Warranty rules – Little flamingos online shop

  1. Warranty

The Service Provider shall continuously inform the Customer about the products and their essential characteristics which can be purchased in the Online shop. The products must be suitable for the purposes for which other products of the same kind are normally used, they must have the same quality which is common to products of the same kind, and which may be expected by the Customer, and the products must have all characteristics included in the description of the product provided by the Service Provider.

The Service Provider expressly calls the attention that in the event of any of the following cases, the Service Provider is entitled to reject the Customer’s claim for warranty or product guarantee:

  • improper use of the product (contact with rough surfaces damages the product, destroying its material);
  • unprofessional/ improper handling of the product

(A) swimsuits must be rinsed in lukewarm water after each use and it must allow to dry in a ventilated area; it is forbidden to wash or dry the swimsuits in a washing machine, it is forbidden to use spin-dryer or iron)

  1. B) fitness clothing must be washed in a washing machine at low temperature (maximum 40 °C/104 °F) or it must be rinsed in lukewarm water after each use and it must allow to dry in a ventilated area after used one or two times; it is forbidden to use spin-dryer or iron)
  • error/problem due to incorrect size selection (size chart is continuously available in the Online shop, which may help the Customer to select the size that fits him/her)
  • as a result of the unprofessional / domestic repair performed by the Customer, the error/problem has aggravated, or its cause, origin and extent can no longer be judged.
  1. In which cases the Customer may claim for warranty?

In case of any lack of conformity detected by the Customer, he/she shall be entitled to claim for warranty in accordance with the provisions of Hungarian Civil Code (Act V of 2013 on the Civil Code).

  1. What kind of warranty rights has the Customer?

On the basis of warranty rights, the Customer shall have the option – according to the below claim enforcement order -:

  1. to choose either repair or replacement, unless compliance with the chosen warranty right is impossible or it results in disproportionate expenses on the part of the Service Provider as compared to the alternative remedy. Within fifteen (15) days from the receipt of the claim for repair or replacement of the product, the Service Provider shall satisfy the warranty claim without significant damage to the interests caused to the Customer. If the duration of the repair / replacement is expected to exceed fifteen (15) days, the Service Provider shall inform the Customer of the expected duration of the repair / replacement.
  2. to ask for a commensurate reduction in the consideration, repair the defect himself/herself or have it repaired at the Service Provider’s expense, or to withdraw from the contract in the last case. The Customer is not entitled to withdraw from the contract if the lack of conformity is minor.
  3. The Customer shall be entitled to switch from the warranty right he/she has selected to another. The cost of switch-over shall be covered by the Customer, unless it was made necessary by the Service Provider’s conduct or for other reasons.
  4. What is the deadline for the enforcement of warranty claims?

The Customer shall be obliged to notify the Service Provider of any lack of conformity without any delay, but at latest within 2 (two) months of the time it was detected. Any lack of conformity shall be deemed to have been notified without any delay if it was reported within two (2) months after it was identified.

The right to warranty shall lapse after 1 (one) year from the delivery date; in connection with contracts which was concluded between consumers and companies, the Customer’s right to warranty shall lapse after (2) two years from the delivery date.

  1. Against whom the Customer may claim for warranty?

The Customer may claim for warranty against the Service Provider.

  1. What other conditions are there for the enforcement of the Customer’s warranty rights?

Any lack of conformity detected by the Customer within 6 (six) months of the date of performance shall be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the thing or the nature of the lack of conformity. In the above case the Customer shall only notify the Service Provider about the defect of the product. However, after 6 (six) months from time of the performance, the Customer shall be obliged to prove that the defect recognized by him/her was already present at the time of performance.

  1. Product guarantee
  2. In which cases the Customer may claim for warranty?

In case of any lack of conformity of the ordered product the Customer may be entitled to claim for warranty or product guarantee – at his/her own choice. The Customer shall not be entitled to claim for warranty and product guarantee for lack of conformity at the same time. However, in case of successful enforcement of a warranty claim the Customer may enforce a claim for product guarantee against the manufacturer for the replaced product or its repaired part.

  1. What kind of warranty rights has the Customer?

The Customer may be entitled to ask for the repair or the replacement of the defective product.

  1. In which cases the product shall be considered defective?

The product shall be deemed defective if it does not meet the requirements related to conformity in effect at the time of placing on the market, or it does not meet the specifications provided by the manufacturer.

  1. What is the deadline for the enforcement of warranty claims?

The manufacturer shall remain subject to warranty obligation for a period of 2 (two) years effective from the date of the purchase if the Customer qualifies as a consumer. In other cases, the manufacturer shall remain subject to warranty obligation for a period of 1 (one) year effective from the date of the purchase. The above deadlines shall apply with prejudice.

  1. Against whom the Customer may claim for warranty and under what conditions?

The Customer may only exercise its warranty rights against the manufacturer or the distributor of the product. In the event of a warranty claim, the Customer must prove the defect of the product.

  1. In which case the manufacturer (distributor) shall be relieved of its warranty obligation?

The manufacturer (distributor) shall be relieved of its warranty obligation if able to prove that:

  • the product was not manufactured or placed on the market in the course of the manufacturer’s business;
  • when the product was placed on the market, the existence of a defect can not be discovered because of the state of scientific and technical knowledge; or
  • the defect of the product was caused by the application of the laws or a regulatory provision prescribed by the authorities.

It is sufficient for the manufacturer (distributor) to prove one of the above reasons for the exemption.

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