Terms & Conditions

www.enigmaembroidery.com

Date of entry into force: 20.05.2022

Introduction:

Please read our General Terms and Conditions carefully, as you accept the General Terms and Conditions of our Company by placing your order!

If you have any questions regarding the use of our webshop, the purchase process, our products or our General Terms and Conditions, you can contact our Company at the following contacts:

Our company details:

Company : Uniqma Kft.

Registered office : Hungary, 9030 Győr, Szakajtós str. 11.

Postal address : Hungary, 9030 Győr, Szakajtós str. 11.

Tax number26724403-01-08

Company bank account number: 10404072-50526854-72541004

Name of representative : Riani Van Tonder

Website address:  www.enigmaembroidery.com

Email address:  info@enigmaembroidery.com

 

Details of the hosting provider:  Center Webhost Kft.,  Hungary 1173 Budapest, Borsó str. 12-32. ( 28746650-1-42)

Concepts:

Parties : Seller and Consumer / Business together

Consumer : an adult natural person over the age of 18 acting outside his / her economic activity or profession

Consumer contract : a contract in which one of the subjects qualifies as a Consumer

Warranty : in the case of a consumer contract according to the Civil Code

  • beyond the statutory obligation or the voluntary guarantee for the proper performance of the contract
  • mandatory warranty based on law

Contract : Concluding a sales contract between the Seller and the Consumer / Business using the webshop and e-mail 

Absentee contract : a contract for the purchase of a product or the provision of a service which is the subject of a contract and which is concluded within the framework of a distance selling system without the simultaneous physical presence of the parties, using a means of communication between the parties

Means of communication : a means of making a contractual statement in the absence of the parties, e.g. internet access device, form, catalog, telephone

Product : marketable movable property in the stock of our webshop, intended for sale, subject to a contract

Enterprise : a person acting in the course of his economic activity or profession

Webshop : our webshop, where the conclusion of the contract takes place

Relevant legislation:

  • 1997 CLV. Act on Consumer Protection
  • 1997 LXXVI. Copyright Act
  • CVIII of 2001 Act on Certain Issues in Electronic Commerce Services and Information Society Services
  • 151/2003. (IX.22.) On the mandatory guarantee for durable goods
  • 2011 CXX. Act on the Right to Information Self-Determination and Freedom of Information
  • Act V of 2013 on the Civil Code
  • 19/2014 (IV.29.) Of the NGM on the rules of procedure for the handling of warranty and guarantee claims for items sold under a contract between a consumer and a business
  • 45/2014. (II.26.) On the detailed rules of contracts between the Consumer and the business
  • European Parliament and Council 2016/679 of 27 April 2016 on the processing and protection of personal data of natural persons and on the free movement of such data, and repealing Regulation (EC) No 95/46, ie the General Data Protection Regulation
  • Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on taking action against unjustified area-based content restrictions and other forms of discrimination based on the consumer’s nationality, place of residence

2006/2004 / EC and Regulation (EU) 2017/2394 amending Directive 2009/22 / EC 

Scope and acceptance of GTC:

In addition to the relevant legislation, the content of the contract to be concluded is also regulated by our General Terms and Conditions. Within this framework, we summarize the rights and obligations of you and us, the conditions of concluding the contract, the conditions of payment or delivery, the deadlines, the rules related to liability, and the conditions of exercising the right of withdrawal.

By placing your order, you accept the General Terms and Conditions of our Company, which belong to the contract to be concluded.

Language and form of the contract:

The language of the contract is English.

The contract is concluded by placing the order, by accepting our General Terms and Conditions.

Prices:

Prices are in Dollar. The prices  include VAT. We reserve the right to change the price.

Complaints handling and enforcement options:

The Consumer may send us his complaints regarding the product or the activities of our Company at the following contact details:

  • Email address: info@enigmaembroidery.com

The Consumer  may communicate his complaint to our Company primarily in writing. The complaint may relate to the behavior, work, or omission of a person acting on behalf of our Company, which is directly related to the distribution or sale of the product.

Our company will respond in writing to the written complaint within 30 days of receipt. If the complaint is rejected, our company is obliged to justify its position. 

The record of the complaint must include:

  • The place, method and time of submitting the complaint
  • Consumer’s name, address, contact information
  • A detailed description of the consumer complaint, as well as a list of documents, records and evidence
  • A statement of our company’s position regarding the Consumer Complaint, if its immediate investigation can be resolved
  • Place and time of recording
  • The signature of the person taking the minutes and the signature of the Consumer – the latter in case the oral complaint is communicated in perso

Our company keeps the record of the complaint and a copy of our response for 5 years, and presents it at the request of the inspection authority.

Our company will inform the Consumer in writing if it rejects the complaint, which authority or Conciliation Body may initiate the procedure with its complaint. The information includes the registered office, mailing address, contact details (website, e-mail, telephone number) of the competent authority and the Conciliation Board of the Consumer’s place of residence / stay, as well as the position of our Company regarding the use of the Conciliation Board procedure for settling consumer disputes.

In the event that the legal dispute between our Company and the Consumer is not settled through negotiations, the Consumer may have additional legal enforcement options:

Consumer Protection Authority Procedure:

In the event of a breach of consumer rights, the Consumer is entitled to lodge a complaint with the Consumer Protection Authority competent for his or her place of residence. The authority decides on the conduct of the Consumer Protection Procedure after the complaint has been dealt with. The first-instance official duties are performed by the district offices. Contact:  http://jarasinfo.gov.hu/

Judicial proceeding:

Within the framework of civil proceedings, the Consumer is entitled to enforce his claim arising from the legal dispute in court in accordance with Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure. according to the provisions of the law.

Conciliation Board Procedure:

You have the right to apply to the Conciliation Body competent for your place of residence / stay if your Consumer complaint is rejected. The condition for initiating the procedure is that the Consumer Company attempts to settle the dispute directly with our Company.

In the Conciliation Board proceedings, our Company has a duty to cooperate. Based on this, our Company is obliged to  send a reply at the request of the Conciliation Board, to appear at the hearing before the Conciliation Board and to ensure the participation of the person authorized to enter into an agreement.

If the registered office / site of our Company is located outside the county according to the chamber operating the conciliation body, the Company’s obligation to cooperate extends to the possibility of concluding an appropriate written agreement with the Consumer’s demand.

If we do not comply with our above obligation to cooperate, the Consumer Protection Authority will have jurisdiction over the matter, according to which a mandatory fine is in force for the infringing conduct of the companies, this cannot be waived.

The amount of the fine may range from HUF 15,000 to HUF 500,000 for small and medium-sized enterprises and from HUF 15,000 to 5% of the company’s annual net sales, up to a maximum of HUF 500 million, for large companies with an annual net turnover of over HUF 100 million.

The Consumer may request the initiation of Conciliation Board proceedings. The application must be sent in writing (by letter, fax, telegram, or on the website of the Conciliation Board, in electronic form) to the chairman of the Conciliation Board.

The application must include:

  • Consumer’s name, place of residence / contact information
  • Name, registered office / site of the company involved in the consumer dispute
  • Consumer position and related evidence and facts
  • A statement from a consumer that he has attempted to resolve the dispute directly with the business concerned
  • Consumer’s statement that he has not initiated any other Conciliation Board proceedings in the case, has not initiated mediation proceedings, has not filed a claim, has not submitted an application for the issuance of a payment order
  • Motion for a decision of the Board
  • Consumer signature
  • If the Consumer has applied for a different jurisdiction than the competent Conciliation Body, the

In any case, it is necessary to attach to the application the document or a copy of the document to which the Consumer refers as evidence (the written statement of the company rejecting the complaint, if this is not available, the written evidence of the Consumer attempting to reconcile).

If a proxy is acting on the complaint, the power of attorney issued by the Consumer must be attached to the application.

More information about the Conciliation Bodies:  http://www.bekeltetes.hu

For more information on the territorially competent Conciliation Bodies:

https://bekeltetes.hu/index.php?id=testuletek

 

Contact details of the territorially competent Conciliation Bodies:

Baranya County Conciliation Board 

Address: 7625 Pécs, Majorossy I. u. 36. 

Telephone number: 06-72 507-154

Fax: 06-72 507-152

E-mail address: abeck@pbkik.hu, mbonyar@pbkik.hu

 

Bács – Kiskun County Conciliation Board

Address: 6000 Kecskemét, Árpád krt. 4.

Phone numbers: 06-76 501-500, 06-76 501-525, 06-76 501-523

Fax: 06-76 501-538

E-mail address: bekeltetes@bacsbekeltetes.hu, mariann.matyus@bkmkik.hu

Website: www.bacsbekeltetes.hu

 

Békés County Conciliation Board 

Address: 5600 Békéscsaba, Penza ltp. 5. 

Telephone number: 06-66 324-976

Fax: 06-66 324-976

E-mail address: eva.toth@bmkik.hu

 

Borsod – Abaúj – Zemplén County Conciliation Board

Address: 3525 Miskolc, Szentpáli u. 1.

Phone number: 06-46 501-091, 06-46 501-870

Fax: 06-46 501-099

E-mail address: kalna.zsuzsa@bokik.hu

 

Budapest Conciliation Board

Address: 1016 Budapest, Krisztina krt. 99. III. em. 310. 

Telephone number: 06-1 488-2131

Fax: 06-1 488-2186

E-mail address: bekelteto.testulet@bkik.hu

 

Csongrád County Conciliation Board 

Address: 6721 Szeged, Párizsi krt. 8-12. 

Phone number: 06-62 554-250 / 118

Fax: 06-62 426-149

E-mail address: bekelteto.testulet@csmkik.hu

 

Fejér County Conciliation Board

Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.

Phone number: 06-22 510-310

Fax: 06-22 510-312

E-mail address: fmkik@fmkik.hu

 

Győr -Moson- Sopron County Conciliation Board 

Address: 9021 Győr, Szent István út 10 / a. 

Phone number: 06-96 520-217

Fax: 06-96 520-218

E-mail address: bekeltetotestulet@gymskik.hu

 

Hajdú -Bihor M Conciliation Board 

Address: 4025 Debrecen, Vörösmarty u. 13-15. 

Phone number: 06-52 500-710

Fax: 06-52 500-720

E-mail address: korosi.vanda@hbkik.hu

 

Heves County Conciliation Board 

Address: 3300 Eger, Faiskola út 15. 

Phone number: 06-36 429-612

Fax: 06-36 323-615

E-mail address: hkik@hkik.hu

 

Jász -Nagykun- Szolnok County Conciliation Board

Address: 5000 Szolnok, Verseghy park 8. III. floors 305-306.

Phone number: 06-56 510-621, 06-20 373-2570

Fax: 06-56 510-628

E-mail address: bekeltetotestulet@jnszmkik.hu

 

Komárom – Esztergom County Conciliation Board

Address: 2800 Tatabánya, Fő tér 36. 

Telephone number: 06-34 513-027

Fax: 06-34 316-259

E-mail address: szilvi@kemkik.hu

 

Nógrád County Conciliation Board

Address: 3100 Salgótarján, Alkotmány út 9 / A. 

Phone number: 06-32 520-860

Fax: 06-32 520-862

E-mail address: nkik@nkik.hu

 

Pest  County Conciliation Board

Address: 59-61, Etele út, Budapest. II. floor 240.

Mailing address: 1364 Budapest, Pf .: 81. 

Telephone number: 06-1 269-0703

Fax: 06-1 474-7921

E-mail address: pmbekelteto@pmkik.hu

 

Somogy County Conciliation Board 

Address: 7400 Kaposvár, Anna u. 6. 

Phone number: 06-82 501-026

Fax: 06-82 501-046

E-mail address: skik@skik.hu

 

Szabolcs – Szatmár – Bereg County Conciliation Board

Address: 4400 Nyíregyháza, Széchenyi u. 2. 

Telephone number: 06-42 311-544

Fax: 06-42 311-750

E-mail address: bekelteto@szabkam.hu

 

Tolna County Conciliation Board

Address: 7100 Szekszárd, Arany J. u. 23-25. III. floor

Phone number: 06-74 411-661

Fax: 06-74 411-456

E-mail address: kamara@tmkik.hu

 

Vas County Conciliation Board

Address: 9700 Szombathely, Honvéd tér 2. 

Telephone number: 06-94 312-356

Fax: 06-94 316-936

E-mail address: vmkik@vmkik.hu

 

Veszprém County Conciliation Board

Address: 8200 Veszprém, Radnóti tér 1st floor 116. 

Phone number: 06-88 429-008

Fax: 06-88 412-150

E-mail address: bekelteto@veszpremikamara.hu

 

Zala County Conciliation Board 

Address: 8900 Zalaegerszeg, Petőfi u. 24. 

Telephone number: 06-92 550-513

Fax: 06-92 550-525

E-mail address: zmbekelteto@zmkik.hu

 

Online dispute resolution platform:

After registering a consumer on the website set up by the European Commission, the consumer can settle their online shopping disputes without going to court by completing the application on the site. This is also a way to enforce Consumer Rights without distance restrictions.

You may file a complaint about a product / service purchased online.

Together with this online dispute resolution platform, you and the company you are complaining about have the opportunity to choose which dispute resolution body to entrust with handling your complaint.

The online dispute resolution platform is available  at:

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

Copyrights:

Our website is a copyright work in accordance with Act LXXVI of 1999 on Copyright. law

  1. § (1), each part is protected by copyright. The unauthorized use of images, text, software and graphics on our website, as well as the use of malicious applications that modify our website, is prohibited pursuant to Section 16 (1) of the same Act. Please note that the retrieval of materials, images, videos and texts from our website and our database is only possible with the written consent of the copyright holder (Uniqma Kft. ), provided that the source is acknowledged.

Partial invalidity and code of conduct:

In the event that a clause of our General Terms and Conditions is legally incomplete / invalid, the provisions of the applicable law shall prevail. The rest of the contract is still valid.

Our company does not have a code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.

Technical security measures and operation of digital data content:

The servers that provide the data displayed on our website have an availability of over 99.9% / year. The entire data content is saved continuously, and at regular intervals, in the event of a problem, the original data can be restored. The data that appears on our website is stored in a MySQL or MSSQL database. Due to their sensitive nature, this data is stored with strong encryption and hardware support built into the processor.

Product features:

The description of the properties of the products intended for sale on our website can be found on the page for that product.

Correction of data entry errors and responsibility for the accuracy of the data:

During the ordering process, before confirming the order, you have the opportunity to modify and correct the data provided by you. You are responsible for the accuracy of the information you provide. Based on this information, we will issue an invoice and deliver your product (s) to the address indicated as the shipping address. By placing your order, you acknowledge that our Company is entitled to pass on to you any damages or costs resulting from the information you have provided incorrectly. Our company disclaims any responsibility for performance due to incorrect data entry. Due to the saturation of the required e-mail address or mailbox, the confirmation is considered undeliverable, thus (preventing) the performance of the contract.

Procedure in case of incorrect price:

Our company excludes its liability in spite of all due diligence, as well as for the obviously incorrectly indicated price resulting from the failure of the IT system.

The following are considered to be obviously incorrectly quoted prices:

  • $0
  • Price indicating the discount incorrectly (eg: Original price of the product: $3, discount: 20%, discounted price: $1, since in this case the correct price should be $2.4 correctly)

If an incorrect price is indicated, our company will inform you about the case and offer you the opportunity to buy the product at the right price, so you can either order the product at the right price or cancel the purchase without consequences.

Using our webshop:

Our webshop provides the User with the presentation of the products (products with pictures, descriptions, prices on the website) and the option of ordering online. You can browse our website in a menu system. You will find the products organized by category. By clicking on the name of each category, they will appear in it

products included. From the list page, you can find a detailed description of the product by clicking on the product name. You can also search by keyword in our webshop.

If you want to buy a product, you can do so (if you want more, by setting the number of pieces, then) by clicking on the cart button. You can view and check the products in your cart using View Cart. Here you have the option to change the quantities or delete products. Clicking to empty the Cart will delete the entire contents of the Cart.

During the ordering process, the User must select the preferred method of payment. Immediately before confirming the order, the User can check the correctness of the data, the products to be ordered and their quantity on the Order Summary page.

Order finalization:

If everything is OK, you can click “Submit Order” to finalize your order, which will be confirmed on our website and by email. In the event that the confirmation email notices that you have entered incorrect information, please notify us immediately within 24 hours.

The information on our website does not constitute an offer to enter into a contract with our Company. The bidder is you.

Order processing and concluding the contract:

You can place your order at any time on our webshop. You will receive an automatic confirmation of your order, which is the receipt of your order. If you do not receive an automatic confirmation email within 24 hours of placing your order, please let us know as there may be a technical problem, it is possible that we did not receive your order.

 Payment methods:

Credit  and Debit card payment with Paypal

Online credit card payments are made through Paylike’s system. Credit card details will not be sent to the merchant.  

Completion date:

The delivery time is about 1 working days from the confirmation of the order. Delivery time means that amount of time the customer can download the digital product.

Foreign sales:

Our company provides worldwide possibility to purchase.

Purchases outside Hungary are also governed by our General Terms and Conditions. The consumer in this case is an adult national of a Member State or a natural person residing outside his economic activity or profession. An undertaking is a person established in a Member State who purchases a product or services within the European Union and who is engaged in an economic activity or profession.

The primary language of communication and shopping is English. Our company is not obliged to  communicate in the language appropriate to the Member State of the Consumer.

Our company is not obliged to comply with the non-contractual requirements specified in the national law of the Member State of the foreign Consumer / Business in connection with the product concerned.

Foreign Consumers / Businesses may exercise their right of enforcement in accordance with our General Terms and Conditions.

In case of online payment, the payment is made in the currency specified by our Company. Our company may delay the delivery of the product until assure the purchase price has been successfully paid. If the purchase price has not been paid in full, our Company will draw the attention of the Consumer / Business to supplement the purchase price.

Consumer information on 45/2014. (II. 26.) Government Decree:

Information on the Consumer’s right of withdrawal:

As a consumer, the Civil Code. 8: 1. Pursuant to Section 1, Clause 3, only a natural person acting outside the scope of his or her profession, independent occupation or business activity qualifies, according to which legal persons may not exercise the right of withdrawal without giving reasons!

The Consumer is regulated by 45/2014. (II. 26.) gives the right of withdrawal without justification. The Consumer may exercise the right of withdrawal in the case of a contract for the sale of the product within 14 days from the date of receipt of the product.

The Consumer may also exercise the right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.

If the Consumer has made an offer to  conclude the contract, he has the right to withdraw the offer before concluding the contract, which removes the obligation to conclude the contract.

Withdrawal statement, Consumer’s right of withdrawal and termination:

A 45/2014. (II. 26.) may be exercised by the Consumer through the relevant declaration.

Validity of consumer withdrawal statement:

We consider the right of withdrawal to be valid at the deadline if the Consumer sends the statement to us within the deadline (14 days).

The burden of proving that he has exercised his right of withdrawal in accordance with this provision shall be on the Consumer.

Upon receipt of the Consumer’s statement of withdrawal, our company electronically confirms to the Consumer the fact of exercising the right of withdrawal or acknowledging it.

Obligation of our company in case of withdrawal of the Consumer:

Our company’s obligation to refund:

If the Consumer in 45/2014. (II. 26.) of the Government, our company will refund the full amount paid by the Consumer, including the costs related to the performance, as the delivery fee within 14 days of becoming aware of the withdrawal. Please note that this provision does not apply to additional costs caused by choosing a mode of transport other than the usual, less expensive mode of transport.

The method of our company’s refund obligation :

A 45/2014. (II. 26.) of the Government,  our company will refund the amount returned to the Consumer in the  same way as the payment method used by the Consumer. If approved by the Consumer, our Company may use another payment method for the refund, however, the Consumer may not be charged an additional fee. Our Company shall not be liable for any delay due to a bank account number or postal address provided incorrectly by the Consumer.

Additional costs:

If the Consumer chooses a delivery method other than the usual, less expensive delivery method, our Company is not obliged to reimburse the resulting additional cost. In this case, we are obliged to refund up to the general shipping rates indicated.

Right of retention:

Our company may withhold the amount returned to the Consumer until the Consumer has returned the product or clearly confirmed that it has been returned. We do not accept packages sent by cash on delivery or postage.

In case of withdrawal / termination of the consumer’s obligations:

Product return:

If the Consumer in 45/2014. (II. 26.) of the Government Decree, he is obliged to return the product immediately, but no later than within 14 days from the notification of the withdrawal, or to hand it over to the person authorized by our Company to receive the product. The return is considered to have been completed on time if the Consumer sends the product before the deadline.

Cost of returning the product:

The cost of returning the product is borne by the Consumer. The product must be returned to our company’s address. If the Consumer terminates the contract after the commencement of performance, he is obliged to pay a fee to our Company in proportion to the service provided by the time the notice is given to the company. The amount to be paid proportionally by the Consumer shall  be determined on the basis of the total amount of the consideration established in the contract, plus tax. If the Consumer proves that the amount so determined is too high, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. We do not accept packages sent by cash on delivery or postage.

Consumer liability for depreciation:

The Consumer is responsible for the depreciation resulting from the use in excess of the use required to determine the nature, properties and operation of the product.

The right of withdrawal shall not be exercised in the following cases:

Please note that you may not exercise your right of withdrawal under 45/2014 (II.26.)

Government Decree § 29. In the cases referred to in paragraph 1:

  • In the case of an alcoholic beverage, the fair value of which is beyond the control of our Company, depends on market price fluctuations and the price of which was agreed upon by the parties at the time of concluding the sales contract, but the contract will be performed only after the 30th day of conclusion.
  • In the case of a product or service that cannot be influenced by our company and is subject to money market price fluctuations during the period specified for the exercise of the right of withdrawal
  • In the case of newspapers, periodicals, periodicals, except subscription contracts
  • By its nature, in the case of a product which is inseparably mixed with another product after delivery
  • With the exception of dwelling services, in the case of a contract for the provision of accommodation, car hire, transport, catering, a service contract for a leisure activity, if a performance date / time limit specified in the contract has been set
  • In the case of the sale or purchase of computer software in a sealed package, if the Consumer has opened the package after the delivery
  • In the case of a non-prefabricated product which has been manufactured in accordance with the consumer’s instructions or at his request, or in the case of a product which has been customized for the consumer
  • In the case of digital data content provided on non-tangible data carriers, if our Company has started the performance with the express prior consent of the Consumer and the Consumer has stated at the same time that he / she acknowledges that he / she loses his / her right of withdrawal after the start of the performance
  • In the case of contracts awarded by public auction
  • In the case of a perishable or short-lived product
  • In the case of a contract for the provision of a service, after the performance of the entire service, if our Company has started the performance with the express prior consent of the Consumer and the Consumer acknowledges that he loses his right of termination after the performance of the entire service
  • In the case of a business contract in which our Company visits the Consumer at the express request of the Consumer for the purpose of performing urgent repair / maintenance work
  • In the case of a sealed product which, for reasons of health protection or hygiene, cannot be returned after opening after delivery

Supplies warranty, product warranty, warranty:

This section of the Consumer Information was prepared pursuant to the authorization of Section 9 (3) of Government Decree 45/2014 (II.26.) Using Annex 3 of Government Decree 45/2014 (II.26.).

Supplies warranty:

In what cases can you exercise your warranty rights?

In the event of faulty performance of our Company, you may assert your claim for warranty against supplies against our Company in accordance with the relevant rules of the Civil Code.

What rights do you have based on your warranty claim?

You can make the following supply warranty claims:

You may request a repair or replacement, unless it is impossible or would cause a disproportionate additional cost to our Company. If you have not requested or requested a repair or replacement, you may request a proportionate reduction in the consideration or the defect may be repaired at the Company’s expense, or you may have it repaired or terminated.

You can transfer from the right of choice of the chosen supply to another, but the cost of the transfer is borne by you, unless it was justified or given by our Company.

What is the deadline for claiming supplies?

It is your responsibility to report the defect immediately within 2 months of discovering it. You may not assert your warranty rights for supplies beyond the 2-year limitation period from the performance of the contract.

If the subject of the contract between the Consumer and our Company is a used thing, the parties may agree on a shorter limitation period, but a limitation period of less than 1 year may not be stipulated.

Against whom can you assert your warranty claim?

You can enforce your warranty claim against our company.

What are the other conditions for enforcing your warranty rights?

There are no conditions other than the notification of the defect to enforce your warranty claim within 6 months of performance, if you certify that the product or service was provided by our Company. However, after 6 months from the date of performance, you must prove that the defect already existed at the time of performance.

Used products are subject to different warranty and guarantee rules. Defective performance also exists in the case of a used product, but the circumstances under which the Buyer may have expected certain defects to occur must be taken into account  . Due to obsolescence, some errors become more common. The Buyer may only enforce its warranty in the event of defects that are beyond and beyond the defects arising out of use. If the used product is defective and the defect was notified to the Consumer at the time of purchase, our Company shall not be liable in this case.

Product warranty:

In what cases can you exercise your product warranty rights?

In the event of a defect in a movable item / product, you can choose to enforce your warranty or product warranty.

What rights do you have based on your product warranty claim?

As a product warranty claim, you may only request that the defective product be repaired or replaced.

In which case is the product considered defective?

A product is 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 by the manufacturer.

What is the deadline for you to enforce your product warranty claim?

You can assert your product warranty claim within 2 years of the product being placed on the market by the manufacturer. Upon expiry of this period, he shall cease to be entitled to do so.

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

You can only make a product warranty claim against the manufacturer / distributor of the movable property. You must prove the defect of the product in the event of a product warranty claim.

In what cases is the manufacturer / distributor exempted from the product warranty obligation?

The manufacturer / distributor is only released from his product warranty if he can prove that:

  • According to the state of the art, the defect was not recognizable at the time of placing on the market
  • The defect of the product is due to the application of legislation or a mandatory official regulation
  • The product is not manufactured or imported in the course of your business

placed on the market

The manufacturer / distributor must prove 1 reason for the exemption.

Please note that due to the same defect, you cannot assume a warranty claim for a supply and a product warranty at the same time. However, if the product warranty claim is successfully enforced, you can assert your supply warranty claim against the manufacturer for the replaced product / repaired part.

Warranty:

In what cases can you exercise your warranty rights?

In the event of defective performance, Decree 151/2003 on the mandatory warranty for durable consumer goods. (IX. 22.) Our company is obliged to provide a guarantee.

Legislation requires the provision of a guarantee for durable consumer goods, such as technical items, machines and tools, the purchase price of which exceeds HUF 10,000.

What are your rights under the warranty and within what period?

Decree 151/2003 on the mandatory warranty for durable consumer goods. (IX. 22.) defines the cases of the obligatory guarantee. Our company does not provide a warranty for products other than this. Warranty claims can be made within the warranty period. If the guarantor fails to comply with his obligation within the appropriate time limit at the request of the claimant, the warranty claim may be enforced in court within 3 months of the expiry of the time limit specified in the notice, even if the warranty period has expired. Failure to meet this deadline will result in disqualification. The rules governing the exercise of warranty rights need to be applied to enforce a warranty claim. The warranty period is 1 year. Failure to meet this deadline will result in disqualification. The warranty period begins on the date of delivery of the consumer product to the Consumer or commissioning (if performed by our Company). For more than one year warranty, please contact the manufacturer!

What is the relationship between warranty and other warranty rights?

The warranty is valid in addition to the warranty rights (product or supply warranty). The difference between the warranty rights and the warranty is that the burden of proof is more favorable for the Consumer in the case of a warranty.

It is necessary to repair consumer goods covered by the mandatory warranty according to Government Decree 151/2003, with a fixed connection or heavier than 10 kg or not transported in hand luggage on public transport vehicles – at the place of operation, except for vehicles. If repairs cannot be carried out at the place of operation, the repair service will take care of the removal and installation, as well as transport and return.

Our company’s commitment within the period of the mandatory warranty must not contain conditions that are more unfavorable to the consumer than the rules of the mandatory warranty. After the expiration of this (1 year), the conditions of the voluntary warranty can be freely determined, however, the warranty must not adversely affect the existence of the Consumer’s rights arising from the legislation (based on the warranty of supplies).

Exchange request within three working days:

In case of a purchase in our webshop, you have the right to exchange the product within 3 working days. Replacement request within 3 working days in accordance with 151/2003. (IX. 22.) may apply in the case of durable consumer goods covered by the Government Decree, according to which, if you validate your exchange request within 3 working days, our Company must interpret that the product was already defective at the time of sale and we must replace the product without further ado.

When is our company released from its warranty obligation?

Our company is only released from its warranty obligation if it proves that the cause of the defect occurred after performance.

Please note that due to the same defect, you cannot assert a warranty claim and warranty claim and a product warranty claim and warranty claim at the same time. Your rights under the warranty apply to you regardless of your warranty rights.

Uniqma Kft. trading as Enigma Embroidery is a family owned and operated business referred to as We below. We designed and digitized all the embroidery images on our website www.enigmaembroidery.com. In rare instances, We have purchased commissioned art outright and have acknowledged such artists on our website.  We have not made use of any public domain clip art. We therefore own all our designs published on www.enigmaembroidery.com. We own the right to copy and to trade our designs. Our designs as well as photographs of designs, related stitch files, color charts and instruction guides referred to as, our Designs are all copyright protected.

By accessing our website, viewing, purchasing and downloading paid-for or free Designs, you acknowledge our ownership rights to all our Designs on this website and agree to our Licensing and Terms of Use Policy below.

Licensing and Terms of Use Policy All designs remain the property of Uniqma Kft. as Enigma Embroidery.

 

By purchasing and downloading any of our Designs, you obtain a single-user, lifetime, non-transferable right to embroider the specific design or design set purchased on a standard embroidery machine for the following purposes:

  • Personal use, therefore not shareable among users
  • Producing of gifts or for donations including donations to charitable organisations
  • Producing limited quantities in a home or cottage industry on items for resale

Should you wish to edit or add to any of our Designs, you are free to do so but you acknowledge that We retain ownership of the edited version of the design/s and resulting stitch files/s and which is subject to the same Licensing and Usage Policy as the original. You are therefore not allowed to sell, trade, share or distribute the edited design/s.

Our embroidery Designs and stitch files are licensed for single users. Businesses or organizations with multiple users need to purchase a license for every user that requires access to our design/s.

You agree to use our Designs for no other purpose or reason.

Do not use any of our Designs for purposes other than intended.

The following is regarded as prohibited uses of our Designs. 

The single user, lifetime usage right prohibits selling, trading, sharing, distributing our Design/s.

You may not share our Designs with colleagues, family members and friends that would like to use any of our Designs. They need to purchase such Designs on our website.

You are not allowed to use our Designs in any of the following ways.

  • Selling, trading, gifting, sharing, transferring, distributing, passing down as inheritance or re-selling
  • Using our Designs with other media or purposes other than machine embroidery such as:
    • Cutting machines
    • Screen printing
    • Glass etchings
    • Electronic or printed media
    • Part of a logo
  • A machine for hire or rent
  • As a template for reproduction
  • Mass production, wholesale or retail *

* Should you require any of our Designs for mass production, wholesale or retail purposes, please contact us at info@enigmaembroidery.com

Any unauthorized use of our Designs will be deemed a material breach of this license agreement.

In the event of a material breach of this agreement, our rights remain strictly reserved to suspend or withdraw the license, without further notice, also to proceed with any and all legal remedies available to the us in law, including but not limited to civil litigation for damages, criminal prosecution and or immediate injunctive relief, including, where necessary, for the suspension or removal of a breaching parties’ website.

Consent

I understand that all the designs and trademarks are registered to Uniqma Kft. trading as Enigma Embroidery  and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Uniqma Kft. trading as Enigma Embroidery for any civil action or any legal action deemed necessary against you.