(Based on Government Decree 45/2014 (II. 26.))
1. Right of Withdrawal – 14 Days Without Reasoning
As a private individual buyer (Consumer), you are entitled to withdraw from the purchase without providing any reason within 14 days.
Calculation of the 14 days:
- In the case of purchasing a single product: From the day you (or a third party designated by you, other than the carrier) receive the package.
- In the case of purchasing multiple products arriving at different times: From the day you receive the last product.
Important
- In the cases specified in Section 29 (1) of Gov. Decree 45/2014 (II.26.), withdrawal is NOT possible. In the case of our webshop, this particularly applies to perishable goods or goods that retain their quality for a short time, or sealed goods which cannot be returned for health protection or hygiene reasons once unsealed after delivery.
- You may also indicate your right of withdrawal during the period between placing the order and receiving it; you do not have to wait for the package to arrive.
HOW CAN YOU INDICATE YOUR WITHDRAWAL?
Please indicate your withdrawal with an unequivocal declaration (an e-mail is perfectly fine), or you may use the sample withdrawal form.
Submit your withdrawal to the following contacts:
Addressee: Momoko Shop Kft.
Package drop-off location / Return address: 1085 Budapest, József krt. 46. (Store opening hours: 10:00-19:00)
E-mail: rendeles@momokoshop.hu
Telefon: +3630 924 5361
WHEN IS IT CONSIDERED SENT WITHIN THE DEADLINE?
The withdrawal is considered made within the deadline if you send your declaration within the 14 calendar days. The buyer must be able to prove that the withdrawal was made (sent) (e.g., with a sent e-mail message).
Upon receipt of the withdrawal declaration, we will confirm electronically that we have received it.
WHAT DO WE UNDERTAKE IN CASE OF WITHDRAWAL? (REFUND)
If you withdraw, based on the law, we will refund the full amount you paid no later than within 14 days, including:
- the purchase price of the product(s),
- and the shipping fee, if the package has not yet been dispatched.
Method of Refund: We will fundamentally issue the refund using the same payment method you used to pay (e.g., bank card → bank card). If you specifically request it and explicitly consent, another payment method can be arranged, but this must not incur any additional fees for you.
Important: If you provide the bank account number or address incorrectly / inaccurately, we cannot take responsibility for any resulting delays.
WHEN CAN WE WITHHOLD THE MONEY?
The law allows us to withhold the refund until:
- the product arrives back to us, or
- you have provided credible proof that you have sent it back. The earlier of the two dates applies.
We cannot accept packages sent via cash-on-delivery (COD).
WHAT DO YOU NEED TO DO IN CASE OF WITHDRAWAL? (RETURNING)
In case of withdrawal, please return or hand over the product to us (or our designated representative) without delay, but no later than within 14 days from the communication of the withdrawal. The return is considered fulfilled within the deadline if you dispatch the package before the 14th day.
Cost of Return: The cost of returning the product is borne by the buyer. The package must be returned to the return address indicated above.
Value Depreciation: The buyer is liable for any diminished value of the product resulting from the handling of the product beyond what is necessary to establish its nature, characteristics, and functioning.
WHEN CAN THE RIGHT OF WITHDRAWAL NOT BE EXERCISED?
The right of withdrawal does not apply in all cases. In particular, it cannot be applied to:
- products made individually, expressly at the buyer’s request / personalized items,
- perishable goods or goods that retain their quality for a short time,
- sealed hygiene or health protection products, if the packaging was opened after receipt, and therefore the product can no longer be returned.
(You can read more details in the Right of Withdrawal section of our GTC, and withdrawal is not possible in the cases specified in Section 29 (1) of Gov. Decree 45/2014 (II.26.). In the case of our webshop, we would particularly draw your attention to points d. and e.)
1.1. SAMPLE WITHDRAWAL FORM
Addressee: Momoko Shop Kft.
Package drop-off location / Return address: 1085 Budapest, József krt. 46. (Store opening hours: 10:00-19:00)
E-mail: rendeles@momokoshop.hu
Telefon: +3630 924 5361
I/We, the undersigned, declare that I/we exercise my/our right of withdrawal (termination) concerning the contract for the sale of the following product(s) / provision of the following service:
Name of product(s): ………………………………………………
Date of contract conclusion / receipt:……………………..
Name of the consumer: …………………………………………
Address of the consumer: ……………………………………..
Bank account number (if require):…………………………..
Date: …………………………………….
Signature: (only for paper format) ……………………………..
2. LIABILITY FOR DEFECTS
When can you exercise it? If the product arrives defective or does not function properly, and this can be traced back to the Seller’s defective performance, you may enforce a claim for liability for defects against the Seller according to the rules of the Civil Code.
What rights can you choose from? In the first instance, you may request:
- repair or replacement (unless this is impossible or would result in disproportionate additional costs).
If repair/replacement cannot be requested or resolved, then:
- you may request a price reduction, or
- you may repair the defect yourself or have it repaired at the Seller’s expense, or
- as a last resort, you may withdraw from the contract.
Important: If you switch to another solution (e.g., replacement instead of repair), this is possible, but the cost of switchingis fundamentally borne by you, unless it was justified or the Seller gave cause for it.
Until when can you report it?
- It is advisable to report the defect as soon as possible, but no later than within 2 months of its discovery.
- The claim for liability for defects can generally be enforced for 2 years from the date of performance (delivery).
- For used products, the parties may agree on a shorter period, but it cannot be less than 1 year.
Against whom? You can always enforce your claim for liability for defects against the Seller.
Burden of Proof (Who has to prove what?)
- Within 6 months of delivery, it is generally sufficient to report the defect and provide proof of purchase.
- After 6 months, you must prove that the defect already existed at the time of delivery.
Important note for used products: In the case of a used product, it is natural that there may be traces of use/wear and tear; these do not necessarily constitute defective performance in themselves. Warranty claims typically apply to defects that do not merely arise from usage, and about which we did not inform you at the time of purchase. If we warned you about a defect in advance, there is no liability regarding that specific defect.
2.1. SPECIAL RULES REGARDING TCG PRODUCTS
For the purposes of this section, a TCG product includes any trading card, booster pack, booster box, elite trainer box, tin, collection box, blister pack, promo pack, sealed collector’s item, and any product whose packaging is equipped with manufacturer foil, a seal, or any other external element indicating its unopened state.
The Customer acknowledges that in the case of TCG products, the external foil, cardboard box, paper wrapper, collector sleeve, display box, or other external packaging element primarily serves the protection, sealing, logistical handling, and commercial distribution of the product. Due to the specifics of manufacturing, packaging, warehousing, and shipping, minor aesthetic variations may occur on the external packaging.
Such an inherently non-material variation may particularly include slight foil waviness, foil tension, minor creasing, surface scratches, minor indentations, minimal corner wear, slight deformation of the cardboard, or other aesthetic variations that do not affect the unopened state, authenticity, integrity of the contents, intended usability, or the essential characteristics of the product as per its description.
A minor aesthetic variation solely affecting the external packaging, as per the preceding paragraph, does not in itself constitute defective performance. Furthermore, it does not in itself establish a claim for replacement, price reduction, damages, or any other compensation, provided the product remains original, unopened, and otherwise corresponds to its advertised characteristics.
The Seller strictly undertakes that the product conforms to the characteristics specified in the product description, the order confirmation, and other mandatory information. The Seller makes no distinct commitment that the TCG product’s external foil, box, or other packaging will be suitable for grading, or will be in “mint,” “gem mint,” “perfect sealed,” “case fresh,” investor-grade, or flawless collector’s condition.
The Customer acknowledges that purchasing the product for collection, investment, resale, or grading purposes does not in itself result in a stricter liability for the Seller than that prescribed by law. Collector’s value, expected secondary market value, future grading results, or the Customer’s subjective assessment of condition do not inherently constitute properties for which the Seller is liable.
Should the damage to the external packaging be of such an extent that the product’s unopened state, authenticity, the integrity of its contents, or its intended usability is substantially compromised, or if the product significantly deviates from its advertised condition, the Customer may exercise their rights guaranteed by law.
These provisions do not exclude or limit the mandatory statutory rights of the Customer.
3. PRODUCT WARRANTY
When can you exercise it? If a product is defective, you can decide to enforce:
- liability for defects (against the Seller), OR
- product warranty (against the manufacturer/distributor).
What can you request under product warranty? In the case of a product warranty, you may only request:
- repair or
- replacement.
When is the product considered defective? The product is defective if:
- it does not meet the quality requirements expected at the time it was placed on the market, or
- it does not possess the characteristics promised by the manufacturer/included in the product description.
Until when can it be enforced? Within 2 years from the date the product was placed on the market. After this, the right is lost.
Against whom and what is the condition? You can only enforce a product warranty against the manufacturer or distributor, and you must prove the existence of the defect.
When is the manufacturer/distributor exempted? The manufacturer/distributor may be exempted if they prove, for example, that:
- they did not manufacture/place it on the market within the scope of their business activity, or
- the defect was not recognizable according to the state of science and technology at the time, or
- the defect was caused by a legal regulation/mandatory authority prescription.
Important: No parallel claims You cannot enforce liability for defects and product warranty simultaneously for the same defect. However, if the product is replaced or repaired under the product warranty, you may enforce your claim for liability for defects regarding the replaced product/repaired part against the manufacturer.
4. GUARANTEE / COMMERCIAL WARRANTY
When does the guarantee apply? In the event of defective performance, the Seller has a guarantee obligation for those new, durable consumer goods that fall under a mandatory guarantee based on legal regulations (e.g., Gov. Decree 151/2003 (IX.22.)). For products not falling under the mandatory guarantee, the Seller does not provide a guarantee, but you are still entitled to liability for defects/product warranty.
How long does the mandatory guarantee last? Depending on the selling price of the product:
- 2 years, if the price is between 10,000 HUF and 250,000 HUF,
- 3 years, if the price is over 250,000 HUF.
From when does it count, and when is it extended?
- The start of the guarantee is the day of delivery (or the day of commissioning, if done by the enterprise/its representative).
- If commissioning occurs beyond 6 months from delivery, it still starts from the day of delivery.
- In case of repair, the guarantee period is extended by the time during which you could not use the product due to the defect (calculated from the day it was handed over for repair).
How can you enforce it? Please write to us with: the order number / invoice serial number, the name of the product, a description of the defect, and, if possible, a photo/video.
Contacts:
Momoko Shop Kft.
E-mail: info@pandamart.hu
Phone: +36 30 924 5361
What rights do you have based on the guarantee? Primarily, you may request repair or replacement. If this cannot be reasonably resolved, then, according to legal regulations, a price reduction or withdrawal may also arise.
Replacement within 3 working days For durable consumer goods under mandatory guarantee, if the defect appears within 3 working days, you may request a replacement according to the relevant rules.
Guarantee Ticket (Warranty Card) In cases prescribed by law, a guarantee ticket is provided. If the issuance/handover of the guarantee ticket is faulty or omitted, it does not invalidate the guarantee. The guarantee ticket (unless requested otherwise) may also be provided electronically.
When is the Seller exempted? If the Seller proves that the cause of the defect arose after delivery, they may be exempted.
Relationship between Guarantee and Warranty The guarantee may entitle you to rights in addition to warranty rights, but for the same defect:
- liability for defects and guarantee, or
- product warranty and guarantee cannot be enforced simultaneously, in parallel. However, you may be entitled to your guarantee rights independently of your warranty entitlements.
For further details and more information, please read the General Terms and Conditions (GTC), where you will find the conditions of purchase and related rules in detail.