1. SUPPLIER
The https://amailand.eu/ webpage is operated by and belongs to Movo Produkciós Kereskedelmi és Szolgáltató Kft.
Company registration number: 01-09-927 116
Tax number: 13658768-2-42
Company seat: Szárny str 25, 1173, Budapest, Hungary
E-mail: [email protected]
hereinafter referred to as Supplier.
1.2. Current site:
website and available web pages and subpages on the Internet.
2. FAULTY PERFORMANCE
The company performs erroneously if the service or product does not meet the quality requirements set out in the contract or legislation at the time of performance.
The company will not perform incorrectly if you knew the error at the time of concluding the contract or should have known the error at the time of concluding the contract.
It shall be presumed that, within six months of performance, the error you discovered already existed at the time of performance, unless that presumption is incompatible with the nature of the matter or the nature of the error. In practice, this means that the burden of proof lies with the business whether the event of an error being detected within six months.
3. ACCESSORY WARRANTIES
In the event of a faulty performance by the Supplier, you may assert a warranty claim against the company in accordance with the rules of the Civil Code.
You can choose to have the following supplies warranty claims:
You can request a repair or replacement, unless it is impossible to meet the need you have chosen or would incur a disproportionate additional cost to the business compared to your other need. If you have not requested or could not have requested a repair or replacement, you may request a pro rata reduction of the consideration or you may have the error repaired at company’s expense, or you may have it repaired or, ultimately, withdraw from the contract.
You can transfer from your chosen supply warranty to another, but you will bear the cost of the transfer, unless it was justified or given by the company.
You must report the error immediately after it is discovered, but no later than two months after. However, please note that you may no longer exercise your warranty rights beyond the two-year limitation period from the performance of the contract. In the case of second-hand goods, this period is one year.
Within six months of the performance, there are no conditions other than the notification of the error to enforce your warranty claim, if you prove that the product or service was provided by the Supplier. However, after six months from the date of performance, you are obliged to prove that the defect you recognized already existed at the time of performance.
4. PRODUCT WARRANTIES
In the event of an error in a product, you may – at your option – assert your right or product warranty claim specified in point 3.
As a product warranty claim, you may only request the repair or replacement of a defective product.
A product is defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not have the characteristics specified by the manufacturer.
You can assert your product warranty claim within two years of the product being placed on the market by the manufacturer. Upon expiry of this period, this right shall lost.
You can only make a product warranty claim against the manufacturer or distributor of the product. You must prove the error of the product in the event of a product warranty claim.
The manufacturer (distributor) is only released from its product warranty obligation if he can prove that:
-The product was manufactured or marketed in the course of non – business activities, or
-The error was not detectable at the time of placing on the market, or
– the defect of the product results from the application of legislation or a mandatory official regulation.
It is sufficient for the manufacturer (distributor) to prove one reason for the exemption.
Please note that due to the same defect, you cannot claim accessory and product warranties at the same time, in parallel. However, if your product warranty claim is successfully enforced, you can assert your accessory warranty against the manufacturer for the replaced product or repaired part.
5. ASSURANCE
In case of defective performance, Act V of 2013 on the Civil Code, Act 151/2003 on the mandatory warranty for certain durable consumer goods. (IX. 22.) Government Decree on the procedural rules for handling warranty and guarantee claims for things sold within the framework of a contract between a consumer and a business. (IV. 29.) of the NGM (hereinafter: the NGM Decree), the Supplier is obliged to provide a guarantee for the 151/2003 sold by it. (IX. 22.) concerning durable consumer goods covered by the Government Decree. The list of durable consumer goods is listed in 151/2003. (IX. 22.) is included in the annex to the Government Decree (the text of the Decree in force at any time can be found at the following link: http://net.jogtar.hu/jr/gen/hjegy_doc.cgi?docid=a0300151.kor). There is no warranty obligation for products other than these.
According to the 151/2003. (IX. 22.) Government Decree, in case of new durable consumer goods, the Supplier is obliged to enclose the warranty card. The warranty period is one year.
If the purchased product is in accordance with 151/2003. (IX. 22.) new durable consumer goods covered by the Government Decree, and during the period of the one-year mandatory warranty the purchased product is defective, you can assert the same claims against the Supplier as in the case of the supply warranty. This gives you the opportunity to request a repair, replacement or price reduction, in the order set out in point 3. If the Supplier has not undertaken the repair or replacement, it is unable to fulfill this obligation under the conditions set out in the law, or if your interest in the repair or replacement has ceased, you are entitled to withdraw from the contract.
If there is a warranty on the purchased product, the warranty rights can be enforced in parallel.
The Supplier is released from its warranty obligation only if it proves that the cause of the defect arose after the performance.
Please note that due to the same defect, you cannot claim accessory and product warranties at the same time, in parallel, otherwise you are entitled to the rights arising from the warranty regardless of the rights set forth in clauses 3 and 4.
6. RIGHT OF WITHDRAWAL/ TERMINATION
You have the right to withdraw from the contract without giving any reason within 14 days. Similarly, if, in the case of a contract for the provision of a service, performance of the contract has begun, you have the right to terminate the contract without giving any reason within 14 days.
Withdrawal / termination deadline:
(a) in the case of a contract for the sale of a product: it expires 14 days after the date on which you or a third party designated by you, other than the carrier, takes over the product;
(b) in the case of multiple products: expires 14 days after the date on which you or a third party designated by you, other than the carrier, takes over the last product;
(c) in the case of a product consisting of several pieces: on which you or a third party designated by you, other than the carrier, takes over the last lot or piece;
d) and in the case of a), b) and c) the User may also exercise his right of withdrawal in the period between the date of concluding the contract and the date of receipt of the product.
You may give notice of your withdrawal/ termination in any way, either orally or in writing.
If you wish to exercise your right of withdrawal / termination, you must send and announce your clear statement of intention to one of the following contact details:
MOVO Produkciós Korlátolt Felelősségű Társaság
Postal address: 1173, Budapest, Szárny u.25.
E-mail: [email protected]
Phone: +36 30 4395312
You can also use the following withdrawal / termination statement sample for this purpose:
–
Sample Statement of Withdrawal / Termination – Notice of withdrawal from the sales contract
(fill in and return only in case of intention to withdraw from the contract)
Addressee: MOVO Produkciós Korlátolt Felelősségű Társaság
Postal address: 1173, Budapest, Szárny u.25.
E-mail: [email protected]
Buyer:
Address:
I hereby declare that I withdraw from the purchase contract for the purchase of these goods:
Ordering date/ date of conclusion of contract:
Date of receipt of the goods:
Your name and surname:
Your address:
Signature (if sent in paper form) ____________________________
Date:
You will exercise your right of withdrawal / termination within the deadline by sending your written notice of withdrawal / termination before the expiry of the deadline indicated above, or by giving oral notice on the last day of the deadline. It is your responsibility to prove that you have exercised your right of withdrawal / termination in the manner and within the time limits set out here.
The exercise of the right of withdrawal is not precluded by the opening of the packaging and the use necessary to determine the nature, characteristics and functioning of the product.
Legal effects of withdrawal / termination
If you withdraw from this contract, we will reimburse you immediately, but no later than 14 days after receipt of your notice of withdrawal, excluding transport costs (excluding any additional costs incurred as a result of your offer, you have chosen a mode of transport other than the cheapest standard mode of transport.) We will use the same method of payment for the refund as the method of payment used in the original transaction, unless you expressly consent to the use of another method of payment. We may withhold a refund until we have received the product back or you have confirmed that you have returned it: the earlier date must be taken into account.
You must return or return the product to us without undue delay, but no later than 14 days from the date of notification of your withdrawal. The deadline is considered to have been met if you send the product before the 14-day deadline. You will bear the direct cost of returning the product.
You can only be held liable for any depreciation of the product if it has occurred as a result of use which surpass the required action to determine the nature, characteristics and functioning of the product.
You will be responsible for arranging the return of the product and the cost of returning it. You can also return the goods in person, after prior appointment with customer service.
In case of termination, we will refund you the purchase price of the product and the cost of delivery.
Exceptions to the right of withdrawal:
According to the 45/2014. (II. 26.) Decree of the Government of the Republic of Hungary, the consumer may not exercise his/her right of withdrawal:
(a) in the case of a non-prefabricated product which has been manufactured on your instructions or at your express request, or in the case of a product which has been clearly tailored to you;
b) in respect of a sealed product which you have already opened and which, for reasons of health or hygiene, cannot be returned after it has been opened (the right of withdrawal may be exercised before opening);
c) in addition to the sale and purchase of a sealed audio or video recording and a copy of computer software, if you have opened the packaging after the transfer (the right of withdrawal may be exercised before opening).
7. CONSUMER COMPLAINTS FORUMS
7.1. The User may contact the Supplier, the member of the company, employee or person acting on behalf of or for the benefit of the Supplier by letter, phone and e-mail with a complaint concerning the conduct, activity or omission directly related to the distribution or sale of the goods to consumers at the following contacts:
MOVO Produkciós Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság
Company seat: Hungary 1173, Budapest Szárny u.25.
Postal address: Hungary 1173, Budapest Szárny u.25.
Phone number: +36 30 4395312
Email address: [email protected]
The Supplier shall immediately investigate the oral complaint and, if necessary, remedy it immediately. If this is not possible, or in case of disagreement of the User, as well as the complaint submitted in writing, the Supplier will respond in writing within thirty (30) days latest.
7.2. Users (consumers) may also request the free procedure of the Conciliation board operating alongside the county (capital) chambers of commerce and industry in connection with the quality and safety of the product, the application of product liability rules, the quality of the service, and the conclusion and performance of the contract between the parties.
The Supplier is obliged to cooperate in the proceedings of the Conciliation board.
The Conciliation board according to the consumer’s place of residence (in some cases: Hungary) is competent for the procedure. The contact details of the Hungarian Conciliation boards can be found at https://www.bekeltetes.hu/index.php?id=testuletek.
In the absence of the consumer’s place of residence and stay in Hungary, the jurisdiction of the Conciliation boards shall be determined by the company involved in the consumer dispute or a body authorized to represent it.
In Hungary, the Budapest Conciliation Board, operating alongside the Budapest Chamber of Commerce and Industry, is entitled to act in cross-border consumer-trader disputes related to online sales or service contracts. The contact details of the Budapest Conciliation Board operating next to the Budapest Chamber of Commerce and Industry can be found at https://www.bekeltetes.hu/index.php?id=testuletek&pid=1&mid=1.
The Conciliation board is an independent body operating alongside the County (capital) Chambers of Commerce and Industry. It is responsible for out-of-court settlement of consumer disputes on the subject indicated above: to try to reach an agreement for this purpose and, in the event of failure, to rule on the matter in order to ensure that consumer rights are enforced easily, quickly, efficiently and cost-effectively.
The Conciliation board shall, at the request of the consumer or the company, provide advice on the consumer’s rights and obligations.
7.3. If the User (Consumer) lives in the European Union, he / she can use the following online dispute resolution tool of the European Commission in connection with his / her complaint regarding the product or service purchased on the Internet.
The European Commission’s online dispute resolution platform:
Website: https://webgate.ec.europa.eu/odr
This online platform has been set up by the EU for consumers who want to complain about the products or services they buy online and ask a neutral third party (dispute resolution body) to deal with the complaint.
7.4. The User may submit a complaint regarding the quality of the goods, a complaint concerning the conduct, activity or omission of the Supplier (member, employee) or person acting on his/her behalf or for his/her benefit. The contact details of the territorially competent district offices can be found at https://jarasinfo.gov.hu.
The User may also file a complaint with the consumer protection authority of the Supplier’s registered office:
Budapesti Békéltető Testület
Address: 1016 Budapest, Krisztina krt.99.III.em.310.
Postal address: 1253Budapest, Pf.: 10. ~ Phone: 06 (1) 4882131
Fax: 06 (1) 4882186
E-mail address: [email protected]
Website: http://bekeltet.bkik.hu/
The consumer may, in his request, designate another conciliation board other than the above.
The user can also submit a complaint to the consumer protection authority of the Supplier’s registered office:
Nemzeti Fogyasztóvédelmi Hatóság
Address: 1088 Budapest, Józsefkrt.6.
Postal address: 1428 Budapest, PF: 20
Phone: + 361459-4800
Fax: +3612104677
Central e-mail address: [email protected]
Website: http://fogyasztovedelem.kormany.hu/
In the event of a lawsuit it can be instituted before the court of the place of residence or stay of the User, as the lawsuit falls within the jurisdiction of the court.
