WARRANTY AND GUARANTEE


 In case the purchased good or goods are faulty,and the deffect has deffinitely been occured way before the receiving the package itself,the consumer must notify our costumer service in 3 workdays about the deffective product,via sending an e-mail to the address webshop@devergo.com.

In case the ordered product goes down in the following six month,please send it back to our HQ’s address,with the invoice attached.We are going to investigate the deffected product on our own expense,and we are going to inform the consumer about the outcome ASAP.In the first six monthe the Flas Ltd. is dealing with the complaints as the retailer.With a contract settled between the consumer and the company,the warranty purpose can be implemented in the upcoming two years,counted from the date of the receivement of the product.In the first 6 months the neccesary indepent investigation is provided and financed by the retailer itself.In the remaining 18 months,the consumer can implenet any of the complaints at the bodies of consumer protection,and about the legit compliments can be prooved with the official report itself.Curretnyl there is no opportunity to send back any of the ordered packages or goods via postal cash on delivery.We cannot accept any of the complaint and products sent back this way..

We hereby notify all of our costumers,that according to hygenic reasons,we are not able to accepts deffective products that are sent back dirty,muddy or wet.We kindly ask,to send the goods back in a dry and clean stage.

The Maintenance guide and Book of instruction handed at the time of purchase,or sewed inside the product as a ticket,are the normative when using and wearing our proucts.These insturctions are working as a guideline when investigating any of the warrantial complaints.

The following principles are regulating the terms of online shoping int he member states of the European Union,redress and warranties or complaints:

DIRECTIVE 1999/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 25 May 1999

Article 3

Rights of the Customer


1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered

2. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, in accordance with paragraphs 5 and 6.

3. In the first place, the consumer may require the seller to repair the goods or he may require the seller to replace them, in either case free of charge, unless this is impossible or disproportionate.

A remedy shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable, taking into account:

- the value the goods would have if there were no lack of conformity,

- the significance of the lack of conformity, and

- whether the alternative remedy could be completed without significant inconvenience to the consumer.

Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.

4. The terms "free of charge" in paragraphs 2 and 3 refer to the necessary costs incurred to bring the goods into conformity, particularly the cost of postage, labour and materials.

5. The consumer may require an appropriate reduction of the price or have the contract rescinded:

- if the consumer is entitled to neither repair nor replacement, or

- if the seller has not completed the remedy within a reasonable time, or

- if the seller has not completed the remedy without significant inconvenience to the consumer.

6. The consumer is not entitled to have the contract rescinded if the lack of conformity is minor.

 

Article 4

 

Right of redress

 

Where the final seller is liable to the consumer because of a lack of conformity resulting from an act or omission by the producer, a previous seller in the same chain of contracts or any other intermediary, the final seller shall be entitled to pursue remedies against the person or persons liable in the contractual chain. The person or persons liable against whom the final seller may pursue remedies, together with the relevant actions and conditions of exercise, shall be determined by national law.

As far as it is previously mentioned int he Article 4, this EC as a directive, proposes the previously mentioned articles and points,but the relevant actions and conditions are determined by the national law.

 

The Flas Ltd. is inhabited in Budapest, Hungary. Hungary as a a member state of the European Union and the European Comission, is considering all proposals and directives of the EC.

 

Therefore,the Hungarian Code Civil (2013) determines the following acts on redress, lack of conformity, and any kinf of quality complaints:

 

The perceptions of warranty are detailed int he Hungarian Law of Code Civil of Year 2013,law number V., 6:159-167. §-, and the 19/2014 GKM statute,and the Number VI. law of year 1959., 305-311§- aswell.

According to the Hungarian Code Civil,in all cases,when the product can be repaired without the subsidience of the value of the product itself,the costumer can only ask for the replacement of the product,or the payback of the costs of the product,if it do not adds up lopsided costs to the retailer.

Qutation of the Code Civil,2013,part of  General provisions on lack of conformity

6:157 Section on Lack of conformity

 [Lack of conformity]

 (1) Lack of conformity means when the obligor’s performance at the delivery date is not in compliance with the quality requirements laid down in the contract or stipulated by law. The obligor is not liable for any lack of conformity if, at the time of the conclusion of the contract, the obligee knew or should have known the lack of conformity.

 (2) Any clause of a contract that involves a consumer and a business party that derogates from the provisions of this Chapter on warranties and commercial guarantees to the detriment

6:159 section on Warranty

[Warranty rights]

(1) On the basis of a contract in which the parties owe mutual services to one another, the obligor shall be liable to provide warranty for lack of conformity.

 (2) On the basis of warranty rights, the obligee shall have the option:

a) 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 obligor as compared to the alternative remedy, taking into account the value the service would have had there been no lack of conformity, the significance of the non-performance, and the harm caused to the obligee upon compliance with the warranty right; or

 b) to ask for a commensurate reduction in the consideration, repair the defect himself or have it repaired at the obligor’s expense, or to withdraw from the contract if the obligor refuses to provide repair or replacement or is unable to fulfill that obligation under the conditions described in Subsection (4), or if repair or replacement no longer serves the obligee’s interest.

(3) The obligee is not entitled to withdraw from the contract if the lack of conformity is minor.

(4), or if repair or replacement no longer serves the obligee’s interest.

The warranty complaints can only be implented to such problems,that have already been existed at the time of the purchase or receivement,or problems that could only be noticed when the product is being worn,or fabric and factorial problems.Any faliure and all deffects occured during  strong mechanical impact,congestion,not proper maintanence or home made repairment are not making the subject of warrantial rights,and leads to loose warranty.

The warranty complaints can only be implented to such problems,that have already been existed at the time of the purchase or receivement,or problems that could only be noticed when the product is being worn,or fabric and factorial problems.Any faliure and all deffects occured during  strong mechanical impact,congestion,not proper maintanence or home made repairment are not making the subject of warrantial rights,and leads to loose warranty.

The given time that is given to all costumers for intending their complaint is calculated for cases when the costumer is set back and is not ablt to send back the product on time.In the meantime the costumer is not allowed to wear or use the named products.In the meantime the occured deffect can not increase.The deffect occured ont he product must be testified ASAP to the retailer.The further usage of the mentioned product can leas to more deffects,that can probably not be repaired,and leads to increasing expenses for the retailer in case the costumer chooses to  purchase another products instead of the defected item.

The complained products are investigated both visual,with sense-perceptional methods,without destructions.We are making allowance for the allowance legal acts,legal specifications and the previous investigational experiments.

The Hungarian accredited independent bodies legitimated to investigate this complained cases.

The decission and judgement made by the investigator,or the retailer,and how the repair itself was made can slo be unacceptable for the costumer,it is not mandatory to accept.From the other hand,the further management of the case is int he costumers hands,it is not the task of the retailer.In case od consumer dispute has been started,parallel with the county bodies and consumer and  retailer chambers,the consumer can ask for the help of the concilatory body.The competent concilatory body is depending ont he consumers residential address.

In casse the consumer do not have any domestic residential or official address,than the competency of the concilatory body depends on the residential number of the retailer company,or the retailers competent representer.

The addresses of the concilatory bodies can be found ont he following website: www.bekeltetes.hu . In case you as a costumer,do have any proplems refarding to the invesigation recepit, or the quality compliment managing,you can still ask for the help of the competent body of the National Consumer Protection Institution, or you can even start a civil procedure.The contact informations regarding to the upwards mentioned can be found in each retailers shop,as far as it is a mandatory of law.

In case when the quality complaint is legit,and we have no opportunity or tool to repair it,we neither storaging the product,nor sending it back,but we are going to destruct it.

 ODR Platform

The European Comission had established the Online Dispute Resolution (ODR int he followings) website,where the consumers can registrate.Throughout this platfrom,consumers have the oppurtunity to overcome their legal disputes throughout an online petition,to avert the judical procedure.

In case you have any complaint regarding any of the goods or service bought online,and you are not committed to start a legal procedure,you are able to start an ODR.

Ont he ODR platform you and retailer whom with you have a dirpute to be averted,are able to choose a dispute resolution body who you want to charge with finding a solution on your problem.

The ODR platform is available ont he following link:

https://webgate.ec.europa.eu/odr/main/?event=main.home.show&Lng=HU

 The Webshop itself hereby warrant all of its costumers,that all of the products offered for purchase ont he website,are corresponding with the products description and the photos.The quality is loyal to the standard aspects of the brand Devergo with the mentioned attributes.

The compliments of the costumer must be significated ASAP to our costumers service via e-mail,ont he following e-mail address: webshop@devergo.gr . The wesbhop manages the case as written int he law,the deffectied product is going to be investigated,the product is going to be repaired or replaced with a product with the same attributes,buti n a perfect condition.In case of we are out of stock from the certain product,we offer the payback of the total costs as an option.As far as the compliment seems to be legit,the costumer can asj for the replacement or payback for 6 months from receiving the notification of the outcome of the investigation.

The webshop is acting regarding to the competent legal acts,the deffected product is being investigated,repaired as far as it is possible,or replacing the product with a same item with the same attributes.In case of the product is out of stock,we offer an option of paying back the total costs of  the product.The costumer can ask for the replacement or the payback of the costs int he following 6 months counted from receiving the receipt of the investigation.

In case of the contract have been settled between the consumer and the company,the costumer can implement the warranties for 2 years,counted from the date of receivment,for those deffects,that have been already existed at the moment of the purchase itself.After the two year long period,the consumer is not able to implement its product warranties.The right of warranties can be implementes with the original invoice or a copy.

The managing of the complaints is being dealt by the Retailer  (Flas Ltd.) itself during the whol period of the warranty.In the first 6 months of the warrany perios the neccesary investigation is provided by thr Retailer.In the remaining 18 months the costumer can ask for the Consumer Protectional bodies help,and the legit complaint can be proofed with the official receipt.

The costumer can implenet the product warranties against the Flas Ltd., the producer and retailer of all of the products on the webshop.The proucer,retailer is only acquilted of responsibility in case of the company itself can proof  any of the followings:

-the product was not produced int he case of business activities,and launched to the market

-the faulty part or material was not recognizable regarding to the technical circumstances at the moment of launching the product on markets

-the deffect of the product is based on the mandatory public process,or the employment of the legal acts

The purpose of the product warranties must be significated for the following 2 years from the product is put on the market.After this upwards mentioned deadline the eligibility of the purpose of warranties is being lost.The costumer must notify the retailer about the deffect as soon as it is noticed.In case the deffect is significated in two months counted from the receiving,it is booked as if it was notified without delay. In case of any deffects occured becouse of the delay,the costumer must be responsible.

With any problems regarding to the quality,the patients safety and rights,or with the clonclude of the contract or the settlement of the contract,the consumer is able to start a dispute without starting a judicial act,at the exact concilatory body of the consumers residential address.

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