GENERAL TERMS AND CONDITIONS

https://performate.gg – effective as of: 2024-08-25

 
Preamble
Welcome to our website! Thank you for placing your trust in us when making your purchase.

If you have any questions regarding these General Terms and Conditions, the use of the website, the individual products, or the ordering process, or if you wish to discuss any special request with us, please contact our staff using the contact details provided below.

 
Imprint – details of the Service Provider (Seller, Business)
Name: MG Media Kft.
Registered seat: 4271 Mikepércs, Szent István utca 3/B.
Mailing address: 4271 Mikepércs, Szent István utca 3/B.
Registering authority: Debrecen Regional Court of Registration
Company registration number: 09-09-034458
Tax number: 26759584-2-09
Representative: Dániel Major, managing director
Telephone: +36 20 203 48 27
E-mail: info@performate.gg

Website: https://performate.gg

Bank account number: 11600006-00000000-84493222
Data protection registration number: –

Details of hosting service provider
Name: Global Information Technologies Kft.
Registered seat: 8243 Balatonakali, Liliom utca 17.
Contact: info@makeitonline.hu

Website: https://makeitonline.hu

 
Definitions
Goods: any item offered for sale on the Website, including:

movable property, including water, gas and electricity supplied in limited volume or set quantity in a container, bottle or otherwise, and
movable property that contains or is interconnected with digital content or a digital service in such a way that, in the absence of the relevant digital content or digital service, the goods would be unable to perform their functions (hereinafter: goods with digital elements).
Goods with digital elements: movable property that contains or is interconnected with digital content or a digital service in such a way that, in the absence of the relevant digital content or digital service, the goods would be unable to perform their functions.

Digital content: data produced or supplied in digital form.

Parties: the Seller and the Buyer jointly.

Consumer: a natural person acting for purposes which are outside his or her trade, business, craft or profession, who purchases, orders, receives, uses or makes use of goods, or who is the addressee of commercial communication or an offer relating to the goods.

For the purposes of the rules applicable to conciliation bodies – 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 – the following shall also qualify as a consumer in addition to the above: a civil organisation governed by a separate act, an ecclesiastical legal person, a condominium or a housing association acting for purposes which are outside its trade and economic activity, which purchases, orders, receives, uses or makes use of goods, or is the addressee of commercial communication or an offer relating to the goods.

For the purposes 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 within the internal market, and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (hereinafter: Regulation (EU) 2018/302), the term consumer shall also include an undertaking which qualifies as a buyer under Regulation (EU) 2018/302.

Consumer contract: a contract where one of the parties 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 who brings the Goods into the territory of the European Union; and any person who, by placing his name, trademark or other distinctive sign on the Goods, presents himself as the manufacturer.

Interoperability: the ability of goods with digital elements, digital content or a digital service to work with hardware or software different from that with which goods, digital content or digital services of the same type are generally used together.

Compatibility: the ability of goods with digital elements, digital content or a digital service to work – without the need for conversion – with hardware or software with which goods, digital content or digital services of the same type are generally used together.

Website: this website through which the contract is concluded.

Contract: the sales contract concluded between the Seller and the Buyer using the Website and electronic mail.

Durable medium: any device which enables the consumer or the business to store information addressed personally to him/her in a way that is 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 which, without the simultaneous physical presence of the parties, may be used for the conclusion of the contract between the parties. Such means are in particular: addressed or unaddressed printed matter, standard letter, advertisement with order form in a newspaper or other press publication, catalogue, telephone, telefax and a device providing internet access.

Distance contract: a consumer contract concluded within the framework of an organised distance sales system without the simultaneous physical presence of the parties, where the contract is concluded by the exclusive use of one or more means of distance communication.

Business: a person acting in the course of his/her trade, profession or business.

Buyer/You: the person making a purchase offer and concluding a contract via the Website.

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

a contractual warranty undertaken for the performance of the contract whereby the business voluntarily assumes liability, on top of its statutory obligations or in the absence thereof, for the proper performance of the contract, and
any mandatory warranty prescribed by law.
Purchase price: the consideration payable for the Goods and for the provision of digital content.

 
Applicable Legislation
The Contract shall be governed by Hungarian law, in particular the following legislation:

Act CLV of 1997 on Consumer Protection
Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services
Act V of 2013 on the Civil Code
Government Decree 151/2003 (IX.22.) on the mandatory warranty for certain durable consumer goods
Decree 10/2024 (VI.28.) of the Ministry of Justice on defining the scope of durable consumer goods subject to mandatory warranty
Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses
Decree 19/2014 (IV.29.) of the Ministry for National Economy on the procedural rules for handling warranty and guarantee claims for items sold under contracts between consumers and businesses
Act LXXVI of 1999 on Copyright
Act CXII of 2011 on Informational Self-determination and Freedom of Information
Regulation (EU) 2018/302 of the European Parliament and of the Council (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 (27 April 2016) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR)
Government Decree 373/2021 (VI.30.) on the detailed rules of contracts between consumers and businesses for the sale of goods, and the provision of digital content and digital services
 
Scope and Acceptance of the GTC
The content of the contract concluded between us shall – in addition to the mandatory provisions of the applicable laws – be governed by these General Terms and Conditions (hereinafter: GTC). Accordingly, the GTC sets out the rights and obligations of you and us, the conditions of the conclusion of the contract, the deadlines for performance, the delivery and payment conditions, liability rules, and the conditions for exercising the right of withdrawal.

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

Before finalising your order you are required to familiarise yourself with the provisions of these GTC.

 
Language and Form of the Contract
The language of contracts falling within the scope of these GTC is Hungarian.

Contracts falling within the scope of these GTC shall not be deemed as contracts concluded in writing, and the Seller does not file them.

 
E-Invoice
Our company uses electronic invoices in accordance with Section 175 of Act CXXVII of 2007 (VAT Act). By accepting these GTC you consent to the use of electronic invoicing.

 
Prices
Prices are indicated in Hungarian Forints (HUF) and include 27% VAT. The Seller reserves the right to adjust prices for commercial policy reasons. Any price change shall not apply to contracts already concluded.

If the Seller has indicated an incorrect price for the Goods and an order has been placed but no contract has yet been concluded between the Parties, the Seller shall proceed in accordance with the section “Procedure in case of an incorrect price”.

 
Procedure in Case of an Incorrect Price
Prices shall be deemed obviously incorrect if:

the price is HUF 0, or
a discounted price is shown which, compared to the discount percentage indicated alongside the original price, has been incorrectly calculated (e.g. in the case of Goods priced at HUF 1,000, with a 20% discount, the correct gross price would be HUF 800, whereas an incorrect price of HUF 500 is displayed, which does not correspond to the stated percentage).
In the event an incorrect price is displayed, the Seller shall offer the Buyer the possibility to purchase the Goods at the correct price. On the basis of this information the Buyer may decide whether to order the Goods at the correct price or to cancel the order without any adverse legal consequences.

 
Complaint Handling and Legal Remedies
The Consumer may submit to the Seller any claim relating to statutory warranty for defects (kellékszavatosság), product warranty (termékszavatosság), or guarantee (jótállás), or any objection aimed at the elimination of an individual infringement of rights or legitimate interests (consumer complaint under the Consumer Protection Act) relating to:

the Goods, or
the conduct, activity or omission of the Seller or of a person acting on behalf of or for the benefit of the Seller in direct connection with the distribution or sale of the Goods to consumers
using the following contact details and methods:

In writing via the following website: https://performate.gg

In writing by e-mail: performate.gg@gmail.com

In writing by post: 4271 Mikepércs, Szent István utca 3/B
The Seller must handle the Consumer’s statutory warranty, product warranty or guarantee claim in accordance with separate applicable legislation, not under the complaint-handling rules of the Consumer Protection Act.

The Consumer may submit a complaint under the Consumer Protection Act – i.e. an objection aimed at eliminating an individual infringement of rights or interests relating to the conduct, activity or omission of the business or a person acting on behalf of or for the benefit of the business in direct connection with the distribution or sale of the goods to consumers, excluding statutory warranty, product warranty or guarantee claims – orally or in writing.

Oral complaints must be examined immediately and remedied as necessary. If the Consumer does not agree with the handling of the complaint, or if immediate investigation of the complaint is not possible, the business shall immediately record the complaint and its position regarding the complaint in minutes, and provide a copy to the Consumer in case of personally lodged complaints. In the case of oral complaints made by telephone or via other electronic communications services, the business shall send the minutes and its substantive response to the Consumer within 30 days at the latest, in line with the rules for written complaints.

In all other respects, written complaints must be handled as follows:

The business shall – unless a directly applicable legal act of the European Union provides otherwise – respond in writing to the written complaint on the merits and in a verifiable manner within 30 days of its receipt and shall take measures for its communication. If the complaint is rejected, the business shall inform the Consumer in writing of the authority or conciliation body that the Consumer may approach depending on the nature of the complaint. The information must include the seat, telephone and internet contact details and postal address of the competent authority or the conciliation body at the Consumer’s place of residence or stay. The information must also cover whether the business has made a general declaration of submission to the decision of the Conciliation Body.

If a consumer dispute between the Seller and the Consumer is not resolved in the course of negotiations, the Consumer may resort to the following legal remedies:

Consumer protection procedure
The Consumer may lodge a complaint with the competent consumer protection authority if he/she perceives an infringement of his/her consumer rights. After assessment of the complaint, the authority shall decide on the initiation of consumer protection proceedings. First-instance consumer protection tasks are performed by the metropolitan and county government offices competent according to the Consumer’s place of residence. Their list is available at: http://www.kormanyhivatalok.hu/

Court proceedings
The customer is entitled to enforce his/her claim arising from a consumer dispute before a court in civil proceedings in accordance with Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

Conciliation body proceedings
If we reject your consumer complaint, you are entitled to turn to the Conciliation Body competent at your place of residence or stay, or to any other Conciliation Body indicated in your application.

A condition for initiating conciliation body proceedings is that the Consumer attempts to resolve the disputed matter directly with the business concerned.

Except where the Consumer explicitly requests a personal hearing, the Conciliation Body shall hold the hearing online by means of electronic equipment enabling simultaneous audio and video transmission (hereinafter: online hearing).

The business is subject to a duty of cooperation in conciliation body proceedings, and is therefore obliged to send its written response to the Conciliation Body within the time limit specified in the notice. With the exception of the application of Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, the business shall ensure the participation at the hearing of a person authorised to conclude a settlement agreement.

The representative of the business authorised to conclude a settlement agreement must participate in the online hearing online. If the Consumer requests a personal hearing, the representative authorised to conclude a settlement agreement must at least participate online.

Further information on Conciliation Bodies is available at: https://www.bekeltetes.hu

 
Conciliation Body Proceedings for Persons Not Qualifying as Consumers
Under the Consumer Protection Act, for the purposes of conciliation body proceedings the following are deemed to be consumers: civil organisations governed by a separate act, ecclesiastical legal persons, condominiums and housing associations acting for purposes which are outside their trade and economic activity, which purchase, order, receive, use or make use of goods, or are the addressees of commercial communication or an offer relating to the goods.

The Conciliation Body is entitled to examine and verify whether consumer status exists. The rules set out above under “Conciliation body proceedings” shall apply mutatis mutandis.

 
Online Dispute Resolution Platform
The European Commission has created a website on which Consumers can register and then submit a complaint in respect of goods or services purchased online, thereby giving them the opportunity to settle disputes relating to online purchases by filling in an application and avoiding court proceedings. This enables Consumers to enforce their rights even if distance would otherwise prevent them from doing so.

If you wish to lodge a complaint regarding Goods or services purchased online and do not necessarily wish to turn to a court, you may use the online dispute resolution platform.

On the platform, you and the trader against whom you have made a complaint may jointly select the dispute resolution body to handle the complaint.

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

 
Partial Invalidity, Code of Conduct
If any provision of these GTC is legally incomplete or invalid, the remaining provisions of the contract shall remain in full force and effect, and the invalid or defective provision shall be replaced by the relevant mandatory provisions of the applicable legislation.

The Seller does not have any code of conduct within the meaning of the Act on the prohibition of unfair commercial practices against consumers.

 
Information on the Essential Characteristics of the Goods
The essential characteristics of the Goods available for purchase on the Website are described in the product descriptions appearing for each individual item.

 
Correction of Data Entry Errors – Responsibility for the Accuracy of Data Provided
During the ordering process and before finalising the order you may at any time correct the data you have entered (by clicking the back button in your browser to return to the previous page, where data can still be corrected even if you have already moved to the next page).

Please note that you are responsible for ensuring that the data you provide are accurate, since invoicing and delivery of the Goods are based on the data you supply. Please also note that an incorrectly entered e-mail address or a full mailbox storage space may result in failure to deliver the confirmation, which may prevent the conclusion of the contract.

If, after finalising your order, you notice any error in the data provided, you must initiate modification of your order as soon as possible. You may notify the Seller of the need to correct an erroneous order by sending an e-mail from the address provided at the time of the order or by telephone.

 
Use of the Website
Purchases are not subject to registration.

Selecting the Product
By clicking on the product categories displayed on the Website, you may select the desired product family and, within that, individual products. By clicking on a product you will see its photo, item number, description and price. In the event of a purchase you must pay the price shown on the Website.

Placing Items in the Cart
After selecting the Product, you may place any number of products into your cart by clicking the “Add to cart” button without any obligation to purchase or pay, as placing a product in the cart does not constitute an offer.

We recommend that you place products in your cart even if you are unsure whether you wish to purchase them, because it allows you to see at a glance which products you have selected at that moment and to view and compare them on a single screen.

The contents of the cart may be freely modified until the order is finalised by clicking on the “Place order” button: you may remove any products, add new ones or change the quantities.

If you place the selected product in your cart, a separate window will pop up with the message “The product has been added to your cart”. If you do not wish to select further products, click on “View cart”.

If you wish to view the selected product again or add more products to your cart, click on “Back to product”.

Viewing the Cart
While using the Website you may check the contents of your cart at any time by clicking on the “Cart” icon at the top of the page. Here you may remove selected products from the cart or change quantities. After clicking on the “Update cart” button, the system will display the data as modified by you, including the prices of products in the cart.

If you do not wish to select and add further products, you may proceed with the purchase by clicking “Proceed to checkout”.

Customer Data at Checkout
After clicking on “Checkout”, the contents of the cart are displayed as well as the total purchase price payable if you buy the selected products. In the “Order” box, the system will indicate the delivery fee, which you must pay in case of an order.

In the “Billing details” section you may enter your full name, address, phone number and e-mail address.

If you wish the Goods to be delivered to a different address, please tick the box “Ship to a different address?” and you will be able to provide an alternative delivery address. In the “Order notes” box you may provide any additional information as you see fit.

Reviewing and Finalising the Order
After completing the above fields, we recommend that you check your data again. If you find all information correct, you can finalise and submit your order by clicking “PLACE ORDER”. After sending your order, you will be redirected to a summary page where you can review the details.

If any data is incorrect or you wish to modify your order, please notify us at any of our contact details as soon as possible, or simply reply to the confirmation e-mail.

Finalising the Order (Making an Offer)
If you are satisfied that the contents of your cart correspond to the Goods you intend to order and that your data are correct, you may finalise your order by clicking on the “PLACE ORDER” button. Information published on the Website does not constitute an offer by the Seller to conclude a contract. For orders within the scope of these GTC, you are deemed to be the offeror.

By clicking the “PLACE ORDER” button you expressly acknowledge that your declaration constitutes an offer and that your declaration – upon confirmation by the Seller in accordance with these GTC – entails an obligation to pay. The Seller is obliged to confirm receipt of your order to you electronically without delay. If such confirmation is not received by you within a reasonable time frame depending on the nature of the service, but no later than within 48 hours from submission of your order, you shall be released from the obligation of your offer or contractual obligation.

Processing of the Order and Conclusion of the Contract
You may place your order at any time. The Seller shall confirm your offer via e-mail within 48 hours at the latest following the submission of your offer. The contract is concluded when the confirmation e-mail sent by the Seller becomes accessible to you in your e-mail account.

 
Procedure in Case of Parcels Not Collected
If the Buyer fails to accept the Goods ordered and dispatched and does not declare his/her intention to withdraw within the 14-day statutory withdrawal period without giving reasons, he/she breaches the contract concluded with the Seller, under which he/she is obliged to accept the Goods and thereby accept the Seller’s performance. In this case, the Seller may attempt re-delivery of the Goods, provided it can agree this with the Buyer, but may make such re-delivery subject to payment of a delivery fee.

If re-delivery is unsuccessful or cannot be arranged with the Buyer because the Buyer refuses to cooperate, the Seller is entitled to terminate the contract with immediate effect due to breach of contract and to enforce the costs of failed delivery and return as a contractual penalty against the Buyer.

The Parties agree that communication by e-mail to the address used by the Buyer at the time of the order is an acceptable form of communication for termination of the contract, and that the time of communication of the termination notice is the date on which the termination e-mail becomes accessible in the Buyer’s e-mail account.

 
Subscription
Subscription-based products available on the Website may be used under a “Recurring monthly subscription”. This payment method is available for designated products only.

A recurring monthly subscription is a unified subscription relationship linked to a continuously renewing payment method that is created for a period which is continuously extended – on a monthly basis – until otherwise instructed by the Subscriber, within the validity period of the Subscriber’s bank card (until the card expires). Hereinafter: “Recurring monthly subscription” or “Automatically renewing monthly subscription”.

Under the recurring monthly subscription method, the minimum subscription period is one (1) month, whereby this one-month subscription period is continuously renewed each month, for one (1) additional month at a time, without any further subscriber action, until the Subscriber decides to discontinue (cancels) such repeated extension, in the manner and within the deadline specified in these GTC.

The recurring monthly subscription method is a bank card payment and at the same time a subscription form, based on a function provided by the Stripe payment service, which means that, following the registration transaction and submission of bank card details by the Purchaser (Subscriber), after the subscription has been created, subsequent payments – on a monthly basis under these GTC – are automatically generated in the future without any further actions by the Subscriber, including without re-entering the bank card data.

By choosing the recurring monthly subscription method, the Subscriber expressly consents to subsequent payments – after the first monthly term – being initiated by the Service Provider without re-entering bank card data and without further consent by the Subscriber, in the absence of cancellation of the subscription. Service Provider initiation refers to an automatic process between the Service Provider and its payment provider (Stripe) necessary for the operation of this payment method, which remains in place until the Subscriber terminates the subscription and the payment obligation arising from it, or until the expiry of the Subscriber’s bank card.

The Service Provider acts on the basis of the Subscriber’s authorisation as set out in these GTC when, via the payment system, it initiates payment transactions (debiting the Subscriber’s account) towards the payment provider (Stripe) to implement subsequent payments after the first payment, until otherwise instructed by the Subscriber in accordance with these GTC. The Subscriber’s contrary instruction consists of an active action by which the Subscriber terminates the subscription. Thus the Service Provider acts lawfully in connection with payment transactions within the scope of the Subscriber’s authorisation and empowerment as laid down in these GTC.

The date (day) of subsequent monthly debits (charge of the fee) following the date of the first monthly payment (charge) after the creation of the subscription shall be the same day of the month as the day of the first debit. The Subscriber may cancel the recurring monthly subscription by 23:59:59 local time on the calendar day immediately preceding the date (day) of the upcoming renewal, which action terminates the subscription. If the subscription is terminated earlier than the next due date, the Subscriber remains entitled to use the subscribed services for the given monthly period already paid, but no refund is possible.

If on a due date (the day of debit) there are insufficient funds on the Subscriber’s account, the Service Provider will attempt to contact the Subscriber after the due date. If contact cannot be made or is unsuccessful, or if despite successful contact the Subscriber does not ensure sufficient funds within 5 days after the due date, the Service Provider is entitled to terminate the subscription without any further legal action. The Subscriber must accept such termination and is not entitled to make any claims.

By making payment, the User acknowledges that, with the exception of other digital products, the service subscription used is a renewing subscription as set out in this clause, and that he/she has familiarised himself/herself with and accepts as binding upon him/her the conditions of the renewing subscription process set out in the GTC.

 
Methods of Payment
Simple Online Card Payment (OTP Group)
The Simple Online Payment System is developed and operated by OTP Mobil Kft., a member of the OTP Group.

When making online purchases, customers may choose the simple and secure Simple payment solution. In this case, payment is made on the Simple interface in the usual way.

The payment process is the same as that offered by banks within similar services. With a focus on the security of the user and cardholder, Simple continuously monitors transactions and helps prevent unexpected events.

Steps of the transaction:

By clicking the “Payment” button you are redirected to the Simple payment page, where you start the transaction by entering your card details.
After entering card details, please check the correctness of the data.
The transaction is processed in banking systems.
You will receive notification of the payment result by e-mail, and the Simple system will redirect you back to the web shop’s page.
Further information: https://www.simple.hu/Fooldal

Stripe
Stripe is an Irish-American financial services and technology company.

Stripe’s online payment system enables payment via the following bank cards and digital wallets (in Hungary): MasterCard, VISA, American Express, Apple Pay, Google Pay.

Steps of the payment:

You have selected the goods for which you wish to pay by bank card.
You are then redirected to the present interface, where you can read about card payment and check the data of the transaction you wish to initiate.
After clicking on the “Start transaction” button, you will be redirected to Stripe’s secure payment page where you must enter your card data to start the payment.
After entering the card data, you can start the transaction by clicking the “Pay xxxx Ft” button.
Stripe initiates the debiting of the Cardholder’s account with the transaction amount.
In case of any problem, the transaction page will inform you of its nature and allow you to modify the data.
After successful payment you will automatically return to our card payment closing page, where you will receive feedback on the transaction result.
You may cancel the transaction at any time by clicking the icon marked “Back”. If you are not redirected back from the payment page to this page, the transaction shall not yet be considered unsuccessful.

Further information: stripe.com 

 
Methods and Fees of Delivery
Free delivery above EUR 48

GLS Parcel Locker
More than 1,500 GLS parcel lockers are available in Hungary, where you may pick up your parcel at any time, and you can pay by bank card at the locker.
The gross fee for this method of delivery is EUR 2.6.

GLS Courier Service
The product is delivered by GLS courier service.
Further information: https://gls-group.eu/HU/hu/cimzetteknek-nyujtott-szolgaltatasok
The gross fee for this method of delivery is HUF 990.

MPL Parcel Locker
Parcel lockers are essentially control panels with screens and compartments of various sizes containing parcels.
Collection is quick: by entering the code received and your phone number, you can access your order. They are available 24 hours a day.
Further information: https://www.posta.hu/csomagautomata
The gross fee for this method of delivery is HUF 990.

MPL Courier Service
Convenient and simple parcel collection. You may pay by bank card or in cash.
Delivery can be requested to your home address or even to your workplace. Nationwide coverage.
For MPL Business Parcels, there are two delivery attempts included in the basic fee.
Further information: https://www.posta.hu/kuldemeny_erkezese/haznal_torteno_csomagkezbesites
The gross fee for this method of delivery is HUF 990.

Territorial scope of delivery
The Seller delivers Products ordered via the Website to the territory of Hungary and to the following Member States of the European Union (together with Hungary hereinafter: Delivery Countries):

1. Romania
2. Slovakia
3. Czech Republic
4. Poland
5. Austria
6. Germany
7. Slovenia
8. Croatia
9. Italy
10. France
11. Belgium
12. Netherlands
13. Denmark
14. Spain
15. Portugal
16. Greece

For deliveries within Hungary, the delivery methods listed in the section “Delivery methods, delivery fees” of these General Terms and Conditions are available (including parcel lockers and home delivery services).

For deliveries to any Delivery Country other than Hungary, the Seller offers standard delivery exclusively via GLS courier home delivery to the delivery address specified by the Buyer. Other delivery options (such as parcel lockers, MPL services or similar alternatives) are not available for cross-border deliveries.

Delivery to countries other than the above Delivery Countries is not offered by the Seller under its standard delivery services. Customers having their habitual residence or establishment in another EU Member State may place orders only if they (i) provide a delivery address located in one of the Delivery Countries, or (ii) organise the cross-border transport of the Products at their own risk and expense, in accordance with the provisions set out in the section “Sales to foreign countries” of these General Terms and Conditions.

 
Time Limit for Performance
The general deadline for performance is within 1–5 working days from confirmation of the order. In the event of delay by the Seller, the Buyer may set an additional deadline. If the Seller fails to perform within this additional deadline, the Buyer is entitled to withdraw from the contract. Any delivery deadline differing from this general performance period for specific delivery methods will always be indicated.

 
Reservation of Rights, Retention of Title
If you previously ordered Goods and did not accept them on delivery (except where you exercised your right of withdrawal), or if the Goods were returned to the Seller with the remark “not claimed”, the Seller may make fulfilment of any new order subject to advance payment of the purchase price and delivery costs.

The Seller may withhold delivery of the Goods until it has verified that payment of the price of the Goods has been successfully completed via electronic payment (including cases where, for Goods paid by bank transfer, the Buyer pays in the currency of his/her Member State and, due to currency conversion and bank charges, the Seller does not receive the full amount of the purchase price and delivery fee). If the price of the Goods has not been paid in full, the Seller may call upon the Buyer to pay the shortfall.

 
Sale to Foreign Countries
The Seller does not discriminate between Buyers located within Hungary and those located in other Member States of the European Union when using the Website. Unless otherwise provided in these GTC, the Seller ensures delivery/collection of Goods ordered within the territory of Hungary.

These GTC also apply to purchases made outside Hungary, provided that under the relevant Regulation, for the purposes of this clause, a buyer is a consumer who is a national of a Member State or has a place of residence in a Member State, or a business established in a Member State, which purchases goods or services within the European Union solely for end-use or acts with that intention. A consumer is a natural person acting for purposes outside his or her trade, business, craft or profession.

The primary language of communication and purchase is Hungarian; the Seller is not obliged to communicate with the Buyer in the Buyer’s national language.

The Seller is not obliged to comply with any non-contractual requirements relating to the Goods in the Buyer’s national law, such as labelling or sector-specific requirements, nor to inform the Buyer of such requirements.

Unless otherwise provided by the Seller, Hungarian VAT is applied to all Goods.

The Buyer may exercise his/her rights to legal remedies in accordance with these GTC.

Where electronic payment is used, payment is made in the currency determined by the Seller.

The Seller may withhold delivery of the Goods until it has verified that the price of the Goods and the delivery fee have been paid successfully and in full via the electronic payment solution (including cases where, for Goods paid by bank transfer, the Buyer pays in the currency of his/her Member State and, due to currency conversion and bank charges, the Seller does not receive the full amount of the purchase price). If the price of the Goods is not fully paid, the Seller may call upon the Buyer to pay the difference.

The Seller shall provide non-Hungarian Buyers with the same delivery options as those available to Hungarian Buyers.

Where the Buyer may, under these GTC, request delivery of the Goods within Hungary or to another EU Member State, non-Hungarian Buyers may also make such requests using any delivery method set out in these GTC.

Where, under these GTC, the Buyer may choose personal collection of the Goods from the Seller, non-Hungarian Buyers may also avail themselves of this possibility.

In addition, the Buyer may request to organise delivery abroad at his/her own cost. Hungarian Buyers do not have this right.

The Seller shall fulfil the order after payment of the delivery fee. If the Buyer fails to pay the delivery fee to the Seller or fails to arrange his/her own delivery by the pre-agreed date, the Seller may terminate the contract and refund the purchase price in advance paid by the Buyer.

 
Consumer Information
Information on the Consumer’s Right of Withdrawal
Under Section 8:1 (1) point 3 of the Civil Code, only a natural person acting for purposes outside his or her trade, business, craft or profession is considered a consumer; therefore, legal persons cannot exercise the right of withdrawal without giving reasons.

Under Section 20 of Government Decree 45/2014 (II.26.), the Consumer has the right to withdraw from the contract without giving reasons. The Consumer may exercise his/her right of withdrawal:

a) in the case of a contract for the sale of Goods
aa) with regard to the Goods,
ab) where several Goods are sold under a single contract and the individual Goods are delivered at different times, with regard to the last of the Goods delivered,

within 14 calendar days from the date on which the Consumer or a third party other than the carrier and indicated by the Consumer takes possession of the Goods.

The above shall not affect the Consumer’s right to exercise his/her right of withdrawal between the date of conclusion of the contract and the date of receipt of the Goods.

If the contract is concluded on the basis of an offer made by the Consumer, the Consumer shall have the right to withdraw the offer before the conclusion of the contract, which terminates the binding effect of the offer. If the Seller fails to inform the Consumer about the time limit and other conditions for exercising the right of withdrawal (in particular those set out in Section 22 of the Decree), and fails to provide the model withdrawal form set out in Annex 2, the deadline for withdrawal shall be extended by 12 months. If the Seller provides the information on the right of withdrawal within 12 months of the expiry of the original deadline, the withdrawal period shall end 14 days after the date on which the Consumer receives the information.

Declaration of Withdrawal – Exercising the Consumer’s Right of Withdrawal or Termination
The Consumer may exercise his/her right under Section 20 of Government Decree 45/2014 (II.26.) by making an unequivocal statement to this effect, or by using the model withdrawal form that can also be downloaded from the Website.

Validity of the Consumer’s Withdrawal
Withdrawal shall be deemed to have been exercised in due time if the Consumer sends his/her declaration within the time limit. In the case of written withdrawal or termination, it is sufficient to send the withdrawal or termination statement within the time limit.

The Consumer bears the burden of proving that the right of withdrawal has been exercised in accordance with this provision.

The Seller shall confirm receipt of the Consumer’s withdrawal declaration on a durable medium.

 
Obligations of the Seller in Case of Consumer Withdrawal
Seller’s Obligation to Refund
If the Consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II.26.), the Seller shall refund all amounts paid by the Consumer as consideration, including costs incurred in relation to performance, in particular delivery charges, no later than 14 days from the date on which it is informed of the withdrawal.
Please note that this provision does not apply to additional costs arising from the Consumer’s choice of a mode of delivery other than the least expensive standard delivery method offered.

Method of Refund
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 by the same method of payment as used by the Consumer. With the explicit consent of the Consumer, the Seller may use another payment method, but this may not result in any additional charges for the Consumer. The Seller shall not be liable for any delay caused by the Consumer providing an incorrect and/or inaccurate bank account number or postal address.

Additional Costs
If the Consumer expressly chooses a mode of delivery other than the least expensive standard mode of delivery, the Seller shall not be obliged to reimburse the additional costs resulting therefrom. In such a case, our refund obligation shall extend to the standard delivery charges indicated.

Right of Retention
The Seller may withhold the refund due to the Consumer until the Consumer has returned the Goods or has provided proof beyond doubt that they have been sent back, whichever is the earlier. We are unable to accept parcels sent by cash on delivery or carriage forward.

 
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.), he/she shall return the Goods or hand them over to the Seller or a person authorised by the Seller to receive the Goods without undue delay, but no later than 14 days from the date of notification of the withdrawal. The return shall be deemed to have been effected in due time if the Consumer sends the Goods before the expiry of the time limit.

Direct Costs of Returning the Goods
The Consumer shall bear the direct cost of returning the Goods. The Goods must be returned to the Seller’s address.

Where the Seller also sells the Goods in a physical shop and the Consumer exercises his/her right of withdrawal in person at the business premises, he/she may simultaneously return the Goods to the business.

If, after performance has begun, the Consumer terminates a contract for the provision of services concluded outside business premises or at a distance, he/she shall pay the business an amount proportionate to the services provided up to the time the business is notified of the termination. The proportionate amount payable by the Consumer shall be determined on the basis of the total amount of consideration plus tax laid down in the contract. If the Consumer proves that the total amount calculated in this way is excessive, the proportionate amount shall be calculated on the basis of the market value of the services performed up to the termination of the contract.

Please note that we are unable to accept Goods returned by cash on delivery or carriage forward.

Consumer’s Liability for Diminished Value
The Consumer shall be liable for any diminished value of the Goods resulting from use other than what is necessary to establish the nature, characteristics and functioning of the Goods.

If, under the applicable legislation, the right of withdrawal cannot be exercised, or may only be exercised subject to conditions, the Buyer is not entitled to use the Goods even for trial purposes.

 
Cases Where the Right of Withdrawal May Not Be Exercised
The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal in the cases set out in Section 29 (1) of Government Decree 45/2014 (II.26.), including in particular where the contract relates to:

a) the provision of services after full performance of the service, where performance has begun with the Consumer’s express prior consent and acknowledgment that he/she loses his/her right of withdrawal once the contract has been fully performed;

b) Goods or services whose price or fee depends on financial market movements which cannot be influenced by the business and which may occur during the withdrawal period;

c) Goods which are not prefabricated, which are made on the basis of the Consumer’s instructions or at his or her express request, or Goods which are clearly personalised;

d) perishable Goods or Goods with a short shelf life;

e) sealed Goods which are not suitable for return for health protection or hygiene reasons and were unsealed after delivery;

f) Goods which, due to their nature, are inseparably mixed with other items after delivery;

g) alcoholic beverages, the actual value of which depends on market fluctuations that cannot be controlled by the business, and the price of which has been agreed upon at the time of the conclusion of the sales contract, but which can only be delivered after 30 days;

h) contracts where the business, at the express request of the Consumer, visits the Consumer to carry out urgent repair or maintenance work;

i) sealed audio or video recordings or sealed computer software which were unsealed by the Consumer after delivery;

j) newspapers, periodicals or magazines, with the exception of subscription contracts;

k) contracts concluded at a public auction;

l) contracts for accommodation for purposes other than residential, transport of goods, car rental, catering or services related to leisure activities where the contract provides for a specific date or period of performance;

m) the supply of digital content which is not supplied on a tangible medium, where performance has begun with the Consumer’s express prior consent and simultaneous acknowledgment that he/she thereby loses his/her right of withdrawal, and the business has sent confirmation to the Consumer.

 
Information on Product Warranty and Statutory Warranty for Conformity of the Goods – for Consumer Contracts
This Consumer Information section has been prepared under the authorisation of Section 11 (5) of Government Decree 45/2014 (II.26.) taking into account Annex 3 thereto.

This Consumer Information applies exclusively to Buyers who qualify as Consumers. Rules applicable to Buyers who are not Consumers are set out in a separate chapter.

Requirements for Conformity of Performance in Consumer Contracts
General Requirements for Conformity for Goods and Goods with Digital Elements
The Goods and performance must meet the requirements set out in Government Decree 373/2021 (VI.30.) at the time of performance.

For performance to be considered contract-conform, the Goods:

must be in conformity with the description, quantity, quality and type set out in the contract and must possess the functionality, compatibility, interoperability and other features specified in the contract;
must be fit for any particular purpose required by the Consumer, made known to the Seller at the latest at the time of conclusion of the contract and accepted by the Seller;
must be supplied with all accessories, instructions, including installation instructions, installation and customer support, as set out in the contract; and
must be supplied with the updates specified in the contract.
Furthermore, for performance to be considered contract-conform, the Goods must:

be suitable for the purposes for which goods of the same type are normally used, taking into account provisions of legislation, technical standards or, in the absence thereof, industry codes of conduct;
have the quantity, quality, performance and other features, including durability and safety, and functionality, compatibility, availability and continuity, normal for goods of the same type and which the Consumer can reasonably expect, taking into account any public statement made by or on behalf of the Seller or other persons earlier in the supply chain, in particular in advertising or on labelling, regarding the specific characteristics of the Goods;
be supplied with such accessories and instructions as the Consumer may reasonably expect; and
match the description of any sample or model which the Seller made available to the Consumer before the conclusion of the contract.
The Goods need not comply with any public statement if the Seller proves that:

the public statement was unknown to it and could not reasonably have been expected to be known;
by the time of the conclusion of the contract the public statement had been corrected; or
the public statement could not have influenced the decision to conclude the contract.
Non-conforming Performance in the Sale of Goods
The Seller performs defectively if the defect in the Goods results from improper installation, provided that:

a) installation is part of the contract and was performed by or under the responsibility of the Seller; or
b) the installation was to be carried out by the Consumer and improper installation is due to shortcomings in the installation instructions provided by the Seller or, in the case of Goods with digital elements, by the provider of the digital content or digital service.

If, according to the contract, the Goods are installed by the Seller or under its responsibility, performance is deemed to be completed when installation has been completed.

For Goods with digital elements, if the contract provides for continuous supply of digital content or a digital service for a specified period, the Seller is liable for any defect in the digital content that becomes apparent within two years from the time of performance where the continuous supply is not more than two years.

Requirements for Conformity in the Case of Goods with Digital Elements
For Goods with digital elements, the Seller must ensure that the Consumer is informed of and provided with updates – including security updates – necessary to maintain conformity.

The Seller must make available updates:

where the contract provides for a one-off supply of digital content or a digital service, for the period the Consumer may reasonably expect based on the type and purpose of the Goods and digital elements and taking into account the circumstances and nature of the contract; or
where the contract provides for a continuous supply of digital content or a digital service for a specified period, for a period of two years from the time of performance, where the continuous supply does not exceed two years.
If the Consumer fails to install, within a reasonable time, the updates provided, the Seller shall not be liable for any lack of conformity resulting solely from the absence of such update, provided that:

a) the Seller has informed the Consumer of the availability of the update and of the consequences of failure to install it; and
b) failure to install the update or incorrect installation of the update by the Consumer is not due to shortcomings in the installation instructions provided by the Seller.

There is no lack of conformity if, at the time of the conclusion of the contract, the Consumer was specifically informed that a particular characteristic of the Goods deviates from the objective conformity requirements and the Consumer expressly and separately accepted such deviation.

The Seller performs defectively if a lack of conformity in the digital content or digital service results from improper integration into the Consumer’s digital environment, provided that:

the digital content was integrated by the Seller or on its behalf; or
integration was to be carried out by the Consumer and improper integration is due to shortcomings in the integration instructions provided by the Seller.
If the contract provides for continuous supply of digital content or a digital service for a specified period, the Seller is liable for any lack of conformity that occurs or becomes apparent during the contractual period.

If the contract provides for a one-off supply or a series of separate supplies, any lack of conformity that becomes apparent within one year from the time of performance shall be presumed to have existed at the time of performance, unless proved otherwise. The Seller shall not be deemed to have performed defectively if it proves that the Consumer’s digital environment is incompatible with the technical requirements of the digital content or digital service and it informed the Consumer clearly and intelligibly of this before the conclusion of the contract.

The Consumer shall cooperate with the Seller in order to enable the Seller, using the least intrusive technical means available and reasonably expected of the Consumer, to assess whether the lack of conformity is due to the Consumer’s digital environment. If the Consumer fails to comply with this cooperation obligation after being clearly and understandably informed thereof before the conclusion of the contract, the burden of proof lies with the Consumer to show that:

a lack of conformity which has become apparent within one year of performance already existed at the time of performance; or
a lack of conformity that has become apparent during the contractual period exists in a service which was not contract-conform during the period of performance.
Requirements for Conformity in Contracts for the Supply of Digital Content
The Seller supplies or makes the digital content available to the Consumer. Unless otherwise agreed:

the Seller shall supply the digital content to the Consumer without undue delay after conclusion of the contract in the latest version available at the time of conclusion;
performance is deemed to have occurred when the digital content or a means of access or download has been supplied to the Consumer or to a physical or virtual device selected for this purpose by the Consumer.
The Seller must ensure that the Consumer is informed of and provided with updates – including security updates – necessary to maintain conformity of the digital content or digital service.

If the contract provides for continuous supply of digital content for a specified period, conformity must be ensured throughout the contractual period.

If the Consumer fails to install updates made available by the Seller within a reasonable time, the Seller shall not be liable for lack of conformity resulting solely from the absence of such update, provided that:

the Seller has informed the Consumer of the availability of the update and of the consequences of failure to install it; and
failure to install the update or incorrect installation is not due to shortcomings in the installation instructions provided by the Seller.
There is no lack of conformity if, at the time of conclusion of the contract, the Consumer was expressly informed that a particular characteristic of the digital content deviates from the conformity requirements and the Consumer expressly and separately accepted such deviation.

The Seller performs defectively if a lack of conformity arises from improper integration of the digital content into the Consumer’s digital environment, provided that:

the integration was carried out by or under the responsibility of the Seller; or
the integration was to be carried out by the Consumer and improper integration is due to shortcomings in the integration instructions provided by the Seller.
If the contract provides for continuous supply of digital content or a digital service for a specified period, the Seller is liable for any lack of conformity that occurs or becomes apparent during the contractual period.

If the contract provides for a one-off supply or a series of separate supplies, any lack of conformity that becomes apparent within one year of performance shall be presumed to have existed at the time of performance, unless proved otherwise. The Seller shall not be deemed to have performed defectively if it proves that the Consumer’s digital environment is incompatible with the technical requirements of the digital content or service and it informed the Consumer clearly and intelligibly of this before the conclusion of the contract.

The Consumer shall cooperate with the Seller to enable the Seller, using the least intrusive technical means available and reasonably expected of the Consumer, to assess whether the lack of conformity is due to the Consumer’s digital environment. If the Consumer fails to comply with this obligation after being clearly and intelligibly informed thereof before the conclusion of the contract, the burden of proof lies with the Consumer to show that:

a lack of conformity that becomes apparent within one year of performance already existed at the time of performance; or
where the contract provides for continuous supply, a lack of conformity identified during the contractual period existed at some point during the period when the service was to be provided in accordance with the contract.
 
Statutory Warranty for Defects 
When Can You Exercise Your Statutory Warranty Rights?
In the event of defective performance by the Seller, you may assert a statutory warranty claim against the Seller in accordance with the Civil Code and, in the case of consumer contracts, Government Decree 373/2021 (VI.30.).

What Rights Do You Have Under Statutory Warranty?
You may, at your choice, make the following statutory warranty claims:

request repair or replacement, unless the remedy chosen is impossible or would result in disproportionate additional costs for the Seller compared to another remedy;
if you did not or could not request repair or replacement, you may request a proportionate reduction in the price, repair the defect yourself or have it repaired at the Seller’s expense, or – as a last resort – withdraw from the contract.
You may switch from your chosen statutory warranty right to another; however, you shall bear the cost of such switch, unless it was justified or the Seller gave cause for it.

In consumer contracts, any lack of conformity that becomes apparent within one year of the time of performance of the goods or goods with digital elements shall be presumed to have existed at the time of performance, unless incompatible with the nature of the goods or the nature of the lack of conformity.

In the case of used Goods, statutory warranty and guarantee rights differ from the general rules. Used Goods may also be defective; however, defects must be assessed taking into account the circumstances which the Buyer could reasonably anticipate. Due to wear and tear, certain defects may occur more frequently, and it cannot be expected that a used Good be of the same quality as a new one. Therefore, the Buyer may only exercise statutory warranty rights in respect of such defects as are beyond those resulting from normal wear and tear and have arisen independently thereof. If the Good is defective and the Buyer qualifying as a Consumer was informed of this at the time of purchase, the Seller shall not be liable in respect of the known defect.

The Seller may refuse to make the goods conform if repair or replacement is impossible or would result in disproportionate additional costs, taking into account, in particular, the value of the goods in the absence of the defect and the gravity of the defect.

The Consumer is also entitled – proportionate to the gravity of the breach of contract – to request a proportionate price reduction or to terminate the contract if:

the Seller has not effected repair or replacement, or has done so but failed, in whole or in part, to comply with the conditions laid down below:

the Seller shall take back the replaced goods at its own expense;
where repair or replacement requires removal of goods fitted in a manner consistent with their nature and purpose before the defect became apparent, the obligation to repair or replace includes removal of the non-conforming goods and fitting of the replacement or repaired goods, or bearing the cost of removal and fitting;
the Seller has refused to make the goods conform;
a lack of conformity reappears despite the Seller’s attempt to remedy it;
the lack of conformity is so serious as to justify immediate price reduction or termination of the contract; or
it is clear from the circumstances that the Seller will not make the goods conform within a reasonable time or without significant inconvenience to the Consumer.
If the Consumer wishes to terminate the contract due to defective performance, the Seller has the burden of proving that the defect is insignificant.

The Consumer is entitled to retain a proportionate part of the unpaid purchase price, corresponding to the gravity of the breach of contract, until the Seller has complied with its obligations relating to conformity and defective performance.

As a general rule:

the Seller must take back the replaced goods at its own expense;
where repair or replacement requires removal of goods fitted in a manner consistent with their nature and purpose before the defect became apparent, the obligation to repair or replace includes removal of the non-conforming goods and fitting of the replacement or repaired goods, or bearing the cost of removal and fitting.
The reasonable period for repair or replacement begins when the Consumer notifies the defect to the Seller.

The Consumer shall make the goods available to the Seller to enable repair or replacement.

A price reduction is proportionate if its amount corresponds to the difference between the value payable by the Consumer for conforming performance and the value of the goods actually received.

The Consumer may exercise his/her right to terminate the contract by making a declaration to the Seller expressing his/her decision to terminate.

If the defective performance relates to only some of the goods supplied under the contract, and the conditions for termination are met only in respect of those goods, the Consumer may terminate the contract only in respect of the non-conforming goods. The Consumer may also terminate the contract in respect of any other goods acquired together with the non-conforming goods, if it cannot reasonably be expected of the Consumer to keep only the goods that conform.

If the Consumer terminates the whole contract or a part thereof, then:

the Consumer shall return the goods to the Seller at the Seller’s expense; and
the Seller shall, without delay, reimburse the Consumer the purchase price paid in respect of the goods once it has received the goods or proof of dispatch.
Time Limit for Asserting Statutory Warranty Claims
You must notify the Seller of the defect without undue delay after discovering it. A defect notified within two months from discovery shall be deemed to have been notified without delay. At the same time, please note that statutory warranty rights cannot be enforced after two years from performance.

The period of limitation does not include the time during which the goods have been under repair and the Buyer could not use them properly.

In respect of any part of the goods replaced or repaired, the limitation period recommences. The same rule applies if a new defect arises as a consequence of the repair.

If the contract is concluded between the Consumer and the business and relates to used goods, the Parties may agree on a shorter limitation period; however, this may not be less than one year.

Against Whom Can Statutory Warranty Claims Be Enforced?
You may enforce your statutory warranty claim against the Seller.

Further Condition of Enforcing Statutory Warranty Rights
Within one year from performance, enforcement of statutory warranty rights is not subject to any further condition other than notification of the defect if you can prove that the goods were supplied by the Seller. After one year from performance, you bear the burden of proof that the defect existed at the time of performance.

 
Product Warranty 

When Can You Exercise Product Warranty Rights?
In the event of a defect in a movable item (Goods), you may choose to exercise either statutory warranty rights against the Seller or product warranty rights against the Manufacturer under the Civil Code.

What Rights Do You Have Under Product Warranty?
Under product warranty, you may only request repair or replacement of the defective Goods.

When Is a Product Considered Defective?
The product is defective if it does not meet the quality requirements in force at the time of placing it on the market or if it does not have the characteristics described by the manufacturer.

Time Limit for Asserting Product Warranty Rights
You may assert your product warranty claim within two years from the date the product was placed on the market by the manufacturer. Upon expiry of this period, you lose this right.

Against Whom Can Product Warranty Claims Be Enforced?
You may exercise product warranty rights against the manufacturer or distributor of the product (together: the Manufacturer).

Burden of Proof
When asserting a product warranty claim, you must prove that the product is defective.

When Is the Manufacturer Exempt from Product Warranty Obligations?
The Manufacturer is exempt from the product warranty obligation if it proves that:

it did not manufacture or market the product in the course of its business;
the defect was not detectable in light of the state of scientific and technical knowledge at the time the product was placed on the market; or
the defect in the product results from the application of legislation or mandatory official requirements.
The Manufacturer needs to prove only one ground for exemption.

Please note that you cannot simultaneously assert both statutory warranty and product warranty claims for the same defect. In the event of successful enforcement of a product warranty claim resulting in replacement or repair, you may assert statutory warranty rights against the Seller in respect of the replaced product or repaired part.

 
Guarantee 
When Can You Exercise Guarantee Rights?
Under Government Decree 151/2003 (IX.22.) on mandatory guarantee for certain durable consumer goods, the Seller is obliged to provide a guarantee for new durable consumer goods listed in Annex 1 to Decree 10/2024 (VI.28.) of the Ministry of Justice, and for their accessories and components as defined therein (hereinafter – in this section jointly – consumer goods), sold to Consumers.

Guarantee rights may be enforced on the basis of a guarantee certificate, and the business may not make the return of the original packaging a condition for enforcing guarantee rights. If the business fails to provide the guarantee certificate, the contract shall nevertheless be deemed concluded, and the guarantee may be enforced with the invoice or receipt proving payment of the consideration.

The Seller may also voluntarily provide a guarantee, in which case it must provide a guarantee declaration to the Consumer. The guarantee declaration must be made available to the Consumer on a durable medium at the latest upon performance.

The guarantee declaration must indicate:

a clear statement that, in the event of defective performance, the Consumer is entitled, free of charge, to exercise statutory warranty rights under the law, and that such rights are not affected by the guarantee;
the name and address of the person providing the guarantee;
the procedure to be followed by the Consumer in order to enforce the guarantee;
identification of the goods covered by the guarantee;
the terms and conditions of the guarantee;
the purchase price of the Goods.
Rights and Time Limits Under Mandatory Guarantee
Guarantee rights
On the basis of guarantee, the Buyer may request repair or replacement and, in certain cases provided by law, a price reduction, or may ultimately withdraw from the contract if the Seller does not undertake repair or replacement, or cannot fulfil this obligation within an appropriate time, or if the Buyer’s interest in performance ceases to exist.

The Buyer may notify guarantee claims at the Seller’s registered seat, and at any premises or branch, or directly at any repair service indicated on the guarantee certificate.

Time limit for enforcement
Guarantee rights may be enforced during the guarantee period, which according to Government Decree 151/2003 (IX.22.) is:

a) two years in the case of goods with a purchase price of at least HUF 10,000 but not more than HUF 250,000;
b) three years in the case of goods with a purchase price above HUF 250,000.

Failure to comply with these time limits results in loss of rights, but in the event of repair, the guarantee period shall be extended by the time during which the Buyer could not use the goods properly due to their defect.

The guarantee period begins upon delivery of the goods to the Buyer or, if installation is performed by the Seller or its agent, on the date of installation. If the Buyer arranges installation later than six months after delivery, the guarantee period begins on the date of delivery.

Rules on Handling Guarantee Claims
The Seller should strive to complete repairs within 15 days. This period starts on the date the goods are taken over.

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

If, during the first repair effort within the guarantee period, it is established that the consumer goods are not repairable, the Seller must replace them within eight days, unless the Buyer instructs otherwise. If replacement is impossible, the Seller shall refund the purchase price indicated on the invoice or receipt within eight days.

By accepting these GTC, the Buyer consents to receive information electronically or in another way that enables proof of receipt.

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

if the Buyer consents, the Seller may perform repair at a later date; or
if the Buyer does not consent to later repair, or fails to respond, the Seller must replace the goods within eight days following the unsuccessful expiry of the 30-day repair period; or
if the Buyer does not consent to later repair or fails to respond and replacement is impossible, the Seller must refund the purchase price indicated on the invoice or receipt within eight days of the unsuccessful expiry of the 30-day period.
If the consumer goods malfunction for a fourth time during the guarantee period, the Seller must replace them within eight days, unless otherwise instructed by the Consumer. If replacement is impossible, the Seller must refund the purchase price indicated on the invoice or receipt within eight days.

In the case of products subject to mandatory guarantee and which are permanently installed, weigh more than 10 kg or cannot be transported by public transport as hand luggage (excluding vehicles), repair must be carried out at the place of operation. If on-site repair is not possible, the Seller or the repair service is responsible for removal, reinstallation and transport.

Exceptions from Guarantee Rules
The rules under “Rules on Handling Guarantee Claims” do not apply to e-bicycles, e-scooters, quads, motorcycles, mopeds, passenger cars, motorhomes, caravans, trailer caravans, trailers and motorised watercraft. For such goods the Seller must nonetheless strive to complete repair within 15 days and, if this is exceeded, must inform the Buyer of the expected repair or replacement period.

Relationship Between Guarantee and Other Warranty Rights
Guarantee rights exist in addition to statutory warranty rights (for defects and products). An important difference is that under guarantee, the burden of proof is more favourable to the Consumer.

The Seller’s voluntary guarantee during the mandatory guarantee period may not contain conditions less favourable to the Consumer than those laid down in legislation on mandatory guarantee. Thereafter, voluntary guarantee terms may be freely determined, but the guarantee may not limit the Consumer’s statutory rights, including statutory warranty.

Replacement Within Three Working Days
The institution of replacement within three working days also applies to sales via web stores. For new durable consumer goods, if the Buyer enforces the replacement right within three working days, the Seller must consider the goods defective at the time of sale and must replace the goods without further examination.

Exemption from Guarantee Obligations
The Seller is exempt from guarantee obligations only if it proves that the cause of the defect arose after performance.

Please note that you may not simultaneously enforce statutory warranty and guarantee, or product warranty and guarantee, for the same defect. If you successfully enforce one claim (e.g. replacement of the product by the Seller), you may not enforce another claim on the same legal ground and for the same defect.

 
Information on Statutory Warranty and Product Warranty for Buyers Not Qualifying as Consumers
General Statutory Warranty Rules
A Buyer who does not qualify as a Consumer may, at his/her choice, exercise the following statutory warranty rights:

request repair or replacement, unless the chosen remedy is impossible or would impose disproportionate additional costs on the Seller;
if repair or replacement is not requested or cannot be requested, the Buyer may claim a proportionate price reduction, or repair the defect or have it repaired at the Seller’s expense, or – as a last resort – withdraw from the contract.
The Buyer may change his/her chosen statutory warranty right, but must bear the cost of such change, unless it was justified or caused by the Seller.

In the case of used Goods, statutory warranty and guarantee rights differ from the general rules, in the same way as described above: the Buyer may only enforce warranty rights in respect of defects that exceed those arising from normal wear and tear.

For Buyers not qualifying as Consumers, the limitation period for statutory warranty claims is 1 year from the date of performance (delivery).

Product Warranty and Guarantee
Product warranty and mandatory guarantee are only available to Buyers qualifying as Consumers.

If the Seller provides a voluntary guarantee for certain Goods, this will be indicated at the time of purchase.

If the manufacturer provides a manufacturer’s guarantee that also applies to non-Consumer Buyers, such guarantee may be enforced directly against the manufacturer.