Fogyasztóvédelmi tájékoztató

Consumer protection information

 

1. Service provider

We would like to inform you that the online store available at www.pashmina4you is

Company name: József Kovács e.v.

Public number: 58631487

Tax number: 48323718-1-27

Headquarters: Dunaújváros, 12 Kőris u. fszt. 6

Phone: 06307333603

Email address: cantheshop@gmail.com

(hereinafter: Service Provider) operates.

 

2. Defective performance

The company performs incorrectly if the service or product does not meet the quality requirements established in the contract or legislation at the time of performance.

The company does not perform incorrectly if you were aware of 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.

It must be assumed that, within six months of the performance, the defect that you recognize already existed at the time of performance, unless this assumption is incompatible with the nature of the matter or the nature of the defect. In practice, all of this means that in the event of an error detected within six months, the burden of proof rests with the company.

 

3. Accessories warranty

In the event of faulty performance by the Service Provider, you can assert a warranty claim against the company in accordance with the rules of the Civil Code.

You can - according to your choice - make use of the following accessory warranty claims:

You can request a repair or replacement, unless the fulfillment of the request you choose is impossible or would involve disproportionate additional costs for the company compared to the fulfillment of another request. If you did not or could not request the repair or replacement, you can request a proportional reduction of the compensation, or you can repair the defect at the company's expense, or you can have it repaired by someone else, or - in the last case - you can also withdraw from the contract.You can transfer from your chosen accessory warranty right to another, but you will bear the cost of the transfer, unless it was justified or the company gave a reason for it.You are obliged to report the error immediately after discovering it, but no later than within two months of discovering 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 limitation period from the completion of the contract. In the case of a used item, this deadline is one year.Within six months from the date of delivery, there is no other condition for asserting your warranty claim for accessories other than reporting the defect, if you prove that the product or service was provided by the Service Provider. However, after six months have passed since the performance, you are already obliged to prove that the defect you recognized was already present at the time of performance. 4. Product warrantyIn the event of a defect in a movable thing (product), you may exercise your right or product warranty claim as specified in point 3, as you choose.As a product warranty claim, you can only request the repair or replacement of the defective product.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.You can assert your 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.You may only exercise your product warranty claim against the manufacturer or distributor of the movable item. You must prove the defect of the product in the event of a product warranty claim.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 could not be recognized 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.Please note that due to the same defect, you cannot assert a claim for accessory warranty and product warranty at the same time, in parallel with each other. However, if your product warranty claim is successfully asserted, you can assert your accessory warranty claim for the replaced product or repaired part against the manufacturer. 5. Warranty5.1. Mandatory warrantyIn case of faulty performance, Act V of 2013 on the Civil Code, Act 151/2003 on the mandatory warranty for certain consumer durables. (IX. 22.) Government Decree 19/2014 on the procedural rules for managing warranty and guarantee claims for items sold under a contract between a consumer and a business. (IV. 29.) Based on the NGM Decree (hereinafter: NGM Decree), the Service Provider is obliged to provide a warranty for the products sold by it 151/2003. (IX. 22.) with regard to consumer durables covered by the Government Decree. The list of consumer durables can be found in the 151/2003. (IX. 22.) is included in the annex of the Government Decree, the text of the decree in force at all times can be accessed at the following link:http://net.jogtar.hu/jr/gen/hjegy_doc.cgi?docid=a0300151.kor/. In the case of products outside of these, there is no statutory warranty obligation.151/2003. (IX. 22.) In the case of new consumer durables covered by the Government Decree, the Service Provider must attach the warranty card. The warranty period is one year.If the purchased product is in accordance with the 151/2003. (IX. 22.) new durable consumer goods under the scope of government decree, and the purchased product fails during the one-year mandatory warranty period, you can assert the same claims against the Service Provider as in the case of the accessories warranty. In this way, you have the option - according to the order specified in point 3 - to request a repair, replacement or price reduction. If the Service Provider did not undertake the repair or replacement, it cannot fulfill this obligation under the conditions set out in the law, or if you no longer have any interest in the repair or replacement, you are entitled to withdraw from the contract.If there is a warranty for a purchased product, the warranty rights and the rights arising from the warranty can be asserted in parallel.The service provider is exempted from its warranty obligation only if it proves that the cause of the defect arose after performance.We would like to draw your attention to the fact that due to the same defect, you cannot assert a claim for accessory warranty and warranty, or a claim for product warranty and warranty at the same time, in parallel with each other, otherwise you are entitled to the rights arising from the warranty regardless of the rights defined in points 3 and 4. 6. Right of Withdrawal/TerminationIn the case of a product order, you have the right to withdraw from the contract within 14 days without giving reasons. Similarly, in the case of a contract for the provision of services, if the performance of the contract has begun, you have the right to terminate the contract without giving reasons within 14 days.The cancellation deadline:A. in the case of a contract for the sale of a product: it expires 14 days after the day on which you or a third party designated by you, other than the carrier, receives the product;B. when providing several products: it expires 14 days after the day on which you or a third party indicated by you other than the carrier receives the last product;C. when delivering a product consisting of several items or pieces: in which you or a third party indicated by you, other than the carrier, receives the last item or piece;D. and in the case of points A), B), and C), the User may also exercise his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the product.With regard to the services, you do not have the right to cancel if the Service Provider has started the performance with your express, prior consent, and you have declared at the same time as this consent that you will lose your right to cancel after the start of the performance.You can announce your withdrawal/termination statement in any way, either verbally or in writing.If you wish to exercise your right of withdrawal/termination, you must send or notify a clear statement of your intention to withdraw to one of the following contact details:Recipient: *Postal address: *Email: *For this purpose, you can also use the following withdrawal/termination statement sample:--Sample withdrawal/termination statement(fill in and return only in case of intention to withdraw/terminate the contract) Addressee:Mailing address:E-mail: The undersigned ………………………………………………………………………… declare that I exercise my right of withdrawal/termination of the contract for the sale of the following product(s) or the provision of the following service(s) regarding: Date of conclusion of contract / receipt of product:Name of the consumer:Address of the consumer:The consumer's signature (only in the case of a paper declaration):Dated:--You exercise your right of withdrawal/termination within the time limit if you send your written cancellation statement before the expiration of the above-mentioned deadline, or you announce it verbally on the last day of the deadline. You are responsible for proving that you have exercised your right of withdrawal/termination in accordance with what is written here and within the time limit.In the case of products with hygienic packaging, you may not exercise your right of withdrawal without justification after removing the product's hygienic packaging. Opening additional packaging other than hygienic packaging does not prevent the exercise of the right of withdrawal. In the case of products other than products with hygienic packaging, the exercise of the right of withdrawal is not precluded by the opened packaging and the use necessary to determine the nature, properties and operation of the product. Legal effects of withdrawal/terminationIf you withdraw from this contract or terminate the contract immediately, but no later than within 14 days from the date of receipt of your withdrawal/termination statement, we will refund all the consideration provided by you, including the shipping cost in the case of cancellation for the product (except for the additional costs due to (if you have chosen a transport method other than the cheapest standard transport method offered by us.) During the refund, we will use the same payment method as the payment method used during the original transaction, unless you specifically give your consent to use another payment method; you will not incur any additional costs due to the application of this refund method. We can withhold the refund until we have received the product back or you have not proven that you have returned it: the earlier of the two dates must be taken into account.In the case of a service, if you requested that the performance of the service begin within the withdrawal/termination period, in case of termination, you are obliged to reimburse the Service Provider for the amount due for the service performed proportionally until the date of termination of the contract. Similarly, the Service Provider will refund the part of the compensation provided by you that exceeds the consideration for the service provided by it.You are obliged to return or hand over the product to us without undue delay, but at the latest within 14 days from the date of communication of your statement of withdrawal. The deadline is considered met if you send the product before the 14-day deadline.You can only be held responsible for the decrease in value of the product if it occurred due to use exceeding the use necessary to determine the nature, properties and operation of the product. This provision can only be interpreted in the case of products other than products with hygienic packaging.You are responsible for arranging the return of the product and the cost of the return. You can also return the goods in person, after making a prior appointment with customer service.After the withdrawal/termination has been accepted and the goods have been taken back, settlement will take place, no later than 14 days from the date of acceptance of the withdrawal/termination. In the event of a cancellation regarding a product, the Service Provider must reimburse you the purchase price of the product affected by the cancellation and the cost of delivery, in the event of a cancellation regarding a service, the purchase price of the service affected by the cancellation. Exceptions to the right of withdrawal/termination:45/2014. (II. 26.) Pursuant to Section 29 (1) of Government Decree, the consumer may not exercise his right of withdrawal/termination:• in the case of a contract for the provision of a service, after the performance 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 to cancel after the performance of the service as a whole;• with regard to a product or service whose price or fee depends on the possible fluctuation of the money market, which cannot be influenced by the company, even during the withdrawal period;• in the case of a non-pre-manufactured product that was produced based on the User's instructions or at the express request of the User, or in the case of a product that was clearly tailored to the User;• with regard to a perishable product or a product that retains its quality for a short time;• with regard to a product with closed packaging, which cannot be returned after being opened after delivery for reasons of health protection or hygiene;• with regard to a product which, due to its nature, is inseparably mixed with another product after delivery;• with regard to an alcoholic beverage, the actual value of which depends on market fluctuations in a manner beyond the company's control, and the price of which was agreed upon by the parties when the sales contract was concluded, but the performance of the contract will only take place after the thirtieth day from the conclusion of the contract;• 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, except for services or products offered in addition to the services specifically requested by the consumer and the replacement parts used to carry out the maintenance or repair;• 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 delivery;• with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;• in the case of contracts concluded at a public auction;• with the exception of services for residential purposes, in the case of a contract for the provision of accommodation, transport, car rental, catering or service related to leisure activities, if a deadline or deadline for performance specified in the contract has been agreed;• with regard to digital data content provided on a non-tangible data carrier, if the business has started performance with the express, prior consent of the consumer, and the consumer has simultaneously declared with this consent that he/she will lose his/her right of withdrawal after the start of performance. 7. Complaint possibilities, dispute resolution forumsBelow, citing the relevant provisions of the general terms and conditions, we inform you about the options for filing complaints and resolving disputes. 7.1. The User may contact the Service Provider by mail or electronic mail with a complaint about the service of the Service Provider, the conduct, activity or omission of a member, employee or a person acting in the interest or benefit of the Service Provider directly related to the distribution or sale of the goods to consumers, or the quality of the goods:*Company namePostal address: *Email: *The service provider examines the verbal complaint immediately and remedies it immediately if necessary. If this is not possible, or if the User does not agree, or if the complaint is submitted in writing, the Service Provider will respond in writing within thirty days at the latest. 7.2. Possibility of turning to a conciliation bodyThe user (consumer) can also request a conciliation board procedure free of charge in relation to the quality and safety of the product, the application of the product liability rules, the quality of the service, and the conclusion and performance of the contract between the parties.If the Consumer has a place of residence or residence in Hungary, the conciliation body operating alongside the county (capital) chambers of commerce and industry of this place of residence or residence is competent. The contact details of the conciliation bodies can be found at https://www.bekeltetes.hu/index.php?id=testuletek.In his request, the consumer may indicate a different conciliation body than the above.In Hungary, the Budapest Conciliation Board, operating under the Budapest Chamber of Commerce and Industry, is also authorized to act in legal disputes between cross-border consumers and traders related to online sales or service contracts. The contact details of the Budapest Conciliation Board, which operates alongside the Budapest Chamber of Commerce and Industry, can be found athttps://www.bekeltetes.hu/index.php?id=testuletek&pid=1&mid=1 and can be read here:Budapest Chamber of Commerce and IndustryBudapest Conciliation Board operating next toAddress: 1016 Budapest, Krisztina krt. 99. III. em. 310.Phone: +36 1 488 2186Fax: +36 1 488 2186E-mail: bekelteto.testulet@bkik.huWebsite: http://bekeltet.hu The conciliation body is an independent body operating alongside the county (capital) chambers of commerce and industry. Its remit includes the out-of-court settlement of consumer disputes on the above-mentioned topics: for this purpose, attempting to create a settlement, and in the event of this being unsuccessful, making a decision in the case in order to ensure simple, fast, efficient and cost-saving enforcement of consumer rights.At the request of the consumer or the business, the conciliation body provides advice on the rights and obligations of the consumer.7.3. If the User lives in the European Union, he/she can use the following online dispute resolution tool of the European Commission regarding his/her complaint regarding the product or service purchased on the Internet.The European Commission's online dispute resolution platformWebsite: https://webgate.ec.europa.eu/odrThis internet-based platform was created by the EU for consumers who want to complain about products or services they have bought online and ask a neutral third party (dispute body) to handle the complaint.You can find more information about the online dispute resolution platform and its use, as well as how to resolve disputes, on the website accessible by using the link above. 7.4. User with a complaint about the quality of the goods, a cross-border complaint about the behavior, activities or omissions of the Service Provider (its member, employee) or a person acting in its interest or for its benefit, the quality of the service, the application of liability rules to the European Consumer CenterEuropean Consumer CenterPostal address: 1440 Budapest Pf. 1.Phone: +36 1 896 7747Fax: +36 1 210 2538E-mail: info@magyarefk.huWebsite: https://www.magyarefk.hu/hu/elerhetosegek.html7.5. Supervision related to data managementThe user can exercise his legal rights in court and contact the National Data Protection and Freedom of Information Authority:National Data Protection and Freedom of Information AuthorityAddress: 1125 Budapest, Szilágyi Erzsébet fasor 22/c.Postal address: 1530 Budapest, Pf.: 5.Phone: +36 1 391 1400Fax: +36 1 391 1410E-mail: ugyfelszolgalat@naih.huWebsite: http://www.naih.hu/If the court is chosen, the lawsuit can also be initiated - at the choice of the concerned User - before the court of the residence or place of residence of the concerned user, since the adjudication of the lawsuit falls within the jurisdiction of the court.  30.10.2023 József Kovács ev.