GENERAL TERMS AND CONDITIONS (GTC)
https://herbsgarden.hu – effective from 15.9.2023
Preamble
Welcome to our website! Thank you for choosing us for your purchase!
If you have any questions about these Terms and Conditions, the use of the website, the products,
the purchase procedure or if you would like to discuss your specific needs with us, please contact us
using the contact details provided.
Imprint: details of the Service Provider (Seller, Company)
Name: herbsgarden International Ltd.
Registered office: 2065 Mány, Fixi dűlő 82/1
Address for correspondence: 2065 Mány, Fixi dűlő 82/1
Registering authority: Cégbírósága Tatabányai Törvényszék
Company registration number: 11-09-028466
Tax number: 26156572-2-07
Representative: Both Tímea
Phone number: +36305799399
E-mail: ugyfelszolgalat@herbsgarden.hu
Website: https://herbsgarden.hu
Bankszámlaszám: 10403435-50526871-51881003
Details of the hosting provider
Name: Hungarian Hosting Kft.
Head office: 1132 Budapest, Victor Hugo u. 18-22.
Contact: +3617002323, info@mhosting.hu
Website: https://www.mhosting.hu/?gclid=CjwKCAiAg6yRBhBNEiwAeVyL0JGgReh_a7-
tpwG1vhrydyVLXuudWla3NkQG1nD3_aYYnJuPxdaT7xoCgG8QAvD_BwE
Concepts
Goods: the goods offered for sale on the Website:
– movable tangible property, including water, gas and electricity put up in containers,
cylinders or other limited quantities or capacities, and
– a movable good that incorporates or is connected to digital content or a digital service in
such a way that, in the absence of the digital content or digital service concerned, the good
would not be able to perform its functions (hereinafter "goods incorporating digital
elements")
Goods containing digital elements: movable property that incorporates or is connected to digital
content or a digital service in such a way that, in the absence of the digital content or digital service
concerned, the goods would not be able to fulfil their functions.
Parties: seller and buyer jointly
Consumer: a natural person acting outside his/her trade, profession, self-employed activity or
business
Consumer contract: a contract where one of the parties is a consumer.
Functionality: the ability of a good, digital content or digital service that contains digital elements to
perform the functions for which it is intended.
Manufacturer: the manufacturer of the Goods, or, in the case of imported Goods, the importer who
imports the Goods into the European Union, and any person who claims to be the manufacturer by
using the name, trademark or other distinguishing mark of the Goods.
Interoperability: the ability of a good, digital content or digital service that contains digital elements
to work with hardware and software that is different from that with which the same type of good,
digital content or digital service is typically used.
Compatibility: the ability of a good, digital content or digital service that contains digital elements to
work with hardware or software with which the same type of good, digital content or digital service
is commonly used, without the need for modification.
Website: this website, which is used to conclude the contract.
Contract: Contract of sale between the Seller and the Buyer using the Website and electronic mail.
Durable medium: any device which enables a consumer or business to store data addressed
personally to him in a way that is accessible in the future, for an appropriate period of time for the
purposes for which the data were intended, and to display the stored data in an unchanged form.
Device for remote communication between parties: a device that enables the parties to make a
contractual statement in their absence in order to conclude a contract. Such means include, in
particular, addressed or unaddressed printed matter, standard letters, advertisements published in
the press with order forms, catalogues, telephones, faxes and Internet access devices.
Distance contract: a consumer contract concluded without the simultaneous physical presence of
the parties in the context of a distance sales system organised for the supply of the goods or services
covered by the contract, where the parties use a means of distance communication only to conclude
the contract.
Business: a person acting in the course of his or her profession, self-employment or business
Buyer/s: the person who enters into a contract by submitting a purchase offer via the Website
Standstill: for contracts concluded between a consumer and a business (hereafter: consumer
contract), the Civil Code,
– a guarantee for the performance of the contract which the undertaking voluntarily assumes
for the proper performance of the contract, in addition to its statutory obligation or in the
absence thereof, and
– the statutory mandatory guarantee
Purchase Price: the consideration payable for the Goods and the provision of digital content.
Relevant legislation
The Contract shall be governed by the provisions of Hungarian law, and in particular by the following
laws:
1997 CLV Act on Consumer Protection
Act CVIII of 2001 on certain aspects of electronic commerce services and information society services
Act V of 2013 on the Civil Code
Government Decree No 151/200 (IX.22.) on the compulsory guarantee for consumer durables
Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and
businesses
19/2014 (IV.29.) NGM Decree on the procedural rules for handling warranty and guarantee claims
for goods sold under a contract between a consumer and a business
Act LXXVI of 1999 on Copyright
Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information
REGULATION (EU) No 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28
February 2018 on combating unjustified territorial restrictions and other forms of discrimination
based on the nationality, residence or domicile of the buyer in the internal market and amending
Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
REGULATION (EU) No 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 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 Regulation (EC) No 95/46/EC (General Data Protection
Regulation)
Government Decree No 373/2021 (VI. 30.) on the detailed rules for contracts between consumers
and businesses for the sale of goods, the supply of digital content and the provision of digital
services
Scope of the GTC, adoption
The content of the contract concluded between us shall be governed by these General Terms and
Conditions (hereinafter "GTC"), in addition to the provisions of the applicable mandatory legislation.
Accordingly, these General Terms and Conditions contain the rights and obligations between you
and us, the conditions of the contract, the time limits for performance, the delivery and payment
terms, the liability rules and the conditions for exercising the right of withdrawal.
The technical information necessary for the use of the Website, which is not included in these GTC,
is provided by other information available on the Website.
You must read the provisions of these GTC before finalising your order.
Language of the contract, form of the contract
The language of the contracts covered by these GTC is Hungarian.
Contracts covered by these GTC are not written contracts and are not registered by the Seller.
Prices
Prices are in HUF and include 27% VAT. The possibility that the Seller may change the prices for
commercial policy reasons cannot be excluded. The modification of prices does not apply to
contracts already concluded. If the Seller has indicated the price incorrectly and an order has been
received by the Seller but no contract has yet been concluded between the parties, the Seller shall
act in accordance with the "Procedure for incorrect price" clause of the GTC.
Procedure in case of incorrect price
It is considered to be an obvious misstatement of the price:
– Price 0 Ft,
– a price reduced by a discount but incorrectly indicating the discount (e.g.: a price of HUF 500
for a HUF 1000 item with a 20% discount).
In the event of an incorrect price indication, the Seller offers the possibility to purchase the Goods at
the real price, in the possession of which information the Customer may decide whether to order
the Goods at the real price or to cancel the order without any adverse legal consequences.
Complaints and redress
The consumer may submit consumer complaints about the Goods or the Seller's activities to the
following contact details:
Phone: +36305799399
Internet address: https://herbsgarden.hu
E-mail: ugyfelszolgalat@herbsgarden.hu
A consumer may communicate to the business, orally or in writing, a complaint about the conduct,
activity or omission of the business or of a person acting in the business's interest or on the
business's behalf directly related to the marketing or sale of goods to consumers.
The business must investigate the oral complaint immediately and remedy it as necessary. If the
consumer does not agree with the handling of the complaint or if it is not possible to investigate the
complaint immediately, the undertaking must immediately take a record of the complaint and its
position on it and, in the case of a face-to-face oral complaint, give a copy of the record to the
consumer on the spot. In the case of an oral complaint communicated by telephone or other
electronic communications service, the consumer shall be provided with the substantive reply within
30 days at the latest, in accordance with the provisions applicable to the reply to the written
complaint. In other respects, the consumer shall act on the written complaint as follows. Unless
otherwise provided for in a directly applicable legal act of the European Union, the undertaking must
reply to the written complaint in writing within 30 days of receipt of the written complaint in a
manner that can be justified on the merits and take steps to communicate it. A shorter time limit
may be laid down by law or a longer time limit by statute. The undertaking must state the reasons
for its rejection of the complaint. The undertaking must assign a unique identification number to any
oral complaint communicated by telephone or electronic communications. The reply must inform
the Customer of the possibility to appeal to the Conciliation Body.
The record of the complaint must include the following:
– the name and address of the consumer,
– where, when and how the complaint was lodged,
– a detailed description of the consumer's complaint, a list of the documents, records and
other evidence presented by the consumer,
– a statement of the business's position on the consumer's complaint, if an immediate
investigation of the complaint is possible,
– the signature of the person who took the report and, except in the case of an oral complaint
made by telephone or other electronic communication service, the signature of the
consumer,
– the place and time of recording of the minutes,
– in the case of an oral complaint made by telephone or other electronic communication
service, the unique identification number of the complaint.
The undertaking must keep a record of the complaint and a copy of the reply for three years and
present it to the supervisory authorities at their request.
If the complaint is rejected, the business must inform the consumer in writing of the authority or
conciliation body to which the complaint may be submitted, depending on its nature. The
information must also include the address, telephone and Internet contact details and the postal
address of the competent authority or conciliation body in the place where the consumer resides or
is staying. The information should also include whether the business will use the conciliation body to
resolve the consumer dispute. If any consumer dispute between the seller and the consumer is not
settled during the negotiations, the following means of redress are available to the consumer:
Consumer protection procedure
You can complain to the consumer authorities. If a consumer perceives a breach of his/her consumer
rights, he/she has the right to lodge a complaint with the consumer protection authority in his/her
place of residence. Once the complaint has been examined, the authority will decide whether to
take consumer protection proceedings. The first level consumer protection authorities are the
government offices of the capital and county of the consumer's place of residence, a list of which
can be found at: http://www.kormanyhivatal.hu/
Court proceedings
The customer shall be entitled to enforce his/her claim arising from the consumer dispute before the
court in civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and
Act CXXX of 2016 on the Code of Civil Procedure.
Conciliation Body procedure
Please note that you can lodge a consumer complaint with us. If your consumer complaint is
rejected, you also have the right to take your complaint to the Conciliation Board of the place where
you live or stay: the conciliation procedure can only be initiated if the consumer tries to settle the
dispute directly with the business concerned. The conciliation body designated in the consumer's
request is competent to take action instead of the competent body, at the consumer's request.
The company has a duty to cooperate in the conciliation procedure.
This includes an obligation for businesses to send a reply to the conciliation body's request and an
obligation to appear before the conciliation body ("to ensure the attendance of a person authorised
to conclude a settlement agreement at a hearing").
If the seat or establishment of the business is not registered in the county of the chamber operating
the territorially competent conciliation body, the business's obligation to cooperate extends to
offering the consumer the opportunity to reach a written settlement in accordance with his/her
request, and attendance at the conciliation meeting is not mandatory if the written document
containing the settlement offer is sent.
In the event of a breach of the above-mentioned duty of cooperation, the consumer protection
authority has the power to impose mandatory fines on businesses for infringing the law, and there is
no possibility to waive fines. In addition to the Act on Consumer Protection, the relevant provision of
the Act on Small and Medium-Sized Enterprises has also been amended, so that fines can be waived
for small and medium-sized enterprises.
The amount of the fine may range from HUF 15,000 to HUF 500,000 for small and medium-sized
enterprises, while for non-small and medium-sized enterprises subject to the Accounting Act with an
annual net turnover exceeding HUF 100 million, the fine may range from HUF 15,000 to 5% of the
enterprise's annual net turnover, but not more than HUF 500 million. By introducing a mandatory
fine, the legislator aims to reinforce cooperation with conciliation bodies and to ensure the active
participation of businesses in the conciliation procedure.
The conciliation body is responsible for settling consumer disputes out of court. The conciliation
body's task is to attempt to reach an agreement between the parties to resolve the consumer
dispute and, if this is unsuccessful, to rule on the case in order to ensure that consumer rights are
enforced in a simple, quick, efficient and cost-effective manner. The conciliation body shall, at the
request of the consumer or the business, advise on the rights and obligations of the consumer.
The conciliation body's proceedings are initiated at the request of the consumer. The request must
be made in writing to the chairman of the conciliation body: the requirement of written form may be
met by letter, telegram, telex or fax, or by any other means which permits the recipient to store the
data addressed to him permanently for a period of time adequate for the purposes for which the
data were intended and to display the data in an unchanged form and content. The request must
include
– the name, residence or domicile of the consumer,
– the name, registered office or place of business of the business involved in the consumer
dispute,
– if the consumer has requested the designation of the competent conciliation body instead of
the body having jurisdiction,
– a brief description of the consumer's position, the facts supporting it and the evidence to
support it,
– a statement by the consumer that the consumer has tried to resolve the dispute directly
with the business concerned
– a declaration by the consumer that no other conciliation body has been involved in the case,
that no mediation procedure has been initiated, that no statement of claim has been lodged
and that no application for an order for payment has been made,
– a motion for a decision of the panel,
– the consumer's signature.
The request must be accompanied by the document or a copy (extract) of the document to the
content of which the consumer refers as evidence, in particular the written statement by the
undertaking rejecting the complaint or, failing this, any other written evidence available to the
consumer that the required conciliation has been attempted.
If the consumer acts through an authorised representative, the authorisation must be attached to
the request.
More information on the Conciliation Boards is available here: http://www.bekeltetes.hu
For more information on the local Conciliation Boards, click here:
https://bekeltetes.hu/index.php?id=testuletek
Online dispute resolution platform
The European Commission has set up a website where consumers can register to resolve their online
shopping disputes by filling in an application form and avoiding court proceedings. This will allow
consumers to enforce their rights without, for example, being prevented by distance.
If you want to make a complaint about a good or service you bought online and you don't
necessarily want to go to court, you can use the online dispute resolution tool.
On the portal, you and the trader you have complained against can jointly choose the dispute
resolution body you want to deal with your complaint.
The online dispute resolution platform is available here:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Partial invalidity, code of conduct
If a clause of the GTC is legally invalid or ineffective, the remaining clauses of the contract remain in
force and the provisions of the applicable legislation apply in place of the invalid or defective part.
The Seller does not have a code of conduct under the Unfair Commercial Practices Act.
Information on the functioning of goods containing digital batteries and the technical protection
measure to be applied
The availability of the servers providing the data displayed on the website is above 99.9% per year.
The entire data content is backed up regularly so that the original data content can be restored in
the event of a problem. The data displayed on the website is stored in MSSQL and MySQL databases.
Sensitive data is stored using encryption of appropriate strength and encrypted using hardware
support built into the processor.
Information on the essential characteristics of the Goods
On the website, information about the essential characteristics of the Goods available for purchase
is given in the descriptions of each Good.
Correction of data entry errors – Responsibility for the accuracy of the data provided
During the ordering process, you will always have the opportunity to modify the data you have
entered before finalizing the order (clicking on the back button in the browser will open the previous
page, so you can correct the data even if you have already moved to the next page). Please note that
it is your responsibility to ensure that the data you enter are entered accurately, as the goods will be
invoiced and delivered based on the data you have entered. Please note that an incorrectly entered
e-mail address or a saturated mailbox storage space may result in non-delivery of the confirmation
and prevent the conclusion of the contract. If the Customer has finalised his/her order and discovers
an error in the data provided, he/she must initiate the modification of his/her order as soon as
possible. The Customer may notify the Seller of the modification of an incorrect order by sending an
e-mail from the e-mail address provided at the time of ordering or by calling the Seller.
Using the website No registration is required to make a purchase.
Product selection
Click on the product categories on the website to select the desired product range and the individual
products within it. Click on each product to find its photo, article number, description and price. You
will be charged the price shown on the website when you make a purchase.
Add to basket
After selecting a Product, you can click on the "Add to Cart" button to add any number of Products
to your cart without incurring any obligation to purchase or pay, as adding a Product to your cart
does not constitute an offer.
We recommend that you add a product to your shopping cart even if you are not sure whether you
want to buy it, because this way you can see which products you have selected at the moment with
a single click, and you can view and compare them on one screen. The contents of the shopping
basket can be freely modified until the order is finalised by clicking on the "Finalise order" button,
you can remove products from the basket as you wish, add products to the basket as you wish or
change the number of products you wish to add.
If you add the selected product to your shopping cart, a separate window will pop up with the text
"Product added to cart". If you do not wish to select any more products, click on the "Add to cart"
button! If you want to view the selected product again or add another product to your basket, click
on "Return to product"!
View the Cart
When using the website, you can check the contents of your shopping cart at any time by clicking on
the "View Cart" icon at the top of the website. Here you can remove selected products from the
basket or change the number of items in the basket. Once you click on the "Update Cart" button, the
system will display the information you have changed, including the price of the products you have
added to your cart.
If you do not wish to select any further products and add them to your shopping cart, you can
continue shopping by clicking on the "Order" button.
Entering customer data
After pressing the "Order" button, you will see the contents of your shopping cart and the total
purchase price for the products you have selected. In the "Delivery service" box, you must tick
whether you wish to collect the products you have ordered in person (personal collection) or have
them delivered. In the case of delivery, the system will indicate the delivery charge, which you will
be required to pay when you place your order.
You can enter your e-mail address in the "User details" text box and your full name, address and
telephone number in the "Billing information" text box. In the text box "Delivery information", the
system automatically stores the data you entered in the "Billing information". If you request delivery
to a different address, please uncheck the box. In the "Comment" text box you can enter any
additional information you wish.
Overview of the order
After filling in the above text boxes, you can click on "Continue to next step" to continue the order
process or on "Cancel" to delete/rectify the data entered so far and return to the Cart. Clicking on
"Continue to next step" will take you to the "Order overview" page. Here you will see a summary of
the information you have previously entered, such as the contents of your shopping cart, your user,
billing and shipping details and the amount you are paying (you cannot change this information here
unless you click on "Back").
Finalising the order (making an offer)
If you are satisfied that the contents of your shopping cart correspond to the Goods you wish to
order and that your details are correct, you can complete your order by clicking on the "Submit
Order" button. The information provided on the website does not constitute an offer by the Seller to
enter into a contract. For orders covered by these GTC, you are considered to be the Bidder.
By clicking on the "Submit Order" button, you expressly acknowledge that your offer shall be
deemed to have been made and that your declaration shall be subject to payment in the event of
confirmation by the Seller in accordance with these GTC. You are bound by your offer for a period of
48 hours. If your offer is not confirmed by the Seller within 48 hours in accordance with these GTC,
you are released from your obligation to bid.
Processing of the order, conclusion of the contract
Orders are processed in two stages. You can place your order at any time. You will first receive an
automated confirmation of your order, which only records the fact that your order has been
received via the website, but this confirmation does not constitute acceptance of your offer. If you
notice that the automated confirmation e-mail notification contains incorrect information about you
(e.g. name, delivery address, telephone number, etc.), you must immediately notify us by e-mail,
together with the correct information. If you do not receive the automatic confirmation e-mail
within 24 hours of placing your order, please contact us, as your order may not have been received
for technical reasons.
After sending your offer, the Seller will confirm your offer by a second e-mail. The contract is
concluded when the confirmation email sent by the Seller becomes available to you in your mail
system (second confirmation).
Procedure followed in case of non-received parcels
If the Customer does not take delivery of the Goods ordered and delivered and does not notify the
Seller of his/her intention to withdraw from the contract within 14 days without giving any reason as
provided by law, he/she is in breach of the contract with the Seller, under which he/she is obliged to
take delivery of the Goods and thereby accept the Seller's performance. In this case, the Seller will
attempt to re-deliver the Goods, provided that this can be agreed with the Buyer, but may make re-
delivery subject to payment of a delivery charge. If the re-delivery fails or cannot be agreed with the
Buyer because the Buyer refuses to cooperate, the Seller shall be entitled to terminate the contract
with the Buyer with immediate effect for breach of contract and to claim the costs of the failed
delivery and return as a penalty from the Buyer. The parties agree to the use of email as a form of
communication used by the Buyer at the time of ordering to terminate the contract and stipulate
that the date of the notice of termination is the date on which the termination letter becomes
available in the Buyer's email account.
Payment methods
Bank transfer
If you would like to pay by bank transfer, please transfer the cost of the products and any delivery to
the following bank account. The order will be fulfilled upon receipt of the payment.
Bank: K&H Bank
Account number: 10403435 -50526871 – 51881003
Beneficiary name: Herbsgarden International Kft.
Payment by credit card
Pay quickly and securely by credit card in our online shop.
Barion
The Barion Smart Gateway is a completely home-grown, non-bank payment gateway for credit card
and e-money acceptance, with a range of innovative features and unbeatable prices. It is even more
convenient to use after just one minute of registration. As the bank card numbers are stored in a
secure system with PCI DSS certification, all you need to do is enter your registered email address
and password to use any stored card. Barion's web interface offers reports, an export facility and a
monthly statement of account sent out to support business processes and official accounting.
Transactions are processed in real time and incoming items can be viewed in a mobile app. With the
free Barion app, Barion users can pay by mobile in an increasing number of shops and restaurants
without having to carry cash or a debit card. Banking security is guaranteed by the supervision of the
MNB (MNB licence: H-EN-I-1064/2013). Protection against credit card fraud is handled in a flexible
and fair way.
Repurchase from
If you wish to pay for the value of your order on receipt of your parcel, please choose the "Cash on
delivery" payment method. Cash or card in case of courier service, card only in case of parcel point.
Acceptance methods, acceptance fees
GLS courier service
The product will be delivered by GLS courier service.
More information can be found here: https://gls-group.eu/HU/hu/cimzetteknek-nyujtott-
szolgaltatasok
For online purchases, door-to-door delivery is the most popular option, but the share of personal
delivery is growing year on year. Customers can pick up their goods conveniently and at their own
convenience via GLS ParcelPoints, where cash payment is guaranteed.
GLS ParcelPoints are located in easily accessible places, such as shopping centres, petrol stations,
bookshops or other busy stores. Most of them are open long hours, even on weekends, for
customers who want to pick up or drop off their parcel. GLS sends an e-mail or SMS notification to
the recipient that the goods have been delivered. The customer can collect the parcel at any time
within 5 working days, taking into account the opening hours of the GLS ParcelPoint.
The gross fee for this delivery method is 1590 Ft.
Personal receipt
You can also pick up the ordered product in our shop.
You will not be charged any fees.
Deadline for delivery
The general delivery time for the order is 10 days maximum from the date of order confirmation. In
the event of a delay on the part of the Seller, the Buyer shall be entitled to set a grace period. If the
Seller does not perform within the grace period, the Buyer shall be entitled to withdraw from the
contract.
Reservation of rights, ownership clause
If you have previously ordered Goods but did not receive them at the time of delivery (not including
where you have exercised your right of withdrawal) or the Goods have been returned to the Seller
without a requested indication, the Seller will make the fulfilment of the order conditional on the
payment of the purchase price and delivery costs in advance.
The Seller may withhold delivery of the Goods until it is satisfied that the price of the Goods has
been successfully paid using the electronic payment solution (including in the case of Goods paid by
bank transfer, where the Buyer transfers the purchase price in the currency of the Member State in
which the goods are sold and the Seller does not receive the full amount of the purchase price and
delivery charges due to the conversion and bank commissions and costs). If the price of the Goods
has not been paid in full, the Seller may request the Buyer to supplement the purchase price.
Sales abroad
By using the Website, the Seller does not distinguish between Buyers within the territory of Hungary
and those outside the territory of the European Union. Unless otherwise provided for in these GTC,
the Seller shall ensure the delivery/collection of the ordered Goods in Hungary.
The provisions of this GTC shall also apply to purchases made outside Hungary, provided that, for the
purposes of this clause, a consumer is a national of a Member State or a business established in a
Member State who purchases goods or services within the European Union solely for the purpose of
final consumption or for the purpose of using them or acting with such intentions, in accordance
with the provisions of the relevant Regulation. A consumer is a natural person who is acting for
purposes which are outside his trade, business, craft or profession.
The language of communication and purchase shall be primarily Hungarian, the Seller is not obliged
to communicate with the Customer in the language of the Customer's Member State.
The Seller is not obliged to comply with or inform the Buyer of any non-contractual requirements,
such as labelling or sector-specific requirements, laid down in the national law of the Buyer's
Member State in relation to the Goods concerned.
Unless otherwise specified, the Seller shall apply Hungarian VAT to all Goods.
The Customer may exercise his/her enforcement rights in accordance with these GTC.
In the case of electronic payment, payment is made in the currency specified by the Seller,
The Seller may withhold the delivery of the Goods until it is satisfied that the price of the Goods and
the delivery charge have been successfully and fully paid using the electronic payment solution
(including in the case of Goods paid by bank transfer, where the Buyer transfers the purchase price
(delivery charge) in the currency of the Member State of the Seller and the Seller does not receive
the full amount of the purchase price due to the conversion and bank commissions and charges). If
the price of the Goods has not been paid in full, the Seller may request the Buyer to supplement the
purchase price.
In order to deliver the Goods, the Seller shall also provide the same delivery facilities to non-
Hungarian Buyers as to Hungarian Buyers.
If the Buyer may request delivery of the Goods to Hungary or any other Member State of the
European Union in accordance with the GTC, the non-Hungarian Buyer may also request delivery by
any of the means of delivery indicated in the GTC.
If the Buyer may choose to collect the Goods personally from the Seller in accordance with the GTC,
this may also be used by the Buyer who is not in Hungary.
Otherwise, the Buyer may request that the Goods be shipped abroad at his own expense. This right
does not apply to Hungarian Customers.
The Seller shall fulfil the order after payment of the delivery fee, if the Customer does not pay the
delivery fee to the Seller or does not arrange his own delivery by the date agreed in advance, the
Seller shall terminate the contract and refund the prepaid purchase price to the Customer.
Consumer information
Information on the consumer's right of withdrawal
Only natural persons acting outside the scope of their profession, self-employed occupation or
business activity are considered consumers according to Section 81 (1) (3) of the Civil Code, so legal
persons may not exercise the right of withdrawal without giving a reason!
The consumer has the right to withdraw from the contract without giving any reason according to
Article 20 of Government Decree 45/2014 (II 26). The consumer may exercise his right of withdrawal
a) In the case of a contract for the sale of goods
aa) to the Arau,
ab) in the case of the sale of several Goods, if the delivery of each Good is made at a different time,
to the Goods last delivered,
by the consumer or a third party other than the carrier and indicated by the consumer, within a time
limit of 14 calendar days from the date of receipt of the goods by the consumer.
Nothing in this clause shall affect the consumer's right to exercise his right of withdrawal under this
clause during the period between the date of conclusion of the contract and the date of receipt of
the Goods.
If the consumer has made an offer to conclude the contract, the consumer has the right to withdraw
the offer before the conclusion of the contract, which terminates the obligation to make an offer to
conclude the contract.
Cancellation notice, exercise of the consumer's right of withdrawal or termination
The consumer may exercise the right provided for in Article 20 of Government Decree 45/2014
(26.II.) by means of a clear declaration to this effect or by using the declaration template that can
also be downloaded from the website.
Validity of the consumer's withdrawal
The right of withdrawal shall be deemed to have been exercised within the time limit if the
consumer sends his declaration within the time limit.
In the case of written withdrawal or termination, it is sufficient to send the notice of withdrawal or
termination within the deadline.
The burden of proving that the consumer exercised his right of withdrawal in accordance with this
provision is on the consumer.
The Seller shall acknowledge the consumer's withdrawal on an electronic medium upon receipt.
Obligations of the Seller in the event of withdrawal by the consumer
Seller's obligation to refund
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree
45/2014 (26.II.), the Seller shall reimburse the total amount paid by the consumer as consideration,
including the costs incurred in connection with the performance, including the delivery fee, within
fourteen days of becoming aware of the withdrawal at the latest. Please note that this provision
does not apply to additional costs caused by the choice of a mode of transport other than the least
costly usual mode of transport.
How the Seller is obliged to refund
In the event of withdrawal or termination in accordance with Article 22 of Government Decree
45/2014 (26.II.), the Seller shall refund the amount returned to the consumer in the same way as the
consumer used the payment method. Subject to the express consent of the consumer, the Seller
may use a different method of payment for the refund, but the consumer shall not be charged any
additional fee as a result. The Seller shall not be liable for any delay due to the incorrect and/or
inaccurate bank account number or postal address provided by the Consumer.
Additional costs
If the consumer explicitly chooses a mode of transport other than the least costly usual mode of
transport, the Seller is not obliged to reimburse the additional costs resulting from this. In such a
case, we shall be obliged to reimburse up to the amount of the standard delivery charges indicated.
Right of retention
The Seller may withhold the amount due to the consumer until the consumer has returned the
Goods or has proved beyond reasonable doubt that he has returned them, whichever is the earlier.
We are not able to accept consignments sent by cash on delivery or by post.
In the event of withdrawal or termination of the consumer's obligations
Return of the Goods
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree
45/2014 (26.II.), the consumer shall return the Goods immediately, but no later than fourteen days
from the date of withdrawal, or hand them over to the Seller or to a person authorised by the Seller
to receive the Goods. The return shall be deemed to have been effected in time if the consumer
returns the goods before the expiry of the time limit.
Payment of direct costs related to the return of the Goods
The consumer bears the direct cost of returning the Goods. The Goods must be returned to the
Seller's address. If the consumer terminates an off-premises or distance contract for the provision of
a service after the performance has begun, he must pay the trader a fee proportionate to the service
provided up to the date of notification of the termination to the trader. The amount to be paid by
the consumer pro rata shall be determined on the basis of the total amount of the consideration laid
down in the contract plus tax. If the consumer proves that the total amount so determined is
excessive, the pro rata amount shall be calculated on the basis of the market value of the services
provided up to the date of termination of the contract. Please note that we are not able to accept
goods returned by cash on delivery or postage paid.
Consumer liability for depreciation
The consumer is liable for depreciation resulting from the use of the Goods beyond the use
necessary to determine their nature, characteristics and functioning.
If the right of withdrawal cannot be exercised or can only be exercised subject to conditions under
the applicable legislation, the Customer shall not be entitled to use the product for trial purposes.
The right of withdrawal cannot be exercised in the following cases
The Seller expressly draws your attention to the fact that you may not exercise your right of
withdrawal in the cases provided for in Article 29(1) of Government Decree 45/2014 (II.26.):
after full performance of the service, but where the contract imposes a payment obligation on the
consumer, this exception may be invoked only if performance has begun with the consumer's
express prior consent and the consumer's knowledge that he will lose his right of withdrawal once
the business has performed the contract in full;
in respect of goods or services whose price or charges are subject to fluctuations which are beyond
the control of the financial market firm and which are possible even during the period set for
exercising the right of withdrawal;
for Goods which are not prefabricated, which have been manufactured on the instructions or at the
express request of the consumer, or for Goods which are clearly personalised for the consumer;
perishable Goods or Goods which retain their quality for a short period;
for sealed Goods that cannot be returned after opening after delivery for health or hygiene reasons;
Goods which, by their nature, are inseparably mixed with other Goods after delivery;
an alcoholic beverage the real value of which is dependent on market fluctuations in a way beyond
the undertaking's control and the price of which was agreed between the parties at the time of the
conclusion of the sales contract, but the contract is not performed until 30 days after the conclusion
of the contract;
in the case of a contract for the provision of services where the business visits the consumer at the
express request of the consumer to carry out urgent repair or maintenance work;
the sale of a copy of a sound or video recording or computer software in sealed packaging, if the
consumer has opened the packaging after delivery;
newspapers, periodicals and periodicals, with the exception of subscription contracts;
for contracts concluded by public auction;
for contracts for the provision of accommodation, transport, car rental, catering or leisure activities,
with the exception of housing services, if a deadline or period for performance has been set in the
contract;
in respect of digital content provided on a non-tangible medium, if the Seller has begun performance
with the consumer's express prior consent and the consumer has, at the same time as giving such
consent, acknowledged that he/she will lose the right of withdrawal once performance has begun
and the undertaking has sent the consumer a confirmation.
Information on product warranties and guarantees of conformity for consumer contracts
This section of the consumer information has been prepared on the basis of the authorisation of
Article 9(3) of Government Decree 45/2014 (II.26.), in accordance with Annex 3 of Government
Decree 45/2014 (II.26.)
The Consumer Information applies only to Customers who are consumers, the rules for
nonconsumers are set out in a separate chapter.
Contractual performance requirements for consumer contracts
Contractual performance requirements for goods sold under a consumer contract in general and
goods containing a digital element
The goods and the performance must comply with the requirements of Government Decree
373/2021 (30.VI.2021) at the time of performance.
In order for performance to be deemed to be in conformity with the contract, the Goods subject to
the contract must
– comply with the specifications, quantity, quality, type and have the functionality,
compatibility, interoperability and other characteristics specified in the contract
– be fit for any purpose specified by the consumer, brought to the seller's attention by the
consumer at the latest at the time of the conclusion of the contract and accepted by the
seller
– have all the accessories and instructions for use specified in the contract, including
installation instructions, installation instructions and customer support, and
– provide the updates specified in the contract.
In order for performance to be deemed to be in conformity with the contract, the Goods subject to
the contract must
– be suitable for the purposes specified for the same type of Goods in the applicable code of
practice in the absence of a legal provision, technical standard or technical standard
– have the quantity, quality, performance and other characteristics, in particular in terms of
functionality, compatibility, availability, continuity and safety, which the Consumer can
reasonably expect, as is normal for Goods of the same type, taking into account any public
statement, in particular in an advertisement or on a label, by the Seller, his representative or
any other person in the distribution chain, concerning the specific characteristics of the
Goods
– have the accessories and instructions that the consumer could reasonably expect, including
packaging and instructions for installation, and
– must correspond to the characteristics and description of the Goods presented by the
undertaking as a sample, model or trial version prior to the conclusion of the contract.
The Goods do not have to comply with the above public statement if the Seller proves that
– did not know, and did not need to know, the public statement
– the public statement has been duly corrected by the time the contract is concluded, or
– the public statement could not have influenced the right holder's decision to conclude the
contract.
Contractual performance requirements for the sale of goods sold under a consumer contract
The Seller shall be deemed to have performed defectively if the defect in the goods is due to
improper installation, provided that
a) the installation is 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 incorrect installation is the result
of shortcomings in the installation instructions provided by the Seller or, in the case of goods
containing digital elements, by the digital content or digital service provider.
If the contract of sale provides that the goods are to be put into service by the Seller or under the
Seller's responsibility, performance shall be deemed to have been completed by the Seller when the
putting into service is completed.
If, in the case of goods containing digital elements, the contract of sale provides for the continuous
supply of digital content or digital services for a specified period, the Seller is liable for a defect in the
digital content of the goods if the defect occurs or becomes apparent within two years of the
delivery of the goods in the case of continuous supply for a period not exceeding two years.
Contractual performance requirements for goods containing digital elements sold under a consumer
contract
For goods containing digital elements, the Seller must ensure that the consumer is notified of and
receives any updates to the digital content of the goods or to the digital service associated with the
goods, including security updates, that are necessary to keep the goods in conformity with the
contract.
The Seller's obligation to make the update available if the contract of sale
– provides for a one-off supply of digital content or a digital service, the type and purpose of
the goods and digital elements and the specific circumstances and nature of the contract are
such as the consumer could reasonably expect; or
– provides for the continuous supply of digital content for a specified period, then, for
continuous supply for a period not exceeding two years, it must be provided for a period of
two years from the date of delivery of the goods.
If the consumer fails to install the provided updates within a reasonable time, the Seller shall not be
liable for the defect of the goods if it is solely due to the failure to apply the relevant update,
provided that
a) the Seller has informed the consumer of the availability of the update and the consequences of
the consumer's failure to install it; and
(b) the failure of the consumer to install the upgrade or the incorrect installation of the upgrade by
the consumer is not due to a lack of installation instructions provided by the Seller.
Defective performance cannot be established if, at the time of the conclusion of the contract, the
consumer was specifically informed that a particular characteristic of the goods differed from that
described here and the consumer expressly accepted this difference at the time of the conclusion of
the contract of sale.
Accessories warranty
In which cases can you exercise your right to a warranty?
In the event of defective performance by the Seller, you may assert a claim against the Seller for
defective performance in accordance with the provisions of the Civil Code and, in the case of
consumer contracts, the Government Decree 373/2021 (30.VI.).
What rights do you have under a warranty claim?
You may – at your option – make the following warranty claims:
You may request a repair or replacement, unless one of these is impossible or would impose a
disproportionate additional cost on the Seller compared to any other request you have made. If you
have not requested or could not request the repair or replacement, you may request a
proportionate reduction in the price or, as a last resort, withdraw from the contract.
You can switch from one warranty right to another, but you will bear the cost of the switch unless it
was justified or the Seller gave a reason for it.
In the case of a consumer contract, it must be presumed, unless the contrary is proved, that the
defect in the goods and the goods incorporating digital elements was discovered within one year of
the date of performance of the contract and was already present at the time of performance of the
goods, unless this presumption is incompatible with the nature of the goods or the nature of the
defect.
In the case of used Goods, the warranty and guarantee rights are usually different from the general
rules. In the case of second-hand Goods, defective performance may also be considered, but the
circumstances under which the Buyer could have expected certain defects to occur must be taken
into account. As a result of ageing, the occurrence of certain defects becomes more frequent and it
cannot be assumed that a second-hand Goods can be of the same quality as newly purchased
Goods. On this basis, the Buyer may only assert his warranty rights in respect of defects which are in
addition to and independent of those resulting from use. If the used Goods are defective and the
Customer, being the Consumer, was informed of this at the time of purchase, the Supplier shall not
be liable for the known defect.
The Seller may refuse to bring the Goods into conformity with the contract if repair or replacement
is impossible or would result in disproportionate additional costs to the Seller, taking into account all
the circumstances, including the value of the Goods in their original condition and the seriousness of
the breach of contract.
The consumer is also entitled to claim a proportionate reduction of the consideration or to
terminate the sales contract, according to the seriousness of the breach of contract, if.
the Seller has not carried out the repair or replacement, or has carried it out but has not complied, in
whole or in part, with the following conditions
the Seller must ensure the return of the replaced goods at his own expense
if the repair or replacement requires the removal of goods which were put into service in accordance
with the nature and purpose of the goods before the defect became apparent, the obligation to
repair or replace includes the removal of the non-conforming goods and the putting into service of
the goods supplied as a replacement or repaired goods or the bearing of the costs of removal or
putting into service.
refused to make the goods conform to the contract
there is a repeated failure of performance, despite the Seller's attempts to bring the goods into
conformity with the contract
the defect is of such gravity as to justify immediate price reduction or immediate termination of the
sales contract, or
the seller has not undertaken to bring the goods into conformity with the contract, or it is clear from
the circumstances that the business will not bring the goods into conformity within a reasonable
time or without significant detriment to the consumer.
If the consumer wishes to terminate the sales contract on the grounds of defective performance, the
burden of proving that the defect is insignificant lies with the Seller.
The Consumer shall be entitled to retain the remaining part of the purchase price, in whole or in
part, according to the seriousness of the breach of contract, until the Seller has fulfilled its
obligations regarding the conformity of performance and defective performance.
The general rule is that:
– the Seller must ensure the return of the replaced goods at his own expense
– if the repair or replacement requires the removal of goods which were put into service in
accordance with the nature and purpose of the goods before the defect became apparent,
the obligation to repair or replace includes the removal of the non-conforming goods and
the putting into service of the goods supplied as a replacement or repaired goods or the
bearing of the costs of removal or putting into service.
The reasonable time limit for the repair or replacement of the goods shall be calculated from the
date on which the Consumer notified the business of the defect.
The consumer must make the goods available to the trader in order to have them repaired or
replaced.
The delivery of the consideration is proportionate if the amount of the consideration is equal to the
difference between the value of the goods due to the Consumer in the event of contractual
performance and the value of the goods actually received by the Consumer.
The Consumer's right to terminate the contract of sale may be exercised by means of a declaration
addressed to the Seller expressing the decision to terminate.
If the non-conformity concerns only a specified part of the goods supplied under the sales contract
and the conditions for exercising the right to terminate the contract apply in respect of those goods,
the Consumer may terminate the sales contract only in respect of the non-conforming goods, but
may also terminate it in respect of any other goods acquired with them if the Consumer cannot
reasonably be expected to keep only the goods which conform to the contract.
If the Consumer terminates the contract of sale in its entirety or in respect of part of the goods
supplied under the contract of sale, the Consumer shall.
– the Consumer must return the goods to the Seller at the Seller's expense; and
– the Seller must reimburse the Consumer for the purchase price paid for the goods
concerned as soon as the goods or the certificate of return of the goods is received.
What is the time limit for you to claim your warranty?
You are obliged to report the fault as soon as you discover it. A defect communicated within two
months of its discovery shall be deemed to have been communicated without delay. However, you
should note that you cannot claim any rights under a guarantee beyond the two-year limitation
period from the date of performance of the contract.
The limitation period does not include the part of the repair period during which the Buyer cannot
use the Goods for their intended purpose.
For the part of the Goods affected by the replacement or repair, the limitation period for the claim
for replacement or repair shall start to run again. This rule shall also apply in the event that a new
defect arises as a result of the repair.
If the object of the contract between the consumer and the business is second-hand goods, the
parties may agree on a shorter limitation period; in this case, a limitation period of less than one
year cannot be validly agreed.
Who can you claim against?
You may assert a warranty claim against the Seller.
What other conditions are there for the enforcement of your rights under the warranty?
Within one year from the date of performance, you can claim for a replacement goods warranty on
no condition other than that you have notified the defect, if you prove that the goods were provided
by the Seller. However, after one year from the date of performance, you will have the burden of
proving that the defect which you have discovered existed at the time of performance.
Product Warranty
In which cases can you exercise your right to a product guarantee?
In the event of a defect in a movable item (Goods), you may, at your option, claim under the
accessories warranty or the product warranty.
What rights do you have under a product warranty claim?
As a product warranty claim, you can only request the repair or replacement of the defective Goods.
In which cases is the Goods considered defective?
Goods are defective if they do not meet the quality requirements in force when they were placed on
the market or if they do not have the characteristics described by the manufacturer.
What is the deadline for you to claim under the product warranty?
You have two years from the date the goods were placed on the market by the manufacturer to
make a product warranty claim. After this period, you lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You can only exercise your right to claim under a product warranty against the manufacturer or
distributor of the movable item. You must prove that the Goods are defective in order to make a
product warranty claim.
In which cases is the manufacturer (distributor) exempted from its product warranty obligation?
The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove
that:
– manufactured or placed the Goods on the market in the course of its business, or
– the defect was not detectable according to the state of science and technology at the time it
was placed on the market, or
– the defect in the Goods arises from the application of a law or a mandatory requirement of a
public authority.
The manufacturer (distributor) only needs to prove one reason for exemption.
Please note that you may not claim both a warranty for accessories and a product warranty for the
same defect at the same time. However, if your product warranty claim is successful, you may assert
your accessories warranty claim against the manufacturer for the replaced Goods or repaired part.
Good standing
In which cases can you exercise your right to a guarantee?
Pursuant to Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain consumer
durables, the Seller is obliged to provide a warranty for the sale of new consumer durables (e.g.
technical goods, tools, machines) listed in Annex 1 of the Decree, as well as their accessories and
components (hereinafter – in this section – collectively referred to as consumer goods) within the
scope specified therein.
In addition, the Seller may also voluntarily provide a warranty, in which case the Buyer, being the
Consumer, must be provided with a warranty declaration.
The guarantee statement must be provided to the Consumer on a durable medium, at the latest at
the time of delivery of the goods.
It must be indicated in the warranty declaration:
– a clear statement that in the event of defective performance of the goods, the Consumer
shall be entitled to exercise the statutory rights of warranty free of charge and that these
rights shall not be affected by the warranty
– the name and address of the person liable for the guarantee
– the procedure to be followed by the Consumer to enforce the guarantee
– the identification of the goods to which the guarantee applies, and
– the terms of the guarantee,
– the purchase price of the Goods.
What are your rights and what is the time limit in case of a mandatory guarantee?
Rights of standing
The Customer may, on the basis of his/her warranty right, claim for repair or replacement, request a
price reduction in the cases provided for by law, or ultimately withdraw from the contract if the
debtor has not undertaken to repair or replace the goods, cannot fulfil his/her obligation within a
reasonable period of time without prejudice to the interests of the beneficiary, or if the beneficiary's
interest in repair or replacement has ceased.
The Buyer may also, at his/her option, submit the repair claim directly to the Seller's head office, any
premises, branch or repair service indicated by the Seller on the warranty ticket.
Validation deadline
Warranty claims can be enforced during the warranty period, the warranty period is in accordance
with Government Decree 151/2003 (IX. 22.):
– one year for a sale price of HUF 10 000 or more but not more than HUF 100 000,
– two years for a sale price exceeding HUF 100 000 but not exceeding HUF 250 000,
– Three years above the sale price of HUF 250 000.
Failure to comply with these deadlines will result in the loss of rights, but in the event of repair of
the consumer goods, the warranty period will be extended from the date of delivery for repair by
the time during which the Customer could not use the consumer goods as intended due to the
defect.
The warranty period starts on the date of delivery of the consumer goods to the Customer or, if the
installation is carried out by the Seller or his agent, on the date of installation.
If the Consumer Goods are put into service by the Customer after six months from the date of
delivery, the warranty period starts on the date of delivery of the Consumer Goods.
Rules on the treatment of a warranty claim
In handling the repair, the Seller shall endeavour to make the repair within 15 days. The time limit
for repair shall start to run on receipt of the consumer goods.
If the duration of the repair or replacement exceeds fifteen days, the Seller must inform the Buyer of
the expected duration of the repair or replacement.
If, during the warranty period, the first repair of the consumer goods by the Seller establishes that
the consumer goods cannot be repaired, the Seller shall replace the consumer goods within eight
days, unless the Buyer has agreed otherwise. If the consumer goods cannot be replaced, the Seller
shall reimburse the purchaser within eight days the purchase price indicated on the proof of
payment of the price of the consumer goods presented by the consumer, i.e. on the invoice or
receipt issued under the VAT Act.
By accepting the GTC, the Customer agrees that the information may be provided to him/her by
electronic means or by any other means that can be used to prove receipt by the Customer.
If the Seller is unable to repair the consumer goods within 30 days:
– if the Customer has agreed to this, the repair can be carried out at a later date, or
– if the Customer does not agree to the subsequent performance of the repair or has not
made a declaration to this effect, the consumer goods must be replaced within eight days of
the expiry of the 30-day period without result, or
– if the Customer does not agree to the subsequent performance of the repair or has not
made a declaration to this effect, but the consumer goods cannot be replaced, the sales
price on the invoice or receipt for the consumer goods must be refunded to the Customer
within eight days of the expiry of the 30-day period without result.
If the consumer goods fail for the fourth time, the Customer is entitled to:
– the Seller towards the repair requires to contact you, or
– instead of the claim for rectification, request the Seller to reduce the purchase price
proportionately pursuant to Section 6:159 (2) (b) of Act V of 2013 on the Civil Code, or
– to have the consumer goods repaired or otherwise corrected at the Seller's expense instead
of the claim for repair pursuant to Section 6:159 (2) (b) of Act V of 2013 on the Civil Code, or
– if the Buyer does not exercise or has not declared these rights (repair, price reduction and
other remedies at the Seller's expense), the consumer goods must be replaced within 8 days,
and if the consumer goods cannot be replaced, the sales price shown on the invoice or
receipt for the consumer goods must be refunded within 8 days.
Consumer goods covered by the compulsory guarantee under Government Decree 151/2003, which
are fixed, or which weigh more than 10 kg or cannot be carried as hand luggage on public transport,
with the exception of vehicles, must be repaired at the place of use. If the repair cannot be carried
out at the place of use, the dismantling, installation, removal and return shall be carried out by the
undertaking or, in the case of a request for repair made directly to the repairer, by the repairer.
Exceptions to the guarantee
The rules under "Rules for handling a claim" do not apply to electric bicycles, electric scooters, quad
bikes, motorcycles, mopeds, cars, motor caravans, caravans, motor caravans, caravans with trailers,
trailers and motorised watercraft.
However, for these Goods, the Seller shall also endeavour to comply with the request for repair
within 15 days.
If the duration of the repair or replacement exceeds fifteen days, the Seller must inform the Buyer of
the expected duration of the repair or replacement.
What is the relationship between warranties and other warranty rights?
Warranty is in addition to warranty rights (product and accessory warranty), the fundamental
difference between general warranty rights and warranty is that the burden of proof is lower for the
consumer in the case of warranty.
The Seller's voluntary guarantee undertaking must not, during the period of the obligatory
guarantee, contain conditions for the consumer which are less favourable than the rights granted by
the rules on obligatory guarantees. However, after that period, the conditions of the voluntary
guarantee may be freely determined, but the guarantee may not affect the consumer's statutory
rights, including those based on the implied warranty.
Replacement request within three working days
In the case of sales via a webshop, the three working days exchange requirement also applies. A
three working day replacement claim is possible for new consumer durables covered by Government
Decree 151/2003 (22.IX.), according to which if a replacement claim is made within 3 working days,
the seller must interpret this as meaning that the goods were already defective at the time of sale
and must replace them without further ado.
When is the Seller released from his warranty obligation?
The Seller shall be released from its warranty obligation only if it proves that the cause of the defect
arose after performance.
Please note that you cannot make a warranty claim and a warranty claim for the same defect at the
same time, or a product warranty claim and a warranty claim at the same time, but you have the
rights under the warranty regardless of the warranty rights.
Information on product warranty and guarantee of conformity of goods for Customers who are not
consumers
General rules on the rights of accessory warranties
A Buyer who is not a Consumer may, at his/her option, make the following warranty claims:
You may request a repair or replacement, unless one of these is impossible or would impose a
disproportionate additional cost on the Seller compared to any other request you have made. If you
did not or could not request the repair or replacement, you may request a proportionate reduction
in the price or the Buyer may have the defect repaired or replaced at the Seller's expense or, as a
last resort, may withdraw from the contract.
You can switch from one warranty right to another, but you will bear the cost of the switch unless it
was justified or the Seller gave a reason for it.
In the case of used Goods, the warranty and guarantee rights are usually different from the general
rules. In the case of second-hand Goods, defective performance may also be considered, but the
circumstances under which the Buyer could have expected certain defects to occur must be taken
into account. As a result of ageing, the occurrence of certain defects becomes more frequent and it
cannot be assumed that a second-hand Goods can be of the same quality as newly purchased
Goods. On this basis, the Buyer may only assert his warranty rights in respect of defects which are in
addition to and independent of those resulting from use. If the used Goods are defective and the
Customer, being the Consumer, was informed of this at the time of purchase, the Supplier shall not
be liable for the known defect.
In the case of buyers who are not consumers, the period of validity of the right to claim under the
warranty is 1 year, starting on the date of delivery.
Warranty and Guarantee
Product guarantees and mandatory warranties are only available to customers who are consumers.
If the Seller voluntarily provides a warranty for the Goods, the Seller shall indicate this separately
when purchasing the Goods.
If the manufacturer provides a manufacturer's warranty for the Goods that also covers purchasers
who are not consumers, this warranty can be claimed directly from the manufacturer.