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TERMS + CONDITIONS

General Terms and Conditions

 

I. Introductory provisions

  1. These General Terms and Conditions (hereinafter: General Terms and Conditions) are the governing documents concerning the operation of the webshop (hereinafter: webshop) etuhome.eu run by the etuHome – EMEAA Kft. (hereinfater: etuHome). The General Terms and Conditions are concluded between the etuHome and the visotors, registered users of the Webshop (hereinafter: Users) when ordering and purchasing the products.
  2. The General Terms and Conditions are not registered, they are concluded only in electronic form, they do not qualify as a written contract, they are written in English, they do not refer to a code of conduct.
  3. The scope of the General Terms and Conditions covers the legal relations on the website and subdomains of the Webshop (https://www.etuhome.eu/). The General Terms and Conditions are continuously available to the Users of the website of the webshop and can be downloaded in pdf format from this link.
  4. Languages to be chosen when using the Webshop: English
  5. If you have any questions regarding the operation of the Webshop, the ordering, delivery and payment process, we are at your disposal at the given contact details, please contact us with confidence.
  6. Details of the Service provider

Name of the Service provider: etuHome – EMEAA Kft.

Seat: 1134 Budapest, Váci út 33.

Postal address: 1077 Budapest, Király utca 33.

Electronic mail address used regularly for contacting users and receiving general requests:   info.eu@etuhome.com.

E-mail address for receiving complaints, purchase and order inquiries:
Support.eu@etuhome.com

E-mail address for receiving data protection requests: dataprivacy.eu@etuhome.com.

Company registry number: 01-09-279742

Name of registering authority (court): Registry Court of the Metropolitan Court
Name of representative: József Antal Böröcz

Tax number: 25517974-2-41

EU tax number: HU25517974

Telephone number: +36- 1-793-4233

 

 

Details of the hosting service provider

Name of the hosting service provider: Shopify Inc.

Seat:            151 O’Connor Street
                     Ground floor,

Ottawa, ON K2P 2L8

Canada

Electronic mail address availability used regularly for contacting users: 
http://help.shopify.com/en/questions#/questions

II. Essential provisions

  1. Issues not regulated in the General Terms and Conditions as well as their interpretation are governed by Hungarian law, with particular regard to the provisions of Act V of 2013 on the Civil Code (hereinafter: Civil Code) and Act CVIII of 2001 on certain issues of electronic commercial services and information society services (hereinafter. Elkertv.), as well as Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses. The mandatory provisions of the relevant legislation shall apply to the parties without any specific stipulation.
  2. These General Terms and Conditions shall enter into force on 1 March 2021 and shall remain in force until it is revoked. The etuHome is entitled to unilaterally amend the General Terms and Conditions. The changes will be published by etuHome on the website of the Webshop.
  3. Agreements deviating from or supplementing these General Terms and Conditions are only valid if they have been accepted and confirmed in writing by the eutHOme. The deviation or addition thus accepted by etuHome is only applicable to the specific order. The confirmation of the order does not mean in itself the application of the provisions initiated by the User that deviate from these General Terms and Conditions.
  4. The copyright provisions relating to the webshop are set outin the legal disclaimer .
  5. The data processing activity of the Website is set outin detail in the Data Management Information . If you have any questions or requests regarding the data management, please send them to our e-mail address: dataprivacy.eu@etuhome.com.

III. Range of products available for purchase

  1. The products displayed in the webshop can only be ordered online. The prices for the products shall be denominated in Euro, they include the statutory VAT, but do not include the home delivery fee. No extra packaging costs are charged.
  2. In the webshop the name, description of the products are described in detail, the products are represented by the euHome photographs. If a promotional price is introduced, the etuHome will fully inform the Users about the promotion and its exact duration.

 

 

IV. Registration

  1. The User can browse, purchase in the Webshop even without any registration. With the registration and creation of the user account, additional functions become available to the User.
  2. The User can change the data provided during the registration by logging in to the user account and delete his user account at any time. The User can also request the deletion of his / her data by sending e-mail to the e-mail address: dataprivacy.eu@etuhome.com.
  3. As part of and as condition of the first registration in the webstore, the User accepts the Data management Information and these General Terms and Conditions, which are available in printable and storable form and the User declares that he / she agrees with its contents.
  4. When making a purchase without registration, the User accepts the Data Management Information and these General Terms and Conditions when sending the order.
  5. In the course of purchase and registraiton, the User is obliged to provide his own real data. In the event of false or personally identifiable information provided during the purchase and registration, the resulting electronic contract will be void. The etuHome excludes its liability if the User uses its services on behalf of another person, with the data of another person.
  6. The etuHome shall not be liable for any delays in delivery or other problems or errors attributable to incorrect and / or inaccurate data provided by the User.
  7. The etuHome shall not be liable for any damages resulting from the fact that the User forgets his password or it becomes available to unauthorised parties by any reason not attributable to the etuHome.
  8. If the User loses his / her login data or if there is a suspicion that an unauthorised third party has become aware of his / her access data, he / she shall immediately notify the etuHome by e-mail to the e-mail address: info.eu@etuhome.com or dataprivacy.eu@etuhome.com, so that the etuHome can block the user’s accountant.
  9. The etuHome shall not be obliged to check the legal or other rights of the registrant not being an undertaking when he / she is registered, the existence of which is entirely the responsibility of the User.
  10. We will send a confirmation e-mail about the successful registration to the User, who will then be able to login to their user account.

V. Order

  1. The User can initiate an order in the Webshop with or without the registration detailed in the above point by pressing the button „ADD TO CART” available at the given product.
  2. The User may at any time see the products he / she selects by clicking on the basket of the Website’s header or the „VIEW CART” button. You can set in the basket the number of products you want to buy, or delete the product from the products you want to buy.
  3. Once the products are placed in a basket, the User can decide to continue shopping by clicking the „Continue shopping” button or by using the „Checkout” button to order and pay the products.
  4. After submitting the order, the User may modify its content only in the cases specified in these General Terms and Conditions. The Webshop sends an automatic confirmation e-mail to the User about the details and number of the order. This information, if the User is registered, is available in the User account.
  5. We would like to draw your attention to the fact that after the actual payment of the product(s) to be purchased, after crediting the consideration to the current account of the Webshop, we are able to fulfill the order.
  6. The automatic confirmation e-mail after sending the order contains the unique identification number of the order to enable the User to monitor the order from processing the order to the delivery of the product(s).
  7. Orders are usually processed within 2-5 days, after which the ordered products are handed over to the delivery company, about which the user is notified by e-mail.
  8. The order can be canceled within 24 hours of the order. The cancellation of the order must be initiated in writing by sending an e-mail to the e-mail address: info.eu@etuhome.com .
  9. If the Webshop offers the possibility of pre-ordering, the User can subscribe to a product that will appear in the future, but it does not exist at the time of the order. It has the advantage that the pre-ordering User has access to the product before the product is presented. The etuHome draws the attention to the fact that the price of the given product and the date of its release may change until the product is released.

VI. Payment

  1. Our Webshop uses the SimplePay online electronic payment system (hereinafter: SimplePay).
  2. Card types accepted in the webshop: Mastercard, Maestro, Visa, Visa Electron, American Express SimplePay.
  3. A detailed description of the online payment can be found here .
  4. User can initiate the payment of the selected products by pressing the „treasury” button. After providing the delivery information, you can pay through a secure and encrypted channel by recording your online credit card details (card number, name on the card, card expiration date, security code).
  5. Once the billing information has been completed, the User may decide that, if he / she has not yet been registered, the the data provided so far with which he / she will create a user account.
  6. Before pressing the „treasury” button, the User is required to ascertain the range and number of items selected, the chosen method of delivery, its cost, the correctness of the given delivery and billing address and the possibility of validating the promotional code.
  7. Promotional codes cannot be applied after the purchase, therefore, prior to the purchase, the User must check the correct format for entering the code and the validity period of the promotional code. Users can also find out about the current promotional codes on the main page of the Webshop or, if they subscribe to the newsletter, from the newsletter.
  8. After pressing the „treasury” button, SimplePay will notify the User of the successful payment in an automatically generated e-mail. If the payment is uncussessful, the User can check the correctness of the provided payment information, the available balance, if the payment is still not successful, he / she can choose another payment intstrument or contact the bank card provider.

VII. Delivery

  1. After pressing the „treasury” button, the User must provide the correct delivery address. Our Webshop is not liable for any damages resulting from the incorrect, inaccurate indication of the delivery address.
  2. The etuHome ensures the delivery of the ordered products with the help of the courier service provider TNT Express Hungary Kft (hereinafter: TNT). You can track your order by using the unique ID on your automatic order confirmation.
  3. In the light of the current epidemiological situation, please follow the constantly updated information on the TNT website to determine the exact time of delivery:

https://www.tnt.com/express/hu_hu/site/alerts.html

  1. The order may be delivered in several packages for which separate transport and other costs are not charged. Users will be notified by e-mail of the delivery details.
  2. The User, if he / she provided his / her telephone contact details during the registration, will be contacted by TNT, if necessary.
  3. The TNT undertakes to deliver the orders within 2-7 days, which period may vary from country to country according to the information referred to in point 3.
  4. If the ordered product is not available in the warehouse, we will notify the User by e-mail of the expected date of delivery. The products available in the order will be delivered to the User within the agreed delivery time. We do not charge a separate transport cost for the subsequent delivery of an unavailable product.
  5. The invoice and the guarantee letter are contained in the package delivered or sent to the User by electronic means.
  6. The User is obliged to inspect the package in front of the courier upon delivery and to request a report in case of any damage to the products or packaging (since this way he / she can prove that he / she received the product damaged) in case of damage he / she is not obliged to accept the package.
  7. The delivery of packages shall take place between 8 and 18 on working days.

VIII. Correction of data entry errors

  1. During the order, the User has an ongoing possibility to correct / delete the input data. Before completing the ordering process, the User can always return to the previous phase, where he / she can correct the input data.
  2. During the order, the User has the opportunity to view or modify the contents of the basket.
  3. If the basket does not contain the quantity to be ordered, the User can enter the number of the quantity to be ordered in the quantity data entry field, with which value the basket will be automatically updated. If the User wants to delete the products that can be found in the basket, then he / she clicks the X (delete) button.

IX. Confirmation of orders

  1. If there is an error or defect in the products or prices in the webshop, we reserve the right to make corrections. In such a case, we will inform the User about the new data immediately after recognizing or modifying the error. The User may subsequently confirm the order or have the possibility to withdraw from the contract.
  2. The User will receive a confirmation e-mail after sending the order. If this confirmaiton is not received within 48 hours from the User’s order, the User is exempted from the obligation to bid or contract.
  3. The order and its confirmation shall be deemed to have been received by etuHome or the User when it becomes available to him / her. The etuHome esxcludes its responsibility for confirmation if the confirmation is not received in time because the User provided an incorrect e-mail address during the registration or is unable to receive a message due to the saturation of the storage space associated with his / her account.
  4. The User acknowledges that the confirmation discussed in the previous point is only an automatic confirmation, it does not constitute any contract. The contract is made when the etuHome, following the automatic confirmation defined in the previous point, notifies the User in an other e-mail of the details of the order and the expected performance (conclusion of the contract).
  5. If the ordered product is not available in the warehouse of the Webshop, the etuHome will inform the User by e-mail about the purchase of the product to be purchased. This information does not constitute a contract between the User and the etuHome.
  6. As soon as the product to be purchased is registered in the warehouse of the Webshop, the etuHome notifies the User in another e-mail of the details of the order and its expected fulfillment, at which point the contract will be concluded between the User and the etuHome.

X. Processing and delivery of orders

  1. The orders are processed during business hours from 8 am to 6 pm on weekdays. In addition to the dates indicated in order to process the order, the order may be delivered if it is processed after the expiry of the working time, which will be processed the next day. In all cases, the etuHome will give electronic confirmation when it can fulfill youtr order.
  2. General delivery deadline, within 5 days of confirmation, which period does not include the time of delivery. If the etuHome and the User have not agreed on the date of performance, the etuHome shall be obliged to perform according to the contract at the time or within the time specified in the User’s request, or no later than thirty days from the receipt of the order by etuHome.
  3. Under the contract of sale, the etuHome is obliged to transfer the ownership of the property and the Consumer is obliged to pay the purchase price and to take over the property.
  4. If the seller is an undertaking (in the context of these General Terms and Conditions: etuHome) and the buyer is a Customer (in the context of these General Terms and Conditions: Customer) and the seller undertakes to deliver the thing to the buyer, the risk of damage shall be transferred to the buyer when the buyer or a third party designated by him / her takes possession of it. The risk of damage shall be transferred to the buyer upon delivery to the carrier, if the carrier has been entrusted by the buyer, provided that the carrier was not recommended by the seller.
  5. If the seller is an undertaking and the buyer is a Customer, unless otherwise agreed by the parties, the seller is obliged to make the thing available to the buyer without delay after the conclusion of the contract, but no later than within thirty days.
  6. In the event of a delay by the etuHome, the User is entitled to set an additional deadline. If the etuHome does not perform within the additional deadline, the User is entitled to withdraw from the contract.
  7. The User is entitled to withdraw from the contract without setting an additional deadline if the etuHome has refused to perform the contract, or the contract should have been performed at the agreed time of performance, and not otherwise, as agreed by the parties or because of the recognizable purpose of the service.
    If the etuHome does not fulfill its obligations under the contract because the product specified in the contract is not available to it, it is obliged to inform the User immediately and to refund the amount paid by the User immediately.

XI. Withdrawal

  1. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council and Government Decree 45/2014 (II.26.) on the detailed rules of contracts between a consumer and an undertaking, the consumer (in the context of the General Terms and Conditions: Consumer) may withdraw from the contract, without justification, within 14 days of receipt of the ordered product and send the ordered product back. In the absence of this information, the Consumer is entitled eo exercise his / her right of withdrawal until 1 year.
  2. If the etuHome provides the information within 14 days from the date of receipt of the product or the conclusion of the contract, but within 12 months, the withdrawal period is 14 days from the notification of this information.
  3. During the period prescribed for the exercise of the right of withdrawal it shall expire 14 days from the date on which the product is taken over by the Consumer or by a third party other than the carrier designated by him / her.
  4. The Consumer may also excercise his / her right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.
  5. The cost of returning the product must be borne by the Consumer, the company does not bear this cost.
  6. The Consumer may also not exercise his right of withdrawal in the following cases:
  • if the tried, used the product;
  • relating to products, which are suitable for pumping of waste water, sewage, groundwater;
  • relating to hygiene products (cosmetics, hair, skin, body care products, creams; humidifier, aroma humidifier products, unless the packaging is intact and has never been worn; work clothing, except when the packaging is intact and has never been worn; drinking flasks, sports bottles; animal care products, brushes, electrical tools, if it has been dismantled and used);
  • in the case of a product (hygiene) that can be placed in a body opening (ear, nose) unpacked and tried/used as well as of any product that may come into contact with body fluid, it can absorb it (in addition to the list of hygiene products, earphones, headphones, ear thermometers, alcohol proves, hair contact products);
  • in the case of a contract for the provision of services, after the full performance of the service, if the business undertaking has commenced the performance with the express prior consent of the Consumer, and the Consumer acknowledged that he loses the right of termination following the full performance of the service;
  • relating to product or service, the price as well as fee of which cannot be influenced by a financial market undertaking, is subject to possible fluctuations during the periof open for the exercise of the right of withdrawal;
  • in the case of a perishable or short-lived product;
  • in the case of a sealed product, which, for reasons of health or hygiene, cannot be returned following the opening of the delivered product (e.g. cosmetic articles if they have been opened);
  • in the case of a product, which, by its nature, is inseparably mixed with other products after delivery;
  • in the case of alcoholic beverages the actual value of which depends on market fluctuations beyond the control of the undertaking and the price of which was agreed by the parties at the time of the conclusion of the contract of sale, but the performance of the contract takes place only after the thirtieth day after the conclusion;
  • in the case of a business contract where the business entity visits the Consumer upon its express request in order to carry out urgent repair or maintenance work;
  • relating to the sale and purchase of a sealed audio or video recording and a copy of computer software, if the Consumer has opened the packaging after delivery;
  • relating to newspapers, journals and periodicals, with the exception of subscription contracts;
  • in the case of contracts concluded at a public auction;
  • in the case of a contract for the provision of accommodation other than accommodation for residential purpose, transport, car rental, catering or leisure activities, where the date or time limit laid down in the contract has been concluded;
  • regarding to the digital data content on non-tangible data carriers, where the undertaking has commenced the performance with the express prior consent of the Consumer and the Consumer has stated at the same time with the consent that he accepts: he loses his right of withdrawal after the commencement of performance.
  1. The etuHome will refund the amount paid to the Consumer, including the delivery fee, immediately, but no later than 14 days after the return of the product / or the receipt of the withdrawal declaration, in accordance with the applicable legislation.
  2. In the course of the refund, the payment method used in the original transaction will be used as a payment model, unless the Consumer explicitly gives its consent to the use of other means of payment. There is no additional cost to the Consumer as a result of using this reimbursement method.
  3. The Consumer is obliged to return the goods to the Service provider without undue delay, but in no case later than 14 days from the date of sending the notice of withdrawal to the Service provider, or to deliver the product(s).
  4. In the event of a written withdrawal, it is sufficient for the Consumer to send the withdrawal declaration within 14 days.
  5. The Consumer only bears the direct cost of returning the product.
  6. The etuHome is not obliged to reimburse to the Consumer the additional costs resulting from choosing a mode of transport other than the cheapest standard mode of transport offered by him / her.
  7. The Consumer is only liable for depreciation resulting from the use of the product beyond the use necessary to detemine its nature, properties and operation.
  8. The refund may be withheld by the Service provider for as long as the good(s) have been returned or the Consumer has provided proof that they have been returned: the earlier of the two dates shall be taken into account.
  9. The etuHome will refund the purchase price of the product, together with the delivery cost, to the bank accoun number provided by the Consumer within fourteen days of the return of the product. Within fourteen days of the return of the product, the etuHome will refund the purchase price of the product, including the delivery cost, to the bank account number provided by the Customer.
    If the Consumer wishes to exercise his / her right of withdrawal, he / she may indicate this in writing at one of the contact details of etuHome (even with the help of the downloadable form (link) or by telephone. In the case of a written notification by post, the date of posting is taken into account, and in the case of a telephone notification, its indication by telephone. Goods ordered by post can be returned to the eutHome by the Customer by post or by courier service.
  10. The Consumer can also turn to the eutHome with his compliant by writing to the e-mail address: info.eu@etuhome.com.
  11. The right of withdrawal shall not effect the undertaking, i.e. a person acting in the course of his profession, self-employment or business.
  12. The Consumer is obliged to reimburse etuHome’s reasonable costs if the Customer exercises his / her right of termination after the commencement of performance.

XII. The way of exercising the right of withdrawal

  1. If the Consumer wishes to exercise his / her right of withdrawal, he / she may indicate this at one of the Service provider’s contact details.
  2. The Consumer exercises his / her right of withdrawal within the deadline if he / she sends his / her withdrawal declaration 14 days prior to the expiry of the receipt of the product. In the case of a written withdrawal, it is sufficient to send the withdrawal declaration within 14 days. In case of notification by post, the Service provider will use the date of posting, and in case of notification by e-mail, the date of sending the e-mail.
  3. In case of withdrawal, the Consumer is obliged to return the ordered product to the address of the Service provider without delay, but no later than within 14 days from the publication of his / her statement of withdrawal. As far as possible we request that the product is packaged in the factory packaging and returned with all its accessories. The deadline is considered met if the Consumer sends the product 14 days prior to the expiry of the deadline (i.e. it does not have to arrive within 14 days). The Consumer shall bear the costs incurred in connection with the return of the goods due to the exercise of the right of withdrawal.
  4. The etuHome is not obliged to reimburse the Consumer the additional costs resulting from the choice of a mode of transport other than the cheapest standard mode of transport offered by the Service provider. The Consumer shall exercise his / her right of withdrawal also during the period between the date of conclusion of the contract and the date of receipt of the product.
  5. When selling several products, if the delivery of each product takes place at different times, the buyer may exercise the right of withdrawal within 14 days from the receipt of the last delivered product or product consisting of several lots or pieces.


XIII. Warranty, guaranty

A. Liability for material defects

  1. In case of incorrect performance of the company operating the Webshop, the User may enforce a claim for supplies warranty against the company in accordance with the Civil Code.
  2. The User – at his / her choice – can use the following supply warranty claims:
  • he / she can request repair or replacement, except when the fulfilment of one of these claims the claim chosen by the User is impossible or this would entail disproportionate additional cost for the undertaking (in the context of the General Terms and Conditions: etuHome) in comparison to the fulfillment of the claim of others.
  • If the repair or replacement has not been requested or could not be requested by the User, the User may request a proportionate reduction of the consideration or may rectify or get the defect rectified at the expense of the undertaking or – as a last resort – may withdraw from the contract.
  1. The User may transfer from one choice of warranty right to another, but the cost of transfer shall be borne by the User, unless it was justified or the reason was given by the company.
  2. If the duration of the repair or replacement exceeds 15 days, the etuHome will inform the User ont he expected duration.
  3. The User is obliged to report the defect immediately after its discovery, but no later than two months after the error has been discovered. However, please note that the User may no longer exercise his / her warranty rights beyond the two-year limitation period from the performance of the contract.
  4. Within six months of the performance, there are no conditions other than the notification of the error to enforce the warranty claim if the User proves that the product or service was provided by the company operating the Webshop. However, after the expiration of six months from the performance, the User is obliged to prove that the defect identified by him / her was already present at the time of performance.

B. Product warranties

  1. In the event of a defect in a movable thing (product) the User may – at his or her choice – assert a claim for a warranty for supplies or a product warranty.
  2. The User may assert his / her product warranty claim within two years from the placing of the product on the market by the manufacturer. The User can only request a refund of the price of the product if the repair or the replacement is not possible.
  3. The product is defective, if it does not meet the quality requirements in force at the time of placing on the market or if it does not have the characteristics specified by the manufacturer.
  4. The User may assert his / her product warranty within two years from the placing of the product on the market by the manufacturer. At the end of this deadline the User will no longer be entitled to enforce the claim.
  5. The User may only exercise the product warranty claim against the manufacturer or distributor of the movable item. In the event of a product warranty claim, the User must prove the defect of the product.
  6. The manufacturer (distributor) is only released from his / her product warranty obligation if he / she can prove that
  • the product was not manufactured or placed on the market in the course of his / her business, or
  • the defect of the product results from the application of legislation or a mandatory official regulation.
  1. It is sufficient for the manufacturer (distributor) to prove a reason for the exemption.
  2. Please note that, due to the same error, you cannot make demand for product warranty and warranty protection at the same time and in parallel. However, if your product warranty is successfully enforced, you can assert your warranty claim against the manufacturer for the replaced product or rather the repaired part.

C- Warranty

  1. In case of defective performance, pursuant to Government Decree 151/2003 (IX.22.) on the mandatory warranty for certain durable consumer goods, the company operating the Webshop is obliged to provide a warranty if the User is considered to be a Consumer.
  2. Duration of the warranty:
  • in the case of a sale price reaching HUF 10.000, but not exceeding HUF 100 000 1 year;
  • in the case of a sale price exceeding HUF 100 000 but not exceeding HUF 250 000 2 years;
  • in the case of a sale price above HUF 250 000 3 years.
  1. The failure to meet the above deadlines will result in disqualification. In the event of repair, the warranty period will be extended from the date of delivery for repair to the time during wgich the Consumer was unable to use the Consumer product as intended due to the defect.
  2. The warranty period begins on the day the goods are handed over to the Consumer or, if the commissioning is carried out by the distributor or his agent, with the day of commissioning.
  3. If the Consumer puts the consumer product into operation more than six months after delivery, the starting date of the warranty period shall be the day of the consumer product.
  4. The Consumer may also enforce his / her warranty claim at the seat, registered office, at any premises and at the repair service indicated on the warranty card.
  5. If the warranty card is handed over to the Customer in electronic form, the etuHome is obliged to make the warranty card available to the Consumer together with the consumer product in a form that ensures the legibility of the contents of the warranty card until the end of the warranty period.
  6. An invoice submitted electronically to the Consumer can be accepted as a warranty card if its content als complies with the provisions of the legislation on warranty cards. The etuHome is obliged to hand over the warranty card electronically on the day following the delivery or commissioning of the product.
  7. If the etuHome does not provide the warranty card as an electronic document by sending it directly, but provides it to the Consumer in the form of a downloadable secure access address, the downloadability of the electronic warranty card cannot be terminated until the end of the warranty period, the availability of the downloadable address has to be provided. The etuHome is obliged to hand over the warranty card electronically at the latest on the day following the handover or commissioning of the product.
  8. Based on his / her warranty claim, the claimant (in the context of these General Terms and Conditions: User) may, at his / her option, request repair or replacement, unless it is impossible to perform the chosen warranty card or would result in a disproportionate additional cost to the debtor compared to another warranty claim, taking into account the value of the service representing its faultless condition and harm to the claimant caused by the performance of the warranty right; or he / she may demand a pro rata reduction of the consideration, correct the defect at the debtor’s expense or have it repaired by another or withdraw from the contract if the debtor has not undertaken the repair or replacement, cannot fulfill this obligation or if the claimant’s interest in repair or replacement has ceased.
  9. There is no room for withdrawal due to a minor error.
  10. The correction or the replacement shall be carried out, within a reasonable period, taking into account the characteristic of the thing and the intended purpose of the holder, in the interest of the holder.
  11. If, during the first repair of a consumer product during the warranty period specified in point 2, the etuHome find that the consumer product cannot be repaired, the etuHome shall replace the consumer product within 8 days, unless otherwise provided by the Consumer. If it is not possible to exchange the consumer goods, the etuHome is obliged to reimburse the purchase price to the Consumer within 8 days on the invoice presented by the Consumer certifying the payment for the consumer goods on the invoice on receipt issued under the Act on the value added tax.
  12. If, during the warranty period specified in point 2, the consumer product becomes defective again after three years, unless otherwise provided by the Consumer, as well as if pursuant to Section 6:159 (2) (b) the Consumer does not request a proportionate delivery of the purchase price, and the Consumer does not wish to repair the consumer product or does not have the consumer product repaired at etuHome’s expense, the etuHome is obliged to replace the consumer product within 8 days. If it is not possible to replace the consumer product, etuHome shall reimburse to the Consumer the purchase price indicated on the receipt – on the invoice or acquittance issued on the basis of the Act on value added tax - confirming the payment of the consideration of the consumer product within 8 days.
  13. If the consumer product is not repaired within 30 days from the notification of the repair request to the etuHome, unless otherwise provided by the Consumer, etuHome is obliged to replace the consumer product within 8 days following the failure of the deadline of 30 days.
    If it is not possible to exchange the consumer product, etuHome shall reimburse to the Consumer the purchase price indicated on the receipt – on the invoice or acquittance issued on the basis of the Act on value added tax – confirming the payment of the consideration of the consumer product within 8 days following the failure of the deadline of 30 days.
  14. The etuHome will only be released from its warranty obligation if it proves that the cause of the defect arose after the performance. Please note that due to the same defect, you cannot supply simultaneously warranty claim and guarantee or rather product warranty claim and guarantee in parallel. The Consumer is entitled to guarantee rights irrespective of the warranty and product warranty rights defined int he provisions thereon.
  15. The etuHome shall not be liable for warranty beyond the warranty period (professional life expectancy) for damage due to natural wear and tear.
  16. In addition, the etuHome shall not be liable for damages resulting from improper or negligent handling, excessive use, or exposure other than specified, or other misuse of the products after the transfer of the risk.
  17. If the Consumer claims a replacement within three working days of purchase (commissioning) due to a defect in the consumer product, the etuHome is obliged to replace the consumer product, provided that the defect prevents proper use.
  18. The warranty may be voided if the repair or installation work on the product is not carried out by a third party who is not authorised or qualified and if the defect has occurred as a result. Furthermore, it may result in a loss of quarantee if the product is burned, broken, cracked or otherwise physically damaged, or misused (use beyond the factory settings of the product, over-pulling), improper installation (unless the installation is carried out by the company or improper installation can be traced back to a fault in the operating instructions), mechanical, electrical loads or other non-intended use, improper storage, damage, failure to observe the instructions, elemental damage, natural disaster, caused the failure.
  19. The withdrawal of a guarantee may result in the affixing or removal of the label affixed to the product.

XIV. Procedure in case of warranty and guarantee claims

 

  1. In the contract concluded between the Consumer (in the context of these General Terms and Conditions: Consumer) and the company (in the context of these General Terms and Conditions: etuHome) the parties’ agreement shall not derogate from the provisions of the Government Decree 45/2014 (II.26.) to the detriment of the Consumer.
  2. It is the Consumer’s obligation to prove the conclusion of the contract (with invoice or even just a receipt).
  3. The etuHome is required to keep a record the warranty or quarantee claim reported by the Consumer. A copy of the report shall be provided to the Consumer without delay and in a verifiable manner.
  4. Please pack the product in such a way that it cannot be damaged during the transport. We cannot take any responsibility for any damage resulting from improper packaging.
  5. If the etuHome is unable to comment on the fulfillment of the Consumer’s warranty or guarantee claim at the time of its notification, it shall notify the Consumer of its position within 5 working days in a verifiable manner, including the reason for the rejection and the possibility to turn to the conciliation body.
  6. The etuHome shall keep the minutes for a period of 3 years from the date of its conclusion and present it upon request of the audit authority.
  7. The etuHome shall endeavour to complete the correction or replacement within a maximum of 15 days. If the duration of the repair or replacement exceeds 15 days, the etuHome is obliged to inform the Consumer about the expected duration.

XV. Complaint handling procedure

  1. The goal of our Webshop is to fulfill all orders in high quality, to the greatest possible satisfaction of the User. Should the User still have a complaint regarding the contract or its performance, he / she can send his / her complaint to the e-mail address of the Webshop: info.eu@etuhome.com.
  2. The etuHome shall examine the complaint and remedy it if necessary. If the User does not agree with the handling of the complaint or it is not possible to investigate the complaint immediately, etuHome will immediately keep a record on the complaint and its position and send a copy thereof to the User.
  3. The etuHome will respond to the complaint in writing within 30 days, giving the reasons for the rejection of the complaint. The etuHome shall keep a record of the complaint and a copy of the response for five years and will present it to the supervisory authorities upon request.

XVI Right to apply to an authority, conciliation body

  1. Please be informed that if your complaint is rejected, you may initiate proceedings before an official or conciliation body with your complaint, as follows:
  2. According to the Government Decree 387/2016 (XII.2.) on the designation of the consumer protection authority, the district office and the county office, according to the county seat, act in administrative authority matters in the first instance, and the Pest County Government Office with national jurisdiction in the second instance. Contact details of the district offices: http://jarasinfo.gov.hu.
  3. In the event of the Consumer’s complaint, he / she has the opportunity to turn to a conciliation body, the contact details of which can be found here .
  4. The conciliation body shall have the power to settle consumer disputes out of court. The task of the conciliation body is to try to reach an agreement between the parties in order to settle the consumer dispute and, in the event of its ineffectiveness, take a decision in order to ensure simple, rapid, efficient and cost-effective enforcement of consumer rights. The conciliation body shall, upon request, advise the Consumer or the undertaking on the rights and obligations of the Consumer.
  5. In the case of a cross-border consumer dispute related to an online sales or online service contract, only the conciliation body operating under the auspices of the Budapest Chamber of Commerce and Industry has jurisdiction.
  6. In the event of a consumer complaint, the Consumer may use the online dispute resolution platform of the European Union. The use of the platform requires a simple registration in the system of the European Commission, click here .

 

Thereafter, following the registration the Consumer can submit his complaint via the online website, the address of which is: http://ec.europa.eu/odr.

  1. The company operating the Webshop (relating to these General Terms and Conditions: etuHome) is obliged to cooperate in the conciliation board proceedings. In this context, the etuHome shall send its response to the conciliation body and ensure the participation of a person authorised to reach an agreement at the hearing. If the seat or establishment of the company is not registered in the county, where the chamber is registered, which runs the conciliation body with territorial responsibility, the company’s obligation to cooperate covers the offering the possibility of a written agreement corresponding to the needs of the Consumer.

XVII. Miscellaneous provisions

  1. The etuHome is entitled to use a contributor for its fulfillment. The etuHome is fully liable for the unlawful conduct of the contributor, as if he / she had committed the unlawful conduct himself / herself.
  2. If any part of this General Terms and Conditions becomes invalid, illegal or unenforceable, it will not affect the validity, legality and enforceability of the remaining parts.
  3. If the etuHome does not exercise its right under these General Terms and Conditions, the failure to exercise the right shall not be considered as a waiver of that right. The waiver of any right is only valid if expressly stated in writing. The fact that the etuHome does not strictly adhere to an essential condition or stipulation of these General Terms and Conditions at one time, does not mean that it waives its strict adherence to the given condition or stipulation in the future.
  4. The etuHome and the User will try to settle their disputes amicably.

 

Budapest, 1st March 2021.