The Customer: any natural person, legal person or organization without legal personality, with whom the Contractor concludes a contract.
The Contractor: the Multistone Center Kft. Enterprise is considered a person acting within the scope of his profession, independent occupation or business activity according to the Civil Code [8:1. Section (1) Paragraph 4].
Consumer: A natural person acting outside the scope of his profession, independent occupation or business activity according to the Civil Code.
Legal persons can only be considered consumers if the contract is concluded in an area that is not related to their economic or professional activity in any way.
Raw material producer: the manufacturer or supplier of raw materials used by the Contractor.
The Contract:
a bilateral legal statement signed by the Parties, a written acceptance statement of the Contractor’s written offer
accepted by the Customer with unchanged content, a written confirmation statement of the Contractor confirming the Customer’s written order.
Written statement: a statement made in an e-mail is also considered a written statement.
The Contractor is not obliged to check whether the person acting as the Customer was authorized to make or accept an offer.
The Contractor has published these GTC on its website and made them available at the company’s registered office, thereby enabling the Customer to familiarize themselves with their content prior to concluding the contract.
If the GTC and other terms of the Contract differ from each other, the latter shall become part of the Contract. If the individual Contract does not provide for a condition, the GTC shall apply to that condition as an underlying rule without any special stipulation.
The Contractor reserves the right to unilaterally amend the GTC at any time, but shall
however, make the GTC in force at all times accessible to anyone on its website and at the company’s registered office. The Contractor shall provide information on the fact of the amendment of the GTC on its website.
In cases not regulated in the GTC, the provisions of Hungarian law shall prevail.
The Contract and the GTC contain all statements of the Parties, the Parties shall not enter into any oral agreement aimed at supplementing or amending the contract other than the Contract validly concluded in writing, and any reference to it by any party shall be incapable of producing legal effect.
Upon the conclusion of the Contract, all oral agreements of the Parties relating to the given contract – prior to the conclusion of the Contract – shall cease to be valid.
Name: Multistone Center Kft.
Registered office: 2360 Gyál, Bánki Donát utca 17.
Tax number: 24834991-2-13
Company registration number: 13 09 168330
Financial transaction code: OTP Bank Nyrt. 11742551-20004628-00000000
Web: www.multistone.hu
It is the Customer’s responsibility to specify the service to be provided by the Contractor.
The Customer is obliged to specify the ordered service accurately and carefully at the time of ordering at the latest.
If the service is specified by the Customer according to precisely defined
technical parameters, the Contractor shall perform the service exclusively in accordance with these.
The Contractor shall perform the service within the deadline specified in the Contract, at its site,
branch, or at a place specified in writing by the Customer.
If the individual contract concluded with the Customer contains a requirement regarding the product that must be met, the Contractor shall
manufacture the product accordingly. If the parties have not specified such a requirement in the individual contract, the Contractor shall not be obliged to meet the Customer’s subsequently specified conformity requirements.
The Contractor shall not be liable for the suitability of the service for any purpose.
The Contractor shall be entitled to refuse to perform the service if the Customer has an overdue debt towards the Contractor.
The Customer is obliged to inspect the service. The place of inspection is the place of performance: the place specified in writing by the Customer, and the time is the time of performance.
The Customer is obliged to inspect the service before using the service – in particular, combining it with other products or installing it. By using the product or service – in particular, combining it with other products or installing it – the Customer acknowledges that the product or service was faultless, i.e. the Contractor performed it faultlessly.
The risk of damage passes from the Contractor to the Customer upon the transfer of the service to the Customer or the Customer’s performance assistant.
The Contractor is entitled to use a performance assistant during the performance of the service.
The request for a quote must always include the following data and information:
– Name of the material manufacturer, collection name, article number and size of the covering;
– Thickness of the countertop;
– Location of survey and installation, or indication of the Customer’s intention to receive the product on site;
– Technical drawing of kitchen appliances (not purchased from us) and products related to the countertop (undermount or surface-mounted sink, hob, socket, faucet, extractor, detergent dispenser, etc.);
– Dimensioned drawing, holes, sink position, tap hole location, exact location, quantity, type of sockets, exact location of hob, exact location of extractor;
– Furthermore, all data and information that the Contractor requests from the Customer by separate
invitation.
When designing the furniture, the Customer shall take the attached design guide into account,
because the warranty can only be enforced in the event of any damage, if everything complies with what is described here.
When placing the order, the Customer shall inform the Contractor of the exact location of the installation, especially the so-called special circumstances, namely that the location of the installation is on the first floor, the fact of a narrow staircase, the fact of the lack of an elevator, or any other special circumstances that differ from the general ones and significantly affect the work.
The Customer shall reimburse any additional costs resulting from the failure to provide this information. After the business contract enters into force, additional costs may arise in view of the special circumstances that have come to the attention and established during the on-site survey, which the Customer shall reimburse.
The existence of special circumstances that have come to the attention of the Contractor shall in any case entail a modification of the business fee. The Client is obliged to ensure safe and peaceful working conditions if the property serving as the installation site is in a condominium or in a property in which the installation affects neighbors.
If the Contractor is unable to carry out his activities in peaceful circumstances due to a neighbor dispute, he may withdraw from the work area without any justification, which fact may modify or extend the commitment period specified in the contract deadline.
During the installation period, the Client is obliged to ensure that his Contractors and employees from other sectors do not disturb the work area. In the event of disturbing circumstances, the Contractor is entitled to withdraw from the work area without justification, which fact may modify or extend the commitment period specified in the contract deadline.
These circumstances may also cause additional costs, from which the Client is obliged to reimburse the resulting additional expenses and additional costs.
The automatic e-mail confirming receipt of the order does not constitute acceptance of the order. The order constitutes an offer to conclude a contract.
The contract is established by sending the “Order Confirmation” or by concluding a “Contract Agreement” and is fulfilled by installing the ordered and then manufactured product, or by taking over the project and paying its consideration.
The Contractor has the right to refuse to accept the order if the buyer has previously failed to fulfill his obligation to take over the goods or pay for the goods, or has otherwise violated the individual or General Terms and Conditions of Contract, and if he is in arrears with payment to the seller.
The Contractor shall respond to the request for a quote received from the Customer within 3 working days. In the case of incomplete and incomprehensible parts, the Contractor shall call on the Customer to fill in the gaps and clarify them, and the Parties shall agree in writing to this effect.
When ordering the counter, the Contractor shall exclude its liability for misunderstandings resulting from incorrect calculations submitted by the Customer during the order and the design based on them.
If the Customer accepts the price offer, it is necessary to notify the Contractor of this fact in writing by post or e-mail. In the case of communication by e-mail, the Parties shall order a reading and delivery confirmation along with the e-mail. In the event of failure to do so, the sender shall be responsible for proving that the other party has become familiar with the content of the e-mail sent to him.
In all cases, the Customer shall indicate the expected date of the counter survey.
The Customer acknowledges that Multistone Center Kft. does not keep all the materials it distributes in stock. The current product range of different manufacturers may change, for which Multistone Center Kft. excludes liability. In these cases, the Contractor will propose an alternative product, simultaneously with the issuance of a new price quote.
Multistone Center Kft. will confirm the order by reply e-mail and at the same time issue the advance payment request for a minimum of 50% of the gross price, the payment deadline of which is 3 days from the receipt of the fee request. In case of failure to meet this deadline, a valid order will not be created; if the Customer intends to conclude a further contract, he is obliged to submit a new order. The Contractor will convert the business fee into forints on the date of issuance of the fee requests according to the current foreign exchange selling rate of OTP Plc. The final invoice amount is determined by the OTP Plc. foreign exchange selling rate on the date of issue of the final invoice.
After receiving the advance payment, the Contractor will send the advance payment invoice to the Customer by e-mail.
The business contract, the advance payment of the Contractor’s fee, enters into force at the moment of crediting the Contractor’s account.
After the contract enters into force, the materials necessary for production are received.
The failure of the raw material manufacturer to perform due to a product change is considered force majeure,
for which Multistone Center Kft. excludes liability. In this case, the Contractor shall propose an alternative product.
In the event of rejection, the Customer may withdraw from the contract, the Parties shall settle each other, and the Contractor shall return the advance payment paid by the Customer after deducting the costs proven to have been incurred up to that point. After the entry into force of the Contractor’s contract, the Customer shall be obliged and responsible to provide information about the date of the survey.
If the Customer fails to fulfill this obligation, the Contractor shall first call the Customer to fulfill his obligation by e-mail, and if this fails, by post in writing.
In the event of withdrawal, if the Customer later decides to still order the work, in that case – taking into account all the circumstances of the case, if there is no loss of interest – Multistone Center Kft. may issue a new offer.
Multistone Center Kft. reserves the right to refuse to issue a new offer in cases where it is not in a partnership with the Customer.
If the price of the raw material increases by at least 3% compared to the market price known at the time of conclusion of the Contract by the time of commencement of production, and if the raw material is provided by the Contractor, the Contractor is entitled to demand a proportional increase in the Consideration – in writing.
If the Customer does not agree to the price increase in writing within 2 (two) working days or does not declare in writing about the appropriate increase in the Consideration within 2 (two) working days, the Contractor is entitled to unilaterally withdraw from the Contract by means of a written declaration. In this case, the Contractor is not liable for any obligations – e.g. liquidated damages, damages. If a change occurs during production or performance, the Contractor is entitled to enforce the consideration for the additional work against the Customer and to unilaterally change the performance deadline proportionally, but is obliged to notify the Customer in writing about this. The Customer acknowledges all of this and assumes the obligations associated with it.
In the event of late payment of the consideration, the Customer shall be liable for damages pursuant to Section 6:155 of the Hungarian Civil Code. Pursuant to § 1, in the case of a monetary debt denominated in a foreign currency, the default interest shall be the base interest rate of the issuing central bank for the given currency, or, failing that, the money market interest rate, plus eight percentage points, as well as an amount in forints corresponding to forty euros in accordance with Act IX of 2016 on the flat rate for collection costs, determined on the basis of the official foreign exchange rate of the Hungarian National Bank valid on the starting date of the delay (hereinafter: flat rate for collection costs).
Provision of raw materials by the Customer
In the event of a shortage or inadequate quality of the raw materials, the Customer shall be obliged to prove the quantity, quality and the fact and date of delivery to the Contractor. The Contractor shall not be liable for late performance due to the late provision of the raw materials to the Contractor.
The Contractor shall not be obliged to examine the quality of the raw materials. In the event of provision of the raw materials by the Customer, the Contractor shall exclude its liability for the quality of the raw materials.
In the event of provision of the raw materials by the Customer, the Customer shall immediately compensate the Contractor for any damage caused to the Contractor’s machines and other equipment due to a defect in the raw materials.
The Customer is also obliged to pay the full price of the service to the Contractor if the defect or inadequate quality of the product manufactured by the Contractor can be traced back to the fact that the Customer provided defective or inadequate quality raw materials.
In the course of a contract concluded between the Contractor and the Customer, if the performance fails or is delayed due to reasons attributable to the Customer, in that case the Contractor may charge a cost for the storage of the manufactured product, which the Customer is obliged to reimburse. The Contractor may also charge a storage cost in the event of termination of the contract, if the Customer has not yet started to process the raw materials received from the raw material manufacturer for the Contractor, but the Customer has reimbursed its value. You may also charge storage costs in all cases where the contract has been terminated, the ordered product has been manufactured and the Customer has not delivered it upon request.
The ordered work will be surveyed after the furniture has been installed, i.e. after the final adjustment and leveling. The Customer must notify the request for the survey date at least 10 working days in advance. After this, the survey data sheet sent by the Contractor will be approved by the Customer.
We will not start production until the final quote is accepted, changes in size may affect the required quantity of boards, thus the deadline and the total amount, as well as the tone of the material may also change.
Multistone Center Kft. excludes liability for any delay resulting from the failure to indicate a suitable time for the survey. For the ordered work, kitchen appliances and other equipment to be installed that were not ordered and purchased from the Contractor must be available on site. Failing this, the Contractor will refuse to carry out the survey.
In the event of changes in kitchen equipment and other products to be installed after the survey, the provisions for preparing a new offer shall also apply, with the exception that Multistone Center Ltd. shall not be liable for any failure to do so due to the Customer’s fault.
Information required for the survey:
– If the corpus support at the counter ends and corner elements is not available, it is required that the fixing tabs be attached.
In the absence of this, the material may warp or break without support. Multistone Center Ltd. shall not be liable for any damage resulting from this failure.
– All kitchen equipment must be on site, positioned precisely in the furniture.
– The exact position of all cutouts belonging to the ordered work is required.
– The Contractor will not accept any modification after the survey, in which case a new survey is required, for which the Contractor will charge additional costs, which the Client is obliged to reimburse.
– Modification after the survey also affects the installation date. After the final survey drawing is submitted, a new date can be agreed upon. This circumstance also modifies the final completion date set out in the contract.
– The installation date can be determined after the survey, which in all cases is
informative and largely depends on the need for any possible deficiencies.
This circumstance also modifies the final completion date set out in the contract.
The condition for installation is the payment and settlement of 90% of the business fee.
Our undertaken installation work applies exclusively to the counter and back wall panel. We are not authorized to perform related professional work (installation, commissioning and connection of siphon, hob, socket, extractor, other kitchen equipment). The dismantling and removal of the temporary counter is the responsibility of the Customer. In case of failure to do so, the Contractor will refuse to perform the work and will leave the work area.
Important information regarding installation:
The Contractor’s board sizes vary depending on the ordered material, therefore, in the case of
sizes above the board size, the counter can only be made with visible joints.
– Covering and glass or other back wall can only be installed after the counter has been installed.
If the cladding or other back wall is installed prior to the installation of the counter, the Contractor shall not be liable for any damage to the cladding or back wall during the installation.
Certificate of Completion
The Contractor shall hand over the completed product/business activity, the warranty certificate related to the business activity, the warranty certificate of the raw material manufacturer, the product instructions, and the final invoice to the Customer as part of the handover procedure. During the handover, it is not necessary to examine the properties of the products that certify their quality.
The handover report must be signed by the Customer or a person authorized by him in a private document or public document with full evidentiary force.
With this signature, the ordered work is accepted by Multistone Center Kft.
The authorized person must be present when the product is delivered, when it is brought into the property, and during installation. He must read the handover report and, after interpretation and consultation, sign it. Those present shall record their comments in the report. The presence and signature of the authorized person shall be considered as if the authorized person had acted in person. In the event of an unauthorized refusal to sign, it shall be considered that the Customer has acknowledged the Contractor’s performance in accordance with the contract. The Customer or the person authorized by him must ensure that the business contract concluded on the basis of his Order and the installation meet his requirements in all respects.
The Customer has the right and obligation to report any irregularities, errors or deficiencies on site and to stop the work. The Parties shall record this fact in the minutes. The Contractor shall exclude liability for any damages resulting from failure to do so.
As a result of the installation, Multistone Center Kft. shall be liable for any damages arising from the installation at the installation site and arising in a causal relationship with the installation.
In the event of damage occurring, the Parties shall immediately report it after the damage is detected, which shall be recorded in detail in the handover and acceptance minutes and documented using a video recording device.
The Customer shall reimburse the remaining part of the business fee within the performance deadline stated on the final invoice. In the case of a private customer, in the event of failure to settle the final invoice, the Contractor is not obliged to send a separate notice of performance to the Customer, but may directly use the means of legal enforcement. In the case of a legal person Customer, the provisions of Act XLIX of 1991 on Bankruptcy and Liquidation Proceedings shall apply.
7.1. On-site collection
In the case of on-site acceptance, the Customer shall ensure the survey and installation of the ordered work. In this case, the Customer shall provide the exact installation dimensions exclusively in digital form or by sending a 1:1 template.
In the event of damage resulting from incorrect dimensions provided by the Customer, Multistone Center Kft. excludes its liability. The Contractor shall exclude warranty liability for products delivered from the site due to installation not carried out by us.
7.2. Delivery of raw materials by the Buyer:
In the event of a shortage or inadequate quality of raw materials, the Customer shall be obliged to prove to the Contractor the quantity and quality of the delivered raw materials, as well as the fact and time of delivery. The Contractor shall not be liable for any delay in performance resulting from the late delivery of the raw materials to the Contractor.
The Contractor shall not be obliged to check the quality of the raw materials. The Contractor shall not be liable for the quality of the raw materials if the raw materials are delivered by the Customer.
In the event of the delivery of raw materials by the Customer, the Customer shall immediately compensate the Contractor for any damage caused to the Contractor’s machines and other equipment due to defects in the raw materials.
The Customer shall be obliged to pay the Contractor the full price of the service even if the defect or inadequate quality of the product manufactured by the Contractor results from the Customer delivering defective or inadequate quality raw materials.
If the Customer wishes to use the Contractor’s warehouse for storage services that are exclusively related to the order, the Customer has 14 (fourteen) days from the arrival of the goods at the warehouse to receive the goods. If the Customer does not deliver the goods within 14 (fourteen) days from the arrival of the goods at the warehouse, the Contractor is entitled to claim from the Customer the costs of unloading and loading the goods and the storage fee (hereinafter collectively referred to as: “Storage Fee”), provided that the amount and detailed conditions for charging the storage fee are contained in the document entitled “Storage Regulations” published on the Contractor’s website.
In the event of failure or delay in the performance of the contract between the Contractor and the Customer due to reasons attributable to the Customer, the Contractor may charge the Customer the costs for storing the manufactured goods, which the Customer is obliged to pay. The Contractor may also charge storage costs in the event of termination of the contract if the Customer has not yet started processing the raw material received from the raw material manufacturer, but the Customer has reimbursed the Contractor for the cost of the raw material. The Contractor may also charge storage costs in any case where the contract has been terminated, the ordered product has been manufactured, and the Customer has not delivered it even after being notified.
If, after installation, a new outing becomes necessary through no fault of our own, in that case, we will charge the outing fee.
Multistone Center Kft. is liable for the products it manufactures and distributes in accordance with the Civil Code. This is subject to intended use.
The warranty and guarantee relating to the products consists of two parts.
One is the warranty and guarantee given by Multistone Center Kft. to the manufacturer of the raw materials ordered and purchased by the Customer and the other is the warranty and guarantee given in connection with the business activities carried out by Multistone Center Kft.
The warranty period prescribed by law applies to the products manufactured and installed by Multistone Center Kft. A warranty claim for a product with a warranty card can be made with a copy of the invoice and the original warranty card.
For products without a warranty card, the invoice or a copy of it is required to make a claim. Improper use, repair, modification of the products and related
defects are outside the scope of the warranty.
Warranty administration:
No warranty can be applied for damages caused by use that is incompatible with the instructions for use, deviation from intended use, or use under operating conditions other than those indicated in the documentation or the relevant catalogue.
If the complaint is unfounded, after the defect has been discovered, the Contractor will send the buyer a quote for the expected repair cost. If the buyer agrees to reimburse the repair cost, Multistone Center Kft. will carry out the repair and issue an invoice for the repair cost to the buyer. If the buyer does not request the repair, the costs incurred up to that point will be invoiced (transport, fault assessment, etc.)
Customer comments / complaints:
The place of validation of the complaint is the registered office of Multistone Center Kft., method, by e-mail, by post or in person. In case of warranty issues, we will immediately examine the problem after consultation in person/by telephone/by e-mail. In case of comments sent by e-mail, we will respond within 5 working days for further consultations.
You can find the warranty conditions related to the products here.
Downloadable documents:
Maintenance and handling instructions:
Design manuals:
A Multistone Center Kft. employee will provide assistance in administrative matters.
Requests and complaints book
You can send us your comments and suggestions to the email address info@multistone.hu.
With regard to defective performance, the provisions of Section 6:157 of the new Civil Code (Ptk.) on defective performance are applicable. According to this, the obligated party performs defectively if the service does not meet the quality requirements established in the contract or legislation at the time of performance.
The Contractor does not perform defectively if the Customer was aware of the defect at the time of conclusion of the contract or performance, or should have been aware of the defect at the time of conclusion of the contract or performance.
Based on the Enterprise Contract, it shall be presumed, until proven otherwise, that a defect recognized by the Customer within six months of performance already existed at the time of performance, unless this presumption is incompatible with the nature of the matter or the nature of the defect.
In practice, this means that in the event of a defect recognized within six months, the burden of proof lies with the enterprise.
Warranty of Goods
The Contractor is liable for a warranty of goods for any defect that occurs during the Handover and Acceptance due to a defect that already exists in the product.
This liability is only based on a defect in the product, the cause of which is already present in the product at the moment of handover, but cannot be recognized at that time (hidden or manufacturing defect).
Product warranty
In the event of a defect in a product delivered by the Contractor to the Customer and received by the Customer (or by his authorized representative), the Customer may require the Contractor to repair the defect in the product or – if repair is not possible within a reasonable time limit and without prejudice to the Customer’s interests – to replace the product.
A product is defective if it does not meet the quality requirements in force at the time the product was put on the market by the manufacturer, or if it does not have the properties specified in the description provided by the manufacturer.
The Contractor is only exempt from the product warranty obligation if it proves that
In the event of a replacement, the Contractor shall be liable for the replacement product and in the event of a repair, for the part of the product affected by the repair.
Notification and claim enforcement deadlines
The Customer shall notify the Contractor of the defect without delay after discovering the defect.
A defect notified within two months of discovering the defect shall be deemed to have been notified without delay. The Customer shall be liable for any damage resulting from the delay in notification.
The Contractor shall be liable for the product warranty for two years from the date of handover of the given product by him. After this deadline, the right shall be forfeited.
Product warranty in the event of a change of ownership
In the event of a transfer of ownership of the product, the new owner may assert the product warranty rights against the Contractor.
Warranty
Under the warranty, also known as guarantee, the Contractor is liable for flawless performance in such a way that in the event of a quality complaint arising during the warranty period, he is only exempted from liability if he proves that the cause of the defect arose after performance, typically due to improper use or handling of the product by the consumer.
There are two types of warranty:
The Contractor applies the rules based on the law, which provide for the so-called mandatory warranty.
Warranty entitlement in the event of a change of ownership
In the event of a transfer of ownership of the thing, the new owner may assert the rights arising from the warranty against the party that undertook the warranty.
Enforcement of the warranty claim
The warranty claim can be asserted within the warranty period specified in the law.
If the Contractor obliged to provide the warranty fails to comply with its obligation upon the notice of the entitled party – within an appropriate time limit -, the warranty claim may be asserted before a court within three months of the expiry of the deadline set in the notice, even if the warranty period has already expired. Failure to meet this deadline shall result in forfeiture of rights.
The rules governing the exercise of warranty rights shall otherwise apply to the enforcement of the warranty claim.
The entitled party may switch from the chosen warranty right to another. The Contractor shall be obliged to pay the costs caused by the switch, unless the Contractor, as the obligor, gave a reason for the switch or the switch was otherwise justified.
Order of warranty rights
Whether the Customer “refers” to a warranty or guarantee, in the event of defective performance,
He is entitled to four types of so-called warranty rights based on the provisions of Section 6:159. (2) of the new Civil Code: repair / replacement / price reduction / purchase price refund claim (so-called withdrawal). It is important that the consumer is also entitled to the same four types of rights in the event of a quality complaint related to the warranty of goods and in the case of a product covered by the mandatory warranty.
Based on his/her warranty claim, the entitled party may, at his/her choice, request repair or replacement, unless the fulfillment of the chosen warranty right is impossible, or if it would result in disproportionate additional costs for the obligated party compared to the fulfillment of another warranty claim, taking into account the value of the service in a faultless condition, the gravity of the breach of contract and the harm caused to the entitled party by the fulfillment of the warranty right; or he/she may request a proportionate reduction in the consideration, repair the defect himself/herself or have it repaired by someone else at the expense of the obligated party, or he/she may withdraw from the contract if the obligated party has not undertaken the repair or replacement, is unable to fulfill this obligation under the conditions set out in the law, or if the entitled party’s interest in the repair or replacement has ceased.
The Contractor undertakes a warranty for goods specified in the legislation from the date of performance of the service, with the exceptions set out in these GTC.
The Customer is obliged to notify the Contractor of the defect without delay after discovering the defect he suspects. The Customer is liable for any damage resulting from the delay in notification.
There is no right to withdraw from the contract due to an insignificant defect.
The Contractor will only accept a complaint if more than 1% of the ordered product is of inadequate quality. If at least 99% of the service complies with the provisions of the Contract, the Contractor’s service is deemed to be in accordance with the contract and the Customer is not entitled to a complaint.
If the product is intended for further use, installation, combination with other products, etc. by the Customer. is, the Contractor will accept complaints within 3 (three) months from the date of delivery, but even then only if the product has not yet been used.
In this case, the rightholder’s warranty claim shall expire within 3 (three) months from the date of performance.
If the Contractor sells a finished product to the Customer, the Contractor shall accept a complaint within 6 (six) months from the date of performance.
In this case, the rightholder’s warranty claim shall expire within 6 (six) months from the date of performance.
The Contractor shall exclude its liability in the event that, following the use, installation, combination with other products, etc. of the product by the Customer, the Customer or the Customer’s Customer shall make any claim, objection or complaint regarding the product sold to them by the Customer.
The Customer is obliged to notify the Contractor of the complaint in writing, stating precisely, identifiably, and supported by a photograph, why the product is considered defective.
The Contractor shall investigate the complaint within 5 working days of receipt of the complaint and make a decision on its validity, of which it shall inform the Customer in writing.
The costs related to the fulfillment of the warranty obligation shall be borne by the obligor – i.e. the Contractor. An exception is the case if the failure of the item to perform maintenance the rightful owner also contributed to the failure of the item, the rightful owner shall bear the costs incurred in fulfilling the warranty obligation in proportion to his contribution, if he had knowledge of the maintenance of the item, or if the obligor has fulfilled his obligation to provide information in this regard.
In the case of a contract between the Customer and the Contractor, the Customer’s claim for a warranty of conformity expires two years from the date of performance.
The part of the repair period during which the entitled party is unable to use the thing as intended is not included in the limitation period. The limitation period for the claim for a warranty of conformity begins anew for the part of the thing affected by the replacement or repair.
This rule shall also apply if a new defect arises as a result of the repair.
Cases of exemption from warranty liability
Exemption may be granted in two cases:
handover;
Burden of proof
Under the warranty, the Contractor is only exempt from liability if he proves that the cause of the defect occurred after the performance (for example, due to improper use by the customer).
In contrast, under the warranty, the main rule is that the Customer is obliged to prove that the cause of the defect already existed in the product at the time of conclusion of the contract or acceptance and that the defect was not caused by the customer’s improper use.
An exception is the case where, in the event of a defect recognized within 6 months of performance, it must be presumed (considered) that the cause of the defect already existed at the time of performance.
Accordingly, the Contractor is only exempted from liability for shortages of supplies occurring in the first six months if he proves that the product was flawless at the time of handover, i.e. the cause of the defect arose after the performance, due to improper use of the product.
During the entire warranty period and the first 6 months of the warranty period, the Contractor bears the burden of proof, i.e. he is only exempted from liability if he proves that the cause of the defect arose after the performance.
However, it should be emphasized that this presumption only applies to consumer (see definitions) contracts under the Civil Code in the case of a warranty, so this rule does not apply to a buyer who is not a consumer under the Civil Code. In order for a buyer who is not a consumer to successfully enforce his warranty rights in the event of a defect detected within 6 months of performance, he must prove that the cause of the defect already existed at the time of performance.
There is an exception to the exception, i.e. the presumption referred to is not applicable, so the burden of proof is still on the consumer during the first 6 months of the warranty, if the presumption is incompatible with the nature of the thing or the nature of the defect.
Government Decree 45/2014. (II. 26.) governs the detailed rules of contracts between consumers and businesses.
The method of consumer dispute resolution: a complaints book established by the entrepreneur.
The complaints book is an A/4-sized, printed booklet. Its name and the main provisions of the relevant law are printed on its cover in large letters. The book cover is certified by the local notary with a seal, national-colored thread, and his signature.
The form consists of twenty, numbered, triplicate pages.
If the buyer has any complaints about the product, he can make his complaint verbally or in writing by entering it in the buyers’ book. The buyer may not be prevented or influenced in the exercise of this right.There is an exception to the exception, i.e. the presumption referred to is not applicable, so the burden of proof is still on the consumer during the first 6 months of the warranty, if the presumption is incompatible with the nature of the thing or the nature of the defect.
Government Decree 45/2014. (II. 26.) governs the detailed rules of contracts between consumers and businesses.
The method of consumer dispute resolution: a complaints book established by the entrepreneur.
The complaints book is an A/4-sized, printed booklet. Its name and the main provisions of the relevant law are printed on its cover in large letters. The book cover is certified by the local notary with a seal, national-colored thread, and his signature.
The form consists of twenty, numbered, triplicate pages.
If the buyer has any complaints about the product, he can make his complaint verbally or in writing by entering it in the buyers’ book. The buyer may not be prevented or influenced in the exercise of this right.
Consumer Protection Foundations
The aim of the foundation is to attempt and assist in the settlement of a dispute between a consumer and a business entity, a consumer dispute, based on an agreement. The foundation is not an office, not a superior body of any company, and has no procedural powers. It is a free consultant and mediator, which, in addition to its expertise, also uses the power of the public for consumer rights – in a good sense.
Conciliation body: Conciliation
Board operated by the Pest County Chamber of Commerce and Industry (Pest County Conciliation Board) 1055 Budapest, Balassi Bálint u. 25. IV/2.
The procedure is initiated upon request and is free of charge. The condition for initiating the conciliation body procedure is that the consumer declares that he or she has directly attempted to settle the complaint with the business entity concerned. The application shall be submitted in writing to the President of the Conciliation Board. During the procedure, the President of the Council shall attempt to reach an agreement between the parties. If the agreement complies with the law, the Council shall approve it by resolution; otherwise, or in the absence of an agreement, the procedure shall be continued. The Council shall conclude the procedure within sixty days of the commencement of the procedure. In justified cases, this deadline may be extended by a maximum of thirty days.
Legal options
As a last resort, the parties will go to court, depending on the value of the dispute, submitting themselves to the jurisdiction of the Dabas District Court or the Budapest Regional Court.
Information obligation
The contracting parties are obliged to cooperate with each other. In this context, they are obliged to inform each other of all material issues and circumstances related to the contract.
The contracting party communicating them is obliged to put legal statements, complaints, notices or information concerning performance in writing and hand them over to the representative of the other contracting party, or send them by registered letter or e-mail to the registered office of the contracting party.
The contracting parties acknowledge that they may not later refer to facts or circumstances in relation to which they did not comply with their obligation to provide written information despite their better knowledge.
The management of warranty rights is based on the invoice issued after the installation of the product, the issuance of the performance certificate and the warranty letter issued by the Contractor and the Contractor of the raw material.
Multistone Center Kft. is obliged to inform the Buyer about the method of requesting the warranty certificate.
The warranty certificate is issued by Multistone Center Kft.
Multistone Center Ltd. limits its liability for the damage caused to the extent of the business fee. The limitation does not apply in the event of a breach of contract caused intentionally or in the event of a breach of contract causing harm to human life, physical integrity or health.
The Contractor excludes its liability for compensation for lost financial benefits.
The Contractor excludes its liability in the event that, following the use, installation, combination with other products, etc. of the product by the Customer, the Customer
or the Customer’s Customer makes any claim, objection or complaint regarding the product sold to it by the Customer.
The Contractor excludes its liability for compensation if the Customer has not fulfilled its obligation to inspect the product at the time of installation.
If the Contractor excludes a method of use, the Customer shall bear all damages resulting from the use of the service contrary to this and from incorrect storage. The liability for damages only applies to new devices installed by the Contractor; the Contractor is not liable for damages resulting from defects in existing devices or damages resulting from improper installation or use; the warranty cannot be enforced in this context.
The Contractor shall only be liable for damages that do not arise in the ordered product in the event of
imputability.
The Contractor shall exclude its liability for damages if the cause of the damage is that
the Customer’s executive officer, employee, agent (execution assistant) does not comply with the rules applicable at the
Contractor’s registered office, site or branch.
The Contractor shall exclude its liability for damages resulting from any failure of the
structure serving as the basis/receiving the product to be installed.
The Contractor shall exclude its liability for cases where the product to be installed is subjected to a
weight load that results in damage to it and the structure supporting it. The contractor excludes liability in the event that the product is exposed to any external, physical, chemical or weather effects that cause any changes or damage to it. In the case of a product installed prior to the issuance of a permit for use, the contractor shall set the maximum amount of its liability for damages at 75% of the contractor’s fee. It shall be exempt from liability if and to the extent that it has been proven that after the installation of the product, work was carried out on the property that is causally related to the damage to the product. In the event of unavoidable external circumstances – such as acts of God, strikes, weather conditions, Covid-19 epidemics, other epidemics, etc. – the delivery deadline may be extended. In the case of production and construction, the completion deadline is determined by taking into account other ongoing deliveries.
In the event of force majeure affecting any party, the parties are obliged to negotiate in order to decide, if possible, by mutual agreement on the mitigation of damages, or, in the final instance, on the termination of the contract, depending on the nature of the force majeure.
In the case of project work, the expected completion deadline is determined in the offer taking into account the orders already accepted at the time of issuing the offer. If previous orders received between the issuance of the offer and the order (projects that have started in the meantime) justify a modification of this deadline, the Contractor is entitled to modify the completion deadline. The risk of damage passes to the Customer or the forwarder/carrier upon transfer. The shipment is insured at the Customer’s separate request and expense within the risk range specified by the Customer.
The Contractor may use a subcontractor during the performance of the work. The subcontractor is liable for the performance as if he had performed the work himself.
Withdrawal
If the Customer is in default with the obligation stipulated in the Contract – necessary for the commencement of the production of the product – or if he seriously breaches any of his obligations arising from the Contract, the Contractor shall be entitled to withdraw from the Contract and claim damages and lost profits against the Customer. The Customer may withdraw from the Contract at any time before the commencement of production, and may subsequently terminate the Contract with effect from the future until the performance is completed.
In the event of withdrawal, the Customer shall be obliged to pay a penalty, which amount shall be 10% of the gross contract fee. In the event of termination of the Contract, the Contractor shall be obliged to pay the Contractor a proportionate part of the Contract fee and to compensate for the damage caused by the termination of the Contract, provided that the compensation shall not exceed the Contract fee – i.e. the Consideration for the service.
Copyright
The Contractor reserves the copyright to its own technical solution described in the construction or project offer as an intellectual product.
Data protection, confidentiality
The Parties are obliged to preserve the specifications, plans, drawings and other oral or written information that they have come into their possession in the course of the performance of the contract and that are related to the organization and operation of the other party, and they may not disclose them. The technical content of any product that is the subject of the contract, the related idea, its part or annexes, shall be considered a trade secret. The Parties may not use any specifications, plans, drawings and other information that they have come into their possession in the course of the performance of the contract and that are related to the organization and operation of the other party without the prior written consent of each other, unless if it is necessary for the performance of the contract or for their own use of the product.
The Parties are obliged to treat all data related to the Contract or obtained from each other in connection with the Contract, including the creation and content of the Contract and any documentation and data transferred to each other at the time of the conclusion of the Contract and after the conclusion of the Contract, as strictly confidential. The Parties shall not disclose the above data to the public – except in court or official proceedings, at the request of the Parties’ legal representatives or financial advisors, and if required by legal obligation – without the prior written consent of the other Party, they shall not be communicated or made available to third parties.
The confidentiality obligation undertaken by the Contractor shall also extend to third parties (performance assistants, collaborators, subcontractors) who are involved in the performance of the Contract. The Contractor shall draw the attention of these persons to the confidentiality obligation undertaken in these General Terms and Conditions and in the Contract, and to their compliance with it.
The Contractor’s obligation to provide information does not extend to the method of creating the service, i.e. the Customer may not require the Contractor to disclose its intellectual products, know-how, technological processes to the Customer.
If the Contractor’s intellectual products, know-how or any data, information, etc. falling within the scope of a trade secret come to the knowledge of the Customer, the Customer is obliged to preserve it, and may not bring it to the knowledge of a third party, make it accessible to others, use it or disclose it to the public.
The obligation to maintain confidentiality shall remain in force for an unlimited period of time even after the termination of the legal relationship between the Parties, unless otherwise provided by mandatory legislation.
Following the termination of the legal relationship for any reason, the Contractor is obliged – at the Customer’s choice – to immediately return or destroy any document containing confidential data, or any copies or notes made of such documents, in relation to which it is subject to a confidentiality obligation.
In the event of a breach of the confidentiality obligation, the Contractor shall apply the legal consequences set out in the Civil Code, the Criminal Code and other legal acts against the Customer.
The Customer’s executive officer, employee, agent (performance assistant)
at the Contractor’s headquarters, site, branch shall comply with the provisions of the Contractor’s regulations,
legal regulations, labor protection regulations, and the instructions of the Contractor’s executive officers and employees.
If the Customer’s executive officer, employee, agent (performance assistant) does not comply with the rules governing the Contractor’s headquarters, site, branch, the Contractor shall be entitled – without the legal consequences of late performance – to prohibit such person from entering his headquarters, site, branch, or to ban such person from his headquarters, site, branch, or with immediate effect.
The Parties are entitled and obliged to make all notices, information, communications and all other legal statements arising from the Contract to the addresses specified in the Contract, and the Parties are obliged to notify each other in writing of any changes to these data within 5 working days of the change.
In the event that one of the Parties unsuccessfully attempts to send any of its legal statements, information, communications or communications by registered or registered mail with return receipt to the address provided by the other Party, the legal statement, information, communications or communications shall be deemed delivered, communicated and legally effective on the fifth day following the second unsuccessful sending.
The deadlines set out in the Contract shall commence on the day following the date of delivery of the legal statement, information, notification or communication to the other Party – including the fiction of delivery.
The Contractor shall strive to establish the best partnership relationship with its Customers and in the event of a dispute, shall always attempt to find the most favourable solution for the customer. In order to eliminate and limit any problems that may arise during business relations, the following general business terms and conditions shall apply to legal transactions during contractual relations:
Other contracts
Multistone Center Kft. shall be entitled to unilaterally amend these General Terms and Conditions.
The date of entry into force of these General Terms and Conditions: 01.09.2025.