Return and Refund Policy ⋆ ecce HOME

Information on the consumer's right of withdrawal

Consumers of the Ptk. According to Section 8:1(1)(3), only natural persons acting outside their trade, business or profession shall be considered to be: legal persons may not exercise the right of withdrawal without justification.

The consumer is subject to the provisions of 45/2014. (II. Pursuant to Section 20 of the Government Decree, you have the right to withdraw without giving any reason. The consumer's right of withdrawal

a) In the case of a contract for the sale of goods
(aa) the Goods,
(ab) in the case of the sale of several Goods, if the individual Goods are supplied at a different time, to the last Goods supplied,
(ac) in the case of goods consisting of several lots or pieces, to the last lot or piece supplied,
(ad) if the goods have to be supplied regularly within a specified period, the first service,
within a period of time from the date of receipt by the consumer or a third party other than the carrier indicated by the consumer, which shall be: 14 calendar days.

This clause shall not affect the consumer's right to exercise the right of withdrawal provided for in this clause during the period between the date of conclusion of the contract and the date of receipt of the Goods.

If the consumer has made an offer for the conclusion of the contract, the consumer shall have the right to withdraw the offer before the conclusion of the contract, which shall terminate the validity of the offer for the conclusion of the contract.

If the Seller has not informed the consumer of the time limit and other conditions for exercising the right of withdrawal (in particular the provisions of Section 22 of the Government Decree) and the model declaration set out in Annex 2, the above-mentioned withdrawal period shall be extended by 12 months. If the Seller has provided the consumer with information on the exercise of the right of withdrawal within 12 months of the expiry of the withdrawal period, the withdrawal or termination period shall expire 14 days after the communication of this information.

Declaration of withdrawal, exercise of the right of withdrawal or termination by the consumer

The consumer is 45/2014. (II. 26.) may exercise the right provided for in Section 20 of the Government Decree by means of an unambiguous statement in this regard or by using a model statement which can also be downloaded from the website.

Validity of the consumer's declaration of withdrawal

The right of withdrawal shall be deemed to have been exercised within the time limit if the consumer sends his statement within the time limit.

In case of withdrawal or termination in writing, it is sufficient to send the declaration of withdrawal or termination within the deadline.

It shall be for the consumer to prove that he has exercised his right of withdrawal in accordance with this provision.

The Seller is obliged to confirm the consumer's declaration of withdrawal on an electronic data carrier after its receipt.

The Seller's obligations in the event of the consumer's withdrawal

The Seller's Refund Obligation

If the consumer is 45/2014. (II. 26.) in accordance with Article 22 of the Government Decree, the Seller shall refund the total amount paid by the consumer as consideration, including the costs incurred in connection with the performance, including the delivery fee, no later than fourteen days after becoming aware of the withdrawal. Please note that this provision does not apply to additional costs caused by choosing a mode of transport other than the least expensive standard mode of transport.

Method of the Seller's Refund Obligation

of 45/2014. (II. In the event of withdrawal or termination in accordance with Article 22 of the Government Decree, the Seller shall refund the amount due to the consumer in the same way as the payment method used by the consumer. With the express consent of the consumer, the Seller may use other means of payment for the refund, but the consumer shall not be charged any additional fee as a result. The Seller shall not be liable for any delay resulting from any incorrect and/or inaccurate bank account number or postal address provided by the Consumer.

Additional costs

If the consumer expressly chooses a mode of transport other than the least expensive standard mode of transport, the Seller shall not be obliged to reimburse the additional costs resulting therefrom. In such a case, we are obliged to refund up to the general shipping rates indicated.

Right of retention

The Seller may withhold the amount due to the consumer until the consumer has returned the Goods or has proved beyond reasonable doubt that he has returned them; the earlier of the two dates shall be taken into account. Shipments sent by cash on delivery or port are not accepted.

In the event of withdrawal or termination of the consumer's obligations

Return of the Goods

If the consumer is 45/2014. (II. In accordance with Section 22 of the Government Decree, the Seller shall return the Goods or hand them over to the Seller or to a person authorised by the Seller to receive the Goods without delay, but no later than fourteen days from the date of notification of the withdrawal. The return shall be deemed to have been completed within the time limit if the consumer sends the Goods before the expiry of the time limit.

Reimbursement of direct costs relating to the return of the Goods

The consumer bears the direct cost of returning the Goods. The Goods must be returned to the Seller's address. If the Seller sells the Goods on business premises and the consumer exercises his right of withdrawal in person at the business premises, he is entitled to return the goods to the business at the same time. If the consumer terminates the off-premises or distance contract for the provision of services after the commencement of the performance, the consumer shall be obliged to pay the undertaking a fee proportionate to the service provided up to the time when the termination is communicated to the undertaking. The amount payable by the consumer on a pro rata basis shall be determined on the basis of the total consideration agreed in the contract, plus tax. If the consumer proves that the total amount thus determined is excessive, the proportionate amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. Please note that we are not able to accept Goods returned by cash on delivery or by port.

Consumer Responsibility for Depreciation

The consumer shall be liable for any diminished value of the Goods resulting from use that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

The right of withdrawal may not be exercised in the following cases:

The Seller expressly draws your attention to the fact that you cannot exercise your right of withdrawal in accordance with Government Decree 45/2014 (II.26.) Korm. Section 29 of the Decree. in the cases referred to in paragraph 1:

after full performance of the service, but if the contract creates an obligation for the consumer to pay, the present exception can only be invoked if the performance started with the consumer's explicit prior consent and the consumer's acknowledgement that he will lose his right of withdrawal as soon as the business has fully performed the contract;
in respect of goods or services the price or charge of which is dependent on fluctuations in the financial market beyond the control of the undertaking, which may occur during the period laid down for the exercise of the right of withdrawal;
in the case of non-prefabricated Goods which have been produced on the instructions or at the express request of the consumer, or in the case of Goods which are clearly customised for the consumer;
perishable goods or goods which retain their quality for a short period of time;
in respect of sealed Goods which, for health protection or hygiene reasons, cannot be returned after opening after delivery (We warn you that, in respect of sealed goods which, for health protection or hygiene reasons, cannot be returned after opening after delivery, the use necessary to establish the nature, characteristics and functioning of the Goods will result in the loss of the right of withdrawal);
in respect of Goods which, by their nature, are inseparably combined with other Goods after delivery;
in respect of an alcoholic beverage the actual value of which depends on fluctuations in the market beyond the control of the undertaking and the price of which has been agreed upon by the parties at the time of the conclusion of the sales contract, but the contract is performed only after the thirtieth day following its conclusion;
in the case of a contract for the provision of services where the undertaking, at the express request of the consumer, contacts the consumer with a view to carrying out urgent repair or maintenance work;
in respect of the sale of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery;
newspapers, periodicals and periodicals, with the exception of subscription contracts;
in the case of contracts concluded at a public auction;
in the case of a contract for the provision of accommodation other than for residential purposes, transport, car rental, catering or services related to leisure activities, where a date or time limit for performance specified in the contract has been fixed;
in respect of digital content which is not supplied on a tangible medium, where the Seller has begun the performance with the consumer's express prior consent and the consumer has declared at the same time that he acknowledges that he will lose his right of withdrawal after the performance has begun, and the undertaking has sent the consumer a confirmation.

Information on product warranty and warranty for guaranteeing the conformity of goods for consumer contracts

This point of the consumer information was drawn up in accordance with Annex 3 to Government Decree No 45/2014 on the basis of the authorisation granted by Section 11(5) of Government Decree No 45/2014 of 26 February 2014.

The Consumer Information only applies to Buyers who are consumers, and the rules applicable to non-consumer buyers are set out in a separate chapter.

Requirements for conformity with the contract in the case of a consumer contract

Requirements for conformity with the contract for goods sold under a general consumer contract and for goods with a digital element

The Goods and the performance at the time of performance must comply with the provisions of Article 373/2021. (VI.30.) of the Government.

In order for the performance to be deemed to be in conformity with the contract, the goods which are the subject of the contract must be:

correspond to the description, quantity, quality, type and have the functionality, compatibility, interoperability and other contractual features specified in the contract
be fit for any purpose specified by the consumer, notified by the consumer to the Seller at the latest at the time of the conclusion of the contract, and accepted by the Seller
have all the accessories and instructions for use specified in the contract, including installation instructions, installation instructions and customer support, and
provide the updates specified in the contract.

In order for the performance to be deemed to be in conformity with the contract – and also for the goods which are the subject of the contract

be suitable for the purposes laid down in the applicable code of conduct in the absence of legislation, technical standards or technical standards for goods of the same type
have the quantity, quality, performance and other characteristics, in particular in terms of functionality, compatibility, accessibility, continuity and safety, that the Consumer can reasonably expect, which are normal for Goods of the same type, taking into account any public statement, in particular in an advertisement or on a label, by the Seller, his representative or another person in the distribution chain, regarding the specific characteristics of the Goods
have accessories and instructions, including packaging or instructions for putting into service, that the consumer can reasonably expect, and
conform to the characteristics and description of the Goods presented as samples, models or trial versions by the undertaking prior to the conclusion of the contract.

The Goods do not have to comply with the above public statement if the Seller proves that

He did not know the public statement and did not need to know it.
the public statement has already been corrected in an appropriate manner by the time of conclusion of the contract, or
the public statement could not influence the holder’s decision to conclude the contract.

Incorrect performance of the contract for the sale of goods

The Seller shall perform defectively if the defect in the goods is due to the improper installation of the goods, provided that:

a) the installation is part of the sales contract and is carried out by or under the responsibility of the Seller; or

the installation must have been carried out by the consumer and the incorrect installation is due to shortcomings in the installation instructions provided by the Seller or, in the case of goods with digital elements, by the supplier of the digital content or digital service.

If, in accordance with the sales contract, the goods are put into service by the Seller or the putting into service takes place under the Seller's responsibility, the performance shall be deemed to have been completed by the Seller when the putting into service has been completed.

Where, in the case of goods with digital elements, the sales contract provides for the continuous supply of the digital content or digital service for a specified period of time, the Seller shall be liable for any lack of conformity of the goods with the digital content if, in the case of a continuous supply for a period not exceeding two years, the lack of conformity is within two years of the performance of the goods; It either occurs or becomes recognizable.

Requirements for conformity with the contract for goods with digital elements sold under a consumer contract

In the case of goods with digital elements, the Seller shall ensure that the consumer is notified of, and shall ensure that the consumer receives, any updates, including security updates, to the digital content of the goods or the related digital service that are necessary to maintain the conformity of the goods with the contract.

The Seller shall make the update available if the contract of sale

provide for a single supply of the digital content or digital service, where the type and purpose of the goods and digital elements, as well as the specific circumstances and the nature of the contract, can reasonably be expected by the consumer; or
the digital content provides for a continuous supply over a specified period of time, where the continuous supply does not exceed two years, it shall be provided for a period of two years from the date of supply of the goods.

If the consumer fails to install the provided updates within a reasonable period of time, the Seller shall not be liable for the lack of conformity of the goods if this is solely due to the non-application of the relevant update, provided that:

the Seller has informed the consumer of the availability of the update and of the consequences of non-installation by the consumer; and

the failure of the consumer to install the update or the incorrect installation of the update by the consumer is not due to a deficiency in the installation instructions provided by the Seller.

A lack of conformity shall not be deemed to exist if, at the time of the conclusion of the contract, the consumer has been specifically informed that a specific characteristic of the goods differs from that described herein and, at the time of the conclusion of the sales contract, the consumer has expressly accepted that difference separately.

Requirements for conformity with a contract for the supply of digital content sold under a consumer contract

The Seller shall supply the digital content to the consumer. Unless otherwise agreed by the parties, the Seller shall supply the consumer with the digital content without undue delay after the conclusion of the contract, in the most up-to-date version available at the time of conclusion of the contract.

A service shall be deemed to be supplied where the digital content or any solution necessary to access it or capable of downloading it has been supplied to the consumer or to a physical or virtual device chosen by the consumer for that purpose.

The Seller shall ensure that the consumer is notified of and receives updates to the digital content, including security updates, that are necessary to keep the digital content or digital service in conformity with the contract.

Where, under the contract, the digital content is supplied continuously for a specified period of time, the conformity of the digital content with the contract shall be ensured throughout the duration of the contract.

If the consumer does not install the updates made available by the Seller within a reasonable period of time, the Seller shall not be liable for a lack of service if it results solely from the non-application of the relevant update, provided that:

the Seller has informed the consumer about the availability of the update and the consequences of the non-installation by the consumer; and
the failure of the consumer to install the update or the incorrect installation of the update by the consumer is not due to a deficiency in the installation instructions provided by the Seller.

A lack of conformity shall not be deemed to exist if, at the time of the conclusion of the contract, the consumer has been specifically informed that a specific characteristic of the digital content deviates from the requirements set out herein and, at the time of the conclusion of the contract, the consumer has expressly accepted that deviation separately.

The Seller shall perform defectively if the defect in the supply of the digital content is due to its unprofessional integration into the consumer's digital environment, provided that:

the integration of the digital content was carried out by the Seller or under the Seller's responsibility; or
the digital content must be integrated by the consumer and the incorrect integration was caused by shortcomings in the integration instructions provided by the Seller.

Where the contract provides for the continuous supply of the digital content or digital service for a specified period of time, the Seller shall be liable for any lack of conformity with the digital content if the lack of conformity occurs or becomes apparent during the period of time specified in the contract.

If the contract provides for a single supply or a series of individual acts of supply, it shall be presumed, unless proven otherwise, that the lack of conformity recognised by the consumer within one year of the date of performance already existed at the time of performance. However, the Seller shall not perform erroneously if it proves that the consumer's digital environment is not compatible with the technical requirements of the digital content or digital service and has informed the consumer thereof in a clear and comprehensible manner prior to the conclusion of the contract.

The consumer shall cooperate with the Seller to ensure that the lack of conformity is due to the consumer’s digital environment by using the means technically available to the Seller and requiring the least intervention by the consumer. If the consumer does not comply with this obligation to cooperate after the Seller has informed him of this obligation in a clear and comprehensible manner prior to the conclusion of the contract, it shall be for the consumer to prove that:

the defect detected within one year of performance already existed at the time of performance, or
the service affected by the defect identified during the contractual period was not in conformity with the contract during the period of performance of the service under the contract.

Warranty for defects

In which cases can you exercise your right of implied warranty?

In the event of defective performance by the Seller, you may enforce an implied warranty claim against the Seller in accordance with the rules of the Civil Code and, in the case of a consumer contract, Government Decree No 373/2021 of 30 June 2021.

What rights do you have based on your warranty claim?

You may choose to make the following implied warranty claims:

You may request repair or replacement, unless it is impossible to fulfil a claim of your choice or would result in disproportionate additional costs for the Seller compared to the fulfilment of another claim. If you have not requested or could not have requested repair or replacement, you may request a proportionate reduction in the price or, as a last resort, you may withdraw from the contract.

You may change from your chosen warranty right to another one, but you will bear the cost of the change, unless it was justified or the Seller gave reason for it.

In the case of a consumer contract, it shall be presumed, unless proven otherwise, that the lack of conformity detected within one year from the date of performance of the goods and goods with digital elements already existed at the time of performance of the goods, unless that presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

If the Goods used are defective and the Consumer was informed about this at the time of purchase, the Service Provider is not responsible for the known defect.

The Seller may refuse to bring the goods into conformity if repair or replacement is impossible or would result in disproportionate additional costs for the Seller, taking into account all circumstances, including the value of the Goods in good condition and the seriousness of the breach of contract.

The consumer shall also be entitled to demand a proportionate reduction of the consideration or to terminate the sales contract, depending on the seriousness of the breach of contract, if:

the Seller has not completed the repair or replacement, or has completed the repair or replacement, but has not fulfilled, in whole or in part, the following conditions:
the Seller shall take back the replaced goods at its own expense
where the repair or replacement requires the removal of goods which, in accordance with the nature and purpose of the goods, were put into service before the defect became apparent, the obligation to repair or replace shall include the removal of the non-conforming goods and the putting into service of the replacement or repaired goods or bearing the costs of their removal or putting into service.
refused to bring the goods into conformity
there has been a repeated lack of conformity despite the Seller's attempt to bring the goods into conformity
the lack of conformity is such that it justifies an immediate price reduction or the immediate termination of the sales contract, or
the Seller has not undertaken to bring the goods into conformity or it is evident from the circumstances that the trader will not bring the goods into conformity within a reasonable time or without significant harm to the consumer.

If the consumer wishes to terminate the sales contract on the grounds of a lack of conformity, the Seller shall bear the burden of proving that the lack of conformity is insignificant.

The Consumer is entitled to withhold the remaining part of the purchase price, in whole or in part, depending on the seriousness of the breach of contract, until the Seller has fulfilled its obligations regarding the conformity of the performance with the contract and the defective performance.

As a general rule:

the Seller shall take back the replaced goods at its own expense
where the repair or replacement requires the removal of goods which, in accordance with the nature and purpose of the goods, were put into service before the defect became apparent, the obligation to repair or replace shall include the removal of the non-conforming goods and the putting into service of the replacement or repaired goods or bearing the costs of their removal or putting into service.

The reasonable period of time for completing the repair or replacement of the goods shall be calculated from the time when the Consumer has communicated the defect to the business.

The consumer shall make the goods available to the undertaking in order to perform the repair or replacement.

The delivery of the consideration is proportionate if its amount is equal to the difference between the value of the goods due to the Consumer in case of conformity with the contract and the value of the goods actually received by the Consumer.

The Consumer's right of warranty for the termination of the sales contract may be exercised by means of a legal declaration addressed to the Seller expressing the decision on termination.

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 are met, the Consumer may terminate the sales contract only in respect of the defective goods, but also in respect of any other goods acquired with them, if the Consumer cannot reasonably be expected to keep only the goods in conformity with the contract.

If the Consumer terminates the contract of sale in whole or in respect of some of the goods provided under the contract of sale, then

the Consumer must return the goods concerned to the Seller at the Seller's expense, and
the Seller shall immediately refund to the Consumer the purchase price paid for the goods concerned as soon as he has received the goods or a certificate confirming the return of the goods.

What is the deadline for you to enforce your warranty claim?

You must report the defect as soon as it is discovered. An error communicated within two months of the discovery of the error shall be deemed to have been communicated without delay. However, we would like to draw your attention to the fact that you can no longer enforce your warranty rights beyond the limitation period of two years from the performance of the contract.

The part of the repair period during which the Buyer is unable to use the Goods for their intended purpose shall not be included in the limitation period.

For the part of the Goods affected by the replacement or repair, the limitation period for the claim for implied warranty shall start to run again. This rule shall also apply in the event of a new defect arising as a result of the correction.

If the subject matter of the contract between the consumer and the business is second-hand, the parties may agree on a shorter limitation period; Nor can a limitation period of less than one year be validly imposed in this case.

Who can you enforce your warranty claim against?

You may enforce your warranty claim against the Seller.

What other conditions do you have to enforce your implied warranty rights?

Within one year from the date of performance, there are no conditions for asserting your warranty claim other than the notification of the defect if you prove that the Goods were provided by the Seller. However, after one year from the date of performance, you are obliged to prove that the defect you have detected already existed at the time of performance.

Product warranty

In which cases can you exercise your product warranty right?

In the event of a defect in a movable item (Goods), you may, at your choice, enforce an implied warranty claim or a product warranty claim in accordance with the rules of the Civil Code.

What rights do you have based on your product warranty claim?

As a product warranty claim, you may request the repair or replacement of the defective Goods.

In which case is the Goods defective?

A good is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.

What is the deadline for enforcing your product warranty claim?

You may enforce your product warranty claim within two years from the date on which the Goods were placed on the market by the manufacturer. After that period, it loses that entitlement.

Who can you enforce your product warranty claim against?

Your product warranty rights with the manufacturer or distributor of the product (hereinafter collectively referred to as: You can use it against the manufacturer.

What is the standard of proof in case of a product warranty claim?

If a product warranty claim is asserted, it is up to you to prove that the product defect existed at the time the manufacturer placed it on the market.

In which cases is the manufacturer exempted from its product warranty obligation?

The manufacturer shall be released from its product warranty obligation if it can prove that:

the Goods have not been manufactured or marketed in the course of its business, or
the defect was not recognisable according to the state of the art at the time of placing on the market, or
the defect in the Goods results from the application of legislation or mandatory regulatory requirements.

It is sufficient for the manufacturer to prove one reason for exemption.

I would like to draw your attention to the fact that, due to the same defect, you can enforce a warranty claim against the company and a product warranty claim against the manufacturer at the same time, in parallel. If you successfully enforce your product warranty claim, you can only enforce your warranty claim for the replaced product or the part of the product affected by the repair against the manufacturer.

Warranty

The Seller does not distribute products subject to warranty, and the products it distributes are not covered by the provisions of Article 151/2003 on the mandatory warranty for certain durable consumer goods. (IX.22.) of the Government Decree.

Information on product warranty and warranty of goods for non-consumer customers

General rules on warranty rights

Customers who are not consumers may, at their choice, make the following warranty claims:

You may request repair or replacement, unless it is impossible to fulfil a claim of your choice or would result in disproportionate additional costs for the Seller compared to the fulfilment of another claim. If repair or replacement has not been requested or could not be requested, the Buyer may request a proportional reduction of the price, or the Buyer may repair the defect or have it repaired or, as a last resort, withdraw from the contract at the Seller's expense.

You may change from your chosen warranty right to another one, but you will bear the cost of the change, unless it was justified or the Seller gave reason for it.

In the case of second-hand Goods, the warranty rights are usually different from the general rules. In the case of second-hand Goods, there may also be a lack of conformity, but account must be taken of the circumstances under which the Buyer could have expected certain defects to occur. As a result of obsolescence, the occurrence of certain defects becomes more frequent, with the result that it cannot be assumed that a second-hand Good may have the same quality as a newly purchased Good. On this basis, the Buyer can only enforce his/her warranty rights in respect of defects that are beyond and independent of the defects resulting from the use. If the Goods used are defective and the Consumer was informed about this at the time of purchase, the Service Provider is not responsible for the known defect.

In the case of non-consumer buyers, the deadline for enforcing the implied warranty right is 1 year, which starts on the day of performance (delivery).

Product Warranty and Warranty

The product warranty and the mandatory warranty are only due to the buyer who is a consumer.

If the Seller provides a voluntary warranty for a particular Goods, this shall be indicated separately during the purchase of the Goods.

If the Goods are covered by a manufacturer's warranty covering non-consumer customers, it can be enforced directly with the manufacturer.

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