Defective Performance, Warranty, Guarantee and Right of Withdrawal / Termination

Defective Performance

A) The Service Provider performs defectively if the product or service does not meet the quality requirements stipulated in the contract or by applicable law at the time of performance.

B) The Service Provider shall not be deemed to have performed defectively if the User was aware of the defect at the time of concluding the contract or should reasonably have been aware of it.

C) In the case of purchases made by Users qualifying as consumers, it shall be presumed that any defect identified within twelve (12) months from the date of performance already existed at the time of performance, unless such presumption is incompatible with the nature of the product or the nature of the defect. In practice, this means that within twelve months of performance, the burden of proof rests with the Service Provider.

Statutory Warranty (Warranty for Defects)

A) In the event of defective performance, the User may assert statutory warranty claims against the Service Provider in accordance with the provisions of the applicable Civil Code.

B) At the User's discretion, the following remedies may be requested: repair or replacement, unless the selected remedy is impossible or would result in disproportionate additional costs for the Service Provider compared to another available remedy. If repair or replacement is not requested or cannot be requested, the User may demand a proportionate reduction in the purchase price, remedy the defect at the Service Provider's expense, have the defect remedied by a third party at the Service Provider's expense, or withdraw from the contract.

C) In contracts concluded between a consumer and the Service Provider for the sale of movable goods, the supply of digital content, or the provision of digital services, the User may not repair the defect or have it repaired by a third party at the Service Provider's expense when exercising statutory warranty rights.

D) The User may switch from one warranty remedy to another; however, the User shall bear the costs of such change unless it was justified or caused by the Service Provider.

E) Consumers must notify the Service Provider of a defect without undue delay after its discovery, but no later than two (2) months after becoming aware of the defect. In contracts between consumers and businesses, a defect reported within two months of its discovery shall be deemed to have been reported without delay. The User shall be liable for any damage resulting from delayed notification.

The Service Provider further informs Users that statutory warranty rights may not be enforced after the expiration of two (2) years from the date of performance. In the case of used goods, this limitation period is one (1) year.

F) For consumer purchases, within twelve (12) months from the date of performance, no condition other than notification of the defect is required for enforcing a statutory warranty claim, provided that the User proves that the product or service was supplied by the Service Provider. After the expiration of twelve months, the User bears the burden of proving that the defect already existed at the time of performance.

Product Warranty

A) In the event of a defect in a movable product, a User qualifying as a consumer may, at their discretion, enforce either a statutory warranty claim or a product warranty claim.

B) Under a product warranty claim, the User may only request repair or replacement of the defective product.

C) A product shall be deemed defective if it does not meet the quality requirements in force at the time it was placed on the market or if it does not possess the characteristics specified by the manufacturer.

D) Product warranty claims may be enforced within two (2) years from the date the manufacturer placed the product on the market. After this period, the right shall expire. The User must notify the manufacturer of the defect without undue delay after its discovery. A defect reported within two months of discovery shall be deemed to have been reported without delay. The User shall be liable for any damage resulting from delayed notification.

E) Product warranty claims may only be asserted against the manufacturer or distributor of the product. The User bears the burden of proving the existence of the defect when enforcing a product warranty claim.

F) The manufacturer or the Service Provider shall be released from product warranty liability if it proves that:

• the product was not manufactured or placed on the market in the course of its business activities;

• the defect could not have been detected based on the state of scientific and technical knowledge at the time the product was placed on the market;

• the defect resulted from compliance with a legal requirement or mandatory authority regulation.

Proof of any one of the above circumstances shall be sufficient for exemption.

G) The User may not simultaneously and concurrently enforce statutory warranty and product warranty claims in respect of the same defect. However, if a product warranty claim is successfully enforced, the User may subsequently enforce statutory warranty claims against the manufacturer with respect to the replaced product or repaired component.

Country-Specific Guarantee Rules

Hungary

Pursuant to Act V of 2013 on the Civil Code, Government Decree No. 151/2003 (IX.22.) on the Mandatory Guarantee for Certain Durable Consumer Goods, and Ministry of National Economy Decree No. 19/2014 (IV.29.) governing the procedure for handling warranty and guarantee claims arising from contracts concluded between consumers and businesses, the Service Provider is obliged to provide a guarantee for certain products in the event of defective performance toward consumers.

For new durable consumer goods falling within the scope of Government Decree No. 151/2003 (IX.22.), the Service Provider shall provide a guarantee certificate. The guarantee period begins on the date the User receives the product and is one (1) year for products up to HUF 100,000 and two (2) years for products above HUF 100,000.

If a purchased product covered by the aforementioned decree becomes defective during the mandatory guarantee period, the User may enforce the same claims against the Service Provider as under statutory warranty rights. Accordingly, the User may request repair, replacement, price reduction, or withdrawal from the contract in the order specified under the section "Statutory Warranty".

Where a product is covered by a guarantee, statutory warranty rights and guarantee rights may be enforced in parallel.

The Service Provider shall be released from its guarantee obligations only if it proves that the cause of the defect arose after performance.

Unless expressly agreed in writing, the Service Provider does not guarantee that the goods are suitable for any specific purpose intended by the User. The Service Provider reserves the right to have any reported defect examined by an authorized service provider. If the defect is found to have resulted from improper use, the cost of repair shall be borne by the User.

The guarantee does not cover defects arising from:

• improper installation;

• use contrary to the intended purpose;

• incorrect commissioning or setup;

• failure to perform prescribed maintenance;

• damage caused by misuse or negligence.

The guarantee shall also not apply if unauthorized persons have disassembled, opened, modified, or altered the structure of the product.

Where a product ordered through the Website falls within the scope of Government Decree No. 151/2003 (IX.22.), the Service Provider shall provide a guarantee certificate together with the product. Products not included in the Annex to the Decree are not subject to mandatory statutory guarantees.

The User may not simultaneously enforce statutory warranty and guarantee claims, or product warranty and guarantee claims, in relation to the same defect. However, guarantee rights are otherwise available independently of statutory warranty and product warranty rights.

Right of Withdrawal / Termination

A) Consumers have the right to withdraw from this contract without giving any reason within fourteen (14) days. In the case of service contracts, where performance has already commenced, consumers may terminate the contract within fourteen (14) days without giving any reason.

B) The withdrawal period expires:

• fourteen (14) days after the day on which the User, or a third party indicated by the User other than the carrier, acquires physical possession of the product;

• in the case of multiple products delivered separately, fourteen (14) days after the User or designated third party acquires possession of the last product;

• in the case of products consisting of multiple lots or pieces, fourteen (14) days after receipt of the final lot or piece.

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

C) The right of withdrawal shall not apply to services where performance has commenced with the User's prior express consent and the User acknowledged that the right of withdrawal would be lost once performance begins.

D) To exercise the right of withdrawal or termination, the User must send a clear statement of their intention to one of the Service Provider's contact details. The declaration may be made verbally or in writing.

Model Withdrawal / Termination Form

(Complete and return this form only if you wish to withdraw from or terminate the contract.)

Addressee:
Vonia Global Trade Kft. – voniastore.com
Bocskai út 16.
2464 Gyúró, Hungary
E-mail: info@voniastore.com

I hereby give notice that I withdraw from / terminate my contract concerning the sale of the following goods / provision of the following services:

Date of order / receipt:

Name of consumer:

Address of consumer:

Signature of consumer (only if submitted on paper):

Date:

E) The User shall be deemed to have exercised the right of withdrawal or termination within the deadline if the written declaration is sent before the expiration of the applicable period or communicated verbally on the final day of the period. The burden of proof regarding timely exercise of the right rests with the consumer.

F) For products supplied in sealed hygienic packaging, the right of withdrawal may not be exercised once the hygienic seal has been removed after delivery. Opening outer packaging that is separate from the hygienic seal does not affect the right of withdrawal. For products not subject to hygienic sealing, opening the packaging and using the product to the extent necessary to determine its nature, characteristics, and functioning shall not exclude the right of withdrawal.

G) The User shall bear the costs and responsibility of organizing the return shipment. Goods may also be returned in person by prior appointment with customer service.

Upon receipt of the returned goods, settlement shall be completed no later than fourteen (14) days from receipt of the withdrawal or termination notice.

In the event of withdrawal from a product purchase, the Service Provider shall reimburse the purchase price of the returned product and the cost of the least expensive standard delivery method offered during the ordering process. Any additional costs resulting from the User selecting a more expensive delivery method shall not be reimbursed.

The direct cost of returning the goods shall always be borne by the User.

For products supplied in sealed packaging for health protection or hygiene reasons, the User may not exercise the right of withdrawal once the packaging has been opened after delivery. Such products include, but are not limited to, medicinal teas, tea blends, food supplements, capsules, tablets, cosmetic products, creams, balms, oils, and other products that cannot be resold for health protection or hygiene reasons.

This limitation does not affect any statutory warranty rights or other rights granted by applicable law in cases of defective performance.

H) The right of withdrawal shall not apply to:

• service contracts after full performance if performance began with the consumer's prior express consent and acknowledgment that the right of withdrawal would be lost upon completion;

• products or services whose price depends on financial market fluctuations beyond the control of the business;

• custom-made or personalized products manufactured according to the User's instructions or specific request;

• perishable goods or goods with a short shelf life;

• sealed goods not suitable for return due to health protection or hygiene reasons once unsealed after delivery;

• goods which, after delivery, are inseparably mixed with other items by their nature;

• alcoholic beverages whose value depends on market fluctuations and which are delivered more than thirty days after contract conclusion;

• urgent repair or maintenance contracts requested specifically by the consumer, except for additional services or goods supplied beyond those expressly requested;

• sealed audio or video recordings and computer software once unsealed after delivery;

• newspapers, magazines, and periodicals, except subscription contracts;

• contracts concluded at public auction;

• contracts for accommodation (other than residential accommodation), transport, vehicle rental, catering, or leisure services where a specific date or period of performance is agreed;

• digital content not supplied on a tangible medium where performance began with the consumer's prior express consent and acknowledgment that the right of withdrawal would be lost.

Effects of Withdrawal or Termination

A) If the User withdraws from the contract, the Service Provider shall reimburse all payments received from the User without undue delay and no later than fourteen (14) days from receipt of the withdrawal or termination notice. In the case of product purchases, this includes delivery costs, except for any additional costs arising from the User's choice of a delivery method other than the least expensive standard delivery method offered.

The reimbursement shall be made using the same payment method used for the original transaction unless the User expressly agrees otherwise. No fees shall be charged to the User as a result of the reimbursement.

For contracts involving the sale of goods, the Service Provider may withhold reimbursement until the goods have been returned or until the User has provided proof of return, whichever occurs first.

B) The User must return or hand over the goods to the Service Provider without undue delay and no later than fourteen (14) days after communicating the withdrawal or termination. The deadline shall be deemed met if the goods are dispatched before the expiry of the fourteen-day period.

The direct costs of returning the goods shall be borne by the User.

C) The User shall only be liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning. This provision applies only to products not covered by hygienic sealing restrictions.

D) If the User requested that performance of a service begin during the withdrawal period, the User shall pay an amount proportionate to the services already provided up to the date of termination. Correspondingly, the Service Provider shall reimburse any amount paid by the User exceeding the value of services already performed.