Brewie is the world’s first fully automated and highly user-friendly beer brewing machine which is capable of producing 20 liters of wort giving you the opportunity to brew your own craft beers of your liking without any difficulty or supervision.
Brewie is designed, developed, produced and distributed by NEWITY Ltd. (hereinafter: “NEWITY”). By purchasing one of our products, you are agreeing to this Terms & Conditions (hereinafter: “Terms”). Once accepted, this Terms becomes a legally binding contract between you and NEWITY which entitles you different rights but also imposes liability to properly use Brewie. That is why we strongly advise to read the Terms very carefully.
If you have any questions, please do not hesitate to contact us via firstname.lastname@example.org before moving on.
You can read more about Brewie and our other Products at https://brewie.shop
Throughout the Terms, we will highlight you the essential parts with a note ’IMPORTANT!’. However, we explicitly draw your attention separately to the following provisions hereby:
a) Brewie itself does not produce alcohol or liquid that contains any form of alcohol. As a result of the brewing process, Brewie makes wort which can be fermented to alcoholic beverage as a separate procedure, independently from the use of Brewie. NEWITY does not sell alcoholic products, only ingredients for the brewing process and beer making.
b) Once you finish your shopping and click the “Purchase” (or alike) button as detailed below, you will be asked to pay for the Product you ordered. By failing to do so, the Terms will not be concluded between you and NEWITY and you will not be entitled to the ordered Product.
c) It is important that your e-mail host service does not block any e-mail that is sent by NEWITY / Brewie Customer Service. Please note that any statement via e-mail is regarded effective if it becomes accessible to you even if the e-mail has been detected as spam by your e-mail service provider.
d) The shipping of your purchased Product might be prolonged due to special circumstances (see Section 5.)
e) As a Customer, you will be granted different guarantee and warranty rights related to Brewie / Product for a limited time period. Please note that certain actions or omissions of yours while using Brewie might partially or completely void these rights (see Sections 8-10. and 12.).
f) The Terms is in English but is governed solely by the laws of Hungary regardless of your shipping address / place of residence or the laws of your nationality or the actual location of Brewie’s use.
g) You can find the rules of fair use for our Website in the Legal Notice here. Please read it carefully too.
Table of Contents
1. General NEWITY Information
3. Application of Terms
4. Order of Shopping
7. Use of Brewie
8. Guarantee and warranty rights
9. Guarantee for Brewie
10. Warranty for the Product
11. Repair Service
12. Withdrawal and Refund Policy
13. Intellectual Property
14. NEWITY Rights
15. NEWITY Liability
16. Customer Liability
17. Customer Assistance and Complaint Handling
18. Governing Laws and Dispute Resolution
19. Exceptions related to Companies
20. Sample of Withdrawal Form
1. General NEWITY Information
a) Full name of NEWITY: NEWITY Limited Partnership (in Hungarian: NEWITY Korlátolt Felelősségű Társaság)
b) Short name of NEWITY: NEWITY Ltd. (in Hungarian: NEWITY Kft.)
c) Company registration number: 01 09 891557
d) Court of Registry: Registry Court of Budapest-Capital Regional Court
e) Tax number: 14159097-2-41
f) Registered seat: H-1053 Budapest, Királyi Pál Street 13/A . 3rd floor 1. (Hungary)
g) Place of business: H-1089 Budapest, Orczy Road 4. 1st floor 1. (Hungary)
h) Mail address: H-1089 Budapest, Elnök Street 1. (Hungary)
i) E-mail address: email@example.com
j) Website: brewie.org
k) Name of Chamber: Hungarian Chamber of Commerce and Industry
a) Name of hosting provider: Google LLC
Registered seat: 1669 Garrott Ave, Moncks Corner, SC29461, USA
Mail address: 1669 Garrott Ave, Moncks Corner, SC29461, USA
The following concepts shall have the same meaning throughout the entire Terms as defined below regardless of the use of drop letters.
2.1. / (slash) means ’or’.
2.2. “Accessories” means any supplementary brewing equipment (excluding Brewie and Brewie Pad) that NEWITY manufactures for sale at the Shop, including (without limitation) Brewie Bag, Brewie Carry Bag, Brewie Party Keg and Starter Kit.
2.3. “Account” means the system on the Website by which you register and thereafter authenticate your privileges to access certain areas and features of the Website that we make available only to Registered Users. You can register on the Website by clicking the “Register” (or alike) and filling in all the necessary fields.
2.4. “Brewie” means the fully automated and highly user-friendly beer brewing machine (consisting of the Brewing Equipment and the Digital Equipment), completely designed, developed, produced and distributed by NEWITY. Brewie also means all machine versions of the current “Brewie B20” and “Brewie +” models in production and any newer version or series to be designed, developed, produced or distributed by NEWITY.
2.5. “Brewie Customer Service” means the primary online customer service maintained by NEWITY which gives assistance to the shopping, shipping and using of the Product, including the enforcement of guarantee and warranty rights and handling of customer complaints. Mail address: H-1089 Budapest, Orczy Road 4. 1st floor 1. (Hungary), e-mail address: firstname.lastname@example.org.
2.6. “Brewing Equipment” means all technical parts of Brewie, including (without limitation) tanks, containers, pumps, valves, tubes, hop cages, inlets, outlets, sensors, buttons, cooling and recycling systems.
2.7. “Brewie Pad” means the ready-to-brew package pre-assembled by NEWITY that includes all the ingredients you need to start using Brewie and which are officially listed as a Product on the Website.
2.8. “Brewie Shop” means the online web shop available at the Internet using the URL: shop.brewie.org.
2.9. “Company” means any User who purchased any of our Products by agreeing to the present Terms and cannot be regarded as a natural person acting for purposes which are outside his trade, business or profession.
2.11. “Contribution” means any kind of comment, assistance, advice, recommendation, hint, link, recipe idea or other information (regardless the actual form, content or media type of the Contribution) that any User, Registered User, Customer or third party contributes to the Website or to the Social Media Platforms.
2.12. “Customer” means any User who purchased any of our Products by agreeing to the present Terms. In the context, “you”, “he” or “she” and “End User” are synonymous with Customer, and “your”, “his” or “her” is construed accordingly. Also, “you” includes your principal if you are accessing the Website in your capacity as an employee or agent of another.
2.13. “Day” means calendar day.
2.14. “Digital Content” means any data produced and supplied in a digital form by any Digital Equipment.
2.15. “Digital Equipment” means jointly:
a) the digital parts of Brewie, including (without limitation) processors, displays, RFID readers, USB connectors; and
b) the operating system (hereinafter: “Brewie OS”), including its archived versions and updates; and
c) the related digital applications for any kind of platform (including, without limitations, the Recipe Creator).
2.16. “Estimated Delivery Time” or “EDT” means the estimated delivery time period of a purchased Product within which a purchased Product may be delivered any time by NEWITY or its authorized agents.
2.17. “Guarantee Card” means the guarantee document provided along with Brewie with which Customer may enforce guarantee rights during the Guarantee Period.
2.18. “Guarantee Period” means the definite 18 (eighteen) months long period starting on Takeover Day during which NEWITY provides guarantee for lack of conformity of the purchased Brewie.
2.19. “Improper Use” means any irregular usage method of any Product as follows:
a) usage against the description of the Product (including the exceeding of the prescribed temperature intervals while using the Product); or
b) usage against the Instruction of the User Manual; or
c) usage against the Instruction given by the Brewie OS; or
d) usage against the Instruction given by the Brewie Customer Service; or
e) exceeding the recommended quantity of any kind of ingredients while using the Product; or
f) usage contrary to the purpose of the Product; or
g) usage against common sense or usage in a negligent / careless way; or
h) usage against your best judgement or in an uncapable / unsuitable condition; or
i) usage against the laws and administrative regulations of the location of the usage.
2.20. “Instruction” means any instruction of the User Manual related to the usage of any Product (regardless of the actual form, content or media type of the Instruction), including (without limitation):
a) warning notices labelled as “IMPORTANT” or “CAUTION”; or
b) warning notices of possible errors or damages in the Product; or
c) warning notices of possible consequences at your own risk if proceeding; or
d) warning notices of recommendations/advices for proper / optimal use; or
e) expressed prohibitions or direct instructions (e.g. using a grounded socket).
Also, “Instruction” means any relevant laws and administrative regulations of the location of the usage.
2.21. “Intellectual Property” means (without limitation)
a) all products;
b) all inventions and patent applications that are or can be protected by patent rights;
c) all softwares, films, photos, photo and graphical arts, craftsmanship, websites, mobile applications and databases that are or can be protected by copyrights;
d) all signs, logos, brand names, and slogans that are or can be protected by trademark (e.g. Brewie Ambassador Program);
e) all domain names and
f) all commercial secrecy
that may exist now or hereafter come into existence and all renewals and extensions thereof which are owned, to be owned, licensed, to be licensed, used or to be used by NEWITY in connection with the Product or the Website whether registered on national / European Union / international level or unregistered and regardless of whether any of such rights arise under any jurisdiction throughout the world.
In this regard, “Commercial Secrecy” means
a) any fact, information, know-how (including any technical, economic and other practical knowledge of value held in a form enabling identification, further including accumulated skills and experience and any combination thereof), and
b) other data, or a compilation thereof, connected to the economic activities of NEWITY
which are not publicly known related to the Product or which are not easily accessible to the Customer or other operators pursuing the same economic activities, and
which, if obtained and/or used by unauthorized persons, or if published or disclosed to others are likely to imperil or jeopardize the rightful financial, economic or commercial interest of NEWITY of such secrets.
2.22. “Minor Error” means an error / difference / phenomenon of the Product which has no significant effect on the operation / use of the Product or on the Customer’s health / property whatsoever.
2.23. “NEWITY” means NEWITY Ltd., a legal entity corporation formed under the laws of Hungary (see further information in Section 1.). NEWITY means also its successors. “Us” and “we” are both synonymous with NEWITY, and references to “our” is construed accordingly.
2.24. “Party” means the Customer or NEWITY. “Parties” mean both the Customer and NEWITY accordingly.
2.26. “Product” means any equipment or device that NEWITY manufactures for sale at the Brewie Shop, including Brewie, Brewie Pad and Accessories. “Product” refers to the plural form accordingly.
2.27. “Registered User” means any User who has an Account.
2.29. “Repair Service Provider” means any third party repair service provider with whom NEWITY has concluded a service contract for performing repair service work on Brewie related to the Guarantee Period or the Warranty Period.
2.30. “Social Media Platform” means all related social media platforms to the Website, including our Facebook-page (link), Instagram-account (link), Twitter-account (link) and Youtube-channel (link).
2.31. “Takeover Day” means the certified day when the Product is handed over to and taken over by the Customer and it means also the day of performance of the Contract by NEWITY and it also means the start of the Guarantee Period, the Warranty Period.
2.32. “Terms” means the current version of the present standard contract terms which has been unilaterally drafted in advance by NEWITY for several sales contracts involving different Customers, and which have not been individually negotiated by the Parties therefore.
2.33. “Third Party” means any person / legal entity other than the Customer or NEWITY.
2.34. “User” means any person who accesses the Website, regardless whether the User has an Account or not. Also, “User” includes the User’s principal if the User is accessing the Website as an employee or agent of another.
2.35. “User Manual” means all information material and other documents pertaining to the purchased Product including, the user manual that comes with the Product, and the whole content of the Knowledge Center (e.g. News, User Manual, FAQ & Support, Starter’s Guide, Quick Setup Guide) available at the Internet using the URL: brewie.org/knowledge-center .
2.36. “Vis Maior” means any unforeseen event or circumstance that has occured beyond the Party’s control and which could not have been avoided even if all reasonable measures had been taken. Vis Maior can be any (without limitations):
a) war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or military or illegal confiscation, terrorist activities;
b) nationalisation, government sanction, blockage, closing of borders, embargo;
c) labour dispute, strike, lockout, unplanned factory breakdown;
d) interruption or failure of electricity, construction works;
e) acts of God, including fire, flood, earthquake, storm, hurricane or other natural disasters.
2.37. “Warranty Period” means the definite 24 (twenty-four) months long period starting on Takeover Day during which NEWITY provides warranty for lack of conformity of the purchased Product.
2.38. “Website” means our website available at the Internet using the URL: brewie.org. Brewie.ch, barion.com and szamlazz.hu is not part of the Website (link).
2.39. “Withdrawal Period” means the 14-days long period starting from Takeover Day during which Customer may withdraw from the Contract.
3. Application of Terms
3.1. The Contract is concluded and entered into force between the Parties as a result of the shopping with the joint fulfillment of the following:
a) selecting the Product you want to order in the Brewie Shop; and
c) finishing the payment procedure for the ordered Product; and
IMPORTANT! Please make sure that your e-mail host service will not block any e-mail that comes from NEWITY / Brewie Customer Service before you finish the payment procedure. Please also make sure that your e-mail inbox is not full, operates properly, is capable of receiving e-mails, is not blocked by your e-mail host service and that your network provider grants you access to the internet.
Should any of the steps above not fulfilled accordingly or should we not get a feedback from your e-mail host service that the confirmation e-mail has been successfully delivered and you can access it, the Contract will not be concluded between you and NEWITY and you will not be entitled to the ordered Product!
3.2. By concluding the Contract, you acknowledge and declare
a) that you are legally competent and/or that you are of legal age to form a binding contract; and
b) that the information you have provided is truthful and accurate and you have previously checked it before completing Registration or shopping; and
c) that you acknowledge NEWITY’s exclusive rights to the Intellectual Property and you acquire no right, title or interest in or to the Intellectual Property; and
d) that you agree to keep in confidence all Intellectual Property; and
e) that both the Terms and the Contract are governed solely by the laws of Hungary regardless of your shipping address / place of residence or the laws of your nationality or the actual location of Brewie’s use; and
f) that NEWITY has no control over and is not responsible for any external websites or resources that can be accessed through hyperlink that is included on the Website / Social Media Platforms; and
3.3. The Contract is terminated
a) upon the end of the Warranty Period following the Takeover Day as specified hereunder; or
b) upon the withdrawal from the Contract by a Party; or
c) upon the unilateral termination of the Contract by a Party; or
d) upon the Parties’ agreement for the termination of the Contract; or
e) upon termination of the NEWITY without succession; or
f) on other grounds provided for by law, court ruling or administrative decision.
3.4. The termination of Contract for any reason shall not affect the obligations that are already due between the Parties, which must be immediately performed.
3.5. The Contract contains all provisions agreed upon by the Parties. Any prior agreement which are not contained in the Contract does not form part of the Contract.
3.6. The Contract is not considered made in writing. The Contract will be registered by NEWITY and will be accessible after it is concluded between the Parties.
3.7. The language for the conclusion of Contract is English regardless of Customer’s shipping address / place of residence or mother tongue.
3.8. If any provision of the Contract is held to be invalid, the relevant Hungarian laws shall prevail accordingly.
3.9. IMPORTANT! Both the Terms and the Contract are governed solely by the laws of Hungary regardless of your shipping address / place of residence, or the laws of your nationality or your shipping address / place of residence or the actual location of Brewie’s use.
3.11. NEWITY has not undertaken itself to any code of conduct to be bound whatsoever.
4. Order of Shopping
4.1. IMPORTANT! Before starting your shopping please note that NEWITY will deliver your ordered Product only to Europe, the United States, Canada and Australia. To other countries that were not mentioned, NEWITY will deliver no other products but only the “Brewie +”. Please also note that in these countries extra shipping costs and other additional costs might apply. You can order the Product only online and only through the Brewie Shop. Please note that the names of some functions or the order of shopping described below might change due to the update of the Website from time to time.
4.2. To buy a Product, go to the Brewie Shop and choose the Product you want to purchase by clicking on the “Add to cart” (or alike) button. Once selected a Product, a notice sign titled “Added to shopping cart” (or alike) will appear at the bottom of your browser. This means that you can now finish shopping if you like.
4.3. To finish shopping, click on the shopping basket icon (or alike) indicated at the top of the page. At the page “Shopping cart” (or alike), you can review the details of your order. Click on the “Checkout” (or alike) button and choose the way you want to finish shopping (meaning with or without registration) and fill in all the required fields (meaning billing and shipping information). Here you can also review again the details of your orders, but you can no longer change the quantity of a chosen Product.
4.4. Correcting errors: You can correct any typo or other error until you begin the payment procedure with the “back to previous page” or similar function of your browser. You can also change the quantity of a Product at the ‘Quantity’ column, or delete the chosen Product by clicking on the ‘x’ mark indicated next to the ‘Price’ column or continue shopping by clicking on the “Go back to shop” (or alike) button. The Website automatically warns you:
a) if you type an invalid character or value in a field;
b) if filling of a field is obligatory (with a * symbol);
c) if filling of a field is not possible yet (with a red banning sign).
4.5. To start the payment, first review your order.
a) For orders from countries within the EU: The subtotal price includes the Product price, the shipping price, value added taxes (VAT) and any other additional costs of your chosen Product. This subtotal price is the full price of the ordered Product, meaning that there will be no additional costs to pay during shopping with the following note.
For orders from countries outside of the EU: The subtotal price includes the Product price, the shipping price. Local value added taxes (VAT) and import duties expected to apply. Please consult with your local authorities. You can also contact Brewie Customer Service in this topic.
b) The shipping price mainly depends on the type and quantity of the ordered Product(s), the actual place of manufacturing and assembling for distribution and the distance between the place of assembling and the shipping address.
These shipping prices are all available on the Brewie Shop or by contacting us at our customer support page.
c) You can only pay online via the Brewie Shop.
d) IMPORTANT! The subtotal price is the sum that you have to actually pay in full in advance to finish your shopping. The subtotal price is always adjusted to your previously chosen destination country. This means that changes in the shipping address might affect the subtotal price.
All prices are subject of printing error / typo. In case of printing error / typo, NEWITY shall not be obliged to deliver the Product in accordance with the wrong price. Any typo will be corrected upon discovery and NEWITY reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions related to such typo.
If there is any discrepancy in the indicated prices shown at the Website or any Social Media Platform, the prices published on the Brewie Shop shall prevail at all times, including the seasonal offers / discounts.
NEWITY reserves the right to change the price of the Product from time to time. NEWITY will not refund if the price of the actual Product has been decreased between the date of your order/payment and the Takeover Day.
e) Payment: Once you reviewed the “Checkout” page and the indicated data matches your order and the data you have provided, click on the “Purchase” (or alike) button. You will be directed to an OTP Simplepay payment module, where you can pay the subtotal price of the ordered Product. Payment is accepted only with currency indicated at the “Checkout” page.
IMPORTANT! If you click on the “Purchase” button, a pop-up window will appear that warns you that clicking on the “Purchase” button automatically implies an obligation to pay for the ordered Product. You can finish shopping only if you confirm and acknowledge this payment obligation by clicking on the “Purchase” button.
4.6. Confirmation of payment: Once your payment is successful, your purchase information will be registered in our system and an e-mail will be sent to your given e-mail address by szamlazz.hu, an invoice service provider. This e-mail includes your purchase information and will contain the electronic invoice of your purchase as well. After payment, you will be redirected to the Website.
IMPORTANT! Please notify the Brewie Customer Service without delay if you have not received your invoice as mentioned in this Section within 3 (three) days of payment.
4.7. Cancelling registration or shopping: NEWITY reserves the right to automatically cancel the ongoing registration procedure or the shopping and empty the Shopping cart:
a) if the subtotal price is not fully paid; or
b) if any price / Product or payment information is obviously incorrectly displayed due to printing error / typo / system malfunction; or
c) if a system error / outer source (e.g. virus, hacking activity) / vis maior event causes the crash of the Website or generates any kind of malfunction at the Website or risks the safe and secure functioning of the Website; or
d) if the Customer violates the Terms.
5.1. Brewie, Brewie Pad and Accessories are not necessarily manufactured or assembled for distribution at the same location. If you purchase Brewie and other Products at the same time, NEWITY will set the timing of shipping within the EDT to deliver all purchased Products to your shipping address around the same date by default. You have no right to request the joint delivery of the Products in one package. You cannot take over the purchased Product in person.
5.2. NEWITY delivers the purchased Products to the latest shipping address provided by the Customer. It is the Customer’s liability to immediately notify Brewie Customer Service if there is any change in the shipping address. By failing to do so, the Customer shall bear all legal consequences and related costs.
5.3. Estimated Delivery Time (EDT): EDT is to be counted from the day of payment of the subtotal price. EDT depends on the ordered Product as follows:
a) in case of ordering Brewie: 3 (three) months;
b) in case of ordering Brewie Pad: 3 (three) weeks;
c) in case of ordering Accessories: 2-7 (two to seven) weeks depending on the actual ordered Accessory and the number of items in stock.
5.4. IMPORTANT! NEWITY reserves the right to prolong EDT in the following cases:
a) if shipping has required water transportation depending on the shipping address given by the Customer;
b) if clearance of any kind has become necessary related to the shipping;
c) if any cause of delay has occurred within the control of NEWITY;
d) if any kind of Vis Maior has occured.
5.5. NEWITY reserves the right to prolong EDT with 30 (thirty) days. In case of Vis Maior, EDT is prolonged with the actual time delay caused by Vis Maior.
5.6. NEWITY will send a prior notification e-mail to the Customer in all cases if EDT has to be prolonged. This e-mail contains the actual status of shipping, the reason of delay and the new EDT.
6.1. NEWITY warrants that the Product is new and free and clear of any liens, encumbrances security claims or other claims at the moment of the very first handover. NEWITY warrants that the Customer will acquire good and marketable title to all Product taken over by the Customer at the moment of the very first handover.
6.2. The Customer shall carefully inspect the delivered Product, including looking for possible external injury on the package and checking if the outer protective layer was not damaged during shipping.
a) If the package is intact, the Customer will be required by NEWITY or its authorized agents to sign the document of acceptance of performance.
b) If the package is not intact, the Customer has to report the error without delay to Brewie Customer Service (see Sections 8.8. and 17. for more details).
IMPORTANT! Please note that in case the package is not intact or the purchased Product clearly has an external injury, you can only enforce guarantee / warranty rights if you take over the Product.
6.3. By taking over of the Product, all risks related to the Product shall pass to the Customer.
6.4. The Guarantee Period and the Warranty Period will start on Takeover Day and the Customer may enforce his guarantee and warranty rights as detailed below.
6.5. NEWITY will safeguard the Product as an unauthorized agent under a course without mandate if the Product cannot be handed over to the Customer:
a) due to the refusal of takeover by the Customer, or
b) due to the Customer’s omission of providing / confirming his valid shipping address.
In any of these cases NEWITY will inform the Customer without delay about the failure of delivery with providing information that:
a) all risks related to the Product will pass to the Customer on the planned date of handover, and
b) Section 11.6. shall apply accordingly with that NEWITY will store the Product at the location of his choice.
7. Use of Brewie
7.1. The Customer shall follow the User Manual at all times, including usage, cleaning and storage of the Product. The Customer shall not use a Brewie Pad beyond its expiry date.
7.2. Brewie can be used offline, but this may affect its efficiency and certain features are available only if Brewie is connected to the internet. That is why we highly recommend to use Brewie online at all times if possible.
8. Guarantee and warranty rights
IMPORTANT! Sections 8-12. contains very important information in a Q&A style about your rights to enforce against NEWITY if there is a lack of conformity of your purchased Product.
In Section 8., you can read an overview that applies to both guarantee and warranty rights. Section 9. contains specific provisions for guarantee, while Section 10. contains the same for warranty claims. You can find the rules of Repair Service in Section 11. and the conditions of withdrawal in Section 12. Please read these Sections very carefully!
8.1. The following chart represents a timeline that starts with the Takeover Day and covers all guarantee and warranty rights that can be enforced during the Guarantee Period or the Warranty Period.
Takeover Day Guarantee Period (12 months) for Brewie
Guarantee rights are (in that fixed order):
– repair of Brewie;
– replacement of Brewie.
Takeover Day Warranty Period (24 months) for any Product
Warranty rights are (in that fixed order):
– repair of the Product;
– repair of the Product by yourself or have it repaired at NEWITY’s expense;
– replacement of the Product;
– requesting commensurate price reduction ;
– withdrawal from the Contract.
8.2. Who can enforce guarantee or warranty rights?
Both the guarantee and warranty rights may be enforced exclusively by the owner of the Product. If Brewie’s ownership is transferred to someone, both the guarantee and warranty rights may be enforced by the new owner within the original Guarantee Period / Warranty Period. The change of Brewie’s ownership does not have any effect on and does not renew or prolong the Guarantee Period / Warranty Period under any circumstances.
8.3. In what cases can you enforce guarantee or warranty rights?
a) You may enforce guarantee or warranty rights in case of lack of conformity of Brewie or the Product.
b) Both guarantee and warranty mean basically NEWITY’s liability for flawless performance. This liability for flawless performance only applies to errors that occurred in the Product while it was under the manufacturer’s or NEWITY’s possession.
c) IMPORTANT! You cannot enforce guarantee and warranty rights simultaneously at the same time. This means that you are only entitled to enforce either guarantee or warranty rights in case of the same lack of conformity.
8.4. What does “lack of conformity” mean?
“Lack of conformity” means that Brewie or the Product does not meet the requirements related to quality standards in effect at the time of the Takeover Day, or it does not meet the specifications provided by NEWITY. The following are not regarded as lack of conformity:
a) Minor Error; or
b) any error occurred during shipping from your shipping address / storing for repair that is in connection with the omission of yours to clean the Product before packaging and handing over to the selected courier service or directly to NEWITY or the Repair Service Provider (see Section 11.3. for more details).
8.5. What are the differences between guarantee rights and warranty rights?
a) One difference is that guarantee rights may only be enforced related to Brewie. On the other hand, warranty rights may be enforced related to any Product (including Brewie).
b) Another difference is that in case of guarantee, NEWITY has to prove that the reason of lack of conformity of Brewie occurred after the Takeover Day. (This means that if you report an error of Brewie, NEWITY will inspect the error and if it turns out that the inspected Brewie does fulfill the related quality standards and requirements then you cannot enforce guarantee rights.) On the other hand, in case of warranty you have to prove that the Product has a lack of conformity.
c) Another difference is that the Guarantee Period lasts for 12 (twelve) months while the Warranty Period lasts for 24 (twenty-four) months starting on the Takeover Day. As the chart represents in Section 8.1., this means that during the first 12 (twelve) months, the two time period coexist at the same time.
8.6. What does the expiration of the Guarantee Period / Warranty period means?
a) The expiration of both the Guarantee Period and the Warranty Period forfeits your guarantee / warranty rights in all respects, meaning that you cannot enforce neither guarantee rights nor warranty rights once the Guarantee Period and the Warranty Period have expired.
b) The time period during which the Product is being repaired and you cannot use it, is excluded from both the Guarantee Period and the Warranty Period.
c) As regards any part of the thing that has been repaired or replaced, the time passage for the right to guarantee / warranty shall recommence. This provision shall apply also when another error emerges in consequence of the repair.
8.7. Against whom you can enforce guarantee or warranty rights?
You may enforce both guarantee and warranty rights only against NEWITY.
8.8. How can you enforce guarantee or warranty rights?
a) Any lack of conformity has to be reported via e-mail to Brewie Customer Service with the description of the error (preferably with pictures attached) and the direct request to enforce your claim of guarantee / warranty.
b) The report of a lack of conformity is a precondition to enforce any guarantee or warranty right.
c) You shall send this report of lack of conformity to Brewie Customer Service without delay (but not later than within 2 (two) months).
d) If you want to enforce repair, you may contact directly the Repair Service Provider as well. If you want to enforce replacement / commensurate price reduction / withdrawal, you may contact only Brewie Customer Service.
8.9. Who shall pay for the costs of enforcing guarantee or warranty rights?
a) NEWITY shall bear all costs of performing guarantee / warranty (including shipping of the Product from and to your original shipping address) except where indicated otherwise below.
b) IMPORTANT! NEWITY shall bear the shipping costs of the Product only
i. during the Warranty Period / Guarantee Period; and
ii. in the back and forth relation of your shipping address where the Product was taken over on the Takeover Day; and
iii. if you hand over the Product to the selected courier service with C.O.D. (cash on delivery) option.
If changing your shipping address results in disproportionate expenses on the part of NEWITY, we will send an e-mail to you before shipping to inform you about the expected costs of the shipping that you shall bear.
c) You shall bear any cost or damage that results from the late notification of the lack of conformity (e.g. worsening of the error due to the delay).
d) IMPORTANT! NEWITY reserves the right to send you a message via the OS or an e-mail if the Brewie OS has detected an error to request a confirmation from you about the actual occurrence of the error. You shall bear any cost or damage that results from the late confirmation provided if the occurrence of the error has been proven. This delay is regarded as an omission of obligation to prevent and mitigate damages.
e) You shall bear any cost related to the repair / replacement of the Product that occurs beyond the Guarantee Period / Warranty Period.
f) You shall bear any cost incurred in connection with the fulfillment of guarantee obligations if the reported error of the Product is attributable in part to your failure to fulfill maintenance obligations. The covering of these costs are to the extent commensurate to your involvement, if you had sufficient information relating to maintenance, or if NEWITY has provided the information required to that effect.
8.10. What are the joint rules for claims for repair and replacement?
a) In case of lack of conformity of a Product, you may enforce only repair first.
b) If repair is not possible within a reasonable period of time and without harming your interest, you may enforce replacement secondly.
c) You cannot enforce repair or replacement if the chosen one of these guarantee/warranty rights is impossible to perform or it would result in disproportionate expenses on the part of NEWITY as compared to an alternative remedy (see Section 10.2.), taking into account:
i. the value the Product would have had there been no lack of conformity, and
ii. the significance of the non-performance, and
iii. the harm caused to you upon compliance with the guarantee/warranty right.
d) In this regard, ‘repair’ means any necessary interference in NEWITY’s discretion depending on the nature of the error in order to cease the lack of conformity of the Product. NEWITY reserves the right to choose the necessary repair work and the place of repair without harming your interest.
e) In this regard, ’replacement’ means to provide another product with the same properties as the replaced one.
f) NEWITY is not obliged to provide a replacement product for the time of repair.
g) In this regard, ’within a reasonable period of time’ means the necessary time for repair / replacement with taking into consideration of:
i. the nature and extent of error, and
ii. the geographical distances between your shipping address and the place of repair / replace, and
iii. the available spare parts in stock.
h) In this regard, ’impossible’ means e.g. that the Product is no longer in production or is out of stock.
i) In this regard, ’disproportionate expenses’ mean e.g. if repair of the Product is less expensive than the replacement.
j) In this regard, ‘proportionate measures’ mean that repair is seen as the main guarantee/warranty right related to Brewie, and replacement refers to less expensive Products.
k) If you acquire any financial advantage at the expense of NEWITY as a result of repair or replacement, you shall be obliged to return the monetary value of the advantage by law.
9. Guarantee for Brewie
9.1. The guarantee: NEWITY provides guarantee only for lack of conformity of Brewie. NEWITY does not provide any guarantee in connection with any other Product than Brewie. The guarantee shall not affect the Customer’s other enforceable rights derived from law.
9.2. Guarantee rights: The Customer can enforce the following guarantee rights in this fixed order:
a) repair of Brewie (or if it is not possible according to Section 8.10.),
b) replacement of Brewie.
IMPORTANT! NEWITY is not obliged to replace Brewie within 3 (three) days of the Takeover Day upon enforcing such replacement if the reported lack of conformity is regarded as a Minor Error.
9.3. The Guarantee Period: NEWITY provides guarantee only during the Guarantee Period and only under the conditions set out in this Terms.
a) The Guarantee Period terminates automatically without any further legal statement or notification from NEWITY.
b) The Guarantee Period cannot be renewed or prolonged by the Customer’s request or claim.
c) Any guarantee rights can only be enforced during the Guarantee Period. If NEWITY fails to fulfill his obligations in good time when so requested by the Customer, the guarantee claim may be enforced before the court within 3 (three) months after the deadline set out in the request even if the Guarantee Period has already expired. The expiry of this 3 (three) months period forfeit this guarantee claim.
d) The remaining time from the Guarantee Period is informatively recorded by OS of Brewie.
9.4. The Guarantee Card: Brewie is delivered along with a Guarantee Card. The Guarantee Card contains the following information:
a) name and registered seat of NEWITY;
b) name and serial number of purchased Brewie;
c) name and registered seat of manufacturer;
d) date of conclusion of the Contract;
e) Takeover Day;
f) guarantee rights, Guarantee Period and conditions of exercising guarantee rights, including information of that the guarantee shall not affect the Customer’s other enforceable rights derived from law;
g) information on the right to request an arbitration proceeding of the competent arbitration board in case of a legal dispute between the Parties.
9.5. Enforcing guarantee rights: Guarantee rights may be enforced with the Guarantee Card. In case of a missing Guarantee Card, guarantee rights may be enforced with the invoice of the purchased Brewie as well.
IMPORTANT! This means that if you do not possess the Guarantee Card, neither the invoice of the purchased Brewie, or you cannot prove that you have purchased the Brewie directly from NEWITY then you cannot enforce any guarantee rights.
9.6. Release from guarantee obligation: NEWITY shall be released from guarantee obligation if able to prove that the cause of the error occurred after the Takeover Day. Such error might occur especially (without limitation) in the following cases:
a) any form of Improper Use of Brewie, especially when the Brewie OS has logged the occurrence of Improper Use;
b) if not carefully cleaning Brewie as instructed before packaging it for repair works;
c) any repair works performed by other than NEWITY or the Repair Service Provider;
d) any brewing procedure without using a Brewie Bag;
e) disassembling Brewie by the Customer;
f) decrypting, altering, modifying or hacking Brewie / Digital Equipment / Digital Content.
10. Warranty for the Product
10.1. NEWITY provides warranty for lack of conformity of any Product. You may switch from the warranty right you have selected to another. You have to cover the cost of switch-over, unless it was made necessary by NEWITY’s conduct or for other reasons.
10.2. Warranty rights:
You can enforce the following warranty rights in this fixed order:
a) repair of the Product (or if it is not possible according to Section 8.10.),
b) replacement of the Product.
If NEWITY refuses to provide repair or replacement or is unable to fulfill that obligation within a reasonable period of time and without harming your interest, or if repair or replacement no longer serves your interest, you can enforce the following warranty rights in this fixed order:
c) requesting commensurate price reduction, or
d) repairing the error yourself or have it repaired at NEWITY’s expense, or
e) withdraw from the Contract (see Section 12.).
10.3. Special provisions related to warranty rights:
a) In this regard, ‘commensurate price reduction’ means the partial repay of the Product price with taking into consideration of:
i. the nature and extent of error, and
ii. the usability, and
iii. the reduction in value, and
iv. the reduced operating hours, and
v. the overall aesthetic effect
of the Product.
b) NEWITY reserves the right to argue the incurred cost if you choose to repair the error of the Product yourself or have it repaired with a third party.
c) Brewie Pad can only be replaced within its expiry date indicated outside the package and only before it is used for any brewing process.
10.4. The Warranty Period: NEWITY provides warranty only during the Warranty Period. The Warranty Period cannot be renewed or prolonged except where indicated otherwise.
10.5. Enforcing warranty rights: Before enforcing warranty rights, you have to prove to NEWITY that the Contract has been concluded between you and NEWITY. You can use your invoice of the purchased Product to prove this as well.
10.6. Release from warranty obligation: NEWITY shall be released from warranty obligation if able to prove that:
a) the state of general scientific and technical knowledge at the time when it put the Product into distribution was not such as to enable the existence of an error to be discovered; or
b) the error in the Product was caused by the application of a law or a regulatory provision prescribed by the authorities.
c) the cause of the error occurred after the Takeover Day due to your or third party’s fault (see Section 9.6.).
A proof of one of these cases is enough for NEWITY to be released from warranty obligation by law.
11. Repair Service
11.1. Any repair works shall be performed solely by NEWITY or the Repair Service Provider and solely at the repair service facility of NEWITY or the Repair Service Provider. No claims shall be demanded by the Customer related to any repair works performed on the Product by other person than NEWITY or the Repair Service Provider during the Guarantee Period or thereafter.
11.2. The Customer is entitled to enforce a request for repair work directly at the Repair Service Provider. The list of the Repair Service Providers can be found at https://brewie.org/service-partners . NEWITY will send a notification e-mail to the Customer if a new Repair Service Provider is added to the list.
11.3. The Customer shall take care of packaging and handing over the Product to the selected courier service or directly to NEWITY or the Repair Service Provider.
IMPORTANT! This Section particularly applies to the packaging and mailing of Brewie for repair works. Please read it carefully!
a) Before packaging, the Customer shall remove any liquid from the Product and shall clean and wipe dry all inner parts and surfaces as detailed in the User Manual. By failing to do so, the Customer shall bear all legal consequencies and related cleaning costs.
IMPORTANT! The necessary cleaning of the Product before any repair work is neither part of guarantee, nor part of warranty. NEWITY reserves the right to demand the costs of cleaning directly from the Customer.
b) NEWITY highly recommends to pack the Product in its original package. Otherwise, the Customer shall use appropriate packaging that will ensure the safe and secure transportation of the Product and that will also meet the packaging requirements issued by the selected courier service.
IMPORTANT! You can read more about how to properly pack in your Brewie at https://brewie.org/customer-and-tech-support .
c) NEWITY highly recommends for the Customer to take pictures of the Product before packaging from every angle as well of the packaged Product. NEWITY highly recommends for the Customer to send the pictures taken to the Brewie Customer Service.
11.4. NEWITY shall be released from liability if any damage occurs to the Product due to the inappropriate package of the Product or due to the fault of the courier service while transporting the Product.
11.5. After repair works are performed, NEWITY will send a notification e-mail to the Customer which contains that:
a) Brewie is ready to deliver to the Customer; and
b) the repair work performed falls within or beyond guarantee / warranty; and
c) the incurred costs (if any); and
d) the Customer will be required to confirm the shipping address.
11.6. NEWITY or the Repair Service Provider will store the Product free of charge for 60 (sixty) consecutive days at the repair service facility. Storing of the Product will continue for additional 90 (ninety) consecutive days for a storage cost if shipping of the Product cannot be performed due to the Customer’s fault. If this additional 90 (ninety) consecutive days has elapsed too without the successful delivery of the Product to the Customer, NEWITY reserves the right to consider this omission of the Customer as an act of abandoning ownership of the Product by the Customer.
12. Withdrawal and Refund Policy
12.1. What is the right to withdraw?
a) You are entitled to withdraw from the Contract without stating any reasons. NEWITY reserves the right to ask you for your reasons of withdrawal, but you are not obliged to state any reasons.
b) You are not entitled to withdraw from the Contract due to a Minor Error.
12.2. What is the legal effect of withdrawal?
a) Return of the Product: If you withdraw from the Contract, you have to return or hand over the Product (preferably in its original packaging) to NEWITY within 14 (fourteen) days of sending your statement of withdrawal.
b) You shall bear all costs – including any shipping cost – of the return of the Product. The return shipping cost is estimated to be the same as the delivery shipping cost.
c) You shall bear all legal consequencies and related costs:
i. if the returned Product has any kind of error that cannot be regarded as lack of conformity or
ii. if the value reduction of the Product is due to the exceedance of the extent of usage which is necessary to inspect the Product and its basic operation.
d) Repayment: If you withdraw from the Contract, we will pay back the price of the purchased Product along with the related shipping cost within 14 (fourteen) days of receipt of your statement of withdrawal.
e) We are not obliged to repay any additional cost that incurred in connection that you have requested other than the normal shipping method that is necessary under the circumstance of your order.
f) We will use the same payment method that you used when purchasing the Product except if you explicitly provide your consent to us to use other payment method.
g) We are entitled by law to withhold the repayment until we receive the returned Product or until you prove that you have handed over the Product to the selected courier service (the earlier date of the two shall be taken into consideration).
12.3. How can you enforce your right to withdraw?
If you would like to withdraw from the Contract, you have to send a statement of this intention via e-mail or mail to the Brewie Customer Service (see Section 1. for contact information). You can also use the Sample of Withdrawal Form (see Section 20.).
12.4. When can you withdraw from the Contract?
a) You are entitled to withdraw from the Contract only during the Withdrawal Period. This means that upon enforcing withdrawal, you have to send the statement of withdrawal before the Withdrawal Period expires.
b) The Withdrawal Period expires 14 (fourteen) days after the Takeover Day. The Withdrawal Period cannot be renewed or prolonged.
c) You can also withdraw from the Contract in the case described in Section 10.2. e).
d) You can also withdraw from the Contract if EDT exceeds 6 (six) months dated from the conclusion of the Contract and the Contract no longer serves the Customer’s interest.
13. Intellectual Property
13.1. Brewie, Brewie Pad, Accessories, Brewing Equipment, Digital Equipment, Digital Content, and all contents of the Website are expressly subject to this entire Section. Any kind of Contribution is expressly excluded from this Section.
13.2. Recipe ideas or Contributions shared/published online/offline is not regarded as Brewie Pad under any circumstances.
13.3. IMPORTANT! The Customer shall keep in confidence all Intellectual Property. The confidentiality obligation shall remain in force indefinitely following the termination of the Contract.
13.4. It is prohibited for the Customer:
a) to commercially use any Intellectual Property;
b) to decrypt, alter, modify, hack, disclose, sell or commercially use Brewie / Digital Equipment / Digital Content / Website / Social Media Platforms;
c) to upload any harmful / illegal / offending / indecent / violent content to the OS / Website / Social Media Platforms;
d) to unauthorizedly collect any data from the Brewie OS / Website / Social Media Platforms;
e) to disclose, sell or commercially use the Commercial Secrecy of the Product that he became aware from any source, including the usage of the Product;
f) to save or print any content from the OS / Website / Social Media Platforms for other than personal use.
13.5. The confidentiality obligation are not subject to the following cases but only to the extent of such disclosure and limited to its purpose:
a) The disclosure of Intellectual Property following the receipt of the written consent representing such will from the other Party; and
b) The disclosure of Intellectual Property which has become public before the disclosure by the other Party; and
c) The disclosure of Intellectual Property by the Party is required by law.
14. NEWITY Rights
14.2. NEWITY reserves the right to alter, modify, expand or erase any content / part / subpage of the Website or to add any content to the Website.
14.3. NEWITY reserves the right to suspend or delete an Account if the Customer violates the Sections of the Terms which are related to the fair use of the Website / Social Media Platforms.
14.4. NEWITY reserves the right to retain title of ownership of the Product until the purchase price is paid in full. The purchase price is considered settled at the time when NEWITY’s payment service provider credited the price to NEWITY’s payment account.
14.5. NEWITY reserves the right to withdraw from the Contract if in consequence of non-performance by the Customer, NEWTIY’s interest in contractual performance has ceased.
15. NEWITY Liability
15.1. IMPORTANT! NEWITY shall not be held liable to any degree in cases referred in this Section. This means that in these cases the Customer may act at his own risk which might void guarantee/warranty or other rights of his derived from the Contract.
15.2. NEWITY expressly excludes any liability for the Contract related to the following:
a) any decision made by the Customer based on the use of Brewie;
b) the ignorance of the notification e-mail and messages via the Brewie OS by the Customer, especially if this might lead to harming the physical integrity / health of a person, or that might damage one’s property;
c) any Contribution regardless of whether it appears on the Website or on the Social Media Platforms or on other site (in particular, sites related to brewery);
d) any content that might be accessed with any outbound link that is placed on the Website or on the Social Media Platform;
e) any Product that was not purchased through the Brewie Shop;
f) the operation and lawfulness of Barion and szamlazz.hu;
g) the use of an expired Brewie Pad;
h) if the Customer suffers any kind of health risk by not using a Brewie Pad;
i) any circumstance that is considered Vis Maior and might affect the production, shipping or usage of the Product;
IMPORTANT! Please note that this includes common cases such as undergoing construction works nearby which might disturb the sensors of Brewie during operation.
j) the operation, functionality, quality and price of any public utility that the Consumer uses, such as (without limitation) of water / power supply;
k) the operation of any accessory, plug or alike that does not come along with Brewie but is necessary for its operation, such as (without limitation) plug / wire with defective contact, ungrounded socket.
15.3. If NEWITY’s liability cannot be limited according to the laws of the Customer’s place of residence or status, then NEWITY’s liability is limited to the greatest possible extent permitted by that specific set of laws.
15.4. All pictures and video images on the Website / Social Media Platforms are shown for illustration purpose only. The actual Product may vary due to product enhancement.
15.5. Any remark on the Website / Social Media Platform, such as (without limitation) “save time” or “save money” is shown for illustration purpose only and cannot be interpreted literally. Any remark paraphrased in the present Section may not be legal ground for any claim by the Customer.
16. Customer Liability
16.1. You use the Product at your own risk at all times.
16.2. You are solely liable that the information you provide is truthful and accurate at all times. NEWITY does not check the information you provide. You shall cooperate with NEWITY during the life of the Contract, and you shall be duty bound to communicate information to NEWITY on circumstances relevant to the Contract.
IMPORTANT! If any data (especially the shipping address, bank account number, contact information) you provided has changed, you have to notify the Brewie Customer Service about the change without delay by giving them your new data. By failing to do so, NEWITY reserves the right:
– to withhold the Product before takeover (see Section 6.5.) or
– to withhold the pay back of the price of the Product in case of withdrawal
and the Customer shall bear all legal consequencies and related costs.
16.3. You are solely liable for any damage that occurs to you related to the untruth, inaccuracy or insufficiency of your personal data.
16.4. You are solely liable:
a) that you have exclusive right of disposition over your given e-mail address and your Account;
b) to take all necessary measures in order to keep your passwords safe and secure related to your Account / e-mail address / Social Media Platforms;
c) to notify the Brewie Customer Service you experience any sign of security breach into the Brewie OS, your Account or your e-mail account;
d) to use safe and secure internet networks / connections, passwords and electronic devices;
e) to use internet networks and wifi-password as prescribed in the User Manual;
f) to ensure that the Brewie OS is updated regularly so that Brewie can function properly at all times;
g) to use the Product as prescribed in the User Manual;
i) to clearly distinguish yourself from NEWITY while communicating on the Website / Social Media Platform.
16.5. You are solely liable also:
a) to pack and mail the Product for repair work as prescribed in Section 11.3.;
b) to take pictures of the Product before packaging from every angle as well of the packaged Product before mailing it for repair work;
c) to take pictures of the Product when receiving it after the repair work;
d) to keep all documents related to the purchased Product, including (without limitation) the document of acceptance of performance, the invoice of your purchase, the Guarantee Card, the User Manual and preferably the original package of the Product;
e) to notify any person to whom you transfer your Brewie’s ownership (e.g. by selling it) about the content of this Terms;
f) to notify Brewie Customer Service if you experience any error while using the Product or if you intend to enforce guarantee or warranty rights;
g) to indicate the serial number of your Brewie when communicating with Brewie Customer Service.
17. Customer Assistance and Complaint Handling
17.1. All customer assistance and complaint handling are exclusively served by Brewie Customer Service. The Customer may not rely, in support of his claim or presumption, on any kind of Contribution or comment, assistance, advice, recommendation, hint, link and other information that is not stated by Brewie Customer Service.
17.2. Before contacting Brewie Customer Service, NEWITY highly recommends you to carefully read the User Manual, especially the Knowledge Center, where you most likely find help and answer to your question.
17.3. The primary form of communication between the Customer and Brewie Customer Service is by filling out our forms at https://brewie.org/customer-and-tech-support especially when you would like to enforce guarantee, warranty or withdrawal rights. The secondary form of communication are mail and messages through the e-mail address indicated on the link above.
17.4. IMPORTANT! Please always indicate the serial number of your Brewie when communicating with the Brewie Customer Service to identify you easier. Please use the e-mail address that belongs to your Account if possible.
17.5. You can submit your complaint to the Brewie Customer Service via mail or e-mail (see Section 2.6.). We will answer your submitted complaint within 30 (thirty) days of receipt via e-mail. If we reject your complaint, we will do so in a reasoned statement.
18. Governing Laws and Dispute Resolution
18.1. The Contract shall be governed and interpreted in accordance with the relevant laws of Hungary, excluding all other choice of law and conflicts of law rules.
18.2. To any issues not regulated in the Terms the provisions of the relevant Hungarian laws shall prevail.
18.3. Any dispute arising from or in connection with the Contract shall be amicably solved. If Parties cannot reach an amicable solution, the dispute shall be referred to the competent court.
18.4. Arbitration Board: You also have the right to request an arbitration proceeding of the arbitration board attached to the competent Budapest Chamber of Commerce and Industry (hereinafter: “Arbitration Board”) which has exclusive jurisdiction related to the Contract. NEWITY will cooperate with the Arbitration Board under any circumstances.
a) IMPORTANT! The precondition of requesting such arbitration proceeding is that you have attempted to settle the dispute directly with NEWITY first.
b) The Arbitration Board has the responsibility to attempt to reach a conciliation agreement out of court between the Parties for the settlement of the dispute or, failing this, to adopt a decision in the case to enforce consumer rights simply, efficiently and practically and under the principle of cost-efficiency.
c) The Arbitration Board also provides advice upon the Customer’s request on the rights and obligations of the Customer as well.
d) The official language in arbitration proceedings is Hungarian.
e) Contact information:
i. Registered seat: H-1053 Budapest, Kiralyi Pal st. 13/a (Hungary);
ii. Mail address: H-1253 Budapest, Pf.: 10. (Hungary)
iii. Phone number: +36-1-488-21-31
iv. Website: http://bekeltet.hu/
18.5. Online Dispute Resolution (“ODR”): You also have to right to submit a complaint to the ODR platform which is an online platform provided by the European Commission to allow customers and traders in the European Union or Norway, Iceland, and Lichtenstein to resolve disputes relating to online purchases of goods without going to court. The ODR platform is not linked to any trader. You can use it to take your complaint to an approved dispute resolution body .
18.6. In case of any dispute arising from or in connection with the Contract – including the validity, interpretation, performance or termination of the Contract –:
a) in cases belonging to court district court competence, Parties agree to submit themselves to the exclusive competence of the Central District Court of Buda (address: H-1021 Budapest, Budakeszi út 51/b., Hungary);
b) in cases belonging to regional court competence, Parties agree to submit themselves to the exclusive competence of the Székesfehérvár Regional Court (address: H-8000 Székesfehérvár, Dózsa Gy. út 1., Hungary);
18.7. In case of any dispute related to Trademarks, the Budapest-Capital Regional Court shall have exclusive jurisdiction.
19. Exemptions related to Companies
IMPORTANT! The following provisions shall apply if the Customer is regarded as Company.
19.1. The Company cannot enforce any guarantee rights.
19.2. In case of a Company, the Warranty Period is a definite 12 (twelve) months long period starting on Takeover Day.
19.3. The Company may only enforce repair or replacement (in this fixed order) as warranty rights.
19.4. The Company shall send a report of lack of conformity to Brewie Customer Service without delay (but not later than within 2 (two) days).
19.5. The Company is entitled to withdraw from the Contract only in cases described in Section 12.4. c) and d).
20. Sample of Withdrawal Form
IMPORTANT! Please fill and return this Form below to the indicated address only in case you would like to withdraw from the Contract. Statement of Withdrawal
Address: NEWITY Korlátolt Felelősségű Társaság; Mail address: H-1089 Budapest, Elnök street 1.; Phone number: +36-1-699-9018; E-mail address: email@example.com.
I, the undersigned (please indicate your full name here) ………………………… declare that I hereby intend to enforce my right to withdraw related to the Contract of the following purchased Product. (You can find the requested information on your Guarantee Card.)
Name of Product: ……………
Serial number of Product: ………………………………………
Date of conclusion of Contract (yy/mm/dd): ………………………………………
Date of Takeover Day (yy/mm/dd): ………………………………………
Full name of Customer: ………………………………………
Address of Customer: ……………
Signature of Customer: …………………………
(Signature is only needed if this Statement of Withdrawal is submitted by mail.)
Date and place: ……………
Place and date: Budapest (Hungary), May 31st, 2018.
© 2018 All rights reserved! NEWITY Ltd.