Preamble
Welcome to our website!
Thank you for choosing our company and honoring us with your trust.
The following General Terms and Conditions (GTC) contain the rules applicable to browsing and purchasing on our website. This document was created using the Sellvio GTC generator.
If you have any questions regarding the content of the GTC, the operation of the website, the products, or the purchasing process, or if you wish to discuss your individual needs with us, please contact our customer service at one of the provided contact details.
Imprint: details of the Service Provider (Seller, Company)
Name: Tuning Centrum Sportservice Trading and Service Ltd.
Registered office: 1183 Budapest, Zólyom utca 13.
Company registration number: 01-09-913530
Tax number: 14649622243
Representative: Marcell Szabó
Phone number: +36 30 422-2233
E-mail: marcell.szabo@tcss.hu
Website: kamionalu.hu
Hosting provider details
Name: Yettel Hungary Plc.
Registered office: Hungary, Törökbálint, Pannon út 1.
Website: yettel.hu
Definitions
Goods: Movable items offered for sale on our website, including:
- water, gas, and electricity marketed in tanks, bottles, or otherwise in limited quantities or specified volumes;
- as well as movable items that contain digital content or digital services or are connected to them in such a way that without the relevant digital content or service the goods would not be usable as intended.
Goods containing digital elements: A movable item that incorporates digital content or a digital service or is closely connected to them, and without such digital content or service is unable to perform its function.
Digital content: Data produced or supplied in digital form.
Parties: The Seller and the Buyer jointly.
Consumer: A natural person acting outside their trade, independent occupation, or business activity.
Consumer contract: A contract in which one party qualifies as a consumer.
Functionality: The capability of goods containing digital elements, digital content, or digital services to perform the functions necessary for their intended operation.
Manufacturer: The producer of the Goods, or in the case of imported goods, the importer bringing them into the territory of the European Union, as well as any person indicated as the manufacturer on the packaging, trademark, or other distinguishing marking.
Interoperability: The ability of goods containing digital elements, digital content, or services to operate together with hardware or software of a different type.
Compatibility: The ability of goods containing digital elements, digital content, or services to operate together without conversion with hardware and software of similar purpose.
Website: The website operated by the Seller, serving as the platform for concluding contracts.
Durable medium: A device that enables the recipient to store and access information addressed personally to them for a long period in unchanged form.
Means of distance communication: Any device that enables the conclusion of a contract without the simultaneous physical presence of the parties. Such devices may include the internet, telephone, fax, form, or advertisement containing an order form.
Distance contract: A consumer contract concluded within an organized distance sales system exclusively through the use of means of distance communication.
Business: A natural or legal person acting within the scope of their professional or business activity.
Buyer / You: The person who submits a purchase offer via the Website and thereby concludes a contract with the Seller.
Warranty: In contracts concluded between a consumer and a business, warranty shall be interpreted as follows:
- Voluntary warranty: A commitment undertaken voluntarily by the business, beyond or in the absence of statutory obligation, for proper performance of the contract.
- Mandatory warranty: A warranty obligation based on legislation, binding on the business.
Purchase price: The consideration payable for the Goods and for the provision of digital content.
Applicable legislation
The Contract shall be governed by Hungarian law, and in particular by the following legislation:
- Act CLV of 1997 on Consumer Protection
- Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services
- Act V of 2013 on the Civil Code
- Government Decree 151/2003 (IX.22.) on mandatory warranty for durable consumer goods
- IM Decree 10/2024 (VI.28.) on determining the scope of durable consumer goods subject to mandatory warranty
- Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses
- NGM Decree 19/2014 (IV.29.) on the procedural rules for handling warranty and guarantee claims relating to goods sold under contracts between consumers and businesses
- Act LXXVI of 1999 on Copyright
- Act CXII of 2011 on Informational Self-Determination and Freedom of Information
- REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (28 February 2018) on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market, and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394, and Directive 2009/22/EC
- REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (27 April 2016) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
- Government Decree 373/2021 (VI. 30.) on the detailed rules of contracts for the sale of goods and the supply of digital content and digital services between consumers and businesses
Scope and acceptance of the General Terms and Conditions (GTC)
These General Terms and Conditions (hereinafter: GTC) define the content of the contractual relationship created via the Website, in addition to the relevant mandatory legal provisions. The GTC contain the rights and obligations between the Buyer and the Seller, the conditions for concluding the contract, performance deadlines, payment and delivery terms, liability rules, and the manner of exercising the right of withdrawal.
Technical information necessary for using the Website, insofar as it is not included in these GTC, is provided by other information available on the Website.
Before finalizing the order, the Buyer is obliged to familiarize themselves with and accept the provisions of these GTC.
Language and form of the contract
The language of contracts covered by these GTC is Hungarian.
These contracts are concluded electronically, do not qualify as written contracts, and are not filed by the Seller.
Complaint handling and legal enforcement options
If you have an individual legal or interest-related grievance regarding the purchased goods, or in connection with the activity of the Seller or a person acting on behalf of the Seller, you may submit your complaint via one of the following contact options:
- In writing via an online interface: kamionalu.hu
- In writing by email to: marcell.szabo@tcss.hu
- In writing by post to: 1183 Budapest, Zólyom utca 13.
It is important to note that warranty and guarantee claims are governed by separate legislation and are not handled under the rules of the Consumer Protection Act (Fgytv.).
A consumer protection complaint that does not qualify as a warranty or guarantee claim may be submitted verbally or in writing. Verbal complaints are investigated immediately and, if an immediate solution is not possible, minutes are taken, which the consumer receives.
The business is obliged to examine a verbal complaint immediately and remedy it as necessary. The business is obliged to examine the verbal complaint without delay and, where possible, remedy it immediately. If the consumer does not agree with how the complaint is handled, or if immediate investigation is not feasible, the business must prepare minutes about the complaint and its own position.
A copy of the minutes must be:
- handed over on the spot to the consumer in the case of a verbal complaint communicated in person,
- and in the case of a complaint made by telephone or other electronic communications device, no later than within 30 days, in accordance with the rules for written complaints, together with a substantive reply. The minutes of the complaint must contain the following:
- the consumer’s name and address,
- the place, time, and method of submitting the complaint,
- a detailed description of the consumer’s complaint, a list of the documents, records, and other evidence presented by the consumer,
- the business’s statement on its position regarding the consumer’s complaint, if immediate investigation of the complaint is possible,
- the signature of the person taking the minutes and, except in the case of a verbal complaint communicated by telephone or other electronic communications service, the consumer’s signature,
- the place and time of taking the minutes,
- in the case of a verbal complaint communicated by telephone or other electronic communications service, the unique identification number of the complaint.
Written complaints received must, unless otherwise provided by EU legislation, be answered by the business in writing within 30 days of receipt, in a verifiable manner, and measures must be taken to forward the reply. If the complaint is rejected, the business must send its position to the consumer in writing, with reasons. In this case, information must also be provided on which authority or conciliation body the consumer may contact, depending on the nature of the complaint. The information must include the name, address, phone number, electronic contact details, and mailing address of the competent organization. The Seller has not made a general submission statement.
Legal enforcement options if complaint handling does not lead to a result
Consumer protection procedure
The consumer is entitled to file a complaint with the consumer protection authority competent for their place of residence if they believe they have suffered a legal injury. Following the submission, the authority decides whether to conduct the procedure. Consumer protection authority tasks are performed at first instance by the capital and county government offices, whose contact details are available at the following page:
Budapest Metropolitan Government Office, Consumer Protection Department
Address: 1117 Budapest, Prielle Kornélia utca 4/b.
Mailing address: 6001 Kecskemét, Pf. 189.
E-mail: fogyasztovedelem@bfkh.gov.hu
Phone number: (1) 450-2598
Website: kormanyhivatalok.hu/korma … ogyasztovedelmi-foosztaly
Jurisdiction: territory of Budapest
Bács-Kiskun County Government Office, Consumer Protection Department
Address: 6000 Kecskemét, Szent István krt. 19/A.
Mailing address: 6001 Kecskemét, Pf. 189.
E-mail: fogyasztovedelem@bacs.gov.hu
Phone number: 06 76 795 710
Website: kormanyhivatalok.hu/korma … ezesi-es-fogyasztovedelmi
Jurisdiction: Bács-Kiskun county
Békés County Government Office, Consumer Protection Department
Address: 5600 Békéscsaba, József Attila u. 2-4.
Mailing address: 5600 Békéscsaba, József Attila u. 2-4.
E-mail: fogyved@bekes.gov.hu
Phone number: +36 66 546 150
Website: kormanyhivatalok.hu/korma … ezesi-es-fogyasztovedelmi
Jurisdiction: Békés county
Csongrád-Csanád County Government Office, Consumer Protection Department
Address: 6722 Szeged, Rákóczi tér 1.
Mailing address: 6722 Szeged, Rákóczi tér 1.
E-mail: fogyasztovedelem@csongrad.gov.hu
Phone number: 06 62 680 532
Website: kormanyhivatalok.hu/korma … ngedelyezesi-meresugyi-es
Jurisdiction: Csongrád-Csanád county
Győr-Moson-Sopron County Government Office, Consumer Protection Department
Address: 9022 Győr, Türr István utca. 7.
E-mail: fogyasztovedelem@gyor.gov.hu
Phone number: +36 96 795 950
Website: kormanyhivatalok.hu/korma … ngedelyezesi-meresugyi-es
Jurisdiction: Győr-Moson-Sopron county
Heves County Government Office, Consumer Protection Department
Address: 3300 Eger, Kossuth L. u. 9.
Mailing address: 3301 Eger, Pf. 216.
E-mail: fogyved@heves.gov.hu
Phone number: 06 (36) 515-469
Fax: 06 (36) 516-040
Website: kormanyhivatalok.hu/korma … ezesi-es-fogyasztovedelmi
Jurisdiction: Heves county
Komárom-Esztergom County Government Office, Consumer Protection Department
Address: 2800 Tatabánya, Bárdos László utca 2.
E-mail: fogyasztovedelem.meff@komarom.gov.hu
Phone number: (34) 309-303
Website: kormanyhivatalok.hu/korma … -muszaki-engedelyezesi-es
Jurisdiction: Komárom-Esztergom county
Somogy County Government Office, Consumer Protection Department
Address: 7400 Kaposvár, Vásártéri út 2.
E-mail: fogyasztovedelem@somogy.gov.hu
Phone number: 06 82 510 868
Website: kormanyhivatalok.hu/korma … ngedelyezesi-meresugyi-es
Jurisdiction: Somogy county
Tolna County Government Office, Consumer Protection Department
Address: 7100 Szekszárd, Kiskorzó tér 3.
E-mail: fogyasztovedelem@tolna.gov.hu
Phone number: (74) 795-384
Website: kormanyhivatalok.hu/korma … ngedelyezesi-meresugyi-es
Jurisdiction: Tolna county
Veszprém County Government Office, Consumer Protection Department
Address: 8200 Veszprém, Kistó utca 1.
Mailing address: 8200 Veszprém, Kistó utca 1.
E-mail: fogyasztovedelem@veszprem.gov.hu
Phone number: +36 88 550 510
Website: kormanyhivatalok.hu/korma … ezesi-es-fogyasztovedelmi
Jurisdiction: Veszprém county
Pest County Government Office, Consumer Protection Department
Address: 1072 Budapest, Nagy Diófa u.10-12.
Mailing address: 6001 Kecskemét, Pf. 189.
E-mail: fogyved@pest.gov.hu
Phone number: 06 1 459 4843
Website: kormanyhivatalok.hu/korma … ogyasztovedelmi-foosztaly
Jurisdiction: Pest County
Baranya County Government Office, Consumer Protection Department
Address: 7630 Pécs, Hengermalom u. 2.
Mailing address: 7630 Pécs, Hengermalom u. 2.
E-mail: fogyasztovedelem@baranya.gov.hu
Phone number: 06 72 795 398
Website: kormanyhivatalok.hu/korma … ngedelyezesi-meresugyi-es
Jurisdiction: Baranya county
Borsod-Abaúj-Zemplén County Government Office, Consumer Protection Department
Address: 3527 Miskolc, József Attila u 20.
E-mail: fogyasztovedelem@borsod.gov.hu
Phone number: 06 46 795 779
Website: kormanyhivatalok.hu/korma … i-engedelyezesi-meresugyi
Jurisdiction: Borsod-Abaúj-Zemplén county
Fejér County Government Office, Consumer Protection Department
Address: 8000 Székesfehérvár, Honvéd utca 8.
E-mail: fogyved@fejer.gov.hu
Phone number: +36 22 501 751
Website: kormanyhivatalok.hu/korma … ngedelyezesi-meresugyi-es
Jurisdiction: Fejér county
Hajdú-Bihar County Government Office, Consumer Protection Department
Address: 4025 Debrecen, Széchenyi utca 46.
Mailing address: 4025 Debrecen, Széchenyi utca 46.
E-mail: fogyasztovedelem@hajdu.gov.hu
Phone number: 06 52 533 924
Fax: 06 52 504 105
Website: kormanyhivatalok.hu/korma … ngedelyezesi-meresugyi-es
Jurisdiction: Hajdú-Bihar county
Jász-Nagykun-Szolnok County Government Office, Consumer Protection Department
Address: 5000 Szolnok, Indóház u. 8.
E-mail: jasz.fogyved@jasz.gov.hu
Phone number: 56/795-165
Website: kormanyhivatalok.hu/korma … i-engedelyezesi-meresugyi
Jurisdiction: Jász-Nagykun-Szolnok county
Nógrád County Government Office, Consumer Protection Department
Address: 3100 Salgótarján, Karancs út 54.
E-mail: fogyved@nograd.gov.hu
Phone number: 06 32 511 116
Website: kormanyhivatalok.hu/korma … ezesi-es-fogyasztovedelmi
Jurisdiction: Nógrád county
Szabolcs-Szatmár-Bereg County Government Office, Consumer Protection Department
Address: 4400 Nyíregyháza, Hatzel tér 10.
Mailing address: 4401 Nyíregyháza, Pf. 77.
E-mail: fogyasztovedelem@szabolcs.gov.hu
Phone number: 06 42 500 694
Website: kormanyhivatalok.hu/korma … -muszaki-engedelyezesi-es
Jurisdiction: Szabolcs-Szatmár-Bereg county
Vas County Government Office, Consumer Protection Department
Address: 9700 Szombathely, Wesselényi u. 7.
Mailing address: 9702 Szombathely, Pf. 24.
E-mail: fogyasztovedelem@vas.gov.hu
Phone number: +36/70-705-1435
Website: kormanyhivatalok.hu/korma … ngedelyezesi-meresugyi-es
Jurisdiction: Vas county
Zala County Government Office, Consumer Protection Department
Address: 8900 Zalaegerszeg, Pintér Máté u. 22.
Mailing address: 8900 Zalaegerszeg, Pintér Máté u. 22.
E-mail: fogyasztovedelem.zala@zala.gov.hu
Phone number: +36 92 510 530
Website: kormanyhivatalok.hu/korma … ezesi-es-fogyasztovedelmi
Jurisdiction: Zala county
Court procedure
If no reassuring agreement is reached in a consumer dispute, the customer is entitled to enforce their claim in court. The procedural rules are governed by Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
Conciliation board procedure
If the consumer complaint is rejected, you have the option to contact the conciliation board competent for your place of residence or stay, or the conciliation board of your choice. A condition for initiating the board procedure is that the consumer first attempts to settle the disputed matter directly with the business.
The conciliation board, unless the consumer requests a personal hearing, conducts the procedure in the form of an online hearing using an electronic device that ensures audio and video transmission.
Our business is obliged to cooperate during the procedure, so it must send a written response within the deadline to the board’s inquiry, and it must ensure that the representative authorized to conclude a settlement is present online during the procedure.
If the consumer requests a personal hearing, at least online attendance by the business’s representative is mandatory at the hearing.
More information about Conciliation Boards is available here: bekeltetes.hu
Contact details of the territorially competent Conciliation Boards:
Budapest Conciliation Board
Seat: Budapest
Territorial jurisdiction: Budapest
Contact:
Address: 1016 Budapest, Krisztina krt. 99. 1st floor 111.
Mailing address: 1253 Budapest, Pf.:10.
Phone number: 06-1-488-2131
E-mail: bekelteto.testulet@bkik.hu
Website: bekeltet.bkik.hu
Borsod-Abaúj-Zemplén County Conciliation Board
Seat: Miskolc
Territorial jurisdiction: Borsod-Abaúj-Zemplén county, Heves county, Nógrád county
Contact:
Address: 3525 Miskolc, Szentpáli u. 1.
Phone number: 06-46-501-090, 06-46-501-091
E-mail: bekeltetes@bokik.hu
Website: bekeltetes.borsodmegye.hu
Fejér County Conciliation Board
Seat: Székesfehérvár
Territorial jurisdiction: Fejér county, Komárom-Esztergom county, Veszprém county
Contact:
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Phone number:06-22-510-310
E-mail: bekeltetes@fmkik.hu
Website: bekeltetesfejer.hu
Hajdú-Bihar County Conciliation Board
Seat: Debrecen
Territorial jurisdiction: Jász-Nagykun-Szolnok county, Hajdú-Bihar county, Szabolcs-Szatmár-Bereg county
Contact:
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Phone number: 06-52-500-710, +36 52 500 745
E-mail: bekelteto@hbkik.hu
Website: hbmbekeltetes.hu
Baranya County Conciliation Board
Seat: Pécs
Territorial jurisdiction: Baranya county, Somogy county, Tolna county
Contact:
Address: 7625 Pécs, Majorossy I. u. 36.
Phone number: 06-72-507-154
E-mail: info@baranyabekeltetes.hu
Website: baranyabekeltetes.hu
Csongrád-Csanád County Conciliation Board
Seat: Szeged
Territorial jurisdiction: Békés county, Bács-Kiskun county, Csongrád-Csanád county
Contact:
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone number: 06-62/549-392
E-mail: bekelteto.testulet@cskik.hu
Website: bekeltetes-csongrad.hu
Győr-Moson-Sopron County Conciliation Board
Seat: Győr
Territorial jurisdiction: Győr-Moson-Sopron county, Vas county, Zala county
Contact:
Address: 9021 Győr, Szent István út 10/a.
Phone number: 06-96-520-217
E-mail: bekeltetotestulet@gymskik.hu
Website: bekeltetesgyor.hu
Pest County Conciliation Board
Seat: Budapest
Territorial jurisdiction: Pest County
Contact:
Address: 1055 Budapest, Balassi Bálint u. 25. IV/2.
Phone number: 06-1-792-7881
E-mail: pmbekelteto@pmkik.hu
Website: panaszrendezes.hu
Conciliation Board Procedure in the Case of Persons Not Qualified as Consumers
Under consumer protection regulations, certain legally defined organizations – such as civil organizations, religious legal entities, condominiums, housing cooperatives – are entitled to use the conciliation board procedure even if their activities are not considered consumer-oriented. The condition for this is that the given organization does not order, use or make use of the goods in connection with its business or independent occupation. The Conciliation Board is entitled to verify and assess the existence of consumer status. The general rules of the conciliation board procedure govern the procedure.
Partial invalidity, code of conduct
If any provision of these GTC is unlawful or invalid, this shall not affect the validity of the remaining provisions. Such provisions shall be replaced by the applicable legislation.
The Seller does not have a code of conduct in accordance with the legislation on the prohibition of unfair commercial practices towards consumers.
Using the website
Orders are subject to registration and can only be placed by businesses with a tax number.
Collection methods, collection fees
Personal collection
You can also collect the ordered Goods in person at our store.
Delivery deadline
In the case of a Buyer who is a consumer – unless otherwise agreed – the Seller is obliged to make the Goods available to the Buyer without delay after the conclusion of the contract, but no later than thirty days.
Based on the above provision, the general delivery deadline is a maximum of 30 days, which is calculated from the date of confirmation of the order. The Seller will provide separate information for the given delivery method about deadlines that differ from this – but do not exceed 30 days.
In the event of a delay by the Seller, the Buyer is entitled to proceed in accordance with the provisions of the Civil Code (Act V of 2013).
Reservation of rights, ownership clause
If the Buyer has not received his previous order (unless he has exercised his right of withdrawal), or the shipment has been returned to the Seller with the indication "not claimed", the Seller is entitled to make the fulfillment of the new order conditional on the advance payment of the purchase price and shipping costs.
The Seller may withhold the delivery of the Goods until he is satisfied that the purchase price has been received in full. This applies to electronic payment solutions and to bank transfer payments where the purchase price is paid in the currency of the Buyer's Member State and the Seller does not receive the full amount due to exchange or bank charges.
In such cases, the Seller is entitled to request the Buyer to make up the missing amount and may withhold the Goods until the purchase price has been paid in full.
Sales abroad
The Seller does not differentiate between users purchasing within Hungary and within the territory of the European Union, but outside Hungary. The provisions of the General Terms and Conditions apply uniformly to all Buyers. For the interpretation of these terms, a buyer is considered to be a natural person or an undertaking who/that has a place of residence, place of establishment, or citizenship in an EU Member State, and purchases a product or uses a service for the purpose of end use.
A consumer is a natural person who acts for purposes that are outside their commercial, industrial, craft, or professional activity.
The default language of communication and sales is Hungarian. The Seller is not obliged to communicate in the official language of the Buyer’s Member State.
The Seller is not obliged to comply with any specific legal requirements applicable to the given product in the Buyer’s Member State (e.g. labeling, sectoral rules), and is not obliged to provide prior information about these.
Unless otherwise provided, Hungarian value added tax (VAT) applies to all products.
Electronic payment during the ordering process is made in the currency determined by the Seller. The Seller is entitled to withhold delivery of the product until it is satisfied that the full amount of the purchase price and the delivery fee has been successfully received. This also applies where the Buyer pays in another currency and, due to conversion or banking costs, the amount does not arrive in full. In such cases, the Seller may request the Buyer to pay the difference.
The Seller provides all delivery and collection options available to Buyers in Hungary also to Buyers within the territory of the European Union. Thus, a non-Hungarian Buyer may also request delivery to the territory of Hungary or to any other Member State, according to the delivery methods specified in the GTC. The Buyer may also use the option of personal collection.
Furthermore, a non-Hungarian Buyer may request, at their own expense, to arrange delivery abroad. Hungarian Buyers are not entitled to this right.
If the delivery fee is not paid, or the Buyer does not arrange their own delivery by the previously agreed deadline, the Seller is entitled to withdraw from the contract and refund the purchase price already paid.
Consumer information
Information on the consumer buyer’s right of withdrawal
Under Section 8:1 (1) point 3 of the Civil Code, only a natural person acting outside the scope of their profession, independent occupation, or business activity qualifies as a consumer, 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 has the right to withdraw 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 the Goods,
ab) in the case of the sale of multiple Goods, where the supply of the individual Goods takes place at different times, in respect of the last Goods supplied,
ac) in the case of Goods consisting of multiple lots or pieces, in respect of the last lot or piece supplied,
ad) where the Goods are to be supplied regularly within a specified period, in respect of the first supply,
The consumer is entitled to withdraw from the contract within 14 calendar days from receipt of the product. This period starts on the day when the consumer, or a third person other than the carrier designated by the consumer, takes delivery of the goods.
It is important to emphasize that the consumer has the right to indicate their intention to withdraw already between the conclusion of the contract and the time of receipt of the goods.
If the contract would have been concluded on the basis of the consumer’s offer, the consumer may withdraw the offer before the contract is concluded, thereby terminating the binding nature of the offer.
If the Seller fails to inform the consumer about the deadline and conditions for exercising the right of withdrawal (in particular those set out in Section 22 of Government Decree 45/2014. (II.26.)), and about the declaration template required by law, then the 14-day withdrawal period is automatically extended by 12 months.
If the Seller provides this information within the 12-month extended period, the withdrawal period expires on the 14th day from the date of providing the information.
Withdrawal statement, exercising the consumer’s right of withdrawal or termination
The consumer may exercise the right provided in Section 20 of Government Decree 45/2014. (II. 26.) by means of a clear statement to that effect, or by using the template declaration downloadable from the website.
Validity of the consumer’s withdrawal statement
The time limit for exercising the right of withdrawal is deemed to have been observed if the consumer sends
the statement at the latest on the last day of the deadline. In the case of written withdrawal, the date of posting is decisive. The consumer bears the burden of proving that the statement was made on time. The Seller is obliged to confirm receipt of the consumer’s withdrawal statement electronically.
After receipt, the Seller is obliged to confirm the consumer’s withdrawal statement on a durable medium by electronic means.
The Seller’s obligations in the event of consumer withdrawal
Refund obligation
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014. (II. 26.), the Seller is obliged to refund the full amount paid within 14 days, including the delivery fee. The refund does not cover extra costs beyond the cheapest delivery method.
Method of the Seller’s refund obligation
In the event of withdrawal or termination in accordance with Section 22 of Government Decree 45/2014. (II. 26.), the Seller refunds the amount due to the consumer using the same payment method as used by the consumer. Based on the consumer’s explicit consent, the Seller may use a different payment method for the refund, but the consumer may not be charged any additional fees as a result. The Seller is not liable for delays caused by an incorrectly and/or inaccurately provided bank account number or postal address by the Consumer.
Additional costs
If the consumer explicitly chooses a mode of transport different from the least expensive customary mode of transport, the Seller is not obliged to refund the resulting additional costs. In such cases, our refund obligation exists only up to the amount of the indicated general delivery fee rates.
Right of retention
The Seller may withhold the refund until the consumer has returned the goods, or has provided credible evidence that the goods have been sent back. The Seller does not accept cash on delivery or postage due shipments.
The consumer’s obligations in the event of withdrawal or termination
Return of the Goods
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014. (II. 26.), they must return the Goods without delay, but no later than fourteen days from the communication of the withdrawal, or hand them over to the Seller or to a person authorized by the Seller to receive the Goods. The return is deemed to have been completed on time if the consumer sends the Goods before the expiry of the deadline.
Bearing the direct costs of returning the Goods
The consumer bears the direct costs of returning the goods. The goods to be returned must be delivered to the address specified by the Seller. If the Seller also sells products in a business premises, the consumer has the option to return the goods in person to the undertaking at the same time as exercising the right of withdrawal.
If the consumer exercises the right of termination after the performance has begun in the case of a contract concluded off-premises or at a distance, the consumer is obliged to reimburse the undertaking for the proportionate fee of the services provided up to the communication of the termination. The basis is the total consideration including tax stated in the contract. If the consumer considers this amount to be disproportionately high, they may prove that the market value of the services provided up to termination of the contract is lower, and on this basis may request modification of the proportionate fee.
We draw your attention to the fact that we cannot accept cash on delivery or postage due shipments, and packages returned in this manner will be automatically sent back to the sender.
The consumer’s liability for depreciation of the goods
The consumer is liable for depreciation of the goods only if it results from use beyond the extent necessary to establish the nature, characteristics, and functioning of the product. This means that the consumer is not liable up to the extent of trying the product necessary to become familiar with its condition, operation, and characteristics, but use beyond that, especially if it hinders the resale of the product, may have a value-reducing effect that the consumer must compensate.
Limitation of the right of withdrawal – when can it not be exercised?
The Seller expressly draws your attention 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.):
a. after full performance of a service, however, where the contract creates a payment obligation for the consumer, this exception may be relied on only if performance began with the consumer’s express prior consent and with the consumer’s acknowledgement that they will lose the right of withdrawal once the undertaking has fully performed the contract;
b. in respect of Goods or services whose price or fee depends on fluctuations in the financial market that cannot be influenced by the undertaking and that may occur even during the withdrawal period;
c. in the case of Goods not pre-manufactured that are produced on the basis of the consumer’s instructions or at the consumer’s express request, or Goods that are clearly personalized for the consumer;
d. in respect of perishable Goods or Goods with a short shelf life;
e. in respect of sealed Goods which, for health protection or hygiene reasons, cannot be returned after opening following delivery (We warn you that, for sealed goods which, for health protection or hygiene reasons, cannot be returned after opening following delivery, use necessary to establish the nature, characteristics, and functioning of the Goods results in the loss of the right of withdrawal.);
f. in respect of Goods which, by their nature, become inseparably mixed with other Goods after delivery;
g. in respect of alcoholic beverages whose actual value depends on market fluctuations that cannot be influenced by the undertaking and whose price was agreed by the parties at the time of conclusion of the sales contract, but the contract is performed only after the thirtieth day following conclusion;
h. in the case of a contract for services where the undertaking, at the consumer’s express request, visits the consumer for the purpose of carrying out urgent repair or maintenance work;
i. in respect of the sale of sealed audio or video recordings and copies of computer software, if the consumer opened the packaging after delivery;
j. in respect of newspapers, magazines, and periodicals, with the exception of subscription contracts;
k. in the case of contracts concluded at a public auction;
l. in the case of contracts for accommodation services (except for residential services), transport, car rental, catering, or leisure activities, if the contract specifies a performance date or deadline;
m. in respect of digital content not supplied on a tangible medium, if the Seller began performance with the consumer’s express prior consent, and the consumer, at the same time as giving that consent, acknowledged that they will lose the right of withdrawal after performance has begun,
Information on product warranty regarding the warranty of conformity of goods, and on statutory warranty and product warranty for consumer contracts
This section of the consumer information was prepared on the basis of the authorization in Section 11 (5) of Government Decree 45/2014 (II.26.), taking into account Annex No. 3 of Government Decree 45/2014 (II.26.)
The Consumer Information applies exclusively to Buyers who qualify as consumers; rules applicable to buyers who do not qualify as consumers are set out in a separate chapter.
Requirements of contractual performance in the case of a consumer contract
General requirements of contractual performance for goods sold under a consumer contract and for goods containing digital elements
The conditions of contractual performance are as follows:
- The Goods shall comply with the description, quantity, quality, type, and have the functionality, compatibility, interoperability, and other characteristics specified in the contract.
- The Goods shall be fit for the purpose made known by the consumer to the Seller before or at the time of conclusion of the contract, and accepted by the Seller.
- It shall include all accessories, user instructions, including instructions necessary for commissioning and installation, and customer support as specified in the contract.
- It shall also ensure the availability of updates specified in the contract.
- Together with the above, the Goods must also meet the usual expectations:
- It shall be fit for the purposes for which goods of the same type are normally used, as determined by law, technical standards, or, in the absence of these, general market expectations.
- It shall have the quantity, quality, and performance characteristics that can reasonably be expected, including functionality, compatibility, accessibility, continuity, and security. This includes public statements made by the Seller or by participants in the sales chain, for example in advertising or on labels.
- It shall include all accessories and instructions that the consumer can reasonably expect, including appropriate packaging.
- It shall correspond to the qualities of the Goods presented as a sample, made available as a model, or tested in a trial version prior to the conclusion of the contract.
Exceptions: The Goods do not have to comply with public statements if the Seller can prove that:
- it did not know and did not have to know the statement;
- the statement was properly corrected before the conclusion of the contract;
- the public statement did not influence the consumer’s decision to conclude the contracta.
Defective performance of a contract for the sale of goods
Defective performance in the case of a contract for the sale of goods
The Seller performs defectively if the malfunction of the goods results from unprofessional commissioning, provided that:
- commissioning forms part of the sales contract and was carried out by the Seller or by a person acting under its responsibility; or
- commissioning had to be carried out by the consumer, but the defect was caused by incomplete instructions provided by the Seller or, in the case of goods containing digital elements, by the digital service provider.
If the Seller undertook commissioning, performance is considered complete only if commissioning has also taken place.
In the case of goods containing digital elements
If the contract provides for the continuous provision of digital content or services, the Seller is also liable for the defect if it occurs or becomes recognizable within two years from performance, provided that the duration of the service does not exceed two years.
In order to maintain conformity of goods containing digital elements, the Seller is obliged to:
inform the consumer of any available updates necessary for the proper functioning of the product (including security updates);
ensure that the consumer receives these updates.
Period for making updates available:
- in the case of a one-off digital service: for a period that can reasonably be expected based on the type and purpose of the product, the nature of the contract, and the circumstances;
- in the case of a continuous digital service (for a period not exceeding two years): within two years from performance.
If the consumer does not install the provided updates within a reasonable time, the Seller is not liable for defects if:
- it informed the consumer in advance about the importance of the update and the consequences of failing to install it; and
- the failure to install or incorrect installation was not due to shortcomings in the instructions provided by the Seller.
Exceptions to establishing defective performance
Defective performance cannot be established in the following case:
- the consumer was expressly informed before purchase that certain characteristics of the goods differ from the usual characteristics; and
- the consumer expressly accepted this specific deviation when concluding the contract.
Requirements of contractual performance in the case of the sale of digital content under a consumer contract
The Seller provides the digital content to the consumer. Unless the parties agree otherwise, the Seller is obliged, without undue delay after the conclusion of the contract, to ensure access to the digital content for the consumer, in the latest version available at the time of conclusion of the contract.
The service is considered performed when the digital content, or the solution necessary to access or download it, reaches the consumer or the physical or virtual device designated by the consumer.
The Seller is obliged to ensure that the consumer:
- receives notice of all updates, including security updates; and
- also receives those updates that are necessary to maintain conformity of the digital content or digital service.
If the contract is for continuous digital content provision for a specified period, the Seller is obliged to maintain conformity for the entire contractual period.
Exclusion of liability in the event of failure to install updates:
If the consumer does not install the updates made available by the Seller within a reasonable time, the Seller is not liable for defects of the service, provided that:
- it informed the consumer in advance about the availability of the update and the consequences of failing to install it,
- the lack of the update was not due to defects or shortcomings in the installation instructions provided by the Seller., provided that:
- the Seller informed the consumer about the availability of the update and the consequences of the consumer’s failure to install it; and
- the consumer’s failure to install the update or incorrect installation of the update is not attributable to shortcomings in the installation instructions provided by the Seller.
Defective performance cannot be established if, at the time of conclusion of the contract, the consumer received separate information that a specific characteristic of the digital content differs from the requirements set out here, and the consumer expressly accepted this deviation separately when concluding the contract.
The Seller performs defectively if the defect in the digital content service results from unprofessional integration into the consumer’s digital environment, provided that
- integration of the digital content was carried out by the Seller, or was carried out under the Seller’s responsibility; or
- the digital content had to be integrated by the consumer, and the unprofessional integration was caused by shortcomings in the integration instructions provided by the Seller.
If the contract provides for the continuous supply of digital contentdigital content or digital services for a specified period, the Seller is liable for defects relating to the digital content if the defect occurs or becomes recognizable during the period specified in the contract.
If the contract provides for a one-off digital service or a series of individual service acts, then, unless proven otherwise, it must be presumed that a defect recognized by the consumer within one year from performance already existed at the time of performance.
However, the Seller is not considered to have performed defectively if it can prove that:
- the consumer’s digital environment did not meet the technical requirements of the digital content or digital service; and
- it informed the consumer about this in a clear and comprehensible manner before the conclusion of the contract.
The consumer has a duty to cooperate: they must cooperate with the Seller in order for the Seller, using the technical means available to it and tools requiring minimal intervention from the consumer, to be able to verify whether the defect actually originates from the consumer’s digital environment.
If the consumer does not fulfill this duty of cooperation, despite the Seller having provided clear and comprehensible prior information about it, the consumer bears the burden of proving that:
- the defect recognized within one year from performance already existed at the time of performance; or
- the service affected by the defect was not performed in conformity during the period specified in the contract..
Statutory warranty
When can you exercise your statutory warranty rights?
If the Seller performs defectively, you are entitled to enforce a statutory warranty claim under the provisions of the Civil Code and, in the case of a consumer contract, Government Decree 373/2021. (VI. 30.).
What rights do you have in the event of a statutory warranty claim?
You may, at your choice, exercise the following rights:
- you may request repair or replacement of the goods, unless fulfillment of the claim you chose is impossible or would result in disproportionate additional costs for the Seller compared to another possible claim;
- if you did not request or could not request repair or replacement, you may request a proportionate reduction of the consideration or, as a last resort, withdraw from the contract.
You may switch from one statutory warranty right to another, but you must bear the costs of switching, unless the switch was justified or was caused by the Seller’s conduct.
In the case of a consumer contract, unless proven otherwise, it must be presumed that a defect recognized within one year from performance already existed at the time of performance, unless this presumption is incompatible with the nature of the goods or the nature of the defect.
In the case of used goods, if the Buyer qualifies as a consumer and received proper information about the defect at the time of purchase, the Seller has no warranty liability regarding that defect.
The Seller may refuse to bring the goods into conformity if repair or replacement is impossible, or if it would result in disproportionate additional costs. In assessing this, the value the goods would represent in faultless condition and the seriousness of the breach must also be taken into account.
The consumer is also entitled, in proportion to the seriousness of the breach, to request a proportionate reduction of the consideration or to terminate the sales contract if
- the Seller did not carry out repair or replacement, or carried it out but failed, in part or in full, to meet the conditions below
- the Seller must ensure the take-back of the replaced goods at its own expense
- if repair or replacement requires removal of goods that were installed in accordance with the nature and purpose of the goods before the defect became recognizable, then the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the replacement or repaired goods, or the bearing of the costs of removal and installation.
- it refused to bring the goods into conformity
- a repeated performance defect occurred, despite the Seller having attempted to bring the goods into conformity
- the performance defect is of such severity that it justifies an immediate price reduction or immediate termination of the sales contract, or
- the Seller did not undertake to bring the goods into conformity, or it is apparent from the circumstances that the undertaking will not bring the goods into conformity within a reasonable time or without significant harm to the consumer’s interests.
If the consumer wishes to terminate the sales contract by referring to defective performance, the Seller bears the burden of proving that the defect is insignificant.
The Consumer is entitled to withhold the remaining part of the purchase price, in part or in full, in proportion to the seriousness of the breach, until the Seller fulfills its obligations relating to conformity of performance and defective performance.
A generally applicable rule is that:
- the Seller must ensure the take-back of the replaced goods at its own expense
- if repair or replacement requires removal of goods that were installed in accordance with the nature and purpose of the goods before the defect became recognizable, then the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the replacement or repaired goods, or the bearing of the costs of removal and installation.
The reasonable time available for repair or replacement starts from the time when the Consumer communicated the defect to the Seller.
The Consumer must make the goods available to the Seller for the purpose of repair or replacement.
A proportionate reduction of the consideration may take place if its amount equals the difference between the value of the goods in the case of contractual performance and the value of the defective goods actually received.
The Consumer may exercise the statutory warranty right aimed at terminating the sales contract by means of a clear legal statement addressed to the Seller and aimed at terminating the contract.
If defective performance affects only a part of the goods, the right to terminate the contract may be exercised only in respect of that part. However, if it cannot reasonably be expected of the Consumer to keep the faultless products, they are entitled to terminate the entire contract.
If the Consumer terminates the contract, in part or in full, the following obligations apply:
- The Consumer must return the affected goods at the Seller’s expense,
- The Seller must refund the purchase price without delay as soon as the returned goods or the document proving their dispatch comes into its possession.
Within what time limit can you enforce your statutory warranty claim?
You must report the defect without delay after discovering it. A defect reported within two months from discovery must be considered as reported without delay. However, we draw your attention to the fact that after the expiry of the two-year limitation period calculated from performance of the contract, you can no longer enforce your statutory warranty rights.
The part of the limitation period during which the Buyer cannot use the goods as intended due to repair is not counted into the limitation period.
For the part of the Goods affected by replacement or repair, the limitation period for the statutory warranty claim starts anew. This rule also applies if a new defect arises as a consequence of the repair.
If the subject of the contract between the consumer and the undertaking is a used item, the parties may agree on a shorter limitation period; however, a limitation period shorter than one year may not be validly stipulated even in this case.
Against whom can you enforce your statutory warranty claim?
You can enforce your statutory warranty claim against the Seller.
What other condition applies to enforcing your statutory warranty rights?
Within one year from performance, there is no other condition for enforcing your statutory warranty claim beyond communicating the defect, if you prove that the Goods were provided by the Seller. After one year from performance, however, you must prove that the defect you recognized already existed at the time of performance.
Product warranty
In what cases can you exercise your product warranty rights?
In what cases can a product warranty claim be enforced?
If the movable item (Goods) forming the subject of the sale proves to be defective, the Consumer may, at their choice, enforce a product warranty claim instead of or in addition to statutory warranty rights under the rules of the Civil Code.
Content of the product warranty claim
As a product warranty claim, the Consumer may request repair or replacement of the defective Goods.
When are the Goods considered defective?
The Goods are defective if:
- they do not comply with the quality requirements in force at the time of placing on the market, or
- they do not have the properties specified by the manufacturer or the characteristics set out in the description published by the manufacturer.
Time limit for enforcing the product warranty claim
The Consumer may enforce the product warranty claim within two years from the date the Goods were placed on the market by the manufacturer. The time limit is forfeiture, meaning that after the two years have elapsed, there is no possibility to enforce the claim.
Against whom can the product warranty claim be enforced?
The product warranty right can be enforced against the manufacturer or distributor of the product (jointly: manufacturer).
Burden of proof
In the case of a product warranty claim, the Consumer bears the burden of proving that the defect already existed at the time the product was placed on the market.
Cases of the manufacturer’s exemption
The manufacturer is exempt from product warranty liability if it can prove that:
- it did not manufacture or place the Goods on the market in the course of its business activity, or
- the defect was not recognizable according to the state of science and technology at the time of placing on the market, or
- the defect results from the application of a law or official requirement.
For exemption, it is sufficient for the manufacturer to prove the existence of one of these conditions.
Relationship between product warranty and statutory warranty
It is important to know that, due to the same defect, the Consumer cannot enforce product warranty and statutory warranty claims in parallel. If the Consumer enforces the product warranty claim successfully (the product is replaced or repaired), for the repaired or replaced product they may subsequently exercise further warranty claims exclusively against the manufacturer.
Guarantee
In what cases can a guarantee claim be enforced?
Pursuant to Government Decree 151/2003. (IX. 22.), the Seller is subject to a mandatory guarantee obligation for the sale of certain durable consumer goods, for example technical equipment, tools, machines, and certain accessories and components thereof. The itemized list subject to the mandatory guarantee is contained in Annex No. 1 of IM Decree 10/2024. (VI. 28.).
How can a guarantee claim be proven?
To enforce a guarantee claim, it is sufficient to present proof of payment, especially if the sale price of the consumer good does not exceed HUF 50,000. In such a case, the Seller is not obliged to issue a separate guarantee certificate.
If a guarantee certificate is issued, in the absence of it or if it was not handed over, an invoice or receipt may both be accepted as proof of the conclusion of the contract. Presenting these documents makes it possible to exercise guarantee rights.
Important information:
Exercising guarantee rights may not be made conditional on returning the product’s original packaging, even if the packaging has already been opened.
Voluntary guarantee
The Seller is entitled to provide a voluntary guarantee beyond the mandatory guarantee for certain products. In such cases, a guarantee statement must be provided to the Consumer, in which the Seller specifies the conditions and duration of the voluntary guarantee.
At the time of performance, the guarantee statement must be provided to the Consumer on a durable medium (for example by e-mail or in printed form).
The guarantee statement must indicate:
- a clear statement that, in the event of defective performance, the Consumer is entitled, free of charge, to exercise statutory warranty rights provided by law, and these rights are not affected by the guarantee
- the name and address of the guarantor
- the procedure to be followed by the Consumer in order to enforce the guarantee
- the identification of the Goods to which the guarantee applies and
- the conditions of the guarantee,
- the purchase price of the Goods.
What rights and within what time limit do you have under the mandatory guarantee?
Exercising guarantee rights
The Buyer, if the product is covered by the guarantee, may exercise the following rights:
- You may request repair or replacement of the product, unless fulfillment of the chosen claim is impossible or would cause disproportionate additional costs for the Seller.
- If repair or replacement is not possible, or the Seller cannot perform them within an appropriate time while taking the Buyer’s interests into account, the Buyer is entitled to request a price reduction or withdraw from the contract.
- The guarantee claim may be enforced within the guarantee period under the applicable laws, in particular Government Decree 151/2003. (IX. 22.).
You may report your guarantee claim at the following locations:
- at the Seller’s registered office,
- at any of its premises or branch offices,
- or at the repair service indicated by the Seller on the guarantee certificate.
Time limit for enforcement
The guarantee claim may be enforced during the guarantee period; the guarantee period under Government Decree 151/2003. (IX. 22.) is:
a. two years for a sale price reaching HUF 10,000 but not exceeding HUF 250,000,
b. three years for a sale price above HUF 250,000.
Missing these deadlines results in forfeiture; however, in the event of repair of the consumer good, the guarantee period is extended from the day the item is handed over for repair by the time during which the Buyer could not use the consumer good as intended due to the defect.
The guarantee period starts upon delivery of the consumer good to the Buyer, or, if commissioning is carried out by the Seller or its agent, on the day of commissioning.
If the Buyer has the consumer good commissioned more than six months after delivery, the start date of the guarantee period is the day of delivery of the consumer good.
Rules on handling guarantee claims
When handling repairs, the Seller must strive to complete the repair within 15 days. The period available for repair starts when the consumer good is received.
If the duration of repair or replacement exceeds fifteen days, the Seller is obliged to inform the Buyer about the expected duration of the repair or replacement.
If, during the guarantee period, in the course of the first repair of the consumer good it is established by the Seller that the consumer good cannot be repaired, the Seller is obliged to replace the consumer good within eight days, unless the buyer provides otherwise. If replacement is not possible, the undertaking is obliged to refund the purchase price indicated on the guarantee certificate, or, in the absence of it, on the document presented by the consumer proving payment of the consideration, on an invoice or receipt issued under the VAT Act, within eight days to the consumer.
The Buyer, by accepting the GTC, consents that the information may be provided to them electronically or by another method suitable for confirming receipt by the Buyer.
If the Seller cannot repair the consumer good within 30 days:
- if the Buyer consented to this, the repair may be performed for them at a later deadline, or
- if the Buyer does not consent to later performance of the repair, or did not make a statement in this regard, the consumer good must be replaced for them within eight days following the unsuccessful expiry of the thirty-day period, or
- if the Buyer does not consent to later performance of the repair, or did not make a statement in this regard, but replacement of the consumer good is also not possible, the Seller is obliged to refund the purchase price indicated on the guarantee certificate, or, in the absence of it, on the document presented by the consumer proving payment of the consideration, on an invoice or receipt issued under the VAT Act, within eight days following the unsuccessful expiry of the thirty-day repair period.
If the consumer good breaks down for the 4th time - unless the consumer provides otherwise - the Seller is obliged to replace the consumer good within eight days. If replacement is not possible, the undertaking is obliged to refund the purchase price indicated on the guarantee certificate, or, in the absence of it, on the document presented by the consumer proving payment of the consideration, on an invoice or receipt issued under the VAT Act, within eight days to the consumer.
Fixed-wired consumer goods subject to the mandatory guarantee, and consumer goods weighing more than 10 kg or that cannot be transported as hand luggage on public transport, with the exception of vehicles, must be repaired at the place of operation. If repair cannot be carried out at the place of operation, removal and reinstallation, as well as transport to and from, must be arranged by the undertaking, or, in the case of a repair claim enforced directly at the repair service, by the repair service.
Exceptions from the guarantee
The provisions described under “Rules on handling guarantee claims” do not apply to electric bicycles, electric scooters, quads, motorcycles, mopeds, passenger cars, motorhomes, caravans, caravan trailers, trailers, and motorized watercraft.
For these Goods, however, the Seller must still strive to fulfill the repair claim within 15 days.
If the duration of repair or replacement exceeds fifteen days, the Seller is obliged to inform the Buyer about the expected duration of the repair or replacement.
What is the relationship of the guarantee to other warranty rights?
The guarantee applies alongside warranty rights (product warranty and statutory warranty). A fundamental difference between general warranty rights and the guarantee is that, in the case of the guarantee, the burden of proof is more favorable to the consumer.
The Seller’s voluntary guarantee undertaking may not contain conditions that are less favorable to the consumer than the rights provided by the rules of the mandatory guarantee during the period of the mandatory guarantee. After that, the conditions of the voluntary guarantee may be freely determined, but even in this case the guarantee may not affect the consumer’s rights arising from law, including their rights based on statutory warranty.
Replacement claim within three working days
If the Buyer submits a replacement claim within three working days after the purchase, the Seller is obliged to perform the replacement of the durable
consumer good, provided that the product is new and the replacement claim was enforced within the deadline. In this case, the product must be considered as if it had already been defective at the time of sale.
Exemption from the guarantee obligation
In the case of the same defect, the Buyer may exercise:
- a statutory warranty and a guarantee claim, or
- a product warranty and a guarantee claim as well,
however, based on the same defect, the same right cannot be enforced repeatedly. For example, if the product was replaced by the Seller under the guarantee, the same defect cannot later be invoked again on the basis of statutory warranty or product warranty.
Statutory warranty rights – For Buyers who do not qualify as consumers General rules of statutory warranty rights
A Buyer who does not qualify as a consumer may enforce the following statutory warranty rights in the event of defective performance by the Seller under the provisions of the Civil Code:
- They are entitled to request repair or replacement, unless fulfillment of the claim chosen is impossible or would result in disproportionate additional costs for the Seller compared to fulfilling another claim.
- If they did not request repair or replacement, or it cannot be fulfilled, they are entitled to request a proportionate reduction of the consideration, or have the defect repaired by themselves at the Seller’s expense, or withdraw from the contract.
The Buyer may switch from the statutory warranty right chosen to another right, however, they must bear the costs of switching, unless the switch was justified or was caused by the Seller.
Provisions for used goods
For used products, the following differences apply to exercising statutory warranty rights:
Defective performance may be established, however, the used nature of the product and the natural occurrence of defects resulting from it must be taken into account.
The Buyer may enforce a statutory warranty claim only in respect of defects that go beyond defects resulting from use, and that arose independently of them.
If the defect of the used Goods was known and disclosed at the time of purchase, the Seller is not liable for it.
For Buyers who do not qualify as consumers, the time limit for enforcing a statutory warranty claim is 1 year, to be calculated from the date of performance, i.e., the date of delivery of the goods. For buyers who do not qualify as consumers, the enforcement time limit for statutory warranty rights is 1 year, starting on the day of performance (delivery).