General terms and conditions
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Last update date: 16.01.2023
ABZMOTORSHOP.COM LLC
Abzmotorshop.com
General terms and conditions
A contract created on the basis of this document is not filed (it is not accessible afterwards, the conclusion of the contract is proven by the order data), it is created with a legal declaration made with indicative behavior, it is not considered a written contract, it is written in Hungarian, and it does not refer to a code of conduct. If you have any questions about the operation of the webshop, the ordering and delivery process, we are available at the contact details provided.
The scope of these GTC covers legal relationships on the Service Provider's website (https://abzmotorshop.com/) and its subdomains. These Terms and Conditions are continuously available (and can be downloaded and printed at any time) from the following website: https://abzmotorshop.com/aszf.
Definitions:
User: Any natural, legal person or organization that uses the services of the Service Provider and enters into a contract with the Service Provider.
Consumer: A User who is a natural person acting outside the scope of his profession, independent occupation or business activity.
Business: A person acting in the scope of his profession, independent occupation or business activity.
Service Provider: A natural or legal person or an organization without legal personality that provides services related to the information society, who provides services to the User and who enters into a contract with the User.
1. SERVICE PROVIDER DATA:
Name of the service provider: Multi-Performance Kft.
The seat of the service provider (and also the place of complaint handling): 2230 Gyömrő, Szt. István u. 38.
The service provider's contact information and regularly used electronic mail address for contacting users: abz@abzmotortuning.com
Company registration number/registration number of the service provider: 1309071044
Tax number of the service provider: 12079724-2-13
Name of registering authority / licensing authority and license number (if any): Pest County Court
The service provider's phone number: +3670-5117109
Language of the contract: Hungarian
Name, address, e-mail address of the hosting provider:
Shopify Inc., 150 Elgin Street, Suite 800, Ottawa, Ontario, K2P 1L4., info@shopify.com
2. BASIC PROVISIONS:
2.1. Questions not regulated in these Terms and Conditions, as well as the interpretation of these Terms and Conditions, are governed by Hungarian law, in particular Act V of 2013 on the Civil Code ("Ptk") and certain issues of electronic commercial services and services related to the information society CVIII of 2001 (Elker. tv.) Act and 45/2014 on the detailed rules of contracts between the consumer and the business. (II. 26.) to the provisions of the Government Decree. Special products are governed by the relevant sectoral legal provisions. The mandatory provisions of the relevant legislation apply to the parties without special stipulations.
2.2. These GTC are effective from September 18, 2020 and will remain in effect until revoked. The Service Provider will publish the amendments to these Terms and Conditions on the website and notify registered and/or previously purchased Users of the change by e-mail. The amendments do not affect previously concluded contracts, i.e. the amendments do not have retroactive effect.
2.3. The service provider reserves all rights regarding the website, any part of it and the content appearing on it, as well as the distribution of the website. The downloading, electronic storage, processing and sale of the contents appearing on the website or any part thereof is prohibited without the written consent of the Service Provider.
2.4. The Service Provider is not responsible for the sale and purchase of products published on other websites that are not connected to the Service Provider and are not operated by the Service Provider.
3. REGISTRATION / PURCHASE
3.1. The user is obliged to provide his/her own, real data during the service request/order/subscription. In case of providing untrue data or data linked to another person during the service request/order/subscription, the resulting electronic contract is void, or if it hides another contract, the rights and obligations of the parties must be judged on the basis of the hidden contract. The Service Provider excludes its responsibility if the User uses its services on behalf of another person, with the data of another person.
3.2. The Service Provider shall not be held responsible for delivery delays or other problems or errors that can be traced back to wrongly and/or inaccurately provided data by the User. However, the Service Provider informs the Users that, after consultation with the User and clear identification, the wrongly entered data can be corrected in the order so that invoicing and delivery are not hindered.
3.3. The Service Provider is not liable for damages resulting from the User forgetting his or her password, or for unauthorized personswhich becomes accessible for reasons not attributable to the Service Provider (if there is registration on the site).
4. RANGE OF PRODUCTS, SERVICES AND PRICES THAT CAN BE PURCHASED
4.1. The displayed products can be ordered online (in some cases by phone) from the online store. The prices displayed for the products are in HUF, gross prices (therefore include the statutory 27% VAT, or if the Service Provider invoices without VAT, the prices are the amounts to be paid), but do not include fees related to delivery or payment. Separate packaging costs - will not be charged, unless the User requests decorative or other special packaging.
4.2. In the webshop, the Service Provider displays the name and description of the product in detail, and displays photos of the products (if possible).
4.3. If a promotional price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration. 4/2009 on the detailed rules for indicating the sales price and unit price of products, as well as the price of services. (I. 30.) NFGM-SZMM joint decree rules.
4.4. If, despite all the care taken by the Service Provider, an incorrect price appears on the website of the Online Store, or a price of "0" HUF or "1" HUF appears due to a system error, the Service Provider is not obliged to confirm the order at the incorrect price, but has the option of rejecting the offer and can offer confirmation of the correct price, knowing which the User has the right not to accept the modified offer. By wrong price we mean the price at which the entrepreneur does not have the contractual will to conclude the contract. Based on Act V of 2013 on the Civil Code (Ptk.), the contract is created by the mutual and unanimous expression of the will of the parties. If the parties cannot agree on the contractual terms, i.e. there is no declaration expressing the will of the parties mutually and unanimously, in that case we cannot speak of a validly concluded contract from which rights and obligations arise.
5. ORDER PROCESS
5.1. After registration, the user logs into the webshop/or can start shopping without registration.
5.2. User sets the number of products to be purchased.
5.3. The user places the selected products in the basket. The user can view the contents of the basket at any time by clicking on the "basket" icon.
5.4. If you don't want to buy an additional product, check the quantity of the product you want to buy. You can delete the contents of the basket by clicking the "delete - X" icon. To finalize the quantity, the User clicks on the "+,-" icon.
5.5. The user enters the delivery address and then the delivery/payment method, the types of which are as follows:
5.5.1. Payment methods:
Payment by cash on delivery: If the ordered product is delivered by courier service or to a parcel point, it is possible for the User to pay the total amount of the order to the courier or at the parcel point in cash or by bank card when receiving the ordered product(s).
Online by bank card: The User has the option to pay the total value of the order online by bank card through the secure payment system of the financial service provider used by the Service Provider.
Payment with Paypal.
The process of purchasing with Paypal:
The details of the transaction are displayed on the left side of the page, and on the right side
two choices:
a) If you have a PayPal registration, after entering a valid ID and password, you will see the partial data of the pre-specified bank card and the amount to be paid. If more than one card is registered, you must select the card with which you want to pay, then after selecting it, click on Pay Now and the payment will be made and will be returned shortly
to the store side.
b) If you do not have PayPal registration, it is possible to settle the amount with a Guest PayPal access after filling out a form, without having to register with PayPal. The form requests the following data (most of them must be filled in):
Country Country
Card number Card number Bank card number
Payment Types Payment type
Expiration date Expiry date - the expiry date of the bank card
in mm/yy order
CSC CSC code is on the back of the card
three-digit security code (above the signature field to the right);
First name First name
Last name Surname
Address line 1 Address1
Address line 2 (optional) Cím2 (entering this is optional)
City City
State/Province/Region County
Postal code Postal code
Telephone Telephone number - Please enter a real telephone number on which your bank can be reached if necessary. The country code and area code must be entered
Email address Confirmation of payment will be sent to the email address entered here. If you have filled in all the fields, press the "Review and Continue" button at the bottom of the page. Still hereyou can check the entered data, the amount to be paid and the order once.
If you find everything OK, approve the transaction. Within moments, you will receive a notification by e-mail about the successful transaction, at the same time the Service Provider will also receive the notification about the successful payment and will start processing the order.
5.5.2. Shipping cost (gross amounts):
HUF 3,000 / package
5.6. If there is an error or deficiency in the products or prices in the webshop, we reserve the right to make corrections. In such a case, we inform the customer of the new data immediately after the error is recognized or modified. After that, the user can confirm the order once more or withdraw from the contract.
5.7. The final amount to be paid includes all costs based on the summary of the order and the confirmation letter. User according to Ptk. 6:127. Pursuant to §, you are obliged to inspect the package without delay, preferably in front of the courier at the time of delivery, and in the event of possible damage to the products or packaging, you are obliged to request a report, in case of damage, you are not obliged to accept the package. If the User does not inspect the package, he commits a breach of contract and bears the consequences (difficulty in proving the condition of the product). The product(s) are delivered on working days between 8:00 and 17:00.
5.8. After entering the data, the User can send his order by clicking on the "order" button, but before that, he can check the entered data one more time, send a comment with his order, or send us an e-mail of any other wishes related to the order.
5.9. With the order, the user acknowledges that he is obligated to pay.
5.10. Correction of data entry errors: Before closing the order process, the user can always go back to the previous phase, where he can correct the entered data. In detail: During the order, it is possible to view and modify the contents of the basket, if the basket does not contain the quantity to be ordered, the User can enter the number of the quantity to be ordered in the data entry field in the quantity column. If the User wishes to delete the products in the basket, click the "X" "delete" button. During the order, the User always has the opportunity to correct/delete the entered data.
5.11. The user will receive a confirmation by e-mail after sending the order. If this confirmation is not received by the User within the expected deadline depending on the nature of the service, but no later than 48 hours after the User's order has been sent, the User shall be released from the binding offer or contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes available to him. The Service Provider excludes its responsibility for confirmation if the confirmation is not received on time because the User entered the wrong e-mail address during registration, or because the storage space belonging to the account is full, the User is unable to receive messages.
5.12. The user acknowledges that the confirmation described in the previous point is only an automatic confirmation and does not create a contract. The contract is created when the Service Provider notifies the User in a new e-mail about the details of the order and its expected fulfillment after the automatic confirmation mentioned in the previous point.
6. PROCESSING AND FULFILLMENT OF ORDERS
6.1. Orders are processed in the order of receipt on working days during working hours. It is also possible to place the order outside of the times marked as processing the order, if it is done after the end of working hours, it will be processed on the following working day. The service provider's customer service will always confirm electronically when it can fulfill your order.
6.2. General deadline, within 2-10 working days from the conclusion of the contract.
6.3. Based on the sales contract, the Service Provider is obliged to transfer the ownership of the item, and the User is obliged to pay the purchase price and take delivery of the item.
6.4. If the seller is a business and the buyer is a consumer, and the seller undertakes to deliver the item to the buyer, the risk of damage passes to the buyer when the buyer or a third party designated by him takes possession of the item. The risk of damage is transferred to the buyer upon handover to the carrier, if the carrier was commissioned by the buyer, provided that the carrier was not recommended by the seller.
6.5. In case of delay by the Service Provider, the User is entitled to set an additional deadline. If the seller does not perform within the additional deadline, the buyer is entitled to withdraw from the contract.
6.6. The User is entitled to withdraw from the contract without setting an additional deadline if
a) the Service Provider refused to perform the contract; obsession
b) your contract and according to the agreement of the parties or due to the recognizable purpose of the service, it should have been performed at the specified performance time - and not at any other time.
6.7. If the Service Provider does not fulfill its obligations under the contract because the product specified in the contract is not available, it is obliged to inform the User of this immediately, and to refund the amount paid by the User without delay, and the Service Provider is also obliged to ensure that the User enforces the other statutory remedies in case of faulty performance. rights.
6.8. The Service Provider draws the attention of the Users to the fact that if the User does not take delivery of the ordered product(s) performed in accordance with the contract (regardless of the payment method), he commits a breach of contract, precisely according to the Civil Code. 6:156. § (1) is in arrears.
This means that the Service Provider, based on the rules of non-mandatory management - if the Consumer does not indicate his intention to cancel (and does not make a statement as to whether he wishes to receive the ordered product(s)) - the storage related to the product(s) normal cost and the delivery cost (if there is a cash on delivery fee) (round trip) against the Users.
The Service Provider draws the attention of the Users to the fact that in order to enforce our legal demands arising in this way, it uses the help of its lawyers, so the payment of other (legal) costs arising from the breach of contract (including the fees of the payment order procedure) is also borne by the User.
7. RIGHT OF WITHDRAWAL
7.1. Directive 2011/83/EU of the European Parliament and the Council, as well as Regulation 45/2014 on the detailed rules of contracts between consumers and businesses. (II.26.) Pursuant to the regulations of the Government Decree, the Consumer has the right to cancel without giving reasons.
The consumer's right of withdrawal or termination
a) in the case of a contract for the sale of a product
aa) the product,
ab) when buying and selling several products, if each product is delivered at a different time, to the last delivered product,
ac) in the case of a product consisting of several lots or pieces, the last supplied lot or piece,
ad) if the product must be supplied regularly within a specified period, the first service,
it can be exercised within fourteen days from the date of receipt by the consumer or by a third party other than the carrier indicated by him.
If the Service Provider does not comply with this information, the 14-day withdrawal period will be extended by twelve months. If the Service Provider provides the information after the expiration of 14 days from the date of receipt of the product or the date of conclusion of the contract, but within 12 months, the deadline for withdrawal is 14 days from the date of communication of this information.
7.2. The Consumer can exercise his right of withdrawal with a clear statement to this effect, or pursuant to Art. 45/2014. (II.26.) by means of a declaration model specified in Annex 2 of the Government Decree.
7.3. The period open for exercising the right of withdrawal expires 14 days after the day on which the Consumer, or a third party indicated by him, other than the carrier, receives the product.
7.4. The consumer can also exercise his right of withdrawal in the period between the date of conclusion of the contract and the day of receipt of the product.
7.5. The cost of returning the product must be borne by the Consumer, the Service Provider did not undertake to bear this cost.
7.6. In the case of exercising the right of withdrawal, the Consumer will not be charged any costs other than the cost of returning the product.
7.7. The Consumer is not entitled to the right of withdrawal in the case of a non-pre-manufactured product that was produced based on the Consumer's instructions or at his express request, or in the case of a product that was clearly tailored to the consumer.
7.8. The Consumer may also not exercise his right of withdrawal
the. in the case of a contract for the provision of services, after the completion of the service as a whole, if the company began the performance with the express, prior consent of the Consumer, and the Consumer acknowledged that he loses his right of termination after the completion of the service as a whole;
b. with regard to a product or service, the price or fee of which depends on the possible fluctuation of the money market, which cannot be influenced by the company, even during the deadline for exercising the right of withdrawal;
c. regarding a perishable product or a product that retains its quality for a short time;
d. with regard to a product with closed packaging, which cannot be returned after being opened after delivery for reasons of health protection or hygiene;
e. with regard to a product which, due to its nature, is inseparably mixed with another product after delivery;
f. with regard to an alcoholic beverage whose actual value depends on market fluctuations in a way that cannot be influenced by the company, and whose price was agreed upon by the parties when concluding the sales contract, however the performance of the contract will only take place after the thirtieth day from the date of conclusion;
g. in the case of a business contract in which the business visits the Consumer at the express request of the Consumer in order to carry out urgent repair or maintenance work;
h. with regard to the sale and purchase of audio and video recordings in sealed packaging, as well as copies of computer software, if the Consumer has opened the packaging after the transfer;
i. with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;
j. in the case of contracts concluded at a public auction;
k. with the exception of housing services, in the case of a contract for the provision of accommodation, transport, car rental, catering or a service related to leisure activities, if a deadline or deadline for performance defined in the contract has been agreed;
l. with regard to the digital data content provided on a non-material data carrier, if the business has begun performance with the express, prior consent of the Consumer, and at the same time as this consent the Consumer has declared that he/she will lose his/her right of withdrawal after the commencement of performance.
7.9. The service provider will refund the entire amount paid by the consumer as compensation, including the costs incurred in connection with the performance, immediately, but no later than fourteen days after the company becomes aware of the cancellation of the absentee contract. At the same time, the Service Provider has the right of retention.
7.10. During the refund, the Service Provider uses a payment method identical to the payment method used during the original transaction, unless the Consumer expressly consents to the use of another payment method; due to the application of this refund method, the Consumer will not be charged any additional costs.
7.11. The consumer is obliged to return the goods without undue delay, but in no case later than 14 days from the date of sending the notice of withdrawal from the contract to the Service Provider, or deliver them to the Service Provider's address.
7.12. In the case of written cancellation, the consumer must send the cancellation statement within 14 days.
7.13. The consumer complies with the deadline if he returns or hands over the product(s) before the end of the 14-day period. The return is deemed completed within the deadline if the Consumer sends the product before the deadline.
7.14. The consumer bears only the direct cost of returning the product.
7.15. The Service Provider is not obliged to reimburse the Consumer for the additional costs resulting from the choice of a delivery method other than the cheapest standard delivery method offered by the Service Provider.
7.16. The Service Provider may withhold the refund until the goods(s) have been returned, or the Consumer has not provided proof that they have been returned: the earlier of the two dates shall be taken into account.
7.17. If the Consumer wishes to exercise his right of withdrawal, he can do so in writing (using the attached statement), by telephone, or even in person at one of the Service Provider's contacts. In the case of a written notification by post, we take into account the time it was sent to the post, and in the case of a telephone notification, the time it was sent by telephone. The Consumer can return the ordered product to the Service Provider by post, in person, or with the help of a courier service.
7.18. The Consumer is only responsible for depreciation resulting from use exceeding the use necessary to determine the nature, properties and operation of the product.
7.19. 45/2014 on the detailed rules of contracts between the consumer and the business. (II.26.) Government decree is available here.
7.20. Directive 2011/83/EU of the European Parliament and of the Council is available here.
7.21. The consumer can also contact the Service Provider with other complaints at the contact details provided in these Regulations.
7.22. The right of withdrawal applies only to Users who qualify as Consumers according to the Civil Code.
7.23. The right of withdrawal does not belong to the company, i.e. a person who acts in the scope of his profession, independent occupation or business activity.
7.24. (Applicable only if the Service Provider also provides a service in addition to the sale.) If the Consumer terminates the absentee contract after the start of performance, he is obliged to pay the company a fee commensurate with the service performed up to the date of notification of the termination to the company. The amount to be paid proportionately by the Consumer shall be determined on the basis of the total amount of the consideration established in the contract plus tax. If the Consumer proves that the total amount determined in this way is excessively high, the contract will pay the proportionate amount shall be calculated based on the market value of the services performed up to the date of termination.
7.25. The procedure for exercising the right of withdrawal:
7.25.1. If the Consumer wishes to use the right of withdrawal, he must indicate his intention to withdraw via the contact details of the Service Provider.
7.25.2. The consumer exercises his right of withdrawal within the deadline if he sends his withdrawal statement before the end of the 14th day from the receipt of the product. In case of cancellation in writing, it is enough to send the cancellation statement within 14 days. In the case of notification by post, the date of mailing is taken into account, in the case of notification by email, the time of sending the email.
7.25.3. In case of cancellation, the Consumer is obliged to return the ordered product to the Service Provider's address without delay, but no later than within 14 days from the notification of the cancellation statement, or hand it over to the service provider. The deadline is considered met if you send the product before the 14-day deadline (so it does not have to arrive within 14 days). The customer bears the costs incurred in connection with the return of the goods due to the exercise of the right of withdrawal.
7.25.4. However, the Service Provider is not obliged to reimburse the Consumer for the additional costs resulting from the choice of a delivery method other than the cheapest standard delivery method offered by the Service Provider. The Consumer also exercises his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the product.
7.25.5. When buying and selling several products, if the individual products are delivered at different times, the customer can exercise the right of withdrawal within 14 days of receiving the last delivered product or product consisting of several items or pieces.
8. WARRANTY, WARRANTY
Defective performance
A service provider performs incorrectly if, at the time of performance, the service does not meet the quality requirements established in the contract or legislation. The Service Provider does not perform incorrectly if the rightholder knew the error at the time of the conclusion of the contract, or should have known of the error at the time of the conclusion of the contract.
In the contract between the consumer and the company, the stipulation that deviates from the provisions of this chapter on accessory warranty and warranty to the disadvantage of the consumer is void.
Multiple warranty rights are only available to Users who qualify as consumers according to the Civil Code.
User who is a business: a person who acts in the scope of his profession, independent occupation or business activity.
Accessories warranty
8.1. In what cases can the User exercise his accessory warranty right?
In the event of defective performance by the Service Provider, the User may assert a warranty claim against the Service Provider in accordance with the rules of the Civil Code.
8.2. What rights does the User have based on his accessory warranty claim?
The User may - at his or her choice - make use of the following accessory warranty claims: he or she may request repair or replacement, unless the fulfillment of the claim chosen by the User is impossible or would involve disproportionate additional costs for the company compared to the fulfillment of other demands. If you did not, or could not, request the repair or replacement, you may request a proportional reduction of the compensation or, as a last resort, you may withdraw from the contract. You can switch from your chosen accessory warranty right to another one, but the cost of the switch is borne by the User, unless it was justified or the company provided a reason for it.
The Consumer is also entitled - in accordance with the severity of the breach of contract - to request a proportional delivery of compensation or to terminate the sales contract if
a) the company did not carry out the repair or replacement, or did it, but did not carry out partial or complete decommissioning and re-commissioning, or refused to make the goods conform to the contract;
b) a repeated performance error occurred, despite the fact that the company attempted to make the goods conform to the contract;
c) the performance error is so serious that it justifies an immediate price reduction or the immediate termination of the sales contract; obsession
d) the business has not undertaken to make the goods conform to the contract, or it is clear from the circumstances that the business will not make the goods conform to the contract within a reasonable time or without significant damage to the interests of the Consumer.
If the Consumer wishes to terminate the sales contract citing faulty performance, the company bears the burden of proving that the fault is insignificant.
The Consumer is entitled to withhold the remaining part of the purchase price - depending on the severity of the breach of contract - in whole or in part, until the company fulfills its obligations related to the conformity of the performance with the contract and defective performance.
To repair or replace the goods a reasonable deadline shall be calculated from the time when the Consumer communicated the error to the company.
The consumer must make the goods available to the company in order to complete the repair or replacement.
In the case of a contract between a consumer and a business, the business must ensure the return of the exchanged goods at its own expense. If the repair or replacement requires the removal of goods that were put into operation in accordance with the nature and purpose of the goods - before the defect became detectable - then the obligation to repair or replace includes the removal of the non-conforming goods and the commissioning of the replaced or repaired goods placing or bearing the costs of removal or commissioning.
Delivery of compensation is proportional if its amount is equal to the difference between the value of the goods that the Consumer is entitled to in the case of contractual performance and the value of the goods actually received by the Consumer.
The Consumer's right to terminate the sales contract can be exercised with a legal statement addressed to the company expressing the decision to terminate.
If the defective performance affects only a specific part of the goods supplied under the sales contract, and the conditions for exercising the right to terminate the contract exist in respect of them, the Consumer may terminate the sales contract only with regard to the defective goods, but also with respect to any other goods acquired together with them. may terminate it if the Consumer cannot reasonably be expected to keep only goods that conform to the contract.
If the Consumer terminates the sales contract in its entirety or with respect to a part of the goods supplied under the sales contract, then
a) the Consumer must return the affected goods to the company at the company's expense; and
b) the company must immediately reimburse the Consumer for the purchase price paid for the goods concerned, as soon as it has received the goods or the certificate supporting the return of the goods.
8.3. What is the time limit for the User to assert his accessory warranty claim?
The user (if he is considered a consumer) is obliged to report the error immediately after its discovery, but no later than within two months from the discovery of the error. At the same time, we would like to draw your attention to the fact that you can no longer assert your accessory warranty rights beyond the two-year statute of limitations (1 year in the case of a business or used products) from the completion of the contract. (In the case of products with an expiration date, the accessory warranty can be enforced until the end of the expiration date).
If, in the case of goods containing digital elements, the sales contract provides for the continuous provision of digital content or digital services over a specified period of time, the company is liable for a defect in the goods related to digital content or digital service, if the defect
a) within two years from the delivery of the goods in the case of continuous service of a duration not exceeding two years; obsession
b) in the case of continuous service exceeding two years, during the entire duration of continuous service
occurs or becomes recognizable.
8.4. Who can you enforce your accessory warranty claim against?
The User can enforce his accessories warranty claim against the Service Provider.
8.5. What other conditions are there for asserting your accessory warranty rights (if the User is considered a consumer)?
Within 1 year from the date of delivery, there is no other condition for validating the accessory warranty claim, apart from reporting the defect, if the User proves that the product or service was provided by the company operating the webshop. However, after 1 year from the date of performance, the User is obliged to prove that the error recognized by the User was already present at the time of performance.
Product warranty
8.6. In what cases can the User exercise his product warranty right?
In the event of a defect in a movable object (product), the User may - at his or her choice - enforce a warranty claim for accessories or a product warranty.
8.7. What rights does the User have based on his product warranty claim?
As a product warranty claim, the User may only request the repair or replacement of the defective product.
8.8. In which case is the product considered defective?
The product is defective if it does not meet the quality requirements in force at the time it was placed on the market, or if it does not have the properties described by the manufacturer.
8.9. In what time frame can the User enforce his product warranty claim?
The User may assert a product warranty claim within two years of the product being placed on the market by the manufacturer. After this deadline, you will lose this right.
8.10. Against whom and under what other conditions can you assert warranty claim?
You can only exercise your product warranty claim against the manufacturer or distributor of the movable item. The User must prove the defect of the product in the event of a product warranty claim.
8.11. In what cases is the manufacturer (distributor) exempt from product warranty obligations?
The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:
– the product was not manufactured or marketed as part of its business activities, or
- the defect was not recognizable according to the state of science and technology at the time of placing it on the market or
- the defect of the product results from the application of legislation or mandatory official regulations.
It is sufficient for the manufacturer (distributor) to prove one reason for exemption.
View / download in PDF format: View / download
Last update date: 16.01.2023
ABZMOTORSHOP.COM LLC
Abzmotorshop.com
General terms and conditions
A contract created on the basis of this document is not filed (it is not accessible afterwards, the conclusion of the contract is proven by the order data), it is created with a legal declaration made with indicative behavior, it is not considered a written contract, it is written in Hungarian, and it does not refer to a code of conduct. If you have any questions about the operation of the webshop, the ordering and delivery process, we are available at the contact details provided.
The scope of these GTC covers legal relationships on the Service Provider's website (https://abzmotorshop.com/) and its subdomains. These Terms and Conditions are continuously available (and can be downloaded and printed at any time) from the following website: https://abzmotorshop.com/aszf.
Definitions:
User: Any natural, legal person or organization that uses the services of the Service Provider and enters into a contract with the Service Provider.
Consumer: A User who is a natural person acting outside the scope of his profession, independent occupation or business activity.
Business: A person acting in the scope of his profession, independent occupation or business activity.
Service Provider: A natural or legal person or an organization without legal personality that provides services related to the information society, who provides services to the User and who enters into a contract with the User.
1. SERVICE PROVIDER DATA:
Name of the service provider: Multi-Performance Kft.
The seat of the service provider (and also the place of complaint handling): 2230 Gyömrő, Szt. István u. 38.
The service provider's contact information and regularly used electronic mail address for contacting users: abz@abzmotortuning.com
Company registration number/registration number of the service provider: 1309071044
Tax number of the service provider: 12079724-2-13
Name of registering authority / licensing authority and license number (if any): Pest County Court
The service provider's phone number: +3670-5117109
Language of the contract: Hungarian
Name, address, e-mail address of the hosting provider:
Shopify Inc., 150 Elgin Street, Suite 800, Ottawa, Ontario, K2P 1L4., info@shopify.com
2. BASIC PROVISIONS:
2.1. Questions not regulated in these Terms and Conditions, as well as the interpretation of these Terms and Conditions, are governed by Hungarian law, in particular Act V of 2013 on the Civil Code ("Ptk") and certain issues of electronic commercial services and services related to the information society CVIII of 2001 (Elker. tv.) Act and 45/2014 on the detailed rules of contracts between the consumer and the business. (II. 26.) to the provisions of the Government Decree. Special products are governed by the relevant sectoral legal provisions. The mandatory provisions of the relevant legislation apply to the parties without special stipulations.
2.2. These GTC are effective from September 18, 2020 and will remain in effect until revoked. The Service Provider will publish the amendments to these Terms and Conditions on the website and notify registered and/or previously purchased Users of the change by e-mail. The amendments do not affect previously concluded contracts, i.e. the amendments do not have retroactive effect.
2.3. The service provider reserves all rights regarding the website, any part of it and the content appearing on it, as well as the distribution of the website. The downloading, electronic storage, processing and sale of the contents appearing on the website or any part thereof is prohibited without the written consent of the Service Provider.
2.4. The Service Provider is not responsible for the sale and purchase of products published on other websites that are not connected to the Service Provider and are not operated by the Service Provider.
3. REGISTRATION / PURCHASE
3.1. The user is obliged to provide his/her own, real data during the service request/order/subscription. In case of providing untrue data or data linked to another person during the service request/order/subscription, the resulting electronic contract is void, or if it hides another contract, the rights and obligations of the parties must be judged on the basis of the hidden contract. The Service Provider excludes its responsibility if the User uses its services on behalf of another person, with the data of another person.
3.2. The Service Provider shall not be held responsible for delivery delays or other problems or errors that can be traced back to wrongly and/or inaccurately provided data by the User. However, the Service Provider informs the Users that, after consultation with the User and clear identification, the wrongly entered data can be corrected in the order so that invoicing and delivery are not hindered.
3.3. The Service Provider is not liable for damages resulting from the User forgetting his or her password, or for unauthorized personswhich becomes accessible for reasons not attributable to the Service Provider (if there is registration on the site).
4. RANGE OF PRODUCTS, SERVICES AND PRICES THAT CAN BE PURCHASED
4.1. The displayed products can be ordered online (in some cases by phone) from the online store. The prices displayed for the products are in HUF, gross prices (therefore include the statutory 27% VAT, or if the Service Provider invoices without VAT, the prices are the amounts to be paid), but do not include fees related to delivery or payment. Separate packaging costs - will not be charged, unless the User requests decorative or other special packaging.
4.2. In the webshop, the Service Provider displays the name and description of the product in detail, and displays photos of the products (if possible).
4.3. If a promotional price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration. 4/2009 on the detailed rules for indicating the sales price and unit price of products, as well as the price of services. (I. 30.) NFGM-SZMM joint decree rules.
4.4. If, despite all the care taken by the Service Provider, an incorrect price appears on the website of the Online Store, or a price of "0" HUF or "1" HUF appears due to a system error, the Service Provider is not obliged to confirm the order at the incorrect price, but has the option of rejecting the offer and can offer confirmation of the correct price, knowing which the User has the right not to accept the modified offer. By wrong price we mean the price at which the entrepreneur does not have the contractual will to conclude the contract. Based on Act V of 2013 on the Civil Code (Ptk.), the contract is created by the mutual and unanimous expression of the will of the parties. If the parties cannot agree on the contractual terms, i.e. there is no declaration expressing the will of the parties mutually and unanimously, in that case we cannot speak of a validly concluded contract from which rights and obligations arise.
5. ORDER PROCESS
5.1. After registration, the user logs into the webshop/or can start shopping without registration.
5.2. User sets the number of products to be purchased.
5.3. The user places the selected products in the basket. The user can view the contents of the basket at any time by clicking on the "basket" icon.
5.4. If you don't want to buy an additional product, check the quantity of the product you want to buy. You can delete the contents of the basket by clicking the "delete - X" icon. To finalize the quantity, the User clicks on the "+,-" icon.
5.5. The user enters the delivery address and then the delivery/payment method, the types of which are as follows:
5.5.1. Payment methods:
Payment by cash on delivery: If the ordered product is delivered by courier service or to a parcel point, it is possible for the User to pay the total amount of the order to the courier or at the parcel point in cash or by bank card when receiving the ordered product(s).
Online by bank card: The User has the option to pay the total value of the order online by bank card through the secure payment system of the financial service provider used by the Service Provider.
Payment with Paypal.
The process of purchasing with Paypal:
The details of the transaction are displayed on the left side of the page, and on the right side
two choices:
a) If you have a PayPal registration, after entering a valid ID and password, you will see the partial data of the pre-specified bank card and the amount to be paid. If more than one card is registered, you must select the card with which you want to pay, then after selecting it, click on Pay Now and the payment will be made and will be returned shortly
to the store side.
b) If you do not have PayPal registration, it is possible to settle the amount with a Guest PayPal access after filling out a form, without having to register with PayPal. The form requests the following data (most of them must be filled in):
Country Country
Card number Card number Bank card number
Payment Types Payment type
Expiration date Expiry date - the expiry date of the bank card
in mm/yy order
CSC CSC code is on the back of the card
three-digit security code (above the signature field to the right);
First name First name
Last name Surname
Address line 1 Address1
Address line 2 (optional) Cím2 (entering this is optional)
City City
State/Province/Region County
Postal code Postal code
Telephone Telephone number - Please enter a real telephone number on which your bank can be reached if necessary. The country code and area code must be entered
Email address Confirmation of payment will be sent to the email address entered here. If you have filled in all the fields, press the "Review and Continue" button at the bottom of the page. Still hereyou can check the entered data, the amount to be paid and the order once.
If you find everything OK, approve the transaction. Within moments, you will receive a notification by e-mail about the successful transaction, at the same time the Service Provider will also receive the notification about the successful payment and will start processing the order.
5.5.2. Shipping cost (gross amounts):
HUF 3,000 / package
5.6. If there is an error or deficiency in the products or prices in the webshop, we reserve the right to make corrections. In such a case, we inform the customer of the new data immediately after the error is recognized or modified. After that, the user can confirm the order once more or withdraw from the contract.
5.7. The final amount to be paid includes all costs based on the summary of the order and the confirmation letter. User according to Ptk. 6:127. Pursuant to §, you are obliged to inspect the package without delay, preferably in front of the courier at the time of delivery, and in the event of possible damage to the products or packaging, you are obliged to request a report, in case of damage, you are not obliged to accept the package. If the User does not inspect the package, he commits a breach of contract and bears the consequences (difficulty in proving the condition of the product). The product(s) are delivered on working days between 8:00 and 17:00.
5.8. After entering the data, the User can send his order by clicking on the "order" button, but before that, he can check the entered data one more time, send a comment with his order, or send us an e-mail of any other wishes related to the order.
5.9. With the order, the user acknowledges that he is obligated to pay.
5.10. Correction of data entry errors: Before closing the order process, the user can always go back to the previous phase, where he can correct the entered data. In detail: During the order, it is possible to view and modify the contents of the basket, if the basket does not contain the quantity to be ordered, the User can enter the number of the quantity to be ordered in the data entry field in the quantity column. If the User wishes to delete the products in the basket, click the "X" "delete" button. During the order, the User always has the opportunity to correct/delete the entered data.
5.11. The user will receive a confirmation by e-mail after sending the order. If this confirmation is not received by the User within the expected deadline depending on the nature of the service, but no later than 48 hours after the User's order has been sent, the User shall be released from the binding offer or contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes available to him. The Service Provider excludes its responsibility for confirmation if the confirmation is not received on time because the User entered the wrong e-mail address during registration, or because the storage space belonging to the account is full, the User is unable to receive messages.
5.12. The user acknowledges that the confirmation described in the previous point is only an automatic confirmation and does not create a contract. The contract is created when the Service Provider notifies the User in a new e-mail about the details of the order and its expected fulfillment after the automatic confirmation mentioned in the previous point.
6. PROCESSING AND FULFILLMENT OF ORDERS
6.1. Orders are processed in the order of receipt on working days during working hours. It is also possible to place the order outside of the times marked as processing the order, if it is done after the end of working hours, it will be processed on the following working day. The service provider's customer service will always confirm electronically when it can fulfill your order.
6.2. General deadline, within 2-10 working days from the conclusion of the contract.
6.3. Based on the sales contract, the Service Provider is obliged to transfer the ownership of the item, and the User is obliged to pay the purchase price and take delivery of the item.
6.4. If the seller is a business and the buyer is a consumer, and the seller undertakes to deliver the item to the buyer, the risk of damage passes to the buyer when the buyer or a third party designated by him takes possession of the item. The risk of damage is transferred to the buyer upon handover to the carrier, if the carrier was commissioned by the buyer, provided that the carrier was not recommended by the seller.
6.5. In case of delay by the Service Provider, the User is entitled to set an additional deadline. If the seller does not perform within the additional deadline, the buyer is entitled to withdraw from the contract.
6.6. The User is entitled to withdraw from the contract without setting an additional deadline if
a) the Service Provider refused to perform the contract; obsession
b) your contract and according to the agreement of the parties or due to the recognizable purpose of the service, it should have been performed at the specified performance time - and not at any other time.
6.7. If the Service Provider does not fulfill its obligations under the contract because the product specified in the contract is not available, it is obliged to inform the User of this immediately, and to refund the amount paid by the User without delay, and the Service Provider is also obliged to ensure that the User enforces the other statutory remedies in case of faulty performance. rights.
6.8. The Service Provider draws the attention of the Users to the fact that if the User does not take delivery of the ordered product(s) performed in accordance with the contract (regardless of the payment method), he commits a breach of contract, precisely according to the Civil Code. 6:156. § (1) is in arrears.
This means that the Service Provider, based on the rules of non-mandatory management - if the Consumer does not indicate his intention to cancel (and does not make a statement as to whether he wishes to receive the ordered product(s)) - the storage related to the product(s) normal cost and the delivery cost (if there is a cash on delivery fee) (round trip) against the Users.
The Service Provider draws the attention of the Users to the fact that in order to enforce our legal demands arising in this way, it uses the help of its lawyers, so the payment of other (legal) costs arising from the breach of contract (including the fees of the payment order procedure) is also borne by the User.
7. RIGHT OF WITHDRAWAL
7.1. Directive 2011/83/EU of the European Parliament and the Council, as well as Regulation 45/2014 on the detailed rules of contracts between consumers and businesses. (II.26.) Pursuant to the regulations of the Government Decree, the Consumer has the right to cancel without giving reasons.
The consumer's right of withdrawal or termination
a) in the case of a contract for the sale of a product
aa) the product,
ab) when buying and selling several products, if each product is delivered at a different time, to the last delivered product,
ac) in the case of a product consisting of several lots or pieces, the last supplied lot or piece,
ad) if the product must be supplied regularly within a specified period, the first service,
it can be exercised within fourteen days from the date of receipt by the consumer or by a third party other than the carrier indicated by him.
If the Service Provider does not comply with this information, the 14-day withdrawal period will be extended by twelve months. If the Service Provider provides the information after the expiration of 14 days from the date of receipt of the product or the date of conclusion of the contract, but within 12 months, the deadline for withdrawal is 14 days from the date of communication of this information.
7.2. The Consumer can exercise his right of withdrawal with a clear statement to this effect, or pursuant to Art. 45/2014. (II.26.) by means of a declaration model specified in Annex 2 of the Government Decree.
7.3. The period open for exercising the right of withdrawal expires 14 days after the day on which the Consumer, or a third party indicated by him, other than the carrier, receives the product.
7.4. The consumer can also exercise his right of withdrawal in the period between the date of conclusion of the contract and the day of receipt of the product.
7.5. The cost of returning the product must be borne by the Consumer, the Service Provider did not undertake to bear this cost.
7.6. In the case of exercising the right of withdrawal, the Consumer will not be charged any costs other than the cost of returning the product.
7.7. The Consumer is not entitled to the right of withdrawal in the case of a non-pre-manufactured product that was produced based on the Consumer's instructions or at his express request, or in the case of a product that was clearly tailored to the consumer.
7.8. The Consumer may also not exercise his right of withdrawal
the. in the case of a contract for the provision of services, after the completion of the service as a whole, if the company began the performance with the express, prior consent of the Consumer, and the Consumer acknowledged that he loses his right of termination after the completion of the service as a whole;
b. with regard to a product or service, the price or fee of which depends on the possible fluctuation of the money market, which cannot be influenced by the company, even during the deadline for exercising the right of withdrawal;
c. regarding a perishable product or a product that retains its quality for a short time;
d. with regard to a product with closed packaging, which cannot be returned after being opened after delivery for reasons of health protection or hygiene;
e. with regard to a product which, due to its nature, is inseparably mixed with another product after delivery;
f. with regard to an alcoholic beverage whose actual value depends on market fluctuations in a way that cannot be influenced by the company, and whose price was agreed upon by the parties when concluding the sales contract, however the performance of the contract will only take place after the thirtieth day from the date of conclusion;
g. in the case of a business contract in which the business visits the Consumer at the express request of the Consumer in order to carry out urgent repair or maintenance work;
h. with regard to the sale and purchase of audio and video recordings in sealed packaging, as well as copies of computer software, if the Consumer has opened the packaging after the transfer;
i. with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;
j. in the case of contracts concluded at a public auction;
k. with the exception of housing services, in the case of a contract for the provision of accommodation, transport, car rental, catering or a service related to leisure activities, if a deadline or deadline for performance defined in the contract has been agreed;
l. with regard to the digital data content provided on a non-material data carrier, if the business has begun performance with the express, prior consent of the Consumer, and at the same time as this consent the Consumer has declared that he/she will lose his/her right of withdrawal after the commencement of performance.
7.9. The service provider will refund the entire amount paid by the consumer as compensation, including the costs incurred in connection with the performance, immediately, but no later than fourteen days after the company becomes aware of the cancellation of the absentee contract. At the same time, the Service Provider has the right of retention.
7.10. During the refund, the Service Provider uses a payment method identical to the payment method used during the original transaction, unless the Consumer expressly consents to the use of another payment method; due to the application of this refund method, the Consumer will not be charged any additional costs.
7.11. The consumer is obliged to return the goods without undue delay, but in no case later than 14 days from the date of sending the notice of withdrawal from the contract to the Service Provider, or deliver them to the Service Provider's address.
7.12. In the case of written cancellation, the consumer must send the cancellation statement within 14 days.
7.13. The consumer complies with the deadline if he returns or hands over the product(s) before the end of the 14-day period. The return is deemed completed within the deadline if the Consumer sends the product before the deadline.
7.14. The consumer bears only the direct cost of returning the product.
7.15. The Service Provider is not obliged to reimburse the Consumer for the additional costs resulting from the choice of a delivery method other than the cheapest standard delivery method offered by the Service Provider.
7.16. The Service Provider may withhold the refund until the goods(s) have been returned, or the Consumer has not provided proof that they have been returned: the earlier of the two dates shall be taken into account.
7.17. If the Consumer wishes to exercise his right of withdrawal, he can do so in writing (using the attached statement), by telephone, or even in person at one of the Service Provider's contacts. In the case of a written notification by post, we take into account the time it was sent to the post, and in the case of a telephone notification, the time it was sent by telephone. The Consumer can return the ordered product to the Service Provider by post, in person, or with the help of a courier service.
7.18. The Consumer is only responsible for depreciation resulting from use exceeding the use necessary to determine the nature, properties and operation of the product.
7.19. 45/2014 on the detailed rules of contracts between the consumer and the business. (II.26.) Government decree is available here.
7.20. Directive 2011/83/EU of the European Parliament and of the Council is available here.
7.21. The consumer can also contact the Service Provider with other complaints at the contact details provided in these Regulations.
7.22. The right of withdrawal applies only to Users who qualify as Consumers according to the Civil Code.
7.23. The right of withdrawal does not belong to the company, i.e. a person who acts in the scope of his profession, independent occupation or business activity.
7.24. (Applicable only if the Service Provider also provides a service in addition to the sale.) If the Consumer terminates the absentee contract after the start of performance, he is obliged to pay the company a fee commensurate with the service performed up to the date of notification of the termination to the company. The amount to be paid proportionately by the Consumer shall be determined on the basis of the total amount of the consideration established in the contract plus tax. If the Consumer proves that the total amount determined in this way is excessively high, the contract will pay the proportionate amount shall be calculated based on the market value of the services performed up to the date of termination.
7.25. The procedure for exercising the right of withdrawal:
7.25.1. If the Consumer wishes to use the right of withdrawal, he must indicate his intention to withdraw via the contact details of the Service Provider.
7.25.2. The consumer exercises his right of withdrawal within the deadline if he sends his withdrawal statement before the end of the 14th day from the receipt of the product. In case of cancellation in writing, it is enough to send the cancellation statement within 14 days. In the case of notification by post, the date of mailing is taken into account, in the case of notification by email, the time of sending the email.
7.25.3. In case of cancellation, the Consumer is obliged to return the ordered product to the Service Provider's address without delay, but no later than within 14 days from the notification of the cancellation statement, or hand it over to the service provider. The deadline is considered met if you send the product before the 14-day deadline (so it does not have to arrive within 14 days). The customer bears the costs incurred in connection with the return of the goods due to the exercise of the right of withdrawal.
7.25.4. However, the Service Provider is not obliged to reimburse the Consumer for the additional costs resulting from the choice of a delivery method other than the cheapest standard delivery method offered by the Service Provider. The Consumer also exercises his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the product.
7.25.5. When buying and selling several products, if the individual products are delivered at different times, the customer can exercise the right of withdrawal within 14 days of receiving the last delivered product or product consisting of several items or pieces.
8. WARRANTY, WARRANTY
Defective performance
A service provider performs incorrectly if, at the time of performance, the service does not meet the quality requirements established in the contract or legislation. The Service Provider does not perform incorrectly if the rightholder knew the error at the time of the conclusion of the contract, or should have known of the error at the time of the conclusion of the contract.
In the contract between the consumer and the company, the stipulation that deviates from the provisions of this chapter on accessory warranty and warranty to the disadvantage of the consumer is void.
Multiple warranty rights are only available to Users who qualify as consumers according to the Civil Code.
User who is a business: a person who acts in the scope of his profession, independent occupation or business activity.
Accessories warranty
8.1. In what cases can the User exercise his accessory warranty right?
In the event of defective performance by the Service Provider, the User may assert a warranty claim against the Service Provider in accordance with the rules of the Civil Code.
8.2. What rights does the User have based on his accessory warranty claim?
The User may - at his or her choice - make use of the following accessory warranty claims: he or she may request repair or replacement, unless the fulfillment of the claim chosen by the User is impossible or would involve disproportionate additional costs for the company compared to the fulfillment of other demands. If you did not, or could not, request the repair or replacement, you may request a proportional reduction of the compensation or, as a last resort, you may withdraw from the contract. You can switch from your chosen accessory warranty right to another one, but the cost of the switch is borne by the User, unless it was justified or the company provided a reason for it.
The Consumer is also entitled - in accordance with the severity of the breach of contract - to request a proportional delivery of compensation or to terminate the sales contract if
a) the company did not carry out the repair or replacement, or did it, but did not carry out partial or complete decommissioning and re-commissioning, or refused to make the goods conform to the contract;
b) a repeated performance error occurred, despite the fact that the company attempted to make the goods conform to the contract;
c) the performance error is so serious that it justifies an immediate price reduction or the immediate termination of the sales contract; obsession
d) the business has not undertaken to make the goods conform to the contract, or it is clear from the circumstances that the business will not make the goods conform to the contract within a reasonable time or without significant damage to the interests of the Consumer.
If the Consumer wishes to terminate the sales contract citing faulty performance, the company bears the burden of proving that the fault is insignificant.
The Consumer is entitled to withhold the remaining part of the purchase price - depending on the severity of the breach of contract - in whole or in part, until the company fulfills its obligations related to the conformity of the performance with the contract and defective performance.
To repair or replace the goods a reasonable deadline shall be calculated from the time when the Consumer communicated the error to the company.
The consumer must make the goods available to the company in order to complete the repair or replacement.
In the case of a contract between a consumer and a business, the business must ensure the return of the exchanged goods at its own expense. If the repair or replacement requires the removal of goods that were put into operation in accordance with the nature and purpose of the goods - before the defect became detectable - then the obligation to repair or replace includes the removal of the non-conforming goods and the commissioning of the replaced or repaired goods placing or bearing the costs of removal or commissioning.
Delivery of compensation is proportional if its amount is equal to the difference between the value of the goods that the Consumer is entitled to in the case of contractual performance and the value of the goods actually received by the Consumer.
The Consumer's right to terminate the sales contract can be exercised with a legal statement addressed to the company expressing the decision to terminate.
If the defective performance affects only a specific part of the goods supplied under the sales contract, and the conditions for exercising the right to terminate the contract exist in respect of them, the Consumer may terminate the sales contract only with regard to the defective goods, but also with respect to any other goods acquired together with them. may terminate it if the Consumer cannot reasonably be expected to keep only goods that conform to the contract.
If the Consumer terminates the sales contract in its entirety or with respect to a part of the goods supplied under the sales contract, then
a) the Consumer must return the affected goods to the company at the company's expense; and
b) the company must immediately reimburse the Consumer for the purchase price paid for the goods concerned, as soon as it has received the goods or the certificate supporting the return of the goods.
8.3. What is the time limit for the User to assert his accessory warranty claim?
The user (if he is considered a consumer) is obliged to report the error immediately after its discovery, but no later than within two months from the discovery of the error. At the same time, we would like to draw your attention to the fact that you can no longer assert your accessory warranty rights beyond the two-year statute of limitations (1 year in the case of a business or used products) from the completion of the contract. (In the case of products with an expiration date, the accessory warranty can be enforced until the end of the expiration date).
If, in the case of goods containing digital elements, the sales contract provides for the continuous provision of digital content or digital services over a specified period of time, the company is liable for a defect in the goods related to digital content or digital service, if the defect
a) within two years from the delivery of the goods in the case of continuous service of a duration not exceeding two years; obsession
b) in the case of continuous service exceeding two years, during the entire duration of continuous service
occurs or becomes recognizable.
8.4. Who can you enforce your accessory warranty claim against?
The User can enforce his accessories warranty claim against the Service Provider.
8.5. What other conditions are there for asserting your accessory warranty rights (if the User is considered a consumer)?
Within 1 year from the date of delivery, there is no other condition for validating the accessory warranty claim, apart from reporting the defect, if the User proves that the product or service was provided by the company operating the webshop. However, after 1 year from the date of performance, the User is obliged to prove that the error recognized by the User was already present at the time of performance.
Product warranty
8.6. In what cases can the User exercise his product warranty right?
In the event of a defect in a movable object (product), the User may - at his or her choice - enforce a warranty claim for accessories or a product warranty.
8.7. What rights does the User have based on his product warranty claim?
As a product warranty claim, the User may only request the repair or replacement of the defective product.
8.8. In which case is the product considered defective?
The product is defective if it does not meet the quality requirements in force at the time it was placed on the market, or if it does not have the properties described by the manufacturer.
8.9. In what time frame can the User enforce his product warranty claim?
The User may assert a product warranty claim within two years of the product being placed on the market by the manufacturer. After this deadline, you will lose this right.
8.10. Against whom and under what other conditions can you assert warranty claim?
You can only exercise your product warranty claim against the manufacturer or distributor of the movable item. The User must prove the defect of the product in the event of a product warranty claim.
8.11. In what cases is the manufacturer (distributor) exempt from product warranty obligations?
The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:
– the product was not manufactured or marketed as part of its business activities, or
- the defect was not recognizable according to the state of science and technology at the time of placing it on the market or
- the defect of the product results from the application of legislation or mandatory official regulations.
It is sufficient for the manufacturer (distributor) to prove one reason for exemption.