13. LIABILITY
13.1 Liability for the products
13.1.1 Products on the Website
We have made every effort to display the colors and materials of our products that appear on the Website as accurately as possible; however, as computer monitors vary, we cannot guarantee that Products will be exactly the same as illustrated on EVAANNA’s Website.
Please note that EVAANNA is not liable for damages resulting from natural amortization, defect or negligent use, abnormal consumption or misuse or any other treatment that is not suited to the Product description or differ from the ordinary use of the Product arising from its nature.
13.1.2 Disputes on defective items (in Hungarian: ‘kellékszavatosság’)
In case of any defective performance (in Hungarian: ‘hibásteljesítés’) of EVAANNA, the User is entitled to make a claim for defective item based on the provisions of the HCC within 2, that is two years following the date of Delivery.
The User must inform EVAANNA immediately after discovering the faulty Product, but not later than within 2, that is two months.
The Users are entitled to make the following claims:
If a Product received by the User is defective due to a manufacturing fault, EVAANNA will offer to repair the item or to exchange it. If the item cannot be repaired or the same item is not available anymore, the User is entitled for a proportional price reduction or to have it repaired by the User or a third-party, and EVAANNA must pay for the fees of the repair or to a full refund (Price and Shipping Fee).
The User is entitled to modify their chosen claim, but they are responsible for all the costs imposed by this modification, unless the modification was caused by EVAANNA.
Within the first 6, that is six months from delivering the Package, the User shall inform EVAANNA about the defect and confirm that the item was provided by EVAANNA. Within such 6, that is- six-months deadline there is no other condition for Users to make a claim on the basis of liability for defective items.
After the expiry of the above-mentioned 6, that is six-months period, the User is required to prove that the defect of the Product discovered by the User has already existed by the time of the Delivery.
13.1.3 Liability for defective products (in Hungarian: ‘termékszavatosság’)
If the User is a natural person, the User shall also have a right to make a claim against EVAANNA for defective products as described in the present section of the GTC.
Please note that under Hungarian law the User needs to choose between the rights described under sections 13.1.2 and 13.1.3 of the present GTC, therefore the User is not entitled to make a claim against EVAANNA on the basis of both sections.
If a product is defective, the User is entitled only to choose to have it repaired by EVAANNA or require EVAANNA to exchange the product. The User shall inform the Service Provider about the defect without delay, but within two (2) months from the date of its discovery at the latest. In case of a defective product, the User is required to prove the defect of the product.
The product is deemed to be defective only if
- (i) it does not meet the quality requirements applicable by law to the particular product, or
- (ii) it does not have the characteristics set out in the description of the product delivered by EVAANNA.
The User is entitled to make its claim against EVAANNA within a 2, that is two-year period following the date of Delivery.
13.2 Force majeure
EVAANNA shall not be held liable for the contractual performance of the Order in cases attributable to external cause (force major) beyond EVAANNA’s control.