FLÕWY 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.
Please note that the liability provisions outlined in this section shall apply only to consumers. A consumer is a private person acting out of the scope of his/her profession or his/her business activity. For non-consumer buyers, different provisions of the Hungarian Civil Code shall apply.
Liability for defective items (in Hungarian: “kellékszavatosság”)
Liability for defective items (in Hungarian: “kellékszavatosság”) means that in case of defective performance (in Hungarian: “hibás teljesítés”) you are entitled to make a claim for defective items against us, as set forth by the Hungarian Civil Code.
Upon your request, you are entitled to make the following claims:
If an item is defective due to a manufacturing fault, FLÕWY will offer to repair the item or exchange it. If it cannot be repaired or the same item is not available, you are entitled to a proportional price reduction or to have it repaired by yourself or a third party and we shall pay for the repair, or a full refund. Please note that you are not entitled to a full refund if the lack of conformity is minor.
You are entitled to modify your chosen claim but you are responsible for the costs imposed by this modification, except if it was caused by FLÕWY.
You shall inform us about the defect without delay, but not later than within 2 (two) months from the date of its discovery, the latest.
Within the first 6 (six) months from delivery, you shall inform us about the defect and confirm that the item was provided by us. Within this 6 (six) month deadline, there is no other condition to make your claim on the basis of the liability for defective items. In the absence of proof to the contrary, any lack of conformity detected by you within 6 (six) months of the date of delivery shall be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the item or the nature of the lack of conformity.
After the expiry of this 6 (six) month period, you are required to prove that the defect discovered by you had already existed at the date of delivery.
Your right to make a claim for defective items shall lapse after 2 (two) years from the delivery date.
Product guarantee (in Hungarian: “termékszavatosság”)
As a private person purchaser, you shall also have a right to make a claim against FLÕWY for defective products. Product guarantee (in Hungarian: “termékszavatosság”) means that if a product is defective, you are entitled only to choose to have it repaired by FLÕWY or require FLÕWY to exchange the product.
You shall inform FLÕWY about the defect without delay, but within 2 (two) months from the date of its discovery at the latest. You shall be responsible for the damage caused by delayed communication.In case of a defective product claim, you shall 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 FLÕWY.
You are entitled to make your claim against FLÕWY within a 2 (two) year period following the date of delivery.
Please note that under Hungarian law, you are required to choose between your right to make a claim against FLÕWY for defective items (in Hungarian: “kellékszavatosság”) and defective products (in Hungarian: “termékszavatosság”).
Limitation of liability
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall FLÕWY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.