Warranty

Implied warranty

 

In which cases can the Customer exercise his/her right to an implied warranty?

 

In the event of a defective performance by Forhercare, the Customer may assert an implied warranty claim against Forhercare in accordance with the rules of the Civil Code.

 

What rights does the Customer have under an implied warranty claim?

 

The Customer may, at his/her option, make the following implied warranty claims:

 

Request repair or replacement, unless compliance with the option chosen by the Customer is impossible or it results in disproportionate additional cost on the part of Forhercare compared to alternative remedies. If the Customer has not requested or could not request repair or replacement, the Customer may request a pro-rata reduction of the consideration or may repair the defect by himself/herself or have it repaired by another party at Forhercare's expense or – as a last resort – may withdraw from the contract.

 

The Customer may switch from the chosen implied warranty right to another, but the cost of the switch shall be borne by the Customer, unless it was justified or Forhercare gave a reason for it.

 

What is the time limit for the Customer to exercise an implied warranty claim?

 

The Customer must notify the defect immediately after its discovery, but in any case no later than two months after the discovery of the defect. However, we would like to draw the Customer's attention to the fact that he/she may no longer enforce his/her rights to an implied warranty claim beyond the two-year limitation period from the date of performance of the contract. Used goods will not be sold via the Webshop.

 

Against whom can the Customer enforce an implied warranty claim?

 

The Customer may assert an implied warranty claim against the business entity, i.e. Forhercare.

 

Are there any other conditions for enforcing an implied warranty claim?

 

Within six months from the date of performance, there are no conditions for enforcing an implied warranty claim other than reporting the defect, provided that the Customer proves that the product was provided by Forhercare, as a business entity. However, after six months from the date of performance, it is the Customer's responsibility to prove that the discovered defect already existed at the time of performance.

 

Product Warranty

 

In what cases can the Customer exercise the right to product warranty?

 

In the event of a defect in a movable item (product), the Customer may, at his/her option, exercise the right under “I. Implied warranty” or a claim under the product warranty.

 

What are the Customer's rights under a product warranty claim?

 

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

 

In what cases is the product considered defective?

 

A product is considered defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.

 

What is the deadline for the Customer to submit a claim under the product warranty?

 

The Customer has two years from the date on which the product was placed on the market by the manufacturer to make a product warranty claim. After this period, the right to claim is lost.

 

Against whom and under what other conditions can someone enforce a product warranty claim?

 

You can only enforce your product warranty claim against the manufacturer or distributor of the movable item. In order to make a product warranty claim, the burden of proving that the product is defective lies with the Customer.

 

In which cases is the manufacturer (distributor) exempted from its product warranty obligation?

 

The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:

• the product was not manufactured or distributed within the scope of its business activities, or
• the defect was not recognisable given the state of scientific or technical knowledge at the time the product was placed on the market, or
• the defect in the product was caused by the application of a law or a mandatory authority provision.

 

The manufacturer (distributor) only needs to prove one ground for exemption.

 

Please note that the Customer may not make both an implied warranty claim and a product warranty claim for the same defect at the same time, in parallel. However, in the event of a successful product warranty claim, you may assert your implied warranty claim against the manufacturer with respect to the replaced product or repaired part.

 

Guarantee

 

In which cases can the Customer exercise his/her right to an implied warranty?

 

In the event of defective performance, Forhercare is obliged to provide a guarantee in accordance with Govt. Decree 151/2003 (IX. 22.) on the mandatory guarantee for certain consumer durables.

 

What are the Customer’s rights under the guarantee and within what period of time?

 

The guarantee period starts when the product is delivered to the Customer. The guarantee period is one year unless the manufacturer of the product provides a longer manufacturer's guarantee. A completed and stamped guarantee ticket or certificate of payment (invoice) is required for repairs under guarantee.

 

The guarantee applies to products that are classified as consumer durables and the value of which exceeds HUF 10,000.

 

If the Customer starts the operation of a product covered by the guarantee after six months from the date of delivery, the guarantee period starts on the date of delivery of the product. If the product is repaired, the guarantee period shall be extended from the date of delivery for repair by the time during which the Customer could not use the product as intended because of the defect.

 

In the case of a defect covered by the guarantee, the Customer has the following options:

• Request repair or replacement, unless compliance with the option chosen by the Customer is impossible or it results in disproportionate additional cost on the part of Forhercare compared to alternative remedies.
• If the Customer has not or could not request repair or replacement, the Customer may request a pro-rata reduction of the consideration or may repair the defect by himself/herself or have it repaired by another party at Forhercare's expense or may withdraw from the Contract if the Customer no longer has an interest in repairing or replacing the product.

 

If, during the guarantee period, in the course of the first repair of the Product by Forhercare it is found that the Product cannot be repaired, Forhercare shall replace the Product within eight days, unless otherwise provided for by the Customer. If replacement of the Product is not feasible, Forhercare shall be obliged to refund the Customer for the purchase price indicated on the certificate of payment of the purchase price of the product presented by the Customer – the invoice or receipt issued under the VAT Act – within eight days.

 

If the product fails again during the guarantee period after being repaired three times – unless otherwise provided for by the Customer – and if the Customer does not request a pro-rata reduction of the purchase price pursuant to Section 6:159 (2) b) of Act V of 2013 on the Civil Code and the Customer does not wish to repair the product by himself/herself or have it repaired by another party at the expense of the business entity, Forhercare shall be obliged to replace the product within eight days. If replacement of the Product is not feasible, Forhercare shall be obliged to refund the consumer for the purchase price indicated on the certificate of payment of the purchase price of the product presented by the Customer – the invoice or receipt issued under the VAT Act – within eight days.

 

If the product has not been repaired within thirty days of the date on which Forhercare is notified of the repair request, Forhercare shall – unless otherwise provided for by the Customer – replace the consumer goods within eight days of the expiry of the thirty-day period without result. If replacement of the consumer goods is not feasible, Forhercare shall be obliged to refund the Customer for the purchase price indicated on the certificate of payment of the purchase price of the consumer goods presented by the consumer – the invoice or receipt issued under the VAT Act – within eight days of the expiry of the thirty-day period without result.

 

No withdrawal shall be possible on the grounds of a minor defect. The Customer may not make an implied warranty claim and a guarantee claim or a product warranty claim and a guarantee claim for the same defect at the same time and in parallel.

 

When is a business entity exempted from its guarantee obligation?

 

The business entity is only exempted from its guarantee obligation if it can prove that the cause of the defect arose after its performance.

 

Please note that the Customer may not make an implied warranty claim and a guarantee claim or a product warranty claim and a guarantee claim for the same defect at the same time and in parallel; otherwise however, the Customer is entitled to the rights arising from the guarantee, irrespective of the rights set out in sections “I. Implied warranty” and “II. Product warranty”.