Consumer information pursuant to Government Decree 45/2014 (II. 26.)
Information on the consumer's right of withdrawal
The consumer has the right to withdraw from the contract without giving any reason according to Article 20 of Government Decree 45/2014 (26.II.). The consumer may exercise his right of withdrawal
a) in the case of a contract for the sale of goods
aa) the product,
ab) in the case of the sale of several products, if the supply of each product takes place at different times, the last product supplied,
from the date of receipt by the consumer or a third party other than the carrier and indicated by the consumer within fourteen days can exercise.
Nothing in this point shall affect the consumer's right to exercise his right of withdrawal as set out in this point during the period between the date of conclusion of the contract and the date of receipt of the goods.
If the consumer has 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 obligation to make an offer to conclude the contract.
Cancellation notice, exercise of the consumer's right of withdrawal or termination
The consumer may exercise the right provided for in Article 20 of Government Decree No. 45/2014 (26.II.) by sending a clear declaration to the following address or by using this model declaration, which can also be downloaded from the website: 1115 Budapest, Etele út 42/b 5.33; nemet.sandor@autoalkatreszwebaruhaz.com
Sample declaration for withdrawal
Addressee: Robinco Commercial KFT
Address: 1089 Budapest Orczy út 28
I/We, the undersigned, declare that I/we exercise my/our right of withdrawal/cancellation in respect of the contract for the purchase of the following product(s) or the provision of the following service(s):
Date of conclusion of contract / date of receipt:
Name of the consumer(s):
Address of the consumer(s):
The purchase price should be returned to the following bank account (please fill in if you wish to receive the purchase price by bank transfer):
Signature of the consumer(s): (only in case of paper declaration)
Celtic
—————–
Validity of the consumer's withdrawal
The right of withdrawal shall be deemed to have been exercised in time if the consumer sends his declaration within the 14 calendar day period.
The burden of proving that the consumer exercised his right of withdrawal in accordance with this provision is on the consumer.
The Seller shall acknowledge the consumer's withdrawal on an electronic medium upon receipt.
Obligations of the Seller in the event of withdrawal by the consumer
Seller's obligation to refund
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (26.II.), the Seller shall reimburse the total amount paid by the consumer as consideration, including the costs incurred in connection with the performance, including the delivery fee, within fourteen days of becoming aware of the withdrawal at the latest. Please note that this provision does not apply to additional costs caused by the choice of a mode of transport other than the least costly usual mode of transport.
How the Seller is obliged to refund
In the event of withdrawal or termination in accordance with Article 22 of Government Decree 45/2014 (26.II.), the Seller shall refund the amount returned to the consumer in the same way as the payment method used by the consumer. Subject to the express consent of the consumer, the Seller may use a different method of payment for the refund, but the consumer shall not be charged any additional fee. The Seller shall not be liable for any delay caused by the Consumer providing an incorrect and/or inaccurate bank account number or postal address.
Additional costs
If the consumer explicitly chooses a mode of transport other than the least costly usual mode of transport, the Seller is not obliged to reimburse the additional costs resulting from this. In such a case, we shall be obliged to reimburse up to the amount of the standard delivery charges indicated.
Right of retention
The Seller may withhold the amount due to the consumer until the consumer has returned the goods or has proved beyond reasonable doubt that he has returned them, whichever is the earlier. We are not able to accept consignments sent by post.
In the event of cancellation or termination of the consumer's obligations
Returning the product
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (26.II.), the consumer must return the product immediately, but no later than fourteen days from the date of withdrawal, or hand it over to the Seller or a person authorised by the Seller to receive the product. The return shall be deemed to have been effected in time if the consumer returns the goods before the expiry of the time limit.
Payment of costs related to the return of the product
The consumer bears the cost of returning the product. The product must be returned to the Seller's address.
Consumer liability for depreciation
The consumer is liable for depreciation resulting from use beyond that necessary to establish the nature, characteristics and functioning of the product.
Exclusion of the right of withdrawal
The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal in accordance with the provisions of the law 45/2014 (II.26(1) of the Government Regulation, in particular in the cases provided for in points "c" and "e": "in the case of a product which is not prefabricated, which has been manufactured on the basis of instructions or at the express request of the consumer, or a product which is clearly tailored to the consumer; "in the case of a product in closed packaging which cannot be returned after opening after delivery for reasons of health protection or hygiene.
Warranty, product warranty, guarantee
This section of the Consumer Information Notice has been prepared pursuant to the authorisation of Article 9(3) of Government Decree 45/2014 (II.26.), using Annex 3 of Government Decree 45/2014 (II.26.).
Accessories warranty
In which cases can you exercise your right to a warranty?
In the event of defective performance by the Seller, you may claim against the Seller under the rules of the Civil Code.
What rights do you have under a warranty claim?
You may - at your option - make the following warranty claims:
You may request a repair or replacement, unless one of these is impossible or would impose a disproportionate additional cost on the Seller compared to any other request you have made. 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 can switch from one warranty right to another, but you will bear the cost of the switch unless it was justified or the Seller gave a reason for it.
What is the time limit for you to claim your warranty?
You must notify us of the defect as soon as you discover it, but no later than two months after the defect is discovered. However, you should note that you cannot claim any rights to claim for defects beyond the two-year limitation period from the date of performance of the contract.
Who can you claim against?
You may assert a warranty claim against the Seller.
What other conditions are there for the enforcement of your rights under the warranty?
Within six months from the date of performance, you can claim for a defect, provided that you prove that the goods or services were provided by the Seller. However, after six months from the date of performance, you will have the burden of proving that the defect which you have discovered existed at the time of performance.
Product Warranty
In which cases can you exercise your right to a product guarantee?
In the event of a defect in a movable item (product), you can choose between a warranty claim for accessories or a product warranty claim.
What rights do you have under your product warranty claim?
As a product warranty claim, you can only ask for the defective product to be repaired or replaced.
In which cases is the product considered 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 you to claim under the product warranty?
You have two years from the date on which the product was placed on the market by the manufacturer to make a product warranty claim. After this period, you lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You can only exercise your right to claim under a product warranty against the manufacturer or distributor of the movable item. You must prove that the product is defective in order to make a product warranty claim.
In which cases is the manufacturer (distributor) exempted from its product warranty obligation?
The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:
- manufactured or marketed the product for purposes other than its business, or
- the defect was not detectable according to the state of science and technology at the time it was placed on the market, or
- the defect in the product results from the application of a legal or regulatory requirement.
The manufacturer (distributor) only needs to prove one reason for exemption.
Please note that you may not claim for a defect in accessories and a product warranty at the same time. However, if your product warranty claim is successful, you may assert your accessories warranty claim against the manufacturer for the replaced product or repaired part.
Good standing
In which cases can you exercise your right to a guarantee?
In the event of defective performance, the debtor is contractually obliged to provide a guarantee.
What are your rights under the warranty 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 fails to 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 specified in the request, even if the guarantee period has already expired. Failure to comply with 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 day of delivery of the consumer goods to the consumer or, if the installation is carried out by the undertaking or its agent, on the day of installation. Please contact the manufacturer for any warranty claims exceeding one year.
Mandatory cases of warranty:
- Household appliances above a selling price of HUF 10 000, in particular refrigerators, freezers, combined refrigerators, electric cookers, washing machines, spin dryers, tumble dryers and any combination of these, dishwashers, irons, water heaters, heating, air-conditioning and other air-conditioning equipment, vacuum cleaners, steam cleaners, carpet cleaners, floor scrubbing and polishing machines, sewing machines, knitting machines, electric water heaters, pumps;
- small electric kitchen appliances with a selling price of over HUF 10 000, in particular microwave ovens, toasters, toasters, coffee makers, coffee machines, kettles, electric kettles, robotic kitchen appliances, barbecues, fryers, waffle makers, doughnut makers, waffle makers, sandwich makers, electric pancake maker, electric pizza maker, electric rotisserie, electric frying pan, electric popcorn maker, electric contact grill, rotisserie, mini cooker, rice cooker, pasta cooker, egg cooker, food steamer, air mixer, fruit juicer;
- gas appliances above the selling price of HUF 10 000, in particular stoves, convectors, gas boilers, gas boilers, gas barbecues, gas stoves, gas fires, gas burners, gas lamps;
- motorised garden machinery and non-motorised gardening tools above a selling price of HUF 10 000, in particular hoes, lawnmowers, lawn mowers, push mowers;
- motorised hand tools above a selling price of HUF 10 000, in particular chainsaws, drills, impact drills, angle grinders, circular saws, planers;
- medical aids and appliances with a shelf life of at least one year and sunglasses with a sales price of more than HUF 10 000;
- health care products and devices above the sales price of 10 000 HUF, in particular electric massagers, magnetic products, light therapy devices;
- means of transport above a selling price of HUF 10 000, in particular bicycles, electric bicycles, electric scooters, quad bikes, motorcycles, motor-assisted bicycles, cars, caravans, motor caravans, caravans with trailers, trailers;
- motorised watercraft above a selling price of HUF 10 000;
- childcare articles above a selling price of HUF 10 000, in particular changing and washing stands, pushchairs, high and table high chairs, safety child seats;
- child monitoring equipment above a selling price of 10 000 HUF, in particular respiratory monitors, heart monitors, baby monitors;
- children's swings, slides and similar toys requiring similar activities for indoor and outdoor use in the home above a selling price of HUF 10 000;
- lighting products above a selling price of HUF 10 000, in particular luminaires and light sources;
- security alarms and signalling devices above a selling price of HUF 10 000;
- electronic communications terminal equipment with a selling price of over HUF 10 000, in particular telephones, mobile telephones, fax machines, multifunctional equipment;
- telecommunications equipment above a selling price of HUF 10 000, in particular answering machines and hands-free kits; satellite receiver and AM Micro antenna systems and their components, television sets, projectors, video recorders, radios, car radios, radio alarm clocks, satellite positioning devices, record players, tape and cassette recorders, CD recorder and player, DVD recorder and player, game console, Blu-ray player and writer, desktop media player, personal sound system, mixing table, amplifier, loudspeaker, speaker, microphone and earphones, head-set;
- information technology equipment above the selling price of HUF 10 000, in particular desktop computers, laptops, notebooks, tablets, PDAs, monitors, printers, scanners, cameras, film and sound recording cameras, video cameras and camcorders, voice recorders, photo printers, film and slide scanners, MP3 and MP4 players, portable media players, USB sticks, memory cards, battery chargers, calculators, pocket calculators;
- office equipment above the selling price of HUF 10 000, in particular shredders, photocopiers, laminators;
- over-screen projectors and film equipment above a selling price of HUF 10 000, in particular film projectors, over-screen projectors, film enlargers, film projectors and film processors;
- optical instruments over 10 000 HUF selling price, in particular binoculars, binoculars, microscopes, telescopes;
- musical instruments over 10 000 HUF selling price;
- watches and jewellery above the selling price of 10 000 Ft;
- indoor and outdoor furniture, recliners above the selling price of 10 000 HUF;
- measuring instruments, generators, power supplies above the selling price of 10 000 Ft;
- firearms above the selling price of 10 000 Ft;
- sports equipment, hunting and fishing equipment above a selling price of HUF 10 000;
- electrically powered beauty appliances with a selling price of over HUF 10 000, in particular hairdryers, hair styling machines, body hair clippers, epilators and electric shavers;
- fur clothing products made of fine and semi-precious furskins above a sales price of HUF 50 000;
- accessories and components of products belonging to the product groups listed above, with a selling price of more than HUF 10 000."
When is the Seller released from his warranty obligation?
The Seller shall be released from its warranty obligation only if it proves 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 you will have the rights under the guarantee irrespective of the warranty rights.
Sample declaration for withdrawal
Addressee: Robinco Trading Ltd
(address: 1089 Budapest Orczy út 28, e-mail: info@robinco.hu)
I/We, the undersigned, declare that I/we exercise my/our right of withdrawal/cancellation in respect of the contract for the purchase of the following product(s) or the provision of the following service(s):
......................................................................................................................................................................................................
Date of conclusion of contract / date of receipt: ..................................................................
Name of consumer(s): .............................................................................................
Address of the consumer(s): .............................................................................................
The purchase price should be returned to the following bank account (please fill in if you would like to receive a bank transfer):
..........................................................................................................................................................................................
Signature of the consumer(s): (only in case of paper declaration)
.............................................................................................