Consumer protection information

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1. Service Provider

We inform you that this website is operated by

WeLoveShirts Limited Liability Company

2. Defective Performance

The business performs defectively if the service or product does not meet the quality requirements set forth in the contract or legislation at the time of performance.

The business does not perform defectively if you were aware of the defect at the time of contracting or should have been aware of the defect at the time of contracting.

It is presumed that any defect recognized by you within one year after performance already existed at the time of performance, unless this presumption is incompatible with the nature of the item or the nature of the defect. In practice, this means that if a defect is recognized within one year, the burden of proof lies with the Service Provider to demonstrate that the defect did not exist at the time of performance.

3. Warranty

In case of defective performance by the Service Provider, you may assert warranty claims against the business in accordance with the provisions of the Civil Code.

You may, at your discretion, exercise the following warranty rights:

You may request repair or replacement, except if fulfilling your chosen claim would be impossible or would entail disproportionate additional costs for the business. If you have not requested or could not request repair or replacement, you may request a proportionate reduction of the consideration or withdraw from the contract.

You may switch from one chosen warranty right to another, but you shall bear the cost of such switch unless it was justified or caused by the business.

You are obliged to report the defect without undue delay after its discovery, but not later than within two months of discovering the defect. In the case of contracts between a consumer and a business, a defect reported within two months of discovery shall be considered as reported without delay. The party entitled shall be liable for any damage resulting from delay in notification. However, please note that your warranty rights cannot be asserted beyond the two-year limitation period from the date of performance. In the case of used items, this limitation period is one year.

Within one year of performance, asserting your warranty claim beyond notifying the defect does not require any additional conditions, provided you prove that the item or service was provided by the Service Provider. However, after one year from performance, you are required to prove that the defect recognized by you already existed at the time of performance.

4. Product Warranty

In the case of a defect in movable property (product), you may, at your discretion, assert your warranty claim as described in point 3 above.

As a product warranty claim, you can only request repair or replacement of the defective product.

The product is considered defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not have the characteristics specified in the description provided by the manufacturer.

You may assert your product warranty claim within two years from the date of placing on the market by the manufacturer.

After this deadline, you lose this entitlement. You may exercise your product warranty claim only against the manufacturer or distributor of the movable property. In the case of asserting a product warranty claim, you must prove the defect.

The manufacturer (distributor) is exempt from product warranty liability if they can prove that:

– the product was not manufactured or placed on the market in the course of their business, or
– the defect was not detectable at the time of placing on the market in accordance with the state of the art in science and technology, or
– the defect stems from the application of legislation or mandatory official regulations.

The manufacturer (distributor) only needs to prove one reason to be exempted.

Please note that you cannot assert both warranty and product warranty claims for the same defect simultaneously. However, if your product warranty claim is successfully enforced, you can assert your warranty claim against the manufacturer regarding the replaced or repaired part or product.

5. Guarantee

5.1. Mandatory Guarantee

The Service Provider does not market products subject to mandatory guarantee prescribed by law.

5.2. Size Exchange Service

If the User mistakenly ordered a product in the wrong size, the Service Provider undertakes to prepare the product in the newly specified correct size, in which case the User only has to pay a discounted amount without having to return the incorrectly sized product.

6. Right of withdrawal according to Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses.

According to the Hungarian Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses, the sale of products in the online store operated by the Service Provider constitutes a distance contract as referred to in section 6. Typically, the Service Provider sells individually manufactured, non-pre-manufactured, personalized products tailored to the requirements of the User qualifying as a consumer. Therefore, in principle, the right of withdrawal cannot be exercised concerning these products based on section 29 (1) paragraph c) of the referenced Government Decree.

The products found under the categories „Products, Gift Ideas, Custom Products, and Customizable Designs” (for example, the MyLife collection) in the online store are considered individually manufactured, non-pre-manufactured, personalized products tailored to the requirements of the User qualifying as a consumer. For products outside of these categories, the consumer is entitled to withdraw from the contract without justification within 14 days.

The withdrawal period:

a) in the case of a sales contract: expires 14 days after the date on which you or a third party designated by you, other than the carrier, takes possession of the goods;
b) for multiple goods ordered by you in one order and delivered separately: expires 14 days after the date on which you or a third party designated by you, other than the carrier, takes possession of the last goods;
c) for goods consisting of multiple lots or pieces: expires 14 days after the date on which you or a third party designated by you, other than the carrier, takes possession of the last lot or piece;
d) and in the cases described in points a), b), and c), the User may exercise the right of withdrawal during the period between the conclusion of the contract and the receipt of the goods.

You can declare your withdrawal in any way, orally or in writing.

If you wish to exercise your right of withdrawal, you must send or announce your clear statement of withdrawal to one of the following contacts:

WeLoveShirts SRL

Mailing address: 6000 Kecskemét, Ceglédi Street No. 99.
Email: [email protected]

For this purpose, you can use the withdrawal statement template available for download at the following link:

Withdrawal Form Template

Or you can copy the content from here:

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Withdrawal Form Template

(Complete and return only if withdrawing from the contract)

Recipient: WeLoveShirts SRL
Postal address: 6000 Kecskemét, Ceglédi Street No. 99.
Email: [email protected]
I, the undersigned………………………………………………………………… declare that I am exercising my right of cancellation regarding the contract for the following product(s) purchase:

Date of receiving the product:
Consumer's name:
Consumer's address:
Consumer's signature (only in case of a paper declaration):
Date:

—

You exercise your right of cancellation within the deadline if you send your written cancellation declaration before the specified deadline expires, or if you orally declare it on the last day of the deadline. You are responsible for proving that you have exercised your right of cancellation in accordance with the requirements and within the deadline stated here.

The exercise of the right of cancellation is not precluded by the unpacking of the product and the use necessary to determine its nature, characteristics, and functioning.

Effects of cancellation:

If you cancel this contract, we will refund without undue delay, but no later than 14 days from the receipt of your cancellation declaration, all payments made by you, including the cost of delivering the product to you, except for any additional costs arising from your choice of a delivery method other than the cheapest standard delivery method we offer. In the case of a sales contract for a product, the Supplier may withhold the refund until the product is returned or until the User has provided evidence of returning it: the earlier date shall be taken into account. The Supplier is not entitled to withhold the refund if they have agreed to collect the goods themselves.

We will use the same payment method for the refund as you used in the original transaction, unless you have expressly consented to another payment method; you will not incur any fees as a result of such reimbursement.

You must return or hand over the product to us without undue delay, but no later than 14 days from the date of notification of your cancellation declaration. The deadline is deemed to be met if you send back the goods before the 14-day deadline expires. You bear the direct cost of returning the product.

You are only liable for any diminished value of the product resulting from the handling of the product other than what is necessary to establish its nature, characteristics, and functioning.

You are responsible for arranging and covering the cost of returning the goods. You can also return the goods in person, by prior appointment with customer service.

Settlement between the Supplier and the User shall take place within 14 days following the arrival of the goods or the User's proof of returning the product. The 14-day period begins from the event that occurs earlier (receipt of the goods or arrival of the proof). In the event of cancellation, we will refund you the purchase price of the product and the delivery cost related to the cancellation.

Exemptions from the right of withdrawal:

According to Section 29 (1) of Government Decree 45/2014 (II. 26.), the consumer cannot exercise the right of withdrawal in the following cases:

In the case of non-premanufactured goods produced according to the consumer's instructions or expressly requested by the consumer, or in the case of goods clearly tailored to the consumer (a personalized product is considered to be a product ordered with a pattern selected on the website or specified by the User in another way - uploaded, described, ordered - selected type, color, size of the product, as these are manufactured by the Service Provider for the User after the order is placed).
In the case of the sale of sealed audio or video recordings, as well as computer software copies, if the packaging has been opened after delivery (the right of withdrawal can be exercised before opening).

In the case of digital content provided on non-physical media, if the business has commenced performance with the consumer's express, prior consent, and the consumer has simultaneously acknowledged that by giving consent, they lose their right of withdrawal after the commencement of performance.

7. Complaint and Dispute Resolution Forums:

Below, with the quotation of relevant provisions of the general terms and conditions, we inform about the options for complaints and dispute resolution.

7.1. The Consumer may address complaints regarding the behavior, activities, or omissions directly related to the distribution or sale of goods to consumers by the Service Provider, its member, employee, or person acting in the interest or on behalf of the Service Provider personally, in writing, by telephone, and by electronic mail (email) to the Service Provider at the following contact details:

WeLoveShirts Kft.

Address: 6000 Kecskemét, Ceglédi Street 99.
E-mail: [email protected]
Phone number: +36 76 200 249 (non-premium rate, available Monday to Friday between 09:00 and 17:00)

The Service Provider handles complaints and inquiries at its premises located at 99 Ceglédi Road, Kecskemét, 6000.

The Service Provider shall immediately examine verbal complaints, if necessary, rectify them immediately. If this is not possible, or if the Consumer does not agree with the handling of the complaint, the Service Provider shall immediately draw up a report on the complaint and its position thereon and provide the Consumer with a copy of it

a) in the case of a verbally communicated complaint on the spot,
b) in the case of a verbally communicated complaint by telephone and written complaint, together with a substantive written response within 30 days from the receipt of the complaint.

A unique identifier is assigned to orally communicated complaints by telephone.

Furthermore, in handling verbally and personally communicated complaints, the Service Provider acts in accordance with the rules for handling written complaints.

The record of the complaint contains the following information:

a) name and address of the Consumer,
b) place, time, and method of presenting the complaint (in person, by telephone, email, or letter),
c) detailed description of the Consumer's complaint, list of documents, papers, and other evidence presented by the Consumer,
d) statement by the Service Provider on its position regarding the Consumer's complaint, if immediate investigation of the complaint is possible,
e) signature of the person recording the report and – except for orally communicated complaints by telephone – the Consumer's signature,
f) place and time of recording the report,
g) in the case of a complaint communicated by telephone, the unique identification number of the complaint.

The Service Provider shall respond in writing, in a substantiated manner, within thirty days of receipt of a written complaint, and shall arrange for it to be communicated to the Consumer in an evidential manner. The Service Provider is obliged to justify its rejection of the complaint.

In the event of rejecting a complaint, the Service Provider shall inform the Consumer in writing about which authority or conciliation body the Consumer may initiate proceedings with, depending on the nature of the complaint. The information shall include the seat, telephone, and internet contact details, as well as the mailing address of the competent authority or, depending on the Consumer's place of residence or stay, the conciliation body. The information also covers whether the Service Provider has made and, if so, the content of a general submission declaration, in which it undertakes to submit to the conciliation body procedure and, in the absence of an agreement, to abide by the decision made in such procedure.

The Service Provider may refrain from investigating a complaint that is identical in content to a previously and substantively answered complaint, as well as a repeated complaint made by the same Consumer, which does not contain new information, or a consumer complaint made by an unidentifiable person.

The Service Provider shall keep the record of the complaint and a copy of the response for three years and shall present it to supervisory authorities upon request.

7.2. Option to Resort to Conciliation Body:

The User (consumer) may also request the free procedure of a conciliation body regarding the quality and safety of the product, the application of product liability rules, the quality of the service, as well as the conclusion and performance of contracts between the parties.

In their request, the Consumer may designate another conciliation body different from those mentioned above.

Conciliation Body Competent According to the Registered Office of the Service Provider:

Csongrád-Csanád County Conciliation Body

Address: 8-12 Párizsi krt., 6721 Szeged, Hungary
Phone: +36 62 554 250/118 ext.
President: Dr. Péter Károly Horváth
Email: [email protected]
Website: https://www.bekeltetes-csongrad.hu/

In the absence of the Consumer's place of residence or habitual residence in Hungary:

The jurisdiction of the conciliation body is established based on the registered office of the business concerned or the authorized body representing it in consumer disputes.

The Service Provider is obliged to cooperate in the conciliation procedure.

The conciliation body is an independent body operating alongside the county (capital) chambers of commerce and industry. It has jurisdiction over the out-of-court settlement of consumer disputes on the topics mentioned above, aiming to ensure the simple, fast, efficient, and cost-effective enforcement of consumer rights.

7.3. If the User Resides in the European Union, Regarding Complaints about Products or Services Purchased Online, They Can Use the Following Online Dispute Resolution Tool Provided by the European Commission:

The European Commission's Online Dispute Resolution Platform

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

The EU has established this internet-based platform for consumers who wish to file complaints regarding products or services purchased online and would like to request a neutral third party (conciliation body) to handle the complaint.

Further information about the online dispute resolution platform and its use, as well as the dispute resolution process, can be found on the website accessed through the link provided above.

7.4. If the User Has Complaints Regarding the Quality of the Goods, the Conduct, Activities, or Omissions of the Service Provider (its member or employee), the Quality of the Service, or the Application of Liability Rules, They Can Turn to the Consumer Protection Authority in Budapest or the County Government Office According to Their Place of Residence in Hungary. The contact details of the territorially competent government offices can be found on the website http://kormanyhivatalok.hu.

The User can also address their complaint to the Consumer Protection Authority according to the registered office of the Service Provider:

Consumer Protection Department, Traffic and Consumer Protection Department, Bács-Kiskun County Government Office

Address: 19/A Szent István krt., 6000 Kecskemét, Hungary
Mailing Address: 6001 Kecskemét, Pf. 189
Phone: +36 76 795 710
Email: [email protected]
Website: https://kormanyhivatalok.hu/kormanyhivatalok/bacs-kiskun

7.5. Supervision Related to Data Handling:

The User may exercise their rights in court and may also turn to the National Authority for Data Protection and Freedom of Information:

National Authority for Data Protection and Freedom of Information

Address: 22/c Szilágyi Erzsébet fasor, 1125 Budapest, Hungary
Mailing Address: Pf. 5, 1530 Budapest, Hungary
Phone: +36 1 391 1400
Fax: +36 1 391 1410
Email: [email protected]
Website: http://www.naih.hu/

In case of choosing the judicial path, the lawsuit - according to the choice of the User concerned - can also be initiated before the court having jurisdiction over their place of residence or habitual residence, as the adjudication of the lawsuit falls within the jurisdiction of the court.

May 08, 2024.

WeLoveShirts Ltd.