Terms and Conditions
Terms of Service
GTC
GENERAL TERMS AND CONDITIONS (GTC)
www.moderngoddesscards.com - effective from: 2024-03-01
Preamble
Welcome to our website! Thank you for honoring us with your trust during your purchase!
This webshop GTC was created with the Consumer Friendly GTC generator.
If you have any questions about these General Terms and Conditions, the use of the website, individual products, the purchase process, or if you would like to discuss your individual needs with us, please contact our colleague at the contact details provided.
Imprint: data of the Service Provider (Seller, Enterprise)
Name: Modern Goddess Kft.
Headquarters: 1095 Budapest, Mester utca 48-52
Postal address: 1095 Budapest, Mester utca 48-52
Registration authority: North Budapest Tax and Customs Directorate of NAV
Registration number: 01-09-417267
Tax number: 32307674-2-43
Represented by: István Zágoni, Managing Director
Phone number: +36703846886
Email: tina@moderngoddess.hu
Website: http://www.moderngoddesscards.com
Bank account number: HU07-12010350-01911517-00100008
Hosting provider details
Name: Shopify
Registered office: 2nd Floor 1-2 Victoria Buildings Haddington Road Dublin 4, D04 XN32 Ireland
Availability: , info@shopify.com
Website: www.shopify.com
Concepts
Merchandise: those offered by the Website intended for sale on the Website:
- movable property, including water, gas and electricity put up in containers, bottles or otherwise in limited quantities or of a specified capacity, and
- movable property that incorporates or is inter-connected with 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 perform their functions ('goods with digital elements')
Goods with digital elements: movable property that incorporates or is inter-connected with 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 perform their functions
Parties: Seller and Buyer jointly
Consumer: a natural person acting outside his trade, self-employment or business
Consumer contract: a contract one of the parties to which qualifies as a consumer
Functionality: the ability of goods with digital elements, digital content or digital services to perform the functions for which they are intended
Manufacturer: the producer of the Goods or, in the case of imported Goods, the importer bringing the Goods into the territory of the European Union, and any person who presents himself as a manufacturer by indicating his name, trade mark or other distinguishing sign on the Goods
Interoperability: the ability of goods with digital elements, digital content or digital services to work with hardware and software other than those with which goods, digital content or digital services of the same type are normally used together
Compatibility: the ability of goods with digital elements, digital content or digital services to interoperate with hardware or software with which goods, digital content or digital services of the same type are normally used together, without the need for adaptation
Website: this website which serves to conclude the contract
Contract: Purchase contract concluded between the Seller and the Buyer using the Website and electronic mail
Durable medium: any instrument which enables a consumer or business to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored
Device enabling distance communication: a means capable of making a contractual statement in order to conclude a contract in the absence of the parties. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in press products with order forms, catalogues, telephones, facsimiles and Internet access devices
Distance contract: a consumer contract concluded within the framework of a distance sales scheme organised for the supply of the contracted goods or services without the simultaneous physical presence of the parties, using only means of distance communication for the conclusion of the contract
Enterprise: any person acting in the course of his trade, self-employment or business
Buyer/You: the person concluding the contract making a purchase offer through the Website
Warranty: In the case of contracts concluded between the consumer and the business (hereinafter: consumer contract), in accordance with the Civil Code,
- the guarantee for the performance of the contract, which the undertaking voluntarily undertakes for the proper performance of the contract, in addition to or in the absence of its legal obligation, and
- statutory statutory guarantee
Purchase price: consideration payable for the Goods and the supply of digital content.
Legislation
The Agreement shall be governed by the provisions of Hungarian law and shall in particular be governed by the following laws:
- Act CLV of 1997 on Consumer Protection
- Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services
- Act V of 2013 on the Civil Code
- Government Decree No. 151/2003 (IX.22.) on mandatory guarantees for durable consumer goods
- Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses
- 19/2014 (IV.29.) NGM Regulation on the procedural rules for handling warranty and guarantee claims for things 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 No 373/2021 of 30 June 2021 on the detailed rules of contracts between consumers and businesses for the sale of goods, the supply of digital content and digital services
Scope and acceptance of the GTC
The content of the contract concluded between us – in addition to the provisions of the relevant mandatory legislation – is determined by these General Terms and Conditions (hereinafter: GTC). Accordingly, these GTC contain the rights and obligations of you and us, the conditions for entering into the contract, the performance deadlines, the delivery and payment terms, the liability rules and the conditions for exercising the right of withdrawal.
The technical information required for the use of the Website that is not contained in these GTC is provided by other information available on the Website.
You are obliged to familiarize yourself with the provisions of these GTC before finalizing your order.
Language of the contract, form of the contract
The language of the contracts covered by these GTC is Hungarian.
The contracts covered by these GTC do not qualify as written contracts, they are not filed by the Seller.
E-invoice
Our company is governed by Section 175 of Act CXXVII of 2007. , you use electronic invoices. By accepting these GTC, you consent to the use of electronic invoices.
Prices
Prices are in HUF. The Seller is exempt from VAT in terms of sales, so the prices have no VAT content. Prices are indicative. The possibility cannot be excluded that the Seller may modify the prices for reasons of business policy. Price adjustments shall not extend to contracts already concluded. If the Seller has incorrectly indicated the price, it shall proceed in the case of contracts already concluded on the basis of the "Procedure incorrect price" clause of the GTC.
Procedure in case of incorrect price
Obviously erroneously displayed prices include:
- 0 HUF price,
- price reduced by a discount, but erroneously indicating the discount (e.g.: in case of 1000 HUF Goods, the Goods offered for 500 HUF with a 20% discount indicated).
If an incorrect price is indicated, the Seller offers the opportunity to purchase the Goods at a real price, with which information the Customer can decide whether to order the Goods at the real price or cancel the order without any adverse legal consequences.
Complaint handling and enforcement options
The consumer may submit consumer complaints regarding the Goods or the Seller's activities at the following contact details:
- Phone: +36703846886
- Internet address: http://www.moderngoddesscards.com
- Email: tina@moderngoddess.hu
The consumer may communicate to the business, orally or in writing, any complaint, concerning any conduct, act or omission of the business or of a person acting in its interest or on behalf of the business directly connected with the distribution or sale of goods to consumers.
The oral complaint shall be investigated immediately by the undertaking and, if necessary, remedied. If the consumer does not agree with the handling of the complaint or immediate investigation of the complaint is not possible, the business shall immediately draw up a record of the complaint and its position related to it, and hand over a copy thereof to the consumer on the spot in case of an oral complaint communicated in person. In the case of an oral complaint communicated by telephone or other electronic communications service, it shall be sent to the consumer within 30 days at the latest, in accordance with the rules governing the response to the written complaint, at the same time as the substantive reply. Otherwise, you must proceed to a written complaint as follows. Unless otherwise provided for in the directly applicable legal act of the European Union, the company shall respond to the written complaint in writing within thirty days of receipt and shall take action to communicate it. A shorter deadline may be laid down by law, a longer deadline may be established by law. The company must justify its position rejecting the complaint. Oral complaints communicated by telephone or using electronic communications services must be assigned a unique identification number by the company.
The record of the complaint shall contain:
- name and address of the consumer,
- place, time and method of lodging the complaint,
- a detailed description of the consumer's complaint, a list of documents, documents and other evidence presented by the consumer,
- a statement by the business about its position on the consumer's complaint, if immediate investigation of the complaint is possible,
- signature of the person drawing up the minutes and, with the exception of oral complaints communicated by telephone or other electronic communication services, of the consumer,
- place and time of recording the minutes,
- in the case of an oral complaint communicated by telephone or other electronic communications service, the unique identification number of the complaint.
The undertaking shall keep a record of the complaint and a copy of the reply for three years and present it to the inspection authorities at their request.
If the complaint is rejected, the business is obliged to inform the consumer in writing which authority or conciliation body he can initiate with his complaint, depending on its nature. The information shall also include the seat, telephone and internet contact details and mailing address of the competent authority or conciliation body of the consumer's place of residence or stay. The information should also include whether the business uses the conciliation body procedure to resolve the consumer dispute. If any consumer dispute between the Seller and the consumer is not resolved during the negotiations, the following legal remedies are open to the consumer:
Consumer protection procedure
Complaints can be lodged with consumer protection authorities. If the consumer notices a violation of his consumer rights, he has the right to lodge a complaint with the competent consumer protection authority of his place of residence. After assessing the complaint, the authority decides on the conduct of the consumer protection procedure. The tasks of the consumer protection first instance authority are performed by the metropolitan and county government offices competent for the consumer's place of residence, a list of which can be found here: http://www.kormanyhivatal.hu/
Judicial proceedings
The customer is entitled to enforce his/her claim arising from a consumer dispute in 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 may lodge a consumer complaint against us. If your consumer complaint is rejected, you are also entitled to turn to the Conciliation Body competent for your place of residence or stay: the condition for initiating the proceedings of the conciliation body is that the consumer attempts to settle the dispute directly with the business concerned. At the request of the consumer, the conciliation body indicated in the consumer's request shall be competent for the procedure instead of the competent body.
The undertaking is obliged to cooperate in the conciliation body procedure.
Within this framework, there is an obligation for undertakings to send a response to the call of the conciliation body, and an obligation to appear before the conciliation body is laid down as an obligation ("ensuring the participation of a person authorised to conclude a settlement at a hearing").
If the registered office or establishment of the business is not registered in the county of the chamber operating the territorially competent conciliation body, the undertaking's obligation to cooperate extends to offering the possibility of concluding a written settlement according to the consumer's request.
In case of violation of the above obligation of cooperation, the consumer protection authority has the competence, on the basis of which, as a result of the change in legislation, mandatory fines are imposed in case of unlawful conduct of businesses , and no fine can be waived. 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 will not be dispensed with in the case of small and medium-sized enterprises.
The amount of the fine may range from HUF 15,000 to HUF 500,000 in the case of small and medium-sized enterprises, while in the case of non-small and medium-sized enterprises subject to the Accounting Act with an annual net turnover exceeding HUF 100 million, it may range from HUF 15,000 to 5% of the company's annual net turnover, but not more than HUF 500 million. By introducing mandatory fines, the legislator aims to emphasise cooperation with conciliation bodies and to ensure the active participation of businesses in conciliation body proceedings.
The conciliation body is competent to settle consumer disputes out of court. The task of the conciliation body is to attempt to reach an agreement between the parties for the purpose of settling the consumer dispute, and in the event of failure to do so, it will decide on the case in order to ensure the simple, fast, effective and cost-effective enforcement of consumer rights. At the request of the consumer or the business, the conciliation body shall provide advice on the rights and obligations of the consumer.
The procedure of the conciliation body is initiated at the request of the consumer. The request must be submitted in writing to the chairman of the conciliation body: the written requirement may be fulfilled by letter, telegram, teletypewriter or fax, or by any other means enabling the addressee to permanently store the data addressed to him for a period of time adequate for the purpose of the data and to display the stored data in unchanged form and content. The application shall contain:
- the name, domicile or place of residence of the consumer,
- the name, registered office or relevant establishment of the business involved in the consumer dispute,
- if the consumer has requested competence instead of the competent conciliation body,
- a brief description of the consumer's position, the facts supporting it and the evidence thereof,
- a statement by the consumer that the consumer has attempted to resolve the dispute directly with the business concerned
- a statement by the consumer that no other conciliation body has initiated proceedings in the case, no mediation procedure has been initiated, no application has been filed or no application for an order for payment has been submitted,
- a motion for a decision of the panel,
- signature of the consumer.
The request must be accompanied by the document or a copy (extract) thereof, the content of which the consumer refers to as evidence, in particular a written statement by the business rejecting the complaint or, failing that, other written evidence available to the consumer about the attempted required consultation.
If the consumer acts through an agent, the application must be accompanied by the power of attorney.
More information about the Conciliation Bodies is available here: http://www.bekeltetes.hu
More information about the territorially competent Conciliation Bodies is available here:
https://bekeltetes.hu/index.php?id=testuletek
Contact details of each territorially competent Conciliation Body:
Baranya County Conciliation BoardAddress: 7625 Pécs, Majorossy I. u. 36.Postal address: 7625 Pécs, Majorossy I. u. 36Phone number: 06-72-507-154Mobile: +36 20 283-3422E-mail: info@baranyabekeltetes.hu |
Bács-Kiskun County Conciliation BoardAddress: 6000 Kecskemét, Árpád krt. 4. |
Conciliation Board of Békés CountyAddress: 5600 Békéscsaba, Penza ltp. 5.Phone number: 06-66-324-976Fax: 06-66-324-976E-mail: bekeltetes@bmkik.hu |
Borsod-Abaúj-Zemplén County Conciliation BoardAddress: 3525 Miskolc, Szentpáli u. 1. |
Budapest Conciliation BoardAddress: 1016 Budapest, Krisztina krt. 99. I. em. 111. |
Csongrád-Csanád County Conciliation BoardAddress: 6721 Szeged, Paris krt. 8-12. |
Conciliation Board of Fejér CountyAddress: 8000 Székesfehérvár, Hosszúwalktér 4-6. |
Conciliation Board of Győr-Moson-Sopron CountyAddress: 9021 Győr, Szent István út 10/a. |
Conciliation Board of Hajdú-Bihar CountyAddress: 4025 Debrecen, Vörösmarty u. 13-15. |
Conciliation Board of Heves CountyAddress: 3300 Eger, Hadnagy u. 6. fsz. 1.Postal |
Jász-Nagykun-Szolnok County Conciliation BoardAddress: 5000 Szolnok, Verseghy park 8. III. floor 303-304. |
Komárom-Esztergom County Conciliation BoardAddress: 2800 Tatabánya, Fő tér 36. |
Nógrád County Conciliation BoardAddress: 3100 Salgótarján, Mártírok út 4. |
Conciliation Board of Pest CountyAddress: 1055 Budapest, Balassi Bálint u. 25. IV/2. |
Somogy County Conciliation BoardAddress: 7400 Kaposvár, Anna u.6. |
Szabolcs-Szatmár-Bereg County Conciliation BoardAddress: 4400 Nyíregyháza, Széchenyi u. 2. |
Tolna County Conciliation BoardAddress: 7100 Szekszárd, Arany J. u. 23-25. III. floorPhone number: 06-74-411-661Fax: 06-74-411-456E-mail: kamara@tmkik.hu; t-tiv@tmkik.hu |
Vas County Conciliation BoardAddress: 9700 Szombathely, Honvéd tér 2. |
Veszprém County Conciliation BoardAddress: 8200 Veszprém, Radnóti tér 1. ground floor 115-116. |
Zala County Conciliation BoardAddress: 8900 Zalaegerszeg, Petőfi út 24. |
Online dispute resolution platform
The European Commission has set up a website where consumers can register, allowing them to resolve disputes related to online purchases by filling out an application and avoiding legal proceedings. In this way, consumers will be able to enforce their rights without, for example, being prevented from doing so by distance.
If you wish to make a complaint about a Good or Service purchased online and do not necessarily want to go to court, you may use online dispute resolution. On the portal, you and the trader you have complained about can jointly select the dispute resolution body you want to entrust with handling your complaint.
The ODR platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Copyright
Act LXXVI of 1999 on Copyright (hereinafter: Szjt.) Pursuant to Section 1 (1), the website qualifies as a copyright work, so all parts of it are protected by copyright. Pursuant to Section 16 (1) of the Szjt., it is forbidden to use graphic and software solutions and computer program creations on the website without permission, or to use any application with which the website or any part thereof can be modified. Any material may be taken over from the website and its database, even with the written consent of the copyright holder, only by referring to the website and indicating the source. Copyright holder: Bettina Zágoni – ModernGoddess Kft.
Consumer Friendly Reviews
We inform the Buyers that the Seller uses the Consumer Friendly rating system on its Website. The evaluation system does not allow the evaluation of individual Goods, but of the Seller (the webshop), in the evaluation system the following technical measures ensure that only actual buyers can submit a rating:
- the system works independently of the webshop using it in such a way that the rating WIDGET opens after the purchase and the submitted reviews are stored by Consumer Friend (JUTASA Kft.) in its own system.
- It is also only possible to submit an opinion if the actual customer can write a review by sending an e-mail to the e-mail address provided to the Consumer Friend after the purchase.
The webshop using the rating system has no technical possibility to delete either reviews or reviews.
As a result of the above, the system contains only ratings and reviews from real customers, and the system does not distinguish between positive and negative reviews, but displays them equally.
Severability, Code of Conduct
If any clause of the GTC is legally incomplete or ineffective, the remaining clauses of the contract shall remain valid and the provisions of the relevant legislation shall apply instead of the ineffective or erroneous part.
The Seller does not have a code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.
Information on the functioning of goods with digital elements and the technical protection measure to be applied
The availability of servers providing data displayed on the website is over 99.9% per annum. The entire data content is backed up regularly, so the original data content can be restored in case of problems. The data displayed on this website is stored in MSSQL and MySQL databases. Sensitive data is stored with sufficiently strong encryption and encoded using hardware support built into the processor.
Information on the main characteristics of the Goods
On the website, information on the essential characteristics of the Goods available for purchase is provided in the descriptions of each Goods.
Correction of data entry errors - Responsibility for the reality of the data entered
During the ordering process, you have the opportunity to continuously modify the data entered by you before finalizing the order (clicking on the back button in the browser opens the previous page, so you can correct the entered data even if you have already reached the next page). Please note that it is your responsibility to ensure that the data you provide is entered accurately, as the goods are invoiced and delivered on the basis of the data you provide. Please note that an incorrectly entered e-mail address or filling of the mailbox storage space may result in a lack of delivery of the confirmation and prevent the conclusion of the contract. If the Customer has finalized his order and discovers an error in the data provided, he must initiate the modification of his order as soon as possible. The Buyer may notify the Seller of the modification of the erroneous order by sending a letter from the e-mail address provided at the time of ordering or by phone call.
Use of the Website
Select Product
By clicking on the product categories on the website, you can select the desired product family, including individual products. By clicking on each product, you will find the photo, article number, description and price of the product. In case of purchase, you must pay the price indicated on the website.
Add to cart
After selecting the Product, you can click on the "Add to Cart" button to place any number of products in the basket without any obligation to purchase or pay, as placing them in the basket does not constitute an offer.
We recommend that you add the product to your cart even if you are not sure whether you want to buy the given product, because this will give you a one-click overview of the products you have selected at the moment, and you can view and compare them by displaying them on one screen. The contents of the Cart can be freely modified until the order is finalized – until the "Finalize order" button is pressed – products of your choice can be removed from the cart, new products can be added to the basket as desired, and the desired product number can be changed.
If you place the selected product in the 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 "Continue to cart" button. If you would like to view the selected product again or add another product to the cart, click on the "Back to product" button.
View Cart
When using the website, you can check the contents of the basket at any time by clicking on the "View cart" icon at the top of the website. Here you have the option to remove the selected products from the cart or change the number of products. After pressing the "Update cart" button, the system displays the information corresponding to the data you have changed, including the price of the products added to the cart. If you do not wish to select any further products and add them to the cart, you can continue the purchase by pressing the "Order" button.
Enter customer information
After pressing the "Order" button, the contents of the basket will be displayed, as well as the total purchase price payable by you in case of purchasing the products selected by you. In the box "Delivery service" you must tick whether you want to collect the ordered product personally (personal collection) or request delivery. In case of delivery, the system indicates the delivery fee, which you are obliged to pay in case of order.
You can enter your e-mail address in the "User data" text box, and your full name, address and phone number in the "Billing information" text box. In the "Shipping information" text box, the system automatically stores the information you entered in "Billing information". If you want to ship to a different address, please uncheck it. In the "Note" text box" you can optionally enter additional information.
Review your order
After filling in the above text boxes, you can continue the ordering process by clicking on the "Continue to next step" button, or by clicking on the "Cancel" button, you can delete/correct the data entered so far and return to the contents of the Cart. By clicking on the "Continue to Next Step" button, you will be taken to the "Review order" page. Here you can see a summary of the data you have previously provided, such as the contents of the Cart, user, billing and shipping data, and the amount you have to pay (you cannot change these data here unless you click on the "Back" button).
Finalize your order (bidding)
If you are satisfied that the contents of the basket correspond to the Goods you wish to order and your data are correct, you can close your order by clicking on the "Finalize order" button. The information provided on the website does not constitute an offer by the Seller to conclude a contract. For orders subject to these GTC, you are considered the bidder.
By pressing the "Finalize order" button, you expressly acknowledge that your offer shall be deemed to have been made and your statement – upon confirmation by the Seller in accordance with these GTC – will entail a payment obligation. 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 general terms and conditions, you are released from the obligation to make an offer.
Order processing, conclusion of the contract
You have the option to place an order at any time. The Seller will confirm your offer by e-mail no later than the working day following the sending of your offer. The contract is concluded when the confirmation email sent by the Seller becomes available to you in your email system.
Payment methods
Credit card payment
In our webshop you can pay quickly and securely by credit card.
Cash on delivery
If you want to pay the value of the order upon receipt of the package, please select the "Cash on delivery" payment method.
Stripe
In the webshop it is possible to pay with Stripe payment solution.
More information about Stripe in English is available here.
Pick-up methods, pick-up fees
GLS courier service
The product is delivered by GLS courier service.
For more information, see: https://gls-group.eu/HU/hu/cimzetteknek-nyujtott-szolgaltatasok
GLS courier service (for deliveries abroad)
The product is delivered by GLS courier service.
For more information, see: https://gls-group.eu/HU/hu/cimzetteknek-nyujtott-szolgaltatasok
Deadline for completion
The general delivery date for the order is maximum 8 days from the order confirmation. In the event of a delay by the Seller, the Buyer is entitled to set an additional deadline. If the Seller fails to perform within the additional period, the Buyer is entitled to withdraw from the contract.
Reservation of rights, title clause
If you have previously ordered the Goods without picking them up during delivery (except in cases where you have exercised your right of withdrawal) or if the Goods have not been returned to the Seller with a signal not sought, the Seller makes the execution of the order conditional on advance payment of the purchase price and shipping costs.
The Seller may withhold the delivery of the Goods until he 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, the Buyer transfers the purchase price in the currency of his Member State and the Seller does not receive the full amount of the purchase price and shipping fee due to conversion, 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
The Seller does not discriminate between Buyers within and outside the territory Hungary the use of the Website within the territory of the European Union. Unless otherwise specified in these GTC, the Seller ensures the delivery/receipt of the ordered Goods in the territory of the Hungary.
The provisions of these GTC shall also apply to purchases made outside Hungary, with the proviso that, based on the provisions of the relevant regulation, a consumer shall be considered a consumer within the meaning of this clause who is a citizen of a Member State or resident in a Member State, or a business established in a Member State and purchases goods or services within the European Union exclusively for end-use, or acts with such intent. 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 is primarily Hungarian, the Seller is not obliged to communicate with the Customer in the language of the Buyer's Member State.
The Seller is not obliged to comply with non-contractual requirements, such as labelling or sector-specific requirements, set out in the national law of the Member State of the Buyer in relation to the Goods concerned or to inform the Customer of these requirements.
Unless otherwise stated, the Seller applies Hungarian VAT to all Goods.
The Customer may exercise its rights in accordance with these GTC.
If an electronic payment solution is used, 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 shipping fee have been successfully and fully paid using the electronic payment solution (including in the case of Goods paid by bank transfer, the Buyer transfers the purchase price (shipping fee) in the currency of his Member State and the conversion and bank commissions, costs, the Seller does not receive the purchase price in full). 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 Hungarian Buyers with the transfer opportunities available to non-Hungarian Buyers.
If the Customer may request the delivery of the Goods to the territory of Hungary or to the territory of any other European Union Member State according to the GTC, the non-Hungarian Customer may also request this in any of the delivery methods specified in the GTC.
If the Customer chooses to pick up the Goods personally from the Seller in accordance with the GTC, the non-Hungarian Customer may also use this.
Otherwise, the Customer may request to arrange the delivery of the Goods abroad at his own expense. Hungarian Customers do not have this right.
The Seller fulfills the order after payment of the shipping fee, if the Buyer does not pay the shipping fee to the Seller or does not arrange his own delivery by the pre-agreed time, the Seller terminates the contract and repays the prepaid purchase price to the Buyer.
Consumer information
Information on the consumer's right of withdrawal
According to Section 8:1, paragraph 1, point 3 of the Civil Code, only natural persons acting outside their trade, independent profession or business activity qualify as consumers, so legal persons may not exercise the right of withdrawal without justification!
According to Section 20 of Government Decree 45/2014 (II.26.), the consumer has the right to withdraw without justification. The consumer has the right of withdrawal
(a) In the case of a contract for the sale of goods
, aa) the Goods,ab
) in the case of the sale of several Goods, if each Goods are supplied at a different time, to the last Goods supplied,
within a period of 14 days from the date of receipt by the consumer or a third party other than the carrier indicated by him.
The withdrawal period provided by Government Decree 45/2014 (II.26.) is 14 days, the additional withdrawal period undertaken by the Seller in these GTC is a voluntary undertaking in addition to what is prescribed by law.
The provisions of this section shall not affect the consumer's right of withdrawal specified in this section 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 covering the conclusion of the contract.
Statement of withdrawal, exercise of the consumer's right of withdrawal or termination
The consumer may exercise his right provided for in Section 20 of Government Decree 45/2014 (II.26.) by means of an unambiguous statement to this effect or by using a sample statement that can also be downloaded from the website.
Validity of the consumer's statement of withdrawal
The right of withdrawal shall be deemed to have been exercised within the time limit if the consumer sends his statement within the deadline. The deadline is 14 days.
In case of written withdrawal or termination, it is sufficient to send the statement of withdrawal or termination within 14 days.
The withdrawal period provided by Government Decree 45/2014 (II.26.) is 14 days, the additional withdrawal period undertaken by the Seller in these GTC is a voluntary undertaking in addition to what is prescribed by law.
The burden of proof shall be on the consumer to prove that he has exercised his right of withdrawal in accordance with this provision.
The Seller is obliged to confirm the consumer's statement of withdrawal on an electronic medium upon receipt.
Obligations of the Seller in case of withdrawal by the consumer
Seller's obligation to refund
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II.26.), the Seller shall refund the full amount paid by the consumer as consideration, including the costs incurred in connection with the performance, including the delivery fee, no later than fourteen days from the day on which he became aware of the withdrawal. Please note that this provision does not apply to additional costs caused by choosing a mode of transport other than the least costly standard mode of transport.
Method of the Seller's obligation to refund
In case of withdrawal or termination in accordance with Section 22 of Government Decree 45/2014 (II.26.), the Seller shall refund the amount due to the consumer in the same way as the payment method used by the consumer. With the express consent of the consumer, the Seller may use another payment method for the refund, but the consumer may not be charged any additional fees as a result. The Seller shall not be liable for delays due to the bank account number or postal address provided incorrectly and/or inaccurately by the Consumer.
Additional costs
If the consumer expressly chooses a mode of transport other than the least costly standard mode of transport, the Seller is not obliged to reimburse the resulting additional costs. In such a case, we are obliged to refund up to the indicated standard shipping rates.
Right of retention
The Seller may withhold the amount due to the consumer until the consumer has returned the Goods or has proved beyond doubt that they have been returned; the earlier of the two dates shall be taken into account. Cash on delivery or port shipments are not accepted.
Obligations of the consumer in case of withdrawal or termination
Return of the Goods
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II.26.), he is obliged to return the Goods immediately, but no later than fourteen days from the notification of the withdrawal, or hand them over to the Seller or to a person authorized by the Seller to receive the Goods. The return shall be deemed to have been completed within the deadline if the consumer sends the Goods before the deadline.
Bearing the direct costs associated with 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 the off-premises or distance contract for the provision of services after the commencement of performance, he shall pay the business a fee proportionate to the service provided up to the time of notification of the termination to the business. The proportionate amount to be paid by the consumer shall be determined on the basis of the total consideration agreed in the contract plus tax. Where the consumer proves that the total amount thus determined is excessive, the proportionate amount should 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 cannot accept Goods returned by cash on delivery or in port.
Consumer liability for depreciation
The consumer shall be liable for depreciation resulting from use in excess of that necessary to establish the nature, characteristics and functioning of the Goods.
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 accordance with Section 29 of Government Decree 45/2014 (II.26). In the cases provided for in paragraph 1:
- after full performance of the service, but if the contract creates a payment obligation for the consumer, this exception case may only be invoked if performance has begun with the consumer's express prior consent and the consumer's acknowledgement that he will lose his right of withdrawal once the business has fully performed the contract;
- in respect of a Good or Service the price or fee of which cannot be influenced by the financial market, depends on fluctuations which may occur during the period specified for exercising the right of withdrawal;
- non-prefabricated Goods that have been produced on the consumer's instructions or at the express request of the consumer or in the case of Goods that are clearly personalised to the consumer;
- in respect of perishable or short-lived goods;
- in respect of sealed Goods which, for health or hygiene reasons, cannot be returned after they have been opened after delivery;
- in respect of Goods which, by their nature, are inseparably mingled with other Goods after delivery;
- alcoholic beverages the actual value of which depends on market fluctuations beyond the control of the undertaking and the price of which was agreed between the parties at the time of conclusion of the contract of sale, but performance of the contract does not take place until thirty days after its conclusion;
- in the case of a business contract where the business visits the consumer at the express request of the consumer to carry out urgent repair or maintenance work;
- in respect of the sale and purchase of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery;
- newspapers, periodicals and periodicals, with the exception of subscription contracts;
- contracts concluded by public auction;
- in the case of contracts for accommodation, transport, car rental, catering or leisure services other than residential services, where a date or time limit for performance specified in the contract has been stipulated;
- in respect of digital content not supplied on a tangible medium, if the Seller has commenced performance with the express prior consent of the consumer and the consumer has simultaneously declared his acknowledgement that he will lose his right of withdrawal after the commencement of performance and the business has sent a confirmation to the consumer.
Information on product warranty and implied warranty for consumer contracts relating to the guarantee of conformity of goods
This section of the consumer information has been prepared taking into account Annex 3 to Government Decree 45/2014 (II.26.) on the basis of the authorization of Section 9 (3) of Government Decree 45/2014 (II.26.)
The Consumer Information applies only to Buyers who qualify as consumers, the rules for customers who are not consumers are set out in a separate chapter.
Requirements for conformity in the case of a consumer contract
Requirements for conformity with the contract for goods generally sold under a consumer contract and containing a digital element
The Goods and performance must comply with the requirements of Government Decree 373/2021 (VI.30.) at the time of performance.
In order for performance to be considered in conformity with the contract for the Goods that are the subject of the contract
- comply with the description, quantity, quality, type and have the functionality, compatibility, interoperability and other characteristics specified in the contract
- be suitable for any purpose for which the consumer is intended, which the consumer made known to the Seller at the latest at the time of conclusion of the contract and which the Seller has accepted
- have all accessories specified in the contract, instructions for use, including installation instructions, installation instructions and customer support, and
- provide the updates specified in the contract.
In order for performance to be considered in conformity with the contract, as well as the Goods subject to the contract
- be suitable for the purposes prescribed for the same type of Goods by law, technical standard or technical standard in the absence of a law, technical standard or technical standard
- possess the quantity, quality, performance and other characteristics, in particular functionality, compatibility, accessibility, continuity and safety, which the Consumer can reasonably expect to have for the same type of Goods, taking into account any public statement, in particular in advertising or labelling, made by the Seller, his representative or any other person in the supply chain about the specific characteristics of the Goods
- have accessories and instructions that the consumer can reasonably expect, including packaging and instructions for installation, and
- comply with the characteristics and descriptions of the Goods presented by the company as samples, models or trial versions prior to the conclusion of the contract.
The Goods need not comply with the above public statement if the Seller proves that
- He did not know, and should not know, the public statement
- the public statement has already been duly corrected by the time the contract is concluded, or
- The public statement could not have influenced the rightholder's decision to enter into a contract.
Requirements for conformity with the contract in the case of the sale and purchase of goods sold under a consumer contract
The Seller shall perform defectively if the defect of the goods results from improper installation, provided that:
- a) the installation forms part of the sales contract and was carried out by the Seller or under the responsibility of the Seller; or
(b) the installation had to be carried out by the consumer and the incorrect installation is due to shortcomings in the installation instructions provided by the Seller or, in the case of goods with digital elements, by the supplier of the digital content or digital service.
If, according to the contract of sale, the goods are installed by the Seller or commissioning takes place under the responsibility of the Seller, the performance shall be deemed to have been completed by the Seller when the installation is completed.
Where, in the case of goods with digital elements, the sales contract provides for the continuous supply of the digital content or digital service over a period of time, the Seller shall be liable for any lack of conformity of the goods in relation to the digital content if the lack of conformity is within two years of the performance of the goods in the case of continuous supply for a period not exceeding two years; either occurs or becomes recognizable.
Requirements for conformity with the contract for goods with digital elements sold under a consumer contract
In the case of goods with digital elements, the Seller shall ensure that the consumer is notified of updates, including security updates, of the digital content of the goods or of the related digital service that are necessary to maintain the conformity of the goods with the contract and shall ensure that the consumer receives them.
To make the update available to the Seller if the purchase contract
- provides for a single supply of the digital content or digital service, the type and purpose of the goods and digital elements and the specific circumstances and nature of the contract can reasonably be expected by the consumer; or
- where the digital content is supplied continuously over a period of time, it should supply the digital content for a period not exceeding two years for a period of continuous supply, for a period of two years from the date of supply of the goods.
If the consumer does not install the updates provided within a reasonable period of time, the Seller shall not be liable for any lack of conformity of the goods resulting solely from 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 consumer's failure to install the update or incorrect installation of the update by the consumer is not due to a lack of installation instructions provided by the Seller.
No lack of conformity shall be established if, at the time of conclusion of the contract, the consumer was specifically informed that a specific characteristic of the goods differs from those described herein and the consumer expressly accepted this deviation separately and at the time of conclusion of the sales contract.
Warranty for defects
In what cases can you exercise your warranty right?
In the event of defective performance by the Seller, you may enforce a warranty claim against the Seller in accordance with the rules of the Civil Code and, in the case of a consumer contract, Government Decree 373/2021 (VI.30).
What rights do you have based on your warranty claim?
You may, at your option, make the following warranty claims:
You may request repair or replacement, unless the fulfilment of your chosen claim is impossible or would entail disproportionate additional costs for the Seller compared to the fulfillment of your other claim. If repair or replacement has not been requested or could not be requested, you may request a proportionate reduction of the consideration or, as a last resort, withdraw from the contract.
You may also switch from your chosen warranty right to another, but you will bear the cost of the transition, unless it was justified or caused by the Seller.
In the case of a consumer contract, it should be presumed, unless proven otherwise, that a lack of conformity recognised within one year of the date of performance of the goods and goods with digital elements already existed at the time of performance of the goods, unless such presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
In the case of used Goods, warranty and guarantee rights are normally developed differently from the general rules. In the case of used Goods, we can also talk about defective performance, however, the circumstances under which the Customer could have expected certain defects to occur must be taken into account. As a result of obsolescence, certain defects are becoming more frequent, as a result of which it cannot be assumed that a second-hand Good can have the same quality as a newly purchased one. Based on this, the Customer may enforce its warranty rights only in respect of defects that are in addition to and independently of the defects resulting from use. If the used Goods are defective and the Customer qualifying as a Consumer was informed about this at the time of purchase, the Service Provider 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 if this would result in disproportionate additional costs for the Seller, taking into account all circumstances, including the value of the Goods in a non-conformable condition and the gravity of the breach.
The consumer shall also be entitled, according to the gravity of the breach of contract, to demand a proportionate reduction of the consideration or to terminate the sales contract if:
- the Seller has not carried out repair or replacement, or has carried it out, but has not fulfilled all or part of the following conditions
- the Seller shall ensure the return of the replaced goods at its own expense
- Where repair or replacement necessitates the removal of goods which, in accordance with the nature and purpose of the goods, were put into service before the lack of conformity became apparent, the obligation to repair or replace them shall include the removal of the non-conforming goods and the putting into service of the replacement or repaired goods or bearing the costs of removal or installation.
- refused to bring the goods into conformity with the contract
- repeated defects of performance have arisen, despite attempts by the Seller to bring the goods into conformity with the contract
- the lack of conformity is of such gravity as to justify an immediate reduction in the price or immediate termination of the sales contract, or
- the Seller has not undertaken to bring the goods into conformity, or it is clear from the circumstances that the business will not bring the goods into conformity within a reasonable time or without significant harm to the consumer.
If the consumer wishes to terminate the sales contract on the grounds of lack of conformity, the Seller shall bear the burden of proving that the lack of conformity is minor.
The Consumer is entitled to withhold the remaining part of the purchase price in whole or in part, according to the gravity of the breach of contract, until the Seller fulfils its obligations related to the conformity of performance with the contract and defective performance.
As a general rule, it is to:
- the Seller shall ensure the return of the replaced goods at its own expense
- Where repair or replacement necessitates the removal of goods which, in accordance with the nature and purpose of the goods, were put into service before the lack of conformity became apparent, the obligation to repair or replace them shall include the removal of the non-conforming goods and the putting into service of the replacement or repaired goods or bearing the costs of removal or installation.
The reasonable period for completing the repair or replacement of the goods shall be calculated from the time when the Consumer communicates the lack of conformity to the business.
The consumer should make the goods available to the business in order to complete the repair or replacement.
The reduction of the consideration is proportionate if its amount is equal to the difference between the value of the goods due to the Consumer in case of conformity with the contract and the value actually received by the Consumer.
The Consumer's warranty right for the termination of the purchase contract may be exercised by means of a legal statement addressed to the Seller expressing the decision to terminate.
If the lack of conformity affects only a certain part of the goods supplied under the sales contract and the conditions for exercising the right to terminate the contract are met in respect of them, the Consumer may terminate the sales contract only in respect of the defective goods, but may also terminate it in respect of any other goods acquired together with them, if the Consumer cannot reasonably be expected to keep only the goods in conformity with the contract.
If the Consumer terminates the sales contract in its entirety or in respect of a part of the goods supplied under the sales contract,
- the Consumer must return the goods concerned to the Seller at the expense of the Seller, and
- the Seller shall refund to the Consumer the purchase price paid for the goods concerned as soon as he has received the goods or the proof of return of the goods.
What is the deadline for enforcing your warranty claim?
You are obliged to report the defect immediately after discovering it. Any defect communicated within two months of discovery of the defect shall be deemed to have been communicated without delay. At the same time, please note that you may no longer enforce your warranty rights beyond the two-year limitation period from the performance of the contract.
The limitation period does not include the part of the repair period during which the Customer cannot use the Goods as intended.
For the part of the Goods affected by the replacement or repair, the limitation period of the warranty claim for defects begins anew. This rule shall also apply if a new defect arises as a result of the correction.
If the subject matter 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, too, a limitation period of less than one year may not validly be stipulated.
Who can you enforce your warranty claim against?
You may enforce your warranty claim against the Seller.
What other conditions are there for enforcing your warranty rights?
Within one year of performance, there are no other conditions for enforcing your warranty claim other than the notification of the defect, if you prove that the Goods were provided by the Seller. However, after one year from the date of performance, you are obliged to prove that the defect recognized by you already existed at the time of performance.
Product warranty
In what cases can you exercise your product warranty right?
In the event of a defect in movable property (Goods), you may, at your choice, enforce a warranty claim or a product warranty claim.
What rights do you have based on your product warranty claim?
As a product warranty claim, you may only request the repair or replacement of defective Goods.
In what cases is the Goods considered defective?
The goods are defective if they do not meet the quality requirements in force at the time of placing on the market or if they do not have the characteristics specified by the manufacturer.
What is the deadline for enforcing your product warranty claim?
You may enforce your product warranty claim within two years of the placing of the Goods on the market by the manufacturer. Upon expiry of this period, he shall lose this entitlement.
Against whom and under what other conditions can you enforce your product warranty claim?
You can only exercise your product warranty claim against the manufacturer or distributor of the movable property. You must prove the defect of the Goods in the event of a product warranty claim.
In what cases is the manufacturer (distributor) exempted from its product warranty obligation?
The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:
- the Goods were not manufactured or marketed in the course of their business, or
- the defect was not recognizable according to the state of scientific and technical knowledge at the time of placing on the market, or
- the defect of the Goods results from the application of legislation or mandatory official regulations.
It is sufficient for the manufacturer (distributor) to prove one reason for exemption.
Please note that due to the same defect, you cannot enforce a warranty claim and a product warranty claim at the same time, in parallel. However, if your product warranty claim is successfully enforced, you may enforce your warranty claim against the manufacturer for the replaced Goods or repaired part.
Warranty
In what cases can you exercise your warranty right?
Pursuant to Government Decree 151/2003 (IX.22.) on the mandatory warranty for certain durable consumer goods, the Seller is obliged to provide a warranty for the sale of new durable consumer goods (e.g. technical goods, tools, machines) listed in Annex 1 of the Regulation, as well as their accessories and components (hereinafter referred to as consumption items together in this section).
In addition, the Seller may provide a warranty voluntarily, in which case it must provide a warranty statement to the buyer qualifying as a Consumer.
The warranty statement shall be made available to the Consumer on a durable medium at the latest at the time of performance of the goods.
The guarantee statement shall indicate:
- a clear statement that in the event of defective performance of the goods, the Consumer is entitled to exercise the statutory warranty rights free of charge, these rights are not affected by the warranty
- the name and address of the guarantor
- the procedure to be followed by the Consumer in order to enforce the guarantee
- an indication of the goods covered by the guarantee, and
- the terms of the warranty.
What rights do you have and within what period of time in the event of a mandatory warranty?
Warranty rights
Based on its warranty right, the Customer may claim repair or replacement, request a price reduction in cases provided for by law, or ultimately withdraw from the contract if the debtor has not undertaken repair or replacement, is unable to fulfil this obligation within a reasonable period, to the detriment of the interests of the rightholder, or if the interest of the claimant in repair or replacement has ceased.
The Customer may, at his option, enforce his claim for repair directly at the Seller's registered office, at any of its premises, branches and at the repair service indicated by the Seller on the warranty card.
Validation deadline
The warranty claim can be enforced during the warranty period, the warranty period according to Government Decree 151/2003 (IX.22.):
- one year in case of a sales price reaching HUF 10 000 but not exceeding HUF 100 000,
- two years in case of a sales price exceeding HUF 100 000 but not exceeding HUF 250 000,
- Above the sales price of HUF 250,000 is three years.
Failure to comply with these deadlines will result in loss of rights, however, in the case of repair of 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 when the consumer goods are handed over to the Customer or, if commissioning is carried out by the Seller or its agent, starts on the day of commissioning.
If the Customer puts the consumer goods into operation more than six months after delivery, the starting date of the warranty period is the day of delivery of the consumer goods.
Rules related to the handling of warranty claims
When dealing with the repair, the Seller shall endeavour to complete the repair within 15 days. The deadline for repair starts to run when the consumer goods are received.
If the duration of repair or replacement exceeds fifteen days, the Seller shall inform the Customer of the expected duration of repair or replacement.
If, during the warranty period, during the first repair of the consumer goods, the Seller determines that the consumer goods cannot be repaired, the Seller is obliged to replace the consumer goods within eight days, unless otherwise specified by the Buyer. If it is not possible to replace the consumer goods, the Seller is obliged to refund the purchase price presented by the consumer on the proof of payment of the consumer goods - on the invoice or receipt issued pursuant to the Value Added Tax Act - to the buyer within eight days.
By accepting the GTC, the Customer consents to the provision of information electronically or by any other means suitable for confirming receipt by the Customer.
If the Seller is unable to repair the consumer goods within 30 days:
- if the Customer has consented to this, the correction can be completed for him in a later deadline, or
- if the Customer does not consent to the subsequent performance of the repair or has not made a statement in this regard, the consumer goods must be replaced within eight days of the unsuccessful expiry of the thirty-day period, or
- if the Customer does not consent to the subsequent performance of the repair or has not made a statement in this regard, but it is not possible to replace the consumer goods either, the selling price indicated on the invoice or receipt of the consumer goods shall be refunded to him within eight days of the unsuccessful expiry of the thirty-day period.
If the consumer goods fail for the 4th time, the Customer is entitled to:
- contact the Seller for repair, or
- request a proportionate reduction of the purchase price from the Seller pursuant to Section 6:159 (2) (b) of Act V of 2013 on the Civil Code instead of a repair claim, or
- instead of a request for repair, pursuant to Section 6:159 (2) (b) of Act V of 2013 on the Civil Code, repair the consumer goods at the expense of the Seller or have them repaired by someone else, or
- if the Customer does not exercise these rights (repair, price reduction and repair at the expense of the Seller) or has not made a statement about them, the consumer product must be replaced within 8 days, if it is not possible to replace the consumer goods, the selling price indicated on the invoice or receipt of the consumer goods must be refunded to him within eight days.
Consumer goods with fixed connections or weighing more than 10 kg or that cannot be transported as hand luggage in public transport under a mandatory warranty under Government Decree 151/2003 shall be repaired at the place of operation, except for vehicles. If the repair cannot be carried out at the place of operation, the company or, in the case of a request for repair directly enforced by the repair service, by the repair service shall take care of the removal, installation and transport back to the company.
Exceptions to warranty
The provisions under "Rules relating to the handling of warranty claims" do not apply to electric bicycles, electric scooters, quadras, motorcycles, mopeds, passenger cars, motorhomes, caravans, caravans with trailers, trailers or personal watercraft.
However, even in the case of these Goods, the Seller is obliged to make an effort to fulfill the repair request within 15 days.
If the duration of repair or replacement exceeds fifteen days, the Seller shall inform the Customer of the expected duration of repair or replacement.
What is the relationship of the warranty with other warranty rights?
The guarantee applies in addition to the warranty rights (product and implied warranty), the fundamental difference between general warranty rights and the guarantee is that in the case of a guarantee, the burden of proof is more favourable for the consumer.
The Seller's voluntary guarantee during the period of the mandatory guarantee shall not contain conditions for the consumer that are more disadvantageous than those provided for in the rules of the mandatory guarantee. Subsequently, however, the conditions of the voluntary guarantee can be freely established, but in this case the warranty may not affect the existence of the consumer's rights arising from the law, including those based on the implied warranty.
Request a replacement within three business days
In the case of sales through the webshop, the institution of exchange requests within three working days also applies. A replacement request within three working days can be enforced in the case of new durable consumer goods under Government Decree 151/2003 (IX.22.), according to which, if someone validates the institution of the replacement request 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 the Goods without further ado.
When is the Seller released from its warranty obligation?
The Seller is only released from its warranty obligation if it proves that the cause of the defect arose after performance.
Please note that you cannot enforce a warranty and guarantee claim or a product warranty and guarantee claim at the same time, in parallel, due to the same defect, but otherwise you are entitled to the rights arising from the warranty regardless of the warranty entitlements.
Information on product warranty and implied warranty for the guarantee of conformity of the goods in the case of Customers who are not consumers
General rules on warranty rights
The Buyer who is not a consumer may, at his option, make the following warranty claims:
You may request repair or replacement, unless the fulfilment of your chosen claim is impossible or would entail disproportionate additional costs for the Seller compared to the fulfillment of your other claim. If repair or replacement has not been requested or could not be requested, the Buyer may request a proportionate reduction of the consideration or the defect may be repaired or repaired by someone else at the expense of the Seller or, as a last resort, may withdraw from the contract.
You may also switch from your chosen warranty right to another, but you will bear the cost of the transition, unless it was justified or caused by the Seller.
In the case of used Goods, warranty and guarantee rights are normally developed differently from the general rules. In the case of used Goods, we can also talk about defective performance, however, the circumstances under which the Customer could have expected certain defects to occur must be taken into account. As a result of obsolescence, certain defects are becoming more frequent, as a result of which it cannot be assumed that a second-hand Good can have the same quality as a newly purchased one. Based on this, the Customer may enforce its warranty rights only in respect of defects that are in addition to and independently of the defects resulting from use. If the used Goods are defective and the Customer qualifying as a Consumer was informed about this at the time of purchase, the Service Provider shall not be liable for the known defect.
In the case of customers who are not consumers, the deadline for enforcing the warranty right is 1 year, which starts on the day of performance (delivery).
Product Warranty and Warranty
The product warranty and the mandatory warranty are only available to the customer who qualifies as a consumer.
If the Seller voluntarily provides a guarantee for the given Goods, this will be indicated separately during the purchase of the Goods.
If the manufacturer provides a manufacturer's warranty for the Goods that also covers non-consumer customers, it can be enforced directly from the manufacturer.