Terms and Conditions

GENERAL TERMS AND CONDITIONS

Date of publication: 11.09.2024

(In the event of an amendment to these GTC, the provisions not affected by the amendment shall remain in force unchanged.)

These General Terms and Conditions (hereinafter referred to as “GTC”) set out the rights and obligations of MÜÜSKA Kft. (hereinafter referred to as “Company”) and the Customer (hereinafter referred to as “Customer”) using the online commercial services provided by MÜÜSKA Kft. (hereinafter referred to as “Company” and “Customer”).

The scope of the GTC applies to the commercial activity carried out in the www.webshop.muuska.hu webshop (hereinafter referred to as “Webshop”), as well as to all commercial legal transactions carried out through other channels of the Company (e.g. telephone, e-mail). For the purposes of the GTC, the contract means both contracts concluded in person and contracts concluded through the Webshop, e-mail and telephone.

If you wish to become a customer of the Company or an active user of the Webshop, please read the GTC carefully and only use our services if you agree with all its points and consider yourself bound by them. This document will not be filed, will be concluded in advance in electronic form only, will not be retrievable at a later date and will not refer to a code of conduct.

In case of any questions regarding the operation of the Webshop, the ordering and delivery process of the Company, please contact us at the contact details provided.

• COMPANY AND SERVICE PROVIDER DATA

1.1. Company details

Company name: MÜÜSKA Kft.

Company registration number: 13-09-187995

Tax number: 14367995-2-13

Conducted by: Court of Justice of Budapest

E-mail: muuska@muuska.hu

Registered office: 2141 Csömör, Bence u. 13. 

Contact person: Júlia Dénesné Vandlik Vandlik, manager

1.2. Contact details

• E-mail: muuska@muuska.hu
• Delivery: Júlia Vandlik, muuska@muuska.hu, phone: +36703860009
• Warranty claims, guarantee, cancellation: Júlia Vandlik, muuska@muuska.hu, phone: +36703860009 
• Opinion: Júlia Vandlik, muuska@muuska.hu, phone: +36703860009

1.3. Domain and hosting provider details

Company name: Websupport Hungary Kft.

Registered office: 1119 Budapest, Fehérvári út 97-99.

Company registration number: 01-09-381419

Tax number: 25138205-2-43

1.4. Products and services available for purchase

• Sofa,
• Armchair,
• Double bed,
• Carpet, 
• Pillow,
• Wallpaper,
• Planning and advice.

• GENERAL INFORMATION

The language of contracts concluded under these GTC is Hungarian or English, the language of use of the Webshop and the language of orders and contracts is Hungarian or English. The business activities of the Company shall be governed by Hungarian law. When using the Webshop, the Customer is responsible for complying with all applicable local laws and regulations.

The Company reserves the right, for good cause, to unilaterally modify these GTC (in particular with regard to the way the Webshop operates, and the information displayed on it), with prior general notice, with effect for orders placed after the modification. Reasonable cause shall be deemed to include, in particular, changes in market conditions with regard to service fees which make it impossible to provide the service to the same standard or if the Customer, the Supplier’s intermediaries or contractual partners fail to fulfil their essential contractual obligations in relation to the provision of the service under these GTC.

 If any part of these GTC becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining parts shall not be affected.

By accepting the GTC, the Customer agrees that the Company may also carry out all administrative procedures and provide all information related to the Order electronically.

By placing an order on the Webshop, each Customer declares that he/she accepts the terms and conditions of the shop as described in these GTC and is aware of the ordering procedure.

The images and texts displayed on the Company’s social networking sites, provided digitally, included in its Webshop are the property of the Company or used with the approval of the Company’s partners and suppliers. The Company is entitled to take action against unauthorised users of the content.

• PURCHASE

3.1. Products

The images in the Webshop, catalogues, manufacturer image databases are illustrations, they depend on the display device, the printing process, their quality, and may therefore differ from reality. In addition, some of the products sold by the Company are unique, handmade artisanal products. Accordingly, where several products of the same type are made, there is no guarantee that they are entirely identical to each other, and there may be small, unobtrusive differences between two products made to the same design. For this reason, the products shown in the digital and printed photographs may therefore differ slightly and not materially from the product sent to the Customer at the time of order fulfilment. Please take this into account when placing your order. Minor deviations do not constitute non-conformity of the Company with the contract and do not give rise to any warranty or guarantee claims or any legal consequences of breach of contract.

In the case of natural materials (wood, marble, leather), colour variations may occur, either in comparison with the sample selected in the Company’s shop or between the individual elements of the furniture. The standards allow for certain tolerances, and if the variation is within these, colour differences do not constitute a valid complaint under our guarantee. These product-specific characteristics are due to the nature of the product, its material or its manufacturing process and are beyond the Company’s control.

The Company assumes no responsibility for a price displayed incorrectly, because of its care and/or as a result of a system error, or for an obviously incorrect, unrealistic price significantly different from the well-known price of the product. In such cases, the Company is not obliged to supply the product at the wrongly displayed price on the Webshop. In the case of an incorrectly stated price, the Company offers the possibility of purchasing the product at the real price after or before confirming the order, with which information the Customer can decide whether to order the product at the real price or not.

3.2. Promotions

The prices advertised in the Webshop may differ from the prices offered in other channels, and the Company is entitled to set individual project prices.

Individual promotions of the Company’s manufacturers, partners, promotions of other traders (domestic or foreign) do not necessarily affect the Company’s pricing. The Customer shall not have the right to withdraw from the placed, validated order or to demand its modification.

3.3. Range of products available

Each Order placed by the Customer is considered a unique order, so each of them is individually produced. The Company does not have products that are immediately available at the moment of the purchase, given that it does not have a warehouse. For this reason, the expected delivery time may differ from order to order, which the Company indicates in the description of the given product on the website or in accordance with 5.1 of these GTC. in point

3.4. Delivery time

Actual delivery times may vary from time to time due to temporary shortages in manufacturer stock or capacity, external logistical disruptions, or restrictions imposed by uncertain public health and disease situations at home and abroad. In addition, delivery times are extended due to the mostly 4-week summer (July/August) and winter (December/January) shutdowns that most manufacturers experience. By validating the order, the customer acknowledges that he/she is obliged to maintain his/her order even in the event of a delay in delivery and that no claim for compensation can be made against the Company in the event of a delay in delivery for which the manufacturer is responsible. 

3.5. Shopping in Webshop

The sales contract for the products placed in the shopping cart is concluded between the Company and the Customer based on the Order Form sent by the Company after processing the data filled in by the Customer and under the terms and conditions set out in this document.

Orders placed in the Webshop are therefore processed in two stages.

1. The Company will send an automatic confirmation of the order (purchase offer) by e-mail. This automatically generated e-mail does not constitute a confirmation of the order, it merely confirms the receipt of the order, and no contractual relationship is established between the parties at this point in time. 
2. A contract of sale is concluded between the Company and the Customer in connection with an order for products placed in the Webshop when the Company sends the Customer an e-mail containing the Order Confirmation (Order Form), in which the Company informs the Customer about the details of the order and the expected fulfilment.   Until that date, no statement or action by either the Customer or the Company shall be construed as an offer or acceptance thereof.

The automatic e-mail confirmation of order placement therefore only proves receipt of the order placement and not its acceptance, i.e. not the conclusion of the contract between the parties. The contract for the sale of the ordered products is concluded between the parties when the Company informs the Customer by e-mail of the availability of the goods, their delivery, delivery to the carrier, etc. If the Order Form is not received within 2 working days of the date of sending it to the Customer, the Customer is released from the obligation to make an offer.

If the order cannot be fulfilled by the Company under the terms and conditions of these GTC for any unavoidable reason, the Company will notify the Customer by e-mail as soon as possible after the automatic confirmation. 

The rules of the distance contract with regard to these GTC apply only to orders placed in the Webshop on the www.webshop.muuska.hu website.

• Steps to shopping in the Webshop

The purchase is not subject to registration. Once you have selected the product you wish to buy, click on the “add to cart” button next to the product. You can then click on the BASKET icon in the header of the page to see which products are in your basket, modify the quantities or delete them, and then click on the PAYMENT menu (also by clicking on the basket icon in the header) to place your order, i.e. finalise your order. Here you will need to enter all your shipping and billing details and choose one of our payment methods.

It is very important that the order details are filled in accurately. On the “Checkout” page, under “Order content”, the website will offer the possibility to check/modify the order before finalising it. Please read your order carefully before finalising it.

The confirmation will include the order ID, which can be referred to for any administration related to the order. If you have filled in the order incorrectly and have not entered your e-mail address correctly, we will not be able to confirm or fulfil your order. We will not be liable for any inconvenience or damages resulting from incorrect completion of the order.

3.6. Data to be provided for the conclusion of the contract

In order to conclude the contract, the Customer must provide the following information to the Company:

• Name of the customer,
• Contact details of the customer (telephone number, e-mail address),
• Invoicing name, address (company name, registered office and tax number in the case of a company invoice),
• Delivery method,
• In case of delivery, delivery address, 
• Payment method.

The Customer is obliged to ensure the accuracy of the data provided, as further administrative (invoicing) and delivery processes will be carried out on this basis. The Company shall not be liable for any delivery delays, other problems, additional costs, or errors resulting from incorrect and/or inaccurate or incomplete/illegible data provided by the Customer. The Customer may request the correction of incorrectly provided data by contacting the contact details provided.

3.7. Order verification

Please note that by making a purchase in the Webshop, the Customer accepts the terms and conditions described on the Order Form and in these GTC and confirms that he/she has checked the design of the products detailed in this order (colour code, size, upholstery, type, etc.) and accepts them unconditionally. The Company will place the Order with the manufacturer based on these parameters, and will not be liable for any resulting defects, and no claims may be made.

• PRICES, PAYMENT TERMS

The prices of the products indicated in the Webshop and on the Order Form are in Euros and include VAT, as the Company is a taxable person under the Hungarian VAT Act.

In the Order Form, the parties agree on the purchase price of the EUR at the time of the conclusion of the contract. The amount in EUR is indicated on the automatic order confirmation. The parties acknowledge that thereafter the full settlement of the Order will be made at this exchange rate, irrespective of whether the exchange rate changes at the time of receipt of the product. The time of fixing the contractual rate of exchange for the Order may in certain cases differ from the above: the Parties may decide, prior to the conclusion of the contract, to settle at the rate quoted in the offer.

The Company reserves the right to change the prices of products that can be ordered in the Webshop, provided that the change shall take effect at the same time as the change is published in the Webshop. The change shall not adversely affect the purchase price of products already ordered. In the event of a price decrease between the time of ordering and the time of receipt of the product, the Company will not refund any money. 

In addition to the price of the products, the Customer will have to pay a delivery charge if he/she has ordered this service. The delivery charge includes the cost of packaging and delivery.

The estimated cost of delivery to Hungary and, in the case of deliveries within the EU and outside the EU, the Company shall indicate the estimated cost of delivery in these GTC. 

All products can be picked up free of charge at the following address:

Cushions, wallpapers and carpets:

Bevlo Textil Kft. (hereinafter referred to as “Showroom”) 

Registered office: 1063 Budapest, Szinyei Merse u. 13. fszt. 4.

Opening hours: Mon-Fri: 9-17 h

Phone: +36-1/371-0391

E-mail: bevlo@bevlo.hu

Web: https://bevlo.hu/ 

For armchairs, sofas and double beds:

Varró Kárpitos Műhely (hereinafter referred to as “Showroom”) 

Registered office: 1163 Budapest, Cziráki utca 26-32.

Opening hours: Mon-Fri: 7-16 h

Phone: +36 20 9435434

E-mail: varro@karpitosmuhely.hu 

Web: https://karpitosmuhely.hu/ 

4.1. Payment process

Payment of the invoice must be made in accordance with the terms of payment set out in the contract. The settlement date shall be the date on which the purchase price appears on the current account of MÜÜSKA Kft.

In any case, the Company shall issue an invoice for the amount paid by the Customer, which shall be sent to the Customer together with the product, and the Company shall keep a duplicate thereof for 8 (eight) years from the date of issue, in accordance with Article 169 (2) of Act C of 2000.

To finalize the order, the Customer must accept the Terms and Conditions (I understand and accept the terms of the Terms and Conditions), otherwise the site will not allow the Customer’s order to be sent and the message “Acceptance of the Terms and Conditions is mandatory” will be displayed.

4.2. Payment methods

Bank transfer

If you choose bank transfer as the payment method, you can make the transfer to the account number indicated on the Order Form and the Fee Request Form. The amount shall be deemed to have been paid when it is credited to your bank account by the bank holding the Company’s bank account. Once the amount has been credited, the Company will start manufacturing the product.

Please make your bank transfer within the payment deadline agreed with the Company. If the price of the product is not credited to the above bank account of the Company within this period, the Company will consider this as a cancellation / withdrawal of the order by the Customer and will place the order in cancelled status. It is important that you include your order ID in the comment field when placing your order, which will be sent to the e-mail address provided in the confirmation mail after the order has been placed. The payment term is 5 working days by default.

The bank transfer can be made by the Customer to the following accounts:

• Bank name: UniCredit Bank
• SWIFT: BACXHUHBXXX
• IBAN: HU45 1091 8001 0000 0093 4256 0009
• Foreign currency account (EUR): 10918001-00000093-42560009

Please always make the transfer to the foreign currency account in case of a foreign currency transfer to avoid extra bank charges. Failure to do so will result in the Customer being charged the conversion costs.

Online payment by credit card

Online credit card payments are made through the Barion system. Credit card details are not passed to the merchant. The service provider Barion Payment Zrt. is an institution supervised by the National Bank of Hungary, licence number H-EN-I-1064/2013.

To pay online with your credit card, you do not need to register at the Barion terminal, just enter your credit card number, expiry date and the CVC code on the back, as well as a valid e-mail address. 

The following credit cards can be used for payment:

• Mastercard or Maestro
• Visa or Electron 
• Amex 

• DELIVERY CONDITIONS AND OTHER SERVICES

5.1. Delivery is subject to securing the delivery area:

• safe accessibility of the delivery points suitable for furniture transport
• a clean, damp and dust-free room for storing furniture
• providing a room of sufficient size to ensure that the furniture can be stored without damage

The Company delivers the ordered products to the delivery address indicated by the Customer within the timeframe and at the price specified in the Order Form. Please be sure to specify a delivery address when ordering, where you are available during the day. 

Expected delivery times

Small products (pillows, wallpaper, carpets): 3 weeks 

Large products (armchair, sofa, double bed): 12 weeks

These expected delivery times may vary. If the Company is unable to deliver the order within a given time for unforeseen reasons, the Customer will be informed in any case. The delivery charge depends on the gross purchase price of the products ordered. The charges do not include the delivery of the furniture to the Customer’s home, apartment or upstairs. 

5.2. Delivery methods

Free personal collection

The Customer has the possibility to pick up the ordered product at the Company’s Showroom (1063 Budapest, Szinyei Merse u. 13. fszt. 4.) during opening hours.

The Company’s staff will also inform the Customer by e-mail (sometimes by telephone) about the assembly and availability of the furniture ordered by personal delivery. 

Courier service

Delivery of small products to Hungary

Smaller products are delivered by MPL or DPD.

Charge for delivery by MPL:

• Delivered to a parcel machine, Posta Pont or post office: 2.5 EUR/ gross 990 HUF/each.

• For delivery at home: up to 0-10 kg 5 EUR/gross 1990 HUF/each.

• For delivery at home: up to 10-20 kg gross 7.5 EUR/2990 HUF/each.

• For delivery at home: up to 20-40 kg gross 15 EUR/ 5990 HUF/each.

Delivery fee by DPD:

8 EUR/3.500 HUF per parcel. DPD courier service delivers parcels in Hungary from Monday to Friday, working hours, the day after pick-up in all cities and towns. For carpets up to 2 x 3 m, DPD courier service delivers according to the specified rates.

Courier services will not deliver over 50 kg, in which case the Company will set an individual delivery price. If you purchase more than one product, the courier service charge or even the delivery method may vary if it does not fit within the parameters of the parcel that DPD can deliver. The Customer will be informed of this when the order is confirmed.

Products are usually delivered the working day after dispatch. Dispatch will take place within 1-3 working days after receipt of the goods/overpayment.

DPD will attempt to deliver the shipment to the Customer twice. If the first delivery attempt is unsuccessful, DPD will attempt delivery again the next day. If the second delivery attempt is unsuccessful, DPD will return the parcel.

Please check the integrity of the parcel (in the presence of the courier!) when you receive the parcel. If the parcel is damaged in transit, a damage report must be included. In this case, or if the parcel is damaged and there is no report, you must contact the DPD courier service to make a claim. Our Webshop cannot accept any responsibility for any damage that may occur during the delivery. However, in case of any problems or questions, please call our customer service and we will try to help you.

Despite our careful packaging/manufacturer’s packaging, your package may be damaged during delivery. We can only claim compensation from the carrier if we notify them within 48 hours of receipt. We therefore ask you to check the contents of your parcel in detail within 48 hours of receipt, as we can only accept reports of damage up to this point.

If a product or a part of a product is damaged on receipt, please notify us within 3 working days using the contact details provided. We cannot accept any warranty claims for product damage after 3 working days from receipt.

If the Customer provides the wrong delivery address in the order or is not at the delivery location within the indicated timeframe and delivery is impossible, the Company shall not be liable for non-performance. In such a case, the Company shall notify the Customer concerned of this fact by e-mail within 5 working days of being informed of the failure to deliver and shall request the Customer to provide the correct delivery address. If the Customer provides the correct address and requests a redelivery, this is possible under the following conditions: in the case of a previous bank transfer or online payment by credit card, if the Customer transfers the cost of the redelivery at the same time as the reply letter. The purchased product will be delivered to the carrier within 5 working days from the date of payment of the above amounts in the Webshop.

If the Customer does not respond to the Company’s request within 5 working days, or (b) does not request re-delivery, or (c) does not pay the required amount within the above time limit, we will return the part of the purchase price already paid less the penalty to the Customer, after deduction of the delivery costs, immediately, but no later than 30 days after the return of the parcel. In this case, the Company shall have no further performance or payment obligations towards the Customer.

Deliveries of small products abroad (within the EU)

Orders placed in our Webshop are also delivered within the EU by DPD courier service, according to the following rates:

ZONE	POLAND	Delivery time (from dispatch, working day)	Delivery fee (gross)
1	Austria, Slovakia, Croatia, Slovenia	1-3 days	EUR 16 / HUF 5.800
2	Germany, Czech Republic, Poland, Romania	2-4 days	EUR 21 / HUF 7.700
2	Belgium, Netherlands, Lithuania	3-6 days	EUR 21 / HUF 7.700
3	Denmark, France, Bulgaria, Estonia, Lithuania, Italy, Luxembourg, Ireland, Sweden	3-6 days	EUR 29 / HUF 10.600
4	Spain, Finland, Greece*	4-7 days	EUR 44 / HUF 16.100

*For Crete and other Greek islands, an extra delivery charge of 5 EUR-EUR 13.

The delivery of products that cannot be delivered by DPD courier service always requires an individual calculation, so our staff will contact you after placing your order to discuss this.

Shipping small products abroad (outside the EU)

Shipping outside the EU always requires an individual calculation, so our staff will contact you after you place your order to discuss this.

Shipping outside the EU is approximately between 50-100 EUR/20.000-30.000 HUF which may vary from country to country. 

Delivery of large products to Hungary 

The delivery of large products within Hungary requires an individual calculation, so our staff will contact you after placing your order to discuss this. 

Delivery of large products within Hungary is approximately 50-100EUR/ 20.000-30.000, – Ft, the exact amount of which depends on the address provided by the Customer.  

• Receipt of goods

The completeness of the receipt of the goods (package number) and the integrity of the packaging must be certified on the receipt of delivery / or if any defects or damage is found, it must be recorded on the same document. The Customer may change the delivery address afterwards, even before delivery, in which case the difference in the delivery charge resulting from the change of address must be paid by the Customer.

The exact time of delivery within a day cannot be determined in advance by the Company. Our staff will inform the Customer of the expected arrival time as soon as possible before the arrival. If, despite the agreed delivery time, the Customer is not at the delivery address or the delivery location is not suitable for the delivery of the furniture (e.g. a building site is not safely accessible), the Customer shall be liable to pay compensation for the resulting loss.

If a product or a part of a product is damaged, please notify us within 3 working days using the contact details provided (muuska@muuska.hu). After 3 working days of receipt, we cannot accept any claims for damage to the product during shipment.

Shipping large products abroad (within and outside the EU) 

For large products, delivery requires an individual calculation, so our staff will contact you after you place your order to discuss this.

Shipping abroad is approximately between 20.000-30.000, – HUF, which may vary from country to country. 

• WARRANTY AND GUARANTEE

If the product is damaged, defective or the Customer has not received the product ordered, he/she is obliged to present the product in person or to send the Company appropriate photographs of the reasons for the complaint. The Company shall then provide information on the warranty rights and guarantees relating to the product. If the Company considers that the Customer is not entitled to warranty and/or guarantee rights under the GTC and the applicable legislation, or that the exercise of such rights is precluded by certain circumstances beyond the control of the Company, it shall inform the Customer thereof in writing, stating the reasons.

Prior to delivery to the Customer, the Company will only verify the integrity of the goods if the packaging has been damaged during delivery. In such a case, the Company may unpack the goods in its warehouse for quality control purposes and then repackage them, and the goods shall still be deemed to be intact. In other cases, the Company shall not unpack the goods, unless, at the express request of the Customer, it wishes to unpack the goods and transport them itself. In the latter case, the Customer must check the quality of the goods and the completeness of their parts before delivery and certify that he has found them to be free of defects and faults by taking delivery. Once this has been done, no subsequent complaints in this respect will be accepted.

6.1. Reporting an error

For the sake of digital administration, please submit your warranty claim to muuska@muuska.hu, with a precise description of the defect and documenting it with photos (video if necessary).

IMPORTANT! When documenting the defect, please note that the defect must be reported in a credible manner to the manufacturer, who is responsible for the product – poor quality photos or photos that do not show the size and location of the defect are not suitable for initiating a warranty claim against the manufacturer.

In justified cases, our staff will assess the fault on site after making an appointment.  In all cases, the claim will be examined within 5 working days and a report will be sent within 5 working days. A confirmation of the warranty claim received will be sent to the contact e-mail address provided at the time of ordering within a maximum of 5 working days.

If this is not the case, it may be due to technical reasons only – the claim has not been received – so please also make your warranty claim by phone on +36 703860009 so that our staff can start to rectify the problem immediately.

6.2. Information

By accepting the GTC, the Customer agrees that he/she may also send all information related to warranty and guarantee claims and administration electronically and that the Company may respond to such information electronically.

6.3. Quality objection report

Pursuant to Decree No.19/2014 (IV. 29.), the Company is obliged to record a report on the reported warranty or guarantee claim:

• the name and address of the Customer and his/her declaration that he/she consents to the processing of his/her data recorded in the report in accordance with the Regulation,
• the name of the product sold under the contract between the Parties, the purchase price
• the date of performance of the contract by the Company,
• the date of the error report,
• a description of the error,
• the right the Customer wishes to assert under a warranty or guarantee claim, and
• how the warranty or guarantee claim is to be settled or the grounds for rejecting the claim or the right to enforce it.

In addition, if the Company fulfils its warranty or guarantee obligations in a way other than the right that the Customer wishes to assert, the reasons for this must be stated in the record.

The minutes must contain information that in the event of a consumer dispute, the consumer can also initiate the procedure of the conciliation board operated by the county (capital) chambers of commerce and industry.

If the manufacturer/distributor (Company) is unable to make a statement about the fulfillment of the consumer’s warranty or guarantee claim when reporting it, it must notify the Customer of its position – in the case of rejection of the claim, the reason for the rejection and the possibility of turning to the conciliation body – within five working days, in a verifiable manner.

6.4. Liability for defects, product warranty

In the event of defective performance by the Company, the Customer may assert a claim for warranty of convenience in accordance with the provisions of Act V of 2013 on the Civil Code.

It may request a repair or replacement, unless the Customer’s choice of one of these is impossible or would involve disproportionate additional costs for the Company compared to the fulfilment of its other request. If the repair or replacement was not or could not have been requested by the Customer, the Customer may request a proportionate reduction in the consideration or the Customer may have the defect repaired or replaced by another party at the expense of the service provider or, as a last resort, may withdraw from the contract. He may transfer his right of warranty of choice to another, but the cost of such transfer shall be borne by the Customer, unless it was justified or the Company gave a reason for it.

The Customer is obliged to report the defect immediately after its discovery, but not later than two months after the discovery of the defect. However, the Customer may no longer assert its rights to claim for defects beyond the two-year limitation period (one year in the case of a legal person) from the date of performance of the contract, unless otherwise provided by law. For second-hand goods, this period is one year.

There is no other condition for the enforcement of the rights to claim for defects within six months from the date of performance other than the notification of the defect if the Customer proves that the product or service was provided by the Company. However, after the expiry of six months from the date of performance, the Customer shall be obliged to prove that the defect which he has discovered existed at the time of performance.

Based on the defect of the product, the Customer may, as a first step, request the repair or replacement of the defective product as a product warranty claim. 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.

The Customer may assert a product warranty claim within two years (1 year in the case of a legal person) from the date of placing the product on the market by the manufacturer. After this period has expired, the Customer loses this right. The Customer may only exercise his product warranty claim against the manufacturer or distributor of the product. In the event of a product warranty claim, the Customer must prove that the product is defective.

The same defect may not give rise to a warranty claim of convenience a product warranty claims at the same time. However, in the event of a successful product warranty claim, the Customer may assert a warranty claim of convenience against the manufacturer for the replaced product or repaired part.

6.5. Guarantee

A natural person acting for purposes other than self-employment and economic activity (hereinafter referred to as the “Consumer”) pursuant to Government Decree No. 151/2003 (hereinafter referred to as the “Decree”) may assert a guarantee right in the case of the sale of new consumer durables (e.g., indoor and outdoor furniture, mattresses) and their accessories and parts (hereinafter referred to as the “Product”) listed in Annex 1 to the Decree.

6.6. Guarantee period

The mandatory guarantee for consumer durables listed in the Annex to the Decree is 1-3 years, provided that the product is used in accordance with its intended purpose and in compliance with the instructions for use and handling. The conditions for the period of the mandatory guarantee are only valid in Hungary, the mandatory guarantee period in the EU is the one set out in the general directive. The mandatory warranty period in Hungary is determined by the actual gross purchase price of the product: 1 year – purchase price between HUF 10,000 and HUF 100,000, 2 years – purchase price between HUF 100,001 and HUF 250,000, 3 years – purchase price above HUF 250,000. In the case of a discount granted on the purchase price of a product when ordering, the discounted purchase price shall apply, and in the case of a discount granted on the total order value, the discount shall apply less the percentage of the discount applicable to the product in question, unless otherwise stated in the product description on the order form. The guarantee period shall be based on the purchase price actually paid, as shown on the invoice.

6.7. Enforcement of a claim 

The rights arising from the guarantee are enforceable by means of a guarantee voucher, which cannot be made conditional on the return of the opened packaging of the consumer goods by the Consumer. In the event of failure to make the guarantee voucher available to the Consumer, the conclusion of the contract shall be deemed to have been proved on presentation by the Consumer of proof of payment of the consideration, namely an invoice or receipt issued in accordance with the VAT Act. In this case, the rights arising from the guarantee may be enforced by means of proof of payment of the consideration. This guarantee does not affect the consumer’s legal rights within the European Union. 

The goods remain the property of the Company until the purchase price is paid in full. If, for whatever reason, the goods come into the possession of the Customer before the purchase price has been paid in full, the Customer shall be liable to the Company for any damage for which liability cannot be clearly established and therefore no other Party / Intermediary / Manufacturer can be clearly held liable for compensation.

The Company may also provide the consumer with the corresponding guarantee ticket by electronic means. An invoice delivered to the Consumer electronically may be accepted as a guarantee voucher if its content also complies with the provisions on guarantee vouchers in the applicable Regulation. The Company shall be obliged to deliver the guarantee voucher by electronic means at the latest on the day following the delivery or installation of the product.

The rights under the guarantee may be exercised by the owner of the consumer goods, provided that he/she is a Consumer. In the event of a defect within the guarantee period, if the defect is covered by the guarantee, the Consumer may claim repair or replacement. Replacement may be requested for justified reasons or in other cases provided for by law; in the case of disproportionality, minor defects or significant additional costs, a full replacement may not be requested. If these requirements cannot be met, you may, in a second step, request a proportionate reduction of the purchase price or (after prior agreement) have the defect repaired by you or by another party at the expense of the Company. Withdrawal from the contract is possible if the Company/Manufacturer has not undertaken to repair or replace the defect, or if it cannot fulfil its obligation in the manner prescribed by law, or if the Consumer’s interest in repair or replacement has ceased to exist, or if the Manufacturer/Company has failed to remedy the defect in a manner which is not prejudicial to the interests of the Consumer. There shall be no right of withdrawal for minor defects. 

The Consumer may only claim damages in connection with defective performance if the defective product has caused him/her personal or material damage. In this case, the burden of proof shall be on the Consumer, both as to the extent of the damage and as to the causal link. In addition to this, the consumer also has a so-called duty of reparation: he must do everything possible to reduce the damage or to prevent or remedy it.

The Consumer may also, at his or her option, submit his or her claim for repair directly to the Company’s head office, premises, branch or repair service, if any, indicated by the Company on the warranty ticket.

The Customer may switch from one right to another. He/she shall pay the costs incurred by the changeover to the Company unless the changeover was justified by the Company or was otherwise justified. The right holder shall notify the Company of the defect without delay after the defect is discovered.

In the event of a repair claim, the Company will send the report of the Quality Objection to the Customer digitally.

If, in the opinion of the Company, the item cannot be repaired within 8 days, the Company will provide a replacement or refund of the purchase price, with an expected date. After the 2nd and 3rd failure claims, during the 4th failure, the Customer is not obliged to accept the repair, a proportional reduction of the purchase price, and may request repair or replacement of the product at the Company’s expense.

The repair or replacement must be carried out within a reasonable period, taking into account the characteristics of the product and the intended use expected by the Customer, and without prejudice to the interests of the Customer. If the duration of the repair or replacement exceeds fifteen days, the Company shall inform the Customer of the expected duration of the repair or replacement. The information shall be provided by electronic means or by any other suitable means of proof of receipt by the Customer. Only new parts may be installed in the product during the repair.

The part of the repair time during which the Customer cannot use the product as intended is not included in the guarantee period. In case of replacement (repair) of the product or part of the product, the guarantee period starts again for the replaced (repaired) product (product part), as well as for the defect arising as a result of the repair. The costs related to the fulfillment of the warranty obligation shall be borne by the Manufacturer/Distributor (Company). The guarantee does not affect the enforcement of the Customer’s rights arising from legislation, including in particular accessories and product warranties and compensation.

In the event of a consumer dispute, the Customer may also initiate the procedure of the conciliation body operated by the county (capital city) chambers of commerce and industry.

6.8. Intended use and other reasons excluding guarantee claims

The Company shall be released from its guarantee obligation if it proves that the failure is due to improper use and/or scratches, abrasions, and other improper use not in accordance with the instructions for use, natural wear and tear, lack of proper maintenance, accident, misuse, improper storage, mishandling, intentional damage, damage caused by natural or man-made disasters, or damage resulting from commercial use (Company’s furniture is designed for private household use) and/or damage caused by a party other than the Manufacturer.

Furthermore, a defect is not covered by the warranty if the cause of the defect occurred after the delivery of the product to the Customer, for example, if the defect was caused by improper installation (unless it was carried out by the Company or its agent in the context of the Customer’s contractual relationship with the Company). If the product has been modified, repaired or damaged by the Customer or a third party during improper use (e.g. improper cleaning, etc.), and for defects indicated on the Guarantee Ticket or Order Form that were known to the Customer at the time of purchase and/or for which the Customer received a discount.

For certain groups of products, raw materials, product components, manufacturing processes, industry standards or qualification equivalents define what constitutes a defect – in such cases these should be accepted as the guide and if the defect is within these standards or the product has a particular qualification that defines the extent of wear and tear that is possible when the product is used as intended, no guarantee will be given.

In the case of natural materials, there may be variations in colour and pattern (leather, wood) – these materials not only show variations as raw materials, but also “mature” after production and react differently to different environmental influences (sunlight, light, humidity, temperature), which may cause further variations in colour and surface over time.

To avoid problems caused by environmental influences, it is important that the Customer does not place the furniture in direct sunlight or too close to a heating source. Always keep at a regular indoor temperature, as other weather effects caused by a damp, dry and/or cold environment may cause damage not attributable to the manufacturer.

Furniture should be protected from damage caused by stabbing, sharp, hot or wet objects. Damage resulting from these impacts will not be covered by a claim.

Colour variations may occur even at the time of delivery of the wallpaper, cushion or armchair – not only when re-ordering – compared to the selected sample displayed in the showroom and possibly in another location. The standards allow for certain tolerances and if the variation is within these limits, colour variations do not constitute a valid complaint under our guarantee. These product specific characteristics are due to the nature of the product or its manufacturing process and are beyond the control of the Company or the Manufacturer. Fabrics and fabrics will fade and change colour naturally over time even if not directly exposed to sunlight. When an item is replaced for a warranty claim, it is almost inevitable that there will be a colour difference between the old and the new item. This colour difference will diminish over time, there is no guarantee that it will disappear completely.

Images on websites and in catalogues are illustrations or may vary depending on the display medium, printing process and quality. No guarantee can be given by reference to them.

Glass furniture, glossy surfaces are more susceptible to scratching than matt surfaces, and if not properly cared for, plastic, metal, glass, wood, stone, etc., solvent-based materials can leave marks on their surfaces. These cannot be covered by a guarantee claim.

Open-pored natural materials (leather, marble, concrete, stained wood, lacquered surfaces, solid wood, etc.) may be affected by liquids, various inappropriate cleaning products, skin and hair care products, pharmaceuticals, sweat, fats, oils, other chemicals, etc. These stains cannot be covered by a warranty claim. For these natural materials, it is important that they are cared for professionally and in a manner appropriate to the material.

In the case of hand-woven and certain machine-made carpets, the loss of fibres is a natural process that will diminish over time (but will not disappear completely).

In the case of upholstered seating, especially in the soft comfort versions, the upholstery or leather covering does not fully smooth out on the seating or the upholstery moulds to the body during use. International standards allow for a tolerance of 30 mm, and the tolerance depends on the material of the upholstery. Fabrics and leathers will also stretch slightly during use. This furniture will require constant maintenance: it is important to smooth out major creases by hand, to smooth out unevenness in the filling by tapping, to shake up furniture elements that are removable. During the natural wear and tear of seating furniture, change position frequently to ensure even wear and turn cushions regularly where possible.

In the case of modular seating or functional furniture elements, there may be differences in comfort between the different units. These differences, differences in strength, are based on design and do not constitute a complaint.

Cushions and backrests often lose their shape due to their filling: this is a natural process, they need to be shaken regularly and their filling material straightened to achieve their original shape.

The size of upholstered furniture may vary by +/-3% depending on the comfort of the upholstery and the furniture, and the same tolerance applies to cabinet furniture.

Natural fuzziness and function, design-induced fuzziness: fuzziness is a natural property of upholstery. The extent of this depends on the composition of the fabric, the density of the weave and the degree of use. For furniture elements with a function (e.g. electronic seat depth adjustment), when materials slide over each other, fluffing is inevitable over time. These fuzzings can be easily removed with a fuzz remover, and no guarantee can be given for fuzzing due to the characteristics of the material and function.

On some fabrics (especially velour, velvet and chenille), the fabric may fade in certain areas during use and the fibres may be exposed to heat and body fluids. The direction of the fibres of some elements of the furniture may vary, resulting in a darker or lighter colour, or different colours when viewed from different angles.

The armrests of seating furniture have a design function on the one hand, and on the other hand they support the arm: they can be loaded with the weight of the human body, jumping on them or sitting on them is prohibited, and no warranty claims can be made for such damage.

Minimal variations (stains, bubbles, colour variations, etc.) on the surfaces of furniture and accessories (antiquing, varnishing, glass blowing, sintering, drying, etc.) may also be due to manufacturing technology.

Damage, scratches, splinters and stains caused by pets Animal hair is particularly difficult to remove from furniture upholstery, so regular professional cleaning and covering with extra blankets is highly recommended.

New furniture may have a natural tendency to “smell” when handed over. This smell will go away in a few weeks/months depending on the climate, ventilation and the nature of the smell. Some natural materials (wood, leather) may retain their “typical” smell.

It is particularly important that furniture is installed on a level wall/floor and only loaded with the permitted weights. During use, these deviations/loads may result in damage to the furniture, but no warranty claims can be made for these. 

• RIGHT OF WITHDRAWAL

The Customer has the right of withdrawal with regard to products made to individual order only until the production of the product(s) begins, i.e. he is entitled to withdraw from his order before the start of performance. In this case, the amount paid at the time of the order will be returned to the Customer.

 

Except for the above case, however, the Customer is not entitled to the right of withdrawal 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.

• COMPLAINT HANDLING

In the cases specified in Article 18 (1) of Act CLV of 1997 on Consumer Protection, the Customer is entitled to turn to the Conciliation Board. The name and contact details of the Conciliation Board competent for the seat of the Company: Budapesti Kereskedelmi és Iparkamara mellett működő Budapesti Békéltető Testület (Address: 1016 Budapest, Krisztina krt. 99., Phone: 06-1-488-2131, Fax: 06-1-488-2186, E-mail: bekelteto.testulet@bkik.hu).

The Company aims to fulfil all orders with the appropriate quality and to the full satisfaction of the Customer. If the Customer has any complaints about the contract or its performance, he/she may only make such complaints in writing by sending an e-mail to the following addresses or by telephone to the following telephone number:

• By e-mail: muuska@muuska.hu
• By phone: +36703860009

To resolve your complaint, you must provide all the details of the order in question, including the confirmed order code number, so that we can identify the performance affected by the complaint. The Company will investigate complaints received by telephone as soon as possible and will inform the complainant of its position and, where possible, rectify the complaint. If the Customer does not agree with the response to his/her verbal complaint or if the Company is unable to investigate the complaint immediately, the complaint must be sent in writing.

In this case, we will proceed in accordance with the provisions for written complaints as set out below.

The Company will respond to the written complaint in writing within 30 days at the latest. It shall state the reasons for its rejection of the complaint. A copy of the reply shall be kept for 3 years and shall be presented to the supervisory authorities upon request.

If the Customer does not agree with the handling of the complaint, the Company shall immediately take a record of the complaint and its position on the complaint and provide a copy to the Customer.