion of the contract to the date of receipt of the product.

9. Method of exercising the Consumer's right of withdrawal

If the Consumer intends to exercise his / her right of withdrawal, he / she must send the completed withdrawal statement form included in the GTC, or a clear written statement of his / her intention to withdraw (by post, fax or electronic mail) to the Operator at the contact details indicated at the beginning of this GTC, prior to the deadline specified in the previous section.

In the event of written cancellation, it shall be deemed to have been filed and validated within the provided time if the Consumer sends its statement to the Operator within 14 calendar days (even on the 14th calendar day).

In the case of notification by post, the date of posting shall be taken into account for the purposes of calculating the deadline, in the case of notification by email or fax the date of sending them should be considered for the deadline. The Operator recommends that the Consumer's letter should be sent by registered mail as well, so that the date of posting can be credibly verified. The Operator shall confirm the receipt of the Consumer's notice of withdrawal immediately via e-mail. This confirmation does not imply any acknowledgment by the Operator of the legal notice of withdrawal.

The consumer exercises his / her right of withdrawal on time as stated above. A notice of withdrawal sent after this deadline does not bind the Operator.

The Consumer shall bear the burden of proving that he / she has exercised his / her right of withdrawal in accordance with the provisions set out above.

Withdrawal Statement Form SAMPLE

(fill in and return only if you intend to cancel the contract)

Recipient (name, postal address, e-mail address, fax number, telephone number):

The undersigned declares that he / she will refrain from purchasing the following goods:

Date of order / date of receipt:

The name of the Consumer(s):

The address of the Consumer(s):

Signature of the Consumer(s) (in the case of written notification only):

Date:

10. Obligations of the Operator in the case of exercising the right of withdrawal

If the Consumer properly terminates the contract, the Operator shall reimburse the full amount paid by the Consumer in consideration, including any costs incurred in connection with the performance, immediately but no later than fourteen days after becoming aware a Fogyasztó által of the termination.

In the event of appropriate withdrawal or cancellation, the Operator shall refund the amount due to the Consumer in the same manner as the payment method used by the Consumer. Subject to the express consent of the Consumer, the Operator may use another form of payment for the refund, but shall not charge any additional fee to the Consumer.

If the Consumer expressly opts for a mode of transport other than the least costly regular mode of transport, the Operator shall not be obliged to reimburse the resulting additional costs.

In the case of a contract for the sale of a product, the Operator may withhold the amount specified above until the Consumer has returned the product or has unequivocally confirmed that it has been returned; the earlier of the two shall be taken into account.

11. Obligations of the Consumer in the case of exercising the right of withdrawal

If the Consumer properly withdraws from the contract, he / she must return the product immediately, but no later than fourteen days after the notice of withdrawal, or return it to the Operator or to a person authorized by the Operator to take over the product. Returns are deemed to have been completed on time if the Consumer sends the product before the deadline.

The Consumer shall bear only the direct cost of returning the product. The Operator shall not be obliged to take back the package returned by cash on delivery.

The Consumer shall only be liable for any depreciation due to the use beyond what is necessary to determine the nature, characteristics and performance of the product.

The Consumer shall not incur any additional costs or obligations in connection with exercising of this right other than the above.

12. Exclusion of withdrawal

The Consumer may not exercise his / her right of withdrawal after the above deadline.

Furthermore, the Consumer shall not exercise the right of withdrawal, in particular if:

    1. a non-prefabricated product which has been manufactured based on the Consumer's instructions or at the expressed request of the Consumer or which has been clearly customized for the Consumer;
    1. in the case of perishable products, or which retains its quality for a short period;
    1. in the case of a sealed product which cannot be returned after opening having received for health or hygiene reasons;
    1. in the case of a product which, by its nature, is inextricably mixes with other products after its transfer;
    1. in respect of the sale or purchase of sealed audio or video recordings and computer software in cases where, after delivery, the Consumer has opened the packaging;

13. Guaranty

The Operator shall be under a guaranty obligation in respect of its products marketed in accordance with the Civil Code, or if the product is subject to the Government Decree of 151/2003 (IX. 22.) in accordance with that.

The Guarantor shall be liable for the defective performance of the contract during the guarantee period with the only exception if the Guarantor can prove that the cause of the defect arose after the performance (Section 6: 171 of the Civil Code).

The guarantee period begins on the date of actual delivery, i.e. the day the product is received by the User.

Consumer durables are the products listed in the Annex to the Government Decree of 151/2003 (IX.22.) on the statutory guaranty for certain durables for which the law provides for a one-year statutory guarantee period.

There is no guaranty on the defect if the cause arises after the product has been delivered to a User considered as a Consumer (Hereinafter Consumer) for instance if the fault was caused by

  • improper installation,
  • improper use, disregarding the instructions for use,
  • improper storage, improper handling, abuse,
  • elemental damage, natural disaster.

In the event of a defect covered by the guaranty:

  • in particular, the Consumer may, at his / her option, request repair or replacement, unless fulfilment of the selected guaranty claim is impossible or would result in disproportionate additional costs for the Operator compared to fulfilling other guaranty claims taking into account the value of the product in good condition, the severity of the breach and the interest grievance of the Consumer by fulfilling the guaranty claim.

  • if the Operator has not undertaken the repair or replacement not being able to fulfil its obligation within a reasonable time, in the best interests of the Consumer, or if the Consumer's interest in the repair or replacement has ceased, the Consumer may, at his / her option , request a proportional reduction of the purchase price, may repair the defect at his / her own expense, may have another person repair it, or terminate the contract. There is no room for withdrawal due to a insignificant error.

If the Consumer claims for replacement within three working days of purchase (commissioning) due to a defect in the product, the Operator is obliged to replace the product, provided that the defect prevents its proper use.

The repair or replacement shall be carried out within a reasonable period of time, taking into account the nature of the product and its intended use by the Consumer, and also the interests of the Consumer. The Operator shall endeavour to repair or replace the product within a maximum of fifteen days.

During repair, only new parts may be added to the product.

The part of the repair period during which the Consumer cannot use the product for its intended purpose is not included in the guarantee period.

The guarantee period in the case of the replacement of a product or part of a product (repair) will be renewed for the product, product part replaced (repaired) and regarding the error that results from the correction.

Costs related to the fulfilment of the guaranty obligation shall be borne by the Operator.

The Operator shall be exempt from its guaranty obligation only if it proves that the cause of the defect occurred after the performance.

However, the Consumer shall not be entitled to enforce a guaranty and warranty claim or a product guaranty and liability claim simultaneously for one and the same defect.

The guaranty does not affect the enforcement of the rights of the User / Consumer under the law, in particular the guaranty, warranty, liability for defects or damages.

In the event of a dispute between the Contracting Parties which cannot be settled amicably, the User may institute arbitration proceedings.

14. Warranty  

The User may enforce its warranty claim directly against the Operator.

The User may enforce a liability for defects warranty claim against the Operator in case of incorrect performance of the Operator.

In the case of a consumer contract, the User may enforce his / her warranty claims within 2 years from the date of receipt, for defects in the product that were already present at the time of delivery of the product.

the User may, at his / her option, request repair or replacement, unless fulfilment of the selected claim is impossible or would result in disproportionate additional costs for the Operator compared to fulfilling other claims taking into account the value of the product in good condition, the severity of the breach and the interest grievance of the Consumer by fulfilling the guaranty claim.

If the Operator has not undertaken the repair or replacement not being able to fulfil its obligation within a reasonable time, in the best interests of the Consumer, or if the Consumer's interest in the repair or replacement has ceased, the Consumer may, at his / her option , request a proportional reduction of the purchase price, may have the defect repaired at the Operator’s expense, or terminate the contract.

There is no room for withdrawal due to a insignificant error.

The User may transfer from one of its selected liability for defects rights to another, but shall bear the cost of the change or reimburse the Operator, unless the change is justified or the reason for that was caused by the Operator.

The User is obliged to notify the Operator of the defect immediately, but no later than within two months from the discovery of the defect.

15. Product liability

In the event of a defect in the movable property of the Operator sent to the User (for the purposes of this subheading: product), the Consumer may require the manufacturer to repair the defect in the product or replace the product if repair is not possible within a reasonable time and without prejudice to the interests of the Consumer. A product is defective if it does not meet the quality requirements of the product when it is placed on the market by the manufacturer or does not have the characteristics described by the manufacturer.

For the purposes of this point, the manufacturer and the distributor of the product shall be considered as the manufacturer.

The manufacturer shall be exempt from product liability if he / she proves

    1. that the product has not been manufactured or marketed in the course of his / her business or self-employment;
    1. at the time the product was placed on the market, the defect could not be recognized based on the scientific and technical knowledge of that time; or
    1. the defect of the product was caused by the application of a law or a mandatory official regulation.

In the event of replacement, the manufacturer shall be liable for the replacement product and in the event of repair, the manufacturer shall be liable for any part of the product which was subject to repair.

The User is obliged to notify the manufacturer of the defect immediately after it was noticed. Any defect communicated within two months of the discovery of the defect shall be deemed to be communicated without delay. The Consumer is liable for any damage resulting from delay in communication.

The manufacturer shall bear the liability for a period of 18 months from the date on which the product was placed on the market by the manufacturer. The expiration of this period shall result in forfeiture of rights. An extended warranty is available at an additional cost, based on an individual calculation.

In the event of a transfer of ownership of the product, the new owner may enforce its product liability rights against the manufacturer.

16. Responsibility

The information contained in the Web store has been placed with the utmost care and good faith by the Operator, but is for informational purposes only. The Operator assumes no responsibility for the accuracy or completeness of the information or data posted.

The User shall use the Web store solely at his own risk and by accepting that the Operator assumes no liability for material or non-material damage resulting from the use, whether caused by wilful misconduct or gross negligence, or criminal activity, in addition has no liability beyond the liability for the breach of contract harming life, physical integrity and health.

The Operator expressly disclaims all responsibility for the conduct of the Web store users. The User is fully and exclusively responsible for his / her own behaviour, in all cases the Operator will fully cooperate with the acting authorities to investigate the violations. The Web store pages may contain links that lead to websites of third parties other than the Operator. The Operator is not responsible for the privacy practices of these third parties, the safe use of their websites or any other activities of theirs.

17. Data management

The Operator declares that the operation of the Web store / Website does not have to be reported to the Data Protection Register, as its data management is limited to the data of the persons in contact with it. (Section 65 (3 a) of Act CXII of 2011)

The Operator collects the data directly from the persons intending to make purchases through the Web store interface, the (purpose of) data management is aimed solely at the mutual fulfilment of the sales made on the basis of the order.

The Operator only keeps personal data necessary for the fulfilment of the order (name, address, mailing address, telephone number), retains the personal data only for subsequent verification of the actual contract and the invoice issued, and for any quality objection or litigation for a 5-year period. The data may not be used for any other purpose, and shall not be disclosed by the Operator, except for the necessary data management of the hosting provider, and the necessary data to be provided to the postal or parcel service, specifically for the fulfilment of the contract of sale. In connection with the operation of the Web Store, the Operator does not carry out advertising (direct marketing) activities, nor does it provide newsletter services.

18. Copyrights

The entire Web store is protected by copyright. The copyright holder of all content is the Operator, of any content displayed in connection with the services or purchasing goods through the Web store , of any copyrighted work or other intellectual property (including, but not limited to, all graphics and other materials, the layout and structure of the Web store interface, software and other solutions used, ideas, implementation, and know-how).

It is permitted to save or print the contents of the Web store or some parts of it on physical or other data media for private use or with the prior written consent of the Operator.

Except for the purpose of displaying the Web store for its intended purpose, for the purpose of temporary reproduction required for that, and for private copying, these intellectual works may not be used or utilized in any form without the prior written permission of the Operator.

In addition to the rights expressly set forth in this GTC, neither registration nor the use of the Web store without registration grants the User any right to use or utilize any trade name or trademark appearing on the Web store interface.

19. Complaint management

The User may submit consumer complaints about the product or the Operator's activities in writing at the following contact details:

Company name: ALPLAN Kft.
Address: 7 Vaskapu utca, 1097 Budapest
Postal address: ground floor 73 Etele út, 1119 Budapest
E-mail address: alplan@t-online.hu

Phone number: +36-1-206-3508
Fax number: +36-1-206-3508
Company registration number: Company Registry Court of Budapest Capital Regional Court: 01-09-688663
Tax number: 12486780-2-43

The Operator shall investigate the written complaint within thirty days of its receipt, and shall make a substantive reply and shall arrange for the reply to be sent to the User. If the complaint is rejected by the Operator, it shall justify its position in its substantive response regarding the rejection.

The Operator shall keep the minutes of the complaint and a copy of the reply for five years.

If the User discovers a violation of his / her consumer rights, he / she is entitled to lodge a complaint with the competent consumer protection authority of his / her place of residence. After considering the complaint, the authority will decide on the consumer protection procedure.

Contact details of the National Consumer Protection Authority:

Hungarian Authority for Consumer Protection (HACP):

Address: 6 József krt,1088 Budapest
Postal address: Pf. 20, 1428 Budapest
Website: www.nfh.hu
Telephone number: +36 1 459 4800
Fax number: +36 1 210 4677

Government Office of the Capital City Budapest
Consumer Protection Department

Address: floor 3, 19 Sas utca, 1051 Budapest
Postal address: floor 3, 19 Sas utca, 1051 Budapest
Phone number: +36-1-450-2598
E-mail address: fogyved_kmf_budapest@bfkh.gov.hu

Arbitration board

For the purposes of amicable out-of-court settlement of consumer disputes related to the quality, safety and application of product liability rules, and of the conclusion and performance of a contract, the User may initiate proceedings at an arbitration board operating attached to a professional chamber competent in the place where the Operator is established.

In the practice of the Arbitration Board rules, a consumer is a non-governmental organization, church, condominium, housing association, micro, small and medium-sized enterprise, which purchases, orders, receives, uses or is the recepient of any commercial communication or of an offer.

Contact details of the Budapest Arbitration Board *:

Arbitration board

floor 3, 310 Krisztina krt., 1016 Budapest
Postal address: Pf. 10, 1253 Budapest
E-mail address: bekelteto.testulet@bkik.hu
Fax number: 06 (1) 488 21 86
Phone number: 06 (1) 488 21 31 
Legal proceedings

The User is entitled to a court action for the settlement of his or her consumer dispute claim in accordance with the relevant provisions of Act V of 2013 on the Civil Code and the Code of Civil Procedure.

12th of July, 2018 Budapest

ALPLAN Kft.

Annexes:

  1. Annex to No 45/2014 (II. 26.) Government Decree

Sample Cancellation / Termination Notice

Right of Withdrawal

You have 14 days to cancel this contract without giving any reason. Similarly, if the contract for the provision of the service has begun, you have the right to terminate the contract without giving any reason within 14 days.

The cancellation / termination period is (1 ....).

If you wish to exercise your right of withdrawal, you must send a clear statement of your intention to withdraw (e.g. by post, fax or electronic mail) to the following address: (2...). You may also use the attached notice of withdrawal / termination form for this purpose. (3...).

You will exercise your right of withdrawal / cancellation within the deadline if you submit your withdrawal / cancellation notice before the deadline specified above.

Effects of withdrawal / cancellation

If you cancel this contract, we will refund any payment you make promptly, but no later than 14 days after receiving your notice of withdrawal, including freight (except for the additional costs that resulted from your choice of a different mode of transport from the cheapest mode we offer.) We will use a form of payment that is the same as the one used for the original transaction for your refund, unless you explicitly consent to another payment method; you will not be charged any additional costs as a result of applying this refund method. (4...).

(5 ....)

(6 ....)

Instructions for completing the withdrawal / cancellation notice:

(1.....) Insert one of the following texts in quotation marks:

    1. in the case of a contract for the provision of services: 'shall expire 14 days after the date of the conclusion of the contract';
    1. in the case of a contract of sale of a product: "it shall expire 14 days after the date on which you or a third party other than the carrier and indicated by you, have received the product.";
    1. in the case of multiple products: "expires 14 days after the last product is received by you or by a third party other than the carrier and indicated by you.";
    1. in the case of the supply of a product consisting of several items or pieces: "on which you, or a third party other than the carrier and indicated by you, receives the last item or piece."; (e) in the case of a contract for the regular supply of a product within a given period: "expires 14 days after the date on which you or the third party other than the carrier and indicated by you, receives the first product."

(2.....) Insert the name of your business, your postal address and, if available your phone number, fax number, and email address.

(3.....) If you allow the consumer to electronically complete and submit his / her withdrawal / cancellation notice on your website, please include the following text: “You may also fill out a sample notice of withdrawal / cancellation on our website [insert the address of the website] or submit any other statement that clearly states your intention to rescind. If you decide to do so, we will promptly confirm the receipt of your withdrawal / cancellation on a durable data medium (such as an electronic mail). "

(4.....) In the case of a contract for the sale of a product, if you have not offered to return the product in the event of cancellation, insert the following: "Refunds may be withheld until we have received the product or you have not confirmed that it was returned: the earlier of the two shall be taken into account."

(5.....) If the consumer has taken over the product under the contract 1. (a) Insert one of the following: - "We will ship the product back from you", or - "You must return or hand over the product to us or .... [insert the name and postal address of the person authorized to receive the product, if there is any] without undue delay, but no later than 14 days after the notification of your withdrawal. The time limit shall be deemed to have been observed if the product is shipped before the end of the 14-day period. ';

and

    1. insert the appropriate one:
  1. ba) “We will bear the cost of returning the product.” or
  2. bb) “You will bear the direct cost of returning the product.” or
  3. bc) In the case of a distance contract, if you do not offer to bear the cost of returning the product and, due to the nature of the product, you cannot post it: "The direct cost of returning the product - that is to say, [insert amount] freight costs - shall be borne by you."; or if the cost of returning the product cannot be reasonably estimated in advance: bb) “You will bear the direct cost of returning the product. The highest estimate of these costs is ... [insert amount]. ", or
  4. bd) If, in the case of an off-premises contract, the product was transported to the consumer's home at the time of the conclusion of the contract and, by its nature, cannot be delivered by post: "We ship the product back at our own expense.";

and

    1. insert the following: "You shall not be liable for any depreciation of a product unless it has been used in excess of its use to determine the nature, characteristics and performance of the product."

(6.....) In the case of a contract for the provision of services, insert the following text: “If you request that the service be commenced within the notice period, you will be required to reimburse us for the service proportionate to the date of termination of the contract. Likewise, we will refund any portion of the consideration you provide that exceeds the consideration for the service we provide. "

  1. Annex to No 45/2014 (II. 26.) Government Decree

Sample Withdrawal / Cancellation Notice

(fill in and return only if you intend to withdraw or cancel the contract)

Recipient:1

I / We, the undersigned, hereby declare that I / we exercise my / our right of withdrawal / cancellation with respect to the contract to purchase or provide the following product (s) / service(s):2

Date of contract / date of receipt:3

The name of the Consumer(s):
The address of the Consumer(s):
Signature of the Consumer(s) (in the case of written notification only):

Date

  1. Annex to No 45/2014 (II. 26.) Government Decree

*A sample of Warranty Information, Liability for defects, Guaranty and Product liability

  1. Liability for defects

When can you exercise your right to a liability claim?

Ön a ...4 In the event of a defective performance of ...4, you may enforce a product liability claim against the company under the terms of the Civil Code.

What rights do you have under your liability for defects claim?

You have the following liability for defects claims at your option:

The User may request repair or replacement, unless fulfilment of the selected claim is impossible or would result in disproportionate additional costs for the Operator. If you did not request or request a repair or replacement, you may request a pro-rata reduction of the consideration or you may repair or have the defect repaired at the expense of the business, or in the last case you may terminate the contract.

You may transfer from one of your selected liability for defects rights to another, but shall bear the cost of the change unless the change is justified or the reason for that was caused by the Operator.

What is the deadline for enforcing your liability for defects claim?

You are obliged to notify the Operator of the defect immediately, but no later than within two months from the discovery of the defect. However, please note that you will no longer be able to enforce your liability for defects coverage beyond the two-year limitation period for the performance of this contract. In the case of a used item the deadline...5, but not more than one year.

Who can enforce your liability for defects claim against?

You can enforce a liability for defects claim against the business.

What are the other conditions to enforce your liability for defects claims?

Within six months of the date of delivery, there is no other condition for enforcing your liability for defects claim if you prove that the good or service was provided by....6 business. However, six months after the date of performance, it is your responsibility to prove that the defect you discovered was present at the time of performance.

  1. Product liability

When can you exercise your product liability right?

In the event of a defect in the movable property (product), you may, at your option, assert your right or claim under point 1.

What rights do you have under your product liability claim?

In the case of a product liability claim, you may only request the repair or replacement of the defective product.

When is a Product Defective?

A product is defective if it does not meet the quality requirements of the product when it is placed on the market by the manufacturer or does not have the characteristics described by the manufacturer.

What is the deadline for enforcing your product liability claim?

You can claim your product liability within 18 months of the product being marketed by the manufacturer. After this period, you will lose this right.

Who can you enforce your product liability claim against?

You can claim your product liability only against the manufacturer or distributor of the movable item. You must prove the defect of the product if you claim a product liability.

In what cases is the manufacturer (distributor) exempted from its product liability?

The manufacturer (distributor) shall only be released from his / her product liability obligation if he can prove that:

  • the product was not manufactured or marketed in the course of its business, or
  • the defect was not recognizable at the time of marketing, according to the state of scientific or technical knowledge, or
  • the defect of the product was caused by the application of a law or a mandatory official regulation.

The manufacturer (distributor) must justify only one reason for exemption.

Please note that you shall not be entitled to enforce a guaranty and warranty claim or a product guaranty and liability claim simultaneously for one and the same defect. However, if your product liability claim is effectively enforced, you may enforce your liability for defects for the replaced product or part against the manufacturer.

[If the business is under statutory or contractual guarantee, it is also necessary to include the following, point 3, in the prospectus:]

  1. Guaranty

When can you exercise your right to a liability for defects claim?

In the event of defective performance based on the/7...8 contract ...9 is liable.

What are your rights and within what time frame are you entitled to a guaranty?10

When is a business released from guaranty?

The business shall be exempt from its guaranty obligation only if it proves that the cause of the defect occurred after the performance.

However, you shall not be entitled to enforce a guaranty and warranty claim or a product guaranty and liability claim simultaneously for one and the same defect, otherwise, you are entitled to the guaranty rights irrespective of the rights set out in points 1 and 2.


  1. Here you have to include the name of the business, the postal address and, if available, the telephone number, fax number and electronic mail address.

  2. Here you need to identify the product or service that is the subject of the contract

  3. Indicate the appropriate one

  4. Insert the name of the business

  5. to be inserted only for a period shorter than two years

  6. Insert the name of the business

  7. The appropriate place of legislation must be indicated

  8. Indicate the appropriate one

  9. Insert the name of the business

  10. Insert the rights and time limit specified in the contract or the law

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