Pursuant to Government Decree 2014 (II. 26):

Right of Withdrawal/Termination

The customer has the right to withdraw from this contract without giving reasons within 14 days. Similarly, if the performance of the contract has begun in the case of a contract for the provision of services, the Customer is entitled to terminate the contract without giving reasons within 14 days.

The withdrawal/termination period expires 14 days after the day on which the Customer or a third party indicated by the Customer, other than the carrier, receives the product.

If the Customer wishes to exercise his right of withdrawal/termination, he must send a clear statement containing his intention to withdraw/terminate (e.g. by post or by electronic mail) to the following address: Portland Machinery Trading Europe Kft. 1184, Budapest, Üllői u. 312, info@portlandmachinery.com.

The customer exercises her/his right of withdrawal / termination within the deadline if she sends her statement of withdrawal / termination before the expiration of the above-mentioned deadline.

Legal effects of withdrawal/termination

If the Customer withdraws from this contract, we will immediately, but no later than within 14 days from the date of receipt of the Customer's cancellation statement, refund all compensation provided by the Customer, including the cost of transportation (except for those additional costs that arose because the Customer is the one we offered, chose a transport method other than the cheapest usual transport method.) During the refund, we use the same payment method as the payment method used during the original transaction, unless the Customer expressly consents to the use of another payment method; due to the application of this refund method, the Customer will not be charged any additional costs. We can withhold the refund until we have received the product back.

The service provider is only obliged to take back the product if the Customer returns it in its original packaging, undamaged. If the buyer has already used the product and cannot return it to the seller in complete packaging and undamaged, the seller may refuse to accept it or charge the buyer for the loss of value resulting from use.

The customer is obliged to return or hand over the product to us without undue delay, but no later than 14 days from the date of communication of his statement of withdrawal. The deadline is considered met if you send the product before the 14-day deadline. The customer can only be held responsible for the decrease in value of the product if it occurred due to use exceeding the use necessary to determine the nature, properties and operation of the product.

Warranty, guarantee

45/2014 on accessory warranty, product warranty and warranty. (II. 26.) Based on a government decree

In what cases can the Customer exercise her/his accessory warranty right?

In the event of defective performance, the customer may assert a warranty claim against the Service Provider in accordance with the rules of the Civil Code.

What rights are you entitled to based on your warranty claim

The customer - according to her/his choice - can make use of the following accessory warranty claims:

You can request a repair or replacement, unless the fulfillment of the request chosen by the Customer is impossible or would involve disproportionate additional costs for the company compared to the fulfillment of another request. If you did not or could not ask for the repair or replacement, you can request a proportional delivery of the compensation, or the Customer can repair the defect at the company's expense, or have it repaired by someone else, or - in the last case - withdraw from the contract.

You can transfer from your chosen accessory warranty right to another, but the cost of the transfer will be borne by the Customer, unless it was justified or the company provided a reason for it.

What is the time limit for the Customer to assert her/his accessory warranty claim

The customer is obliged to notify the defect immediately after its discovery, but no later than within two months from the discovery of the defect. At the same time, we would like to draw your attention to the fact that you can no longer assert your accessory warranty rights beyond the two-year limitation period from the completion of the contract. In the case of a used item, this deadline is 3 days, but a maximum of one year.

Against whom can the Customer assert her/his accessory warranty claim?

The customer can enforce her/his accessories warranty claim against the company.

What other conditions are there for asserting your accessory warranty rights?

Within six months from the date of delivery, there is no other condition for validating the accessory warranty claim, apart from the notification of the defect, if the Customer proves that the product or service was provided by the Service Provider. However, after six months from the date of performance, the Customer is obliged to prove that the defect recognized by the Customer was already present at the time of performance.

In what cases can the Customer exercise her/his product warranty right?

In the event of a defect in a movable object (product), you may - at your choice - enforce your right defined in point 1 or a product warranty claim.

What rights does the Customer have based on her/his product warranty claim?

As a product warranty claim, the Customer may only request the repair or replacement of the defective product.

In which case is the product considered defective?

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

In what time frame can the Customer assert her/his product warranty claim?

The Customer may assert a product warranty claim within two years of the product being placed on the market by the manufacturer. After this deadline, you will lose this right.

Against whom and under what other conditions can you enforce your product warranty claim?

You can only exercise your product warranty claim against the distributor of the movable item. The Customer must prove the defect of the product in the event of a product warranty claim.

In which case is the distributor exempt from product warranty obligations?

The distributor is only released from its product warranty obligation if it can prove that:

– the product was not manufactured or marketed as part of its business activities, or

- the defect was not recognizable according to the state of science and technology at the time of placing it on the market or

- the defect of the product results from the application of legislation or mandatory official regulations.

It is sufficient for the distributor to prove one reason for exemption.

Please note that due to the same defect, you cannot assert an accessory warranty claim and a product warranty claim at the same time, parallel to each other. However, if your product warranty claim is successfully asserted, you can assert your accessory warranty claim for the replaced product or repaired part against the manufacturer.

We guarantee our machines for 12 months. In the event of a malfunction, you will be informed of what to do in person or by phone at any of the service centers listed in the warranty letter, and we will also provide information on one of our contact details. See also: 151/2003. Government decree. PTK's warranty, accessory warranty, and product warranty rules.

When is the company released from its warranty obligation?

The warranty only applies to factory defects existing at the time of purchase. The Service Provider does not assume responsibility for non-factory errors that occur during use, but provides the service to the Customer with the obligation to pay a fee.

The company is exempted from warranty obligations only if it proves that the cause of the defect arose after performance.

I draw your attention to the fact that due to the same defect, you cannot assert a claim for accessory warranty and warranty, or a claim for product warranty and warranty at the same time, in parallel with each other, but otherwise you are entitled to the rights arising from the warranty regardless of the rights defined in points 1 and 2

Exceptions to the Customer's right of withdrawal and termination

45/2014. (II. 26.) his right according to § 20 of Government Decree

- with regard to a product or service whose price or fee depends on the possible fluctuation of the financial market, which cannot be influenced by the company, even during the deadline specified in § 20, subsection (2)

– covers services or products offered in addition to requested services and replacement parts used to perform maintenance or repair.

 Cancellation in case of pre-order/order of goods not kept in stock to be purchased by the service provider

The service provider indicates in the product description that the purchase of a given product is made only by order. In this case, canceling the purchase after starting it causes costs and an increase in inventory for the Service Provider, in which case the following points are relevant:

    The Customer must notify the Service Provider specifically, on a durable data medium, of its request for the Customer to start the performance of the contract for the provision of the service before the deadline according to § 20, paragraph (2) expires.
    The Customer is obliged to expressly inform the contractor of her/his request that the Service Provider begin the performance of the contract for the provision of the service before the deadline according to Section 20 (2) expires.

If the Customer in accordance with 1.18.1 or 1.18.2 terminates the contract after the start of performance, the amount to be paid proportionately by the consumer during the settlement shall be calculated based on the total amount of the consideration established in the contract increased by tax. However, if the Customer proves that the total amount is excessively high, the proportional amount must be calculated based on the market value of the services performed up to the date of termination of the contract.

45/2014. (II.26.) Government Decree 1.16, 1.17. Paragraph concerning points 18, quote:

9. The consumer's right of withdrawal and termination

    (1) In the case of a contract concluded outside the business premises and concluded between those who are absent, the consumer has the right to withdraw without reason within the time limit specified in paragraph (2). In the case of a contract concluded outside the business premises and concluded between persons who are absent, which is aimed at the provision of services, if performance begins after the declaration in accordance with § 13 or § 19, the consumer has the right to terminate without reason within the deadline specified in paragraph (2) .

(2) The consumer's right of withdrawal or termination according to paragraph (1).

a) in the case of a contract for the sale of a product

aa) the product,

ab) when buying and selling several products, if each product is delivered at a different time, to the last delivered product,

ac) in the case of a product consisting of several lots or pieces, the last supplied lot or piece,

ad) if the product must be supplied regularly within a specified period, the first service,

from the date of receipt by the consumer or a third party indicated by her/his, other than the carrier;

b) in the case of a contract for the provision of services, from the date of conclusion of the contract

you can exercise it within fourteen days.

(3) The provisions of point a) of paragraph (2) do not affect the consumer's right to exercise the right of withdrawal specified in this section during the period between the date of conclusion of the contract and the date of receipt of the product.

    (1) If the enterprise has not fulfilled its obligation to provide information specified in Section 11, Paragraph (1), point i), the cancellation deadline specified in Section 20, Paragraph (2) shall be extended by twelve months.

(2) If the business has provided the consumer with the information specified in subsection (1) within twelve months of the expiration of the deadline specified in subsection (2) of Section 20, the deadline for withdrawal or termination expires on the fourteenth day from the date of communication of this information.

    (1) The consumer has her/his right guaranteed in § 20

a) using the sample declaration in Annex 2; obsession

b) by means of a clear declaration to this effect

(2) The business may also provide the consumer with the exercise of the right defined in § 20 in accordance with subsection (1) on its website. In this case, the company will immediately confirm the receipt of the consumer statement on a durable data medium

(3) The right specified in § 20 shall be considered asserted within the deadline if the consumer sends his statement before the deadline specified in § 20, subsection (2) or § 21 expires.

4) The consumer bears the burden of proving that she/he has exercised the right defined in § 20 in accordance with this §.

    (1) If, in accordance with § 22, the consumer withdraws from a contract concluded off-premises or concluded between absentees, the business shall refund the entire amount paid by the consumer as consideration, including the costs incurred in connection with performance.

(2) In the case of withdrawal or termination in accordance with § 22, the company will refund the amount due to the consumer in the same manner as the payment method used by the consumer. Based on the express consent of the consumer, the company may use another payment method for the refund, but the consumer may not be charged any additional fees as a result.

(3) If the consumer specifically chooses a mode of transport other than the least expensive usual mode of transport, the company is not obliged to reimburse the resulting additional costs

(4) In the case of a contract for the sale of a product, the company may withhold the amount specified in paragraph (1) until the consumer has returned the product or has proven beyond doubt that he has returned it; of the two, the earlier date must be taken into account. The company does not have the right of retention if it has agreed to transport the product back itself.

    (1) If, in accordance with § 22, the consumer withdraws from a contract concluded off-premises or concluded between absentees, he must return the product immediately, but no later than fourteen days from the notification of withdrawal, or return the product to the company or the company hand it over to a person authorized to receive it, unless the company has agreed to transport the product back itself. The return is deemed completed within the deadline if the consumer sends the product before the deadline.

(2) The consumer bears only the direct cost of returning the product, unless the company has undertaken to bear this cost.

(3) If the product was shipped to the consumer at the same time as the contract was concluded outside the business premises, the company will ship the product back at its own expense if, due to its nature, it cannot be returned by mail.

    The consumer is only responsible for depreciation resulting from use that exceeds the use necessary to determine the nature, properties and operation of the product. The consumer is not responsible for the decrease in value if the business has not fulfilled its obligation to provide information prescribed in point i) of paragraph 11 of § 11.
    (1) If, in the case according to § 13 or § 19, the consumer terminates the contract concluded off-premises or between absent parties after the start of performance, the amount to be paid proportionately by the consumer during settlement shall be based on the total amount of the consideration established in the contract plus tax to calculate. However, if the consumer proves that the total amount is excessively high, the proportional amount must be calculated based on the market value of the services performed up to the date of termination of the contract.

(2) In the application of this section, when determining the market value, the consideration value of the same service of the enterprises performing the same activity at the time of the conclusion of the contract shall be taken into account.

    The consumer does not bear the following costs when exercising her/his right according to § 20:

a) the full or partial costs of fulfilling the contract for the provision of services, if

aa) the enterprise has not complied with its obligation to provide information prescribed in points i) or k) of Section 11 (1), or

ab) the consumer did not request the start of the performance of the service according to § 13 and § 19 before the end of the deadline specified in § 20 (2);

b) the full or partial costs of the service of digital data content provided on a non-physical data carrier, if

ba) the consumer has not given his express, prior consent for the performance to begin before the end of the deadline specified in Section 20 (2),

bb) at the same time as giving her/hus consent according to point ba), the consumer did not declare that she is aware that she loses her right according to § 20 by giving her consent, or

bc) the enterprise failed to provide the confirmation required in § 12, paragraph (2) or § 18.

    The consumer, in connection with the exercise of his right according to § 20, in paragraph (3) of § 23, as well as § 24-26. You are not charged with any additional costs or other obligations beyond those specified in §.
    (1) A fogyasztó nem gyakorolhatja a 20. § szerinti jogát

a) in the case of a contract for the provision of a service, after the completion of the service as a whole, if the company began the performance with the express, prior consent of the consumer, and the consumer has acknowledged that he loses his right of termination after the completion of the service as a whole;

- with regard to a product or service whose price or fee depends on the possible fluctuation of the financial market, which cannot be influenced by the company, even during the deadline specified in § 20, subsection (2)

c) in the case of a non-pre-manufactured product that was produced based on the instructions or at the express request of the consumer, or in the case of a product that was clearly tailored to the consumer;

d) with respect to a perishable product or a product that retains its quality for a short time;

e) with regard to a product with closed packaging, which cannot be returned after being opened after delivery for reasons of health protection or hygiene;

f) with regard to a product which, due to its nature, is inseparably mixed with another product after delivery;

g) with regard to an alcoholic beverage, the actual value of which depends on market fluctuations in a way that the company cannot influence, and the price of which was agreed upon by the parties when concluding the sales contract, but the performance of the contract only takes place after the thirtieth day from the conclusion of the contract;

h) in the case of a business contract where the business visits the consumer at the express request of the consumer in order to carry out urgent repair or maintenance work;

i) with regard to the sale and purchase of audio and video recordings in sealed packaging, as well as copies of computer software, if the consumer has opened the packaging after delivery;

j) with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;

k) in the case of contracts concluded at a public auction;

l) with the exception of housing services, in the case of a contract for the provision of accommodation, transport, car rental, catering or services related to leisure activities, if a deadline or deadline for performance defined in the contract has been agreed;

m) with regard to digital data content provided on a non-material data carrier, if the business has started performance with the express, prior consent of the consumer, and the consumer has declared at the same time as this consent that he/she will lose his/her right according to § 20 after the start of performance.

(2) In the case specified in point h) of subsection (1), the right according to § 20 extends to services or products offered in addition to the services specifically requested by the consumer and the replacement parts used for maintenance or repair.

    (1) If a supplementary contract is also connected to a contract concluded off-premises or a contract concluded between absentees, the exercise of the consumer's right according to § 20 also dissolves or terminates the supplementary contract.

(2) The consumer is not obliged to compensate the company for the damage resulting from the termination or termination of the ancillary contract, and other costs in connection with the termination or termination of the contract - in paragraph (3) of Section 23, as well as in Sections 24-26. Except for the cases specified in § - it cannot be claimed.

(3) The business is obliged to immediately notify the third-party contracting party participating in the ancillary contract of the consumer's withdrawal or termination.

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