GENERAL TERMS AND CONDITIONS (GTC)
brodo.hu - effective from this date: 2026-01-04
Preamble
Welcome to our website! Thank you for your trust in us for your purchase!
If you have any questions regarding these General Terms and Conditions, the use of the website, specific products, or the purchasing process, or if you would like to discuss a custom request with us, please contact our staff using the provided contact details!
Imprint: Details of the Service Provider (Seller, Enterprise)
Name:
BRODO HUNGARY Limited Liability Company (Korlátolt Felelősségű Társaság)
Registered office: Hungary HU 1161 Budapest, József utca 162
Mailing address: Hungary HU 1161 Budapest, József utca 162
Tax number:
27070721-2-42
Representative: Ferenc Szlávik
Phone number:
+36209455851
E-mail: ferenc.szlavik@brodo.hu
Website: brodo.hu
Hosting Provider Details
Name: ErdSoft Kft. (doo)
Registered office: Serbia, Subotica, Zombori út 33a.
Contact: +381 60 446 05 53 info@sellvio.com
Website: sellvio.com
Definitions
Goods: intended for sale on the Website, featured in the Website's offer:
- movable property, including water, gas, and electricity supplied in a limited volume or set quantity in a tank, bottle, or otherwise, and
- movable property that incorporates or is interconnected with digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions (hereinafter: goods with digital elements)
Goods with digital elements: movable property that incorporates or is interconnected with digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions
Digital content: data produced and supplied in digital form
Parties: Seller and Buyer jointly
Consumer: a natural person acting for purposes which are outside their trade, business, craft, or profession, who buys, orders, receives, uses, or utilizes goods or is the recipient of commercial communications or offers related to the goods. For the application of the rules on the conciliation board – with the exception of the application of 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 – a consumer is also defined as a non-governmental organization, ecclesiastical legal entity, condominium, or housing cooperative acting for purposes outside its independent profession and economic activity, which buys, orders, receives, uses, or utilizes goods or is the recipient of commercial communications or offers related to the goods. Within the internal market, for the application of 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 [hereinafter: Regulation (EU) 2018/302], an enterprise qualifying as a customer under Regulation (EU) 2018/302 is also considered a consumer.
Consumer contract: a contract where one of the subjects qualifies as a consumer
Functionality: the ability of goods with digital elements, digital content, or a digital service to perform their functions according to their purpose
Manufacturer: the producer of the Goods, in the case of imported Goods the importer bringing the Goods into the territory of the European Union, and any person who presents themselves as a manufacturer by affixing their name, trademark, or other distinguishing mark on the Goods
Interoperability: the ability of goods with digital elements, digital content, or a digital service to function with hardware or software different 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 for modification – 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 concluding the contract
Contract: the sales contract concluded between the Seller and the Buyer using the Website and electronic mail
Durable medium: any instrument which enables the consumer or the enterprise to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored
Means of distance communication: any means capable of making a contractual statement in the absence of the parties – for the purpose of concluding a contract. Such means include in particular addressed or unaddressed printed matter, standard letters, press advertisements with order forms, catalogs, telephones, faxes, and devices providing internet access
Distance contract: a consumer contract concluded under an organized distance sales or service-provision scheme without the simultaneous physical presence of the parties, where the contracting parties use only means of distance communication up to and including the time at which the contract is concluded
Enterprise (Business): a person acting within the scope of their trade, independent profession, or business activity
Buyer/You: the person concluding the contract who makes an offer to purchase via the Website
Guarantee: In the case of contracts concluded between a consumer and an enterprise (hereinafter: consumer contract) according to the Civil Code,
- the guarantee undertaken for the performance of the contract, which the enterprise voluntarily undertakes beyond its statutory obligation or in the absence thereof for the proper performance of the contract, and
- the mandatory guarantee based on law
Purchase price: the consideration payable for the Goods and for the supply of digital content.
Applicable Laws
The Contract is governed by the provisions of Hungarian law, and in particular the following legislation applies:
- Act CLV of 1997 on Consumer Protection
- Act CVIII of 2001 on certain issues of electronic commerce services and information society services
- Act V of 2013 on the Civil Code
- Government Decree 151/2003 (IX.22.) on the mandatory guarantee for durable consumer goods
- Ministry of Justice Decree 10/2024 (VI.28.) on the determination of the scope of durable consumer goods subject to mandatory guarantee
- Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and enterprises
- Ministry for National Economy Decree 19/2014 (IV.29.) on the procedural rules for managing warranty and guarantee claims for items sold under a contract between a consumer and an enterprise
- Act LXXVI of 1999 on Copyright
- Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information
- REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
- REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
- Government Decree 373/2021. (VI. 30.) on the detailed rules of contracts between consumers and enterprises for the sale of goods, the supply of digital content, and the provision of digital services
Scope and Acceptance of the GTC
The content of the contract concluded between us – in addition to the provisions of the relevant binding legislation – is determined by these General Terms and Conditions (hereinafter: GTC). Accordingly, these GTC contain the rights and obligations of You and us, the conditions for concluding the contract, delivery deadlines, delivery and payment terms, liability rules, and the conditions for exercising the right of withdrawal.
Technical information necessary for using the Website, which is not included in these GTC, is provided by other information available on the Website.
You must familiarize yourself with the provisions of these GTC before finalizing your order.
Language and Form of the Contract
The language of the contracts falling under the scope of these GTC is Hungarian.
Contracts falling under the scope of these GTC do not qualify as written contracts, and they are not filed by the Seller.
E-invoice
Our Company uses electronic invoices in accordance with Section 175 of Act CXXVII of 2007. By accepting these GTC, you give your consent to the use of electronic invoices.
Prices
Prices are indicated in HUF and include 27% VAT. The possibility that the Seller may modify the prices for business policy reasons cannot be excluded. Price modifications do not apply to contracts already concluded. If the Seller has displayed an incorrect price, and an order has been received for the Goods, but the parties have not yet concluded a contract, the Seller will act based on the "Procedure for incorrect price" section of the GTC.
Procedure for Incorrect Price
An obviously incorrectly indicated price includes:
- 0 HUF price,
- A price reduced by a discount, but incorrectly calculated compared to the discount percentage shown next to the original price (e.g., in the case of a 1000 HUF Good, displaying a 20% discount but incorrectly offering it for 500 HUF based on a miscalculation instead of the correct 800 HUF).
In the event of displaying an incorrect price, the Seller offers the opportunity to purchase the Goods at the correct price, knowing which the Buyer can decide whether to order the Goods at the correct price or cancel the order without any adverse legal consequences.
Complaint Handling and Enforcement Options
The consumer may submit their complaints (consumer complaints under the Consumer Protection Act) directed at eliminating individual legal or interest violations regarding the implied warranty, product warranty, or guarantee claims related to the Goods, or the conduct, activity, or omission of the Seller or a person acting in the interest or on behalf of the Seller directly related to the distribution or sale of the goods to consumers via the following contacts and methods:
- In writing through the following website: brodo.hu
- In writing via the following email address: ferenc.szlavik@brodo.hu
- In writing by post: 1161 Budapest, József utca 162
The Seller must handle the consumer's implied warranty, product warranty, or guarantee claim not according to the rules of the Consumer Protection Act regarding consumer complaints, but according to separate legislation.
The consumer may communicate their complaint under the Consumer Protection Act to the enterprise verbally or in writing – with the exception of implied warranty, product warranty, or guarantee claims. This complaint must be directed at eliminating an individual legal or interest violation concerning the conduct, activity, or omission of the enterprise or a person acting in its interest or on its behalf, directly related to the distribution or sale of the goods to consumers.
The enterprise must examine the verbal complaint immediately and remedy it as necessary. If the consumer disagrees with the handling of the complaint, or the immediate investigation of the complaint is not possible, the enterprise must immediately take minutes of the complaint and its position on it, and hand over a copy of it to the consumer locally in the case of a verbal complaint communicated in person. In the case of a verbal complaint communicated by telephone or other electronic communications service, it must be sent to the consumer no later than within 30 days - simultaneously with the substantive response - in accordance with the requirements for responding to written complaints. Otherwise, regarding written complaints, it must proceed as follows.
The enterprise must respond to the written complaint in writing in a substantively verifiable manner within thirty days of its receipt and take steps to communicate it, unless directly applicable EU legal acts provide otherwise. In the event of rejecting the complaint, the enterprise must inform the consumer in writing about which authority or conciliation board procedure they may initiate with their complaint – depending on its nature. The information must also include the headquarters, telephone and internet contact details, and mailing address of the competent authority or the conciliation board according to the consumer's place of residence or stay. The information must also cover whether the enterprise has made a general declaration of submission concerning the decision of the Conciliation Board.
If any consumer dispute between the Seller and the consumer is not settled during negotiations, the following enforcement options are open to the consumer:
Consumer Protection Procedure
Filing a complaint with the consumer protection authorities is possible. If the consumer detects a violation of their consumer rights, they are entitled to file a complaint with the consumer protection authority competent for their place of residence. Following the evaluation of the complaint, the authority decides on conducting the consumer protection procedure. The consumer protection first-instance official tasks are performed by the capital and county government offices competent for the consumer's place of residence; their list can be found here: http://www.kormanyhivatalok.hu/
Court Procedure
The customer is entitled to enforce their claim arising from a consumer dispute before a court within the framework of civil proceedings according to the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
Conciliation Board Procedure
If we reject your consumer complaint, you are entitled to turn to the Conciliation Board competent for your place of residence or stay, or the Conciliation Board designated by you in the application. The condition for initiating the procedure of the conciliation board is that the consumer attempts to settle the dispute directly with the affected enterprise.
The conciliation board – unless the consumer requests a personal hearing – holds the hearing in an online format via an electronic device simultaneously providing audio and video transmission without personal presence (hereinafter: online hearing).
The enterprise has an obligation to cooperate in the conciliation board procedure; within this framework, we are obliged to send our response document to the conciliation board within the deadline upon the call of the conciliation board. With the exception of the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, the enterprise must ensure the participation of a person authorized to conclude a settlement at the hearing. The authorized representative of the enterprise must participate online at the online hearing. If the consumer requests a personal hearing, the authorized representative of the enterprise must participate in the hearing at least online.
More information about the Conciliation Boards is available here: https://www.bekeltetes.hu
Contact details of the territorially competent Conciliation Boards:
| Budapest Conciliation Board Headquarters: Budapest Area of competence: Budapest Contact: Address: 1016 Budapest, Krisztina krt. 99. I. em. 111. Mailing address: 1253 Budapest, Pf.:10. Phone: 06-1-488-2131 E-mail: bekelteto.testulet@bkik.hu Website: bekeltet.bkik.hu |
Baranya County Conciliation Board Headquarters: Pécs Area of competence: Baranya County, Somogy County, Tolna County Contact: Address: 7625 Pécs, Majorossy I. u. 36. Phone: 06-72-507-154 E-mail: info@baranyabekeltetes.hu Website: baranyabekeltetes.hu |
| Borsod-Abaúj-Zemplén County Conciliation Board Headquarters: Miskolc Area of competence: Borsod-Abaúj-Zemplén County, Heves County, Nógrád County Contact: Address: 3525 Miskolc, Szentpáli u. 1. Phone: 06-46-501-091 E-mail: bekeltetes@bokik.hu Website: bekeltetes.borsodmegye.hu |
Csongrád-Csanád County Conciliation Board Headquarters: Szeged Area of competence: Békés County, Bács-Kiskun County, Csongrád-Csanád County Contact: Address: 6721 Szeged, Párizsi krt. 8-12. Phone: 06-62-549-392 E-mail: bekelteto.testulet@cskik.hu Website: bekeltetes-csongrad.hu |
| Fejér County Conciliation Board Headquarters: Székesfehérvár Area of competence: Fejér County, Komárom-Esztergom County, Veszprém County Contact: Address: 8000 Székesfehérvár, Hosszúsétatér 4-6. Phone: 06-22-510-310 E-mail: bekeltetes@fmkik.hu Website: www.bekeltetesfejer.hu |
Győr-Moson-Sopron County Conciliation Board Headquarters: Győr Area of competence: Győr-Moson-Sopron County, Vas County, Zala County Contact: Address: 9021 Győr, Szent István út 10/a. Phone: 06-96-520-217 E-mail: bekelteto.testulet@gymsmkik.hu Website: bekeltetesgyor.hu |
| Hajdú-Bihar County Conciliation Board Headquarters: Debrecen Area of competence: Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County Contact: Address: 4025 Debrecen, Vörösmarty u. 13-15. Phone: 06-52-500-710 E-mail: bekelteto@hbkik.hu Website: hbmbekeltetes.hu |
Pest County Conciliation Board Headquarters: Budapest Area of competence: Pest County Contact: Address: 1055 Budapest, Balassi Bálint u. 25. IV/2. Phone: 06-1-792-7881 E-mail: pmbekelteto@pmkik.hu Website: panaszrendezes.hu |
Conciliation Board Procedure for Persons Not Qualifying as Consumers
Under the Consumer Protection Act, for the purposes of the Conciliation Board procedure, a consumer is also considered to be a non-governmental organization, ecclesiastical legal entity, condominium, or housing cooperative acting for purposes outside its independent profession and economic activity, which buys, orders, receives, uses, or utilizes goods, or is the recipient of commercial communications or offers related to the goods.
The Conciliation Board is entitled to verify and examine the existence of consumer status. The rules written under the Conciliation Board apply to the rules of the procedure.
Online Dispute Resolution Platform
The European Commission has created a website where consumers can register, thus giving them the opportunity to settle their online shopping-related disputes through it by filling out an application, avoiding court proceedings. This way, consumers can enforce their rights without, for example, distance preventing them from doing so.
If you wish to make a complaint regarding a Good or service purchased online, and you do not necessarily want to go to court, you can use the online dispute resolution tool.
On the portal, you and the merchant against whom you have filed a complaint can jointly select the dispute resolution body you wish to entrust with handling the complaint.
The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN
Consumer Friendly Reviews
We inform Buyers that the Seller uses the Consumer Friendly (Fogyasztó Barát) review system on its Website. The review system does not allow the evaluation of individual Goods, but of the Seller (the webshop). Within the review system, the following technical measures ensure that only actual buyers can submit a review:
- The system operates independently of the webshop using it, in such a way that the review WIDGET pops up after the purchase, and the submitted reviews are stored by Fogyasztó Barát (JUTASA Kft.) in its own system.
- Submitting an opinion is also only possible in such a way that the actual buyer can write a review via an e-mail sent to the e-mail address provided to Fogyasztó Barát following the purchase.
The webshop using the review system has no technical possibility to delete either the evaluations or the opinions.
As a result of the above, the system only contains reviews and opinions of real buyers, and the system does not differentiate between positive and negative opinions; it displays both equally.
Partial Invalidity, Code of Conduct
If any point of the GTC is legally incomplete or invalid, the other points of the contract shall remain in effect, and the provisions of the relevant legislation shall apply instead of the invalid or incorrect part.
The Seller does not have a code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.
Information on the Operation of Goods with Digital Elements and Applicable Technical Protection Measures
The availability of the servers providing the data displayed on the website is over 99.9% annually. Regular backups are made of the entire data content, so in the event of a problem, the original data content can be restored. The data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data is stored with appropriate strength encryption, using hardware support built into the processor for their encoding.
Information on the Essential Characteristics of the Goods
Information on the essential characteristics of the Goods available for purchase on the website is provided in the descriptions accompanying the individual Goods.
Correction of Data Entry Errors - Responsibility for the Accuracy of Data Provided
During the ordering process, before finalizing the order, you constantly have the opportunity to modify the data you have entered (clicking the back button in the browser opens the previous page, so the entered data can be corrected even if you have already moved to the next page). Please note that it is your responsibility to ensure that the data you provide is entered accurately, as the Goods are invoiced and delivered based on the data provided by you. Please be aware that an incorrectly provided e-mail address or the storage saturation of the mailbox may result in the failure to deliver the confirmation and may prevent the conclusion of the contract. If the Buyer has finalized their order and discovers an error in the provided data, they must initiate the modification of their order within the shortest possible time. The Buyer can notify the Seller of the modification of the incorrect order via an e-mail sent from the e-mail address provided during the order or by a phone call.
Using the Website
Purchasing is not subject to registration.
Selecting the product
Under the "Products" menu on the website, you can choose from various product categories and subcategories, within which the products and their images can be found. By clicking on the products, you can view the photos taken of the product, the article number, a detailed description, as well as the price and other important information. In the event of a purchase, you must pay the price indicated on the website.
Adding to cart
After selecting the product, you have the opportunity to place the product in the cart, even in multiple copies, by clicking the "Add to Cart" button. Placing a product in the cart does not entail any purchase or payment obligation, as this does not yet qualify as an official purchase.
We recommend placing the product in the cart even if you are not yet sure whether you want to purchase the given product, as later you can review the selected products with one click, easily view them, and compare them on one screen. Until the order is finalized, by pressing the "Order" button, the contents of the cart can be freely modified. Products can be removed, new products can be added as desired, and the desired quantity can also be changed.
In the event that you place a product in the cart, a pop-up window appears with the message "The product has been added to your cart." If you do not wish to select more products, click the "Order" button; however, if you want to view the selected product or add more to the cart, click the "Continue Shopping" button!
Viewing the cart
By clicking the "Cart" icon at the top of the website, you can view and check the current contents of the cart. Here you have the opportunity to remove products and modify the quantity. The cart automatically updates the data and the total amount according to the changes. If you do not wish to add more products to the cart, click the "Cart" button, and you can continue the purchasing process.
Providing buyer data
By clicking the "Cart" button, you can view the full contents of the cart as well as the total amount of the selected products. If you wish to purchase the items, click the "Next Step" button. Following this, in the "Delivery Method" section, you can choose whether you want personal collection or to use a courier service. In the case of home delivery, you must also pay the delivery fee.
Under the "Shipping Address" section, you can choose whether you intend to order as a private individual or a legal entity; after this, fill in all necessary data, such as your country, postal code, city, address, name, and phone number. If you wish to order as a legal entity, it is also necessary to provide the company name, tax number, possibly registration number, and bank account. If you request delivery to a different address, remove the tick from the "Billing address matches shipping address" checkbox. This gives you the opportunity to provide a different address for shipping. Under the "Payment Method" section, you can choose between bank transfer/advance payment, cash/cash on delivery, and online credit card payment, provided these are available. Under the "Contact Email Address" section, you must provide your e-mail address, and in the "Comment" text box, you can optionally share further information.
Reviewing the order
After filling in the mentioned text boxes, you can finalize the order by clicking the "Order" button. If you want to modify the products, you can do so by clicking the "Back to Cart" text. However, if you are sure of the order, you must accept the general terms and conditions and the privacy policy before finalizing the purchase. In the case of credit card payment, the page 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 shipping and billing information, the contents of the cart, and the amount paid. Please note that these details can no longer be modified.
Finalizing the Order (Making an Offer)
If you are convinced that the contents of the cart correspond to the Goods you wish to order, and that your details are correct, you can conclude your order by clicking the "Order" 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 under the scope of these GTC, you are considered the offeror.
By pressing the "Order" button, you explicitly acknowledge that your offer must be considered made, and your declaration – in the event of the Seller's confirmation according to these GTC – entails a payment obligation. The Seller is obliged to confirm the receipt of your order to the Buyer electronically without delay. If this confirmation does not arrive at the Buyer within a reasonable period depending on the nature of the service from the sending of the Buyer's order, but no later than 48 hours, the Buyer is released from the offer bindingness or contractual obligation.
Order Processing, Formation of the Contract
Order processing takes place in two steps. You have the opportunity to place your order at any time. You will first receive an automated confirmation regarding the order, which merely records the fact that your order has been received through the website, but this confirmation does not constitute acceptance of your offer. If you notice that the automated confirmation email contains incorrect data (e.g., name, shipping address, phone number, etc.), you are obliged to notify us of this fact immediately via email – simultaneously providing the correct data. If you do not receive the automated confirmation email within 24 hours from placing your order, please contact us, as it is possible that your order did not reach our system due to technical reasons.
After sending your offer, the Seller will confirm your offer via a second e-mail. The contract is concluded when the confirmation e-mail sent by the Seller becomes accessible to you in your mail system (second confirmation, acceptance of the offer).
Procedure for Unreceived Packages
If the Buyer does not accept the ordered Goods delivered for shipping and does not indicate their intention of withdrawal without justification within the 14 days provided by law to the Seller, they breach their contract concluded with the Seller, based on which it is their obligation to accept the Goods and thereby accept the Seller's performance. In this case, the Seller will attempt a repeated delivery of the Goods, provided they can arrange this with the Buyer, but may make the repeated delivery subject to the payment of a delivery fee. If the repeated delivery is unsuccessful, or it 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 due to the breach of contract and enforce the cost of the unsuccessful outward and return delivery as a penalty against the Buyer. The Parties accept the use of the email used by the Buyer at the time of the order as a form of communication for the termination of the contract and stipulate that the time of communication of the termination is the time when the termination letter becomes accessible in the Buyer's email account.
Payment Methods
Bank Transfer
You can also settle the value of the Goods via bank transfer.
Cash on Delivery
If you wish to settle the value of the order upon receipt of the package, choose the "Cash on Delivery" payment method.
Cash Payment
You have the option to pay the price of the Goods and the delivery fee in cash upon receiving the Goods.
Cofidis Payment Method
Adapting to the development of online commerce, Cofidis provides its online consumer loan service uniquely on the domestic market, making consumer loan administration available for internet shoppers as well.
The Cofidis express online consumer loan is available 24 hours a day on the websites of partner stores, providing comfortable and secure online loan application with a user-friendly calculator, completion guide, and loan application forms.
How does it work?
- Place the Goods in the cart!
- Prepare your documents and fill out the online loan application form!
- In case of positive assessment, print the contract, or call the number below so we can mail the contract to you.
- Mail your contract and photocopies, and the delivery of the goods can start immediately.
The recording of the online loan application starts during the purchase in the webshop, after selecting the online consumer loan option as the payment method.
More information: https://www.cofidisbank.hu/aruhitel/online_aruhitel
Receipt Methods, Receipt Fees
Personal Collection
You can also pick up the ordered Goods in person at our office.
You are not charged any fee.
MPL Courier Service
Convenient and simple package collection option. You can pay by credit card or cash.
You can request delivery to your home address, or even your workplace. National coverage.
Two delivery attempts in the case of MPL Business parcel, which is included in the base fee.
More info: https://www.posta.hu/kuldemeny_erkezese/haznal_torteno_csomagkezbesites
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MPL Posta Pont (Postal Point)
Why is it worth ordering to a MOL - Coop PostaPont?
- Because most MOL PostaPonts are open 24 hours a day, and the majority of Coop PostaPonts are open 12 hours a day, so the package can be collected before and after work. You can check here which one is on your way.
- We will notify you by SMS or email of the arrival of the shipment, as you prefer.
- The collection points are easily accessible.
- Parking at gas stations is simple and free.
- You can also pay by credit card at MOL PostaPonts and most Coop PostaPonts.
The maximum weight of shipments is 20 kg.
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MPL Parcel Machine
Parcel Machines essentially consist of a user interface equipped with a screen and compartments of various sizes that hide the packages. Collection at Parcel Machines is fast - by entering the received code and our phone number, we immediately access our order. In addition, they are at our disposal 24 hours a day.
More info: https://www.posta.hu/csomagautomata
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Delivery Deadline
The general delivery deadline for the order is a maximum of 30 days from the confirmation of the order. In the event of a delay by the Seller, the Buyer is entitled to set an additional deadline. If the Seller does not perform within the additional deadline, the Buyer is entitled to withdraw from the contract. Any delivery deadline possibly deviating from the general delivery deadline for specific shipping methods is indicated in all cases.
Reservation of Rights, Retention of Title
If you have previously ordered Goods in such a way that you did not receive them during delivery (excluding the case where you exercised your right of withdrawal), or the Goods were returned to the seller with a "not sought" signal, the Seller binds the fulfillment of the order to the advance payment of the purchase price and delivery costs.
The Seller may withhold the handover of the Goods until they are convinced that the payment of the price of the Goods has been successful using the electronic payment solution (including the case where, for Goods paid by transfer, the Buyer transfers the purchase price in their Member State currency and due to conversion, as well as bank commissions and costs, the Seller does not receive the full amount of the purchase price and delivery fee). If the price of the Goods has not been fully paid, the Seller may call upon the Buyer to supplement the purchase price.
Sales Abroad
The Seller does not differentiate between Buyers within the territory of Hungary and outside it within the territory of the European Union through the use of the Website. In the absence of provisions to the contrary in these GTC, the Seller ensures the delivery/handover of the ordered Goods within the territory of Hungary.
The provisions of these GTC also apply to purchases outside Hungary, with the proviso that based on the provisions of the relevant regulation, a buyer is considered a consumer who is a citizen of a Member State, or has a place of residence in a Member State, or an enterprise that has a place of establishment in a Member State, and buys goods or avails services within the European Union solely for the purpose of end-use, or acts with such intent. A consumer is a natural person acting for purposes which are outside their commercial, industrial, craft, or professional activity.
The language of communication and purchasing 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 non-contractual requirements specified in the national law of the Buyer's Member State regarding the affected Goods, such as labeling or sector-specific requirements, or to inform the Buyer about these requirements.
In the absence of a provision to the contrary, the Seller applies Hungarian VAT for all Goods.
The Buyer may exercise their enforcement options in accordance with these GTC.
In the case of applying an electronic payment solution, the payment is realized in the currency determined by the Seller.
The Seller may withhold the handover of the Goods until they are convinced that the payment of the price of the Goods and the delivery fee has been successful and fully completed using the electronic payment solution (including the case where, for Goods paid by transfer, the Buyer transfers the purchase price (delivery fee) in their Member State currency and due to conversion, as well as bank commissions and costs, the Seller does not receive the full amount of the purchase price). If the price of the Goods has not been fully paid, the Seller may call upon the Buyer to supplement the purchase price.
In order to hand over the Goods, the Seller provides non-Hungarian Buyers with the same handover options available to Hungarian Buyers.
If, according to the GTC, the Buyer can request the delivery of the Goods to the territory of Hungary, or to the territory of any other European Union Member State, a non-Hungarian buyer can also request this by any shipping method indicated in the GTC.
If, according to the GTC, the Buyer can choose to collect the Goods in person from the Seller, a non-Hungarian Buyer can also exercise this option.
Otherwise, the Buyer may request to arrange the delivery of the Goods abroad at their own expense. Hungarian Buyers do not have this right.
The Seller fulfills the order after the payment of the delivery fee; if the Buyer does not pay the delivery fee to the Seller, or does not arrange their own delivery by the pre-agreed time, the Seller terminates the contract and refunds the prepaid purchase price to the Buyer.
Consumer Information
Information on the Right of Withdrawal for Consumer Buyers
According to Section 8:1 (1) point 3 of the Civil Code, a consumer is only a natural person acting outside the scope of their profession, independent occupation, or business activity, therefore legal entities cannot exercise the right of withdrawal without justification!
According to Section 20 of Government Decree 45/2014 (II. 26.), the consumer is entitled to the right of withdrawal without justification. The consumer may exercise their right of withdrawal
a) in the case of a contract for the sale of Goods
aa) for the Goods,
ab) in the case of buying multiple Goods, if the supply of the individual Goods occurs at different times, for the last supplied Good,
within a deadline calculated from the day of receipt by the consumer or a third party other than the carrier designated by them, which deadline is 14 calendar days.
The provisions contained in this point do not affect the consumer's right to exercise their right of withdrawal defined in this point in the period between the day the contract is concluded and the day of receiving the Goods.
If the consumer made the offer to conclude the contract, the consumer is entitled to the right to withdraw the offer before the conclusion of the contract, which terminates the offer bindingness covering the conclusion of the contract.
If the Seller has not informed the consumer about the deadline and other conditions for exercising the right of withdrawal (especially the provisions in Section 22 of the Government Decree), as well as the model declaration according to Annex 2, the withdrawal deadline written above is extended by 12 months. If the Seller has provided the consumer with information regarding the exercise of the right of withdrawal within 12 months after the expiration of the withdrawal deadline, the deadline open for withdrawal or termination expires on the 14th day calculated from the communication of this information.
Withdrawal Declaration, Exercising the Consumer's Right of Withdrawal or Termination
The consumer can exercise their right ensured in Section 20 of Government Decree 45/2014 (II. 26.) by means of an unambiguous declaration to this effect, or by using the model declaration downloadable from the website.
Validity of the Consumer's Withdrawal Declaration
The right of withdrawal shall be considered exercised within the deadline if the consumer sends their declaration within the deadline.
In the case of withdrawal or termination in writing, it is sufficient to send the withdrawal or termination declaration within the deadline.
The burden of proof lies with the consumer to prove that they exercised their right of withdrawal in accordance with this provision.
The Seller is obliged to confirm the consumer's withdrawal declaration on an electronic data carrier upon its receipt.
The Seller's Obligations in Case of Consumer's Withdrawal
The 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 entire amount paid by the consumer as consideration, including costs incurred in connection with the performance, such as the delivery fee, no later than within fourteen days of gaining knowledge of the withdrawal. Please note that this provision does not apply to additional costs caused by choosing a delivery mode other than the least expensive standard delivery mode.
Method of the Seller's Refund Obligation
In the case of withdrawal or termination in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the amount due to the consumer using a payment method identical to the payment method used by the consumer. Based on the consumer's express consent, the Seller may apply a different payment method for the refund, but the consumer cannot be charged any additional fee due to this. The Seller bears no liability for delays caused by incorrectly and/or inaccurately provided bank account numbers or postal addresses by the Consumer.
Additional Costs
If the consumer expressly chooses a delivery mode other than the least expensive standard delivery mode, the Seller is not obliged to refund the additional costs arising from this. In such a case, our refund obligation exists up to 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 conclusively proven that they have sent them back; the earlier of the two dates shall be taken into account. We are unable to accept packages sent cash on delivery or postage due.
The Consumer's Obligations in Case of Withdrawal or Termination
Return of the Goods
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), they must return the Goods without delay, but no later than within fourteen days from the communication of the withdrawal, or hand them over to the Seller or a person authorized by the Seller to receive the Goods. The return is considered completed within the deadline if the consumer sends the Goods before the deadline expires.
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 Seller also sells the Goods in a business premises, and the consumer exercises their right of withdrawal personally in the enterprise's business premises, they are entitled to return the goods to the enterprise simultaneously. If the consumer terminates an off-premises or distance contract for the provision of a service after the commencement of performance, they must pay a fee proportional to the service performed up to the time of communicating the termination to the enterprise. The amount to be paid proportionally by the consumer shall be determined based on the total amount of consideration established in the contract increased by tax. If the consumer proves that the total amount determined in this way is excessively high, the proportional amount shall be calculated based on the market value of the services performed up to the time the contract ceases. Please note that we are unable to accept Goods returned cash on delivery or postage due.
Consumer's Responsibility for Depreciation
The consumer is liable for depreciation resulting from use exceeding the use necessary to establish the nature, characteristics, and functioning of the Goods.
If, according to relevant legislation, the right of withdrawal cannot be exercised, or can only be exercised subject to conditions, the Buyer is not entitled to use for trial purposes either.
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 full performance of the service, however, if the contract creates a payment obligation for the consumer, this exception can only be invoked if performance has begun with the consumer's prior express consent and with the consumer's acknowledgment that they lose their right of withdrawal once the enterprise has fully performed the contract;
- in respect of Goods or services whose price or fee is dependent on fluctuations in the financial market which cannot be controlled by the enterprise and which may occur within the withdrawal period;
- in the case of non-prefabricated Goods that have been produced based on the consumer's instructions or express request, or in the case of Goods clearly tailored to the consumer's person;
- in respect of Goods that are perishable or retain their quality for a short time;
- in respect of sealed Goods which cannot be returned for health protection or hygiene reasons after being unsealed upon delivery;
- in respect of Goods which, according to their nature, are inseparably mixed with other items after delivery;
- in respect of alcoholic beverages, the actual value of which is dependent on market fluctuations which cannot be controlled by the enterprise, and the price of which was agreed upon by the parties at the time of concluding the sales contract, but the performance of the contract takes place only after the thirtieth day from the conclusion;
- in the case of a contract for works where the enterprise visits the consumer at the consumer's express request to perform urgent repair or maintenance work;
- in respect of the sale of sealed audio or video recordings and computer software if the consumer has unsealed 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 a contract for the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering, or services related to leisure activities, if the contract provides for a specific date or period of performance;
- in respect of digital content provided on a non-tangible medium, if the Seller has begun performance with the consumer's express prior consent, and the consumer has simultaneously stated their acknowledgment that they lose their right of withdrawal after the commencement of performance, and the enterprise has sent a confirmation to the consumer.
Information on Product Warranty and Implied Warranty for the Conformity of Goods Regarding Consumer Contracts
This section of the Consumer Information is based on the authorization of Section 11 (5) of Government Decree 45/2014 (II.26.), taking into account Annex 3 of Government Decree 45/2014 (II.26.).
The Consumer Information only applies to Buyers qualifying as consumers; the rules applicable to buyers not qualifying as consumers are contained in a separate chapter.
Requirements for Contractual Performance in the Case of a Consumer Contract
Requirements for contractual performance in general for goods and goods containing digital elements sold under a consumer contract
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 contractual, the Goods forming the subject of the contract must
- comply with the description, quantity, quality, type specified in the contract, and possess the functionality, compatibility, interoperability, and other features specified in the contract
- be fit for any particular purpose specified by the consumer, which the consumer brought to the Seller's attention no later than at the time of concluding the contract, and which the Seller accepted
- possess all accessories and user instructions specified in the contract - including installation instructions, setup instructions, and customer service support - and
- provide the updates specified in the contract.
Furthermore, for the performance to be considered contractual, the Goods forming the subject of the contract must
- be fit for the purposes for which goods of the same type are normally used according to law, technical standards, or, in the absence of a technical standard, an applicable code of conduct
- possess the quantity, quality, performance, and other features - particularly regarding functionality, compatibility, accessibility, continuity, and security - that are normal for goods of the same type and which the Consumer can reasonably expect, considering any public statement - particularly in advertising or on a label - made by the Seller, its representative, or another person involved in the sales chain concerning the specific characteristics of the Goods
- possess the accessories and instructions reasonably expected by the consumer - including packaging, and installation instructions - and
- comply with the characteristics and description of the Goods presented as a sample or model or made available as a trial version by the enterprise prior to the conclusion of the contract.
The Goods do not have to comply with the above public statement if the Seller proves that
- they did not know and could not have known the public statement
- the public statement was adequately corrected by the time the contract was concluded, or
- the public statement could not have influenced the obligee's decision to conclude the contract.
Defective performance of a contract for the sale of goods
The Seller performs defectively if the defect in the goods stems from unprofessional installation, provided that
a) the installation forms part of the sales contract and was performed by the Seller, or performed under the Seller's responsibility; or
b) the installation was to be performed by the consumer, and the unprofessional installation is a consequence of shortcomings 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 installed by the Seller, or the installation takes place under the Seller's responsibility, performance shall be considered completed by the Seller when the installation is completed.
If, in the case of goods containing digital elements, the sales contract provides for the continuous supply of the digital content or digital service over a specific period, the Seller is liable for any defect in the goods relating to the digital content if the defect occurs or becomes recognizable within two years from the delivery of the goods, in the case of a continuous supply not exceeding two years.
Requirements for contractual performance in the case of 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 related digital services - including security updates - that are necessary to keep the goods in conformity with the contract, and must ensure that the consumer receives them.
The Seller must make the update available if the sales contract
- provides for a single supply of the digital content or digital service, then it is reasonably expected by the consumer based on the type and purpose of the goods and digital elements, as well as specific circumstances and the nature of the contract; or
- provides for a continuous supply of the digital content over a specified period, then for a continuous supply not exceeding two years, it must provide it over a two-year period starting from the performance of the goods.
If the consumer fails to install the provided updates within a reasonable time, the Seller shall not be liable for the defect of the goods if it solely arises from the failure to apply the relevant update, provided that
a) the Seller informed the consumer about the availability of the update and the consequences of the consumer's failure to install it; and
b) the failure to install the update by the consumer or the incorrect installation of the update by the consumer is not attributable to shortcomings 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 particular characteristic of the goods deviates from those described here, and at the time of concluding the sales contract, the consumer explicitly and expressly accepted this deviation.
Requirements for contractual performance in the case of selling digital content sold under a consumer contract
The Seller supplies or provides the digital content to the consumer. In the absence of an agreement to the contrary between the parties, the Seller supplies the digital content to the consumer without undue delay after concluding the contract, in the latest version available at the time of concluding the contract.
The service is considered performed when the digital content or any means - necessary for accessing or downloading it - has reached the consumer or the physical or virtual device selected by the consumer for this purpose.
The Seller must ensure that the consumer is notified of updates to the digital content - including security updates - that are necessary to keep the digital content or digital service in conformity with the contract, and receives them.
If the contract provides for the continuous supply of the digital content over a specified period, the conformity of the digital content's performance with the contract must be ensured throughout the entire duration of the contract.
If the consumer fails to install the updates provided by the Seller within a reasonable time, the Seller shall not be liable for the defect in the service if it solely arises from the failure to apply the relevant update, provided that
- the Seller informed the consumer about the availability of the update and the consequences of the consumer's failure to install it; and
- the failure to install the update by the consumer or the incorrect installation of the update by the consumer is not attributable to shortcomings 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 particular characteristic of the digital content deviates from the requirements specified here, and at the time of concluding the contract, the consumer explicitly and expressly accepted this deviation.
The Seller performs defectively if the defect in the digital content service stems from unprofessional integration into the consumer's digital environment, provided that
- the integration of the digital content was performed by the Seller, or the integration was performed under the Seller's responsibility; or
- the digital content is intended to be integrated by the consumer, and the unprofessional integration was caused by shortcomings in the integration instructions provided by the Seller.
If the contract provides for the continuous supply of the digital content or digital service over a specific period, the Seller is liable for any defect related to the digital content if the defect occurs or becomes recognizable during the period specified in the contract.
If the contract provides for a single supply or a series of individual supply acts, until proven otherwise, it must be presumed that a defect recognized 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 they prove that the consumer's digital environment is not compatible with the technical requirements of the digital content or digital service, and they informed the consumer about this in a clear and comprehensible manner prior to concluding the contract.
The consumer is obliged to cooperate with the Seller so that the Seller - using tools technically available to them and requiring the least intervention for the consumer - can ascertain whether the cause of the defect is the consumer's digital environment. If the consumer fails to fulfill this cooperation obligation after the Seller has informed them clearly and understandably about this obligation prior to concluding the contract, the burden of proof is on the consumer that
- the defect recognized within one year following performance already existed at the time of performance, or
- the service affected by the defect recognized during the contract period was not in conformity with the contract during the period of contractual performance of the service.
Implied Warranty
In what cases can you exercise your implied warranty right?
In the event of defective performance by the Seller, you can assert an implied warranty claim against the Seller according to the rules of the Civil Code, and in the case of a consumer contract, Government Decree 373/2021 (VI.30.).
What rights do you have based on your implied warranty claim?
You may – at your choice – exercise the following implied warranty claims:
You can request repair or replacement, unless the fulfillment of the claim you have chosen among these is impossible or would involve disproportionate additional costs for the Seller compared to the fulfillment of your other claim. If you did not or could not request repair or replacement, you can demand a proportional reduction of the consideration, or – as a last resort – you can also withdraw from the contract.
You can switch from your chosen implied warranty right to another, but you bear the cost of the transition, unless it was justified or the Seller gave cause for it.
In the case of a consumer contract, until proven otherwise, it shall be presumed that a defect recognized within one year from the date of performance of the goods and goods containing digital elements already existed at the time of the performance of the goods, unless this presumption is incompatible with the nature of the goods or the nature of the defect.
In the case of used Goods, the warranty and guarantee rights basically differ from the general rules. Defective performance can also be discussed in the case of used Goods, however, the circumstances based on which the Buyer could expect the occurrence of certain defects must be taken into account. Due to depreciation, the occurrence of certain defects becomes more frequent, as a result of which it cannot be assumed that a used Good can have the same quality as a newly purchased one. Based on this, the Buyer can only assert their warranty rights regarding shortcomings that are beyond the defects resulting from use and have arisen independently of them. If the used Good is defective and the Buyer qualifying as a Consumer was informed of this at the time of purchase, the Service Provider has no liability concerning the known defect.
The Seller may refuse to make the goods conform to the contract if repair or replacement is impossible, or if it would result in disproportionate additional costs for the Seller, taking all circumstances into account, including the value the Goods would have if there were no lack of conformity, and the significance of the lack of conformity.
The consumer is also entitled - adjusting to the gravity of the breach of contract - to demand a proportional reduction in the consideration or to terminate the sales contract if
- the Seller has not completed the repair or replacement, or has completed it but has not, in whole or in part, fulfilled the following conditions
- the Seller must ensure the take-back of the replaced goods at its own expense
- if repair or replacement requires the removal of goods that had been installed in a manner consistent 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 substitute goods or repaired goods, or bearing the costs of that removal and installation.
- refused to bring the goods into conformity with the contract
- a repeated lack of conformity occurs despite the Seller's attempt to bring the goods into conformity
- the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the sales contract, or
- the Seller has not undertaken to bring the goods into conformity, or it is clear from the circumstances that the enterprise will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.
If the consumer wishes to terminate the sales contract claiming defective performance, the burden of proof is on the Seller to prove that the defect is insignificant.
The Consumer is entitled to withhold the remaining part of the purchase price - partially or entirely, adjusting to the gravity of the breach of contract - until the Seller fulfills its obligations relating to the conformity of performance and defective performance.
It is a generally applicable rule that:
- the Seller must ensure the take-back of the replaced goods at its own expense
- if repair or replacement requires the removal of goods that had been installed in a manner consistent 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 substitute goods or repaired goods, or bearing the costs of that removal and installation.
The reasonable time open for completing the repair or replacement of the goods must be calculated from the time the Consumer communicated the defect to the enterprise.
The consumer must make the goods available to the enterprise for the purpose of carrying out the repair or replacement.
The reduction in consideration is proportional if its amount is equal to the difference between the value the Consumer would have been entitled to in the event of contractual performance and the value of the goods actually received by the Consumer.
The Consumer's implied warranty right to terminate the sales contract can be exercised with a legal statement 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 to terminate the contract exist in respect of those, 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 conforming goods.
If the Consumer terminates the sales contract in its entirety or regarding a part of the goods supplied under the sales contract, then
- the Consumer must return the affected goods to the Seller at the Seller's expense and
- the Seller must reimburse the Consumer for the purchase price paid for the affected goods without delay as soon as they have received the goods or proof that the goods have been returned.
Within what deadline can you assert your implied warranty claim?
You must report the defect without delay after its discovery. A defect reported within two months from its discovery shall be considered reported without delay. However, please note that you may no longer assert your implied warranty rights beyond the two-year limitation period calculated from the performance of the contract.
The part of the repair time during which the Buyer cannot use the Goods as intended does not count towards the limitation period.
The limitation period for the implied warranty claim begins anew for the part of the Goods affected by the replacement or repair. This rule also applies in the event that a new defect arises as a consequence of the repair.
If the subject of the contract between the consumer and the enterprise is a used item, the parties may also agree on a shorter limitation period; a limitation period shorter than one year cannot be validly stipulated in this case either.
Against whom can you assert your implied warranty claim?
You can assert your implied warranty claim against the Seller.
What are the other conditions for enforcing your implied warranty rights?
Within one year from performance, there is no condition for asserting your implied warranty claim other than reporting the defect, if you prove that the Goods were provided by the Seller. After one year from performance, however, you must prove that the defect recognized by you already existed at the time of performance.
Product Warranty
In what cases can you exercise your product warranty right?
In the event of a defect in a movable item (Good), you can - at your choice - assert an implied warranty claim or a product warranty claim according to the rules of the Civil Code.
What rights do you have based on your product warranty claim?
As a product warranty claim, you can request the repair or replacement of the defective Good.
In what cases is the Good considered defective?
The good is defective if it does not comply with the quality requirements in force at the time of its placing on the market, or if it does not possess the characteristics listed in the description provided by the manufacturer.
Within what deadline can you assert your product warranty claim?
You can assert your product warranty claim within two years from the placing of the Good on the market by the manufacturer. After this period, you lose this entitlement.
Against whom can you assert your product warranty claim?
You can exercise your product warranty rights against the manufacturer or distributor of the product (hereinafter jointly: manufacturer).
What rule of proof applies when asserting a product warranty claim?
When asserting a product warranty claim, you must prove that the product defect existed at the time it was placed on the market by the manufacturer.
In what cases is the manufacturer exempt from its product warranty obligation?
The manufacturer is exempt from its product warranty obligation if it can prove that:
- it did not manufacture or place the Good on the market within its business activities, or
- the defect was not recognizable according to the state of scientific and technical knowledge at the time of placing it on the market, or
- the defect of the Good arises from the application of a law or mandatory regulatory requirement.
It is sufficient for the manufacturer to prove one reason for exemption.
Please note that for the same defect, you can assert an implied warranty claim against the enterprise and a product warranty claim against the manufacturer simultaneously, parallel to each other. In the event of successfully asserting your product warranty claim, however, you can only assert your implied warranty claim regarding the replaced product or the repaired part of the product against the manufacturer thereafter.
Guarantee
In what cases can you exercise your guarantee right?
Based on Government Decree 151/2003 (IX. 22.) on the mandatory guarantee for certain durable consumer goods, the Seller is obliged to provide a guarantee in the case of selling new durable consumer goods listed in Annex 1 of the Ministry of Justice Decree 10/2024 (VI.28.) on the determination of the scope of durable consumer goods subject to mandatory guarantee (e.g., technical articles, tools, machines), as well as their accessories and components within the scope specified therein (hereinafter - in this section - collectively referred to as consumer goods).
Rights arising from the guarantee can be asserted with a guarantee card, which cannot be made conditional on the return of the unsealed packaging of the consumer good by the consumer. In the absence of making the guarantee card available to the consumer, the conclusion of the contract must be considered proven if the consumer presents the document certifying payment of the consideration – an invoice or receipt issued under the Value Added Tax Act. In this case, the rights arising from the guarantee can be asserted with the document certifying payment of the consideration.
In addition, the Seller may also voluntarily undertake a guarantee, in which case they must hand over a guarantee statement to the buyer qualifying as a Consumer.
The guarantee statement must be made available to the Consumer on a durable medium, no later than at the time of performance of the goods.
The guarantee statement must include:
- a clear statement to the effect that, in the event of defective performance of the goods, the Consumer is entitled to exercise implied warranty rights according to law free of charge, and these rights are not affected by the guarantee
- the name and address of the guarantor
- the procedure to be followed by the Consumer to enforce the guarantee
- the designation of the goods to which the guarantee applies and
- the conditions of the guarantee,
- the purchase price of the Goods.
What rights do you have and within what deadlines in the case of a mandatory guarantee?
Guarantee rights
Based on their guarantee right, the Buyer can live with a repair or replacement claim, in the cases provided by law they can request a price reduction, or ultimately they can withdraw from the contract if the obligor did not undertake the repair or replacement, cannot fulfill this obligation within an appropriate deadline while sparing the interests of the obligee, or if the obligee's interest in the repair or replacement has ceased.
The Buyer may, at their choice, report their claim for the guarantee directly at the Seller's headquarters, any of its premises, branches, and at the repair service indicated by the Seller on the guarantee card.
Enforcement deadline
The guarantee claim can be enforced during the term of the guarantee; the duration of the guarantee according to Government Decree 151/2003 (IX. 22.) is:
-
- two years for a selling price reaching 10,000 HUF but not exceeding 250,000 HUF,
- three years for a selling price above 250,000 HUF.
Failure to meet these deadlines entails a forfeiture of rights; however, in the case of repair of the consumer good, the guarantee period is extended from the day of handover for repair by the time during which the Buyer could not use the consumer good as intended due to the defect.
The guarantee period starts when the consumer good is handed over to the Buyer, or if the installation is performed by the Seller or its agent, it begins on the day of installation.
If the Buyer has the consumer good installed beyond six months from the handover, the starting date of the guarantee period is the day the consumer good was handed over.
Rules related to handling a guarantee claim
When handling a repair, the Seller must strive to carry out the repair within 15 days. The deadline open for repair starts upon receipt of the consumer good.
If the duration of the repair or replacement exceeds fifteen days, the Seller must inform the Buyer about the expected duration of the repair or replacement.
If, during the first repair of the consumer good during the guarantee period, the Seller determines that the consumer good cannot be repaired, in the absence of a different provision by the buyer, the Seller must replace the consumer good within eight days. If there is no possibility to replace the consumer good, the enterprise must refund the purchase price indicated on the guarantee card, or in the absence thereof, on the document certifying the payment of the consumer good presented by the consumer - an invoice or receipt issued under the Value Added Tax Act - to the consumer within eight days.
By accepting the GTC, the Buyer consents that the information may also be provided to them electronically or in another manner suitable for verifying receipt by the Buyer.
If the Seller is unable to repair the consumer good within 30 days:
- if the Buyer has consented to this, the repair can be fulfilled at a later date for them, or
- if the Buyer does not consent to the later fulfillment of the repair, or has not made a statement regarding it, the consumer good must be replaced for them within eight days following the unsuccessful expiration of the thirty-day deadline, or
- if the Buyer does not consent to the later fulfillment of the repair, or has not made a statement regarding it, but there is also no possibility to replace the consumer good, the Seller must refund the purchase price indicated on the guarantee card, or in the absence thereof, on the document certifying the payment of the consumer good presented by the consumer - an invoice or receipt issued under the Value Added Tax Act - to the consumer within eight days following the unsuccessful expiration of the thirty-day repair deadline.
If the consumer good breaks down for the 4th time - in the absence of a different provision by the consumer - the Seller must replace the consumer good within eight days. If it is not possible to replace the consumer good, the enterprise must refund the purchase price indicated on the guarantee card, or in the absence thereof, on the document certifying the payment of the consumer good presented by the consumer - an invoice or receipt issued under the Value Added Tax Act - to the consumer within eight days.
Consumer goods subject to mandatory guarantee that have a fixed connection or weigh more than 10 kg, or cannot be transported as hand luggage on public transport vehicles - with the exception of vehicles - must be repaired at the place of operation. If the repair cannot be carried out at the place of operation, the enterprise, or - in the case of a repair claim directly validated at the repair service - the repair service, will take care of the dismantling and installation, as well as the outward and return transport.
Exceptions to the guarantee
The regulations written under the "Rules related to handling a guarantee claim" point do not apply to electric bicycles, electric scooters, quads, motorcycles, mopeds, passenger cars, motorhomes, caravans, trailer caravans, trailers, and motorized watercraft.
However, even in the case of these Goods, the Seller must strive to fulfill the repair claim within 15 days.
If the duration of the repair or replacement exceeds fifteen days, the Seller must inform the Buyer about the expected duration of the repair or replacement.
What is the relationship between the guarantee and other warranty rights?
The guarantee applies alongside warranty rights (product and implied warranty); the fundamental difference between general warranty rights and the guarantee is that in the case of a guarantee, the burden of proof is more favorable to the consumer.
The Seller's voluntary guarantee undertaking during the mandatory guarantee period cannot contain conditions for the consumer that are more disadvantageous than the rights provided by the mandatory guarantee rules. After this, however, the conditions of the voluntary guarantee can be established freely, but the guarantee even in this case cannot affect the existence of the consumer's rights deriving from the law - including those based on implied warranty.
Replacement claim within three working days
The institution of the replacement claim within three working days also prevails in the case of sales via a webshop. A replacement claim within three working days can be asserted in the case of new durable consumer goods, according to which if someone asserts the institution of the replacement claim within 3 working days, the seller must interpret this as meaning that the Good was already defective at the time of sale and must replace the Good without further ado.
When is the Seller exempt from its guarantee obligation?
The Seller is exempt from its guarantee obligation only if they prove that the cause of the defect arose after performance.
Please note that for the same defect, you can assert an implied warranty claim and a guarantee claim, as well as a product warranty claim and a guarantee claim simultaneously, parallel to each other. However, if you have successfully asserted your claim resulting from defective performance for a given defect once (for example, the enterprise replaced the product), you can no longer claim this on another legal basis regarding the same defect.
Information on Product Warranty and Implied Warranty for the Conformity of Goods Regarding Buyers Not Qualifying as Consumers
General rules of implied warranty rights
A Buyer not qualifying as a consumer may – at their choice – exercise the following implied warranty claims:
They can request repair or replacement, unless the fulfillment of the claim they have chosen among these is impossible or would involve disproportionate additional costs for the Seller compared to the fulfillment of their other claim. If they did not or could not request repair or replacement, they can demand a proportional reduction of the consideration, or the Buyer can repair the defect themselves or have it repaired by someone else at the Seller's expense, or – as a last resort – they can also withdraw from the contract.
They can switch from their chosen implied warranty right to another, but they bear the cost of the transition, unless it was justified or the Seller gave cause for it.
In the case of used Goods, the warranty and guarantee rights basically differ from the general rules. Defective performance can also be discussed in the case of used Goods, however, the circumstances based on which the Buyer could expect the occurrence of certain defects must be taken into account. Due to depreciation, the occurrence of certain defects becomes more frequent, as a result of which it cannot be assumed that a used Good can have the same quality as a newly purchased one. Based on this, the Buyer can only assert their warranty rights regarding shortcomings that are beyond the defects resulting from use and have arisen independently of them. If the used Good is defective and the Buyer qualifying as a Consumer was informed of this at the time of purchase, the Service Provider has no liability concerning the known defect.
In the case of buyers not qualifying as consumers, the enforcement period for the implied warranty right is 1 year, which starts on the day of performance (handover).
Product Warranty and Guarantee
The product warranty and the mandatory guarantee only apply to buyers qualifying as consumers.
If the Seller voluntarily provides a guarantee for a given Good, this will be separately indicated during the purchase of the Good.
If the manufacturer provides a manufacturer's guarantee for the Good that also covers buyers not qualifying as consumers, it can be enforced directly with the manufacturer.