Valid from 28 July 2020.

These Terms and Conditions (hereinafter referred to as T&C) can be downloaded here in pdf format.

1. INTRODUCTION

2. 1. We are proud that the community system (www.loveedating.co.uk) offers personalised services for single adults to get to know each other.
   2. The (domain name) is an online dating portal that offers free and paid services to users. The User gets access to the (domain name) database, which contains the profiles and personal information of other people.

1. 1. You may not use our services if you are under 18 years of age. ADDITIONAL INFORMATION IN SECTION 10.1.2.

1.3. You can use the blog magazine without registration. For more information about blog posts, see the Comment Policy link.

1.4. After registration you have to DECIDE FOR A MEMBERSHIP. 

You must choose one of the MEMBERSHIPS before you can use the services of the website.

The user acknowledges that the register of membership is currently free of charge as long as the service provider decides to introduce paid membership.

Please refer to Section 3.7 of the Terms and Conditions for further information.

1.5. By registering on the website www.loveedating.co.uk, a legal relationship is established between the Service Provider and the User in accordance with these T&C. The rules relating to data management are contained in the Privacy Policy, which is available here.

The Service Provider requires all users to comply with the Data Protection Policy and these Terms and Conditions, including in particular the adoption of the Code of Conduct set out in Section 6 below.

By registering on the website www.loveedating.co.uk, the User accepts the T&C and the Data Handling Policy and the Code of Conduct by ticking the appropriate box. 

2. DEFINITIONS

2.1 In these Terms and Conditions:

2.2 “Applications” refers individually and collectively to mobile applications, desktop applications and web applications.

2.3 “Desktop Applications” are desktop applications published by the Service Provider which may be offered from time to time.

2.4. “Member” means any person whose membership has been accepted by the service provider and whose membership is valid. Depending on the context, the term “membership” includes both free and paid membership.

2.5 “Membership” means the entitlement of a member to one or more Services. This entitlement depends on whether it is a paid membership or a free membership.

2.6 “Mobile Apps” means the iOS application and the Android application or any other software for mobile/tablet devices published by Service Provider that may be offered from time to time.

2.7 “Privacy Policy” means the privacy policies available on the website … /privacy-policy which, together with the Terms and Conditions, constitute the agreement between you and the Service Provider.

2.8 “Services” means the service provided by the Service Provider in any way (including but not limited to websites, applications or other technologies).

2.9. Service Provider: Provider of the service and operator of the website

Information about the Service Provider:
Name, Contact: Zsolt T Krizsan
Address and contact details of the data controller:
Corby, Northamptonshire, UK.
Website: https://loveedating.co.uk/
Email address: info[at]loveedating.co.uk (“Service Provider”)
Customer service contact: Address: (mailing address only, no customer service)

Contract language: Hungarian, which is not registered by the Operator.
Name / registered office / email address of the hosting provider:
Hosting Provider: 3 in 1 Hosting Bt., 2310,
Szigetszentmiklós, Forrás u. 12. Hungary;
Website: https://megacp.com/
Email: admin[at]megacp.com

2.10 “Terms and Conditions”: these Terms and Conditions, which together with the Privacy Policy constitute the agreement between you and the Service Provider, which the Service Provider may change and modify at any time, in which case they will be posted on the websites.

2.11 “User” means any member and/or visitor.

2.12 “Visitor” means the person browsing the Services.

2.13. “Web Applications” are published by the Company and may be offered from time to time.

2.14 “Website(s)” means the websites operated individually or collectively by the Service Provider.

2.15 Because the context may require it, words in the singular can be interpreted as plural words and words in the plural as singular words.

3. Services, conclusion of contract

3.1 Availability of Services. The Service is an online dating community system available under the domain name (DOMAIN NAME).

These Terms and Conditions apply to the legal relationship between you and the Service Provider (DOMAIN NAME).

3.1.1. Access to use the service requires registration. To register a User, a valid email address and an individually chosen password are required. The User must keep the login and password confidential and take responsibility for them.

The prerequisite for registration is that the customer is of legal age. 

3.1.2. Upon registration, a contractual relationship for free membership is established between the Service Provider and the registered User for a period of 14 days. 

3.1.3. After registration, the User receives an electronic message in the form of an email confirming the conclusion of the free membership contract.

3.1.4. An additional contractual relationship is established between the Service Provider and the User if the registered User decides after the 14-day trial period to order a membership with payment obligation by clicking the “Payment” button.

Before concluding a contract for membership with payment obligation, the User is informed by the Service Provider about the content of the service with payment obligation, the fees to be paid and the payment conditions.

The membership contract with payment obligation is concluded with the email of the Service Provider confirming the order.

3.1.5. The respective fee for the specified period must be paid in advance without deductions to the Service Provider.

By concluding the membership with payment obligation and providing the payment data, the User enables the Service Provider to freely execute the transactions associated with the payment. By clicking the order button, the User confirms that the order is subject to a charge. 

• Payment by credit card:

Payment by embossed credit card

In case of payment by credit card, the User is redirected from the “Checkout” in the user interface to a protected website (name, address and website of the Bank) where the purchase price is actually paid. The data on the User’s bank card is not recorded in any way by the Service Provider, nor is it made known to the Service Provider.

• Payment with PayPal

 In this case, payment is made through the PayPal system by redirecting the User to the PayPal website. 

Invoicing:

The Service Provider issues the invoice using the ……….. billing program and sends it to the User by email.

The electronic invoice is issued by the qualified service provider (company name: …………, registered office: …………, email: ………….) on behalf of the Service Provider. The Operator will not disclose the data provided on invoicing to third parties, they will be kept for the period specified in the relevant legislation. The electronic invoice issued by the Service Provider is an accounting document issued electronically for tax identification purposes and governed by accounting and VAT legislation. The original electronic invoice, as a certified document, certifies the existence of obligations and rights related to the payment of taxes, therefore it is necessary to store electronically issued invoices in electronic form in accordance with the relevant legislation.x

3.1.6. The order is processed on working days, from 10 to 18 o’clock. It is also possible to place the order outside the dates indicated as order processing; if this is done after working hours, it will be processed the next day.

After all orders received on the website have been processed, but at the latest within 48 hours, we will send (by email) a confirmation of the order. 

The Service Provider automatically saves the orders in electronic form.

An order placed on the website and a contract concluded by confirmation of the order shall be deemed to have been concluded in writing. The User is entitled to request a copy of the order electronically.

The parties agree that email communication between the Service Provider and the User shall be considered written communication. The above-mentioned confirmation of the order by email constitutes the content of the contract concluded between the Service Provider and the User.

3.1.7. The confirmation email sent to the User contains both the linked contractual data (membership information) and the Terms and Conditions applicable at the time the contract is concluded. In this way, the User is given the opportunity to save or print out the contract data and the Terms and Conditions. The contract data is also stored with the Service Provider.

3.1.8. The membership fee specified by the User in the order is in the currency £ and includes VAT.

3.2 The Service Provider reserves the right to change these Terms and Conditions unilaterally and without prior notification of the users.

3.3 Below you will find the terms of use of the service and our Privacy Policy, which are binding for all users from the time they start using the website.

If you do not read this agreement and still use the website, you accept these terms.

If you do not understand or accept the terms and conditions, do not use the website.  

If you do not accept the conditions, you do not have the right to use the (DOMAIN NAME) website.

3.4 Duration and termination of the contract, right of withdrawal

The duration of the contract for the free Service after registration is 14 days, and the duration of the subsequent paid service is either limited or unlimited, depending on the service package chosen by the User. 

The User can terminate the use of the Service at any time and without giving reasons with immediate effect by terminating his access via his profile. 

The Service Provider may terminate the provision of the Service to the User at any time and without giving reasons if the User violates the provisions of the T&C, because in such a case the User is not entitled to use the Service (e.g. if the User does not pay, does not use the Website as intended and does not comply with the Terms and Conditions).

Right of withdrawal of the User

The User is entitled to withdraw from the contract at any time during the term of the free contract, i.e. within fourteen days after conclusion of the contract, without giving reasons, which may result in the user not choosing paid membership after 14 days. 

The User is also entitled to terminate the contract at any time after the 14 days without consideration, but in this case the Service Provider is not obliged to refund the consideration.

The withdrawal period expires on the 14th day from the date of purchase of the free membership. 

3.5 General provisions

The service is provided by the Service Provider.

If you register your MEMBERSHIP, you will be able to access the services associated with a particular membership on the Service Provider’s website. 

If you meet certain requirements, the Service Provider may, at its discretion, make your profile visible on the website and in the applications operated by the Service Provider.

The agreement applies to the use of all services, widgets, plug-ins, applications, content, downloads and/or other services that are owned by the Service Provider and whose use is controlled by the Service Provider and provided to the User; or a link to this agreement is provided.

3.6 Duration of the trial period

When purchasing a membership, the User receives a free trial access for the first 14 days.

After the first 14 days, the Service will be available to members free of charge for certain services, while certain services will only be available to paying members.

3.7 Membership

In order to access all functions of the Service, the User must choose a Membership.

The user acknowledges that the register of membership is currently free of charge as long as the service provider decides to introduce paid membership. 

The user must be informed of this measure 8 days in advance.

Unless the membership is cancelled, it will be renewed automatically by credit card or PayPal on the last day of the current subscription period.

By paying the Membership fee, you agree that your purchase is non-refundable.

The purchased Membership is automatically renewed until one of the two parties decides to terminate it.

The renewable subscription can be cancelled at any time under (Membership cancel). 

The renewed subscription can be changed at any time under (Membership levels).

The User can cancel the automatic renewal of the subscription at any time after a successful payment by clicking on the site (Membership Account/Membership cancel) under (Yes, cancel my membership) by email to (email address) or by an internal message to the moderator.

The Service Provider is entitled to terminate the membership if the financial transaction fails during the automatic renewal process. The Service Provider sends an automatic email and an internal message for each payment, informing the User of the price, time and renewal or expiration of the membership.

Under (My Memberships) on the menu page (Membership Account) the User can see exactly how long his subscription is valid, when it is renewed or when it expires.

The User can view the current prices of the fee packages on the page (Membership levels) before changing membership.

For revolving payments, the subscription fee is charged to the credit card or PayPal account that the User used for the original transaction.

(DOMAIN NAME) provides access to all public functions of the portal for users who register Membership, including the 14-day trial period, and who pay the membership fee indicated on the website to the account number or PayPal account of the Service Provider.

The Service Provider reserves the right to unilaterally change the type and fee of the fee packages by creating new memberships. The fee of the new membership is only valid in case of a new payment, the fee of the currently active, renewed subscription will not be changed until cancellation. 

Any register in subscription fees will be posted on the site (membership levels) and will take effect from the date of publication.

If the registration is terminated or cancelled, the automatic renewal will also be cancelled, so that the User does not have to initiate this separately.

3.7.1 The membership period is activated after receipt of the membership fee. The user agrees that the Service Provider cannot refund the fee paid for his membership under any circumstances, not even in case of system failures through no fault of his own (force majeure) and in case the User register his mind before the end of his Membership. The User agrees that if he receives a membership free of charge through advertising, as a gift or as an invitation, the Service Provider can cancel it at any time with immediate effect. In the event that the User voluntarily deletes his profile or the Service Provider terminates it due to a violation committed by the user, the User loses all previously received or purchased memberships together with the registration.

3.7.2 Paid membership. At the first payment we debit the User’s account with the amount of the MEMBERSHIP PACKAGE chosen by the User.

The User can register his membership package at any time on the site (SZOLGÁLTATÓ DOMAIN NÉV), with the exception of use during the 14-DAY FREE TRIAL PERIOD. The Service Provider reserves the right to cancel the package at any time. 

We will debit the User’s account with the fee for the package selected by the User until the User cancels the package or his subscription is terminated for any other reason. The 14-day free trial period is a one-time option and cannot be used after its expiration.

With the payment the User agrees that the Service Provider will not refund the paid fee for any reason. By making payment, the User accepts the provisions of these Terms and Conditions.

3.8 Registration

The User must select one of the memberships during registration, otherwise he will not be able to use the dating service.

When you purchase a membership you receive a FREE 14-DAY TRIAL PERIOD.

After 14 days a paid membership comes into effect.

Registration means that the User has accepted these Terms and Conditions.

The following information must be provided during registration:

• Username used on the website
• Valid email address
• Gender
• Who I am looking for
• Date of birth
• Marital status
• Sexual orientation
• Status of the relationship
• Country: (Only United Kingdom)
• Name of your place of residence (city)
• Country of birth
• Ethnicity
• Spoken language

3.9 Deleting users

The Service Provider reserves the right to delete without further notice any User who misuses the name, image, email address or other personal information of another person, especially if the content displayed by the User via the Service

• violates a trademark
• represents a public figure, unless its authenticity can be proven 
• is a name that violates the interests of another person 
• is an insulting, obscene or coarse expression that violates the religious, ethnic, sexual or political affiliation of another person
• can be considered as hidden or overt advertising.

Neither the termination initiated by the User nor by the Service Provider entitles to compensation.

5. Content

5.1 Responsibility of the User

The User is fully responsible for the content (hereinafter referred to as “Content”) that he publishes within the Service, including but not limited to photographs, personal information, conversations, surveys, personal messages published through the service.

5.2 By accepting this document, the User acknowledges that the content made available through the Service Provider’s system can be checked by the Service Provider in advance.

The Service Provider is not obliged to monitor the Content published through the service.

5.3 If the Service Provider finds content that does not appear to comply with the terms of this document, it may investigate the matter and, at its sole discretion, decide in good faith whether such Content should be deleted. The Service Provider assumes no responsibility or obligation for the performance or non-performance of such activities. The User acknowledges that by using the Service he may be exposed to offensive, indecent or objectionable Content. Under no circumstances shall the Service Provider be liable in any way for any Content, including, but not limited to, any errors or defects in any Content posted via the Service, or for any loss or damage resulting from the use of such Content.

5.4 The Service Provider, as an intermediary service provider, is not responsible for the transmitted, published information.

5.5 Removing Content

The Service Provider may remove Content that it deems to be illegal at its own discretion without prior notice. In addition, the Service Provider may, without notice, remove any Content that infringes or violates any party’s intellectual property rights, copyright and related rights or other proprietary rights or the terms of these Terms and Conditions, or that contains personal information (such as email address, telephone number, website address, links to Facebook accounts or other social networks).

The Service Provider has the right, but not the obligation, to control the content uploaded to the website and disputes between members.

5.6 Content management

The User may not sell or modify the Content available on the Service Provider’s website and may not reproduce, display, publicly perform, distribute or otherwise use the Content in any manner or for any public or commercial purpose.

5.7 Placing links

Users may provide links to other websites and resources through certain features of the Service. The Service Provider has no authority over such sites and resources. Users are not always allowed to set links to other websites. This can be checked by the Service Provider, and if the Service Provider does not agree, the link can be removed or deleted at any time.

The User acknowledges and agrees that the Service Provider is not responsible for the availability of such external websites and resources, nor for the content placed on or accessible through them.

5.8 Storage guidelines

The User agrees that the Service Provider assumes no obligation or responsibility for the deletion of the service or the Content maintained or published on it or for the failure to store it.

6 User behaviour – CODE OF ETHICS

6.1 Each User undertakes to strictly comply with all applicable laws and regulations as well as these Terms and Conditions.

6.2 While using the Service, the User is responsible for his own behaviour and communication. The User agrees to use the Service only to send or receive messages and materials that are appropriate, legal and related to the existing Content of the Service Provider.

6.3 Conditions 

Please ensure that you comply with all applicable rules. 

If you violate these Terms and Conditions, we may terminate your access to our Services.

The User agrees not to continue the following activities while using the Service, otherwise his access may be restricted or terminated by the Service Provider, even without prior notice:

• posting of inappropriate, defamatory, harassing, torturous, vulgar, pornographic, obscene or illegal Content;
• posting of content that is harmful, defamatory, insulting, harassing, threatening, hateful, racially or ethnically offensive, or violates legal rights;
• providing materials of a third party without their consent;
• publishing Content that infringes the trademark, copyright, patent or other proprietary rights of third parties;
• advertising illegal activities or publishing instructions and information about them;
• the publication of advertising messages for pyramid schemes, chain letters or disturbing commercial messages, advertisements or prohibited messages;
• the publication and making available of materials that falsely suggest that they are officially endorsed or approved by the Service Provider;
• using unsolicited electronic communications such as “spam” or chain letters (hoaxes) sent to other members; otherwise disrupting other members’ use of the service; and posting inappropriate, objectionable, offensive, or “off-topic” messages in any area of the site;
• creation of user accounts by automatic means or under false pretences;
• several registrations with an active profile in use;
• posting of comments, advertisements or recurring comments that are distributed “flood-like” over a short period of time with the same content in several places.

Although the Service Provider prohibits the display of unwanted Content and inappropriate behaviour on the Website, the User acknowledges and agrees that he may nevertheless be exposed to such behaviour and/or content and that he uses the Service at his own risk.

6.4 Every User is obliged to report to the Service Provider any abuse and inappropriate remarks or behaviour of other Users.

7. Inviting friends

The Service Provider offers an import tool to its registered members, which they can use to invite their friends to the website. If the User decides to invite his friends, he confirms that he has received permission to do so from his friends and accepts that the Service Provider will send an automatic email invitation and reminder to his friends on behalf of the User. The Service Provider stores the contact details of the User’s friends, but uses them only to automatically link them to the user after the user has registered on the website. The User’s registration is linked to the service provider from which the user has invited his friends. If an invited friend or other person declines the invitation for any reason, the inviting party is responsible. 

The Service Provider does not transmit the data obtained in this way to third parties and does not use them for any other purpose than the invitation.

8. Miscellaneous provisions

8.1 Possibility of amending the Terms and Conditions.

The Service Provider can change these Terms and Conditions at any time and without prior notice. The changes will take effect thirty (30) days after they are published on the Website, and if the User continues to use the Website, this will automatically mean that the User accepts the new version. If the User logs in to the Website with his own login data, he immediately accepts the updated Terms and Conditions. The User can view the current version of the Terms and Conditions at any time, even before accessing the Website, by clicking on the menu item (Terms and Conditions) at the bottom of the page.

8.2 Indemnification

The User agrees to indemnify and hold harmless the Service Provider from all claims of third parties that are related to or arise from the use of the Service, including claims of any kind and costs arising from claims, defects, damages, legal disputes, judgments, legal costs and attorney’s fees. In these cases, the Service Provider will notify the User in writing of the claim, legal dispute or procedure.

 

8.3 Liability of the Service Provider

The Service Provider is not liable for defects or damages resulting from the failure to fulfil the obligations described in these Terms and Conditions. 

Furthermore, the User understands and consents to the collection, accumulation and anonymous integration of the data of all Users by the Service Provider, including the User, into the system of the Service, as well as the use of the data thus collected for anonymous statistical and analytical reporting purposes. 

The User agrees to use the Service solely at his own risk and accepts that the Service Provider is not liable for any material or non-material damage that may occur during use.

8.4 Disclaimer of liability 

The Service Provider cannot guarantee a successful partner search. 

The Service Provider excludes any responsibility or liability for the accuracy, content, completeness, legality, reliability, functionality and availability of the information or Content that appears on the Service. The Service Provider excludes any liability or responsibility in connection with the conduct of the User or other persons using the Service.

The Service and all Content and information contained therein are provided to the User by the Service Provider in their current state without any guarantee.

By registering, the User expressly agrees to use the Service exclusively at his own risk and peril.

8.5 Limitation of liability

Under no circumstances shall the Service Provider be liable to the User for indirect, consequential, extraordinary, incidental or indicative damages arising out of or in connection with the use of the service.

9. Enforcement of user rights

9.1. The User is entitled to notify the Service Provider in writing or orally of all complaints arising in connection with the legal relationship falling within the scope of these T&C.

Customer service contacts:

Customer service address: 

Customer service opening hours: on working days, between 10 to 18 o’clock

Phone: 

Email address:

• Oral complaint. The Service Provider must immediately investigate the oral complaint and, if possible, take immediate remedial action. If the User is not satisfied with the handling of the oral complaint, the Service Provider will prepare a written report which will be sent to the User at the email address provided by the User. Thereafter, the complaint shall be deemed to be a written complaint.
• Written complaint. The Service Provider is obliged to respond in writing to complaints received in writing within thirty days. The Service Provider is obliged to give reasons for its position on the rejection of the complaint and is also obliged to inform the User in writing of the authority or conciliation board with which he can initiate proceedings with his complaint. The postal address of the competent authority or the conciliation board responsible at the registered office of the company must be provided. Further rules for handling a complaint are laid down in Act CLV of 1997 on consumer protection.

 

9.2. Other enforcement options

If a consumer dispute between the User and the Service Provider is not resolved during negotiations with the Service Provider, the User has the following legal enforcement options:

• If the User discovers an infringement of his consumer rights, he has the right to lodge a complaint with the consumer protection authority responsible at his place of residence. After assessing the complaint, the authority will decide on the conduct of the consumer protection procedure.
• If the User wishes to complain about a product or service purchased online, he can also submit his complaint via the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
• Conciliation board. For the purpose of the amicable out-of-court settlement of consumer disputes concerning the quality, safety and application of product liability rules and the conclusion and performance of the contract, the User may institute proceedings before a conciliation board assigned to the professional chamber of his place of residence. The Service Provider is obliged to participate in the proceedings of the conciliation board. In the event of a consumer complaint, you can turn to the conciliation board competent according to the registered office of the company:

The Conciliation Board (…………… Conciliation Board) 

assigned to the ……………………… Chamber of Commerce and Industry

Address: …………., phone/fax: …………….., email address: ……………….

 

9.3. Legal proceedings. The User is entitled to enforce his claim arising from the consumer dispute in a civil procedure in accordance with the Hungarian legislation in force. Unless otherwise provided by an Act, a binding legal act of the European Union or an international convention, an action brought by an undertaking against a consumer for the enforcement of a claim arising from a contractual relationship shall fall within the exclusive territorial jurisdiction of the court of the domicile in Hungary of the defendant. A choice-of-court clause shall not prevent a consumer from enforcing his contractual claim against an undertaking before the court of his own domicile or, in the absence of such, the court of his own place of residence. In the absence of exclusive territorial jurisdiction, the plaintiff may, at his own discretion and instead of the court having general territorial jurisdiction over the defendant, bring the action before the court of the domicile in Hungary or, in the absence thereof, the Hungarian place of residence of the plaintiff, if the action is for enforcing the contractual claim of a consumer against an undertaking.

10 Users of the Service

10.1 Natural persons

The Service may only be used by natural persons over 18 years of age (hereinafter referred to as “User”). Data sheets created for the display of non-natural persons (e.g., but not limited to the registration for community, business, social purposes) will be deleted by the Service Provider without further notice.

 

10.1.2 Excluded users:

10.1.2.1. If you are under 18 years of age.

Children are not eligible to use our Services and we ask that persons under the age of 18 do not provide us with personal information. Our Services are not intended for persons under 18 years of age. We do not collect or store personal information about Users that we learn are under 18 years of age. If we become aware or are notified that we have collected information from users under the age of 18, we will delete that personally identifiable information immediately.

10.1.2.2. If you have ever been convicted of a violent or sexual crime.

We do not conduct criminal background checks on Users and cannot personally identify individual Users. The Service Provider cannot be held responsible for false information provided by members. It is therefore important that the User takes certain common sense precautions when meeting a potential partner. For example, consider telling a close friend or relative about each meeting and plan a public place for your first meeting.

10.1.2.3. If you have previously been excluded from using our Services.

10.2 The Service Provider is not liable for any acts committed by a User, including any events organised by the Service Provider or other persons using the Services.

11 Other provisions

The contract shall be governed by the law of …………..

 

Should any provision of this contract become invalid in whole or in part, the remaining provisions of this contract shall remain in full force and effect.

The Service Provider has accepted / not accepted a code of ethics as binding for him.

The sample declaration of withdrawal is set out in Annex 1.

The sample guidelines for implied warranty, product warranty and guarantee can be found in Annex 2.

Annex 1 to Government Decree 45/2014 (February 26)

Directive 2011/83/EU

Sample declaration of withdrawal

(please complete and return only if you wish to withdraw from the contract)

Recipient: * 

I/We, the undersigned, hereby confirm that I/we wish to exercise my/our right to withdraw from the sales contact in respect of the product(s) or service(s): * 

Date of contract conclusion / receipt: * 

Name of buyer(s):

Address of buyer(s):

Signature of buyer(s): (only in case of a paper-based declaration)

Date

Annex 2 to Government Decree 45/2014 (February 26)

Directive 2011/83/EU

Sample guideline for implied warranty, product warranty and guarantee

1. Implied warranty

In what cases can you exercise your right to implied warranty?

In the event of defective performance by … *, you may exercise your right to implied warranty against the company in accordance with the provisions of the Civil Code.

What rights do you have on the basis of your claim for implied warranty?

You may – at your choice – make the following claims under implied warranty: 

You may request that the product be repaired or replaced unless compliance with your request is impossible or would entail disproportionately high additional costs for the company compared with compliance with another request. If you did not or could not request repair or replacement of the product, you may request a pro rata reduction of the price or you may repair or have it repaired yourself at the company’s expenses or, if all else fails, withdraw from the contract.

You may switch from your right to implied warranty to another warranty, but you must bear the cost of such switch unless there is a justification for it or the switch was made for a reason caused by the company.

How long can you exercise your right to implied warranty?

You are obliged to notify the seller immediately after detection of the defect, but at the latest 2 months after its discovery. However, it is important to note that after a limitation period of 2 years from the date of performance of the contract, you are no longer entitled to exercise your right to implied warranty. The period of limitation for second-hand products is … *, but maximum 1 year.

Against whom can you assert your claim for implied warranty?

You may exercise your right to implied warranty against the company.

What are the other conditions for exercising your right to implied warranty?

Within 6 months after performance, there are no other conditions for the enforcement of your implied warranty claim than the notification of the defect if you confirm that the product or service was provided by …. *. After the expiry of 6 months after the performance, you must prove that the defect you discovered already existed at the time of performance.

2. Product warranty

In which cases can you exercise your right to product warranty?

In case of defects of goods (products) you may – at your choice – exercise your right defined in point 1 or your right to product warranty.

What rights do you have on the basis of your claim for product warranty?

As a claim for product warranty, you can only demand the repair or replacement of the product.

In what cases is the product considered defective?

The product is defective if it does not meet the relevant quality requirements applicable at the time it is placed on the market or does not have the properties described as provided by the manufacturer.

How long can you exercise your right to product warranty?

You may exercise your right to product warranty within 2 years after the manufacturer has put the product on the market. After this period, you will lose this right.

Against whom can you assert your claim for product warranty and what are the other conditions for exercising your right to product warranty?

You can exercise your right to product warranty only against the manufacturer or distributor of the product. When asserting the product warranty, you must prove the product defects.

In which cases is the manufacturer (distributor) exempted from the obligation to provide a product warranty?

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

– the product was not manufactured or distributed in the course of their business activity, or

– the defect could not be detected at the time of placing the product on the market according to the current state of scientific or technical knowledge, or

– the defect is due to the application of a regulation or a mandatory official requirement.

For the exemption it is sufficient for the manufacturer (distributor) to prove only one of the above-mentioned causes.

It is important to note that it is not possible to exercise your right to implied warranty and product warranty at the same time for the same defect. After you have successfully exercised your right to product warranty, you may also submit your claim for implied warranty for the replaced product or repaired parts to the manufacturer.

[If the company is legally or contractually obliged to provide a guarantee, the following point 3 must also be included in the notice:]

3. Guarantee

In what cases can you exercise your right to implied warranty?

In the event of defective performance, the …* is obliged by contract/ * … * to provide a guarantee.

What rights do you have under the guarantee and within what period can you exercise these rights? * 

In which case is the company exempted from the guarantee obligation?

The company is exempted from the obligation of guarantees only if it can be proven that the defect was caused after the delivery.

It is important to note that it is not possible to exercise your right to implied warranty and guarantee or product warranty and guarantee at the same time for the same defect. However, you have the right to guarantee independently from the rights defined in point 1 and 2.