Return and Refund Policy

Complaints and returns in relations to Clients who are not Consumers

(applies to Businesses)

1. This paragraph is applicable solely in relations to Clients who are not Consumers.

2. All Goods sold in the Shop are brand new, free from physical and legal defects unless clearly marked in the Goods description as used or refurbished.

3. All brand new and factory refurbished Goods are covered by a standard manufacturer's warranty.

4. Used goods are covered by a 30 day Seller's warranty.

5. The description of the Goods in the Shop indicates if the Goods are refurbished or used.

6. The Seller provides links to Goods Manufacturers' websites containing Goods warranty terms. The warranties define precisely who is liable on account of the granted quality warranty for the Goods and all other warranty terms are precisely defined.

7. The entity responsible on account of the warranty (in most cases the Goods Manufacturer) is responsible with respect to the Purchaser if the Goods contain a defect reducing its value or usability in terms of the objective in the Sale agreement defined or stemming from circumstances or Goods designation.

8. For defect notification deadlines to be observed as defined in the granted quality warranty, it suffices to send Goods defects notifications prior to the expiry of those deadlines via e-mail letter or recorded delivery.

9. If Goods defects become apparent during the term of the warranty and are covered by the warranty, the Client should demand physical defects to be remedied or for Goods free of defects to be supplied in accordance with the warranty granted by the entity responsible on account of the warranty.

10. Unless some other deadline is specified in the warranty, the deadline shall be taken to mean one year from the date the Goods were handed over to the Purchaser.

11. For Sale agreements concluded with Clients who are not Consumers the Service Provider's responsibility on account of the guarantee for physical defects is excluded.

12. If, during the warrantee consideration process it turns out that damage occurred for reasons attributable to the Client, the Seller shall be entitled to charge all costs associated with considering the warranty to the Client.

 

The Consumer's right to withdraw from the Agreement (return of Goods)(not applies to Businesses)

1. A Consumer may withdraw from a remote Sale agreement for Goods without stating reasons by submitting an appropriate statement in writing within 14 (fourteen) days of the Goods being handed over to the Consumer. For the deadline to be observed an appropriate statement is to be sent to the Seller prior to its expiry.

2. In the event of a withdrawal from a remote Sale agreement for Goods , the agreement is considered as not concluded and the Consumer is free from any obligations. That, which the Parties handed over, is subject to return in an uncharged state, unless a change was necessary within the scope of ordinary course of business. The said return should take place immediately and no later than within 14 days.

3. The Goods should be returned to the Seller's address.

 

Obligations of the Seller in the event of withdrawal

4. The Seller shall reimburse all payments received from the Consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the Consumer's decision to withdraw.

5. The Seller shall carry out the reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise and provided that the Consumer does not incur any fees as a result of such reimbursement.

6. Notwithstanding paragraph 4, the Seller shall not be required to reimburse the supplementary costs, if the Consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the Seller.

7. Unless the Seller has offered to collect the goods himself, with regard to sales contracts, the Seller may withhold the reimbursement until he has received the goods back, or until the Consumer has supplied evidence of having sent back the goods, whichever is the earliest.

 

Obligations of the consumer in the event of withdrawal

8. Unless the Seller has offered to collect the goods himself, the Consumer shall send back the goods or hand them over to the Seller or to a person authorised by the Seller to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract to the Seller. The deadline shall be met if the Consumer sends back the goods before the period of 14 days has expired.

9. The Consumer shall bear the direct cost of returning the goods.

10. The Consumer shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

Exceptions from the right of withdrawal

11. The Consumer is not entitled to the right to withdraw from the agreement in the event of:

1) service contracts after the service has been fully performed if the performance has begun with the consumer's prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;

2) the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;

3) the supply of goods made to the consumer's specifications or clearly personalized;

4) the supply of goods which are liable to deteriorate or expire rapidly;

5) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

6) the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;

7) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;

8) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;

9) contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;

10) the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;

11) the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;

12) contracts concluded at a public auction;

13) the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;

14) the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

Non-compliance of Goods with the agreement (Consumer Complaints

1. The Service Provider as the seller is liable with respect of the Consumer for compliance with Goods Sale agreement purchased by the Consumer.

2. Complaints, on account of non-compliance of Goods with the Sale Agreement may be submitted in writing directly to the Service Provider's address or via e-mail.

3. In the event of a Consumer determining Goods compliance issues with the Sale agreement, the Consumer should send the Goods in question together with a description of the non-compliance to the Service Provider.

4. We suggest proof of purchase is attached to facilitate the complaints process.

5. The Consumer is obligated to inform the Service Provider regarding the identified Goods compliance issue with the Sale agreement within 12 months of identifying such a compliance issue, whereas the Service Providers liability on account of Goods non-compliance with the Sale agreement is valid for a maximum of two years following handing over of the Goods.

6. The Service Provider undertakes to consider every complaint within 14 days.

7. Once a complaint has been considered the Seller and Consumer shall arrange, via e-mail, telephone or in writing, the terms for repair or replacement of the Goods.

8. In the event of a repair or replacement not being possible the Purchaser may demand a price reduction for the defective product or a refund.

 

Terminating a service agreement

1. The Client may terminate a Service agreement without indicating the reasons by sending an appropriate declaration, and in particular via e-mail or in writing to the Sellers address.

2. For Clients who are Consumers the Service Provider may terminate the Service agreement, when the Service Buyer grossly or persistently breaches the ToS and in particular if they provide content of an illegal character, after an ineffective demand to cease or take down the breaches within an appropriate notice period. The breach of ToS has to be objective and illegal. In such an event the Service agreement expires after 14 days of the Service provider submitting a termination notice to the Service Buyer.

3. For Service Buyers who are not Consumers the Service Provider may terminate a Service agreement with immediate effect and without indicating reasons by sending an appropriate declaration to the Service Buyer.

Resolution of disputes

1. Resolution of possible disputes arising between the Service Provider and the Client who is a Consumer shall be adjudicated by courts with jurisdiction pursuant to appropriate provisions of the Civil Procedure Code.

2. Resolution of possible disputes arising between the Service Provider and the Client who is not a Consumer shall be adjudicated by a court with jurisdiction over the Service Provider's registered address.

Personal details

Clients' personal details shall be processed by the Service Provider pursuant to the principles as defined by the Privacy Policy, taking into account the provision of law in that scope, and in particular the Personal Data Protection Act.

Final provisions

1. The Consumer is entitled to negotiate the provisions of ToS. To that end the Consumer should contact the Service Provider via conventional post, e-mail or telephone.

2. In matters not regulated herein regulations as in force at present shall be applicable.

3. Clients may gain access to the ToS at any timer and free of charge via an Internet link located on the home page of the Shop and make printouts thereof.

4. Information regarding Goods as provided by the Shop, and in particular their descriptions, technical and operational parameters as well as prices constitute an invitation to conclude an agreement.

5. Exclusive rights to the content made available within the scope of the On-Line Shop, and in particular copyrights to photographs, Goods descriptions and categories, Shop name, the Service Provider's and Goods manufacturers' trademarks as well as graphical signs which are component parts thereof as well as rights within the scope of databases are subject to legal protection and are due to the Service Provider or those entities, with which the Service Provider concluded appropriate agreements. Copying or other uses of any elements of the Shop without the Service Provider's consent are prohibited.

 

Model withdrawal form

Date:

To: Serversystem LTD,

 

2. Gonda József

Hódmezővásárhely

Hungary

+36305427647

e-mail: info@rack-system.eu

 

I hereby give notice that I withdraw from my contract of sale of the following goods /for the provision of the following service:

1) Ordered on /received on .......................................................................................

2) Name of consumer,

3) Address of consumer,

 

Signature of consumer (only if this form is notified on paper),