I. Receipt and control of goods
- The Buyer shall be obliged to check the quantity of goods delivered by the Seller within a reasonable period of time. If the quantity set out in the Agreement and the actually delivered quantity differ, the Buyer shall notify the Seller without delay. In the event the Buyer is failing to comply with the obligation contained in the present clause, the Buyer shall not be entitled to claim additional goods or compensation from the Seller.
- If the Buyer assumes a defective performance by the Seller, the Buyer shall immediately inform the Seller thereof. The Seller assumes no liability for any damage resulting from the failure or delay of such notice.
- The Buyer is obliged to take all necessary and reasonably expected measures to prevent or mitigate any damage that may arise in connection with the defective performance.
- The Seller shall, following the Buyer’s notice, examine the goods related to the presumed defective performance and replace the defective goods where the complaint is well-grounded.
II. Liability, product liability, consumer warranty
The following section of the GTC has been prepared on the basis of Annex 3 to Government Decree 45/2014 (II.26.) (the “Government Decree”).
1. Liability for defects
a)Under what circumstances can the Buyer exercise its warranty rights?
In case of defective performance, the Buyer can exercise its warranty rights for defects against the Seller in accordance with the regulations of the Civil Code.
b)What is the deadline applicable to the Buyer’s warranty rights?
The Buyer shall announce the defect immediately after having noticed it, but at the latest within 2 months from the discovery of the defect. However, the Seller draws the Buyer’s attention to the fact that, beyond the 2 years’ limitation period after the performance of the contract, warranty rights are no longer enforceable.
c)Against who may the Buyer exercise its warranty rights?
The Buyer may exercise its rights against the Seller.
2. Product liability
a)Under what circumstances can the Buyer exercise its warranty rights?
If a movable property (product) has a defect, the Buyer can exercise its warranty or product liability rights.
b)What are the Buyer’s rights under the terms of product liability?
The Buyer can only ask for the replacement of the defective product under the terms of product liability.
c)Under what circumstances shall be deemed a product defective?
The product has a defect if it does not comply with quality requirements in force at the time of the commencement of its distribution or it does not have the characteristics described in the product manual provided by the manufacturer.
d)What is the deadline applicable to the Buyer’s warranty rights?
The Buyer can enforce its product liability claims within 2 years from the commencement of distribution of the product by the manufacturer. After this time limit, the right ceases to exist.
e)Against who may the Buyer exercise its warranty rights?
The Buyer can enforce its product liability right exclusively towards the manufacturer or distributor of the movable property. In case of enforcing product liability right, the Buyer must prove the defect of the product.
f)Under what circumstances may the manufacturer (distributor) be exempt from its product liability obligations?
The manufacturer (distributor) can only be exempt from the product liability obligations, if it can prove that:
i)the product was not manufactured or distributed within the scope of its business activities; or
ii)the defect could not be recognized/identified at the time of the commencement of the distribution according to the then current scientific and technical
knowledge; or
iii) the defect originates from application of obligatory administrative requirements or legal regulations.
The manufacturer (distributor) only has to prove one reason for acquittal.
Because of the same defect, the Buyer cannot enforce warranty and product liability rights at the same time side by side. After the Buyer effectively enforced its product liability rights, the Buyer can then enforce its warranty rights regarding the replaced product or the repaired part of it against the manufacturer.
3. Guarantee
a)Under what circumstances can the Buyer exercise its guarantee rights?
In the case of defective performance, the Seller is obliged to perform its guarantee obligations in accordance with Government Decree 151/2003 (IX.22.) on the mandatory guarantee of certain durable consumer goods.
By virtue of law, warranty shall be provided to such durable consumer goods (e.g. electronic device, tools, machines) the purchase price of which exceeds HUF 10,000.
b) What kind of rights may be exercised by the Buyer under the terms of guarantee and what is the deadline applicable to the Buyer’s guarantee rights?
The cases of mandatory guarantee are regulated by the Government Decree 151/2003 (IX.22.) on the mandatory guarantee of certain durable consumer goods. The Seller does not undertake any guarantee in cases not covered by these cases. The guarantee claim can be enforced within the guarantee period. If the obligor of the guarantee fails to comply with its obligation within a reasonable deadline upon the call of the obligee, the warranty claim may be enforced before the court within three months from the expiry of the term specified in the notice, even if the warranty period has expired. Failure to meet this deadline will result in loss of rights. In other terms, the rules for exercising warranty rights shall be appropriately applicable to the exercise of guarantee rights. The guarantee period is one year. Failure to meet this deadline will result in loss of rights. The guarantee period starts from the delivery of the consumer product to the consumer or, if the product shall be put into operation by the company or its agent, it commences on the date of putting into operation. Please contact the manufacturer for any guarantee claims over one year.
c)What is the connection between the guarantee and other warranty rights?
The guarantee is applicable along other warranty rights (warranty and product liability) rights, the fundamental difference between such is that the burden of proof is more favourable to the consumer in the case of the guarantee.
d)Entitlement to replacement within 3 business days.
If the Buyer requests a replacement within 3 business days, the Seller must interpret that the product was defective at the time of the sale and such shall be replaced.
e)Under what circumstances may the Seller be exempt from its guarantee obligations?
The Seller shall be released from guarantee obligations if it is able to prove that the cause of the defect occurred after the delivery of the product.
III. Right of withdrawal
Pursuant to Section 20 of the Government Decree, the consumer shall have the right to withdrawal within 14 days without justification.
1. Declaration on withdrawal, exercise of consumer’s right to withdrawal or termination
In case of a written withdrawal, we consider it to be claimed within the deadline if the withdrawal statement is sent to us within 14 days. It is for the consumer to prove that he exercised his right of withdrawal in accordance with this provision. The Seller shall confirm the consumer’s withdrawal statement upon its receipt.
2. Validity of the consumer’s declaration on withdrawal
The right to withdrawal shall be deemed exercised on time if such is dispatched within the deadline. The deadline is 14 days.
The consumer shall prove that its right to withdrawal was exercised in line with this provision.
The Seller shall confirm the receipt of the consumer’s declaration on withdrawal upon its receipt.
3. The Seller’s obligations in case of a withdrawal by the consumer
a)Reimbursement obligations of the Seller
If the consumer withdraws from the contract in accordance with Section 22 of the Government Decree, the Seller shall refund the total amount paid by the consumer including costs incurred in relation to the performance of the contract, i.e. including shipping charges within 14 days of becoming aware of the withdrawal. This provision does not apply to the additional costs caused by choosing the least expensive option than the usual mode of shipping.
b)Reimbursement obligation method of Seller
In the event of withdrawal or cancellation pursuant to Section 22 of the Government Decree, the Seller shall refund the amount returned to the consumer in the same manner as the payment method used by the consumer. Subject to the express consent of the consumer, the Seller may use other means of payment for the refund, but the consumer shall not be charged any additional fees. The Seller shall not be held liable for any delay caused by the Customer’s erroneous and / or inaccurate bank account number or postal address.
c)Extra costs
If the consumer expressly chooses a different mode of transport than the least expensive standard mode of transport, the Seller shall not be obliged to reimburse the additional costs arising therefrom. In such cases, we have a refund obligation up to the amount of the general shipping charges.
d)Right of retention
The Seller may withhold the amount to be reimbursed to the consumer until the consumer returns the product or, without any doubt has confirmed its return; the earlier date should be taken into account.
4. Obligations of the consumer in case of withdrawal or termination
a)Returning the product
If the consumer withdraws from the contract in accordance with Section 22 of the Government Decree, he/she shall return the product immediately, but no later than 14 days after the notice of withdrawal, or hand it over to the Seller or the person authorized by the Seller. Return is deemed to be completed on time if the consumer sends the product before the deadline expires.
b)Costs connected with the return of the product
The consumer bears the cost of returning the product. The product shall be returned to the Seller’s address. If the consumer terminates the service agreement – concluded outside of the store or remotely – after the commencement of the performance, he/she shall be obliged to pay a fee proportional to the service provided by the date of the notice of termination. The amount to be paid in proportion to the consumer shall be determined on the basis of the total taxable amount of the contractually agreed price. If the consumer proves that the total amount thus determined is excessively high, the proportionate amount shall be calculated on the basis of the market value of the services performed up to the date of termination of the contract.
c)Consumer responsibility for diminished value
The consumer shall be liable for any depreciation resulting from the use beyond what is necessary to determine the nature, characteristics and functioning of the product.
5. Exclusion of right of withdrawal
The Seller explicitly draws the Buyer’s attention that its right to withdrawal shall not be exercised in the following cases:
a)in the case of service contract after the performance of the service in full if the company has commenced the performance with the explicit prior consent of the Buyer and the Buyer has acknowledged that he shall lose the right of withdrawal after the performance of the service in full;
b)in respect of any product or service whose price cannot be influenced by the financial market business and it depends on its fluctuation possible even during the time limit set for the withdrawal;
c)in the case of prefabricated product which has been produced according to the expressed instructions or at the explicit request of the Buyer, or in respect of the product explicitly customized for the Buyer;
d)in respect of perishable – or short shelf life product;
e)in the case of product in closed package that cannot be returned for health- or hygienic reasons after opening the package following the delivery;
f)in respect of a product that shall mix due to its nature with other products after the delivery;
g)in respect of alcoholic beverage whose value depends on market fluctuation not influenced by the company and whose price was agreed to by the parties at the execution of the purchase contract but the contract was performed only after the 30th day following the execution thereof;
h)in the case of a business contract where the contractor undertakes the performance of urgent repairs or maintenance works at the explicit request of the Buyer;
i)in respect of the sales of audio- and video record or computer software in closed packaging if the Buyer opened the package after the delivery;
j)in respect of newspapers, journals and periodicals, with the exception of subscription contracts;
k)in the cases of contracts concluded on public sales;
l)in the case of contracts of services on providing accommodation, excluding that for residential purpose, contracts of shipping, catering, services related to leisure time activities if the parties have stipulated a closing date or deadline for the performance in the contract;
m)in respect of digital data content provided on non-tangible media, if the company has commenced the performance with explicit prior consent of the Buyer and simultaneously with such consent the Buyer acknowledged that after the commencement of the performance, he would lose the above mentioned right of withdrawal/termination.
