GENERAL TERMS AND CONDITIONS
The KOMPLEX EVENT Commercial and Service Limited Liability Company (head office: 1061 Budapest, Király utca 26, 2nd floor; company registration number: 01-09-343414; short name: KOMPLEX EVENT Ltd.; jointly authorized representatives: Ludányi-Nagy Dorottya and Poisson-Angeli Barbara, managing directors) hereby establishes these General Terms and Conditions (hereinafter: GTC), which are valid from April 3, 2025, until revoked or modified.
I. Definitions
Trader: KOMPLEX EVENT Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (head office: 1061 Budapest, Király utca 26, 2nd floor; company registration number: 01-09-343414; short name: KOMPLEX EVENT Ltd.; jointly authorized representatives: Ludányi-Nagy Dorottya and Poisson-Angeli Barbara, managing directors).
Buyer: A legal entity or other organization operating according to applicable laws, identified by verified data in the Contract, who acts with the power and authority to enter into the Contract; or an individual, identified by verified data in the Contract, who is legally capable and of legal age under Hungarian law, or a minor who is authorized to enter into the Contract or is represented by their legal guardian, who is a competent, adult natural person under Hungarian law.
Consumer: A natural person acting outside of their profession, independent occupation, or business activities.
Parties, Contracting Parties: The Trader and the Buyer collectively.
Website: The website operated by the Trader at www.twentysixbudapest.com, which includes the online store.
Registration: The process of registering on the Website with the required information as requested by the Trader, creating a User Account on the Website.
User Account: The unique, password-protected account created on the Website through Registration, which is associated with the Buyer and includes an email address as a unique username.
Civil Code (Ptk.): The Civil Code of Hungary, Act V of 2013.
Product(s): The product(s) sold by the Trader on the Website, including those sold in virtual form only (hereinafter referred to as “E-Product” or “E-Products”).
Contract Conclusion: The process of concluding the Contract as described in Part II.
Contract: The individual sales contract concluded between the parties with respect to the Product, governed by the provisions of Book 6 of the Civil Code, and also subject to these General Terms and Conditions (GTC).
Data Processing Policy: The rules applied by the Trader for the processing of personal data.
The purpose of these GTC is to define the terms and conditions for the electronic commerce of the Trader’s Products. The scope of these GTC extends to the electronic commerce of the Trader’s Products.
II. Placing an order, conclusion of the contract
- The Buyer can obtain detailed information about the characteristics, price of the Product, as well as the delivery fee, duration, and conditions by clicking on the name of the Product or the image depicting the Product.
- The Buyer places the desired Product into a virtual shopping cart by selecting the “Add to Cart” button. A notification is displayed confirming that the Product has been added to the cart. For certain Products, selecting the quantity is also required to add the Product to the cart. The mere act of placing a Product in the cart does not guarantee its availability at the Merchant, does not constitute a reservation, and does not result in the conclusion of a Contract.
- After adding a Product to the cart, the Buyer may choose to continue shopping and add additional Products to the cart or proceed to place an order for the items in the cart.
- In the cart interface, the Buyer can review the contents of the cart. The Buyer may modify the order or remove items from the cart on the cart page.
- To proceed with placing the order, the Buyer must click on the “Proceed to Checkout” button. If the Buyer has already registered, they can log into their User Account. It is also possible to purchase without registration
- If the Buyer wishes to make a purchase without registration, they must provide the following information:
- For person Buyers:
- Last Name
- First Name
- Email Address
- For legal entities or organizations without legal personality:
- Name of the entity
- Registered address of the entity
- Tax number of the entity
- Email address of the entity
- For person Buyers:
- If the Buyer has already registered, upon logging in, the system will pre-fill the data listed in Section II/6 using the information provided during registration.
- After entering the required data, the Buyer may proceed by clicking the “Next” button to reach the review page prior to payment. On this page, the Buyer can again check the contents of the cart and the total amount of the order.
- Payment is only possible by credit/debit card.
- Before submitting the order, the Buyer must explicitly declare, by ticking the checkbox “I have read and accept the Terms and Conditions,” that they have read and accepted the Terms and Conditions. Likewise, they must check the box “I have read and accept the Privacy Policy” to declare the same regarding the Privacy Policy. Without these declarations, the order cannot be placed and no Contract can be concluded.
- Before submitting the order, the Buyer has the opportunity to add notes or specific requests related to the order.
- Following the steps outlined in Sections II/6-11, the Buyer may submit their order to the Merchant by clicking on the “Place Order” button. Afterward, the system automatically redirects the Buyer to the credit/debit card payment interface.
- By clicking the “Place Order” button, the Contract is concluded. If the Buyer pays for the ordered Products within the timeframe defined by the payment platform, in the case of E-Products, they will receive the Product immediately or no later than within 1 (one) working day to the email address provided during the order process. If payment is not made within the specified time or if the credit card payment fails for any reason, the Contract is automatically terminated with immediate effect.
- If the E-Product is delivered to the Buyer’s email address as provided during the order process, the Product is considered received by the Buyer, and the Merchant is deemed to have fulfilled the Contract.
- The Merchant issues an electronic invoice based on the information provided by the Buyer and sends it to the email address specified during the order.
- The Merchant retains ownership of the Products until full payment of the purchase price is made. The Buyer acquires ownership only after the full amount has been paid and the Product has been received.
- The governing language of the Contract is Hungarian. The Contract does not qualify as a written contract, and it is not filed by the Merchant, therefore it will not be accessible at a later date. However, the Merchant retains the order details and archives them for at least five years or as required by applicable laws.
- By accepting the Terms and Conditions, the Buyer also declares that they meet the requirements specified therein. The Merchant is neither obliged nor able to verify the identity of the party on the user side of the online transaction; thus, all responsibility for this lies solely with the Buyer.
- Commercial resale or redistribution of the Products is not permitted. The Merchant therefore reserves the right to reject any offer or refuse to fulfill any Contract if there is suspicion that the offer or Contract has been made for the purpose of commercial resale or redistribution.
III. Registration
- The Customer has the option to register on the Website and create a User Account.
- Registration is not mandatory for the Customer; however, it may be beneficial, as the Customer will not need to re-enter their details during subsequent orders after registration, as the system will automatically fill them in. A registered Customer also has the option to provide a different shipping and billing address before submitting the order.
IV. Technical possibilities for Identifying and correcting data entry errors before and after contract conclusion
- The contents of the cart can be checked, modified, or deleted at any time before submitting the order.
- The provided data (e.g., billing address, shipping address, name) related to the Registration can be checked and modified at any time through the User Account interface.
- The billing name and address can be modified before submitting the order, but cannot be changed after the order has been placed.
- Before submitting the order, the Customer can review and modify all the details of their order.
- After submitting the order, in case of incorrect orders or incorrect data provided, the Customer is entitled to notify the Merchant’s customer service of the error. After the Customer has received the Products, no further data modification is possible.
V. Price indication
- The prices assigned to the Products on the Website are indicated in Hungarian Forints (HUF) and include value-added tax (VAT).
- The Merchant shall under no circumstances refund the VAT to the Customer, except when the full purchase price is refunded.
- If, despite the Merchant’s due diligence and caution, an incorrect price is displayed on the Website, the Merchant is not obligated to sell the Product at the incorrect price, but may offer the Customer the option to complete the transaction at the correct and actual price. In this case, the Customer may withdraw their intention to purchase based on the correct price.
- An incorrect price is considered to exist when it is clearly established that there is a noticeable disproportion between the Product and the displayed price, or if the price of the Product significantly differs from the prices of similar or identical products available in the market.
VI. Warranty and quality guarantee
- The Merchant provides a legal warranty for the Products sold. The Merchant guarantees to the Customer that no third party has any rights to the Product that would prevent the performance of the Contract or the Customer’s acquisition of ownership.
- The Merchant provides a quality warranty for the Products sold. The Merchant further guarantees that at the time of receipt of the Product by the Customer:
- it possesses all the characteristics described by the Merchant or the manufacturer,
- it is delivered in the quantity corresponding to the order,
- it complies with legal regulations.
- If the Product does not meet the quality and quantity requirements set forth in this GTC, the Contract, or applicable laws at the time of delivery, the Merchant is considered to have performed the contract incorrectly.
- The Customer is obliged to notify the Merchant of any defects without delay after discovering them. The Customer is responsible for any damages arising from a delay in notifying the defect.
- If the defective performance is due to a fault of the Product, the Customer is entitled, depending on the nature of the Product, to request the repair or replacement of the Product by the Merchant, claim a proportional price reduction, or withdraw from the Contract.
- If the defective performance is due to an incorrect quantity or an incorrect Product being delivered, the Customer is entitled to request the delivery of the correct Product in the correct quantity or withdraw from the Contract.
- The Merchant agrees to pick up the defective Product at its own expense and deliver the correct Product to the shipping address provided during the order, if:
- the defective performance is due to the fault of the Product, and the Customer has requested repair or replacement of the Product,
- the defective performance is due to the incorrect quantity of the Product being delivered, and the Customer has requested delivery of the correct quantity,
- the defective performance is due to the incorrect Product being delivered, and the Customer has requested delivery of the correct Product.
- If the Product cannot be replaced due to its nature, the Merchant will not accept the return of the Product in case of a warranty claim for replacement, but will instead commit to sending a new Product that corresponds to the order.
- If the Customer wishes to enforce a warranty claim, they may send it to the Merchant’s customer service address or email. When enforcing the claim, the Customer must specify the order identification number and indicate which type of warranty claim they are making. If the Customer withdraws from the Contract, they are entitled to use the form downloadable from the Website according to Appendix 2 of the GTC.
- A warranty claim cannot be enforced in case of defective performance if the Customer was aware of the defect before receiving the Product or if the defect was caused by the Customer.
- The warranty period lasts for 12 (twelve) months from the receipt of the Product by the Customer. The warranty period restarts upon the replacement of the affected Product.
VII. Provisions for consumers
- If the Customer also qualifies as a Consumer, the Contract concluded between the Parties shall be considered a consumer contract. The provisions of the GTC must be interpreted together with the provisions specified in this section for consumer contracts.
- Quality warranty
- Unless proven otherwise, it shall be presumed that any defect identified by the Consumer within six months of the performance already existed at the time of performance, unless this presumption is incompatible with the nature of the Product or the defect.
- When enforcing a quality warranty claim, any defect reported within two months of discovery must be considered as reported without delay.
- The Consumer’s quality warranty claim expires two years from the date of performance, meaning the warranty lasts for 24 (twenty-four) months from the Customer’s receipt of the Product.
- Product warranty
- The Consumer has the right to demand from the manufacturer that the defect of the Product be repaired or, if repair is not possible within a reasonable time and without prejudice to the Consumer’s interests, to request the Product’s replacement. The Product is considered defective if it does not meet the quality requirements applicable at the time the Product was placed on the market by the manufacturer or does not have the properties described by the manufacturer.
- The Consumer must report any defects to the manufacturer or the Merchant without delay after discovering them. Any defect reported within two months of discovery shall be deemed to have been reported without delay. The Customer is responsible for any damages resulting from a delay in reporting the defect.
- The manufacturer or the Merchant is liable for the product warranty for 24 (twenty-four) months from the date of placing the product on the market.
- A quality warranty claim cannot be enforced alongside a product warranty claim. If it is unclear whether the Consumer is enforcing a product warranty or a quality warranty claim, the Merchant will evaluate the claim in the most favorable way for the Consumer.
- For the purposes of this section, the manufacturer is considered to include the product’s producer and distributor, including the Merchant.
- Withdrawal from the contract (Appendix 1 – Withdrawal Sample Notice)
- The Consumer is entitled to withdraw from the Contract within 14 (fourteen) calendar days after receiving the Products without providing any reason.
- If the Customer wishes to withdraw, they may send their request to the Merchant’s customer service address or email. The Customer must specify the order identification number and clearly state their intention to withdraw. If the Customer withdraws from the Contract, they are entitled to use the form available on the Website, which is in Appendix 2 of the GTC.
- In case of withdrawal, the Customer must:
- refuse the delivery of the Products,
- return the Products to the delivery person (courier), or
- return the Products at their own expense to the Merchant’s customer service address.
- In accordance with point VII/4.3.3., in case of withdrawal, the Consumer must return the Product at their own expense to the Merchant within 14 (fourteen) days after notifying the withdrawal.
- In case of withdrawal, the Merchant agrees to refund the purchase price of the Products – if paid – within 14 (fourteen) days from the receipt of the withdrawal notice.
- Dispute resolution
- In case of a consumer dispute, the Consumer is entitled to approach the competent regional conciliation board of their place of residence, in addition to the dispute resolution forums specified in Section XI. The Merchant informs the Customer that it does not submit to the decision of the board unless explicitly stated otherwise.
- For cross-border consumer disputes related to online sales contracts, Consumers have the option to electronically resolve their cross-border disputes related to online purchases via the online platform available at [https://webgate.acceptance.ec.europa.eu/odr/main/?event=main.home.show].
- The Consumer must register and fully complete the request related to the procedure, then submit it electronically to the Conciliation Board via the platform.
- In Hungary, the Budapest Conciliation Board is authorized to handle cross-border disputes between consumers and merchants related to online sales or service contracts.
- For more information on quality warranty, product warranty, and guarantee, see the sample notice in Appendix 3 of the GTC.
VIII. E-products
- E-Products provide the rights and benefits specified for each respective E-Product for the Customers.
- The provisions of these GTC must be applied to E-Products with the following exceptions:
- Regarding warranty and consumer rights arising from E-Products – due to the nature of such Products – only the replacement of the E-Product or withdrawal from the Contract is possible.
- For E-Products, the provisions regarding delivery and shipping are understood to refer to the sending of the Product via email, with the condition that the Customer is not entitled to return it and is not obligated to do so.
- For E-Products, the refusal of receipt is not possible due to the nature of delivery.
- In the case of an E-Product, if the Customer requests the replacement of a defective Product, the Merchant will send a new E-Product to the Customer’s provided email address, and the previous E-Product will become invalid for use.
- In the case of withdrawal from the E-Product, the E-Product will no longer be usable.
- E-Products can only be used in the Merchant’s physical store in printed form.
- E-Products have a unique identification number.
- The rights and benefits provided by the E-Product may be exercised by the current holder of the Product in the Merchant’s physical store. Unless otherwise specified, the E-Product can be used only once, and the Merchant may refuse repeated use.
- The Customer must ensure that the E-Product can only be used by the Customer or a person designated by the Customer. Therefore, the Customer must ensure that the E-Product they purchased does not fall into the hands of unauthorized persons. The Merchant does not verify the identity of the E-Product user and is not responsible for its unauthorized use.
- The Merchant has the right to verify the authenticity of the E-Product, and if there is reasonable doubt that the E-Product is counterfeit or forged, the Merchant has the right to refuse its use.
- The Merchant does not provide any warranty for E-Products that were not purchased through the Website by the user.
- The Merchant is not obliged to ensure the usability of an E-Product that was not purchased by the user through the Website.
IX. Data protection provisions
- The Merchant stores the personal data provided by the Customer for specific purposes, solely for the performance of these GTC, the execution of the Contract, and the later proof of the conditions of the Contract, if necessary. The Merchant does not disclose the Customer’s data to any third party, except for a third party involved in the performance of the Contract, as well as any court or authority that requires such disclosure by a mandatory decision.
- When processing the Customer’s data, the Merchant complies with the provisions of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and the Council, as well as the Hungarian Act CXII of 2011 on the Right to Informational Self-Determination and on Freedom of Information, and the applicable provisions thereof, along with its own Data Processing Policy.
- The Customer is entitled to review the Data Processing Policy prior to providing personal data and is required to accept it before placing an order or registering. If the Data Processing Policy is not accepted, the Contract will not be concluded.
X. Responsibility regarding the website’s operation, copyrights, trademarks
- The images and colors displayed for the Products are illustrations, and therefore, they may differ from reality. The information on the Website has been placed in good faith; however, it serves only for informational purposes. The Merchant does not assume responsibility for the accuracy, completeness, any other errors, or typographical mistakes in the information.
- The Merchant is not responsible for:
- Any operational errors in the internet network or for any disruptions or obstacles in the use of the Website caused by such errors, and the resulting consequences;
- Any loss of data, or failure to receive, delay, or the resulting consequences from sent or received emails;
- The emails being placed in the Junk/Spam/Promotion folder due to excessive activity of spam filters on either the sending or receiving side, or the resulting consequences, including possible loss or deletion;
- Any malfunction in any communication line, whether on the sending or receiving side, or in any of the intermediate channels;
- Any malfunction of any software used during the transaction.
- The Merchant reserves all rights to every element of its service, with special emphasis on the domain name twentysixbudapest.com, its subdomains, subpages, and online advertising spaces.
- The Website and its contents are under copyright protection. The use, copying, or reproduction of the Website’s content, including but not limited to the Merchant’s trademarks, is prohibited without the Merchant’s permission. It is prohibited to download, electronically store, process, or sell any content or part thereof from the Website. An exception to this provision is made for downloading the GTC and the Merchant’s Data Processing Policy for the purpose of familiarization.ő letöltése.
XI. Information, complaint handling, dispute resolution
- For the purpose of providing information related to orders, handling complaints, and satisfying other customer needs, the Merchant operates a customer service.
- Customer service contact details:
- Address: 1061 Budapest, Király utca 26
- Mailing address: 1061 Budapest, Király utca 26
- Email: [email protected]
- Phone number: +36703956129
- The customer service is available by phone and in person on business days between 10:00 and 18:00.
- The Merchant has not subscribed to any code of conduct.
- Both Consumers and non-Consumers are entitled to enforce claims arising from a consumer dispute before a court, in accordance with the provisions of the Civil Code (Ptk.) and the Civil Procedure Act 2016, CXXX. According to the GTC and the Contract, Hungarian law and the Hungarian language are mandatory for resolving disputes between the Parties. In the case of a non-Consumer Purchaser, the competent court for dispute resolution is the court with jurisdiction based on the Merchant’s headquarters.
XII. Final provisions
- The Merchant reserves the right to unilaterally amend these GTC at any time. The modified provisions shall apply to orders placed and contracts entered into after the effective date of the modification. The Merchant retains the right to make any changes or improvements to the Website at any time without prior notice.
- The invalidity of any provision of these GTC or the Contract shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that most closely reflects the parties’ intentions at the time of contract formation and is lawful.
- For any matters not regulated by these GTC or the Contract, Hungarian laws, particularly the provisions of the Civil Code (Ptk.), shall apply.
Budapest, 2025. 04.03.
KOMPLEX EVENT Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság
Appendix 1 – Sample withdrawal notice
Pursuant to Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses
You are entitled to withdraw from the contract without giving any reason within 14 days.
The withdrawal/termination period expires 14 days after the day you or a third party designated by you, who is not the carrier, takes possession of the product.
If you wish to exercise your right of withdrawal/termination, you must send a clear statement containing your intention to withdraw/terminate (for example, by post, fax, or email) to the following address: KOMPLEX EVENT Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (head office: 1061 Budapest, Király utca 26, 2nd floor; postal address: 1061 Budapest, Király utca 26, 2nd floor; email: [email protected]). For this purpose, you may also use the sample withdrawal/termination notice set out in Appendix 2.
You will be considered to have exercised your withdrawal/termination right within the deadline if you send your withdrawal/termination notice before the expiration of the above-mentioned period.
We may withhold the refund until we have received the product or you have provided evidence that you have sent it back: the earlier of the two dates will be taken into account.
You must return the product to us without undue delay, and in any event, within 14 days of notifying us of your withdrawal. The deadline is considered met if you send the product before the 14-day period expires.
You bear the direct cost of returning the product, which is the shipping cost indicated at the time of placing the order.
You may only be held liable for any diminished value of the product if the depreciation is a result of use exceeding what is necessary to establish the nature, characteristics, and functioning of the product.
Appendix 2 – Sample withdrawal/Termination notice
Pursuant to Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses
(Complete and return this form only if you wish to withdraw/terminate the contract)
Recipient: KOMPLEX EVENT Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (head office: 1061 Budapest, Király utca 26, 2nd floor; postal address: 1061 Budapest, Király utca 26, 2nd floor; email: [email protected])
I/We, the undersigned, hereby declare that I/we exercise the right of withdrawal/termination with respect to the following product(s) sale contract:
Order identification number:
Date of receipt:
Consumer(s)/Purchaser(s) name(s):
Consumer(s)/Purchaser(s) address:
Consumer(s)/Purchaser(s) signature(s): (only for paper-based declarations)
Date:
Appendix 3 – Information on warranty, product warranty, and guarantee
Pursuant to Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses
1. Warranty for conformity
When can you exercise your warranty rights?
You may exercise your warranty rights against KOMPLEX EVENT Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (head office: 1061 Budapest, Király utca 26, 2nd floor; company registration number: 01-09-343414; short name: KOMPLEX EVENT Ltd.; jointly authorized representatives: Ludányi-Nagy Dorottya and Poisson-Angeli Barbara, managing directors) in the event of faulty performance, as per the Civil Code regulations.
What rights do you have based on your warranty claim?
You may choose to:
- Request repair or replacement, unless the requested remedy is impossible or would incur disproportionate costs for the business compared to other remedies. If you did not request or could not request repair or replacement, you may ask for a proportional reduction in the price or fix the defect at your own expense, or even cancel the contract in extreme cases.
You may switch between warranty options, but you will bear the cost of the switch, unless the change was justified or caused by the business.
What is the time limit for exercising your warranty rights?
You must notify the defect without delay after discovering it, but no later than two months from its discovery. However, you should be aware that you cannot exercise your warranty rights after two years from the performance of the contract.
Against whom can you exercise your warranty rights?
You may exercise your warranty rights against the business.
What other conditions apply to exercising warranty rights?
If you exercise your warranty rights within six months of performance, no further conditions apply beyond notifying the defect, provided you can prove that the product or service was provided by KOMPLEX EVENT Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság. After six months, you must prove that the defect existed at the time of performance.
2. Product warranty
When can you exercise your product warranty rights?
If the product is defective, you may choose to exercise either the warranty rights mentioned above or the product warranty rights.
What rights do you have based on your product warranty claim?
Under product warranty, you may only request repair or replacement of the defective product.
When is a product considered defective?
A product is defective if it does not meet the quality requirements applicable at the time it was placed on the market, or if it lacks the properties described by the manufacturer.
What is the time limit for exercising your product warranty rights?
You must exercise your product warranty rights within two years from the date the product was placed on the market by the manufacturer. After this period, you will lose this right.
Against whom and under what conditions can you exercise your product warranty claim?
You may only exercise your product warranty claim against the manufacturer or distributor of the product. You will need to prove the defect when exercising your product warranty claim.
When is the manufacturer (distributor) exempt from product warranty obligations?
The manufacturer (distributor) is only exempt from product warranty obligations if it can prove:
- The product was not manufactured or placed on the market in the course of its business activities, or
- The defect could not have been detected at the time the product was placed on the market according to the state of science and technology, or
- The product defect arises from the application of legal regulations or mandatory official requirements.
The manufacturer (distributor) only needs to prove one of these reasons to be exempt.
Please note that you cannot simultaneously exercise warranty and product warranty claims for the same defect. However, if your product warranty claim is successful, you may still exercise your warranty rights for the replaced or repaired part against the manufacturer.
3. Guarantee
When can you exercise your warranty rights?
In the event of defective performance, KOMPLEX EVENT Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (head office: 1061 Budapest, Király utca 26, 2nd floor; company registration number: 01-09-343414; short name: KOMPLEX EVENT Ltd.; jointly authorized representatives: Ludányi-Nagy Dorottya and Poisson-Angeli Barbara, managing directors) is obligated to provide a guarantee for certain durable consumer goods, according to Government Decree 151/2003. (IX. 22.)
What rights and time limits apply to you under the guarantee?
Under the guarantee, you are entitled to the same rights as under the warranty, within the period specified on the guarantee certificate.
When is the business exempt from its guarantee obligations?
The business is exempt from its guarantee obligations if it proves that the defect arose after the performance.
Please note that you cannot exercise both a warranty and a guarantee claim for the same defect. However, you are entitled to the rights under the guarantee independently of the rights specified in points 1 and 2.