HOLLÓHÁZI PORCELAIN MANUFACTORY
WEBSHOP
INFORMATION ON THE RIGHT OF WITHDRAWAL/TERMINATION AND WARRANTY RIGHTS
The provisions contained in this Information Notice apply exclusively to purchasers qualifying as Consumers. Pursuant to Section 8:1 (1) point 3 of Act V of 2013 on the Civil Code (the "Civil Code"), a Consumer means a natural person acting outside the scope of his or her profession, independent occupation or business activity.
1. Right of Withdrawal / Termination
Customers are entitled to withdraw from a contract concluded through an online order placed in the webshop of Hollóházi Porcelánmanufaktúra Kft. (registered office: H-3999 Hollóháza, Károlyi utca 11., Hungary; company registration number: 05-09-026489; hereinafter: the "Service Provider") without giving any reason.
The Customer may exercise the right of withdrawal within fourteen (14) days from the day on which:
a) the Goods are received;
b) in the case of an order consisting of multiple Goods delivered separately, the last Good is received;
c) in the case of Goods consisting of several lots or pieces, the last lot or piece is received; or
d) in the case of contracts for the regular delivery of Goods over a specified period, the first delivery is received,
by the Customer or by a third party designated by the Customer, other than the carrier.
The Customer is also entitled to exercise the right of withdrawal without giving any reason during the period between the date of conclusion of the contract and the date of receipt of the Goods.
The Customer may exercise the right of withdrawal by making an unequivocal statement expressing the intention to withdraw from the contract or by using the model withdrawal/termination form attached as Annex 1 to this Information Notice. The withdrawal shall be deemed to have been exercised within the prescribed period if the Customer sends the withdrawal statement to the Service Provider before expiry of the withdrawal period. The burden of proving that the right of withdrawal has been exercised in accordance with this section rests with the Customer. The Customer shall send the unequivocal statement of withdrawal to one of the following addresses:
Postal address:
H-3999 Hollóháza, Károlyi utca 11., Hungary
E-mail:
info@hollohazi.hu
Where the Customer validly withdraws from the contract, the Service Provider shall reimburse all payments received from the Customer, including any costs incurred in connection with the performance of the contract, without undue delay and in any event no later than fourteen (14) days from the date on which the Service Provider receives the Customer's withdrawal notice.
The Service Provider shall make the reimbursement using the same method of payment that the Customer used for the original transaction, unless the Customer has expressly agreed otherwise. In any event, the Customer shall not incur any additional fees as a result of such reimbursement.
Where the Customer has expressly chosen a method of delivery other than the least expensive standard delivery offered by the Service Provider, the Service Provider shall not be required to reimburse the additional costs arising from the chosen delivery method.
The Service Provider may withhold reimbursement until it has received the returned Goods or until the Customer has supplied evidence of having returned the Goods, whichever occurs first.
Following withdrawal, the Customer shall return or hand over the Goods to the Service Provider without undue delay and, in any event, no later than fourteen (14) days from the date on which the withdrawal notice was communicated.
The return shall be deemed to have been made within the prescribed period if the Customer dispatches the Goods before the expiry of the fourteen-day period.
The direct cost of returning the Goods shall be borne by the Customer.
The Customer shall only be liable for any diminished value of the Goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
2. Statutory Warranty (Warranty for Defects)
If the ordered Goods are defective, the Customer may assert a statutory warranty claim against the Service Provider in accordance with the provisions of the Civil Code.
Within the framework of a statutory warranty claim, the Customer may request repair or replacement of the defective Goods, unless the chosen remedy is impossible or would impose disproportionate additional costs on the Service Provider compared with another available remedy.
If the Customer has not requested, or could not request, repair or replacement, the Customer may request an appropriate reduction of the purchase price or, as a last resort, withdraw from the contract if:
the Service Provider has refused to repair or replace the Goods;
the Service Provider has failed to fulfil its obligation to repair or replace the Goods within an appropriate period while taking the Customer's interests into account; or
the Customer's interest in repair or replacement has ceased.
In the case of a sales contract for movable Goods concluded with a Consumer, the Customer is not entitled, when exercising statutory warranty rights, to repair the defect at the Service Provider's expense or to have it repaired by a third party at the Service Provider's expense.
The Customer may change from one statutory warranty remedy to another. However, the Customer shall bear the cost of such change unless it was justified or made necessary by circumstances attributable to the Service Provider.
Withdrawal from the contract is not permitted on the grounds of an insignificant defect.
The Customer shall notify the Service Provider of the defect without undue delay after discovering it, and in any event no later than two (2) months from the date of discovery.
No statutory warranty claim may be enforced after the expiry of the two-year limitation period calculated from the date of performance.
Within one (1) year from the date of performance, it is sufficient for the Customer to prove that the Goods were purchased from the Service Provider when asserting a statutory warranty claim. In such case, the defect shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the Goods or the nature of the defect.
After the expiry of one year from the date of performance, the burden of proving that the defect already existed at the time of delivery rests with the Customer.
3. Product Warranty
In the event of a defect in the Goods, the Customer may, at his or her discretion, assert a product warranty claim directly against the manufacturer or distributor instead of asserting a statutory warranty claim against the Service Provider. Under a product warranty claim, the Customer may request only the repair or replacement of the defective Goods.
The Goods shall be deemed defective if they fail to comply with the quality requirements applicable at the time they were placed on the market or if they do not possess the characteristics described by the manufacturer. In product warranty proceedings, the Customer bears the burden of proving that the Goods are defective.
A product warranty claim may be asserted within two (2) years from the date on which the Goods were first placed on the market by the manufacturer. Failure to comply with this time limit results in forfeiture of the claim.
The manufacturer or distributor shall be released from product warranty liability only if it proves that:
the Goods were neither manufactured nor placed on the market in the course of its business activity;
the defect could not have been detected given the state of scientific and technical knowledge at the time the Goods were placed on the market; or
the defect resulted from compliance with a statutory provision or a mandatory regulatory requirement.
Proof of any one of the above circumstances shall be sufficient for exemption from liability.
For the same defect, the Customer may assert both a statutory warranty claim against the Service Provider and a product warranty claim against the manufacturer simultaneously.
However, if a product warranty claim has been successfully enforced, any subsequent statutory warranty claim relating to the replaced Goods or the repaired part may thereafter be asserted only against the manufacturer.
4. Complaint Handling and Legal Remedies
The Customer may submit complaints concerning the Goods or the activities of the Service Provider using the following contact details:
Place of Complaint Handling:
H-3999 Hollóháza, Károlyi utca 11., Hungary
Customer Service:
H-3999 Hollóháza, Károlyi utca 11., Hungary
Attachments:
Annex 1: Model withdrawal/cancellation notice.
Annex 1:
Sample withdrawal/cancellation notice.
Withdrawal declaration
Addressee: Hollóházi Porcelain Manufactory Ltd. (postal address: 3999 Hollóháza Károlyi út 11., e-mail: info@hollohazi1777.hu)
I, the undersigned, declare that I exercise my right of withdrawal in respect of the contract for the sale of the following good(s):
___________________________________________________________________________
___________________________________________________________________________
Date of conclusion of contract / date of receipt: _____________________________
Name of the consumer: __________________________________________________
Address of the consumer: __________________________________________________
Date: _________________________
Signature of the consumer: (only in case of paper declaration)
_________________________
