Consumer information on 45/2014. (II. 26.) Government Decree
- Consumer information
Information on the consumer's right of withdrawal for the buyer
As a consumer, the Civil Code. 8: 1. According to § 1, point 3, only a natural person acting outside the scope of his / her profession, independent occupation or business activity qualifies, so legal persons may not exercise the right of withdrawal without justification!
The consumer is protected by 45/2014. (II. 26.) has the right to withdraw without justification. The consumer has the right of withdrawal
(a) in the case of a contract for the sale of a product
- aa) the product,
(ab) in the case of the sale of several products, if each product is supplied at different times, to the last product supplied,
it may be exercised within a period of 30 days from the date of receipt by the consumer or a third party other than the carrier designated by him .
Nothing in this point shall affect the consumer's right to exercise the right of withdrawal provided for in this point between the date of conclusion of the contract and the date of receipt of the product.
If the consumer has made an offer to conclude the contract, the consumer has the right to withdraw the offer before concluding the contract, which removes the obligation to make an offer covering the conclusion of the contract.
Statement of withdrawal, exercise of the consumer 's right of withdrawal or cancellation
The consumer is in 45/2014. (II. 26.) may be exercised by means of a clear statement to that effect or by using a sample statement that can also be downloaded from the website.
Validity of the consumer 's statement of withdrawal
The right of withdrawal shall be deemed to have been exercised within the time limit if the consumer submits his declaration within the time limit. The deadline is 30 days .
It is for the consumer to prove that he has exercised his right of withdrawal in accordance with this provision.
The Seller is obliged to confirm the consumer's statement of withdrawal immediately upon its receipt on an electronic data carrier, provided that it also provides the consumer with the exercise of the right of withdrawal on its website.
Obligations of the Seller in the event of withdrawal by the consumer
Seller's obligation to refund
If the consumer in 45/2014. (II. 26.) of the Government, the Seller shall reimburse the full amount paid by the consumer as consideration, including the costs incurred in connection with the performance, such as the delivery fee is. Please note that this provision does not apply to additional costs incurred by choosing a mode of transport other than the least expensive standard mode of transport.
Method of Seller's Obligation to Refund
A 45/2014. (II. 26.) in accordance with Section 22 of the Government Decree, the Seller shall reimburse the amount returned to the consumer in the same way as the payment method used by the consumer. With the express consent of the consumer, the Seller may use another method of payment for the refund, but the consumer may not be charged any additional fees as a result. The Seller shall not be liable for any delay due to a bank account number or postal address provided incorrectly and / or inaccurately by the Consumer.
If the consumer specifically chooses a mode of transport other than the least expensive standard mode of transport, the Seller shall not be obliged to reimburse the resulting additional costs. In this case, we are obliged to refund up to the general shipping rates indicated.
Right of retention
The Seller may withhold the amount returned to the consumer until the consumer has returned the product or has proved beyond a reasonable doubt that it has been returned; the earlier of the two dates shall be taken into account. We are unable to accept cash on delivery or postage.
In the event of withdrawal or termination of the consumer 's obligations
If the consumer in 45/2014. (II. 26.), it is obliged to return the product immediately, but no later than within fourteen days from the notification of the withdrawal, or to hand it over to the Seller or the person authorized by the Seller to receive the product. Return shall be deemed to have been completed within the time limit if the consumer sends the product before the time limit expires.
To bear the direct costs of returning the product
The consumer bears the direct cost of returning the product. The product must be returned to the Seller's address. If, after the commencement of performance, the consumer terminates the contract for the provision of services outside the business premises or in absentia, he shall pay the business a fee proportionate to the service provided up to the date of notification to the business. The amount to be paid proportionally by the consumer shall be determined on the basis of the total amount of consideration provided for in the contract, plus tax. If the consumer proves that the total amount thus determined is excessive, the proportional amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. Please take into consideration,
Consumer responsibility for depreciation
The consumer is liable for depreciation resulting from use in excess of that required to determine the nature, characteristics and functioning of the product.
The right of withdrawal may not be exercised in the following cases
The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal pursuant to Section 29 of Government Decree 45/2014 (II.26.). In cases covered by (1):
a) in the case of a contract for the provision of the service after the service overall performance of the company started the performance with the consumer's express prior consent of the consumer to note that after the service as a whole to fulfill loses his right of termination ;
(b) in respect of a product or service the price or charge of which cannot be influenced by the financial market undertaking, is subject to possible fluctuations within a specified period for the exercise of the right of withdrawal;
c)in the case of a non-prefabricated product which has been produced on the consumer's instructions or at his express request, or in the case of a product which is clearly personalized to the consumer;
(d) in the case of a perishable or short-lived product;
(e) in the case of a sealed product which, for reasons of health or hygiene, cannot be returned after opening after delivery;
(f) in respect of a product which, by its nature, is inseparably mixed with another product after transfer;
g)in the case of an alcoholic beverage the actual value of which depends on market fluctuations beyond the control of the undertaking and the price of which was agreed by the parties when the contract of sale was concluded, but which is not performed until the thirtieth day after its conclusion;
(h) in the case of a business contract where the business, at the consumer's express request, visits the consumer to carry out urgent repair or maintenance work;
(i) for the sale and purchase of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery;
j)in respect of newspapers, periodicals and periodicals, other than subscription contracts;
(k) in the case of contracts awarded by public auction;
(l) in the case of a contract for the provision of accommodation, transport, car rental, catering or leisure services, other than a residential service, if a performance date or time limit specified in the contract has been set;
(m) in the case of digital content provided on intangible media, where the business has commenced performance with the consumer's express prior consent and the consumer has stated at the same time that he loses his right of withdrawal after the commencement of performance.
Supplies warranty, product warranty, warranty
This section of the consumer information was prepared pursuant to the authorization of Section 9 (3) of Government Decree 45/2014 (II.26.) Using Annex 3 of Government Decree 45/2014 (II.26.).
In what cases can you exercise your right to warranty for supplies?
In the event of faulty performance by the Seller, you may assert a warranty claim against the Seller in accordance with the rules of the Civil Code.
What rights do you have based on your supplies warranty claim?
You can choose to have the following supplies warranty claims:
You may request a repair or replacement, unless it is impossible to meet the demand of your choice or it would incur a disproportionate additional cost to Seller in meeting your other demand. If you have not requested or could not request the repair or replacement, you may request a proportionate delivery of the consideration or the defect may be repaired at the expense of the Seller, or repaired by someone else, or - ultimately - withdraw from the contract.
You may transfer from your chosen supply warranty to another, however, you will bear the cost of the transfer, unless it was justified or given by the Seller.
What is the deadline for claiming your warranty?
You must report the defect immediately after it is discovered, but no later than two months after the defect is discovered. However, please note that you may no longer exercise your warranty rights beyond the two-year limitation period from the performance of the contract.
If the subject of the contract between the consumer and the business is a second-hand item, the parties may agree on a shorter limitation period; a limitation period of less than one year may not be validly established in this case either.
To whom can you enforce your warranty claim?
You can assert your warranty claim against the Seller.
What are the other conditions for enforcing your warranty rights?
Within six months of performance, there are no conditions other than the notification of the defect to enforce your warranty claim if you certify that the product or service was provided by Seller. However, after six months from the date of performance, you must prove that the defect you identified already existed at the time of performance.
In the case of used products, the warranty and guarantee rights develop differently from the general rules. In the case of used products, we can also talk about defective performance, but the circumstances on the basis of which the Buyer could expect certain defects to occur must be taken into account. Due to obsolescence, the occurrence of certain defects is becoming more frequent, as a result of which it cannot be assumed that a used product can have the same quality as a newly purchased one. Based on this, the Buyer may only enforce its warranty rights in respect of defects that are beyond the defects arising from the use and have arisen independently of them. If the used product is defective and the Consumer, who is a Consumer, was informed about it at the time of purchase,
In what cases can you exercise your product warranty rights?
In the event of a defect in a movable thing (product), you may, at your option, assert a warranty claim or a product warranty claim.
What rights do you have based on your product warranty claim?
As a product warranty claim, you may only request the repair or replacement of a defective product.
In which case is the product considered defective?
A product is defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not have the characteristics specified by the manufacturer.
What is the deadline for you to enforce your product warranty claim?
You can assert your product warranty claim within two years of the product being placed on the market by the manufacturer. Upon expiry of this period, he shall lose this right.
Against whom and under what other conditions can you assert your product warranty claim?
You can only make a product warranty claim against the manufacturer or distributor of the movable item. You must prove the defect of the product in the event of a product warranty claim.
In which cases is the manufacturer (distributor) released from its product warranty obligation?
The manufacturer (distributor) is only released from its product warranty obligation if he can prove that:
- the product was not manufactured or marketed in the course of his non - business activities, or
- the defect was not detectable at the time of placing on the market according to the state of the art or
- the defect of the product results from the application of legislation or a mandatory official regulation.
It is sufficient for the manufacturer (distributor) to prove a reason for the exemption.
Please note that due to the same error, you cannot claim a warranty for a product and a product warranty at the same time, in parallel. However, if your product warranty claim is successfully enforced, you can assert your warranty claim against the manufacturer for the replaced product or repaired part.
In what cases can you exercise your right to warranty?
In case of defective performance, Decree 151/2003 on the mandatory warranty for certain durable consumer goods. (IX. 22.) of the Government, the Seller is obliged to provide a guarantee.
Legislation stipulates the provision of a guarantee for durable consumer goods (eg technical items, tools, machines) and their parts, the purchase value of which exceeds HUF 10,000.
What rights do you have under the warranty and within what period?
151/2003 on the mandatory warranty for certain consumer durables. (IX. 22.) defines the cases of the mandatory guarantee. In the case of Products not covered by this case, the Seller does not provide a warranty. The warranty claim can be enforced during the warranty period. If the obligor fails to comply with his obligation to call upon the claimant within a reasonable time, the warranty claim may be enforced in court within three months of the expiry of the time limit set in the call, even if the warranty period has expired. Failure to meet this deadline will result in disqualification. The rules governing the exercise of warranty rights shall otherwise apply mutatis mutandis to the enforcement of warranty claims. The warranty period is one year. Failure to meet this deadline will result in disqualification. The warranty period begins with the delivery of the consumer product to the consumer or, if the commissioning is carried out by the business or its agent, begins on the day of commissioning. If you have any warranty claims for more than one year, please contact the manufacturer!
What does the warranty have to do with other warranty rights?
The warranty is valid in addition to the warranty rights (product and accessory warranty), a fundamental difference between the general warranty rights and the warranty is that the burden of proof is more favorable to the consumer in the case of a warranty.
Consumables with a fixed connection that are subject to the mandatory warranty according to Government Decree 151/2003 or that weigh more than 10 kg or cannot be transported as a manual package on public transport vehicles, with the exception of vehicles, must be repaired at the place of operation. If repairs cannot be carried out at the place of operation, dismantling and installation, as well as transport and return, will be provided by the company or, in the case of a direct repair request, by the repair service.
The seller's undertaking during the term of the compulsory guarantee may not contain conditions for the consumer which are more unfavorable than the rights guaranteed by the rules of the compulsory guarantee. After that (after 1 year), however, the conditions of the voluntary warranty can be freely determined, however, the warranty in this case cannot affect the existence of the consumer's rights arising from legislation, including the warranty of supplies.
Replacement request within three working days
In the case of sales through a web store, the institution of the exchange request within three working days also applies. Replacement requests within three working days are subject to 151/2003. (IX. 22.) may be enforced in the case of durable consumer goods, according to which if someone validates the institution of the exchange request within 3 working days, the seller must interpret this as meaning that the product was already defective at the time of sale and all you must replace the product without further notice.
When is Seller released from its warranty obligation?
The Seller is released from its warranty obligation only if it proves that the cause of the defect arose after performance.
Please note that due to the same defect, you cannot assert a warranty and guarantee claim, or a product warranty and guarantee claim at the same time, in parallel, otherwise you are entitled to the rights arising from the warranty regardless of the warranty rights.
The deadline for exercising the warranty and guarantee rights written in these GTC starts from the day when the Buyer receives the product.