GENERAL TERMS AND CONDITIONS (GTC)
– effective from: 1 June 2026
Legal notice: details of the Service Provider (Seller, Business)
Name: Szerencsés Krisztina
Registered office: 6971 Szeged, Fölszél utca 26/1/A
Postal address: 6971 Szeged, Fölszél utca 26/1/A
Registering authority: Nemzeti Adó-és Vámhivatal (Hungarian National Tax and Customs Administration)
Registration number: 58929755
Tax number: 49161481-1-26
Representative: Szerencsés Krisztina
Telephone number: +3630/6651155
E-mail: info@tinasdesign.hu
Website: www.tinasdesign.hu
Bank account number: 11773353-00774707
Details of the Hosting Provider
Name: Nethely Kft.
Registered office: 1115 Budapest, Halmi utca 29.
Contact: info@nethely.hu
Website: https://nethely.hu/
Definitions
Goods: any movable item featured in the offering of the Website and intended for sale on the Website, including Goods with digital elements
Goods with digital elements: a movable item that incorporates, or is interconnected with, digital content or a digital service in such a way that the Goods would be unable to perform their functions without that digital content or digital service
Digital content: data produced and supplied in digital form
Parties: the Seller and the Buyer together
Consumer: a natural person acting outside the scope of his or her trade, independent occupation or business activity
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 a digital service to perform its functions in accordance with its purpose
Manufacturer: the producer of the Goods; in the case of imported Goods, the importer who brings the Goods into the territory of the European Union; and any person who presents itself as the manufacturer by indicating its name, trade mark or other distinguishing sign on the Goods
Interoperability: the ability of Goods with digital elements, digital content or a digital service to function with hardware and software that differ from those with which goods, digital content or digital services of the same type are normally used
Compatibility: the ability of Goods with digital elements, digital content or a digital service to function, without the need to convert it, with hardware or software with which goods, digital content or digital services of the same type are normally used
Website: this website, which serves for the conclusion of the contract
Contract: a contract of sale concluded between the Seller and the Buyer by means of the Website and electronic correspondence
Durable medium: any instrument that enables the consumer or the business to store data addressed personally to him or her in a manner accessible for future reference for a period adequate to the purpose of the data, and that allows the unchanged reproduction of the stored data
Means of distance communication: any means that, without the simultaneous physical presence of the parties, may be used for making a contractual declaration for the purpose of concluding a contract. Such means include in particular an addressed or unaddressed printed form, a standard letter, an advertisement published in the press with an order form, a catalogue, a telephone, a telefax and a means providing internet access
Distance contract: a consumer contract concluded within an organised distance selling scheme for the supply of the Goods or services under the contract, without the simultaneous physical presence of the parties, where the contracting parties use exclusively means of distance communication for the purpose of concluding the contract
Business: a person acting within the scope of his or her trade, independent occupation or business activity
Buyer/You: the person who makes a purchase offer through the Website and enters into the contract
Seller: the person who, through the Website, issues an invitation to make an offer and enters into the contract
Guarantee: In the case of contracts concluded between a consumer and a business (hereinafter: consumer contract), under the Civil Code,
a guarantee undertaken for the performance of the contract, which the business voluntarily undertakes for the proper performance of the contract in addition to, or in the absence of, its statutory obligation, and
a mandatory guarantee based on legislation
Purchase price: the consideration payable for the Goods and for the supply of digital content.
Applicable legislation
The Contract is governed by Hungarian law, and in particular by the following legislation:
Act CLV of 1997 on Consumer Protection
Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (the ‘E-Commerce Act’)
Act V of 2013 on the Civil Code
Government Decree 151/2003. (IX.22.) on the mandatory guarantee for durable consumer goods
Ministry of Justice Decree 10/2024. (VI.28.) on determining the range of durable consumer goods subject to the mandatory guarantee
Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses
Ministry for National Economy Decree 19/2014. (IV.29.) on the procedural rules for handling warranty and guarantee claims relating to goods sold under a contract between a consumer and a business
Act LXXVI of 1999 on Copyright
Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information (the ‘Info Act’)
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, GDPR)
Government Decree 373/2021. (VI. 30.) on the detailed rules of contracts between consumers and businesses for the sale of goods and for the supply of digital content and digital services
Scope of the GTC
The content of the contract concluded between us is determined by these General Terms and Conditions (hereinafter: GTC), in addition to the provisions of the applicable mandatory legislation. Accordingly, these GTC set out the rights and obligations of you and of us, the conditions for the formation of the contract, the performance deadlines, the delivery and payment terms, the liability rules, and the conditions for exercising the right of withdrawal.
Any technical information necessary for using the Website that is not contained in these GTC is provided by other information available on the Website.
Language and form of the contract
The language of contracts governed by these GTC is Hungarian.
Contracts governed by these GTC are not deemed to be contracts made in writing, and the Seller does not file them.
E-invoice
The Seller uses electronic invoicing in accordance with Section 175 of Act CXXVII of 2007. By accepting these GTC, you consent to the use of electronic invoicing.
Prices
Prices are stated in HUF. The Seller is exempt from VAT as a subjective tax-exempt person, so the prices do not include VAT. It cannot be excluded that the Seller will change the prices for business policy reasons. Changes to prices do not apply to contracts already concluded. If the Seller has stated a price incorrectly and an order has been received for the Goods but the Parties have not yet concluded a contract, the Seller shall proceed in accordance with the section ‘Procedure in the case of an incorrect price’ of the GTC.
Procedure in the case of an incorrect price
The following shall be deemed an obviously incorrectly stated price:
a price of HUF 0,
a discounted price that is erroneously stated in relation to the correct discount percentage shown alongside the correct original price (e.g. in the case of Goods priced at HUF 1,000 with a 20% discount indicated, Goods offered at HUF 500 on the basis of an incorrect calculation, reduced otherwise than in accordance with the percentage, instead of the correct HUF 800).
In addition to the above, a price shall be deemed an obviously incorrect price if the consumer could himself or herself have recognised its incorrectness with the attentiveness and care generally expected in the given situation, taking into account the consumer conduct set out in Section 4 (1) of Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices.
If such an incorrect price is displayed, the Seller shall offer the possibility of purchasing the Goods at the correct price; with this information, the Buyer may decide whether to order the Goods at the correct price or not to make use of this possibility, in which case no contract is concluded between the Parties.
Complaint handling and means of enforcing rights
The consumer may submit a complaint concerning a warranty claim for defects, a product liability warranty claim or a guarantee claim relating to the Goods, or an objection aimed at remedying an individual infringement of rights or interests relating to the conduct, activity or omission of the Seller, or of a person acting in the interest or on behalf of the Seller, that is directly connected with the distribution or sale of the goods to consumers (a consumer complaint within the meaning of the Consumer Protection Act (Fgytv.)), using the following contact details and methods:
In writing, by e-mail at: tinaszerencses@gmail.com
In writing, by post at: 6971 Szeged, Fölszél utca 26/1/A
The Seller is obliged to handle the consumer’s warranty claim for defects, product liability warranty claim or guarantee claim not in accordance with the rules of the Consumer Protection Act (Fgytv.) on the handling of consumer complaints, but in accordance with separate legislation.
The consumer may communicate to the business, orally or in writing, a complaint under the Consumer Protection Act (Fgytv.), being an objection aimed at remedying an individual infringement of rights or interests relating to the conduct, activity or omission of the business, or of a person acting in the interest or on behalf of the business, that is directly connected with the distribution or sale of the goods to consumers, with the exception of a warranty claim for defects, a product liability warranty claim or a guarantee claim.
The Seller shall examine an oral complaint immediately and remedy it where necessary. If the consumer does not agree with the handling of the complaint, or if the immediate investigation of the complaint is not possible, the Seller shall without delay draw up a record of the complaint and of its position on it, and shall hand a copy of the record to the consumer on the spot in the case of an oral complaint communicated in person, or, in the case of an oral complaint communicated by telephone or by means of other electronic communications services, shall send it to the consumer at the latest within 30 days, simultaneously with the substantive reply, in accordance with the rules applicable to replies to written complaints. The record of the complaint must contain the following:
the consumer’s name, address or e-mail address,
the place, time and manner of submission of the complaint,
a detailed description of the consumer’s complaint, and a list of the documents, papers and other evidence presented by the consumer,
the business’s statement of its position on the consumer’s complaint, if immediate investigation of the complaint is possible,
the signature of the person drawing up the record and, except in the case of an oral complaint communicated by telephone or by means of other electronic communications services, of the consumer,
the place and time of drawing up the record,
in the case of an oral complaint communicated by telephone or by means of other electronic communications services, the unique identification number of the complaint, and
a warning that if, when the record is drawn up, the consumer does not provide the data referred to in points a. and c., or refuses to sign the record, the Seller shall not apply the rules on replying to written complaints in handling the oral complaint
If, when communicating the oral complaint, the consumer does not provide the data referred to in points a) and c) above, or refuses to sign the record, the business is not obliged to proceed in accordance with the rules on replying to written complaints when handling the oral complaint.
The Seller shall be obliged to respond in writing to a written complaint, in a substantive and verifiable manner, and to arrange for the communication of that response, within thirty days of its receipt, unless a directly applicable legal act of the European Union provides otherwise. The Seller must state the reasons for rejecting a complaint. Where a complaint is rejected, the Seller shall be obliged to inform the Consumer in writing which authority or conciliation body, depending on the nature of the complaint, the Consumer may initiate proceedings before. The information must also include the registered seat, telephone and internet contact details and postal address of the competent authority, or of the conciliation body having jurisdiction according to the Consumer’s place of residence, place of stay or registered seat, as well as whether the Seller has made a general submission declaration.
Where the Seller provides an electronic interface or form for submitting written complaints, the Seller shall be obliged to confirm receipt of the written complaint without delay to the electronic mail address provided by the Consumer.
The Seller shall be obliged to retain for three years the minutes taken of an oral complaint or the written complaint, together with a copy of the Seller’s substantive response to the complaint, and to present them upon the request of the supervisory authority.
If any consumer dispute that may arise between the Seller and the Consumer is not resolved during negotiations, the following means of enforcing rights are available to the Consumer:
Consumer protection proceedings
Complaints may be lodged with the consumer protection authorities. If the Consumer perceives a violation of his or her consumer rights, the Consumer is entitled to lodge a complaint with the consumer protection authority having jurisdiction according to his or her place of residence. Following the assessment of the complaint, the authority shall decide whether to conduct consumer protection proceedings. The first-instance consumer protection authority tasks are performed by the metropolitan and county government offices (fővárosi és vármegyei kormányhivatalok) having jurisdiction according to the Consumer’s place of residence; their contact details can be found here:
Budapest Főváros Kormányhivatala Fogyasztóvédelmi Főosztály (Budapest Capital Government Office, Consumer Protection Department) Address: 1117 Budapest, Prielle Kornélia utca 4/b. E-mail: fogyasztovedelem@bfkh.gov.hu Telephone: (1) 450-2598 Website: https://kormanyhivatalok.hu/kormanyhivatalok/budapest/megye/szervezet/fogyasztovedelmi-foosztaly Territorial competence: the territory of the Capital City of Budapest | Pest Vármegyei Kormányhivatal Fogyasztóvédelmi Főosztály (Pest County Government Office, Consumer Protection Department) Address: 1072 Budapest, Nagy Diófa u.10-12. E-mail: fogyved@pest.gov.hu Telephone: 06 1 459 4843 Website: https://kormanyhivatalok.hu/kormanyhivatalok/pest/megye/szervezet/fogyasztovedelmi-foosztaly Territorial competence: Pest County |
Bács-Kiskun Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Bács-Kiskun County Government Office, Consumer Protection Division) Address: 6000 Kecskemét, Szent István krt. 19/A. Postal address: 6001 Kecskemét, Pf. 189. E-mail: fogyasztovedelem@bacs.gov.hu Telephone: 06 76 795 710 Territorial competence: Bács-Kiskun County | Baranya Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Baranya County Government Office, Consumer Protection Division) Address: 7630 Pécs, Hengermalom u. 2. Postal address: 7630 Pécs, Hengermalom u. 2. E-mail: fogyasztovedelem@baranya.gov.hu Telephone: 06 72 795 398 Territorial competence: Baranya County |
Békés Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Békés County Government Office, Consumer Protection Division) Address: 5600 Békéscsaba, József Attila u. 2-4. Postal address: 5600 Békéscsaba, József Attila u. 2-4. E-mail: fogyved@bekes.gov.hu Telephone: +36 66 546 150 Territorial competence: Békés County | Borsod-Abaúj- Zemplén Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Borsod-Abaúj-Zemplén County Government Office, Consumer Protection Division) Address: 3527 Miskolc, József Attila u 20. E-mail: fogyasztovedelem@borsod.gov.hu Telephone: 06 46 795 779 Territorial competence: Borsod-Abaúj-Zemplén County |
Csongrád-Csanád Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Csongrád-Csanád County Government Office, Consumer Protection Division) Address: 6722 Szeged, Rákóczi tér 1. Postal address: 6722 Szeged, Rákóczi tér 1. E-mail: fogyasztovedelem@csongrad.gov.hu Telephone: 06 62 680 532 Territorial competence: Csongrád-Csanád County | Fejér Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Fejér County Government Office, Consumer Protection Division) Address: 8000 Székesfehérvár, Honvéd utca 8. E-mail: fogyved@fejer.gov.hu Telephone: +36 22 501 751 Territorial competence: Fejér County |
Győr-Moson-Sopron Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Győr-Moson-Sopron County Government Office, Consumer Protection Division) Address: 9022 Győr, Türr István utca. 7. E-mail: fogyasztovedelem@gyor.gov.hu Telephone: +36 96 795 950 Territorial competence: Győr-Moson-Sopron County | Hajdú-Bihar Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Hajdú-Bihar County Government Office, Consumer Protection Division) Address: 4025 Debrecen, Széchenyi utca 46. Postal address: 4025 Debrecen, Széchenyi utca 46. E-mail: fogyasztovedelem@hajdu.gov.hu Telephone: 06 52 533 924 Fax: 06 52 504 105 Territorial competence: Hajdú-Bihar County |
Heves Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Heves County Government Office, Consumer Protection Division) Address: 3300 Eger, Kossuth L. u. 9. Postal address: 3301 Eger, Pf. 216. E-mail: fogyved@heves.gov.hu Telephone: 06 (36) 515-469 Fax: 06 (36) 516-040 Territorial competence: Heves County | Jász-Nagykun-Szolnok Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Jász-Nagykun-Szolnok County Government Office, Consumer Protection Division) Address: 5000 Szolnok, Indóház u. 8. E-mail: jasz.fogyved@jasz.gov.hu Telephone: 56/795-165 Territorial competence: Jász-Nagykun-Szolnok County |
Komárom-Esztergom Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Komárom-Esztergom County Government Office, Consumer Protection Division) Address: 2800 Tatabánya, Bárdos László utca 2. E-mail: fogyasztovedelem.meff@komarom.gov.hu Telephone: (34) 309-303 Territorial competence: Komárom-Esztergom County | Nógrád Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Nógrád County Government Office, Consumer Protection Division) Address: 3100 Salgótarján, Karancs út 54. E-mail: fogyved@nograd.gov.hu Telephone: 06 32 511 116 Territorial competence: Nógrád County |
Somogy Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Somogy County Government Office, Consumer Protection Division) Address: 7400 Kaposvár, Vásártéri út 2. E-mail: fogyasztovedelem@somogy.gov.hu Telephone: 06 82 510 868 Territorial competence: Somogy County | Szabolcs-Szatmár-Bereg Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Szabolcs-Szatmár-Bereg County Government Office, Consumer Protection Division) Address: 4400 Nyíregyháza, Hatzel tér 10. Postal address: 4401 Nyíregyháza, Pf. 77. E-mail: fogyasztovedelem@szabolcs.gov.hu Telephone: 06 42 500 694 Territorial competence: Szabolcs-Szatmár-Bereg County |
Tolna Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Tolna County Government Office, Consumer Protection Division) Address: 7100 Szekszárd, Kiskorzó tér 3. E-mail: fogyasztovedelem@tolna.gov.hu Telephone: (74) 795-385 Territorial competence: Tolna County | Vas Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Vas County Government Office, Consumer Protection Division) Address: 9700 Szombathely, Wesselényi u. 7. Postal address: 9702 Szombathely, Pf. 24. E-mail: fogyasztovedelem@vas.gov.hu Telephone: +36/70-705-1435 Territorial competence: Vas County |
Veszprém Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Veszprém County Government Office, Consumer Protection Division) Address: 8200 Veszprém, Kistó utca 1. Postal address: 8200 Veszprém, Kistó utca 1. E-mail: fogyasztovedelem@veszprem.gov.hu Telephone: +36 88 550 510 Territorial competence: Veszprém County | Zala Vármegyei Kormányhivatal Fogyasztóvédelmi Osztály (Zala County Government Office, Consumer Protection Division) Address: 8900 Zalaegerszeg, Pintér Máté u. 22. Postal address: 8900 Zalaegerszeg, Pintér Máté u. 22. E-mail: fogyasztovedelem.zala@zala.gov.hu Telephone: +36 92 510 530 Territorial competence: Zala County |
Court proceedings
The customer is entitled to enforce a claim arising from a consumer dispute before a 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 proceedings
If we reject your consumer complaint, you are entitled to turn to the Conciliation Body having competence for your place of residence, place of stay or registered office, or to the Conciliation Body indicated by you in your application. It is a condition of initiating proceedings before the Conciliation Body that the consumer first attempts to settle the dispute directly with the business concerned.
Unless the consumer requests a personal hearing, the Conciliation Body holds the hearing online, without personal attendance, by means of an electronic device providing simultaneous audio and video transmission (hereinafter: online hearing).
The business is subject to a duty of cooperation in the Conciliation Body proceedings; within that duty, we are obliged to send our written reply to the Conciliation Body within the time limit set upon its request. Except where Regulation (EU) No 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 applies, the business is obliged to ensure the participation at the hearing of a person authorised to enter into a settlement. At an online hearing, the business’s representative authorised to enter into a settlement is obliged to attend online. If the consumer requests a personal hearing, the business’s representative authorised to enter into a settlement is obliged to attend the hearing at least online.
The Seller has not made a general submission declaration to any Conciliation Body.
Further information about the Conciliation Bodies is available here: https://www.bekeltetes.hu
Contact details of the territorially competent Conciliation Bodies:
Budapest Conciliation Body Seat: Budapest Area of competence: Budapest Contact details: Address: 1016 Budapest, Krisztina krt. 99. I. em. 111. Postal address: 1253 Budapest, Pf.:10. Telephone: 06-1-488-2131 E-mail: bekelteto.testulet@bkik.hu Website: bekeltet.bkik.hu | Baranya County Conciliation Body Seat: Pécs Area of competence: Baranya County, Somogy County, Tolna County Contact details: Address: 7625 Pécs, Majorossy I. u. 36. Telephone: 06-72-507-154 E-mail: info@baranyabekeltetes.hu Website: baranyabekeltetes.hu |
Borsod-Abaúj-Zemplén County Conciliation Body Seat: Miskolc Area of competence: Borsod-Abaúj-Zemplén County, Heves County, Nógrád County Contact details: Address: 3525 Miskolc, Szentpáli u. 1. Telephone: 06-46-501-091 E-mail: bekeltetes@bokik.hu Website: bekeltetes.borsodmegye.hu | Csongrád-Csanád County Conciliation Body Seat: Szeged Area of competence: Békés County, Bács-Kiskun County, Csongrád-Csanád County Contact details: Address: 6721 Szeged, Párizsi krt. 8-12. Telephone: 06-62/549-392 E-mail: bekelteto.testulet@cskik.hu Website: bekeltetes-csongrad.hu |
Fejér County Conciliation Body Seat: Székesfehérvár Area of competence: Fejér County, Komárom-Esztergom County, Veszprém County Contact details: Address: 8000 Székesfehérvár, Hosszúsétatér 4-6. Telephone: 06-22-510-310 E-mail: bekeltetes@fmkik.hu Website: www.bekeltetesfejer.hu | Győr-Moson-Sopron County Conciliation Body Seat: Győr Area of competence: Győr-Moson-Sopron County, Vas County, Zala County Contact details: Address: 9021 Győr, Szent István út 10/a. Telephone: 06-96-520-217 E-mail: bekelteto.testulet@gymsmkik.hu Website: bekeltetesgyor.hu |
Hajdú-Bihar County Conciliation Body Seat: Debrecen Area of competence: Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County Contact details: Address: 4025 Debrecen, Vörösmarty u. 13-15. Telephone: 06-52-500-710, +36 52 500 745 E-mail: bekelteto@hbkik.hu Website: hbmbekeltetes.hu | Pest County Conciliation Body Seat: Budapest Area of competence: Pest County Contact details: Address: 1055 Budapest, Balassi Bálint u. 25. IV/2. Telephone: 06-1-792-7881 E-mail: pmbekelteto@pmkik.hu Website: panaszrendezes.hu |
Conciliation Body proceedings in the case of persons who do not qualify as consumers
Under the Consumer Protection Act, for the purposes of Conciliation Body proceedings, a consumer is also a civil organisation within the meaning of a separate act, a legal person of a church, a condominium or a housing cooperative, acting for purposes outside its independent profession and economic activity, which buys, orders, receives, uses or avails itself of goods, or is the addressee of commercial communication or an offer relating to goods.
The Conciliation Body is entitled to verify and examine whether consumer status exists. The rules set out above under the Conciliation Body heading govern the procedure.
Copyright
Under Section 1(1) of Act LXXVI of 1999 on Copyright (hereinafter: the Copyright Act), the website qualifies as a copyright work, and therefore every part of it is protected by copyright. Under Section 16(1) of the Copyright Act, it is prohibited to use the graphic and software solutions and computer programs found on the website without permission, or to use any application by which the website or any part of it can be modified. Any material may be taken from the website and its database, even with the written consent of the rightholder, only with a reference to the website and an indication of the source. The rightholder is: Szerencsés Krisztina
Partial invalidity, code of conduct
If any provision of the GTC is legally deficient or ineffective, the remaining provisions of the contract shall nevertheless remain in force, and the provisions of the applicable legislation shall apply in place of the ineffective or defective part.
The Seller has no code of conduct within the meaning of the act on the prohibition of unfair commercial practices towards consumers.
Information on the essential characteristics of the Goods
On the Website, we provide information on the essential characteristics of the Goods available for purchase in the description given for each item of Goods.
Correction of data entry errors – Responsibility for the accuracy of the data provided
During the ordering process, until you finalise the order, you may at any time modify the data you have entered (by clicking the back button in the browser, the previous page opens, so the data entered can be corrected even if you have already moved on to the next page). Please note that it is your responsibility to ensure that the data you provide are entered accurately, as the Goods will be invoiced and delivered on the basis of the data you provide. Please also note that an incorrectly entered e-mail address, or a full mailbox storage quota, may result in the confirmation not being delivered and may prevent the Contract from being concluded. If the Buyer has finalised the order and discovers an error in the data provided, the Buyer must request modification of the order as soon as possible. The Buyer may notify the Seller of the need to correct an erroneous order by a letter sent from the e-mail address given at the time of ordering, or by telephone.
Use of the Website
Purchasing does not require registration.
Selecting the product
Under the “Products” menu item on the website you can choose among the individual products, where the products and their images can be found. By clicking on a product, you can view the photographs of the product, its detailed description, its price and other important information. When purchasing, you must pay the price indicated on the website.
Adding to the basket
After selecting the product, you can add it to the basket by clicking the “Add to basket” button. Adding a product to the basket does not entail any obligation to buy or pay, as it does not yet constitute an official purchase.
We recommend that you add a product to the basket even if you are not yet sure that you wish to buy it, because you can later review the selected products with a single click, and easily view and compare them on one screen. Until the order is finalised, that is, until the “Place order” button is pressed, the contents of the basket may be freely modified. Products may be removed and, as required, further products may be added.
If you add a product to the basket, a pop-up window appears with the message “The product has been added to your basket.” If you do not wish to select any more products, click the “Place order” button; if, however, you wish to view the selected product or add further products to the basket, click the “Continue shopping” button.
Viewing the basket
By clicking the “Basket” icon at the top of the website, you can view and check the current contents of the basket. Here you can remove products. The basket automatically updates the data and the total amount in line with the changes. If you do not wish to add any more products to the basket, click the “Basket” button, and you can continue the purchasing process.
Entering buyer details
By clicking the “Basket” button, you can view the full contents of the basket and the total amount of the selected products. If you wish to purchase the items, click the “Next step” button. After that, in the “Collection method” section, you can choose whether you wish to collect the goods in person or use a courier service. In the case of delivery, you are also obliged to pay the delivery fee.
Under the “Delivery address” section, you can choose whether you wish to order as a private individual or as a legal entity; then fill in all the required details, such as your country, postcode, town or city, address, name and telephone number. If you wish to order as a legal entity, you must also provide the company name, tax number, and, where applicable, the registration number and bank account number. If you request delivery to a different address, remove the tick from the “The billing address is the same as the delivery address” checkbox. This allows you to enter a different address for delivery. Under the “Payment method” section, you can choose between bank transfer/advance bank transfer, cash/cash on delivery and online bank card payment, where these are available. Under the “Contact e-mail address” section, you must enter your e-mail address, and in the “Note” text box you may share any further information as you wish.
Reviewing the order
After completing the above text boxes, you can finalise the order by clicking the “Order” button. If you wish to change the products, you can do so by clicking the “Back to basket” text. However, if you are sure of the order, you must accept the general terms and conditions and the privacy statement before you finalise the purchase. In the case of bank card payment, the site redirects you to another interface, where you can validate the order after entering the card details. After a successful order, you can review the data provided, including the delivery and billing information, the contents of the basket and the amount paid. Please note that these data can no longer be modified.
Finalising the order (making an offer)
Once you have satisfied yourself that the contents of the basket correspond to the Goods you wish to order and that your details are correctly stated, you may finalise your order by clicking the “Place order” (“Megrendelem”) button. The information published on the Website does not constitute an offer by the Seller to conclude a contract. In the case of orders falling within the scope of these GTC, you are the offeror.
By pressing the “Place order” (“Megrendelem”) button, you expressly acknowledge that your offer shall be deemed to have been made and that your declaration – upon the Seller’s confirmation in accordance with these GTC – entails an obligation to pay. The Seller is obliged to confirm receipt of the order to the Buyer electronically without delay. If this confirmation does not reach the Buyer within the reasonable time limit that may be expected depending on the nature of the service, calculated from the sending of the Buyer’s order, but at the latest within 48 hours, the Buyer shall be released from the obligation to be bound by the offer or from the contractual obligation.
Processing of the order, formation of the contract
You may place an order at any time. The Seller shall confirm your offer by e-mail at the latest within 48 hours after your offer has been sent. The contract is formed when the confirmation e-mail sent by the Seller becomes accessible to you in your mailbox system.
Procedure followed in the case of parcels not collected
If the Buyer does not take delivery of the ordered Goods handed over for delivery and also does not notify the Seller of an intention to withdraw without giving reasons within the 14 days provided for by law, the Buyer breaches the contract concluded with the Seller, under which the Buyer is obliged to take delivery of the Goods and thereby to accept the Seller’s performance. In this case the Seller shall attempt to deliver the Goods again, provided that this can be arranged with the Buyer, but the Seller may make the repeated delivery subject to payment of a delivery fee. If the repeated delivery is unsuccessful, or cannot be arranged with the Buyer because the Buyer refuses to cooperate, the Seller is entitled to terminate the contract concluded with the Buyer with immediate effect on account of breach of contract and to claim the cost of the unsuccessful outbound and return delivery from the Buyer as a contractual penalty. For the purposes of terminating the contract, the Parties accept the use of the e-mail address used by the Buyer when placing the order as a form of communication, and agree that the time of communication of the termination is the time at which the termination letter becomes accessible in the Buyer’s e-mail account.
Payment methods
Barion
The Barion Smart Gateway is an entirely Hungarian-developed payment gateway, independent of banks, suitable for accepting bank cards and e-money, which, in addition to its unbeatable prices, offers numerous innovative features. It is even more convenient to use after a registration that takes only a minute. As card numbers are stored in a secure system holding a PCI DSS certificate, it is sufficient to enter the registered e-mail address and password in order to use any stored card. On Barion’s web interface, reports, export options and a monthly invoice letter sent out support business processes and official accounting. Transactions take place in real time, and incoming items can also be viewed in the mobile application. With the free Barion application, Barion users can pay by mobile phone in an increasing number of shops and catering venues, without having to carry cash or a bank card. Banking security is guaranteed by the supervision of the MNB (the Hungarian National Bank) (MNB licence: H-EN-I-1064/2013). We handle protection against bank card misuse flexibly and fairly.
Payment by bank card
In our webshop you can pay quickly and securely by bank card.
Bank transfer
You may also settle the value of the order by bank transfer.
Methods of receipt, receipt fees
Foxpost parcel locker, GLS, DPD, MPL
We deliver your parcel door to door within Hungary.
Based on the carrier’s price list.
Time limit for performance
In the case of a Buyer who qualifies as a Consumer, unless the Parties agree otherwise, the Seller is obliged to make the Goods available to the Buyer without delay after the conclusion of the contract, but at the latest within thirty days.
Based on the above, the general time limit for performance of the order is a maximum of 30 days from the confirmation of the order. The Seller shall provide information on any performance time limit differing from this (but not longer than 30 days) for the individual delivery methods.
In the event of the Seller’s delay, the Buyer is entitled to proceed against the Seller in accordance with Act V of 2013 on the Civil Code.
Reservation of rights, retention of title
If you have previously ordered Goods and did not take delivery of them during delivery (not including the case where you exercised your right of withdrawal), or the Goods were returned to the seller marked as “not collected” (“nem kereste”), the Seller shall make performance of the order conditional on advance payment of the purchase price and the delivery costs.
The Seller may withhold handing over the Goods until it has satisfied itself that the price of the Goods has been successfully paid using the electronic payment solution (including the case where, for Goods paid for by transfer, the Buyer transfers the purchase price in the currency of the Buyer’s Member State and, owing to currency conversion and bank commissions and charges, the Seller does not receive the full amount of the purchase price and the delivery fee). If the price of the Goods has not been paid in full, the Seller may call on the Buyer to make up the purchase price.
Sales abroad – prohibition of territory-based content restrictions
The Seller does not discriminate between buyers using the Website in the territory of Hungary and those within the territory of the European Union outside Hungary, that is, it does not restrict buyers’ access to the website on the basis of their nationality, place of residence or place of establishment. Unless these GTC provide otherwise, the Seller ensures the delivery/collection of the ordered Goods in the territory of Hungary.
The language of communication and purchase is primarily Hungarian; the Seller is not obliged to communicate with the buyer in the language of the buyer’s Member State.
The Seller is not obliged to comply with the non-contractual requirements laid down in the national law of the buyer’s Member State in relation to the Goods concerned, such as labelling or sector-specific requirements, or to inform the buyer of such requirements.
Unless the Seller provides otherwise, the Seller applies Hungarian VAT to all Goods.
In order to hand over the Goods, the Seller provides to non-Hungarian buyers the same handover options that are available to Hungarian buyers.
Where, under the GTC, the buyer may request delivery of the Goods to the territory of Hungary or of any other European Union Member State, a non-Hungarian buyer may also request this by any of the delivery methods specified in the GTC.
Otherwise, the buyer may request to arrange delivery of the Goods abroad at the buyer’s own expense. A Hungarian buyer is not entitled to this right.
The Seller shall perform the order after payment of the delivery fee; if the buyer does not pay the delivery fee to the Seller, or does not arrange its own delivery by the previously agreed time, the Seller shall terminate the contract and reimburse the previously paid purchase price to the buyer.
Consumer information
Information on the right of withdrawal of the consumer Buyer
Pursuant to Section 8:1 (1) point 3 of the Civil Code (Ptk.), only a natural person acting outside the scope of his or her profession, self-employment or business activity qualifies as a Consumer, and therefore legal persons may not exercise the right of withdrawal without giving reasons!
Under Section 20 of Government Decree 45/2014. (II. 26.), the consumer has the right to withdraw without giving reasons. The consumer may exercise the right of withdrawal
a) in the case of a contract for the sale of Goods
aa) within a time limit calculated from the day on which the Goods are received,
ab) where several Goods are purchased and the individual Goods are supplied on different dates, from the day on which the last Goods are received,
ac) in the case of Goods consisting of several items or pieces, from the day on which the last item or piece is received,
ad) where the Goods are to be supplied regularly within a defined period, from the day on which the first supply is received,
by the consumer or by a third party indicated by the consumer, other than the carrier; this time limit is 14 calendar days.
The provisions of this point do not affect the consumer’s right to exercise the right of withdrawal defined in this point also in the period between the day of conclusion of the contract and the day of receipt of the Goods.
Where the offer to conclude the contract was made by the consumer, the consumer has the right, before the contract is concluded, to withdraw the offer, which terminates the binding nature of the offer extending to the conclusion of the contract.
If the Seller has not informed the consumer of the time limit and other conditions for exercising the right of withdrawal (in particular those set out in Section 22 of the Government Decree), or of the model statement in Annex 2, the withdrawal period described above is extended by 12 months. If the Seller provides the consumer with the information on the exercise of the right of withdrawal within 12 months after the expiry of the withdrawal period, the time limit open for withdrawal or termination expires on the 14th day after this information is communicated.
Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses is available here.
Withdrawal statement, exercise of the consumer’s right of withdrawal or termination
The consumer may exercise the right granted under Section 20 of Government Decree 45/2014. (II. 26.) by means of an unambiguous statement to that effect, or by using the model statement that can also be downloaded from the website.
Validity of the consumer’s withdrawal statement
The right of withdrawal shall be deemed to have been exercised in time if the consumer sends the statement within the time limit.
In the case of withdrawal or termination in writing, it is sufficient to send the withdrawal or termination statement within the time limit.
The burden of proving that the right of withdrawal was exercised in accordance with this provision lies on the consumer.
The Seller is obliged to confirm the consumer’s withdrawal statement on a durable medium (electronic data carrier) after its receipt.
The Seller’s obligations in the event of the consumer’s withdrawal
The Seller’s obligation to reimburse
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014. (II. 26.), the Seller shall reimburse the entire amount paid by the consumer as consideration, including the costs incurred in connection with performance, and thus also the delivery fee, at the latest within fourteen days of becoming aware of the withdrawal. Please note that this provision does not apply to additional costs caused by the choice of a delivery method other than the least expensive standard delivery method.
Method of the Seller’s reimbursement
In the event of withdrawal or termination in accordance with Section 22 of Government Decree 45/2014. (II. 26.), the Seller shall reimburse the amount due to the consumer by the same payment method as that used by the consumer. With the consumer’s express consent, the Seller may use another payment method for the reimbursement, but the consumer may not be charged any additional fee as a result. The Seller shall not be liable for any delay resulting from a bank account number or postal address given incorrectly and/or inaccurately by the Consumer.
Additional costs
If the consumer expressly chooses a delivery method other than the least expensive standard delivery method, the Seller is not obliged to reimburse the additional costs arising therefrom. In such a case our reimbursement obligation exists up to the amount of the general delivery fees stated.
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 the Goods have been sent back; the earlier of the two dates shall be taken into account. We are unable to accept consignments sent cash on delivery or with postage payable by the recipient.
The consumer’s obligations in the event of withdrawal or termination
Return of the Goods
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014. (II. 26.), the consumer is obliged to send back the Goods without delay, but at the latest within fourteen days of communicating the withdrawal, or to hand them over to the Seller or to a person authorised by the Seller to receive the Goods. The return is deemed to have been made in time if the consumer sends the Goods before the expiry of the time limit.
Bearing the direct costs relating to the return of the Goods
The Consumer shall bear the direct cost of returning the Goods. The Goods must be returned to the Seller’s address. If the Seller also sells the Goods in a business premises, and the Consumer exercises the right of withdrawal in person at the business’s premises, the Consumer is entitled to return the goods to the business at the same time. If, after performance has begun, the Consumer terminates a contract for the provision of services concluded away from business premises or at a distance, the Consumer shall be obliged to pay the business a fee proportionate to the service performed up to the time at which the business was notified of the termination. The amount payable proportionately by the Consumer shall be determined on the basis of the total consideration agreed in the contract, inclusive of tax. If the Consumer proves that the total amount determined in this way is excessively high, the proportionate amount shall be calculated on the basis of the market value of the services performed up to the time of termination of the contract. Please note that we are unable to accept Goods returned cash on delivery or with postage payable by the recipient.
Consumer’s liability for diminished value
The Consumer shall be liable for any diminished value resulting from use of the Goods beyond what is necessary to establish their nature, properties and functioning.
Cases in which the right of withdrawal cannot be exercised
The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal in the cases set out in Section 29 (1) of Government Decree 45/2014. (II. 26.):
after the service has been fully performed; however, where the contract creates an obligation to pay for the Consumer, this exception may be relied upon only if performance began with the Consumer’s express prior consent and with the Consumer’s acknowledgement that the Consumer will lose the right of withdrawal once the business has fully performed the contract;
in respect of Goods or services the price or fee of which depends on fluctuations in the financial market that cannot be influenced by the business and that may also occur during the period allowed for exercising the right of withdrawal;
in the case of non-prefabricated Goods which have been produced on the basis of the Consumer’s instructions or at the Consumer’s express request, or in the case of Goods that have been clearly personalised for the Consumer;
in respect of Goods that are perishable or that retain their quality for only a short time;
in respect of Goods in sealed packaging which, for health protection or hygiene reasons, cannot be returned once opened after delivery (we warn you that, in respect of Goods in sealed packaging which cannot be returned once opened after delivery for health protection or hygiene reasons, use going beyond what is necessary to establish the nature, properties and functioning of the Goods results in the loss of the right of withdrawal.);
in respect of Goods which, by their nature, become inseparably mixed with other goods after delivery;
in respect of alcoholic beverages whose actual value depends on market fluctuations that cannot be influenced by the business, and whose price was agreed by the parties when the sales contract was concluded, but whose delivery will take place only after the thirtieth day following the conclusion of the contract;
in the case of a contract for work in which the business visits the Consumer at the Consumer’s express request for the purpose of carrying out urgent repair or maintenance work;
in respect of the sale of sound or video recordings in sealed packaging, or of copies of computer software, if the Consumer has opened the packaging after delivery;
in respect of newspapers, periodicals and magazines, with the exception of subscription contracts;
in the case of contracts concluded at a public auction;
in the case of contracts for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, or services related to leisure activities, where the contract specifies a date or period of performance;
in respect of digital content not supplied on a tangible medium, if the Seller began performance with the Consumer’s express prior consent and the Consumer, at the same time as giving that consent, declared that the Consumer acknowledges that the right of withdrawal will be lost once performance has begun, and the business has sent confirmation to the Consumer.
Information on product liability warranty, warranty for defects (statutory liability) and guarantee ensuring the conformity of goods, in respect of consumer contracts
This section of the consumer information has been prepared on the basis of the authorisation in Section 11 (5) of Government Decree 45/2014. (II. 26.), taking into account Annex 3 to Government Decree 45/2014. (II. 26.)
The Consumer information applies exclusively to Buyers who qualify as Consumers; the rules applicable to buyers who do not qualify as consumers are set out in a separate chapter.
Requirements of conforming performance in the case of a consumer contract
General requirements of conforming performance in the case of goods sold under a consumer contract
At the time of performance, the Goods and the performance must comply with the requirements set out in Government Decree 373/2021. (VI. 30.).
In order for performance to be regarded as conforming to the contract, the Goods that are the subject of the contract
must correspond to the description, quantity, quality and type stipulated in the contract, and must have the functionality, compatibility, interoperability and other features specified in the contract
must be fit for any purpose specified by the Consumer which the Consumer made known to the Seller at the latest at the time of conclusion of the contract and which the Seller accepted
must be accompanied by all accessories and instructions for use specified in the contract, including instructions for commissioning, installation instructions and customer service support, and
must be supplied with the updates specified in the contract.
In addition, in order for performance to be regarded as conforming to the contract, the Goods that are the subject of the contract
must be fit for the purposes for which goods of the same type are required to be fit under legislation, a technical standard or, in the absence of a technical standard, the applicable code of conduct
must have the quantity, quality, performance and other features, in particular in terms of functionality, compatibility, accessibility, continuity and security, that the Consumer may reasonably expect and that are normal for goods of the same type, taking into account any public statement made by the Seller, its representative or another person in the chain of sale concerning the specific characteristics of the Goods, in particular in an advertisement or on a label
must be accompanied by the accessories and instructions that the Consumer may reasonably expect, including packaging and instructions for commissioning, and
must correspond to the characteristics and description of the Goods that the business presented as a sample or model, or made available as a trial version, before the conclusion of the contract.
The Goods need not comply with the above public statement if the Seller proves that
the Seller was not aware of the public statement and could not reasonably have been aware of it
the public statement had been corrected in an appropriate manner by the time the contract was concluded, or
the public statement could not have influenced the decision of the entitled person to conclude the contract.
Specific requirements of conforming performance in the case of goods with digital elements
In the case of goods with digital elements, the Seller must ensure that the Consumer is notified of, and actually receives, the updates, including security updates, to the digital content of the goods or to the related digital service that are necessary to maintain the conformity of the goods with the contract.
The Seller must make the update available, where the sales contract
provides for a single act of supply of the digital content or digital service, for the period that the Consumer may reasonably expect, having regard to the type and purpose of the goods and the digital elements, the specific circumstances and the nature of the contract; or
provides for the continuous supply of digital content over a specified period, in the case of continuous supply for a period not exceeding two years, throughout a period of two years from the performance in respect of the goods.
If the Consumer fails to install, within a reasonable period, the updates made available, the Seller shall not be liable for a defect in the goods if it results solely from the failure to apply the relevant update, provided that
the Seller informed the Consumer of the availability of the update and of the consequences of the Consumer’s failure to install it; and
the Consumer’s failure to install the update, or incorrect installation of the update by the Consumer, is not attributable to deficiencies in the installation instructions provided by the Seller.
Defective performance cannot be established if, at the time of conclusion of the contract, the Consumer was specifically informed that a particular feature of the goods deviates from what is described here, and at the time of conclusion of the sales contract the Consumer separately and expressly accepted that deviation.
Requirements of conforming performance in the case of the sale of digital content under a consumer contract
The Seller shall supply or provide the digital content to the Consumer. Unless the parties agree otherwise, the Seller shall supply the digital content to the Consumer without undue delay after the conclusion of the contract, in the most recent version available at the time of conclusion of the contract.
The supply is deemed to have been performed when the digital content or any means suitable for accessing or downloading it has reached the Consumer, or the physical or virtual device chosen by the Consumer for that purpose.
The Seller must ensure that the Consumer is notified of, and receives, the updates, including security updates, to the digital content that are necessary to maintain the conformity of the digital content or digital service with the contract.
If, under the contract, the digital content is supplied continuously over a specified period, the conformity of the digital content with the contract must be ensured throughout the entire duration of the contract.
If the Consumer fails to install, within a reasonable period, the updates made available by the Seller, the Seller shall not be liable for a defect in the service if it results solely from the failure to apply the relevant update, provided that
the Seller informed the Consumer of the availability of the update and of the consequences of the Consumer’s failure to install it; and
the Consumer’s failure to install the update, or incorrect installation of the update by the Consumer, is not attributable to deficiencies in the installation instructions provided by the Seller.
Defective performance cannot be established if, at the time of conclusion of the contract, the Consumer was specifically informed that a particular feature of the digital content deviates from the requirements set out here, and at the time of conclusion of the contract the Consumer separately and expressly accepted that deviation.
The Seller performs defectively if a defect in the supply of digital content results from the improper integration of the digital content into the Consumer’s digital environment, provided that
the integration of the digital content was carried out by the Seller, or was carried out under the Seller’s responsibility; or
the digital content was to be integrated by the Consumer, and the improper integration was caused by deficiencies in the integration instructions provided by the Seller.
If the contract provides for the continuous supply of digital content or a digital service over a specified period, the Seller shall be liable for a defect relating to the digital content if the defect occurs or becomes apparent during the period specified in the contract.
If the contract provides for a single act of supply or a series of individual acts of supply, it shall be presumed, until proved otherwise, that a defect identified by the Consumer within one year from the time of performance already existed at the time of performance. However, the Seller does not perform defectively if it proves that the Consumer’s digital environment is not compatible with the technical requirements of the digital content or digital service, and that it informed the Consumer of this in a clear and comprehensible manner before the conclusion of the contract.
The Consumer is obliged to cooperate with the Seller so that the Seller – using the means that are technically available to it and that cause the least interference for the Consumer – can satisfy itself that the cause of the defect lies in the Consumer’s digital environment. If the Consumer fails to comply with this obligation to cooperate, after the Seller has clearly and comprehensibly informed the Consumer of this obligation before the conclusion of the Contract, the Consumer shall bear the burden of proving that
the defect discovered within one year of performance already existed at the time of performance, or
the service affected by the defect discovered during the period specified in the Contract was not in conformity with the Contract during the period of performance of the service under the Contract.
Defective performance of a contract for the sale of Goods
The Seller performs defectively if the defect in 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 Seller’s responsibility; or
b) the installation was to be carried out by the Consumer, and the improper installation is the consequence of deficiencies 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 digital service.
If, under the sales contract, the Goods are to be installed by the Seller, or the installation takes place under the Seller’s responsibility, performance shall be deemed to have been completed by the Seller when the installation has been completed.
If, in the case of Goods with digital elements, the sales contract provides for the continuous supply of digital content or a digital service over a specified period, the Seller shall be liable for any defect of the Goods relating to the digital content where the defect occurs or becomes apparent, in the case of a continuous supply lasting no more than two years, within two years of the performance of the Goods; or, in the case of a continuous supply lasting more than two years, during the entire period of the continuous supply.
Warranty for defects (statutory liability)
In what cases may you exercise your right under the warranty for defects?
In the event of the Seller’s defective performance, you may enforce a warranty claim against the Seller in accordance with the Civil Code and, in the case of a consumer contract, the rules of Government Decree 373/2021 (VI. 30.).
What rights do you have under a warranty claim?
You may, at your choice, exercise the following warranty claims:
You may request repair or replacement, unless fulfilling the claim you have chosen is impossible or would cause the Seller disproportionate additional costs compared with fulfilling the other claim. If you did not request, or could not request, repair or replacement, you may claim a proportionate reduction of the consideration or – as a last resort – withdraw from the Contract.
You may switch from the warranty right you have chosen to another one; however, you shall bear the cost of the switch, unless it was justified or the Seller gave cause for it.
In the case of a consumer contract, unless proven otherwise, it shall be presumed that a defect discovered within one year of the date of performance of the Goods and of Goods with digital elements already existed at the time of performance of the Goods, unless this presumption is incompatible with the nature of the Goods or the nature of the defect.
The Seller may refuse to bring the Goods into conformity with the Contract if repair or replacement is impossible, or if it would result in disproportionate additional costs for the Seller, taking into account all the circumstances, including the value the Goods would have in a defect-free condition and the gravity of the breach of contract.
The Consumer is also entitled – in proportion to the gravity of the breach of contract – to claim a proportionate reduction of the consideration or to terminate the sales contract if
the Seller has not carried out the repair or replacement, or has carried it out but has failed, in whole or in part, to comply with the following conditions
the Seller must, at its own expense, take back the replaced Goods
if the repair or replacement requires the removal of Goods that were installed, in accordance with their nature and purpose, before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming Goods and the installation of the replacement or repaired Goods, or the bearing of the costs of removal and installation.
the Seller has refused to bring the Goods into conformity with the Contract
a further defect in performance has arisen, despite the Seller’s attempt to bring the Goods into conformity with the Contract
the defect in performance is so serious that an immediate price reduction or the immediate termination of the sales contract is justified, or
the Seller has not undertaken to bring the Goods into conformity with the Contract, or it is evident from the circumstances that the business will not bring the Goods into conformity with the Contract within a reasonable time or without significant inconvenience to the Consumer.
If the Consumer wishes to terminate the sales contract on the ground of defective performance, the burden of proving that the defect is insignificant shall rest on the Seller.
The Consumer is entitled to withhold the remaining part of the purchase price – in proportion to the gravity of the breach of contract – in whole or in part until the Seller fulfils its obligations relating to the conformity of performance with the Contract and to defective performance.
It is a generally applicable rule that:
the Seller must, at its own expense, take back the replaced Goods
if the repair or replacement requires the removal of Goods that were installed, in accordance with their nature and purpose, before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming Goods and the installation of the replacement or repaired Goods, or the bearing of the costs of removal and installation.
The reasonable period available for the repair or replacement of the Goods shall run from the time at which the Consumer notified the business of the defect.
The Consumer must make the Goods available to the business in order for the repair or replacement to be carried out.
A reduction of the consideration is proportionate if its amount equals the difference between the value of the Goods that the Consumer would have been entitled to receive had performance been in conformity with the Contract and the value of the Goods actually received by the Consumer.
The Consumer’s right under the warranty for defects to terminate the sales contract may be exercised by a legal declaration addressed to the Seller expressing the decision to terminate.
If the defective performance affects only a specified part of the Goods supplied under the sales contract, and the conditions for exercising the right of termination 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 that conform to the Contract.
If the Consumer terminates the sales contract in its entirety, or in respect of part of the Goods supplied under the sales contract, then
the Consumer must return the Goods concerned to the Seller at the Seller’s expense, and
the Seller must without delay refund to the Consumer the purchase price paid in respect of the Goods concerned, as soon as it has received the Goods or the proof supporting the return of the Goods.
The Seller is obliged to draw up a record of the warranty claim notified to it by the Consumer, and must without delay provide the Consumer with a copy of it in a verifiable manner.
If the Seller, being a business, is unable to state at the time the claim is notified whether the Consumer’s warranty claim can be fulfilled, it is obliged to inform the Consumer of its position – and, in the case of rejection of the claim, of the reason for the rejection and of the possibility of turning to the Conciliation Body – within five working days, in a verifiable manner.
The Seller must endeavour to carry out the repair or replacement within fifteen days at most. If the repair or replacement takes longer than fifteen days, the Seller, being a business, is obliged to inform the Consumer of the expected duration of the repair or replacement.
Within what time limit may you enforce your warranty claim?
You are obliged to notify the defect immediately after discovering it. A defect notified within two months of its discovery shall be deemed to have been notified without delay. However, please note that you may no longer enforce your rights under the warranty for defects after the two-year limitation period running from the performance of the Contract has expired.
The part of the repair period during which the Buyer is unable to use the Goods for their intended purpose shall not count towards the limitation period.
For the part of the Goods affected by replacement or repair, the limitation period of the warranty claim starts anew. This rule shall also apply where a new defect arises as a consequence of the repair.
Against whom may you enforce your warranty claim?
You may enforce your warranty claim against the Seller.
What other conditions apply to the exercise of your rights under the warranty for defects?
Within one year of performance, the only condition for enforcing your warranty claim, beyond notifying the defect, is that you prove that the Goods were supplied by the Seller. After one year has elapsed from performance, however, you are obliged to prove that the defect you have discovered already existed at the time of performance.
Special rules on warranty claims in the case of the supply of digital content
The Consumer is also entitled – in proportion to the gravity of the breach of contract – to claim a proportionate reduction of the consideration or to terminate the contract for the supply of digital content if
repair or replacement is impossible, or would cause the Seller disproportionate additional costs;
where the right under the warranty for defects to repair or replacement is exercised, the Seller does not bring the performance into conformity with the Contract, free of charge, within a reasonable time from the Consumer’s notification of the defect and without significant inconvenience to the Consumer, having regard to the nature and purpose of the digital content or digital service;
a further defect in performance has arisen, despite the business’s attempt to bring the Goods into conformity with the Contract;
the defect in performance is so serious that an immediate price reduction or the immediate termination of the Contract is justified; or
the Seller has not undertaken to bring the service into conformity with the Contract, or it is evident from the circumstances that the business will not bring the service into conformity with the Contract within a reasonable time or without significant inconvenience to the Consumer.
Where the right under the warranty for defects to repair or replacement is exercised, the Seller is obliged to bring the performance into conformity with the Contract, free of charge, within a reasonable time from the Consumer’s notification of the defect and without significant inconvenience to the Consumer, having regard to the nature and purpose of the digital content or digital service.
Where the right under the warranty for defects to repair or replacement is exercised, the Seller may, depending on the technical characteristics of the digital content, choose the manner in which the digital content is brought into conformity with the Contract.
A reduction of the consideration is proportionate if its amount equals the difference between the value of the service that the Consumer would have been entitled to receive had performance been in conformity with the Contract and the value of the service actually provided to the Consumer.
If the Contract provides for a continuous service supplied over a specified period, the proportionate reduction of the consideration must relate to the period during which the service was not in conformity with the Contract.
If the Consumer wishes to terminate the Contract on the ground of defective performance, the burden of proving that the defect is insignificant shall rest on the Seller.
If the Seller supplies digital content or undertakes to do so, and the Consumer provides exclusively personal data, or undertakes to provide such data to the Seller, the Consumer is entitled to terminate the Contract even where the defect is insignificant, but may not claim a proportionate reduction of the consideration.
The Consumer’s right under the warranty for defects to terminate the Contract may be exercised by a legal declaration addressed to the Seller expressing the decision to terminate.
If the Seller fails to perform, the Consumer is obliged to call upon the Seller to perform. If, despite the Consumer’s call, the Seller fails to supply or provide the digital content without delay or within an additional period accepted by the Parties, the Consumer may terminate the Contract.
The Consumer may terminate the Contract without calling upon the Seller to perform if
the Seller did not undertake to supply the digital content, or it is evident from the circumstances that the Seller will not supply the digital content; or
it is evident from the agreement of the parties or from the circumstances of the conclusion of the contract that performance at a specified time is essential for the Consumer, and the Seller fails to perform at that time.
Upon termination of the Contract, the Seller shall refund the full amount paid by the Consumer as consideration.
However, if performance was in conformity with the Contract for a certain period before the termination of the Contract, the consideration due for that period need not be refunded. In the latter case, the part of the consideration that relates to the period of non-conforming performance shall be refunded, together with any consideration paid in advance by the Consumer that would have been due for the remaining duration of the Contract had the Contract not been terminated.
Where the Consumer is entitled to a proportionate reduction of the price or to terminate the Contract, the Seller shall perform its refund obligation without delay, and in any event within fourteen days of becoming aware of the exercise of that right.
The business shall refund the amount due to the Consumer using the same payment method as that used by the Consumer. With the Consumer’s express consent, the Seller may use a different payment method for the refund, but the Consumer shall not incur any additional charge as a result.
The costs relating to the refund shall be borne by the Seller.
Upon termination of the Contract, the Seller may prevent the Consumer from continuing to use the digital content, in particular by making the digital content or digital service inaccessible to the Consumer or by disabling the Consumer’s user account.
Upon termination of the Contract, the Consumer shall refrain from using the digital content and from making it available to third parties.
Where the digital content was supplied on a physical data carrier, the Consumer shall, upon the Seller’s request communicated within fourteen days of the Seller becoming aware of the termination, return the physical data carrier without delay, at the Seller’s expense.
For the use of the digital content during the period preceding the termination of the Contract, the Consumer shall pay a fee proportionate to the service performed in conformity with the Contract.
Product liability warranty
In what cases may you exercise your right under the product liability warranty?
In the event of a defect in a movable item (Goods), you may, at your choice, enforce either a claim under the warranty for defects (statutory liability) or a claim under the product liability warranty, in accordance with the rules of the Civil Code.
What rights do you have under a product liability warranty claim?
As a product liability warranty claim, you may request the repair or replacement of the defective Goods.
When are the Goods considered defective?
The Goods are defective if they do not meet the quality requirements in force at the time they were placed on the market, or if they do not have the characteristics set out in the description provided by the manufacturer.
Within what time limit may you enforce your product liability warranty claim?
You may enforce your product liability warranty claim within two years of the Goods being placed on the market by the manufacturer. After this time limit has expired, you lose this entitlement.
Against whom may you enforce your product liability warranty claim?
You may exercise your product liability warranty rights against the producer or distributor of the product (hereinafter together: the manufacturer).
What rule on the burden of proof applies when a product liability warranty claim is enforced?
When enforcing a product liability warranty claim, you must prove that the defect of the product existed at the time the manufacturer placed it on the market.
In what cases is the manufacturer released from its product liability warranty obligation?
The manufacturer is released from its product liability warranty obligation if it can prove that:
it did not manufacture or place the Goods on the market in the course of its business activity, or
the defect was not detectable at the time the Goods were placed on the market in light of the state of scientific and technical knowledge, or
the defect in the Goods results from the application of a legal provision or a mandatory requirement of an authority.
It is sufficient for the manufacturer to prove one reason in order to be released.
Please note that, in respect of the same defect, you may enforce a claim under the warranty for defects against the business and a claim under the product liability warranty against the manufacturer simultaneously and in parallel. If your product liability warranty claim is successfully enforced, you may subsequently enforce your claim under the warranty for defects in respect of the replaced product or the part of the product affected by the repair only against the manufacturer.
Guarantee
The Seller does not sell products subject to a mandatory guarantee; the products sold by it do not fall within the scope of Government Decree 151/2003. (IX. 22.) on the mandatory guarantee for certain durable consumer goods.
Information on the product liability warranty and the warranty for defects relating to the conformity of goods in the case of Buyers who are not Consumers
General rules on rights under the warranty for defects
A Buyer who is not a Consumer may, at its choice, assert the following claims under the warranty for defects:
You may request repair or replacement, unless fulfilling the claim you have chosen is impossible or would entail disproportionate additional costs for the Seller compared with fulfilling your other claim. If you have not requested, or could not request, repair or replacement, you may claim a proportionate reduction of the consideration, or the Buyer may have the defect repaired at the Seller’s expense, or have it repaired by another person, or, as a last resort, withdraw from the Contract.
You may switch from your chosen right under the warranty for defects to another one, but you shall bear the cost of the switch, unless it was justified or the Seller gave cause for it.
In the case of buyers who are not Consumers, the time limit for enforcing rights under the warranty for defects is 1 year, starting on the day of performance (handover).
Product liability warranty and Guarantee
The product liability warranty and the mandatory guarantee apply only to buyers who are Consumers.
Where the manufacturer provides a manufacturer’s guarantee for the Goods that also extends to buyers who are not Consumers, it may be enforced directly against the manufacturer.
Special rules for micro, small and medium-sized enterprises
The provisions of this section apply exclusively to micro, small and medium-sized enterprises within the meaning of the Act on small and medium-sized enterprises and the promotion of their development (hereinafter: SMEs) that act outside the scope of their profession, independent occupation or business activity.
Warranty for defects in the case of SMEs
Within what time limit may you enforce your claim under the warranty for defects?
You are obliged to notify the defect without delay after discovering it. A defect notified within two months of its discovery shall be deemed to have been notified without delay. However, please note that you may no longer enforce your rights under the warranty for defects after the two-year limitation period running from the performance of the Contract has expired.
Against whom may you enforce your claim under the warranty for defects?
You may enforce your claim under the warranty for defects against the Seller.
What rights do you have under your claim under the warranty for defects?
You may, at your choice, assert the following claims under the warranty for defects:
You may request repair or replacement, unless fulfilling the claim you have chosen is impossible or would entail disproportionate additional costs for the Seller compared with fulfilling your other claim. If you have not requested, or could not request, repair or replacement, you may claim a proportionate reduction of the consideration or, as a last resort, withdraw from the Contract.
Within 6 months of performance, the enforcement of your claim under the warranty for defects is subject to no condition other than notification of the defect, provided that you prove that the Goods were supplied by the Seller. After 6 months from performance, however, you are obliged to prove that the defect you have identified already existed at the time of performance.
Product liability warranty in the case of SMEs
In what cases may you exercise your right under the product liability warranty?
In the event of a defect in a movable item (Goods), you may, at your choice, enforce either a claim under the warranty for defects (statutory liability) or a claim under the product liability warranty, in accordance with the rules of the Civil Code.
What rights do you have under your product liability warranty claim?
As a product liability warranty claim, you may request the repair or replacement of the defective Goods.
Within what time limit may you enforce your product liability warranty claim?
You may enforce your product liability warranty claim within two years of the Goods being placed on the market by the manufacturer. After this time limit has expired, you lose this entitlement.
Against whom may you enforce your product liability warranty claim?
You may exercise your product liability warranty rights against the producer or distributor of the product (hereinafter together: the manufacturer).
In what cases is the manufacturer released from its product liability warranty obligation?
The manufacturer is released from its product liability warranty obligation if it can prove that:
it did not manufacture or place the Goods on the market in the course of its business activity, or
the defect was not detectable at the time the Goods were placed on the market in light of the state of scientific and technical knowledge, or
the defect in the Goods results from the application of a legal provision or a mandatory requirement of an authority.
It is sufficient for the manufacturer to prove one reason in order to be released.