Information on the consumer buyer's right of withdrawal
According to Section 8:1, Paragraph 1, Point 3 of the Civil Code, only a natural person acting outside the scope of his profession, independent occupation or business activity is considered a consumer, so legal entities cannot exercise the right of withdrawal without justification!
The consumer has the right to withdraw from the contract without giving any reason in accordance with Section 20 of Government Decree 45/2014 (II. 26.). The consumer may exercise his right of withdrawal
a) In the case of a contract for the sale of Goods , aa) the Goods, b) in the case of the sale of several Goods, if the individual Goods are provided at different times, the last Goods provided,
The consumer or a third party designated by the consumer, other than the carrier, may exercise the right of withdrawal within a period of 14 days from the date of receipt of the goods.
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 written in the law.
The provisions of this clause do not affect the consumer's right to exercise the right of withdrawal specified in this clause during the period between the date of conclusion of the contract and the date of receipt of the Goods.
If the consumer has made an offer to conclude the contract, the consumer has the right to withdraw the offer before the contract is concluded, which terminates the binding nature of the offer for the conclusion of the contract.
Declaration 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 a clear declaration to this effect or by using a declaration template that can be downloaded from the website.
Validity of the consumer's declaration of withdrawal
The right of withdrawal shall be deemed to have been exercised within the deadline if the consumer sends his/her declaration within the deadline. The deadline is 14 days.
In the case of written withdrawal or termination, it is sufficient to send the withdrawal or termination statement 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 written in the law.
The consumer shall bear the burden of proving that he has exercised his right of withdrawal in accordance with this provision.
The Seller is obliged to confirm the consumer's withdrawal statement on an electronic data medium upon its receipt.
The Seller's obligations in the event of the consumer's withdrawal
Seller's refund obligation
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 after the date on which the consumer became aware of the withdrawal. Please note that this provision does not apply to additional costs incurred by choosing a method of transport other than the least expensive standard method of transport.
Method of the Seller's refund obligation
In the event 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 manner 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 any delay resulting from the incorrect and/or inaccurate bank account number or postal address provided by the Consumer.
Additional costs
If the consumer expressly chooses a method of transport other than the least expensive standard method of transport, the Seller is not obliged to reimburse the resulting additional costs. In such a case, we are obliged to reimburse up to the amount of the indicated general shipping rates.
Right of retention
The Seller may withhold the amount due to the Consumer until the Consumer has returned the Goods or has proven beyond doubt that they have been returned; whichever is earlier. We are unable to accept shipments sent by cash on delivery or courier.
In the event of withdrawal or termination of the consumer's obligations
Return of 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 date of notification of withdrawal, or to hand them over to the Seller or to a person authorized by the Seller to receive the Goods. The return is deemed to have been completed within the deadline if the consumer sends the Goods before the expiry of the deadline.
Bearing direct costs related to the return of the Goods
The consumer bears the direct cost of returning the Goods. The Goods must be returned to the Seller's address. If the consumer terminates a contract for the provision of services concluded outside the business premises or between distant parties after the commencement of performance, he is obliged to pay the enterprise a fee proportional to the services provided up to the date of notification of the termination to the enterprise. The amount to be paid by the consumer in proportion shall be determined on the basis of the total amount of the consideration agreed in the contract plus tax. If the consumer proves that the total amount thus determined is excessive, the proportional amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. Please note that we are unable to accept Goods returned by cash on delivery or by post.
Consumer liability for depreciation
The consumer is liable for any depreciation resulting from use exceeding that necessary to establish the nature, properties 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 the cases set out in Section 29 (1) of Government Decree 45/2014 (II.26.):
- after the service has been fully performed, however, if a contract creates a payment obligation for the consumer, this exception can only be invoked if the performance has begun with the consumer's express prior consent and the consumer's acknowledgement that he will lose his right of withdrawal as soon as the business has fully performed the contract;
- in respect of a Product or service whose price or fee cannot be influenced by the financial market undertaking and is subject to possible fluctuations during the period specified for exercising the right of withdrawal;
- in the case of non-prefabricated Goods that have been produced to the consumer's instructions or at his express request, or in the case of Goods that have been clearly tailored to the consumer;
- with regard to Goods that are perishable or have a short shelf life;
- in respect of Goods in sealed packaging which, for health or hygiene reasons, cannot be returned after opening after delivery;
- in respect of Goods which, by their nature, are inseparably mixed with other Goods after delivery;
- in respect of an alcoholic beverage whose actual value depends on market fluctuations in a way that cannot be influenced by the undertaking, and whose price was agreed upon by the parties when concluding the sales contract, but the contract is only fulfilled after the thirtieth day from the 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 repairs or maintenance work;
- in relation to the sale and purchase of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery;
- with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;
- in the case of contracts concluded at public auction;
- in the case of a contract for the provision of accommodation, other than housing services, transport, car rental, catering or services related to leisure activities, if a deadline or time limit specified in the contract has been stipulated;
- with regard to digital content provided on a non-tangible medium, if the Seller has commenced performance with the express prior consent of the consumer, and the consumer has simultaneously declared his acknowledgement of the fact that he will lose his right of withdrawal after commencement of performance, and the business has sent a confirmation to the consumer.
Information on product warranties and warranties regarding the guarantee of conformity of goods in relation to consumer contracts
This section of the consumer information has been prepared on the basis of the authorization of Section 9 (3) of Government Decree 45/2014 (II.26.) and taking into account Annex 3 to Government Decree 45/2014 (II.26.)
The Consumer Information applies exclusively to Buyers who are considered consumers; the rules applicable to buyers who are not considered consumers are included in a separate chapter.
Requirements for performance in accordance with the contract in the case of a consumer contract
Requirements for conformity with the contract generally apply to goods sold under a consumer contract and goods containing a digital element
The Goods and the performance must comply with the requirements set out in Government Decree 373/2021. (VI.30.) at the time of performance.
For the performance to be considered in accordance with the contract, the Goods that are the subject of the contract must
- must comply with the description, quantity, quality, type and functionality, compatibility, interoperability and other characteristics specified in the contract
- must be suitable for any purpose specified by the consumer, which the consumer has brought to the attention of the Seller at the latest when concluding the contract and which the Seller has accepted
- must have all accessories, user manuals - including commissioning instructions, installation instructions and customer service support - specified in the contract, and
- must provide the updates specified in the contract.
In order for the performance to be considered in accordance with the contract - furthermore - the Goods that are the subject of the contract
- must be suitable for the purposes prescribed by law, technical standard or, in the absence of a technical standard, the applicable code of conduct for the same type of Goods
- must have the quantity, quality, performance and other characteristics that the Consumer can reasonably expect - in particular in terms of functionality, compatibility, accessibility, continuity and safety - which are customary for Goods of the same type, taking into account any public statement made by the Seller, its representative or another person involved in the distribution chain regarding the specific characteristics of the Goods, in particular in an advertisement or on a label
- must have the accessories and instructions that the consumer can reasonably expect - including packaging and installation instructions - and
- must comply with the characteristics and description of the Goods presented by the company as a sample, model or made available as a trial version 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 the public statement and did not need to know it
- the public statement has been appropriately corrected by the time the contract is concluded, or
- the public statement could not have influenced the decision of the entitled person to conclude a contract.
Requirements for performance in accordance with the contract in the case of the sale of goods sold under a consumer contract
The Seller shall perform defectively if the defect in the goods results from improper installation, provided that:
a) the commissioning is part of the sales contract and was carried out by the Seller or under the Seller's responsibility; or
b) the installation had to be carried out by the consumer and the improper installation is the result of deficiencies in the installation instructions provided by the Seller - or, in the case of goods containing digital elements, by the provider of the digital content or digital service.
If, according to the sales contract, the goods are put into operation by the Seller or the putting into operation takes place under the Seller's responsibility, the performance shall be deemed to be completed by the Seller when the putting into operation is completed.
If, in the case of goods containing digital elements, the sales contract provides for the continuous provision of digital content or a digital service over a specified period of time, the Seller is liable for a defect in the digital content of the goods if the defect occurs or becomes detectable within two years of the performance of the goods in the case of continuous provision for a period not exceeding two years.
Requirements for conformity with the contract for goods containing digital elements sold under a consumer contract
In the case of goods containing digital elements, the Seller must ensure that the consumer is notified of updates to the digital content of the goods or the digital service related to them, including security updates, which are necessary to maintain the conformity of the goods with the contract, and must ensure that the consumer receives them.
The Seller is obliged to make the update available if the purchase contract
- provides for a one-off supply of the digital content or digital service, then the consumer can reasonably expect it to do so, taking into account the type and purpose of the goods and digital elements, the individual circumstances and the nature of the contract; or
- If the digital content provides for continuous provision over a specified period, then in the case of continuous provision not exceeding two years, it must be provided for a period of two years from the date of delivery of the goods.
If the consumer fails to install the updates made available within a reasonable time, the Seller shall not be liable for any defect in the goods if it results solely from the failure to apply the relevant update, provided that:
a) the Seller has informed the consumer about the availability of the update and the consequences of the consumer's failure to install it; and
b) the failure of the consumer to install the update or the incorrect installation of the update by the consumer is not due to a deficiency in the installation instructions provided by the Seller.
Defective performance cannot be established if, at the time of concluding the contract, the consumer was specifically informed that a specific property of the goods differs from that described here, and the consumer separately and expressly accepted this difference at the time of concluding the sales contract.