GENERAL TERMS AND CONDITIONS (GTC)
https://fansbrands.de/ - valid from the following date: 2024-04-19
preamble
Welcome to our website. Thank you for choosing us for your purchase. We greatly appreciate your trust. The webshop 's Terms and Conditions were created using the generator provided by Fogyasztó Barát ÁSZF.
If you have any questions about these Terms and Conditions, the use of the Website, specific products or the purchasing process, or if you would like to discuss your individual needs with us, please contact our staff using the contact details below!
Imprint: Data of the service provider (seller, company)
Name : Pit Box Kft.
Registered office : 2600 Vác, Rózsa utca 3/A 1em. 2ajt.
Postal address : 2600 Vác, Rózsa utca 3/A 1em. 2ajt.
Registration authority : Fővárosi Törvényszék Cégbírósága Company registration number : 13-09-144768
Tax number : 23163885-2-13
Represented by : Chertes Levente Csaba Telephone number : +49 (3221) 324-90-02
Email : sales@fansbrands.com
Website: https://fansbrands.de/
Account number: HU62109180010000012171110064
SWIFT code: BACXHUHB
Data Protection Registration Number : NAIH-103878/2016
Hosting service provider data
Name : UNAS Online Kft.
Registered office : 9400 Sopron, Kőszegi út 14.
Contact information : unas@unas.hu
Website : unas.hu
Name : Shopify Commerce Singapore Pte. Ltd.
Registered office : 77 Robinson Road, #13-00 Robinson 77, Singapore 068896
Contact information:
Website: https://www.shopify.com/
Definitions
Product : any
Movable goods, including water, gas and electricity, offered in containers, bottles or otherwise in limited quantities
quantities or with a certain volume, and
Movable goods containing or connected to digital content or digital services in such a way that the product cannot be used as intended without the digital content or digital services in question (hereinafter: product with digital elements)
offered for sale on the website.
Product with digital elements : movable goods that contain or are linked to digital content or digital services in such a way that the product would not be suitable for its intended purpose without the digital content or digital services in question
Parties : the Seller and the Buyer jointly
Consumer : a natural person who purchases, orders, receives, uses, utilizes or is in contact with goods for purposes outside his independent professional and economic activity, the recipient of a commercial communication or offer. Rules on the dispute resolution body in their application - on online consumer dispute resolution, as well as Regulation 2006/2004/EC and 524/2013/EU of the European Parliament of 21 May 2013 amending Directive 2009/22/EC with the exception of the application of Council Regulation - in addition to the above, it is considered a consumer who, for purposes outside his independent profession and scope of economic activity, separately civil organization according to law, ecclesiastical legal entity, residential house, housing cooperative, which purchases, orders, receives, uses, utilizes, or is the addressee of a commercial communication or offer related to the goods. In the context of the internal market, on the basis of the buyer's nationality, place of residence or place of establishment with unjustified territorial content restrictions and other forms of discrimination on measures against, and the 2006/2004/EC and (EU) 2017/2394 Regulations, as well as of the European Parliament and of the Council and for the purposes of Regulation [hereinafter: Regulation (EU) 2018/302], a consumer is considered, in addition to the above, a business that acts as a customer within the meaning of Regulation (EU) 2018/302
Consumer contract : a contract in which one of the parties is considered to be a consumer
Digital content: data created or provided in digital form
Functionality : the ability of the product containing digital elements, digital content or a digital service to fulfil the intended purposes
Manufacturer : the manufacturer of the product or, in the case of imported products, the importer who brings the product into the territory of the European Union or any other person who claims to be the manufacturer by placing his name, trademark or other distinguishing mark on the product
Interoperability : the ability of the product containing digital elements, digital content or a digital service to work with hardware and software that are different from those normally used for the same type of product, digital content or digital service
Compatibility : the ability of the product containing digital elements, digital content or a digital service to work without conversion with hardware and software that are different from those normally used for the same type of product, digital content or digital service
Website : this website which serves to conclude the contract
Contract : a purchase agreement concluded between the Seller and the Buyer using the Website and electronic mail
Durable data medium : any device that enables the consumer or business to store the data addressed to them personally in a way that allows them to be accessed in the future for a period appropriate to the purpose of the data, and to display the stored data in an unaltered form
Means of distance communication : a means suitable for making a contractual declaration for the purpose of concluding a contract without the parties being physically present. Such a means includes, in particular, an addressed or unaddressed form, a standard letter, an advertisement published in a press containing an order form, a catalog, a telephone, a fax, or a device with internet access.
Distance contract : a consumer contract concluded within the framework of a distance sale organised for the provision of products and services under the contract, without the simultaneous physical presence of the parties, in a way that the parties use a device enabling distance communication solely for the purpose of concluding the contract
Company : a person acting in the course of his profession, employment or business
Buyer /You : a person who makes an offer to purchase and enters into a contract through the Website
Guarantee : for contracts concluded between the consumer and the company (hereinafter: consumer contract),
- commercial guarantee for the performance of the contract, which the company has voluntarily assumed for the proper performance of the contract, beyond the obligation required by law or in the absence of such, and
- mandatory legal guarantee,
in accordance with the Hungarian Civil Code
Purchase price : the fee to be paid for the product and the provision of digital content.
Relevant laws
The contract shall be governed by the provisions of Hungarian laws and regulations, including but not limited to the following:
Consumer Protection Act of CLV 1997
Act CVIII of 2001 on Certain Issues of Electronic Commerce and Information Society Services Act V of 2013 on the Hungarian Civil Code
Government Decree 151/2003 (IX.22.) on the compulsory guarantee for durable goods
Government Regulation 45/2014 (II.26.) on the detailed rules for contracts between consumers and businesses Regulation 19/2014 (IV.29.) of the Minister of National Economy on the procedural rules for the administration of
Warranty and guarantee claims for durable goods sold under contracts between consumers and businesses
Act LXXVI of 1999 on Copyright
Act CXII of 2011 on informational self-determination and freedom of information
REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018
to combat unjustified geo-blocking and other forms of discrimination against customers based on their nationality, place of residence or place of establishment within the internal market and amending Regulations 2006/2004/EC and (EU) 2017/2394 and Directive 2009/22/EC
REGULATION (EU) 2016/679 OF THE PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection
of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation 95/46/EC (General Data Protection Regulation)
Government Decree 373/2021 (VI. 30.) on the modalities of contracts for the purchase of goods, the supply of digital content and digital services between consumers and businesses
Scope and acceptance of the General Terms and Conditions
The content of the contract concluded between us is governed by these General Terms and Conditions (hereinafter: GTC), in addition to the provisions of applicable mandatory law. Accordingly, these GTC regulate the rights and obligations of you and us, the conditions for concluding the contract, the performance deadlines, the delivery and payment conditions, the liability rules, and the conditions for exercising termination rights.
The technical information required for the use of the Website that is not included in these Terms and Conditions is provided by the additional information available on the Website.
Before placing your order, you are obliged to familiarize yourself with the provisions of these Terms and Conditions.
Language and form of the contract
The language of the contracts concluded under these Terms and Conditions is English.
Contracts concluded under these Terms and Conditions shall not be deemed to be written contracts, and such contracts shall not be archived by the Seller.
FansBRANDS® - Official Motorsport Fan Shop E-Invoicing
Our company applies electronic invoicing in accordance with Section 175 of Act CXXVII of 2007, and by accepting these Terms and Conditions you
consent to the use of electronic invoicing.
Prices
Prices are in EUR, including 19% VAT. The Seller may change prices from time to time for business policy reasons. Such price changes will not apply to contracts already concluded. If the Seller has stated an incorrect price and an order for the product in question has been received, but the parties have not yet concluded a contract, the Seller will act in accordance with the "Incorrect Price Procedure" section.
Procedure in case of an incorrect price
The following is considered to be an obviously incorrect price:
A price of 0,
a price reduced by a discount, where the discount is not stated correctly (e.g. products with a price of 1000 are stated as 500 with a 20% discount).
If the price is incorrectly stated, the seller will offer the possibility of purchasing the product in question at the actual price and the buyer may, in light of this information, decide whether to order the product in question at that actual price or to cancel the order without adverse legal consequences.
Complaint management and remedial measures
The consumer may raise objections to a product or to the seller's activity using the contact details provided below:
If the consumer has a warranty claim regarding the goods or the conduct of the seller, the complaint about the seller's activities or omissions can be submitted to the contact details and methods below:
In writing via the following website: https://fansbrands.de/
In writing via the following email address: sales@fansbrands.com
In writing by post: 2600 Vác, Rózsa utca 3/A 1em. 2ajt.
The consumer may submit a complaint to the company orally or in writing about the conduct, activities or omissions of the company or of any person acting on behalf of or for the benefit of the company which are directly related to the distribution or sale of products to consumers.
The company is obliged to investigate an oral complaint without delay and , if necessary, to remedy the situation . If the consumer is not satisfied with the way in which the complaint was handled or if the complaint cannot be investigated immediately, the company is obliged to record the complaint and its position on it without delay and, in the case of a complaint submitted in person, to provide the consumer with a copy on the spot. If the oral complaint was submitted by telephone or via another electronic communication service, the record must be sent to the consumer, together with a substantive response, no later than within 30 days, in accordance with the provisions for responding to written complaints. Otherwise, the seller will take action with regard to
written complaints as follows. Unless a directly applicable legal act of the European Union provides otherwise , the company shall respond to written complaints on the merits and take steps to transmit them within 30 days of receipt . A shorter period may be set by law or regulation; a longer period may only be set by legal act. If a complaint is rejected, the company must state the reasons for the rejection. The company must assign a unique identification number to each oral complaint submitted by telephone or via an electronic communications service.
If the complaint is rejected, the seller must inform the consumer in writing which authority or arbitration body may initiate the procedure, depending on the nature of the complaint.
The information must also include the competent authority and the consumer's place of residence, the location of the dispute resolution body at your place of residence, telephone and internet contact details, and the postal address. It must also indicate whether the company has submitted a general declaration of submission in connection with the dispute resolution body's decision.
If we reject your consumer complaint, you have the right to contact the locally competent authority or arbitration board at your place of residence that you specified in your application.
The conciliation body – unless the consumer requests a personal hearing – conducts the hearing without personal presence, using an electronic device that enables simultaneous audio and video transmission, online (hereinafter: online hearing). The company is obliged to cooperate in the conciliation proceedings and is obliged to respond to the conciliation body's request within the deadline, which must be sent to the conciliation body. In the case of online dispute resolution of consumer disputes, as well as the Regulation of May 21, 2013 amending Regulation 2006/2004/EC and Directive 2009/22/EU, with the exception of the application of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, the company is obliged to ensure the participation of a person authorized to resolve disputes at the hearing. In the case of an online hearing, the company's representative authorized to conclude a settlement must participate online. If the consumer requests a personal hearing, the company will reach a settlement, but its authorized representative must at least participate in the online hearing.
If the dispute between the seller and the consumer cannot be resolved during negotiations, the consumer has the following legal remedies:
Consumer protection procedures
A complaint can be filed with consumer protection authorities. If a consumer becomes aware of a violation of their consumer rights, they can file a complaint with the authority competent based on their place of residence or stay. After examining the complaint, the authority will decide whether to initiate consumer protection proceedings. The administrative authorities of first instance are the offices of the capital cities and counties competent for the consumer's place of residence or stay. A list of these offices can be found here: https://www.kormanyhivatalok.hu/
court proceedings
The customer is entitled to assert his claim arising from a consumer dispute in court within the framework of civil proceedings in accordance with Act V of 2013 on the Hungarian Civil Code and the provisions of Act CXXX of 2016 on the Code of Civil Procedure.
Arbitration Board Procedure
If we reject your consumer complaint, you have the right to contact the competent authority in your place of residence or the arbitration board you specified in your application. The prerequisite for initiating proceedings with the arbitration board is that the consumer attempts to resolve the dispute directly with the company in question.
Unless the consumer requests a personal hearing, the conciliation body shall conduct the hearing online without personal presence and via an electronic device that enables simultaneous audio and video transmission (hereinafter: online hearing).
The company has a duty to cooperate in the arbitration board's proceedings, within the framework of which we are obliged to submit our response to the arbitration board's request within the deadline. Except for the application of Regulation 524/2013/EU of the European Parliament and of the Council of 21 May 2013 on online
In the online hearing for the resolution of consumer disputes and the amendments to Regulation (EC) 2006/2004 and Directive 2009/22/EC, the company entitled to be heard is obliged to ensure the participation of a person. In the online hearing, the company's representative authorized to conclude a settlement must participate online. If the consumer requests an in-person hearing, the company's representative authorized to conclude a settlement must at least participate in the online hearing.
Further information about the arbitration bodies can be found here: http://www.bekeltetes.hu Further information about the arbitration bodies with territorial jurisdiction can be found here: https://bekeltetes.hu/index.php?id=testuletek
Contact details of specific territorially competent arbitration bodies:
Budapest Arbitration Board Address: Budapest Jurisdiction: Budapest
Contact:
Address: 1016 Budapest, Krisztina krt. 99. I. em. 111. Postal address: 1253 Budapest, Pf.:10.
Phone: 06-1-488-2131
Email: bekelteto.testulet@bkik.hu Website: bekeltet.bkik.hu
Baranya District Arbitration Board
Address: Pécs
Area of responsibility: Baranya County, Somogy County, Tolna County
Contact:
Address: 7625 Pécs, Majorossy I. u. 36. Telephone: 06-72-507-154
Email: info@baranyabekeltetes.hu Website: baranyabekeltetes.hu
Arbitration Board of the Borsod-Abaúj-Zemplén District
Address: Miskolc
Area of responsibility: Borsod-Abaúj-Zemplén County, Heves County, Nógrád County
Contact:
Address: 3525 Miskolc, Szentpáli u.
Phone: 06-46-501-090
Email: bekeltetes@bokik.hu Website: bekeltetes.borsodmegye.hu
Arbitration Board of Csongrád-Csanád County
Address: Szeged
Area of responsibility: Békés County, Bács-Kiskun County, Csongrád-Csanád County
Contact:
Address: 6721 Szeged, Párizsi krt. 8-12. Telephone: 06-62-554-250/118
Email: bekelteto.testulet@cskik.hu Website: bekeltetes-csongrad.hu
Conciliation Board of Fejér County
Address: Székesfehérvár
Area of responsibility: Fejér County, Komárom-Esztergom, Veszprém County
Contact:
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6. Telephone:06-22-510-310
Email: bekeltetes@fmkik.hu Website: www.bekeltetesfejer.hu
Conciliation Board of the Győr-Moson-Sopron County
Address: Győr
Area of responsibility: Győr-Moson-Sopron County, Vas County, Zala County
Contact:
Address: 9021 Győr, Szent István út 10/a. Telephone: 06-96-520-217
Email: bekeltetotestulet@gymskik.hu Website: bekeltetesgyor.hu
Arbitration Board of Hajdú-Bihar County
Address: Debrecen
Area of responsibility: Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County
Contact:
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Phone: 06-52-500-710
Email: bekelteto@hbkik.hu Website: hbmbekeltetes.hu
Platform for online dispute resolution
Pest County Arbitration Board
Address: Budapest Judicial District: Pest County
Contact:
Address: 1055 Budapest, Balassi Bálint u. 25. IV/2. Phone: 06-1-792-7881
Email: pmbekelteto@pmkik.hu Website:panaszrendezes. hu
The European Commission has set up a website where consumers can register to resolve their online shopping disputes by submitting a claim, thus avoiding court proceedings. This allows consumers to assert their rights without being hindered, for example, by distance.
If you would like to complain about a product or service you purchased online and do not necessarily want to go to court, you can use the online dispute resolution options.
On the portal, you and the trader against whom you have filed a complaint can jointly choose dispute resolution
the body you wish to contact to process your complaint.
The online dispute resolution platform can be found here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Copyrights
FansBRANDS® - Official Motorsport Fan Shop
According to paragraph (1) of Section 1 of Act LXXVI of 1999 on Copyright (hereinafter: the Copyright Act), the website is considered copyrighted material, and all parts thereof are protected by copyright. In accordance with paragraph (1) of Section 16 of the Copyright Act, the unauthorized use of graphics and software solutions, computer programs from the website, or the use of any application that can be used to modify the website or any part thereof is prohibited. Any material from the website and its database may only be used with a reference to the website and with an indication of the source, even with the written consent of the copyright holder. The copyright holder is: Pit Box Kft.
Fogyasztó Barát Reviews
We inform buyers that the seller uses the Fogyasztó Barát rating system on its website. The rating system does not allow ratings of individual products, but only of the seller (the online store). The following technical measures of the rating system ensure that only actual customers can submit ratings:
- the system works independently of the webshop that uses it, so the review widget opens after the purchase, and the reviews are saved by Fogyasztó Barát (JUTASA Kft.) in their own system.
- Reviews can also only be submitted by actual customers by sending an email to the email address provided to Fogyasztó Barát after the purchase.
The webshop that uses the rating system has no technical means to delete the ratings or reviews.
As a result, the system only contains ratings and reviews from real customers and displays both positive and negative reviews without distinction.
Other reviews
What the fans think about us
We're not hiding: Rate us anytime, anywhere. In fact, when we receive a change, we always ask everyone to rate us and write to us if they ever encounter any problems. We can only make changes and progress if we pay attention to the reviews ;-)
The reviews below were not created by us; you can find them at the official source. And many more ;-) It's impossible that so many people could be wrong...
You can also write about us or read more opinions on the following channels: Trustindex.io - https://www.trustindex.io/reviews/www.fansbrands.hu
Trustpilot.com - https://www.trustpilot.com/review/www.fansbrands.com Google - https://g.page/r/CY3Sy7_I1tthEB0/review
Facebook - https://www.facebook.com/fansbrands/reviews/?ref=page_internal
Separability, Code of Conduct
Should any part of the Terms and Conditions be legally incomplete or invalid, the remaining parts of the contract shall nevertheless remain valid and the relevant laws shall apply instead of the invalid or incorrect part.
The seller does not have a code of conduct within the meaning of the Act prohibiting unfair commercial practices towards consumers.
Information on the operation of the product containing digital elements and on the applicable technical protection measures
The availability of the servers that provide the data on the website is over 99.9% per year. All data is backed up regularly, so that in the event of a problem, the original data content can be restored. The data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data is stored with an appropriate level of encryption, and encryption is supported by hardware built into the processor.
Information about the essential characteristics of the products
Information about the essential characteristics of the products offered for sale on the Website is included in the description of each product.
Correction of errors in data entry - Responsibility for the accuracy of the transmitted data
During the ordering process and before completing the order, you can change the entered data at any time (clicking the "Back" button in the browser will open the previous page, allowing you to correct the entered data even if you have already moved on to the next page). Please note that you are responsible for the accuracy of the data you enter, as the products will be invoiced and delivered based on the data you provide. Please also note that an incorrectly entered email address or the exhaustion of the storage space associated with the mailbox may result in the confirmation not being delivered and the contract not being concluded. If the buyer has completed the order and discovers an error in the provided data, they must initiate a change to the order in question as soon as possible. The buyer may notify their intention to change the incorrect order by email to the email address provided by the buyer when placing the order or by telephone.
Use of the website
The purchase does not require registration.
FansBRANDS® - Official Motorsport Fan Shop
Selection of products
By clicking on the product categories on the website, you can select the desired product family and the individual product within that product family. Clicking on each product will reveal the product's photo, item number, description, and price. Upon purchase, you must pay the price indicated on the website.
Add products to your shopping cart
After selecting the product, you can add the items in the desired quantity to your shopping cart by clicking the "Add to cart" button without being obliged to purchase or pay, as adding products to your shopping cart does not constitute an offer.
We recommend adding products to your shopping cart even if you're unsure whether or not you want to purchase a particular product. This will give you an overview of your selected items and allow you to view and compare them on your screen with a single click. The contents of your shopping cart can be freely modified until the order is completed—until you click the "Submit Order" button. This means you can add or remove items from the shopping cart.
You can add additional items to your shopping cart or change the quantity of items as desired.
When you add the selected product to your shopping cart, a separate window will appear with the message "Product added to cart." If you do not wish to select any more items, please click the "Add to cart" button. If you would like to view the selected product again or add more products to your shopping cart, please click the "Back to products" button.
View of the shopping cart
While using the website, you can check the contents of your shopping cart at any time by clicking the "Your Cart" button at the top of the page. This gives you the option to remove items from your shopping cart or change the desired quantity. After clicking the "Update Cart" button, the system will display the information corresponding to the data you have changed, including the price of the products you have placed in your shopping cart.
If you do not wish to select any more items, you can continue shopping by clicking the "Checkout" button.
Provision of customer data
After clicking the "Checkout" button, the contents of your shopping cart and the total purchase price to be paid for the selected products will be displayed. Please select an option in the "Delivery Options" field depending on whether you want to collect the ordered products yourself (collection) or request delivery. If you choose delivery, the system will display the delivery fee to be paid when you place your order.
You can enter your email address in the "User Information" text field, and your full name, address, and phone number in the "Billing Information" text field. The system automatically saves the information entered in the "Billing Information" field in the "Delivery Information" text field. If you would like delivery to a different address, please uncheck the corresponding box. You can enter additional information in the "Additional Information" text field.
Check your order
After completing the above fields, you can proceed with the checkout process by clicking the "Continue" button, or you can delete/modify the previously entered data by clicking the "Cancel" button and return to the shopping cart contents. After clicking "Continue," you will be taken to the "Order Review" page. This page displays a summary of the previously entered data, including the contents of your shopping cart, user, billing, and delivery information, and the amount to be paid (you cannot change this data unless you click the "Back" button).
Completion of the order (submission of an offer)
Once you have verified that your shopping cart contains the products you wish to purchase and that your details have been entered correctly, you can complete your order by clicking the "Pay Now" button. The data entered on the website does not constitute an offer from the seller to conclude a contract. In the case of orders under these Terms and Conditions, you are considered the seller.
By clicking the "Pay Now" button, you expressly acknowledge that your offer is deemed to have been submitted and that your declaration, if confirmed by the Seller in accordance with these Terms and Conditions, will result in a payment obligation. You are bound by your offer for a period of 48 hours. If your offer is not confirmed by the Seller in accordance with these Terms and Conditions within 48 hours, your binding offer expires.
Processing the order, conclusion of the contract
You can place your order at any time. The seller will confirm your offer no later than the business day following the day on which you submitted your offer. The contract is concluded at the time the confirmation email sent by the seller is available in your email system.
Payment options
Bank transfer
You can pay the amount due for the products by bank transfer.
Paying with cash
If you would like to pay the value of your order upon receipt of the package, please select the "Cash on Delivery" payment method.
Bank card payments
In our webshop you can pay quickly and securely with your bank card
PayPal
PayPal is available as a simple and secure payment method for customers in more than 200 countries.
PayPal has several advantages that make online shopping easier and faster while ensuring the security of your banking information:
An email address and a password are all you need to pay or make a bank transfer through the PayPal system. You can leave your bank card in your wallet.
You don't need to deposit any funds into your PayPal account to make the payment. You simply need to link your bank card to your PayPal account, and you only need to do this once, at the beginning of the process.
PayPal is a globally recognized payment method, a guarantee of secure transactions, with which you can pay for products online in 26 different currencies.
Become a PayPal member and simplify your online payments.
Wordline Six payment service
FansBRANDS® - Official Motorsport Fan Shop
Online payment solution.
Further information: https://www.six-payment-services.com/en/home.html
stripes
You can select the payment solution Stripe in the webshop.
For more information about Stripe in English, please visit this website.
Delivery methods, delivery costs
GLS courier service
Your package will be delivered by the courier service GLS.
For further information please visit the website: https://www.gls-pakete.de/kontakt
GLS collection points
Door-to-door delivery by courier is the most popular delivery method for online shopping, yet the number of those opting for personal pickup is increasing year after year. Customers can pick up their ordered products at GLS pickup points conveniently during their daily routine, where they can pay in cash.
GLS collection points are located in easily accessible locations such as shopping malls, gas stations, bookstores, or other high-traffic businesses. Most are open late at night and even on weekends, which is very convenient for customers who want to pick up or send packages. GLS notifies the customer of the arrival of their package via email or text message. The customer can pick up the package at any time within five business days, taking into account the opening hours of the respective collection point.
Home delivery with UPS standard shipping service
FansBRANDS® - Official Motorsport Fan Shop Only in the European Union.
Delivery times: 4-8 working days
Free delivery for orders over 150€.
For more information please visit the website.
Home delivery by GLS in the EU
FansBRANDS® - Official Motorsport Fan Shop
2-9 business days shipping time.
Your package will be delivered by GLS couriers to the specified delivery address. You will receive an email notification with the delivery details.
For more information please visit the website.
Deadline for implementation
The general deadline for order fulfillment is a maximum of 30 days after order confirmation. In the event of a delay by the seller, the buyer is entitled to set a grace period. If the seller fails to comply with this grace period, the buyer may withdraw from the contract. Delivery deadlines, which may differ from the general delivery period, are always specified for each delivery method.
Reservation of rights, ownership clause
If you have previously ordered products but have not accepted or collected them (this does not apply if you have exercised your right of withdrawal), or if they have been returned to the Seller with the note "Not Collected", the Seller will only fulfil your order if you pay the full purchase price and delivery costs in advance.
The Seller may withhold delivery of the Product until it has verified that the price for the Products has been successfully paid using the electronic payment solution (this also applies if the price for the Products is paid by bank transfer and the Buyer transfers the purchase price in the currency of the Buyer's Member State and the Seller does not receive the full amount of the purchase price and delivery fee due to conversion and other costs).
Bank commissions and costs). If the price of the product has not been paid in full, the seller may request the buyer to supplement the purchase price.
Selling across borders
The Seller does not distinguish between Buyers who purchase through the Website on Hungarian territory and those who do so outside Hungary, but within the territory of the European Union. Unless otherwise provided in these Terms and Conditions, the Seller guarantees delivery/collection of the Products on the territory of Hungary.
The provisions of these Terms and Conditions also apply to purchases outside Hungary. It should be noted that "Buyer" within the meaning of this section means a consumer who is a citizen or resident of a Member State, or an enterprise established in a Member State, and who purchases products or uses services within the European Union for the sole purpose of end use. "Consumer" means a natural person acting outside their commercial, industrial, craft, or professional activity.
The language of communication and purchase is primarily Hungarian, the Seller is not obliged to communicate with the Buyer in the language of the Buyer's Member State.
The seller is not obliged to comply with any non-contractual requirements imposed by the national law of the buyer's Member State for the products concerned, such as labelling or sector-specific requirements, or to inform the buyer of such requirements.
Unless otherwise provided, the Seller shall apply VAT to each Product at the rate prescribed in Hungary. The Buyer may exercise its remedies in accordance with these Terms and Conditions.
In case of electronic payment, payment is made in the currency specified by the seller,
The Seller may withhold delivery of the Product until it has verified that the price of the Products and the delivery fee have been fully and successfully paid using the electronic payment solution (this also applies if the price of the Products is paid by bank transfer and the Buyer transfers the purchase price (delivery fee) in the currency of the Buyer's Member State, and the Seller does not receive the full amount of the purchase price and delivery fee due to conversion costs and other bank fees and costs). If the price of the Product has not been paid in full, the Seller may request the Buyer to supplement the purchase price.
To ensure the delivery of the product, the Seller offers non-Hungarian buyers the same delivery options as Hungarian buyers.
If the Buyer has the option, according to the Terms and Conditions, to request delivery of the Product within the territory of Hungary or another EU Member State, non-Hungarian Buyers may also choose any delivery method specified in the Terms and Conditions.
If a buyer can choose the option of picking up the product in accordance with the Terms and Conditions, non-Hungarian buyers can also choose this option.
Otherwise, the buyer may request that the transport of the product be organized at their own expense. Hungarian buyers are not entitled to choose this option.
The Seller will fulfill the order after payment of the delivery fee. If the Buyer fails to pay the delivery fee to the Seller or fails to arrange for the product to be transported by a specified date, the Seller will terminate the contract and refund the Buyer the purchase price paid in advance.
Information for consumers
Information on the right of termination for natural persons buyers
According to Section 8:1 paragraph 1 no. 3 of the Hungarian Civil Code, only natural persons acting outside their professional, commercial or business activities are considered consumers, so legal persons are not entitled to exercise the right of withdrawal without justification .
According to Article 20 of Government Decree 45/2014 (II. 26.), consumers have a right of withdrawal without justification. Consumers may exercise their right of withdrawal within a certain period, which begins as follows:
- a) in the case of contracts for the sale of products,
- aa) at the time the product,
- ab) in the case of the sale of more than one product, where each product is delivered at a different time, the time of the last delivery of the product
has been received by the consumer or by a third party other than the carrier designated by the consumer, if that period is 180 days.
The withdrawal period established by Government Decree 45/2014 (II. 26.) is 14 days, and the additional withdrawal period is voluntarily adopted by the Seller in these Terms and Conditions in addition to the statutory period.
The provisions of this section shall not affect the consumer's right to exercise his or her right of withdrawal as set out in this section during the period between the day on which the contract is concluded and the day on which he or she receives the product.
If the offer to conclude a contract was made by the consumer, the consumer has the right to withdraw from the offer, which ends the binding period of the offer for the conclusion of the contract.
Declaration of withdrawal, exercise of the consumer's right of withdrawal or termination
The consumer may exercise his or her right under Section 20 of Government Decree 45/2014 (II. 26.) by making a clear declaration to that effect or by using the model declaration, which can also be downloaded from the website.
Validity of the consumer’s declaration of withdrawal
The right of withdrawal is deemed to have been exercised in a timely manner if the consumer's declaration is sent within the relevant period. The period is 180 days.
In the event of a written withdrawal or termination, it is sufficient to send the declaration of withdrawal or termination within 14 days.
The withdrawal period established by Government Decree 45/2014 (II. 26.) is 14 days, and the additional withdrawal period is voluntarily adopted by the Seller in these Terms and Conditions in addition to the statutory period.
The burden of proof that the consumer has exercised his right of withdrawal in accordance with this provision lies with the consumer.
The seller is obliged to confirm the buyer's declaration of withdrawal on an electronic data carrier after receipt of the declaration.
Obligations of the seller in the event of withdrawal by the consumer
The seller’s obligation to reimburse
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (II. 26.), the
The seller will refund the entire amount paid by the buyer within 14 days, including any costs incurred in connection with the service, such as delivery charges. Please note that this provision does not apply to additional costs resulting from choosing a delivery method other than the least expensive standard delivery method.
The manner in which the seller fulfils his obligation to reimburse
In the event of withdrawal or termination pursuant to Article 22 of Government Decree 45/2014 (II. 26.), the Seller will refund the amount to the Consumer using the same payment method originally used by the Consumer. With the express consent of the Consumer, the Seller may use a different payment method without incurring any additional fees. The Seller is not liable for delays resulting from the Consumer's incorrect and/or inaccurate provision of the account number or postal address.
Additional costs
If the consumer has expressly chosen a method of delivery other than the least expensive standard delivery method, the seller is not obligated to reimburse the costs incurred as a result of this choice. In such cases, our obligation to reimburse will only cover the stated standard delivery costs.
Right to refuse performance
The seller may retain the amount due from the consumer until the consumer has returned the product or provided unequivocally proof of having returned it; the earlier of these two dates shall be taken into account. We cannot accept shipments sent cash on delivery or by the recipient.
Obligations of the consumer in the event of withdrawal or termination of the contract
Return of the product
If the consumer withdraws from the contract pursuant to Section 22 of Government Decree 45/2014 (II. 26.), they are obliged to return or hand over the product to the seller or to the person designated by the seller to receive the product immediately, but no later than fourteen days after the declaration of withdrawal. The obligation to return is deemed to have been fulfilled on time if the consumer sends the product before the expiry of the deadline.
Covering the direct costs associated with returning the product
The direct costs of returning the product are borne by the consumer. The product must be sent to the seller's address. If the consumer terminates the off-premises or distance service contract after the service has begun, they are obliged to pay the company compensation corresponding to the service provided up to the time of termination. This reasonable amount to be paid by the consumer is to be determined based on the total amount of consideration stipulated in the contract, plus applicable taxes. If the consumer proves that the total amount thus determined is excessive, the reasonable amount is to be calculated based on the market value of the services provided up to the time of termination of the contract. Please note that we cannot accept shipments sent by cash on delivery or cash on delivery.
Consumer liability for depreciation
The consumer is liable for any depreciation of the product resulting from use beyond that necessary to establish its nature, characteristics and functioning.
The right of withdrawal cannot be exercised in the following cases
The Seller expressly states that you cannot exercise your right of withdrawal in the cases listed in paragraph (1) of Article 29 of Government Decree 45/2014 (II.26.):
- after the service has been fully performed, but where the contract creates a payment obligation for the consumer, this exception can only be invoked if the consumer has expressly agreed and acknowledged, before the service begins, that he will lose his right of withdrawal once the contract has been fully performed by the company;
- in relation to products or services whose price or fee depends on fluctuations in the financial market that cannot be influenced by the company and that are possible even during the period set for exercising the right of withdrawal;
- if the products are not prefabricated and have been manufactured according to the instructions and express wishes of the consumer, or if the products are clearly tailored to the consumer;
- for perishable products or products with a short shelf life;
- for products with closed packaging which, once opened, cannot be returned for reasons of health protection or hygiene;
- if the products are, by their nature, inseparably mixed with other products after delivery;
- for alcoholic beverages whose actual value depends on fluctuations in the financial market which cannot be influenced by the company and whose price was agreed upon by the parties at the time of conclusion of the contract of sale, but the contract is not fulfilled until after the thirtieth day after the conclusion of the contract;
- in the case of service contracts where the company contacts the consumer at the consumer's express request to carry out urgent repair or maintenance work;
- in the sale and purchase of audio and video recordings in sealed packaging or copies of computer software, if the consumer has opened the packaging after delivery;
- in relation 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 housing services, contracts for the provision of accommodation, transport, car rental, catering or leisure services, where the contract specifies a date or time limit for performance;
- in relation to digital content supplied on a non-physical medium, where the seller has commenced his performance with the consumer's express prior consent and, at the same time as giving that consent, the consumer has confirmed in a statement that he will lose the right of withdrawal once the performance has begun and the trader has sent a confirmation to the consumer.
Information on product liability and implied warranties with regard to the guarantee of conformity of products in consumer contracts
This section of the consumer information has been prepared on the basis of paragraph (3) of Section 9 of Government Decree 45/2014 (II.26.) in relation to Annex No. 3 thereto.
This consumer information applies only to purchasers who qualify as consumers; the rules applicable to non-consumers are contained in a separate chapter.
Requirement of contract performance in consumer contracts
General requirement of contract performance for products and products with digital elements sold under a consumer contract
At the time of performance, the products and the service must meet the requirements prescribed in Government Decree 373/2021 (VI.30.).
In order for the service to be in accordance with the contract, the product serving as the subject matter of the contract must
correspond to the description, quantity, quality and type specified in the contract, have the functionality, compatibility and interoperability and other characteristics specified in the contract
be suitable for any purpose specified by the consumer, which the consumer has brought to the seller's attention at the latest at the time of conclusion of the contract and which the seller has accepted
have all the accessories and operating instructions agreed upon in the contract, including commissioning instructions, installation instructions and customer service support, and
to make the updates specified in the contract.
In order for the service to be in accordance with the contract, the product serving as the subject matter of the contract must also
be fit for the purposes laid down for the same type of product by law, technical standards or, in the absence of technical standards, by the applicable code of conduct
correspond to the quantity, quality, performance and other characteristics that the consumer can reasonably expect, in particular as regards functionality, compatibility, accessibility, continuity and safety, which are usual for the same type of goods, taking into account the public statements, in particular in advertising or on a label, by the seller, his representative or other persons involved in the sales chain about the specific characteristics of the products
contain all accessories and instructions that the consumer can reasonably expect, including packaging and assembly instructions, and
correspond to the characteristics and description of the product presented as a sample or model or made available by the company as a trial version before the conclusion of the contract.
The product does not have to comply with the aforementioned public declarations if the seller proves that
she had no knowledge of the public statement in question and was not required to have knowledge of it
the public statement in question has been corrected accordingly by the time the contract is concluded, or
the public statement in question could not influence the rightholder’s decision to conclude the contract.
Requirement of contract performance when selling products under a consumer contract
The seller’s performance is defective if the defect in the product is due to improper commissioning, provided that
- commissioning is part of the contract of sale and was carried out by the seller or the seller is liable in this respect; or
- the commissioning had to be carried out by the consumer and the improper commissioning is due to the inadequacies of the commissioning instructions provided by the seller or, in the case of products containing digital elements, by the provider of digital content or digital services.
If, according to the sales contract, the commissioning of the product is carried out by the seller or the seller is liable for it, the seller's service is deemed to have been provided upon completion of commissioning.
If, in the case of a product containing digital elements, the sales contract stipulates that the digital content or digital service is to be provided continuously for a certain period of time, the seller shall be liable for the defect in the product related to the digital content if the defect occurs or becomes apparent within two years of the delivery of the product, if the service is provided continuously for a period not exceeding two years.
Requirement of contract performance when selling products containing digital elements under a consumer contract
For products containing digital elements, the seller shall ensure that the consumer is informed of and receives updates to the digital content of the product or the related digital service, including security updates, where such updates are necessary to maintain the conformity of the product.
The seller ensures the availability of updates for a period of
which the consumer can reasonably expect, given the nature and purpose of the product and the digital elements, as well as the individual circumstances and the nature of the contract, if the sales contract requires the one-time supply of the digital content or digital service; or
two years after the delivery of the product, in the case of an ongoing service for a maximum period of two years if the sales contract provides for the continuous supply of the digital content for a specific period.
If the consumer fails to install the updates provided within a reasonable period of time, the seller shall not be liable for the defect in the product if the defect is solely due to the lack of the relevant update, provided that
- the seller has informed the consumer about the availability of the update and the consequences of the consumer not installing the update and
- the failure to install the update by the consumer or the incorrect installation of the update by the consumer is not due to the inadequacy of the installation instructions provided by the seller.
There is no defective performance if the consumer was separately informed at the time of conclusion of the contract that a certain characteristic of the product deviates from the characteristics prescribed therein and this difference was separately and expressly acknowledged by the consumer at the time of conclusion of the contract.
Contractual performance requirements for digital content sold under a consumer contract, in the case of the sale
The seller delivers and makes available the digital content to the consumer. Unless otherwise agreed between the parties, the seller shall, immediately after the conclusion of the contract, provide the consumer with the latest version of the digital content available at the time of signing the contract.
The service is deemed to be completed when the digital content or, if necessary for access or suitable for downloading, a solution is available to the consumer or on a physical or virtual device selected by the consumer for that purpose.
The seller must ensure that the consumer is informed that the digital content contains and receives such updates, including security updates, as are necessary to maintain the contractual nature of the service.
If, on the basis of the contract, the digital content is made available for a specific period of time, it is continuous. With regard to the digital content, compliance with the contract must be provided throughout the entire duration of the contract. If the consumer does not install the updates provided by the seller within a reasonable time, the seller is not liable for the failure of the service if it is only the update in question that results from its lack of application, provided that
the seller has informed the consumer about the availability of the update and the consequences of the installation by the consumer of the error and
the failure to install the update by the consumer or the incorrect installation of the update by the consumer is not due to the incompleteness of the installation instructions provided by the seller.
Defective performance cannot be established if the consumer is separately informed at the time of conclusion of the contract that a particular characteristic of the digital content deviates from the requirements set out here and the consumer must expressly declare at the time of conclusion of the contract that he accepts this deviation.
The seller is deemed to be performing defectively if the fault of the digital content service lies in the consumer unprofessionally integrating the digital content into his environment, provided that the integration of the digital content was carried out by the seller or the integration was carried out by the seller under his responsibility; the possession of digital content must be integrated by the consumer, and the unprofessional integration by the seller was caused by deficiencies in the integration instructions provided by
If the contract for digital content or digital service has continuous service for a specific period, the seller of the digital content is responsible for a defect if the defect occurs during the period specified in the
contract or becomes recognizable.
If the contract involves a single service or a series of individual performance acts, it is presumed, until proven otherwise, that the defect identified by the consumer already existed at the time of service provision within one year. If the seller fails to provide the service at the same time, the seller is at fault if they prove that the consumer's digital environment is not compatible with the technical requirements of the digital content or digital service and the contract informed the consumer in a clear and understandable manner before its conclusion.
The consumer is obliged to cooperate with the seller so that the seller can ensure - technically speaking, with the equipment available and with the least effort for the consumer using it - that the cause of the defect lies in the consumer's digital environment. If the consumer fails to comply with this obligation to cooperate after the seller has informed them of this obligation in a clear and understandable manner before the conclusion of the contract, the consumer bears the burden of proof that the defect discovered within one year of completion already existed at the time of completion, that the performance affected by a defect discovered during the contract term was not in accordance with the contract, and that the performance was not in accordance with the contract during the contractually agreed performance period.
Implied warranty
In which cases can you assert your rights under the statutory warranty?
In case of defective performance by the seller, you may assert an implied warranty claim in accordance with the provisions of the Hungarian Civil Code and, in the case of a consumer contract, in accordance with Government Decree 373/2021 (VI.30.).
What rights do you have based on your claim to an implied warranty?
At your option, you may assert the following implied warranty claims:
You may request either repair or replacement, unless fulfilling this warranty right is impossible or would involve disproportionate expenditure for the seller compared to the alternative remedy. If you could not or cannot request repair or replacement, you may request a reasonable reduction in the price or, as a last resort, cancel the contract.
You are entitled to switch from the warranty right you have chosen to another, in which case you must bear the costs of the change, unless it was justified or necessary by the seller's conduct.
In the case of a consumer contract, a defect discovered within one year of delivery of the product or of the product containing digital elements shall be presumed, unless proven otherwise, to have already existed at the time of delivery, unless this presumption is incompatible with the nature of the product or the defect.
For used goods, warranty and guarantee rights differ from the general rules. Defective performance can also occur with used products, but the circumstances that led the consumer to expect the occurrence of certain defects must be taken into account. Due to obsolescence, certain defects are becoming more common, so a used product cannot be expected to be of the same quality as a newly purchased product. Therefore, the buyer can only assert their warranty rights with regard to defects that go beyond those resulting from the product's used condition and that occur independently of this condition. If the used product is defective and the buyer, who is considered a consumer, was informed of this defect at the time of purchase, the service provider is not liable for the defect.
The Seller may refuse to restore the product to the contractual condition if the repair or replacement is impossible or would involve disproportionate expenditure for the Seller, taking into account all circumstances, in particular the value of the product in perfect condition and the seriousness of the breach of contract.
Depending on the seriousness of the breach of contract, the consumer may demand an appropriate reduction of the consideration or even terminate the purchase contract if
the seller has not carried out the repair or replacement or has carried out the repair or replacement but has not fully or partially fulfilled the following conditions:
the seller takes back the replaced product at his own expense
Where the repair or replacement requires the removal of a product which, in view of its nature and purpose, was put into service before the defect was discovered, the obligation to carry out the repair or replacement shall include the removal of the non-conforming product and the putting into service of the replacement or repaired product, or the assumption of the costs of such removal and putting into service.
the seller has refused to bring the product into conformity with the contract
a repeated failure in performance occurs despite the seller's attempts to bring the product into conformity with the contract
the seriousness of the breach is so significant that it justifies an immediate reduction of the price or immediate termination of the contract of sale, or
the seller has not undertaken to bring the product into conformity with the contract, or it follows from the circumstances that the company will not bring the product into conformity with the contract within a reasonable time or without significantly prejudicing the interests of the consumer.
If the consumer wishes to terminate the purchase contract on the grounds of defective performance, the seller bears the burden of proof that the defect is insignificant.
The consumer has the right to reclaim the remaining amount of the purchase price, in whole or in part, depending on the seriousness of the breach of contract, until the seller has fulfilled his obligations with regard to the conformity of the service and the defective service.
As a general rule
the seller must return the replaced product at his own expense
Where the repair or replacement requires the removal of a product which, in view of its nature and purpose, was put into service before the defect became apparent, the obligation to carry out the repair or replacement shall include the removal of the non-conforming product and the putting into service of the replacement or repaired product, or the assumption of the costs of such removal and putting into service.
The reasonable period for repair or replacement of the product shall be calculated from the date on which the consumer notifies the company of the defect.
The consumer must make the product available to the company so that it can carry out the repair or replacement.
The reduction in consideration shall be deemed appropriate if its amount corresponds to the difference between the value of the product that the consumer would have received if the seller had performed in accordance with the contract and the value of the product that the consumer actually received.
The consumer's implied warranty right to terminate the sales contract may be exercised by means of a legal declaration addressed to the seller expressing the decision to terminate.
If the defective performance concerns only a specific part of the delivered product and the conditions for exercising the right of withdrawal are met with regard to that part, the consumer may terminate the sales contract only with regard to the defective product, but also with regard to any other product purchased together with the defective product, if it cannot reasonably be expected of the consumer to keep only the products that conform to the contract.
If the consumer terminates the sales contract in whole or in part with regard to the products delivered under the sales contract,
the consumer must return the product in question to the seller at the seller’s expense and
the seller shall reimburse the consumer the purchase price paid for the product in question without undue delay as soon as the seller receives the product or proof of the return of the product.
Within what period of time can you assert your claim under an implied warranty?
You are obligated to report the defect immediately upon discovery. A defect reported within two months of discovery is considered an immediate defect. Please note, however, that after the expiration of the two-year limitation period, which begins upon conclusion of the contract, no implied warranty claims can be asserted.
The limitation period does not include the duration of the repair during which the buyer cannot use the product as intended.
The limitation period for implied warranty claims begins anew for the repaired or replaced part of the product. This also applies if a different defect arises as a result of the repair.
If the subject matter of the contract between a consumer and a trader is a used product, the parties may agree on a shorter limitation period; however, a limitation period of less than one year may under no circumstances be validly agreed.
Against whom can you assert your claims under the statutory warranty?
You can assert your warranty claim against the seller.
What other requirements must be met to assert your claim for an implied warranty?
To assert your implied warranty claim within one year of performance, there are no other requirements than notification of the defect, provided you prove that the product was delivered by the seller. However, after the one-year period, which begins with the performance, you are obligated to prove that the defect you identified already existed at the time of performance.
Product liability
In which cases can you assert your product liability rights?
In the event of a defect in an item (product), you can assert the statutory warranty claims or product liability claims at your discretion.
What rights do you have based on your product liability claim?
As a product liability claim, you can only demand the repair or replacement of the defective product.
In which cases is the product considered defective?
A product is considered defective if it does not meet the quality requirements applicable at the time of its placing on the market or if it does not have the characteristics stated in the manufacturer's description.
Within what period of time can you assert your product liability claim?
You can assert your product liability claim within two years of the product being placed on the market by the manufacturer. After this period, you lose your right to assert a product liability claim.
Against whom and under what other conditions can you assert your product liability claim?
You can only assert your product liability claim against the manufacturer or distributor of a physical item. If you assert a product liability claim, you must prove the product's defect.
In which cases is the manufacturer (distributor) exempt from product liability?
The manufacturer (distributor) will only be released from product liability if he can prove that:
he has not manufactured the product or placed it on the market in the course of his business activities, or
the defect was not detectable in the light of the state of the art at the time the product was placed on the market, or
the defect in the product is due to the application of laws or government regulations.
The manufacturer (dealer) only has to prove one of the above-mentioned causes.
Please note that you cannot assert a warranty claim and a product liability claim simultaneously and in parallel for the same defect. However, in the event of a successful warranty claim, you may assert your product liability claim against the manufacturer with respect to the replaced product or its repaired parts.
guarantee
In which cases can you exercise your warranty rights?
According to Government Decree 151/2003 (IX.22.) on the mandatory guarantee for certain durable goods, the seller is obliged to provide a guarantee when selling new durable goods listed in Annex 1 to the Decree (e.g. technical goods, tools, machinery), as well as their accessories and components to the extent specified therein (hereinafter referred to jointly as consumer goods for the purposes of this section).
The rights under the guarantee can be asserted with a guarantee certificate, which cannot be made a condition for the return of the opened packaging of a consumer product by the consumer. If the guarantee card is not made available to the consumer, the conclusion of the contract is deemed to be proven if the proof of payment of the consideration - in relation to the general VAT invoice or the legally issued receipt
- be presented by the consumer. In this case, the rights under the guarantee can be asserted with a receipt confirming payment of the consideration.
In addition, the seller may voluntarily enter into a guarantee obligation; in this case, he must provide the buyer, who is considered a consumer, with a guarantee declaration.
The guarantee declaration must be made available to the consumer on a durable medium at the latest at the time of delivery of the product.
The warranty statement must contain the following:
a clear indication that in the event of a defective delivery of the product, the consumer is entitled to assert his statutory warranty rights free of charge, which rights are not affected by the guarantee
Name and address of the guarantor
the procedure to be followed by the consumer to make a claim under the guarantee, the product covered by the guarantee, and
the conditions of the guarantee.
What rights do you have under the mandatory warranty and within what period can you exercise these rights? Warranty rights
Based on the warranty rights, the buyer can demand repair or replacement, claim a price reduction in the cases provided for by law or, as a last resort, withdraw from the contract if the obligated party has not carried out the repair or replacement or has not done so within a reasonable period of time taking into account the interests of the rights holder, or if the rights holder's interest in the repair or replacement has ceased to exist.
The Buyer may, at his discretion, assert his claim for repair directly at the Seller's registered office, at any office or branch, or at the repair service indicated by the Seller on the warranty certificate.
Deadline for asserting the claim
Warranty claims can be asserted within the warranty period resulting from Government Decree 151/2003 (IX. 22.) the following:
- one year for goods with a purchase price of more than 10,000 HUF but not more than 000 HUF,
- two years for goods with a purchase price of more than 100,000 HUF but not more than 000 HUF,
- three years for goods with a purchase price of more than 000 HUF.
Failure to comply with the aforementioned deadlines will result in the expiration of the warranty rights; however, in the case of repair of the consumer goods, the warranty period shall be extended by the time during which the buyer cannot use the product as intended due to the defect, starting from the date of delivery for repair.
The warranty period begins on the day the consumer goods are handed over to the buyer or on the day they are put into operation if this was done by the seller or his agent.
If the buyer commissions the consumer goods more than six months after delivery, the warranty period begins on the day of delivery.
Rules for processing warranty claims
When initiating repairs, the seller will endeavor to complete the repair within 15 days. The repair period begins on the day the consumer goods are accepted for repair.
If the duration of the repair or replacement exceeds fifteen days, the seller is obliged to inform the buyer of the expected duration of the repair or replacement.
If, during the first repair of the consumer goods during the warranty period, the seller determines that the consumer goods cannot be repaired, the seller is obliged to replace the consumer goods within eight days, unless the buyer provides other instructions. If the replacement of the consumer goods is not possible, the seller is obliged to reimburse the buyer within eight days the purchase price stated on the proof of payment for the consumer goods – an invoice or receipt in accordance with the VAT Act – presented by the consumer.
By accepting the Terms and Conditions, the Buyer also agrees to receive the necessary information electronically or by any other means suitable to prove that the Buyer has received the information.
If the seller cannot repair the consumer goods within 30 days:
the repair can be carried out within a longer period, provided the buyer has agreed to this, or
if the buyer does not agree to the repair within a longer period or has not commented on it, the consumer goods must be replaced within eight days after the unsuccessful expiry of the thirty-day period, or
If the buyer does not agree to the implementation of the repair within a longer period or has not commented on it, but the replacement of the consumer goods is also not possible, the purchase price stated on the invoice or receipt for the consumer goods will be refunded to the buyer within eight days after the unsuccessful expiry of the thirty-day period.
If the consumer goods are defective for the 4th time, the buyer has the right to:
to request repair from the seller, or
instead of asserting a claim for repair, demand from the seller a reasonable reduction of the purchase price in accordance with paragraph (2) letter b) of Section 6:159 of the V. Act of 2013 on the Hungarian Civil Code, or
instead of asserting a claim for repair, to repair the consumer goods or have them repaired at the seller's expense, in accordance with Article 6:159 paragraph 2 letter b) of Act V of 2013 on the Hungarian Civil Code, or
If the buyer has not exercised these rights (repair, price reduction, repair of the consumer goods) or has not made a declaration to this effect, the consumer goods must be replaced within eight days or, if replacement of the consumer goods is not possible, the purchase price stated on the invoice or receipt for the consumer goods must be refunded to the buyer within eight days.
Consumer goods covered by the warranty obligation under Government Decree 151/2003, which are permanently installed, weigh more than 10 kg or cannot be transported as hand luggage on public transport
Means of transport, with the exception of vehicles, must be repaired at the place of use. If the repair cannot be carried out at the place of use, the entrepreneur or, in the case of a claim asserted directly with the repair service, the repair service itself must arrange for the removal and installation, as well as the delivery and return of the consumable.
Exceptions to the guarantee
The provisions under the heading "Rules for Handling Warranty Claims" do not apply to electric bicycles, electric scooters, quads, motorcycles, mopeds, cars, caravans, motorhomes, motorhomes with trailers, trailers and motorboats.
However, even for these products, the seller is obliged to endeavour to fulfil the repair claim within 15 days.
If the duration of the repair or replacement exceeds fifteen days, the seller is obliged to inform the buyer of the expected duration of the repair or replacement.
What is the relationship between a guarantee and other warranty rights?
Guarantee rights exist in addition to warranty rights (product liability and implied warranty), whereby a fundamental difference between general warranty rights and the guarantee is that the burden of proof is more favorable for the consumer in the case of a guarantee.
The seller's voluntary guarantee during the statutory warranty period may not contain conditions that are more disadvantageous to the consumer than the rights provided for by the statutory warranty rules. However, the terms of the voluntary guarantee are freely selectable, but even in this case, the guarantee cannot affect the consumer – including the existence of rights under the accessory guarantee.
Request for replacement within three working days
The right to a replacement within three business days also applies to purchases made in online stores. A right to an exchange within three business days can be exercised for new consumer goods in accordance with Government Decree 151/2003 (IX. 22.), which stipulates that if a person claims a replacement within three business days, the seller will assume that the product was defective at the time of sale and must replace it immediately.
In which cases is the seller released from his warranty obligation?
The seller will only be released from his warranty obligation if he proves that the cause of the effect occurred after the performance.
Please note that you cannot assert an implied warranty claim and a guarantee claim or a product liability claim and a guarantee claim simultaneously and in parallel for the same defect, but otherwise you are entitled to the rights under the guarantee independently of the warranty rights.
Information on product liability and implied warranties relating to the guarantee of conformity of products for purchasers who are not considered consumers
General rules for implied warranty rights
A buyer who is not considered a consumer may, at his discretion, assert the following warranty claims:
You may request either repair or replacement, unless fulfilling the warranty at your discretion is impossible or would involve disproportionate expenditure for the seller compared to the alternative remedy. If you have not requested or could not request repair or replacement, you may request a reasonable reduction in the consideration, remedy the defect yourself or have it remedied at the seller's expense, or, as a last resort, withdraw from the contract.
You have the right to change the contract unless the change is justified or necessary due to the seller's conduct.
For used goods, warranty and guarantee rights differ from the general rules. Defective performance can also occur with used products, but the circumstances that led the consumer to expect the occurrence of certain defects must be taken into account. Due to obsolescence, certain defects are becoming more common, so a used product cannot be expected to be of the same quality as a newly purchased product. Therefore, the buyer can only assert their warranty rights with regard to defects that go beyond those resulting from the product's used condition and that occur independently of this condition. If the used product is defective and the buyer, who is considered a consumer, received information about this defect at the time of purchase, the service provider is not liable for this defect.
For buyers who are not considered consumers, the period for asserting warranty claims is 1 year, starting from the date of service (delivery).
Product liability and warranty
Only buyers who are considered consumers have product liability rights and rights under the statutory warranty.
If the seller provides a voluntary guarantee for the product, he must state this separately when purchasing the product.
If the manufacturer provides a manufacturer's warranty that also covers buyers who are not considered consumers, such claims can be asserted directly against the manufacturer.