Terms of Service

Website: www.botoshka.com
Effective date: 10 July 2026

Terms and Conditions

Preamble

Welcome to our website!

Thank you for choosing our online store and for placing your trust in us.

These Terms and Conditions have been prepared using the Fogyasztó Barát Terms and Conditions generator.

If you have any questions regarding these Terms and Conditions, the use of our website, our products, or the purchasing process, or if you would like to discuss a specific request with us, please contact us using the contact details provided below.


Imprint – Service Provider / Seller Information

Name: Harsányi Hajnalka

Registered office:
3433 Nyékládháza, Onodi Út 2/a
Hungary

Postal address:
1125 Budapest, Dániel út 19-23. Building F, 4/17.
Hungary

Registration authority:
National Tax and Customs Administration of Hungary (NAV)

Registration number:
62367918

Tax number:
92087729-1-25

Representative:
Harsányi Hajnalka

Telephone:
+36 20 949 2510

Email:
info@botoshka.com

Website:
http://www.botoshka.com

Bank account number:
1177306100296094

IBAN:
HU11117730610029609400000000

SWIFT/BIC code:
OTPVHUHB


Hosting Provider Information

Name: Shopify Inc.

Registered office:
150 Elgin Street, 8th Floor
Ottawa, ON K2P 1L4
Canada

Contact:
+1 888 746 7439
support@shopify.com

Website:
www.shopify.com


Definitions

Goods:
Products offered on the Website and intended for sale through the Website, including goods containing digital elements.

Goods containing digital elements:
Movable goods that include digital content or digital services, or are connected with digital content or digital services in such a way that the goods could not perform their functions without such digital content or digital services.

Digital content:
Data produced or supplied in digital form.

Parties:
The Seller and the Buyer collectively.

Consumer:
A natural person acting outside the scope of their profession, independent occupation, or business activity.

Consumer contract:
A contract where one of the parties qualifies as a consumer.

Functionality:
The ability of goods containing digital elements, digital content, or digital services to perform the functions corresponding to their purpose.

Manufacturer:
The producer of the Goods, or in the case of imported Goods, the importer bringing the Goods into the territory of the European Union, as well as any person who presents themselves as the manufacturer by placing their name, trademark, or other identifying mark on the Goods.

Interoperability:
The ability of goods containing digital elements, digital content, or digital services to operate together with hardware and software different from those normally used with goods, digital content, or digital services of the same type.

Compatibility:
The ability of goods containing digital elements, digital content, or digital services to operate together with hardware or software normally used with goods, digital content, or digital services of the same type, without the need for conversion.

Website:
This website used for concluding contracts.

Contract:
A sales contract concluded between the Seller and the Buyer through the Website and/or electronic communication.

Durable medium:
Any device that allows the consumer or business to store personally addressed information in a way that enables future access for a period adequate for the purposes of the information and allows unchanged reproduction of the stored information.

Means of distance communication:
Any device suitable for making contractual statements without the simultaneous physical presence of the parties, especially forms, standard letters, catalogue orders, telephone, fax, and internet-based communication tools.

Distance contract:
A consumer contract concluded without the simultaneous physical presence of the parties within an organised distance sales system, using only means of distance communication.

Business / Seller:
A person acting within the scope of their profession, independent occupation, or business activity.

Buyer / You:
The person making a purchase offer and entering into a contract through the Website.

Guarantee:
In consumer contracts, a voluntary or legally required commitment by the business to ensure proper performance of the contract beyond statutory obligations or where no statutory obligation exists.

Purchase Price:
The consideration payable for the Goods and/or the supply of digital content.

Applicable Laws

The contract is governed by the laws of Hungary and, in particular, by the following legislation:

  • Act CLV of 1997 on Consumer Protection

  • Act CVIII of 2001 on Certain Issues Relating to Electronic Commerce Services and Information Society Services

  • Act V of 2013 on the Civil Code

  • Government Decree 151/2003 (IX.22.) on Mandatory Warranty for Certain Consumer Durable Goods

  • Ministry of Justice Decree 10/2024 (VI.28.) on the scope of durable consumer goods subject to mandatory warranty

  • Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses

  • Ministry for National Economy Decree 19/2014 (IV.29.) on the procedural rules for handling warranty and guarantee claims relating to goods sold under consumer contracts

  • 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 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market

  • Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data

  • Government Decree 373/2021 (VI.30.) on the detailed rules of contracts between consumers and businesses concerning the sale of goods, the supply of digital content and digital services


Scope of the Terms and Conditions

The content of the contract concluded between us is determined by these Terms and Conditions (hereinafter referred to as the "T&C"), together with the mandatory provisions of applicable law.

These Terms and Conditions define the rights and obligations of both parties, the conditions for concluding the contract, delivery deadlines, shipping and payment conditions, liability rules, and the conditions for exercising the right of withdrawal.

Technical information required for using the Website, which is not included in these Terms and Conditions, is provided through other information available on the Website.


Language and Form of the Contract

The language of contracts covered by these Terms and Conditions is English.

Contracts covered by these Terms and Conditions are not considered written contracts, and the Seller does not file or register them separately.


Electronic Invoice

Our company issues electronic invoices in accordance with Section 175 of Act CXXVII of 2007 on Value Added Tax.

By accepting these Terms and Conditions, the Buyer agrees to the use of electronic invoices.


Prices

All prices are displayed in Hungarian Forints (HUF).

The Seller is exempt from VAT as a small business under Hungarian tax regulations; therefore, the displayed prices do not include VAT.

The Seller reserves the right to modify prices for business reasons. Price changes do not affect contracts already concluded.

If a price is displayed incorrectly and an order has been placed but the contract has not yet been concluded between the Parties, the Seller shall proceed according to the section "Procedure in Case of Incorrect Price".


Procedure in Case of Incorrect Price

The following shall be considered obviously incorrect prices:

  • A price of 0 HUF;

  • A price reduced by a discount where the displayed discounted price does not correspond to the actual discount percentage compared with the correct original price (for example: a product originally priced at 1,000 HUF with a 20% discount should cost 800 HUF, but due to a calculation error is displayed as 500 HUF).

In case of an incorrectly displayed price, the Seller offers the possibility of purchasing the product at the correct price.

After receiving this information, the Buyer may decide whether to purchase the product at the correct price or decline the purchase. If the Buyer declines, no contract is concluded between the Parties.

Complaint Handling and Legal Remedies

The Consumer may submit a claim regarding statutory warranty, product warranty or guarantee relating to the Goods, or a complaint concerning the conduct, activity or omission of the Seller or any person acting on behalf of or for the benefit of the Seller in connection with the distribution or sale of Goods to consumers (consumer complaint under the Hungarian Consumer Protection Act), using the following contact details and methods:

Claims relating to statutory warranty, product warranty or guarantee shall be handled by the Seller in accordance with the applicable legislation governing such claims, and not under the rules applicable to consumer complaints under the Hungarian Consumer Protection Act.

A consumer complaint under the Hungarian Consumer Protection Act, concerning the conduct, activity or omission of the business or any person acting on its behalf or for its benefit in connection with the distribution or sale of Goods to consumers, may be submitted orally or in writing, excluding claims relating to statutory warranty, product warranty or guarantee.

The Seller shall immediately examine any oral complaint and, where necessary, remedy it without delay.

If the Consumer does not agree with the handling of the complaint, or if the immediate examination of the complaint is not possible, the Seller shall draw up a written record of the complaint and its position regarding the complaint without delay.

In the case of an oral complaint made in person, a copy of the record shall be provided immediately to the Consumer.

If the complaint is communicated by telephone or through another electronic communications service, a copy of the record together with the Seller's substantive response shall be sent to the Consumer no later than 30 days after receipt of the complaint.

The record of the complaint shall contain at least the following information:

  • the Consumer's name, address or e-mail address;

  • the place, date and method of submitting the complaint;

  • a detailed description of the complaint;

  • a list of the documents and other evidence submitted by the Consumer;

  • the Seller's statement regarding the complaint, where immediate investigation is possible;

  • the signature of the person recording the complaint and, except for complaints submitted by telephone or other electronic communications services, the Consumer's signature;

  • the place and date of recording the complaint;

  • in the case of complaints submitted by telephone or other electronic communications services, the unique identification number of the complaint; and

  • a notice stating that if the Consumer fails to provide the information specified above or refuses to sign the record, the Seller shall not be obliged to apply the rules governing written complaints when handling the oral complaint.

If the Consumer fails to provide the required information during the submission of an oral complaint or refuses to sign the record, the Seller shall not be obliged to follow the rules applicable to written complaints when handling the oral complaint.

Unless otherwise provided by directly applicable legislation of the European Union, the Seller shall respond to written complaints in writing within thirty (30) days of receipt in a verifiable manner and shall take the necessary measures to communicate its response.

If the complaint is rejected, the Seller shall provide reasons for the rejection.

In the event of rejection, the Seller shall also inform the Consumer in writing of the competent authority or conciliation body to which the Consumer may refer the complaint according to its nature.

This information shall include the name, postal address, telephone number, website and e-mail address of the competent authority or conciliation body, as well as whether the Seller has made a general declaration submitting itself to the decisions of a conciliation body.

Where the Seller provides an electronic interface or online form for submitting complaints, it shall immediately acknowledge receipt of the complaint by e-mail to the address provided by the Consumer.

The Seller shall retain the record of oral complaints, written complaints and copies of its responses for a period of three (3) years and shall present them to the competent supervisory authority upon request.

Consumer Protection Procedure

If any consumer dispute between the Seller and the Consumer cannot be settled through negotiations, the Consumer may pursue the following legal remedies.

Consumer Protection Procedure

Consumers may file a complaint with the competent consumer protection authority if they believe that their consumer rights have been violated.

Following the examination of the complaint, the authority will decide whether to initiate consumer protection proceedings.

In Hungary, first-instance consumer protection authority functions are carried out by the competent Metropolitan or County Government Offices according to the Consumer's place of residence.

The contact details of these authorities are as follows:


Budapest Metropolitan Government Office – Consumer Protection Department

Address:
1117 Budapest, Prielle Kornélia utca 4/b, Hungary

E-mail:
fogyasztovedelem@bfkh.gov.hu

Telephone:
+36 1 450 2598

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/budapest/megye/szervezet/fogyasztovedelmi-foosztaly

Jurisdiction: Budapest


Pest County Government Office – Consumer Protection Department

Address:
1072 Budapest, Nagy Diófa utca 10–12, Hungary

E-mail:
fogyved@pest.gov.hu

Telephone:
+36 1 459 4843

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/pest/megye/szervezet/fogyasztovedelmi-foosztaly

Jurisdiction: Pest County


Bács-Kiskun County Government Office – Consumer Protection Department

Address:
6000 Kecskemét, Szent István körút 19/A, Hungary

Mailing address:
6001 Kecskemét, P.O. Box 189

E-mail:
fogyasztovedelem@bacs.gov.hu

Telephone:
+36 76 795 710

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/bacs-kiskun/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi

Jurisdiction: Bács-Kiskun County


Baranya County Government Office – Consumer Protection Department

Address:
7630 Pécs, Hengermalom utca 2, Hungary

Mailing address:
7630 Pécs, Hengermalom utca 2

E-mail:
fogyasztovedelem@baranya.gov.hu

Telephone:
+36 72 795 398

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/baranya/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es

Jurisdiction: Baranya County


Békés County Government Office – Consumer Protection Department

Address:
5600 Békéscsaba, József Attila utca 2–4, Hungary

Mailing address:
5600 Békéscsaba, József Attila utca 2–4

E-mail:
fogyved@bekes.gov.hu

Telephone:
+36 66 546 150

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/bekes/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi

Jurisdiction: Békés County


Borsod-Abaúj-Zemplén County Government Office – Consumer Protection Department

Address:
3527 Miskolc, József Attila utca 20, Hungary

E-mail:
fogyasztovedelem@borsod.gov.hu

Telephone:
+36 46 795 779

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/borsod-abauj-zemplen/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi

Jurisdiction: Borsod-Abaúj-Zemplén County

Csongrád-Csanád County Government Office – Consumer Protection Department

Address:
6722 Szeged, Rákóczi tér 1, Hungary

Mailing address:
6722 Szeged, Rákóczi tér 1

E-mail:
fogyasztovedelem@csongrad.gov.hu

Telephone:
+36 62 680 532

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/csongrad-csanad/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es

Jurisdiction: Csongrád-Csanád County


Fejér County Government Office – Consumer Protection Department

Address:
8000 Székesfehérvár, Honvéd utca 8, Hungary

E-mail:
fogyved@fejer.gov.hu

Telephone:
+36 22 501 751

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/fejer/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es

Jurisdiction: Fejér County


Győr-Moson-Sopron County Government Office – Consumer Protection Department

Address:
9022 Győr, Türr István utca 7, Hungary

E-mail:
fogyasztovedelem@gyor.gov.hu

Telephone:
+36 96 795 950

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/gyor-moson-sopron/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es

Jurisdiction: Győr-Moson-Sopron County


Hajdú-Bihar County Government Office – Consumer Protection Department

Address:
4025 Debrecen, Széchenyi utca 46, Hungary

Mailing address:
4025 Debrecen, Széchenyi utca 46

E-mail:
fogyasztovedelem@hajdu.gov.hu

Telephone:
+36 52 533 924

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/hajdu-bihar/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es

Jurisdiction: Hajdú-Bihar County


Heves County Government Office – Consumer Protection Department

Address:
3300 Eger, Kossuth Lajos utca 9, Hungary

Mailing address:
3301 Eger, P.O. Box 216

E-mail:
fogyved@heves.gov.hu

Telephone:
+36 36 515 469

Fax:
+36 36 516 040

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/heves/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi

Jurisdiction: Heves County


Jász-Nagykun-Szolnok County Government Office – Consumer Protection Department

Address:
5000 Szolnok, Indóház utca 8, Hungary

E-mail:
jasz.fogyved@jasz.gov.hu

Telephone:
+36 56 795 165

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/jasz-nagykun-szolnok/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi

Jurisdiction: Jász-Nagykun-Szolnok County


Komárom-Esztergom County Government Office – Consumer Protection Department

Address:
2800 Tatabánya, Bárdos László utca 2, Hungary

E-mail:
fogyasztovedelem.meff@komarom.gov.hu

Telephone:
+36 34 309 303

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/komarom-esztergom/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es

Jurisdiction: Komárom-Esztergom County


Nógrád County Government Office – Consumer Protection Department

Address:
3100 Salgótarján, Karancs út 54, Hungary

E-mail:
fogyved@nograd.gov.hu

Telephone:
+36 32 511 116

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/nograd/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi

Jurisdiction: Nógrád County

Somogy County Government Office – Consumer Protection Department

Address:
7400 Kaposvár, Vásártéri út 2, Hungary

E-mail:
fogyasztovedelem@somogy.gov.hu

Telephone:
+36 82 510 868

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/somogy/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es

Jurisdiction: Somogy County


Szabolcs-Szatmár-Bereg County Government Office – Consumer Protection Department

Address:
4400 Nyíregyháza, Hatzel tér 10, Hungary

Mailing address:
4401 Nyíregyháza, P.O. Box 77

E-mail:
fogyasztovedelem@szabolcs.gov.hu

Telephone:
+36 42 500 694

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/szabolcs-szatmar-bereg/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es

Jurisdiction: Szabolcs-Szatmár-Bereg County


Tolna County Government Office – Consumer Protection Department

Address:
7100 Szekszárd, Kiskorzó tér 3, Hungary

E-mail:
fogyasztovedelem@tolna.gov.hu

Telephone:
+36 74 795 385

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/tolna/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es

Jurisdiction: Tolna County


Vas County Government Office – Consumer Protection Department

Address:
9700 Szombathely, Wesselényi utca 7, Hungary

Mailing address:
9702 Szombathely, P.O. Box 24

E-mail:
fogyasztovedelem@vas.gov.hu

Telephone:
+36 70 705 1435

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/vas/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es

Jurisdiction: Vas County


Veszprém County Government Office – Consumer Protection Department

Address:
8200 Veszprém, Kistó utca 1, Hungary

Mailing address:
8200 Veszprém, Kistó utca 1

E-mail:
fogyasztovedelem@veszprem.gov.hu

Telephone:
+36 88 550 510

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/veszprem/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi

Jurisdiction: Veszprém County


Zala County Government Office – Consumer Protection Department

Address:
8900 Zalaegerszeg, Göcseji út 24, Hungary

E-mail:
fogyasztovedelem@zala.gov.hu

Telephone:
+36 92 549 180

Website:
https://kormanyhivatalok.hu/kormanyhivatalok/zala/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi

Jurisdiction: Zala County

 

Court Proceedings

The Buyer is entitled to enforce any claim arising from a consumer dispute before the competent courts of Hungary in accordance with the applicable provisions of the Hungarian Civil Code and the Hungarian Code of Civil Procedure.


Alternative Dispute Resolution (Conciliation Board Procedure)

If the Seller rejects your consumer complaint, you are entitled to initiate proceedings before the competent Conciliation Board (Békéltető Testület) based on your place of residence, habitual residence, registered office, or before any Conciliation Board specified in your application.

A prerequisite for initiating conciliation proceedings is that the consumer has first attempted to resolve the dispute directly with the Seller.

Unless the consumer requests an in-person hearing, the Conciliation Board will conduct the hearing online using electronic communication tools that provide simultaneous audio and video transmission.

The Seller is legally required to cooperate in conciliation proceedings. Accordingly, the Seller shall submit its written response to the Conciliation Board within the prescribed deadline and ensure that a representative authorized to conclude a settlement participates in the proceedings. Where the hearing is held online, such representative shall participate online. If the consumer requests an in-person hearing, the Seller's authorized representative shall participate at least online.

The Seller has not submitted a general declaration of acceptance regarding the binding decisions of any Conciliation Board.

Further information about the Hungarian Conciliation Boards is available at:

https://www.bekeltetes.hu

 

Conciliation Boards (Alternative Dispute Resolution)

If a consumer dispute between the Seller and the Consumer cannot be resolved through direct negotiations, the Consumer may initiate proceedings before the competent Conciliation Board (Békéltető Testület).

The contact details of the regional Conciliation Boards are as follows:

Budapest Conciliation Board

Seat: Budapest
Jurisdiction: Budapest

Address: 1016 Budapest, Krisztina krt. 99., 1st Floor, Room 111, Hungary
Postal Address: 1253 Budapest, P.O. Box 10, Hungary
Telephone: +36 1 488 2131
Email: bekelteto.testulet@bkik.hu
Website: bekeltet.bkik.hu

Baranya County Conciliation Board

Seat: Pécs
Jurisdiction: Baranya County, Somogy County, Tolna County

Address: 7625 Pécs, Majorossy I. u. 36., Hungary
Telephone: +36 72 507 154
Email: info@baranyabekeltetes.hu
Website: baranyabekeltetes.hu

Borsod-Abaúj-Zemplén County Conciliation Board

Seat: Miskolc
Jurisdiction: Borsod-Abaúj-Zemplén County, Heves County, Nógrád County

Address: 3525 Miskolc, Szentpáli u. 1., Hungary
Postal Address: 3501 Miskolc, P.O. Box 376, Hungary
Telephone: +36 46 501 091
Email: bekeltetes@bokik.hu
Website: bekeltetes.borsodmegye.hu

Csongrád-Csanád County Conciliation Board

Seat: Szeged
Jurisdiction: Bács-Kiskun County, Békés County, Csongrád-Csanád County

Address: 6721 Szeged, Párizsi krt. 8–12., Hungary
Telephone: +36 62 549 392
Email: bekelteto.testulet@cskik.hu
Website: bekeltetes-csongrad.hu

Fejér County Conciliation Board

Seat: Székesfehérvár
Jurisdiction: Fejér County, Komárom-Esztergom County, Veszprém County

Address: 8000 Székesfehérvár, Hosszúsétatér 4–6., Hungary
Telephone: +36 22 510 310
Email: bekeltetes@fmkik.hu
Website: www.bekeltetesfejer.hu

Győr-Moson-Sopron County Conciliation Board

Seat: Győr
Jurisdiction: Győr-Moson-Sopron County, Vas County, Zala County

Address: 9022 Győr, Szent István út 10/A, Hungary
Telephone: +36 96 520 217
Email: bekelteto.testulet@gymsmkik.hu
Website: bekeltetesgyor.hu

Hajdú-Bihar County Conciliation Board

Seat: Debrecen
Jurisdiction: Hajdú-Bihar County, Jász-Nagykun-Szolnok County, Szabolcs-Szatmár-Bereg County

Address: 4025 Debrecen, Vörösmarty u. 13–15., Hungary
Telephone: +36 52 500 710, +36 52 500 745
Email: bekelteto@hbkik.hu
Website: hbmbekeltetes.hu

Pest County Conciliation Board

Seat: Budapest
Jurisdiction: Pest County

Address: 1055 Budapest, Balassi Bálint u. 25., 4th Floor, Suite 2, Hungary
Telephone: +36 1 792 7881
Email: pmbekelteto@pmkik.hu
Website: panaszrendezes.hu

 

Conciliation Board Proceedings for Persons Not Qualifying as Consumers

For the purposes of proceedings before a Conciliation Board, the following entities are also considered consumers under the Hungarian Consumer Protection Act:

  • civil organizations, churches, condominiums, and housing cooperatives acting outside their independent profession, business, or economic activities, where they purchase, order, receive, use, or are the recipients of commercial communications or offers relating to goods;

  • micro, small, and medium-sized enterprises (SMEs) that use public services or purchase or use products within the framework of retail trade as defined by Hungarian law, or are recipients of commercial communications or offers relating to such products;

  • undertakings that qualify as customers under Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence, or place of establishment within the internal market.

The Conciliation Board is entitled to verify whether the applicant qualifies as a consumer for the purposes of the proceedings. The procedural rules applicable to Conciliation Board proceedings described above shall also apply in these cases.


Copyright

Pursuant to Act LXXVI of 1999 on Copyright, this website constitutes a copyrighted work. All content, including but not limited to its texts, graphics, software solutions, databases, and other intellectual property, is protected by copyright law.

Any unauthorized use, reproduction, modification, distribution, or exploitation of the website, its software, graphic elements, or any part thereof is prohibited without the prior written consent of the copyright holders.

Even where written permission has been granted, any reproduction or use of material from the website must include an appropriate reference to the website and acknowledgment of the original source.

Copyright holders:
Botos Balázs and Harsányi Hajnalka


Partial Invalidity and Code of Conduct

Should any provision of these Terms and Conditions become invalid, unenforceable, or incomplete, the remaining provisions shall remain fully valid and effective. Any invalid or unenforceable provision shall be replaced by the applicable mandatory provisions of Hungarian law.

The Seller is not subject to any code of conduct under the Hungarian legislation governing the prohibition of unfair commercial practices towards consumers.


Information on the Essential Characteristics of the Goods

The essential characteristics, specifications, and features of each Product are described on the relevant product page of the Website.


Correction of Data Entry Errors – Responsibility for the Accuracy of Submitted Information

Before placing an order, the Customer may review and modify any information entered during the ordering process. By using the browser's "Back" function or the editing options provided on the Website, previously entered information may be corrected at any time before the order is submitted.

The Customer is solely responsible for ensuring that all information provided during the ordering process is accurate and complete. The Seller relies on the information supplied by the Customer for invoicing, shipping, and fulfilling the order.

The Seller shall not be liable for delays or failed deliveries resulting from incorrect or incomplete information provided by the Customer.

The Customer acknowledges that an incorrectly entered email address or a full mailbox may prevent the delivery of the order confirmation and may therefore prevent the conclusion of the contract.

If the Customer discovers an error after submitting the order, they must notify the Seller without undue delay. Requests to amend an order may be submitted by email from the email address used for the order or by contacting the Seller by telephone.


Purchase Restrictions

The online store currently serves private individuals (consumers) only.

If you wish to purchase on behalf of a company or other business entity, please contact us before placing your order at:

info@botoshka.com

Thank you for your understanding.


Use of the Website

Registration is not required to make purchases through the Website.

Product Selection

Products are organised into categories on the Website. By selecting a category, Customers can browse the available Products.

Each product page contains, where applicable:

  • the product name;

  • a description of the Product;

  • product photographs;

  • the purchase price; and

  • other relevant product information.

The purchase price displayed on the Website at the time of ordering shall apply.


Adding Products to the Cart

After selecting a Product, you may add it to your shopping cart by clicking the "Add to Cart" button.

Adding a Product to the cart does not constitute an offer to purchase and does not create any payment obligation.

Until the order is submitted, you may freely:

  • remove Products from the cart;

  • change quantities; and

  • add additional Products.

After a Product has been successfully added to the cart, the Website will display a confirmation message.


Viewing the Shopping Cart

You may review your shopping cart at any time by clicking the cart icon on the Website.

Within the cart you may:

  • change product quantities;

  • remove Products; and

  • review the current total purchase price.

The Website automatically recalculates the total payable amount whenever changes are made.

When you have finished shopping, click "Checkout" to continue with your purchase.


Entering Customer Information

During checkout you will be asked to provide the information necessary for processing your order, including:

  • your name;

  • email address;

  • telephone number;

  • billing address; and

  • shipping address.

You may then select the preferred shipping method and, where available, choose in-store or personal collection.

If the Website provides this option, you may also include comments or special instructions relating to your order.


Reviewing the Order

Before submitting your order, you will have the opportunity to review:

  • the Products in your cart;

  • your personal information;

  • the selected shipping method;

  • the selected payment method (where applicable); and

  • the total amount payable.

Should you wish to make any changes, you may do so before completing the order.

Your order becomes final when you click the "Pay", "Place Order", or any other button with equivalent wording indicating that the submission creates a payment obligation.

Finalising the Order (Submission of an Offer)

Once you have verified that the contents of your shopping cart are correct and that all personal information provided is accurate, you may complete your order by clicking the "Place Order" button.

The information displayed on the Website does not constitute a legally binding offer by the Seller to conclude a contract. By placing an order under these Terms and Conditions, you are deemed to be making an offer to purchase the selected Products.

By clicking the "Place Order" button, you expressly acknowledge that:

  • your order constitutes a binding offer to purchase;

  • your order creates a payment obligation; and

  • the Seller may accept your offer in accordance with these Terms and Conditions.

The Seller shall promptly acknowledge receipt of your order by electronic means.

If the acknowledgement of receipt is not delivered to the Customer within a reasonable time, taking into account the nature of the service, but no later than 48 hours after the order has been submitted, the Customer shall no longer be bound by the offer and shall not be subject to any contractual obligation.


Order Processing and Conclusion of the Contract

Orders are processed in two stages.

Orders may be submitted through the Website at any time.

After an order has been placed, the Customer will first receive an automatic confirmation email confirming only that the order has been successfully received by the Seller's system. This automatic email does not constitute acceptance of the Customer's offer and does not create a contract.

If the automatic confirmation contains incorrect information (such as the Customer's name, delivery address, telephone number, or other personal data), the Customer must notify the Seller without delay by email and provide the correct information.

If the Customer does not receive the automatic confirmation email within 24 hours of placing the order, the Customer should contact the Seller, as technical issues may have prevented the order from being received.

The Seller will subsequently review the order and send a second confirmation email accepting the Customer's offer.

The sales contract is concluded only when this second confirmation email becomes accessible to the Customer in their email account.


Procedure for Uncollected Shipments

If the Customer fails to accept delivery of the ordered Products after they have been dispatched and does not notify the Seller of their intention to exercise the statutory 14-day right of withdrawal, the Customer shall be deemed to have breached the sales contract by refusing to accept performance.

In such circumstances, the Seller may attempt to arrange a second delivery, provided that contact can be established with the Customer. Any additional delivery may be made subject to payment of a new shipping charge.

If the repeated delivery attempt is unsuccessful, or if it cannot be arranged because the Customer fails to cooperate, the Seller shall be entitled to terminate the contract with immediate effect due to the Customer's breach of contract.

The Seller may also claim compensation from the Customer for the costs incurred in connection with the unsuccessful delivery and return shipment.

The parties agree that notices relating to the termination of the contract may be sent to the email address provided by the Customer when placing the order. Such notice shall be deemed delivered when it becomes accessible in the Customer's email account.


Payment Methods

Payment by Credit or Debit Card

Payments by credit or debit card are processed securely through Shopify Payments.

During the payment process, the Customer enters their payment card details directly on Shopify Payments' secure payment platform.

The Seller does not have access to, collect, or store the Customer's payment card information.


Cash Payment

Customers choosing personal collection may also pay in cash upon collection at our workshop.


Delivery Methods and Shipping Fees

GLS Courier Service

Products are delivered by GLS Hungary.

For more information about GLS delivery services, please visit:

https://gls-group.eu/HU/en/home

Shipping fees are displayed during the checkout process before the order is submitted.


Personal Collection

Customers may collect their orders free of charge at our workshop:

1066 Budapest, Zichy Jenő utca 40., Hungary

No collection fee applies.


MPL Courier Service

Delivery is also available through MPL (Hungarian Post).

MPL offers convenient nationwide parcel delivery, including delivery to your home or workplace.

Customers may pay by bank card or cash where applicable under MPL's service conditions.

The standard MPL Business Parcel service includes two delivery attempts.

Further information is available at:

https://www.posta.hu/kuldemeny_erkezese/haznal_torteno_csomagkezbesites

 

Consumer Information

Information on the Consumer's Right of Withdrawal

Pursuant to Section 8:1 (1) point 3 of the Hungarian Civil Code, only a natural person acting outside their trade, profession, or business activity qualifies as a consumer. Therefore, legal entities are not entitled to exercise the statutory right of withdrawal without providing a reason.

In accordance with Government Decree No. 45/2014 (II.26.), the consumer has the right to withdraw from the contract without giving any reason.

For contracts relating to the sale of goods, the withdrawal period is 14 calendar days, starting from the day on which:

  • the consumer, or a third party designated by the consumer (other than the carrier), takes possession of the goods;
  • in the case of multiple goods delivered separately, the last item is received;
  • in the case of goods consisting of several lots or pieces, the last lot or piece is received;
  • in the case of goods delivered regularly over a defined period, the first delivery is received.

The consumer may also exercise the right of withdrawal during the period between the conclusion of the contract and receipt of the goods.

If the consumer submitted the offer to conclude the contract, the consumer may withdraw the offer before the contract is concluded, thereby terminating the binding effect of the offer.

If the Seller has failed to inform the consumer about the withdrawal period, the conditions for exercising the right of withdrawal (particularly those specified in Section 22 of Government Decree No. 45/2014), and the model withdrawal form, the withdrawal period shall expire 12 months after the original withdrawal period ends.

If the Seller provides the required information within those additional 12 months, the withdrawal period shall expire 14 days after the consumer receives that information.


Exercising the Right of Withdrawal

The consumer may exercise the right of withdrawal by submitting a clear statement expressing their decision to withdraw from the contract.

The consumer may use:

  • the model withdrawal form available on the Website; or
  • the online withdrawal function provided by the Seller, where available.

Online Withdrawal Function

The online withdrawal function enables the consumer to notify the Seller electronically of their intention to withdraw from the contract.

The online form allows the consumer to provide:

  • their name;
  • details identifying the contract;
  • the electronic contact details through which confirmation of the withdrawal will be received.

The online withdrawal function is available via the "Withdraw from the Contract" link on the Website. The declaration is submitted by clicking the confirmation button labelled "Confirm Withdrawal" (or an equivalent button).

Without undue delay after receiving the withdrawal notice, the Seller shall send the consumer an acknowledgement of receipt on a durable medium, including the content of the withdrawal declaration together with the date and time it was received.


Validity of the Withdrawal Notice

The withdrawal shall be deemed to have been exercised within the statutory time limit if the consumer sends the withdrawal notice before the withdrawal period expires.

Where the withdrawal is submitted in writing, it is sufficient for the consumer to dispatch the notice before the deadline.

The burden of proving that the right of withdrawal has been exercised in accordance with the applicable legislation rests with the consumer.

Upon receipt of the withdrawal declaration, the Seller shall confirm its receipt electronically without undue delay.


Obligations of the Seller Following Withdrawal

Refund Obligation

If the consumer validly withdraws from the contract in accordance with Section 22 of Government Decree No. 45/2014 (II.26.), the Seller shall reimburse all payments received from the consumer, including the delivery costs, within 14 days from the date on which the Seller becomes aware of the withdrawal.

Please note that the Seller is not required to reimburse any additional costs resulting from the consumer's explicit choice of a delivery method other than the least expensive standard delivery method offered by the Seller.

Method of Refund

Where the consumer validly withdraws from the contract in accordance with Section 22 of Government Decree No. 45/2014 (II.26.), the Seller shall reimburse the consumer using the same payment method that was used for the original transaction, unless the consumer has expressly agreed to another method of reimbursement. The consumer shall not incur any additional fees as a result of using a different reimbursement method.

The Seller shall not be liable for any delay caused by incorrect or incomplete bank account details or postal address provided by the consumer.


Additional Costs

If the consumer has expressly chosen a delivery method other than the least expensive standard delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs resulting from that choice.

In such cases, the Seller's reimbursement obligation is limited to the cost of the least expensive standard delivery option offered.


Right to Withhold the Refund

The Seller may withhold the reimbursement until either:

  • the goods have been returned by the consumer; or
  • the consumer has supplied satisfactory evidence that the goods have been returned,

whichever occurs first.

The Seller does not accept parcels sent cash on delivery (COD) or with postage due.


Consumer's Obligations in the Event of Withdrawal

Returning the Goods

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree No. 45/2014 (II.26.), the consumer must return the goods to the Seller, or hand them over to a person authorised by the Seller to receive them, without undue delay and no later than 14 days from the date on which the withdrawal was communicated.

The deadline shall be deemed to have been met if the consumer dispatches the goods before the expiry of the 14-day period.


Costs of Returning the Goods

The consumer shall bear the direct costs of returning the goods.

The goods must be returned to the address specified by the Seller.

If the Seller also operates a physical store, and the consumer exercises the right of withdrawal in person at that location, the consumer may return the goods directly at the same time.

Where a consumer terminates a service contract concluded off-premises or by distance means after performance has begun, the consumer shall pay the Seller an amount proportionate to the services already provided up to the date the termination was communicated.

The proportional amount shall be calculated on the basis of the total contractual price, including taxes. If the consumer demonstrates that the total contractual price is excessive, the proportional amount shall instead be calculated based on the market value of the services provided before termination.

Please note that the Seller cannot accept goods returned cash on delivery (COD) or with postage due.


Consumer Liability for Diminished Value

The consumer is liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.


Exceptions to the Right of Withdrawal

In accordance with Section 29(1) of Government Decree No. 45/2014 (II.26.), the right of withdrawal does not apply in the following cases:

  • where a service has been fully performed, provided that performance began with the consumer's prior express consent and acknowledgement that the right of withdrawal would be lost upon full performance;
  • goods or services whose price depends on fluctuations in the financial market that cannot be controlled by the Seller;
  • goods made to the consumer's specifications or clearly personalised;
  • goods liable to deteriorate or expire rapidly;
  • sealed goods which are not suitable for return for health protection or hygiene reasons once unsealed after delivery. Please note: opening such sealed goods beyond what is necessary to establish their nature, characteristics, and functioning results in the loss of the right of withdrawal;
  • goods which, after delivery, are inseparably mixed with other items by their nature;
  • alcoholic beverages whose value depends on market fluctuations beyond the Seller's control and which are delivered more than 30 days after the contract is concluded;
  • contracts where the Seller visits the consumer at the consumer's express request to carry out urgent repairs or maintenance;
  • sealed audio recordings, video recordings, or computer software where the seal has been broken after delivery;
  • newspapers, magazines, and periodicals, except subscription contracts;
  • contracts concluded at public auction;
  • contracts for accommodation (other than residential accommodation), transport of goods or passengers, vehicle rental, catering services, or leisure activities where the contract specifies a particular performance date or period;
  • digital content supplied other than on a tangible medium, where performance has begun with the consumer's prior express consent, acknowledgement that the right of withdrawal will be lost once performance begins, and the Seller has provided the required confirmation.

Information on Statutory Warranty, Product Warranty and Legal Guarantee for Consumer Contracts

This section of the Consumer Information has been prepared in accordance with Section 11(5) of Government Decree No. 45/2014 (II.26.), taking into account Annex 3 of the same Decree.

The information contained in this section applies only to consumers. Rules applicable to purchasers who do not qualify as consumers are set out in a separate section.


Requirements for Contractual Conformity in Consumer Contracts

General Requirements for Goods Sold Under Consumer Contracts

At the time of delivery, the goods and the performance of the contract must comply with the requirements laid down in Government Decree No. 373/2021 (VI.30.).

To be considered in conformity with the contract, the goods must:

  • correspond to the description, quantity, quality, type, functionality, compatibility, interoperability, and any other characteristics specified in the contract;
  • be suitable for any particular purpose made known by the consumer to the Seller no later than the conclusion of the contract and accepted by the Seller;
  • be supplied with all accessories, user manuals, installation instructions, customer support, and other documentation specified in the contract; and
  • receive any updates required under the contract.

In addition, the goods must:

  • be suitable for the purposes for which goods of the same type are normally used, taking into account applicable laws, technical standards, or, where no such standards exist, applicable industry codes of conduct;
  • possess the quantity, quality, durability, functionality, compatibility, accessibility, continuity, security, performance, and other characteristics that consumers may reasonably expect for goods of the same type, taking into account any public statements made by the Seller, the manufacturer, or other persons within the supply chain, particularly in advertisements or on product labels;
  • be supplied with the accessories, packaging, installation instructions, and other documentation that consumers may reasonably expect; and
  • correspond to any sample, model, or trial version made available by the Seller before the conclusion of the contract.

The goods are not required to comply with any public statement referred to above if the Seller proves that:

  • the Seller was not aware of the statement and could not reasonably have been expected to be aware of it;
  • the statement had been corrected in an appropriate manner before the contract was concluded; or
  • the consumer's decision to purchase could not have been influenced by that statement.

Additional Requirements for Goods Incorporating Digital Elements

For goods containing digital elements, the Seller shall ensure that the consumer is informed of, and receives, all updates—including security updates—that are necessary to keep the goods in conformity with the contract.

The Seller shall provide such updates:

  • for as long as the consumer may reasonably expect, considering the type and purpose of the goods, the digital content or digital service, and the circumstances and nature of the contract, where the contract provides for a one-time supply of digital content or a digital service; or
  • for a period of two years from delivery, where the contract provides for the continuous supply of digital content or digital services for a period not exceeding two years.

If the consumer fails to install updates provided by the Seller within a reasonable period, the Seller shall not be liable for any lack of conformity resulting solely from the absence of the relevant update, provided that:

  • the Seller informed the consumer about the availability of the update and the consequences of failing to install it; and
  • the consumer's failure to install the update, or incorrect installation, was not caused by deficiencies in the installation instructions supplied by the Seller.

A lack of conformity cannot be established where, at the time of concluding the contract, the consumer was specifically informed that a particular characteristic of the goods differed from the conformity requirements described above and the consumer expressly accepted that deviation separately when entering into the contract.

Requirements for Conformity of Digital Content Sold Under Consumer Contracts

The Seller shall supply the digital content to the Consumer. Unless otherwise agreed by the Parties, the Seller shall provide the digital content without undue delay after the conclusion of the contract, in the most recent version available at the time of contracting.

The digital content shall be deemed supplied when the digital content, or any means suitable for accessing or downloading it, has been made available to the Consumer or to the physical or virtual device selected by the Consumer for that purpose.

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

Where the contract provides for the continuous supply of digital content over a specified period, the Seller shall ensure that the digital content remains in conformity throughout the duration of the contract.

If the Consumer fails to install updates supplied by the Seller within a reasonable time, the Seller shall not be liable for any lack of conformity resulting solely from the failure to install the relevant update, provided that:

  • the Seller informed the Consumer about the availability of the update and the consequences of failing to install it; and
  • the Consumer's failure to install the update, or incorrect installation, was not due to deficiencies in the installation instructions provided by the Seller.

No lack of conformity shall exist where, at the time of concluding the contract, the Consumer was specifically informed that a particular feature of the digital content differed from the conformity requirements set out above, and the Consumer expressly accepted such deviation.

The Seller shall be liable for defective performance where the lack of conformity results from incorrect integration of the digital content into the Consumer's digital environment, provided that:

  • the integration was carried out by the Seller or under the Seller's responsibility; or
  • the integration was intended to be carried out by the Consumer, but incorrect integration resulted from inadequate integration instructions supplied by the Seller.

Where the contract provides for the continuous supply of digital content or digital services over a specified period, the Seller shall be liable for any lack of conformity that occurs or becomes apparent during that period.

Where the contract provides for a single supply or a series of individual supplies, any lack of conformity discovered by the Consumer within one year from the date of supply shall be presumed to have existed at the time of supply unless proven otherwise.

However, the Seller shall not be liable if it demonstrates that the Consumer's digital environment is incompatible with the technical requirements of the digital content or digital service, provided that the Consumer was informed of those technical requirements clearly and comprehensibly before the conclusion of the contract.

The Consumer shall cooperate with the Seller, using the technically available means requiring the least possible intervention by the Consumer, to enable the Seller to determine whether the lack of conformity originates from the Consumer's digital environment.

If the Consumer fails to comply with this obligation after having been clearly informed of it before the conclusion of the contract, the burden of proof shall rest with the Consumer to demonstrate that:

  • any lack of conformity discovered within one year after supply already existed at the time of supply; or
  • in the case of continuous supply, the digital content or digital service was not in conformity during the contractual supply period.

Defective Performance in Contracts for the Sale of Goods

The Seller shall be deemed to have performed defectively where the lack of conformity results from incorrect installation of the Goods, provided that:

  • the installation formed part of the sales contract and was carried out by the Seller or under the Seller's responsibility; or
  • the installation was intended to be carried out by the Consumer but was rendered defective due to deficiencies in the installation instructions provided by the Seller or, in the case of Goods incorporating digital elements, by the provider of the digital content or digital service.

Where installation forms part of the sales contract and is carried out by or under the responsibility of the Seller, performance shall be deemed completed when installation has been finished.

For Goods incorporating digital elements where the contract provides for the continuous supply of digital content or digital services:

  • if the continuous supply period does not exceed two years, the Seller shall be liable for any lack of conformity that occurs or becomes apparent within two years from delivery of the Goods;
  • if the continuous supply period exceeds two years, the Seller shall remain liable throughout the entire period of continuous supply.

Statutory Warranty (Warranty for Defects)

When may you exercise your statutory warranty rights?

In the event of defective performance by the Seller, the Consumer may assert statutory warranty claims against the Seller in accordance with the provisions of the Hungarian Civil Code and Government Decree No. 373/2021 (VI.30.) on contracts between consumers and businesses.

What remedies are available under the statutory warranty?

At your choice, you may exercise the following statutory warranty rights:

You may request that the Goods be repaired or replaced, unless the remedy chosen by you is impossible or would impose disproportionate additional costs on the Seller compared to the alternative remedy.

If repair or replacement is not possible or cannot reasonably be requested, you may demand a proportionate reduction of the purchase price or, as a last resort, terminate the sales contract.

You may change from one statutory warranty remedy to another, but you shall bear any costs arising from such change unless the change was justified or made necessary by circumstances attributable to the Seller.

For consumer contracts, unless proven otherwise, any defect discovered within one year from the date of delivery of the Goods (including Goods with digital elements) shall be presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the Goods or the nature of the defect.

The Seller may refuse to bring the Goods into conformity if repair or replacement is impossible or would impose disproportionate additional costs on the Seller, taking into account all relevant circumstances, including the value of the Goods had they been free from defects and the seriousness of the lack of conformity.

The Consumer shall also be entitled, in proportion to the seriousness of the breach of contract, to request a proportionate reduction of the purchase price or terminate the sales contract if:

  • the Seller has failed to repair or replace the Goods, or has done so without fully complying with the applicable legal requirements;
  • the Seller has refused to bring the Goods into conformity;
  • a repeated lack of conformity occurs despite the Seller's attempt to remedy the defect;
  • the defect is of such seriousness that it justifies an immediate price reduction or immediate termination of the contract; or
  • the Seller has declared, or it is evident from the circumstances, that the Goods will not be brought into conformity within a reasonable time or without significant inconvenience to the Consumer.

Where the Consumer terminates the sales contract due to defective performance, the Seller bears the burden of proving that the defect is insignificant.

The Consumer is entitled to withhold payment of the outstanding portion of the purchase price, in whole or in part, proportionate to the seriousness of the breach, until the Seller has fulfilled its obligations relating to conformity of performance and remedies for defective performance.

General rules applicable to repair and replacement

The following general rules shall apply:

  • The Seller shall bear the costs of taking back any Goods replaced under the statutory warranty.
  • Where repair or replacement requires the removal of Goods that had been installed in accordance with their nature and intended purpose before the defect became apparent, the Seller's obligation includes removing the defective Goods, installing the repaired or replacement Goods, or bearing the costs of such removal and installation.

The reasonable period for carrying out the repair or replacement shall begin on the date the Consumer notified the Seller of the defect.

The Consumer shall make the Goods available to the Seller for the purpose of repair or replacement.

A price reduction shall be proportionate to the difference between the value of the Goods actually received by the Consumer and the value the Goods would have had if they had been in conformity with the contract.

The Consumer may exercise the right to terminate the sales contract by making a clear statement to the Seller expressing the decision to terminate the contract.

Where only certain Goods supplied under the sales contract are affected by the lack of conformity, and the conditions for termination are met only in respect of those Goods, the Consumer may terminate the contract solely with regard to the defective Goods or, where it cannot reasonably be expected that the Consumer retain only the conforming Goods, in respect of all Goods purchased together.

If the Consumer terminates the sales contract in whole or in part:

  • the Consumer shall return the affected Goods to the Seller at the Seller's expense; and
  • the Seller shall reimburse the purchase price paid for the affected Goods without undue delay after receiving either the returned Goods or proof that the Goods have been returned.

The Seller shall prepare a written record of any statutory warranty claim submitted by the Consumer and shall provide a copy thereof to the Consumer without undue delay in a verifiable manner.

If the Seller is unable to determine, at the time the claim is submitted, whether the statutory warranty claim is justified, the Seller shall notify the Consumer within eight (8) days, in a verifiable manner, of its position, including the reasons for any rejection and information about the possibility of initiating proceedings before a Conciliation Board.

The Seller shall endeavour to complete any repair or replacement within fifteen (15) days. If repair or replacement is expected to take longer than fifteen (15) days, the Seller shall inform the Consumer of the anticipated completion date.


Time limits for asserting statutory warranty claims

The Consumer shall notify the Seller of any defect without undue delay after discovering it. A defect reported within two months of its discovery shall be deemed to have been reported without undue delay.

However, the Consumer may not enforce statutory warranty claims after the expiry of the two-year limitation period calculated from the date of performance of the contract.

The period during which the Consumer is unable to use the Goods due to repair shall not be included in the limitation period.

With respect to any part of the Goods that has been repaired or replaced, the limitation period for statutory warranty claims shall recommence. The same rule shall apply if a new defect arises as a result of the repair.


Against whom may statutory warranty claims be asserted?

Statutory warranty claims may be asserted against the Seller.


What are the conditions for enforcing statutory warranty rights?

Within one year from the date of performance, there are no additional conditions for enforcing a statutory warranty claim other than notifying the Seller of the defect, provided that the Consumer proves that the Goods were supplied by the Seller.

After the expiry of one year from the date of performance, however, the Consumer shall bear the burden of proving that the defect already existed at the time of delivery.



 

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