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Information on the consumer buyer’s right of withdrawal
For the purposes of Section 8:1 (1) point 3 of the Civil Code (Ptk.), a consumer is only a natural person acting outside the scope of their trade, self-employment or business activity; therefore, legal persons may not exercise the right of withdrawal without giving reasons.
Pursuant to Section 20 of Government Decree 45/2014. (II. 26.), the consumer is entitled to withdraw from the contract without giving reasons. The consumer may exercise the right of withdrawal
a) in the case of a contract for the sale of goods
aa) in respect of a single product,
ab) in the case of the sale of several products, where the individual products are supplied at different times, in respect of the last product supplied,
within the period calculated from the day on which the product is received by the consumer or by a third party, other than the carrier, indicated by the consumer; this period is 14 days.
The provisions of this section do not affect the consumer’s right to exercise the right of withdrawal specified herein during the period between the day of conclusion of the contract and the day of receipt of the product.
If the contract was concluded on the basis of an offer made by the consumer, the consumer shall be entitled to withdraw the offer prior to the conclusion of the contract, which terminates the binding force of the offer relating to the conclusion of the contract.
1.1 Withdrawal statement; exercising the consumer’s right of withdrawal or termination
The consumer may exercise the right provided under Section 20 of Government Decree 45/2014. (II. 26.) by making an unambiguous statement to this effect, or by using the model withdrawal form that can also be downloaded from the website.
1.2 Validity of the consumer’s withdrawal statement
The right of withdrawal shall be deemed to have been exercised in due time if the consumer sends their statement within the deadline. The deadline is 14 days.
The consumer bears the burden of proving that they exercised their right of withdrawal in accordance with these provisions.
Following receipt of the consumer’s withdrawal statement, the Seller shall confirm its receipt on a durable medium.
1.3 Seller’s obligations in the event of the consumer’s withdrawal
1.3.1 Seller’s obligation to refund
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014. (II. 26.), the Seller shall, no later than fourteen days from the date on which it is informed of the withdrawal, refund the full amount paid by the consumer as consideration, including costs incurred in connection with performance, such as the delivery fee. Please note that this provision does not apply to additional costs resulting from the consumer’s choice of a mode of delivery other than the least costly standard mode of delivery offered.
1.3.2 Method of refund by the Seller
In the event of withdrawal or termination in accordance with Section 22 of Government Decree 45/2014. (II. 26.), the Seller shall reimburse the amount due to the consumer using the same means of payment as used by the consumer for the original transaction. With the consumer’s express consent, the Seller may use a different means of refund; however, the consumer shall not incur any additional fees as a result. The Seller shall not be liable for any delay resulting from an incorrectly and/or inaccurately provided bank account number or postal address by the Consumer.
1.3.3 Additional costs
If the consumer expressly chooses a mode of delivery other than the least costly standard mode of delivery, the Seller shall not be obliged to reimburse any additional costs resulting therefrom. In such cases our obligation to refund is limited to the amount of the general delivery charges indicated.
1.3.4 Right of retention
The Seller may withhold the refund until it has received the product back, or the consumer has supplied evidence of having sent back the product, whichever is the earlier. We are unable to accept consignments sent cash on delivery or postage due.
1.4 Consumer’s obligations in the event of withdrawal or termination
1.4.1 Return of the product
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014. (II. 26.), the consumer shall return the product without undue delay, but no later than fourteen days from the date on which they communicated their withdrawal, or hand it over to the Seller or to a person authorised by the Seller to receive the product. The deadline is met if the consumer sends back the product before the fourteen-day period has expired.
1.4.2 Direct costs related to returning the product
The consumer shall bear the direct cost of returning the product. The product must be returned to the Seller’s address. If, after performance has begun, the consumer terminates a contract concluded off-premises or at a distance for the provision of services, the consumer shall pay the business an amount proportionate to the service performed up to the time the business was notified of the termination. The proportionate amount payable by the consumer shall be calculated on the basis of the total amount of consideration specified in the contract including taxes. If the consumer proves that the total amount thus calculated is excessive, the proportionate amount shall be calculated on the basis of the market value of the services performed up to the time of termination. Please note that we are unable to accept products returned cash on delivery or postage due.
1.4.3 Consumer’s liability for diminished value
The consumer shall be liable for any diminished value of the product resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the product.
1.5 Cases where the right of withdrawal may not be exercised
The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal in the cases set out in Section 29 (1) of Government Decree 45/2014. (II. 26.), including:
— in the case of a contract for the provision of services, after the service has been fully performed, if performance was begun with the consumer’s express prior consent and the consumer acknowledged that they would lose their right of termination once the service had been fully performed;
— in respect of goods or services the price or fee of which depends on fluctuations in the financial market which are beyond the Seller’s control and may occur within the withdrawal period;
— in the case of goods not prefabricated, produced on the basis of the consumer’s instructions or at the consumer’s express request, or goods clearly personalised for the consumer;
— in respect of goods which are liable to deteriorate or expire rapidly;
— in respect of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
— in respect of goods which, by their nature, are inseparably mixed with other items after delivery;
— in respect of alcoholic beverages where the actual value depends on market fluctuations beyond the Seller’s control and the price was agreed at the time of concluding the sales contract, but performance can only take place after thirty days from the conclusion of the contract;
— in the case of service contracts where the business visits the consumer at the consumer’s express request to carry out urgent repair or maintenance work;
— in respect of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
— in respect of newspapers, periodicals or magazines, with the exception of subscription contracts;
— in contracts concluded at a public auction;
— in respect of contracts for the provision of accommodation other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities where the contract provides for a specific date or period of performance;
— in respect of digital content supplied on a non-tangible medium, if performance has begun with the consumer’s express prior consent, and the consumer has simultaneously acknowledged that they thereby lose their right of withdrawal once performance has begun.
1.6 Requirements for conformity with the contract
Requirements for conformity in general for goods and goods with digital elements sold under a consumer contract
At the time of performance, the product and the performance must meet the requirements set out in Government Decree 373/2021. (VI. 30.).
For performance to be deemed in conformity with the contract, the product forming the subject-matter of the contract must
— comply with the description, quantity, quality and type set out in the contract, and possess the functionality, compatibility, interoperability and other characteristics as specified in the contract;
— be fit for any particular purpose for which the consumer requires it and which the consumer made known to the Seller at the latest at the time of the conclusion of the contract, and which the Seller has accepted;
— be supplied with all accessories and instructions set out in the contract — including installation instructions, assembly instructions and customer support; and
— be supplied with the updates specified in the contract.
Furthermore, for performance to be deemed in conformity with the contract, the product forming the subject-matter of the contract must
— be fit for the purposes for which goods of the same type would normally be used, as prescribed by law, technical standards, or, in the absence thereof, by applicable codes of conduct;
— possess the quantity, quality, durability, functionality, compatibility, accessibility, continuity and safety and other characteristics which are normal for goods of the same type and which the consumer may reasonably expect, taking into account any public statements — in particular in advertising or on labelling — made by the Seller, its representative or any other person in the chain of transactions regarding the specific characteristics of the product;
— be supplied with the accessories and instructions, including packaging and installation instructions, which the consumer may reasonably expect; and
— correspond to the qualities and description of the sample or model that the business made available to the consumer before the conclusion of the contract.
The product need not comply with the above public statement if the Seller proves that
— it was not aware of the public statement and could not reasonably have been aware of it;
— the public statement had been corrected by the time the contract was concluded; or
— the public statement could not have influenced the consumer’s decision to conclude the contract.
Requirements for conformity in the case of a contract for the sale of goods under a consumer contract
The Seller performs defectively if the defect of the goods results from improper installation, provided that
a) installation forms part of the sales contract and was carried out by the Seller or under the Seller’s responsibility; or
b) the installation was to be carried out by the consumer, and the improper installation was due to shortcomings in the installation instructions provided by the Seller — or, in the case of goods with digital elements, by the provider of the digital content or digital service.
If under the sales contract the goods are to be installed by the Seller, or installation takes place under the Seller’s responsibility, performance shall be deemed completed when the installation has been completed.
In the case of goods with digital elements, if the sales contract provides for the continuous supply of the digital content or digital service for a specified period, the Seller shall be liable for any lack of conformity related to the digital content if the lack of conformity becomes apparent within two years from performance in the case of continuous supply not exceeding two years.
Requirements for conformity in the case of goods with digital elements sold under a consumer contract
For goods with digital elements, the Seller must ensure that the consumer is informed of updates to the digital content of the goods or the related digital service — including security updates — that are necessary to maintain conformity of the goods, and must ensure that the consumer receives such updates.
The Seller shall make updates available:
— if the contract provides for a one-off supply of the digital content or digital service, for a period that the consumer may reasonably expect, taking into account the type and purpose of the goods and digital elements, and the circumstances and nature of the contract; or
— if the contract provides for continuous supply of the digital content, for a period of two years from performance in the case of continuous supply not exceeding two years.
If the consumer does not install the updates provided within a reasonable time, the Seller shall not be liable for any lack of conformity resulting solely from the absence of the relevant update, provided that
a) the Seller informed the consumer of the availability of the update and of the consequences of the consumer’s failure to install it; and
b) the consumer’s failure to install the update or incorrect installation is not due to shortcomings in the installation instructions supplied by the Seller.
No lack of conformity shall be established if, at the time of the conclusion of the contract, the consumer was specifically informed that a particular characteristic of the goods differs from the above and the consumer expressly accepted this deviation when concluding the sales contract.
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Warranty for defects, product warranty, and guarantee
This section of the consumer information notice has been prepared pursuant to Section 9 (3) of Government Decree 45/2014 (II. 26.) and Annex 3 of the same decree, supplemented by provisions of laws adopted after its entry into force.
2.1 Warranty for defects (Kellékszavatosság)
When can you exercise your warranty rights for defects?
If the Seller performs defectively, you may assert a warranty claim for defects against the Seller in accordance with the provisions of the Civil Code (Act V of 2013) and, in the case of consumer contracts, the provisions of Government Decree 373/2021 (VI. 30.).
What rights are you entitled to under the warranty for defects?
General rules for warranty claims for defects:
At your choice, you are entitled to the following warranty claims:
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You may request repair or replacement, unless the remedy you have chosen is impossible or would impose disproportionate additional costs on the Seller compared to another possible remedy.
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If you did not, or could not, request repair or replacement, you may demand a proportionate reduction in the purchase price, repair the defect yourself at the Seller’s expense or have it repaired by another party, or — as a last resort — withdraw from the contract.
You may switch from the chosen warranty right to another, but you must bear any resulting cost, unless the switch was justified or the Seller gave cause for it.
In consumer contracts, it is presumed (unless proven otherwise) that any defect detected within one year of delivery already existed at the time of delivery, except where this presumption is incompatible with the nature of the goods or the defect.
In the case of used products, the warranty and guarantee rights differ from the general rules. Used goods may also be defective, but you must take into account the expected wear and tear. The buyer can only assert warranty rights for defects that go beyond normal wear and are unrelated to it. If you were informed of a defect at the time of purchase, the Seller is not liable for that known defect.
For non-consumer buyers, the limitation period for asserting warranty rights for defects is one year from the date of delivery.
Special rules for warranty for defects in goods and goods with digital elements under consumer contracts
In the case of consumer contracts for the sale of movable goods or the supply of digital content, the consumer’s warranty rights apply with the following exceptions:
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The consumer may not repair or have the defect repaired by another person at the Seller’s expense.
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The Seller may refuse to bring the goods into conformity if repair or replacement is impossible or would entail disproportionate costs, taking into account all circumstances, including the value of the product in faultless condition and the significance of the lack of conformity.
The consumer is also entitled — in proportion to the seriousness of the lack of conformity — to a proportionate price reduction or to terminate the contract if:
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the Seller has not carried out repair or replacement, or has done so but not in full compliance with the legal requirements;
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the Seller has refused to bring the goods into conformity;
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a repeated lack of conformity has occurred despite the Seller’s attempts to remedy it;
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the lack of conformity is so serious as to justify immediate price reduction or termination; or
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it is evident that the Seller will not bring the goods into conformity within a reasonable time or without causing significant inconvenience to the consumer.
If the consumer terminates the sales contract on the grounds of defective performance, the burden is on the Seller to prove that the defect is minor.
The consumer may retain all or part of the remaining purchase price proportionate to the severity of the lack of conformity until the Seller has fulfilled its obligations.
General principles:
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The Seller must bear the cost of collecting the replaced goods.
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If repair or replacement requires removing goods that were installed before the defect appeared, the Seller must remove the non-conforming goods and install the replacement or repaired item or bear the associated costs.
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The reasonable deadline for repair or replacement starts when the consumer notifies the business of the defect.
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The consumer must make the goods available to the Seller for repair or replacement.
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The price reduction is proportionate if it equals the difference between the value of the goods received and the value of goods in conformity with the contract.
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The right to terminate the contract may be exercised by sending a statement to the Seller expressing this decision.
If the defective performance affects only a specific part of the goods, the consumer may terminate the contract only in respect of that part — unless it would be unreasonable to expect them to keep only the non-defective items.
Upon termination:
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The consumer must return the goods to the Seller at the Seller’s expense; and
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The Seller must immediately refund the price paid once it has received the goods or proof of their return.
Deadlines for asserting warranty claims for defects:
You must notify the Seller of the defect immediately after its discovery. A defect reported within two months of discovery is deemed timely. However, you may not assert a warranty claim after two years from delivery. For used goods, the parties may agree on a shorter limitation period, but not less than one year.
Against whom may you assert your warranty claim?
You may assert it against the Seller.
Other conditions:
Within six months of delivery, the consumer need only prove that the goods were purchased from the Seller. After six months, the consumer must prove that the defect already existed at the time of delivery.
2.2 Product Warranty (Termékszavatosság)
When can you exercise your product warranty rights?
In the event of a defect in a movable item (product), you may, at your discretion, assert a warranty for defects or a product warranty claim.
Your rights under the product warranty:
You may only request the repair or replacement of the defective product.
When is a product considered defective?
A product is defective if it does not meet the quality standards in force at the time it was placed on the market or does not possess the characteristics described by the manufacturer.
Deadline:
You may assert your product warranty claim within two years from the date the product was first placed on the market by the manufacturer. After this period, you lose this right.
Against whom and under what conditions may you assert this right?
You may assert it only against the manufacturer or distributor of the movable item. The burden of proof lies with you to show that the product is defective.
The manufacturer (or distributor) is exempt from liability if it can prove that:
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the product was not manufactured or placed on the market in the course of business;
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the defect was not detectable according to the state of scientific and technical knowledge at the time of placing the product on the market; or
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the defect results from the application of a law or a mandatory regulatory requirement.
It is sufficient for the manufacturer to prove one of these grounds for exemption.
You may not assert warranty for defects and product warranty claims simultaneously for the same defect. If your product warranty claim is successful, you may, however, assert a warranty for defects claim against the manufacturer for the replaced product or the repaired part.
2.3 Guarantee
When can you exercise your guarantee rights?
According to Government Decree 151/2003 (IX. 22.) on mandatory guarantees for certain durable consumer goods, the Seller is obliged to provide a guarantee for new durable consumer goods listed in Annex 1 of the Decree (e.g. technical devices, tools, machinery), including their accessories and components.
The Seller may also voluntarily offer a guarantee, in which case it must issue a guarantee statement to the consumer on a durable medium at the latest upon delivery.
The guarantee statement must include:
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a clear statement that the consumer’s statutory warranty rights remain unaffected and are free of charge;
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the name and address of the guarantor;
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the procedure for enforcing the guarantee;
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identification of the goods covered by the guarantee; and
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the terms and conditions of the guarantee.
Guarantee rights and deadlines:
According to Government Decree 151/2003 (IX. 22.):
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For goods priced between HUF 10,000 and HUF 100,000: 1 year
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For goods priced between HUF 100,000 and HUF 250,000: 2 years
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For goods priced above HUF 250,000: 3 years
The period begins upon delivery or, if installation is performed by the Seller or its representative, on the day of installation. If installation occurs later than six months after delivery, the guarantee period still starts from the delivery date.
Processing guarantee claims:
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The Seller should strive to complete repairs within 15 days.
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If repair or replacement exceeds 15 days, the Seller must inform the consumer of the expected duration.
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If the product cannot be repaired upon first repair, it must be replaced within 8 days, or, if replacement is not possible, the purchase price must be refunded.
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If the Seller cannot repair the product within 30 days, it must replace or refund the item within 8 days unless the consumer agrees to a later repair date.
If the product fails for the fourth time, the consumer may:
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request another repair;
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request a proportionate price reduction;
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have it repaired at the Seller’s expense; or
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request replacement or refund if none of the above is possible.
Exceptions:
Certain vehicles and large motorised goods (e.g. cars, motorbikes, boats, caravans) are excluded from some guarantee handling rules, though repairs should still be completed within 15 days.
Relationship between guarantees and warranty rights:
The guarantee exists in addition to the warranty for defects and product warranty. The main difference is that under a guarantee, the burden of proof is more favourable to the consumer.
The Seller may only be released from the guarantee obligation if it proves that the cause of the defect arose after delivery.
Note: You may not simultaneously assert both a warranty for defects and a guarantee claim, or a product warranty and a guarantee claim for the same defect. However, your rights arising from the guarantee exist independently of your warranty rights.