Consumer protection information

Consumer protection information

Service provider
The web shop, which can be accessed at www.imachinetools.hu, is operated by(z) iMachine Consulting and Services Limited Liability Company

Company registration number: 13 09 172030
Tax number: 11684514-2-13
Registered office: 2120. Dunakeszi, Északi utca 31/1. Location: 7100 Szekszárd, Korsófölde u. 3.

Place of business: 7100 Szekszárd, Korsófölde u. 3. Phone: +36-20-565-2650
E-mail address: ugyfelszolgalat@imachinetools.hu

(hereinafter referred to as the "Service Provider").

Incorrect performance
The business is in defective performance if the service or product does not meet the quality

requirements laid down in the contract or by law at the time of performance.

The business is not in fault if you knew of the fault at the time you concluded the contract or should have known of the fault at the time you concluded the contract.

You must be presumed, within six months of performance, that the defect which you have discovered existed at the time of performance, unless this presumption is incompatible with the nature of the thing or the nature of the defect. In practice, this means that the burden of proof in the case of a defect discovered within six months is on the undertaking.

Accessories warranty

In the event of defective performance by the Service Provider, you may assert a claim for warranty against the company in accordance with the rules of the Civil Code and Government Decree 373/2021 (30.VI.).

You may, at your option, make the following warranty claims:

You can ask for repair or replacement, unless the remedy of your choice would be impossible or would involve disproportionate additional costs for the company compared to other remedies, considering the value of the service in its good condition, the seriousness of the breach of contract and the damage caused to the rightful claimant by the exercise of the right of remedy.

If the Service Provider has not undertaken to repair or replace the goods, or cannot fulfil this obligation within a reasonable period of time, taking into account the characteristics of the goods and their intended use, or if you no longer have an interest in repair or replacement, you may request a proportionate reduction in the price or withdraw from the contract, but you may not repair the defect yourself or have it repaired by another party at the Service Provider's expense. There shall be no right of withdrawal on account of a minor defect.

You are also entitled to claim a proportionate reduction of the consideration or termination of the contract of sale, depending on the seriousness of the breach, if.

- the Service Provider has failed or refused to carry out the repair or replacement or has carried out the repair or replacement but has not borne, or has not fully borne, the costs of returning the replaced goods.

- there is a repeated failure of performance, despite the Service Provider's attempts to make the goods conform to the contract.

- the defect in performance is of such gravity as to justify immediate price reduction or immediate termination of the sales contract; or

- the Service Provider has not undertaken to make the goods conform to the contract, or it is clear from the circumstances that the Service Provider will not make the goods conform to the contract within a reasonable time or without significant detriment to you.

The delivery of the consideration is proportionate if it is equal to the difference between the value of the goods you are entitled to receive in the event of contractual performance and the value of the goods you receive.

Your right to terminate the contract of sale may be exercised by sending a declaration to the Service Provider expressing your decision to terminate.

If the non-conformity concerns only a specified part of the goods supplied under the sales contract and the conditions for exercising the right to terminate the contract apply, you may terminate the sales contract only in respect of the non-conforming goods, but you may also terminate it in respect of any other goods acquired with them if you cannot reasonably be expected to keep only the goods that conform to the contract.

If you wish to terminate the contract of sale on the grounds of defective performance, the burden of proving that the defect is insignificant shall be on the Service Provider.

You are entitled to withhold the remaining part of the purchase price, in whole or in part, according to the seriousness of the breach of contract, until the Service Provider has fulfilled its obligations regarding the contractual conformity of the performance and the defective performance.

You may switch from one warranty right to another, but you will bear the cost of the switch, unless it was justified, or the Service Provider gave a reason for it.

You must notify us of the defect as soon as you discover it, but no later than two months after the defect is discovered. In the case of a contract between a consumer and a business, a defect communicated within two months of the discovery of the defect shall be deemed to have been communicated without delay. The right-holder shall be liable for any damage resulting from the delay in notification. However, the Service Provider draws your attention to the fact that you may no longer enforce your rights to claim for damages beyond the two-year limitation period from the date of performance of the contract.

Within one year from the date of performance, you can claim for a replacement warranty based on the defect, if you prove that the product was provided by the Service Provider. However, after one year from the date of performance, you will have the burden of proving that the defect which you have discovered existed at the time of performance.

The Service Provider must repair or replace the goods within a reasonable period, considering the characteristics of the goods and their expected use. The reasonable time limit shall be calculated from the date on which you notify the Supplier of the defect.

You must make the goods available to the Service Provider to complete the repair or replacement. The costs of fulfilling the warranty obligation shall be borne by the Service Provider.

The Service Provider must ensure the return of the replaced goods at its own expense. If the repair or replacement requires the removal of goods which were put into service in accordance with the nature and purpose of the goods before the defect became apparent, the obligation to repair or replace shall include the removal of the non-conforming goods and the putting into service of the goods supplied as a replacement or repaired goods or the bearing of the costs of removal or putting into service.

If you terminate the sales contract in whole or in part in respect of goods supplied under the sales contract, you must return the goods concerned to the Supplier at the Supplier's expense and the Supplier must reimburse you immediately for the purchase price paid for the goods concerned once you have received the goods or the certificate of return.

Product Warranty
In the event of a defect in a movable item (product), you may, at your option, exercise your right

under point 3 or claim under the product warranty.

As a product warranty claim, you can only ask for the defective product to be repaired or replaced.

A product is 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.

You have 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, you lose this right.

You can only exercise your right to claim under a product warranty against the manufacturer or distributor of the movable item. You must prove that the product is defective to make a product warranty claim.

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

- the product was not manufactured or placed on the market during his business, or - the defect was not detectable
according to the state of science and technology at the time of placing on the market, or
- the defect in the product results from the application of a legal or regulatory provision.

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

Please note that you may not claim for a defect in accessories and a product warranty at the same time. However, if your product warranty claim is successful, you may assert your accessories warranty claim against the manufacturer for the replaced product or repaired part.

Good standing

Compulsory guarantee

In the event of defective performance, the provisions of Act V of 2013 on the Civil Code, Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain consumer durables, Government Decree 19/2014 on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business. (IV. 29.) NGM Regulation (hereinafter referred to as NGM Regulation), the Service Provider is obliged to provide a warranty for the durable consumer goods sold by it, which are subject to Government Regulation No. 151/2003 (IX. 22.) The list of consumer durables is set out in the Annex to Government Decree 151/2003 (IX. 22.), the current text of which can be found at the following link:

https://net.jogtar.hu/jogszabaly?docid=a0300151.kor

Products other than these are not covered by the mandatory legal guarantee.

In the case of new consumer durables subject to Government Decree 151/2003 (IX. 22.), the Service Provider is obliged to enclose the warranty card. The warranty period is one year.

If the purchased product is a new consumer durable within the scope of Government Decree 151/2003 (IX. 22.) and the purchased product fails during the one-year mandatory warranty period, you may assert the same claims against the Service Provider as in the case of the warranty of accessories. You may therefore claim repair, replacement, or a price reduction, in the order set out in point 3. If the Service Provider has not undertaken to repair or replace the goods, cannot fulfil this obligation under the conditions laid down by law, or if your interest in repair or replacement has ceased, you are entitled to withdraw from the contract.

If a purchased product is covered by a warranty, the warranty rights and the rights under the warranty can be enforced in parallel.

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

Please note that you may not make a warranty claim and a warranty claim for the same defect at the same time, or a product warranty claim and a warranty claim at the same time, otherwise you will have the rights under the warranty irrespective of the rights set out in points 3 and 4.

Right of withdrawal/cancellation

If you order a product, you have the right to withdraw from the contract within 14 days without giving any reason. Similarly, in the case of a contract for the provision of services, once performance of the contract has begun, you have the right to terminate the contract without giving any reason within 14 days.

The withdrawal period:
a) for a contract for the sale of goods: expires 14 days after the day on which you or a third party other than the carrier and indicated by you take delivery of the goods;
b) for the supply of several goods: expires 14 days after the day on which you or a third party other than the carrier and indicated by you take delivery of the last goods;
c) for the supply of goods consisting of several lots or items: the
day on which you or a third party other than the carrier and indicated by you takes delivery of the last lot or piece;
d) and in the case of a), b) and c), the User may exercise his right of withdrawal during the period between the day of conclusion of the contract and the day of delivery of the product.

You do not have the right of withdrawal in respect of the services if the Service Provider has started performance with your express prior consent and you have acknowledged while you have given your consent that you will lose your right of withdrawal once performance has started.

You may give notice of withdrawal/cancellation in any way, either orally or in writing.

If you wish to exercise your right of withdrawal/cancellation, you must send or notify us a clear statement of your intention to withdraw to one of the following contact details:

Addressee: iMachine Consulting and Service Provider Limited Liability Company Postal address: 7100 Szekszárd, Korsófölde u. 3.
E-mail: ugyfelszolgalat@imachinetools.hu

You can also use the following model withdrawal/cancellation notice for this purpose:

Model withdrawal/cancellation notice

(fill in and return only in case of withdrawal/cancellation of the contract)

Addressed to: Postal address:

I, the undersigned .............................................................................., declare that I exercise my right of withdrawal/cancellation in respect of the contract for the purchase of the following product(s) or the provision of the following service(s):

Date of conclusion of contract / date of receipt of product: Name of the consumer:
Address of the consumer:
Signature of the consumer (only in case of a paper declaration): Celt:

You will exercise your right of withdrawal/cancellation within the time limit if you send your written notice of withdrawal before the expiry of the time limit indicated above or give oral notice on the last day of the time limit. The burden of proving that you have exercised your right of withdrawal/cancellation in the manner and within the time limits set out herein lies with you.

In the case of products with hygienic packaging, you cannot exercise your right of withdrawal without giving a reason once the hygienic packaging has been removed. The opening of additional packaging outside the hygienic packaging does not prevent you from exercising your right of withdrawal. For products outside the hygienic packaging, the exercise of the right of withdrawal shall not be precluded using the opened packaging and the use necessary to establish the nature, characteristics and functioning of the product.

Legal effects of withdrawal/cancellation

If you withdraw from or terminate this contract, we will refund all payments made by you, including the cost of carriage in the case of withdrawal for a product (excluding any additional costs incurred because you have chosen a mode of carriage other than the cheapest standard mode of carriage offered by us), immediately and in any event no later than 14 days after receipt of your notice of withdrawal/termination. We will use the same method of payment as the original transaction unless you expressly agree to a different method of payment; you will not incur any additional costs because of using this method of payment. We may withhold a refund until we have received the product, or you have provided proof that you have returned it, whichever is the earlier.

In the case of a service, if you have requested that the service should start within the withdrawal/cancellation period, in the event of termination you will be liable to reimburse the Service Provider for the pro rata amount of the service provided up to the date of termination. Likewise, the Service Provider shall reimburse you for any part of the consideration provided by you which exceeds the consideration for the service provided by it.

You must return or hand over the product to us without undue delay and at the latest within 14 days of the date of your notice of withdrawal. The deadline is deemed to have been met if you send the product before the 14-day deadline has expired.

You can only be held liable for depreciation of a product if it is due to use beyond the use necessary to establish the nature, characteristics and functioning of the product. This provision is only applicable to products other than those in hygienic packaging.

You are responsible for arranging the return of the product and the cost of returning it.

You can also return the product in person, after making an appointment with Customer Service.

After the acceptance of the withdrawal/cancellation and the return of the goods, the settlement will be made within a maximum of 14 days from the acceptance of the withdrawal/cancellation. In the case of a cancellation concerning a product, the Service Provider shall refund to you the purchase price of the product concerned by the cancellation and the cost of delivery, and in the case of a cancellation concerning a service, the purchase price of the service concerned by the cancellation.

Exceptions to the right of withdrawal/cancellation:

Pursuant to Article 29 (1) of Government Decree 45/2014 (26.II.), the consumer may not exercise his/her right of withdrawal/cancellation:

in the case of a contract for the provision of a service, after the service has been wholly performed, if the undertaking has begun performance with the consumer's express prior consent and the consumer has acknowledged that he will lose his right of withdrawal after the service has been wholly performed.
for a product or service whose price or charge is subject to possible fluctuations in the financial market which are beyond the control of the undertaking, even during the withdrawal period.
in the case of a product which is not prefabricated, which has been manufactured on the instructions or at the express request of the User or which is clearly personalized for the User.
perishable or short-lived products.
for sealed products that cannot be returned after opening after delivery for health or hygiene reasons.
in respect of a product which, by its nature, is inseparably mixed with other products after the transfer.
an alcoholic beverage the real value of which is dependent on market fluctuations in a way beyond the undertaking's control and the price of which was agreed between the parties at the time of the conclusion of the sales contract, but the contract is not performed until 30 days after the conclusion of the contract.
in the case of a contract for a business where the business visits the consumer at the consumer's express request to carry out urgent repair or maintenance work, except in the case of services or products offered in addition to those expressly requested by the consumer and in addition to the replacement parts used to carry out the maintenance or repair.
the sale of a copy of a sound or video recording or computer software in sealed packaging if the consumer has opened the packaging after delivery.
newspapers, periodicals, and periodicals, except for subscription contracts.
for contracts concluded by public auction.

for contracts for the provision of accommodation, transport, car rental, catering or leisure activities, with the exception of housing services, where a deadline or period for performance has been specified in the contract;
in respect of digital content provided on a non-tangible medium, where the undertaking has begun performance with the consumer's express prior consent and the consumer has, at the same time as giving that consent, acknowledged that he or she will lose the right of withdrawal once performance has begun.

Complaints, dispute resolution forums

Below, you will find information on the possibilities for complaints and dispute settlement, quoting the relevant provisions of the general terms and conditions.

The User may contact the Service Provider by postal mail and electronic mail at the following contact details with a complaint regarding the service, the conduct, activity or omission of a member, employee or person acting in the interest or for the benefit of the Service Provider directly related to the distribution or sale of goods to consumers, or the quality of the goods:

iMachine Consulting and Services Limited Liability Company Postal address: 7100 Szekszárd, Korsófölde u. 3.
E-mail: ugyfelszolgalat@imachinetools.hu

The Service Provider will investigate the verbal complaint immediately and, if necessary, remedy it immediately. If this is not possible, or in case of disagreement by the User, and in case of a written complaint, the Service Provider shall reply in writing within thirty days at the latest.

Possibility to appeal to a conciliation body

The user (consumer) may also request the free of charge procedure of an arbitration body in relation to the quality and safety of the product, the application of product liability rules, the quality of the service, and the conclusion and performance of the contract between the parties.

If the Consumer has his/her place of residence or stay in Hungary, the conciliation body of the county (capital) of the place of residence or stay is competent. The contact details of the conciliation bodies can be found at https://www.bekeltetes.hu/index.php?id=testuletek

The consumer may designate a different conciliation body in his request.

In Hungary, the Budapest Arbitration Board, which is attached to the Budapest Chamber of Commerce and Industry, is also entitled to act in cross-border disputes between consumers and traders related to online sales or service contracts. The contact details of the Budapest Conciliation Board, which is attached to the Budapest Chamber of Commerce and Industry, can be found at

https://www.bekeltetes.hu/index.php?id=testuletek&pid=1&mid=1 and can also be found here: Budapest Chamber of Commerce and Industry
the Budapest Conciliation Board

Address: 1016 Budapest, Krisztina krt. 99. 310. Phone: +36 1 488 2186
Fax: +36 1 488 2186
E-mail: bekelteto.testulet@bkik.hu

Website: http://bekeltet.hu

The conciliation body is an independent body attached to the county (capital) chambers of commerce and industry. It is responsible for the out-of-court settlement of consumer disputes on the above-mentioned subjects, by attempting to reach an agreement and, if this is unsuccessful, by deciding on the case to ensure the simple, quick, efficient and inexpensive enforcement of consumer rights.

The conciliation body advises consumers or businesses on their rights and obligations at their request.

If you live in the European Union, you can use the following online dispute resolution tool of the European Commission to resolve your complaint about a product or service purchased online.

The European Commission's online dispute resolution platform

Website: https://webgate.ec.europa.eu/odr

This internet-based platform was set up by the EU for consumers who want to complain about products or services they have bought online and ask a neutral third party (dispute resolution body) to handle the complaint.

For more information about the online dispute resolution platform and how to use it, please visit the website using the link above.

The User with a complaint about the quality of the goods, a cross-border complaint about the conduct, activity, or omission of the Service Provider (member, employee) or a person acting in his/her interest or for his/her benefit, the quality of the service, the application of liability rules to the European Consumer Centre

European Consumer Centre

Postal address: 1440 Budapest Pf. 1. Phone: +36 1 896 7747

Fax: +36 1 210 2538
E-mail: info@magyarefk.hu
Website: https://www.magyarefk.hu/hu/elerhetosegek.html

Supervision related to data management
The User may exercise his or her rights before a court of law, and may also apply to the National

Authority for Data Protection and Freedom of Information:

National Authority for Data Protection and Freedom of Information

Address: 1125 Budapest, Szilágyi Erzsébet fasor 22/c. Postal address: 1530 Budapest, PO Box 5
Phone: +36 1 391 1400
Fax: +36 1 391 1410

E-mail: ugyfelszolgalat@naih.hu Website: http://www.naih.hu/

In the event of a court proceeding, the action may be brought before the court of the User's domicile or residence, at the choice of the User concerned, as the court has jurisdiction to hear the case.

Szekszárd, 2022.08.01

iMachine Consulting and Services Limited Liability Company

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