Terms and conditions

General Terms and Conditions (GTC)

https://coccinellepilates.hu/ – effective from May 6, 2024

Welcome to our website! Thank you for placing your trust in us with your purchase!

If you have any questions regarding these General Terms and Conditions, the use of the website, specific products, or the purchase process, or if you would like to discuss a unique request, please contact our team using the provided contact information.

Imprint: Service Provider’s Details

Name: COCCINELLE PILATES Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság

Registered Office: 1171 Budapest Réti csík utca 22. fsz.5.

Mailing Address: 1171 Budapest Réti csík utca 22. fsz.5.

Registration Authority: Fővárosi Törvényszék Cégbírósága

Company Registration Number: 01-09-427707

Tax Number: 32505061-2-42

Representative: Dr. Stampfer Barbara

Phone Number: +36704587237

E-mail: info@coccinellepilates.hu

Website: https://coccinellepilates.hu

Bank Account Number: 10918001-00000125-68890009

Hosting Service Provider Details

Name: Websupport Magyarország Kft.

Registered Office: 1119 Budapest Fehérvári út 97-99.

Contact Address: 1119 Budapest Fehérvári út 97-99.

Website: https://www.websupport.hu/

Definitions

Goods: the items offered on the Website for sale, which include:

  • movable goods, including water, gas, and electricity packaged in containers, bottles, or otherwise in limited quantities or specified volumes, and
  • movable goods that contain or are associated with digital content or digital services in such a way that, in the absence of the associated digital content or digital service, the goods would not be able to perform their intended functions (hereinafter: goods containing digital elements)

Goods containing digital elements: movable goods that contain or are associated with digital content or digital services in such a way that, in the absence of the associated digital content or digital service, the goods would not be able to perform their intended functions

Digital content: data produced or provided in digital form

Parties: the Seller and the Buyer jointly

Consumer: a natural person acting for purposes outside their independent occupation and economic activity, who purchases, orders, receives, uses, or benefits from goods, or is the recipient of commercial communication or offers related to the goods. For the purposes of rules relating to conciliation boards—except for the application of the Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC—consumer also means a civil organization, religious legal entity, condominium, or housing association acting for purposes outside their independent occupation and economic activity, who purchases, orders, receives, uses, or benefits from goods, or is the recipient of commercial communication or offers related to the goods. Within the internal market, the definition of a consumer under the rules concerning unjustified territorial content restriction and other forms of discrimination, as well as under Regulation (EU) 2018/302 of the European Parliament and of the Council of 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 (hereinafter: Regulation (EU) 2018/302), shall also include a business that qualifies as a buyer under the same regulation.

Consumer contract: a contract in which one party qualifies as a consumer

Functionality: the ability of goods containing digital elements, digital content, or a digital service to fulfill its intended functions

Manufacturer: the producer of the Goods; in the case of imported Goods, the importer bringing the Goods into the European Union, and any person or entity that presents itself as the manufacturer by placing its name, trademark, or other distinguishing mark on the Goods

Interoperability: the ability of goods containing digital elements, digital content, or a digital service to operate in conjunction with hardware or software different from those commonly used with similar types of goods, digital content, or digital services

Compatibility: the ability of goods containing digital elements, digital content, or a digital service to operate in conjunction with hardware or software commonly used with similar types of goods, digital content, or digital services without the need for modification

Website: the current website, which serves to conclude contracts

Contract: a sales contract concluded between the Seller and the Buyer via the Website and electronic correspondence

Durable medium: any device that enables the consumer or the business to store data personally addressed to them in a way that is accessible for future reference for a period appropriate to the purpose of the data and allows the unaltered reproduction of the stored data

Means of communication at a distance: any device suitable for making a contractual declaration to conclude a contract without the physical presence of the parties. Such devices include addressed or unaddressed forms, standard letters, advertisements published with an order form in a printed publication, catalogs, telephone, fax, and internet-accessible devices.

Distance contract: a consumer contract concluded within a system organized for distance selling of the Goods or services provided in the contract, where the parties conclude the contract without simultaneous physical presence and use only means of communication at a distance

Business: a person acting in the course of their profession, independent occupation, or business activity

Buyer/You: a person making a purchase offer through the Website

Warranty: In consumer contracts between the consumer and the business (hereinafter: consumer contract), as defined by the Civil Code:

  • the warranty for contract performance undertaken by the business beyond its statutory obligations or in the absence of statutory obligations, and
  • the mandatory warranty based on statutory provisions

Purchase price: the consideration to be paid for the Goods and for the provision of digital content.

Applicable Legislation

The Contract is governed by Hungarian law, with particular reference to the following legislation:

  • Act CLV of 1997 on Consumer Protection
  • Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Services Related to the Information Society
  • Act V of 2013 on the Civil Code
  • Government Decree 151/2003 (IX.22) on Mandatory Warranties for Durable Consumer Goods
  • Government Decree 45/2014 (II.26) on the Detailed Rules of Contracts between Consumers and Businesses
  • NGM Decree 19/2014 (IV.29) on 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 Informational Self-Determination and Freedom of Information
  • Regulation (EU) 2018/302 of the European Parliament and of the Council of 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 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 Directive 95/46/EC (General Data Protection Regulation)
  • Government Decree 373/2021 (VI. 30) on the Detailed Rules of Contracts between Consumers and Businesses for the Sale of Goods and the Provision of Digital Content and Digital Services

Scope and Acceptance of the Terms and Conditions

The content of the contract established between us, in addition to the provisions of applicable mandatory legislation, is determined by these General Terms and Conditions (hereinafter: GTC). Accordingly, this GTC includes the rights and obligations of both you and us, the conditions for establishing the contract, delivery deadlines, shipping and payment terms, liability provisions, and the conditions for exercising the right of withdrawal.

Technical information necessary for the use of the Website, not included in these GTC, is provided in other information available on the Website.

You are required to review the provisions of this GTC before finalizing your order.

Language and Form of the Contract

The language of the contracts covered by this GTC is Hungarian.

Contracts covered by this GTC are not considered written contracts, and the Seller does not file them.

Prices

Prices are in Hungarian forints and include 27% VAT. It is not excluded that the Seller may change prices for business policy reasons. Price changes do not apply to already concluded contracts. If the Seller has incorrectly listed a price and an order has been placed for the Goods, but the parties have not yet concluded a contract, the Seller will proceed according to the “Procedure in Case of Incorrect Price” section of the GTC.

Procedure in Case of Incorrect Price

An obviously incorrect price includes:

  • a price of 0 HUF,
  • a price incorrectly showing a discount (e.g., an item with a listed 20% discount at 500 HUF instead of 800 HUF for a 1,000 HUF item).

In the event of an incorrect price listing, the Seller will offer the opportunity to purchase the Goods at the correct price, upon which the Buyer may decide whether to order the Goods at the correct price or cancel the order without any adverse legal consequences.

Complaint Handling and Legal Enforcement Options

Consumers may submit complaints regarding issues related to statutory warranty, product warranty, or guarantee claims related to Goods, or grievances aimed at rectifying any individual infringement of rights or interests (consumer complaints under the Consumer Protection Act, or Fgytv.) due to acts, activities, or omissions directly related to the distribution and sale of Goods to consumers by the Seller or persons acting on behalf of or for the benefit of the Seller. Complaints can be submitted via the following channels:

  • In writing via the website: https://coccinellepilates.hu
  • In writing via email: info@coccinellepilates.hu
  • In writing by post: 1171 Budapest, Réti csík utca 22. fsz.5.

The Seller is required to handle statutory warranty, product warranty, or guarantee claims according to specific legal provisions rather than the consumer complaint management rules of the Consumer Protection Act (Fgytv.).

For complaints under the Fgytv. related to the behavior, activities, or omissions of the business or persons acting on behalf of or for its benefit concerning the distribution and sale of goods to consumers, except for statutory warranty, product warranty, or guarantee claims, the consumer may submit a complaint verbally or in writing to the business.

For oral complaints, the business is required to investigate and resolve them immediately as needed. If the consumer disagrees with the handling of the complaint, or if immediate investigation of the complaint is not possible, the business must promptly record the complaint and its response, providing a copy of this record to the consumer in person. For verbal complaints made via telephone or other electronic communication, the business must, within 30 days, provide the consumer with a substantive response in line with the written complaint response requirements. The procedure for handling written complaints is as follows.

For written complaints, unless an EU regulation states otherwise, the business must respond substantively and verifiably within 30 days of receipt and must take steps to inform the complainant of this response. If the complaint is rejected, the business must inform the consumer in writing of the appropriate authority or conciliation body they may approach, based on the nature of the complaint. The information must include the name, contact information, and address of the relevant authority or conciliation body in the consumer’s residence or place of stay, and whether the business has made a general submission to accept the decision of the Conciliation Body.

If consumer disputes between the Seller and the consumer are not resolved through negotiation, the following enforcement options are available to the consumer:

  1. Consumer Protection Procedure

Consumers can lodge complaints with consumer protection authorities. If a consumer identifies an infringement of their consumer rights, they may approach the consumer protection authority with jurisdiction over their place of residence. The authority decides whether to initiate a consumer protection procedure after reviewing the complaint. First-instance consumer protection tasks are performed by the metropolitan and county government offices according to the consumer’s place of residence, whose list can be found here: http://www.kormanyhivatalok.hu/

  1. Court Proceedings

Consumers are entitled to assert claims arising from consumer disputes in civil court proceedings under the provisions of the Civil Code (Act V of 2013) and the Code of Civil Procedure (Act CXXX of 2016).

  1. Conciliation Body Procedure

If a consumer complaint is rejected, the consumer may contact the Conciliation Body with jurisdiction over their residence or, as specified in the application, another designated Conciliation Body. The Conciliation Body procedure requires that the consumer first attempt to resolve the dispute directly with the business.

Unless the consumer requests a personal hearing, the Conciliation Body holds hearings online, using electronic means that simultaneously enable audio and video transmission (hereinafter: online hearing).

The business is required to cooperate in the Conciliation Body procedure. This includes the obligation to submit a response within the specified deadline upon request by the Conciliation Body. Except in cases governed by the 2013/524/EU Regulation on Online Dispute Resolution and amendments to Regulations 2006/2004/EC and Directive 2009/22/EC, the business must ensure the participation of a representative authorized to conclude a settlement. This representative must participate in the online hearing, if scheduled. If the consumer requests a personal hearing, the business’s representative authorized to conclude a settlement is required to participate online in at least this capacity.

Detailed Information about the Conciliation Boards

More information about the Conciliation Boards can be found here: https://www.bekeltetes.hu

Contact information for specific regional Conciliation Boards:

Budapest Conciliation Board
Head Office: Budapest
Jurisdiction: Budapest
Contact:
Address: 1016 Budapest, Krisztina krt. 99. I. em. 111
Mailing Address: 1253 Budapest, Pf. 10
Phone: +36 1 488 2131
Email: bekelteto.testulet@bkik.hu
Website: bekeltet.bkik.hu

Baranya County Conciliation Board
Head Office: Pécs
Jurisdiction: Baranya County, Somogy County, Tolna County
Contact:
Address: 7625 Pécs, Majorossy I. u. 36
Phone: +36 72 507 154
Email: info@baranyabekeltetes.hu
Website: baranyabekeltetes.hu

Borsod-Abaúj-Zemplén County Conciliation Board
Head Office: Miskolc
Jurisdiction: Borsod-Abaúj-Zemplén County, Heves County, Nógrád County
Contact:
Address: 3525 Miskolc, Szentpáli u. 1
Phone: +36 46 501 090
Email: bekeltetes@bokik.hu
Website: bekeltetes.borsodmegye.hu

Csongrád-Csanád County Conciliation Board
Head Office: Szeged
Jurisdiction: Békés County, Bács-Kiskun County, Csongrád-Csanád County
Contact:
Address: 6721 Szeged, Párizsi krt. 8-12
Phone: +36 62 554 250 / 118
Email: bekelteto.testulet@cskik.hu
Website: bekeltetes-csongrad.hu

Fejér County Conciliation Board
Head Office: Székesfehérvár
Jurisdiction: Fejér County, Komárom-Esztergom County, Veszprém County
Contact:
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6
Phone: +36 22 510 310
Email: bekeltetes@fmkik.hu
Website: www.bekeltetesfejer.hu

Győr-Moson-Sopron County Conciliation Board
Head Office: Győr
Jurisdiction: Győr-Moson-Sopron County, Vas County, Zala County
Contact:
Address: 9021 Győr, Szent István út 10/a
Phone: +36 96 520 217
Email: bekeltetotestulet@gymskik.hu
Website: bekeltetesgyor.hu

Hajdú-Bihar County Conciliation Board
Head Office: Debrecen
Jurisdiction: Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County
Contact:
Address: 4025 Debrecen, Vörösmarty u. 13-15
Phone: +36 52 500 710
Email: bekelteto@hbkik.hu
Website: hbmbekeltetes.hu

Pest County Conciliation Board
Head Office: Budapest
Jurisdiction: Pest County
Contact:
Address: 1055 Budapest, Balassi Bálint u. 25. IV/2
Phone: +36 1 792 7881
Email: pmbekelteto@pmkik.hu
Website: panaszrendezes.hu

Conciliation Board Proceedings for Non-Consumers

According to consumer protection law, a consumer, for the purpose of conciliation board proceedings, is an individual acting outside their independent occupation and business activity. This definition also includes civil organizations, church legal entities, condominium associations, and housing cooperatives purchasing, ordering, receiving, using goods or services, or being the addressees of commercial communications or offers related to goods.

The Conciliation Board is authorized to verify and examine consumer status. The rules stated under the Conciliation Board apply to the proceedings.

Online Dispute Resolution Platform

The European Commission has created an online platform where consumers can register to resolve disputes related to online purchases by filling out a complaint form, avoiding the need for court proceedings. This enables consumers to exercise their rights without obstacles such as geographical distance.

If you wish to file a complaint regarding a good or service purchased online and prefer not to go to court, you may use the online dispute resolution tool.

Through this portal, you and the trader you have a complaint against can mutually select the dispute resolution body to handle the complaint.

The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN

 

Copyright

Under Section 1 (1) of Act LXXVI of 1999 on Copyright (hereinafter referred to as the Copyright Act), this website qualifies as a copyrighted work, and thus every part of it is protected by copyright law. According to Section 16 (1) of the Copyright Act, the use of graphical and software solutions, computer programs on the website without permission, as well as any applications that modify the website or any part of it, is prohibited. Any materials from the website or its database may be used only with the written consent of the copyright holder and must include a reference to the website as the source. The copyright holder is Coccinelle Pilates Kft.

Partial Invalidity, Code of Conduct

If any provision of the General Terms and Conditions (GTC) is legally incomplete or invalid, this shall not affect the validity of the remaining provisions of the contract, and the applicable legal provisions shall replace the invalid or defective parts.

The Seller does not adhere to any code of conduct as defined by the law on the prohibition of unfair commercial practices against consumers.

Information on the Operation of Goods Containing Digital Elements and Applicable Technical Protection Measures

The servers hosting the data displayed on the website are available more than 99.9% of the time annually. Regular backups are made of the entire data content, allowing for the restoration of original data in the event of a problem. Data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data is stored with appropriate encryption strength, utilizing hardware support embedded in the processor for encryption.

Information on the Essential Characteristics of Goods

Information regarding the essential characteristics of goods available for purchase is provided in the descriptions accompanying each item on the website.

Correction of Data Entry Errors – Responsibility for the Accuracy of Provided Data

You have the opportunity to modify data entered during the order process continuously until finalizing the order (clicking the “back” button in the browser opens the previous page, allowing data corrections even if you have already proceeded to the next page). Please note that you are responsible for entering data accurately, as the Goods are invoiced and delivered based on the data you provide. Please also be aware that an incorrectly entered email address or a full mailbox may result in the failure to deliver the order confirmation, preventing the contract’s formation. If the Buyer finalizes the order and discovers an error in the provided data, the Buyer must initiate the correction of the order as soon as possible. The Buyer may inform the Seller of the need to correct an erroneous order by sending an email from the address provided at the time of ordering or by making a phone call.

 

Website Usage

Purchases do not require registration.

Selecting a Product: Customers have the option to choose and order from the available products in the store. By clicking on a selected product, the customer can view detailed information. If intending to purchase, the customer can place the desired item in a virtual shopping cart by clicking the “Add to Cart” button. By clicking on the “View Cart” button, customers can view the products added to the cart, along with the total invoice amount and the shipping cost. At this point, they can review their order for accuracy, with special attention to prices and quantities, which can be modified or corrected as needed. The cart automatically calculates the total amount for the order.

Submitting an Order: Once satisfied with the quantity of items in the cart and the total amount, and if the decision is made to purchase, the customer can simply click the “Checkout” button. Purchases can be made without registration, so the customer may choose from three options: log in as a registered customer, register as a new customer, or proceed without registration. If the customer has previously made a purchase, they should enter the email address and password used in the prior registration. New customers registering for the first time should provide the necessary information for purchase, which will be stored for quicker access on future purchases. For purchases without registration, customers should provide their billing and shipping addresses. In the next step, customers should choose a preferred shipping method, followed by selecting a payment method. If the order details are correct, the customer can confirm the order by clicking the “Place Order” button.

Finalizing the Order (Offer Submission)

If the customer is satisfied that the contents of the cart match the desired items and the information provided is correct, the order can be finalized by clicking the “Submit Order” button. The information displayed on the website does not constitute a binding offer from the Seller. In orders covered by these Terms and Conditions, the customer is considered the offeror.

By pressing the “Submit Order” button, the customer expressly acknowledges that their offer is considered submitted, and that—upon confirmation by the Seller per these Terms and Conditions—their statement will result in a payment obligation. The Seller is required to promptly confirm receipt of the order electronically. If this confirmation is not received within a reasonable timeframe based on the nature of the service, but no later than within 48 hours of the customer’s order submission, the customer is released from any obligation related to the offer or contract.

Order Processing and Contract Formation

Orders can be submitted at any time. The Seller will confirm the customer’s offer via email within 48 hours of submission. The contract is formed when the confirmation email from the Seller becomes accessible in the customer’s email system.

Procedure for Unaccepted Packages

If the customer does not accept the ordered and delivered goods, nor indicates intent to withdraw within the 14-day period as allowed by law, they breach the contract, which obligates them to accept the goods and thereby confirm the Seller’s fulfillment. In this case, the Seller will attempt to redeliver the goods if an arrangement can be made with the customer, but the Seller may require payment for the additional delivery cost. If redelivery is unsuccessful or cannot be coordinated due to the customer’s lack of cooperation, the Seller reserves the right to terminate the contract immediately due to breach and recover costs associated with the unsuccessful delivery and return as a penalty fee from the customer. The parties agree that the email address provided by the customer at the time of the order shall serve as the mode of communication for contract termination, with the termination deemed communicated once the email is accessible in the customer’s email inbox.

Payment Methods

Bank Transfer: You may complete your purchase by bank transfer.

Credit Card Payment: Our online store offers a fast and secure option for credit card payments.

Barion: The Barion Smart Gateway is a domestic-developed, bank-independent gateway for card and e-money payments, offering competitive rates and innovative features. It enables quick use after a one-minute registration process. As Barion stores card numbers in a secure system certified with PCI DSS, customers need only their registered email and password for stored card use. The Barion interface includes business-friendly options like reporting, export features, and monthly billing summaries, with real-time transaction tracking available via the mobile app. Barion users can pay with their mobile phones at a growing number of stores and venues, avoiding the need for cash or cards. The security of Barion transactions is ensured by the Hungarian National Bank (MNB License: H-EN-I-1064/2013), and Barion manages fraud prevention fairly and flexibly.

Fulfillment Period

The standard fulfillment period for orders is a maximum of 30 days from the order confirmation. If there is a delay, the Buyer may set an additional deadline. If the Seller does not fulfill the order within this period, the Buyer may cancel the contract. Any shipping method with a different fulfillment period will have this specified.

Right of Retention and Ownership Clause

If a Buyer has previously failed to accept an order (excluding instances where the right of withdrawal was exercised) or if an order was returned as “not claimed,” the Seller may require advance payment for both the purchase price and shipping costs before processing the new order. The Seller may withhold the item until confirming that payment has been successfully completed through electronic payment (including cases where payment by transfer was made in a currency requiring exchange or incurring additional fees). If the full amount has not been received, the Seller may request additional payment from the Buyer.

Sales Outside Hungary

The Seller does not differentiate between Buyers located in Hungary and those within the European Union for using the Website. Unless specified otherwise, the Seller guarantees delivery/collection within Hungary.

For customers outside Hungary, these Terms and Conditions apply, with the Buyer defined as any EU citizen, resident, or business that purchases goods or services solely for end-use. The primary language of communication and transactions is Hungarian, and the Seller is not obligated to communicate in the Buyer’s native language.

The Seller is not required to meet specific foreign requirements for goods, such as labeling or industry standards, nor to inform the Buyer of these requirements unless otherwise specified.

The Seller applies Hungarian VAT to all goods, and Buyers may exercise their rights under these Terms and Conditions.

For electronic payment, transactions will be processed in the Seller’s chosen currency. The Seller may retain the item until full payment, including shipping fees, is confirmed, especially if there are discrepancies due to exchange rates or fees. If payment is incomplete, the Seller may request the remaining amount from the Buyer.

The Seller provides the same options for receiving items to international Buyers as are available to Hungarian Buyers.

If permitted by these Terms, a Buyer may request delivery within Hungary or another EU member state or arrange collection from the Seller. Non-Hungarian Buyers may also request self-organized shipping to a foreign destination at their own expense, a right not available to Hungarian Buyers.

The Seller will fulfill the order after receiving the shipping fee. If the Buyer does not pay the fee or fails to arrange shipping by the agreed deadline, the Seller may terminate the contract and refund the pre-paid purchase price.

Consumer Information

Information on the Consumer’s Right of Withdrawal

According to Section 8:1, Paragraph 1, Point 3 of the Civil Code (Ptk.), a consumer is defined as a natural person acting outside their profession, independent occupation, or business activity. Legal entities are not entitled to the right of withdrawal without justification.

Under Government Decree 45/2014 (II. 26.), Section 20, the consumer is entitled to withdraw from the contract without providing a reason. The consumer may exercise the right of withdrawal:

  • For contracts involving the sale of goods:
    • For individual goods, the withdrawal period starts from the day the consumer, or a third party designated by the consumer (other than the carrier), receives the goods.
    • For multiple goods sold in separate deliveries, the withdrawal period starts from the day the consumer or a designated third party receives the last item.

The consumer may exercise this right within 14 calendar days. This provision does not affect the consumer’s right to exercise withdrawal between the date of the contract’s conclusion and the date of receipt of the goods.

If the consumer made an offer to conclude the contract, they have the right to withdraw their offer before the contract is concluded, thus ending the binding nature of the offer.

If the Seller has not informed the consumer about the conditions and deadlines for exercising the right of withdrawal (especially those outlined in Section 22 of the Government Decree), and the declaration form in Annex 2, the withdrawal period is extended by 12 months. If the Seller provides the required information within 12 months after the withdrawal period has expired, the deadline for withdrawal or cancellation will end 14 days from the communication of this information.

Withdrawal Declaration and Exercise of Right

The consumer may exercise the right of withdrawal as outlined in Section 20 of the Government Decree 45/2014 (II. 26.) by submitting a clear statement of withdrawal, or by using the withdrawal form available for download from the website.

Validity of the Withdrawal Declaration

The right of withdrawal is considered to have been exercised within the deadline if the consumer sends their declaration within the prescribed time. In the case of withdrawal or cancellation in writing, it is sufficient to send the declaration within the deadline.

The consumer is responsible for proving that they exercised the right of withdrawal in accordance with these provisions.

The Seller is required to confirm receipt of the consumer’s withdrawal declaration electronically upon its arrival.

Seller’s Obligations in Case of Consumer Withdrawal

Seller’s Refund Obligation

If the consumer withdraws from the contract according to Section 22 of Government Decree 45/2014 (II. 26.), the Seller must refund the full amount paid by the consumer, including costs related to the delivery, such as shipping fees, no later than fourteen days from the date the Seller becomes aware of the withdrawal. Please note that this provision does not apply to any additional costs incurred due to the consumer choosing a delivery method other than the least expensive standard shipping option.

Refund Method

In case of withdrawal or cancellation in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller will refund the amount due to the consumer using the same payment method that the consumer originally used. With the consumer’s explicit consent, the Seller may apply a different refund method, but no additional charges may be applied to the consumer as a result. The Seller will not be responsible for any delays due to incorrect or inaccurate bank account or postal address information provided by the consumer.

Additional Costs

If the consumer explicitly chooses a shipping method other than the least expensive standard shipping option, the Seller is not required to refund the additional shipping costs incurred. In this case, the refund obligation applies only up to the cost of the standard shipping method listed.

Right of Retention

The Seller may withhold the refund until the consumer has returned the goods or has provided clear proof that the goods have been sent back. The earlier of the two dates should be considered. The Seller will not accept shipments sent cash on delivery or with postal payment.

Consumer’s Obligations in Case of Withdrawal or Cancellation

Return of Goods

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), they are required to return the goods promptly, but no later than fourteen days from the communication of withdrawal, by either sending the goods back or handing them over to the Seller or a person authorized by the Seller to receive the goods. The return will be considered timely if the consumer sends the goods before the expiration of the return period.

Costs of Returning Goods

The consumer is responsible for the direct costs of returning the goods. The goods must be sent to the address provided by the Seller. If the Seller sells the goods at a physical store, and the consumer exercises the right of withdrawal in person at the store, they may return the goods to the business at that time. If the consumer cancels a contract for the provision of services concluded outside the business premises or at a distance after the commencement of performance, they are required to pay a fee corresponding to the services provided up to the cancellation. The amount to be paid by the consumer will be determined based on the full price agreed upon in the contract, including VAT. If the consumer can prove that the amount calculated in this way is excessively high, the proportional amount will be based on the market value of the services performed until the contract termination date. Please note that we cannot accept goods sent with cash on delivery or postal payment.

Responsibility for Deterioration of Goods

The consumer is responsible for any deterioration in the value of the goods resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

If, according to the relevant legislation, the right of withdrawal cannot be exercised, or can only be exercised under certain conditions, the consumer is not entitled to use the goods for testing purposes.

Consumer’s Responsibility for Deterioration of Goods

The consumer is responsible for any depreciation of the goods resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

If, according to the relevant legal provisions, the right of withdrawal cannot be exercised or can only be exercised under certain conditions, the consumer is not entitled to use the goods for trial purposes.

Cases Where the Right of Withdrawal Cannot Be Exercised

The Seller expressly draws your attention to the fact that you cannot exercise the right of withdrawal in the cases specified in Section 29 (1) of Government Decree 45/2014 (II. 26.), namely:

  • After the full performance of the service, however, if the contract creates a payment obligation for the consumer, this exception can only be invoked if the performance began with the consumer’s express prior consent and with the consumer’s acknowledgment that they lose the right of withdrawal as soon as the business has fully performed the contract.
  • For goods or services whose price or fee depends on fluctuations in the financial market that the business cannot control, even within the time frame for exercising the right of withdrawal.
  • For goods that are made to the consumer’s specification or clearly personalized, or are non-standard.
  • For perishable goods or those whose quality can quickly deteriorate.
  • For goods that are sealed for health or hygiene reasons and cannot be returned once the seal is broken after delivery.
  • For goods that, by their nature, become inseparably mixed with other items after delivery.
  • For alcoholic beverages, whose actual value depends on market fluctuations that the business cannot control, and whose price was agreed upon at the time of the sales contract, but the performance of the contract only occurs after the thirtieth day from the conclusion of the contract.
  • For contracts where the business, at the consumer’s express request, visits the consumer to carry out urgent repairs or maintenance.
  • For sales of audio or video recordings, or computer software if the seal was broken after delivery.
  • For subscriptions to newspapers, magazines, and periodicals, except in the case of subscription contracts.
  • For contracts concluded at public auctions.
  • For contracts related to accommodation, except for residential services, catering, or services related to leisure activities, where a specific date or deadline for performance was agreed upon in the contract.
  • For digital content provided on non-material media, if the Seller started performance with the consumer’s express prior consent, and the consumer simultaneously acknowledged that they lose the right of withdrawal once performance has begun, and the business has sent confirmation to the consumer.

Information on Product Warranty and Legal Warranty for Consumer Contracts

This section of the consumer information is prepared in accordance with Section 11 (5) of Government Decree 45/2014 (II. 26.), taking into account Annex 3 of the same decree.

The consumer information applies only to consumers as defined by the law. For rules applicable to non-consumers, separate chapters are provided.

Requirements for Proper Performance of the Contract in Consumer Contracts

The following conditions apply to the proper performance of the contract regarding goods sold under consumer contracts and goods containing digital elements:

The goods and the performance must comply with the requirements outlined in Government Decree 373/2021 (VI.30.) at the time of performance.

To qualify as proper performance, the goods subject to the contract must:

  1. Match the description, quantity, quality, type, and functionality specified in the contract, as well as have the features (compatibility, interoperability, etc.) defined in the contract.
  2. Be suitable for any purpose the consumer has made known to the Seller at the time of the contract, and that the Seller has accepted.
  3. Include all accessories, manuals, and other documents required by the contract, including installation instructions, user manuals, and customer support, if applicable.
  4. Provide the updates defined in the contract (for goods that involve updates, such as digital goods).

Furthermore, for the goods to be considered compliant:

  1. The goods must be suitable for the purposes that are generally required for goods of the same type by law, technical standards, or, in the absence of such standards, by an applicable conduct code.
  2. The goods must meet reasonable consumer expectations in terms of quantity, quality, performance, and other characteristics (especially functionality, compatibility, accessibility, continuity, and security), based on the Seller’s public statements about the goods (e.g., advertising or labeling).
  3. The goods must come with reasonably expected accessories and guides, including packaging and installation instructions.
  4. The goods must match the characteristics of any samples or models provided by the Seller before the contract.

The goods do not need to comply with public statements made by the Seller if the Seller can prove that:

  1. The Seller was unaware of the public statement and should not have been expected to know about it.
  2. The public statement was corrected before the contract was concluded.
  3. The public statement did not influence the consumer’s decision to enter into the contract.

Incorrect Performance of a Contract for the Sale of Goods

The Seller will be considered to have failed to properly perform the contract if the goods are defective due to improper installation, provided that:

  • a) The installation was part of the sales contract, and it was performed by the Seller, or under the Seller’s responsibility;
  • b) The installation was the consumer’s responsibility, and the defect arises from shortcomings in the installation instructions provided by the Seller (or, in the case of goods with digital elements, by the provider of the digital content or service).

If the contract requires the Seller to install the goods, or if the installation is done under the Seller’s responsibility, the performance is considered complete when the installation is finished.

For goods containing digital elements, if the contract involves a continuous provision of digital content or digital services for a specified period, the Seller is responsible for any defects in the digital content of the goods, provided that the defect appears within two years of the performance of the contract, or within two years of the defect becoming apparent.

Requirements for Proper Performance of a Contract in Consumer Contracts Involving Goods Containing Digital Elements

In the case of goods containing digital elements, the Seller must ensure that the consumer is notified of updates to the digital content or related digital services — including security updates — that are necessary to maintain the conformity of the goods with the contract. The Seller must also ensure that the consumer receives these updates.

The Seller must make updates available based on the following:

  1. Single-service digital content or digital services: The Seller must provide updates that are reasonably expected by the consumer, considering the type, purpose of the goods, and the specific circumstances of the contract.
  2. Continuous provision of digital content for a specified period: The Seller must provide updates for a continuous service duration of up to two years after the performance of the contract.

If the consumer does not install the updates within a reasonable time, the Seller is not liable for any defects that arise solely from the failure to apply the relevant update, provided that:

  • a) The Seller has informed the consumer about the availability of the updates and the consequences of failing to install them; and
  • b) The failure to install or improper installation of the update is not due to deficiencies in the installation instructions provided by the Seller.

No breach of contract can be established if, at the time of contract conclusion, the consumer was informed of a specific deviation from the digital goods’ characteristics, and the consumer explicitly accepted this deviation when entering into the contract.

Requirements for Proper Performance of a Contract in Consumer Contracts Involving Digital Content

The Seller must provide the digital content to the consumer. In the absence of any agreement to the contrary, the Seller must provide the digital content without undue delay after the conclusion of the contract, in the most up-to-date version available at the time of contract conclusion.

The service is considered complete when the digital content or any solution required for accessing or downloading it is delivered to the consumer or to a physical or virtual device chosen by the consumer.

The Seller must ensure that the consumer is notified of updates to the digital content — including security updates — that are necessary to maintain the digital content’s conformity with the contract and that the consumer receives these updates.

If the contract involves continuous provision of digital content over a specified period, the Seller must ensure the performance of the contract for the entire duration of the service.

If the consumer does not install the updates provided by the Seller within a reasonable time, the Seller is not liable for the service’s defects if they result solely from the failure to apply the relevant updates, provided that:

  • The Seller has informed the consumer about the update availability and the consequences of not installing it; and
  • The failure to install or improper installation of the update is not caused by deficiencies in the installation instructions provided by the Seller.

No breach of contract can be established if, at the time of contract conclusion, the consumer was informed of a specific deviation from the digital content’s characteristics, and the consumer explicitly accepted this deviation when entering into the contract.

Defective Performance by the Seller in the Provision of Digital Content or Services

The Seller is deemed to have performed defectively if the defect in the digital content arises from improper integration into the consumer’s digital environment, provided that:

  • a) The integration of the digital content was carried out by the Seller or under the Seller’s responsibility; or
  • b) The consumer was responsible for integrating the digital content, and improper integration was caused by deficiencies in the integration instructions provided by the Seller.

If the contract stipulates the continuous provision of digital content or services for a specified period, the Seller is responsible for any defects in the digital content if they arise or become apparent during the agreed-upon service period.

For contracts involving a single service or a series of individual service acts, it is presumed that if the consumer recognizes a defect within one year of the performance, it existed at the time of delivery, unless proven otherwise by the Seller.

The Seller is not liable for defective performance if the Seller proves that the consumer’s digital environment is not compatible with the technical requirements of the digital content or service, and the consumer was clearly and comprehensively informed of this incompatibility before the contract was concluded.

The consumer is required to cooperate with the Seller to allow the Seller to verify, using the least intrusive means, that the cause of the defect lies in the consumer’s digital environment. If the consumer fails to cooperate after being clearly informed about this obligation before the contract was concluded, the burden of proof shifts to the consumer. The consumer must prove that:

  • The defect recognized within one year of the performance existed at the time of delivery, or
  • The service, during the contractually specified service period, was not in conformity with the contract.

Warranty for Conformity

In what cases can you exercise your warranty rights?

In case of defective performance by the Seller, you may exercise your warranty claim against the Seller according to the provisions of the Civil Code and, in the case of a consumer contract, according to Government Decree 373/2021 (VI.30.).

What rights are you entitled to under your warranty claim?

You are entitled to the following warranty claims, depending on your choice:

  • You can request a repair or replacement, unless fulfilling the option you have chosen is impossible or would involve disproportionate additional costs for the Seller compared to fulfilling other requests. If you did not request or could not request a repair or replacement, you can request a proportional reduction in the price or – in the worst case – you can also withdraw from the contract.
  • You may switch to another warranty right, but the cost of the switch is your responsibility, unless it was justified or caused by the Seller.

In the case of a consumer contract, unless proven otherwise, it is presumed that a defect discovered within one year from the delivery of the goods and digital products existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect.

In the case of Used Goods, warranty and guarantee rights differ from the general rules. Even though there can be defective performance in the case of used goods, it is important to consider the circumstances that may have led the Buyer to expect certain defects. Due to wear and tear, some defects are increasingly likely, and it cannot be assumed that a used item will have the same quality as a new one. Based on this, the Buyer can only exercise their warranty rights for defects that go beyond those arising from the use of the item and are independent of the wear and tear. If the used item is defective, and the Buyer, considered a consumer, was informed of the defect at the time of purchase, the Seller is not liable for the known defect.

The Seller may refuse to bring the goods into conformity if the repair or replacement is impossible or would result in disproportionate additional costs for the Seller, considering all circumstances, including the value of the goods in perfect condition and the gravity of the breach of contract.

The consumer is also entitled, according to the gravity of the breach, to request a proportional reduction in the price or to terminate the sales contract if:

  • The Seller has not repaired or replaced the goods, or has done so but has partially or fully failed to meet the following conditions:
    • The Seller must, at their own expense, ensure the return of the replaced goods.
    • If the repair or replacement requires the removal of goods that have been installed in accordance with the nature and purpose of the goods – before the defect was discovered – the obligation for repair or replacement includes removing the defective goods and setting up or installing the replaced or repaired goods, or covering the costs of removal and installation.
  • The Seller refused to bring the goods into conformity.
  • A repeated performance defect has occurred despite the Seller’s attempts to bring the goods into conformity.
  • The performance defect is so severe that it justifies an immediate price reduction or the immediate termination of the sales contract, or
  • The Seller has not undertaken to bring the goods into conformity, or it is evident from the circumstances that the business will not do so within a reasonable period or without causing significant harm to the consumer’s interests.

If the consumer wishes to terminate the sales contract due to defective performance, the burden of proof lies with the Seller to show that the defect is insignificant.

The Consumer is entitled to retain the remaining purchase price – in whole or in part – in proportion to the severity of the breach, until the Seller fulfills their obligations related to performance conformity and defective performance.

The general rule is as follows:

  • The Seller must, at their own expense, ensure the return of the replaced goods.
  • If the repair or replacement requires the removal of goods that have been installed according to the goods’ nature and purpose before the defect was discovered, the obligation for repair or replacement includes removing the defective goods and setting up or installing the replaced or repaired goods or covering the costs of removal and installation.

The reasonable time allowed for the repair or replacement of the goods should be counted from the time the Consumer notified the business about the defect.

The Consumer must make the goods available to the business for the purposes of performing the repair or replacement.

A proportional price reduction occurs when the amount corresponds to the difference between the value of the goods as it would have been under proper performance and the actual value of the goods the Consumer received.

The Consumer’s right to terminate the sales contract through a warranty claim can be exercised by a statement addressed to the Seller expressing the decision to terminate.

If the defective performance affects only a specific part of the goods provided under the sales contract, and the conditions for exercising the right to terminate the contract are met for those, the Consumer may only terminate the contract regarding the defective goods. However, they may also terminate the contract for any other goods acquired with the defective items if it is unreasonable to expect the Consumer to keep only the goods conforming to the contract.

If the Consumer terminates the sales contract in its entirety or for part of the goods provided under the sales contract, then:

  • The Consumer must return the affected goods to the Seller at the Seller’s expense.
  • The Seller must immediately refund the purchase price paid for the affected goods to the Consumer as soon as the goods or proof of return have been received.

In what period can you assert your warranty claim?

You are obliged to report the defect immediately after discovering it. A defect reported within two months from its discovery is considered to have been reported without delay. However, please note that after two years from the performance of the contract, you can no longer assert your warranty rights.

The time for repair does not count toward the limitation period for the warranty, if the Buyer is unable to use the goods for their intended purpose during that period.

The limitation period for the warranty claim regarding the part of the goods affected by the repair or replacement restarts from the time of the repair. This rule also applies if a new defect occurs as a result of the repair.

If the contract between the consumer and the business concerns used goods, the parties may agree on a shorter limitation period; however, a limitation period shorter than one year cannot be validly agreed upon.

Against whom can you assert your warranty claim?

You can assert your warranty claim against the Seller.

What other conditions must be met for exercising your warranty rights?

Within one year from performance, there are no additional conditions for asserting your warranty claim beyond notifying the defect, provided you can prove that the goods were supplied by the Seller. After one year from the performance, however, you must prove that the defect existed at the time of delivery.

Product Warranty

Under what circumstances can you exercise your product warranty rights?

In the event of a defect in a movable item (Goods), you may, at your discretion, assert a warranty claim under the Civil Code either for a warranty of quality (merchantability) or a product warranty.

What rights do you have based on your product warranty claim?

Under product warranty, you may request the repair or replacement of the defective Goods.

When is the Goods considered defective?

The Goods are considered defective if they do not meet the quality requirements in effect at the time they were placed on the market, or if they lack the characteristics described by the manufacturer.

What is the time limit for asserting your product warranty claim?

You may assert your product warranty claim within two years of the Goods being placed on the market by the manufacturer. After this period, you lose this right.

Against whom can you assert your product warranty claim?

You can assert your product warranty rights against the manufacturer or distributor of the product (hereinafter collectively referred to as the “manufacturer”).

What is the burden of proof when asserting a product warranty claim?

When asserting a product warranty claim, you must prove that the defect in the product existed at the time the manufacturer placed the product on the market.

In what circumstances is the manufacturer exempt from product warranty obligations?

The manufacturer is exempt from product warranty obligations if they can prove that:

  • The Goods were not produced or placed on the market as part of their business activities, or
  • The defect could not have been detected at the time of placing the product on the market according to the state of science and technology, or
  • The defect in the Goods resulted from the application of a legal regulation or mandatory regulatory requirement.

The manufacturer only needs to prove one of these grounds to be exempt.

Important notice:

You may assert both a warranty claim against the seller for the same defect and a product warranty claim against the manufacturer simultaneously and in parallel. If your product warranty claim is successful, any warranty claims regarding the replaced product or the part of the product that has been repaired can only be asserted against the manufacturer.

Guarantee

Under what circumstances can you exercise your guarantee rights?

According to Government Decree 151/2003 (IX. 22.) on the mandatory guarantee for certain durable consumer goods, the Seller is obligated to provide a guarantee for the new durable consumer goods listed in Annex 1 of the Decree (e.g., electronics, tools, machinery), as well as accessories and components thereof as defined in the Decree.

Guarantee rights can be exercised with a guarantee certificate, and the return of the product’s opened packaging by the consumer cannot be a condition for exercising these rights. If the guarantee certificate is not provided to the consumer, the contract is still considered concluded if the consumer presents proof of payment, such as an invoice or receipt issued in accordance with the VAT law. In this case, guarantee rights can be exercised with proof of payment.

Additionally, the Seller may voluntarily provide a guarantee, in which case the consumer must be provided with a guarantee statement.

The guarantee statement must be provided on a durable medium and must be made available to the consumer no later than at the time of delivery of the Goods.

The guarantee statement must include:

  • A clear statement that, in the event of a defect in the Goods, the consumer is entitled to exercise their statutory warranty rights free of charge, and that these rights are unaffected by the guarantee.
  • The name and address of the party obligated under the guarantee.
  • The procedure the consumer must follow to exercise their guarantee rights.
  • The identification of the Goods covered by the guarantee.
  • The conditions of the guarantee.
  • The purchase price of the Goods.

What rights and time limits apply to you in case of mandatory guarantee?

Guarantee Rights

The consumer is entitled to request the repair or replacement of the Goods under the guarantee, and in cases provided by law, may request a price reduction or ultimately withdraw from the contract if the obligated party fails to repair or replace the Goods within the required period, or if the consumer’s interest in the repair or replacement no longer exists.

The consumer may submit a guarantee claim to the Seller at its headquarters, any branch or site, or the service provider indicated on the guarantee certificate.

Time Limit for Exercising Guarantee Rights

A guarantee claim can be exercised within the duration of the guarantee, which according to Government Decree 151/2003 (IX. 22.) is:

  • For goods with a sale price between HUF 10,000 and HUF 250,000, the guarantee period is two years.
  • For goods with a sale price above HUF 250,000, the guarantee period is three years.

Failure to exercise the guarantee claim within this period results in the loss of the right to claim, but the guarantee period is extended by the time the consumer could not use the product due to the defect after the product was handed in for repair.

The guarantee period begins at the time of delivery to the consumer, or if installation is carried out by the Seller or their agent, on the day of installation.

If the consumer has the product installed after six months from delivery, the guarantee period begins from the delivery date.

Rules for Handling Guarantee Claims

The Seller must endeavor to complete the repair within 15 days from receiving the product. The time for repair starts upon receipt of the product.

If the repair or replacement takes longer than 15 days, the Seller must inform the consumer of the expected duration.

If it is determined that the product cannot be repaired during the first repair under the guarantee, the Seller must replace the product within eight days unless the consumer specifies otherwise. If replacement is not possible, the Seller must refund the purchase price (as indicated on the guarantee certificate or a receipt of payment) to the consumer within eight days.

By accepting the terms and conditions, the consumer agrees that the information may also be provided electronically or in another manner suitable for confirming receipt.

If the Seller is unable to repair the consumer goods within 30 days:

  • If the Buyer has consented, the repair may be completed at a later date, or
  • If the Buyer does not consent to the later completion of the repair or has not made a statement regarding this, the consumer goods must be replaced within eight days after the thirty-day repair period has expired without success, or
  • If the Buyer does not consent to the later completion of the repair or has not made a statement regarding this, but replacing the consumer goods is not possible, the Seller is obligated to refund the purchase price indicated on the warranty card, or, in the absence of it, on the document presented by the consumer proving payment for the goods – the invoice or receipt issued under the law on value-added tax – within eight days after the thirty-day repair deadline has expired without success.

If the consumer goods malfunction for the 4th time – unless the consumer decides otherwise – the Seller is obligated to replace the goods within eight days. If replacement is not possible, the business is required to refund the purchase price indicated on the warranty card, or in the absence of it, on the document presented by the consumer proving payment for the goods – the invoice or receipt issued under the law on value-added tax – within eight days after the fourth malfunction.

For goods that fall under mandatory warranty, which are fixed installations or weigh more than 10 kg, or cannot be transported as hand luggage on public transport – excluding vehicles – the goods must be repaired at the location of operation. If the repair cannot be carried out at the location of operation, the business, or – in cases where the repair service is directly used to enforce the repair claim – the repair service is responsible for disassembling and reassembling, as well as transporting the goods to and from the location.

Exclusions from the warranty

The provisions outlined under the “Rules for handling warranty claims” do not apply to electric bicycles, electric scooters, quads, motorcycles, mopeds, cars, motorhomes, caravans, trailer caravans, trailers, or motorized watercraft.

For these goods, however, the Seller is still required to endeavor to fulfill the repair claim within 15 days.

If the duration of the repair or replacement exceeds 15 days, the Seller is obligated to inform the Buyer about the expected duration of the repair or replacement.

How does the warranty relate to other warranty rights?

The warranty applies alongside the statutory warranty rights (product and accessory warranty). The fundamental difference between the general warranty rights and the warranty is that in the case of a warranty, the burden of proof is more favorable to the consumer.

The Seller’s voluntary warranty undertaking during the mandatory warranty period may not include terms that are less favorable to the consumer than the rights guaranteed by the mandatory warranty rules. However, after this period, the terms of the voluntary warranty may be freely determined, but even in this case, the warranty may not affect the consumer’s statutory rights – including those based on the accessory warranty.

Exchange request within three working days

The right to request an exchange within three working days also applies in the case of sales through an online store. This exchange request can be made for new durable consumer goods, and if the exchange request is made within three working days, the Seller must interpret this as the product being defective at the time of sale, and must replace the product without any further conditions.

When is the Seller exempt from the warranty obligation?

The Seller is exempt from the warranty obligation only if they can prove that the defect arose after the performance (delivery).

Please note that you may simultaneously enforce both warranty and product liability claims, as well as accessory warranty and warranty claims for the same defect. However, if you have successfully enforced a claim based on defective performance (e.g., the business replaced the product), you cannot later claim the same defect on another legal basis.

Information on Product Liability and Warranty for Non-consumer Buyers

General rules on accessory warranty rights

A non-consumer Buyer – at their discretion – may exercise the following accessory warranty claims:

  • The Buyer may request a repair or replacement, except when fulfilling the chosen claim is impossible or would result in disproportionate additional costs for the Seller compared to fulfilling another claim. If the Buyer has not requested or cannot request a repair or replacement, they may demand a proportionate reduction in the price or the defect may be repaired at the Seller’s expense, or the Buyer may have it repaired by another party, or – as a last resort – may withdraw from the contract.
  • The Buyer may switch from one accessory warranty right to another, but the cost of the change will be borne by the Buyer, unless it was justified or caused by the Seller.

For used goods, the warranty and guarantee rights differ from the general rules. In the case of used goods, it is still possible to speak of defective performance, but the circumstances must be taken into account, which suggest that the Buyer could have expected certain defects. Due to wear and tear, certain defects become increasingly common, so it cannot be assumed that a used product will have the same quality as a new one. Accordingly, the Buyer may only exercise warranty rights for defects that go beyond those resulting from the used condition and are independent of it. If the used product is defective and the Buyer, who qualifies as a consumer, was informed of the defect at the time of purchase, the Service Provider is not liable for the known defect.

For non-consumer buyers, the deadline for enforcing accessory warranty rights is 1 year, starting from the day of performance (delivery).

Product Liability and Warranty

Product liability and the mandatory warranty apply only to buyers who qualify as consumers.

If the Seller offers voluntary warranty for a product, this will be explicitly indicated at the time of purchase.

If the manufacturer provides a manufacturer’s warranty that extends to non-consumer buyers, it can be enforced directly with the manufacturer.