The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 6:157 to 6:178 of Polgári Törvénykönyvről szóló 2013. évi V. törvény, i.e. the Hungarian Civil Code – Ptk., Chapter XXIV. Hibás teljesítés).
The Buyer is entitled to exercise the right arising from a defect that occurs in the goods within the period stipulated by law, i.e. fourteen days from receipt.
The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that, at the time when the Buyer received the goods, (1) the goods have the characteristics agreed by the parties and, in the absence of an agreement, they have such characteristics as the Seller or the manufacturer described or as the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them, (2) the goods are fit for the purpose which the Seller states for their use or for which goods of this kind are usually used, (3) the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen, (4) the goods are in the corresponding quantity, measure or weight, and (5) the goods comply with the requirements of the legal regulations.
If a defect manifests itself within 14 days of receipt, the goods are deemed to have been defective already upon receipt.
The Buyer exercises the rights arising from defective performance with the Seller. The moment at which the complaint is lodged is deemed to be the moment when the goods were delivered to the address designated by the Buyer. Unless otherwise stipulated, such place is the address of the sender of the goods, i.e. ORIGINAL GALLERY.
When exercising the right arising from defective performance, the Buyer is obliged to prove the conclusion of the purchase contract. The Buyer is obliged to notify the Seller of the defect, i.e. to provide a description of the defect of the goods on account of which they are making the complaint.
The Buyer is not entitled to the right arising from defective performance if, before taking over the item, the Buyer knew that the goods had a defect, or if the Buyer caused the defect themselves.
The Operator is obliged to inform the Buyer that the complaint has been settled and in what manner, namely to the address which they provided when making the complaint or via other contact details by which it will be possible to notify the Buyer of the settlement of the complaint. In this notification, the Operator shall state the time limit for collecting the goods subject to the complaint.
In the event that the Buyer does not collect the goods subject to the complaint within the time limit set by the Operator, the Operator is entitled to charge a reasonable storage fee or to sell the goods on the Buyer's account by way of self-help. The Operator must notify the Buyer of this procedure in advance and provide them with a reasonable additional time limit for taking over the goods.