I. Preamble
If you have any questions regarding these General Terms and Conditions, the use of the Website, individual products or the purchasing process, or if you wish to discuss a specific request with us, please contact our colleague using the contact details provided.
Name: Kismetál Kft.
Registered office: 5051 Zagyvarékas, Fekete Lajos út 82, Hungary
Court of registration: Company Registry Court of the Szolnok Regional Court
Company registration number: 16 09 007265
Tax number: 13023946-2-16
Executive officer: Kis Gyula
Telephone number: +36 20 457 5547
E-mail: info@szarvasmarhatartas.hu
Website: szarvasmarhatartas.hu
Bank account number: 12050002-02188800-00100004 (Raiffeisen Bank)
Name: Hrenko Kft.
Registered office: 4461 Nyírtelek, Petőfi Sándor u. 4, Hungary
Contact: info@hrenko.hu
Website: https://hrenko.hu
Goods: the following items offered on the Website and intended for sale through the Website:
Parties: the Seller and the Buyer jointly
Consumer: a natural person acting for purposes outside his or her trade, independent occupation or business activity
Consumer Contract: a contract one party to which qualifies as a Consumer
Manufacturer: the producer of the Goods; in the case of imported Goods, the importer introducing the Goods into the territory of the European Union; and any person who presents themselves as the manufacturer by placing their name, trademark or other distinguishing mark on the Goods
Website: this website, which serves for the conclusion of the Contract
Contract: a sales contract concluded between the Seller and the Buyer through the Website and electronic correspondence
Durable Medium: any instrument which enables the Consumer or the Business to store information addressed personally to them in a way that is accessible for future reference for a period appropriate to 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 making a contractual statement with a view to concluding a Contract. Such means include, in particular, addressed or unaddressed printed material, standard letters, advertisements published in the press with an order form, catalogues, telephone, fax and devices providing internet access
Distance Contract: a Consumer Contract concluded under an organised distance sales or service-provision scheme without the simultaneous physical presence of the Parties, where, for the purpose of concluding the Contract, the contracting Parties exclusively use one or more Means of Distance Communication
Business: a person acting for purposes relating to their trade, independent occupation or business activity
Buyer/You: the person making an offer to purchase and entering into a Contract through the Website
Guarantee: in contracts concluded between a Consumer and a Business (hereinafter: Consumer Contract), a guarantee within the meaning of the Hungarian Civil Code, comprising:
Purchase Price: the consideration payable for the Goods and for the supply of digital content.
The Contract is governed by Hungarian law and, in particular, by the following legislation:
In addition to the provisions of the applicable mandatory legislation, the content of the Contract concluded between us is governed by these General Terms and Conditions (hereinafter: GTC). Accordingly, these GTC set out the rights and obligations of You and us, the conditions for the conclusion of the Contract, the performance deadlines, the delivery and payment terms, the rules of liability and the conditions for exercising the right of withdrawal.
Technical information required for using the Website which is not included in these GTC is provided in other information available on the Website.
Before finalising your order, You must familiarise yourself with the provisions of these GTC.
The language of Contracts falling within the scope of these GTC is Hungarian.
Contracts falling within the scope of these GTC are not deemed to be contracts made in writing and are not filed by the Seller.
Prices are stated in Hungarian forints and include 27% VAT. The Seller may change the prices for commercial policy reasons. Price changes do not affect Contracts already concluded. If the Seller has displayed an incorrect price and an order has been placed for the Goods but the Parties have not yet concluded a Contract, the Seller shall proceed in accordance with the section of these GTC entitled “Procedure in the event of an incorrect price”.
The following shall be considered manifestly incorrect prices:
If an incorrect price is displayed, the Seller shall offer the Buyer the opportunity to purchase the Goods at the correct price. In possession of this information, the Buyer may decide either to order the Goods at the correct price or to cancel the order without any adverse legal consequences.
The Consumer may submit complaints relating to the Goods or the Seller’s activities using the following contact details:
The Consumer may communicate a complaint to the Business orally or in writing where the complaint concerns conduct, an activity or an omission by the Business, or by a person acting in the interest or on behalf of the Business, that is directly connected with the distribution or sale of goods to Consumers.
The Business must examine an oral complaint immediately and remedy it as necessary. If the Consumer disagrees with the handling of the complaint or the complaint cannot be investigated immediately, the Business must promptly draw up minutes of the complaint and its position concerning the complaint and, in the case of an oral complaint made in person, hand a copy of the minutes to the Consumer on the spot.
In the case of an oral complaint communicated by telephone or through another electronic communications service, the substantive response must be sent to the Consumer no later than within 30 days, at the same time and in accordance with the rules applicable to responses to written complaints. In all other respects, the Business must proceed in accordance with the rules below concerning written complaints.
Unless a directly applicable legal act of the European Union provides otherwise, the Business must provide a substantive written response to a written complaint and arrange for its communication within thirty days of receipt. A shorter time limit may be laid down by legislation and a longer time limit by an Act. The Business must state the reasons for rejecting a complaint.
The Business must assign a unique identification number to any oral complaint communicated by telephone or through an electronic communications service.
The minutes drawn up on the complaint must contain the following:
The Business must retain the minutes of the complaint and a copy of its response for three years and present them to the supervisory authorities upon request.
If a complaint is rejected, the Business must inform the Consumer in writing of the authority or conciliation body before which the Consumer may initiate proceedings, depending on the nature of the complaint. The information must also include the registered office, telephone and online contact details and postal address of the competent authority or of the conciliation body competent according to the Consumer’s place of residence or stay.
The information must also state whether the Business makes use of conciliation body proceedings for the purpose of resolving Consumer disputes. If a Consumer dispute that may exist between the Seller and the Consumer cannot be settled through negotiations, the following enforcement options are available to the Consumer:
A complaint may be lodged with the consumer protection authorities. If a Consumer considers that their consumer rights have been infringed, they are entitled to lodge a complaint with the consumer protection authority competent according to their place of residence.
After assessing the complaint, the authority decides whether to conduct consumer protection proceedings. First-instance consumer protection authority functions are performed by the capital and county government offices competent according to the Consumer’s place of residence. A list is available at: http://www.kormanyhivatal.hu/
The customer is entitled to enforce a 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.
Please be informed that You may submit a Consumer complaint against us. If we reject your Consumer complaint, You are also entitled to apply to the Conciliation Body competent according to your place of residence or stay. A prerequisite for initiating the conciliation body’s proceedings is that the Consumer must first attempt to settle the dispute directly with the Business concerned.
At the Consumer’s request, the conciliation body specified by the Consumer in the application shall have competence instead of the otherwise competent body.
The Business is subject to a duty to cooperate in conciliation body proceedings.
As part of this duty, Businesses are required to send a written response at the request of the conciliation body and are also required to appear before the conciliation body (“ensuring the participation at the hearing of a person authorised to conclude a settlement”).
If the registered office or establishment of the Business is not registered in the county corresponding to the chamber operating the territorially competent conciliation body, the Business’s duty to cooperate extends to offering the possibility of concluding a written settlement meeting the Consumer’s claim.
If the above duty to cooperate is breached, the consumer protection authority has jurisdiction and, as a result of the amendment of the legislation, a mandatory fine must be imposed for unlawful conduct by Businesses; the authority may not refrain from imposing a fine. In addition to the Consumer Protection Act, the relevant provision of the Act on Small and Medium-Sized Enterprises has also been amended, meaning that the imposition of a fine may not be waived in the case of small and medium-sized enterprises either.
For small and medium-sized enterprises, the fine may range from HUF 15,000 to HUF 500,000. For a Business subject to the Accounting Act that is not a small or medium-sized enterprise and has annual net sales revenue exceeding HUF 100 million, the fine may range from HUF 15,000 up to 5% of the Business’s annual net sales revenue, but may not exceed HUF 500 million.
By introducing the mandatory fine, the legislature intends to emphasise cooperation with conciliation bodies and to ensure the active participation of Businesses in conciliation body proceedings.
Conciliation bodies have jurisdiction to resolve Consumer disputes outside court proceedings. Their task is to attempt to bring about a settlement between the Parties for the purpose of resolving the Consumer dispute and, if this is unsuccessful, to issue a decision in the case in order to ensure the simple, fast, effective and cost-efficient enforcement of Consumer rights.
At the request of the Consumer or the Business, the conciliation body provides advice concerning the rights and obligations of the Consumer.
Conciliation body proceedings are initiated upon the Consumer’s application. The application must be submitted in writing to the chair of the conciliation body. The requirement of written form may be satisfied by letter, telegram, telex or fax, or by any other means enabling the recipient to store the data addressed to them in a durable manner for a period appropriate to the purpose of the data and to display the stored data in unchanged form and content.
The application must contain:
The application must be accompanied by the document, or a copy or extract thereof, whose content the Consumer relies upon as evidence, in particular the Business’s written statement rejecting the complaint or, in the absence thereof, any other written evidence available to the Consumer showing that the required attempt at consultation was made.
If the Consumer acts through an authorised representative, the authorisation must be attached to the application.
Further information on the Conciliation Bodies is available at: http://www.bekeltetes.hu
Further information on the territorially competent Conciliation Bodies is available at: https://bekeltetes.hu/index.php?id=testuletek
Baranya County Conciliation Body
Address: 7625 Pécs, Majorossy I. u. 36. Postal address: 7625 Pécs, Majorossy I. u. 36
Telephone: 06-72-507-154, +36 20 283-3422
E-mail: info@baranyabekeltetes.hu
Website: www.baranyabekeltetes.hu
Bács-Kiskun County Conciliation Body
Address: 6000 Kecskemét, Árpád krt. 4. Postal address: 6001 Kecskemét, P.O. Box 228
Telephone: 06-76-501-500; 06-76-501-525, 06-70-938-4765, 06-70-938-4764
Fax: 06-76-501-538
E-mail: bekeltetes@bacsbekeltetes.hu
Website: www.bacsbekeltetes.hu
Békés County Conciliation Body
Address: 5600 Békéscsaba, Penza ltp. 5
Telephone: 06-66-324-976
Fax: 06-66-324-976
E-mail: bekeltetes@bmkik.hu
Website: www.bmkik.hu
Borsod-Abaúj-Zemplén County Conciliation Body
Address: 3525 Miskolc, Szentpáli u. 1
Telephone: 06-46-501-091; 06-46-501-090
E-mail: bekeltetes@bokik.hu
Website: www.bekeltetes.borsodmegye.hu
Budapest Conciliation Body
Address: 1016 Budapest, Krisztina krt. 99, 1st floor, room 111
Postal address: 1253 Budapest, P.O. Box 10
Telephone: +36-1-488-21-31
E-mail: bekelteto.testulet@bkik.hu
Website: bekeltet.bkik.hu
Csongrád-Csanád County Conciliation Body
Address: 6721 Szeged, Párizsi krt. 8-12
Telephone: 06-62-554-250/118
E-mail: bekelteto.testulet@csmkik.hu
Website: www.bekeltetes-csongrad.hu
Fejér County Conciliation Body
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6
Telephone: 06-22-510-310
E-mail: bekeltetes@fmkik.hu
Website: www.bekeltetesfejer.hu
Hajdú-Bihar County Conciliation Body
Address: 4025 Debrecen, Vörösmarty u. 13-15
Telephone: 06-52-500-710; 06-52-500-745
Fax: 06-52-500-720
E-mail: bekelteto@hbkik.hu; nemes.brigitta@hbkik.hu
Website: www.hbmbekeltetes.hu
Jász-Nagykun-Szolnok County Conciliation Body
Address: 5000 Szolnok, Verseghy park 8, 3rd floor, rooms 303-304
Mobile: 06-20-373-2570
E-mail: bekeltetotestulet@iparkamaraszolnok.hu
Website: www.jaszbekeltetes.hu
Heves County Conciliation Body
Address: 3300 Eger, Hadnagy u. 6, ground floor, room 1
Postal address: 3300 Eger, Faiskola u. 15
Telephone: 06-36-416-660, extension 105; 06-30-967-4336
E-mail: bekeltetes@hkik.hu
Győr-Moson-Sopron County Conciliation Body
Address: 9021 Győr, Szent István út 10/a
Telephone: 06-96-520-217
E-mail: bekeltetotestulet@gymskik.hu
Website: www.bekeltetesgyor.hu
Komárom-Esztergom County Conciliation Body
Address: 2800 Tatabánya, Fő tér 36
Telephone: 06-34-513-010; 06-34-513-012, 06-30-201-1647; 06-30-201-1877
E-mail: bekeltetes@kemkik.hu
Nógrád County Conciliation Body
Address: 3100 Salgótarján, Mártírok útja 4
Telephone: 06-32-520-860
Fax: 06-32-520-862
E-mail: nkik@nkik.hu
Website: www.nkik.hu
Pest County Conciliation Body
Address: 1055 Budapest, Balassi Bálint u. 25, 4th floor, door 2
Telephone: 06-1-269-0703
Fax: 06-1-474-7921
E-mail: pmbekelteto@pmkik.hu
Website: http://panaszrendezes.hu/
Somogy County Conciliation Body
Address: 7400 Kaposvár, Anna u. 6
Telephone: 06-82-501-000
E-mail: skik@skik.hu
Tolna County Conciliation Body
Address: 7100 Szekszárd, Arany J. u. 23-25, 3rd floor
Telephone: 06-74-411-661
Fax: 06-74-411-456
E-mail: kamara@tmkik.hu; t-tiv@tmkik.hu
Szabolcs-Szatmár-Bereg County Conciliation Body
Address: 4400 Nyíregyháza, Széchenyi u. 2
Telephone: +36-42-420-280
Fax: +36-42-420-180
E-mail: bekelteto@szabkam.hu
Website: www.bekeltetes-szabolcs.hu
Vas County Conciliation Body
Address: 9700 Szombathely, Honvéd tér 2
Telephone: 06-94-506-645
Fax: 06-94-316-936
E-mail: pergel.bea@vmkik.hu
Website: www.vasibekelteto.hu
Veszprém County Conciliation Body
Address: 8200 Veszprém, Radnóti tér 1, ground floor, rooms 115-116
Telephone: 06-88-814-121; 06-88-814-111
E-mail: info@bekeltetesveszprem.hu
Website: www.bekeltetesveszprem.hu
Zala County Conciliation Body
Address: 8900 Zalaegerszeg, Petőfi út 24
Telephone: 06-92-550-513
Fax: 06-92-550-525
E-mail: zmbekelteto@zmkik.hu
Website: www.bekelteteszala.hu
The European Commission has established a website on which Consumers may register and, by completing an application, resolve disputes relating to online purchases without resorting to court proceedings. This enables Consumers to enforce their rights without being prevented from doing so, for example, by geographical distance.
If You wish to make a complaint concerning Goods or a service purchased online and do not necessarily wish to take the matter to court, You may use the online dispute resolution facility.
On the portal, You and the trader against whom You have lodged the complaint may jointly select the dispute resolution body that You wish to appoint 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
If any provision of the GTC is legally incomplete or invalid, the remaining provisions of the Contract shall remain in force and the applicable statutory provisions shall apply in place of the invalid or defective provision.
The Seller does not have a code of conduct within the meaning of the legislation prohibiting unfair commercial practices against Consumers.
Information on the essential characteristics of the Goods available for purchase on the Website is provided in the descriptions displayed for the individual Goods.
During the ordering process and before finalising the order, You have a continuous opportunity to modify the data You have entered (by clicking the back button in the browser, the previous page opens, allowing the entered data to be corrected even if You have already proceeded to the next page). Please note that You are responsible for ensuring that the data You provide are entered accurately, as the Goods will be invoiced and delivered on the basis of the data You provide.
Please note that an incorrectly entered e-mail address or insufficient storage capacity in the mailbox may prevent delivery of the confirmation and may consequently prevent the Contract from being concluded. If the Buyer has finalised the order and discovers an error in the data provided, the Buyer must initiate amendment of the order as soon as possible.
The Buyer may notify the Seller of a request to amend an incorrect order by sending an e-mail from the e-mail address provided when placing the order or by telephone.
Registration is not required to make a purchase.
The Buyer may select and order products from the store and place them in the quotation basket. By clicking on the selected product, the Buyer can view a more detailed description. If the Buyer intends to purchase a product or use a service, the Buyer places the desired product or service in a virtual basket by clicking the “Add to basket” button. By clicking the Basket icon, the Buyer can find the products placed in the basket during the purchase process.
Here, the Buyer can check the accuracy of the order, with particular regard to prices and quantities, and may modify or correct them as required.
If You consider the quantity of products and services placed in the quotation basket to be appropriate and decide that You would like to receive a quotation, simply click the “Request quotation” button.
You may request a quotation at any time. Once You have verified that the contents of the basket correspond to the Goods You wish to order, click the “Request quotation” button. On the form displayed, enter the billing and delivery information required for the request for quotation and select a payment method.
In addition, requesting a quotation requires acceptance of these General Terms and Conditions and the Privacy Policy. After ticking the relevant box, You may submit your request for quotation by clicking the “Request quotation” button. Information published on the Website does not constitute an offer by the Seller to conclude a Contract.
In the case of requests for quotation falling within the scope of these GTC, You inform the Seller of the products and services requested, and the Seller sends You a personalised online quotation to the e-mail address provided; the Seller is deemed to be the offeror. If You do not wish to receive the online quotation issued by the Seller by e-mail, You may arrange with the Seller to request it in paper form.
Orders are processed as follows. You will first receive an automated acknowledgement of your request for quotation, which merely records that your request has been received by the Seller through the Website and does not constitute an offer to purchase. The acknowledgement e-mail contains an identification number which will later also serve as the identification number of the quotation sent and of any resulting order.
If You do not receive the automated acknowledgement e-mail within 24 hours of requesting the quotation, please contact the Seller, as your request may not have been received for technical reasons.
The Seller prepares and sends You a personalised quotation by e-mail. By clicking the “View” button in the e-mail, the personalised online quotation prepared for You opens on a new page. By clicking the “Place order” button on the quotation, the Contract between the Seller and the Buyer is concluded; clicking the “Place order” button constitutes the Buyer’s declaration of intent to enter into the Contract.
If You previously selected online bank card payment when requesting the quotation, the “Place order” button is replaced by the “Order and pay” button, which initiates online bank card payment on the OTP Simple interface.
The Seller also sends a confirmation e-mail concerning the order, containing the identification number referred to above. By clicking the “View” button in the e-mail, the Order opens on a new page.
The Buyer shall be in default automatically, without a separate notice, upon expiry of the payment deadline without payment having been made.
In the event of late payment, the Seller is entitled to charge default interest at the rate agreed by the Parties or, in the absence of such agreement, at the rate prescribed by the legislation in force from time to time.
If the Contract falls within the scope of Act IX of 2016 on the Flat-Rate Recovery Cost, the Seller is entitled to claim the flat-rate recovery cost prescribed by that Act.
Claiming default interest and the flat-rate recovery cost does not affect the Seller’s right to claim, in accordance with the applicable legislation, any further proven loss resulting from the delay and any other costs incurred in enforcing the claim.
By selecting OTP Simple as the payment method, You accept the following data transfer statement:
I acknowledge that the following personal data stored in the user database of https://www.szarvasmarhatartas.hu by Kismetál Kft. (registered office: 5051 Zagyvarékas, Fekete Lajos u. 82), as data controller, will be transferred to OTP Mobil Kft. (1093 Budapest, Közraktár u. 30-32), as data processor. The scope of data transferred by the data controller is as follows:
The nature and purpose of the data processing activities performed by the data processor are described in the SimplePay Privacy Notice available at the following link: http://simplepay.hu/vasarlo-aff
The general performance deadline for the order is the same as the performance deadline specified in the quotation. If the Seller is late, the Buyer is entitled to set an additional deadline. If the Seller fails to perform within the additional deadline, the Buyer is entitled to withdraw from the Contract.
The request-for-quotation form allows You to indicate whether You request delivery of the selected products.
The delivery fee depends primarily on the distance from our premises, the total weight of the products to be purchased and the delivery deadline. After receiving the request for quotation, our sales representatives will contact You and agree on the delivery process and schedule. The exact delivery fee shown in the quotation sent will be determined accordingly.
If You have previously ordered Goods but failed to take delivery of them upon delivery (excluding cases in which You exercised your right of withdrawal), or the Goods were returned to the Seller marked “unclaimed”, the Seller may make fulfilment of the order conditional upon 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 using the electronic payment solution (including where, in the case of Goods paid for by bank transfer, the Buyer transfers the Purchase Price in the currency of the Buyer’s Member State and, owing to currency conversion and bank commissions and charges, the Seller does not receive the full amount of the Purchase Price and delivery fee).
If the price of the Goods has not been paid in full, the Seller may request the Buyer to pay the outstanding balance of the Purchase Price.
The Seller does not discriminate, in connection with the use of the Website, between Buyers located in Hungary and Buyers located elsewhere within the European Union. Unless otherwise provided in these GTC, the Seller provides delivery/collection of the ordered Goods within the territory of Hungary.
These GTC also apply to purchases made from outside Hungary, provided that, for the purposes of this section and in accordance with the applicable regulation, a customer means a Consumer who is a national of a Member State or has a place of residence in a Member State, or a Business which has a place of establishment in a Member State and purchases Goods or receives services within the European Union solely for the purpose of end use, or acts with such intention.
A Consumer is a natural person acting for purposes outside their trade, business, craft or profession.
The primary language of communication and purchasing is Hungarian. The Seller is not required to communicate with the Buyer in the language of the Buyer’s Member State.
The Seller is not required to comply with non-contractual requirements laid down in the national law of the Buyer’s Member State in relation to the Goods concerned, such as labelling or sector-specific requirements, or to inform the Buyer of such requirements.
Unless otherwise provided by the Seller, Hungarian VAT is applied to all Goods. The Buyer may exercise the enforcement options provided for in these GTC.
Where an electronic payment solution is used, payment is made in the currency specified by the Seller.
The Seller may withhold delivery of the Goods until it has verified that payment of the price of the Goods and the delivery fee has been successfully completed in full using the electronic payment solution (including where, in the case of Goods paid for by bank transfer, the Buyer transfers the Purchase Price and delivery fee in the currency of the Buyer’s Member State and, owing to currency conversion and bank commissions and charges, the Seller does not receive the full amount of the Purchase Price).
If the price of the Goods has not been paid in full, the Seller may request the Buyer to pay the outstanding balance of the Purchase Price.
For the purpose of handing over the Goods, the Seller provides Buyers outside Hungary with the same handover options as those available to Hungarian Buyers.
If, under the GTC, the Buyer may request delivery of the Goods within Hungary or to the territory of any other Member State of the European Union, a Buyer outside Hungary may also request such delivery using any delivery method specified in the GTC.
If, under the GTC, the Buyer may choose personal collection of the Goods from the Seller, this option is also available to a Buyer outside Hungary.
Alternatively, the Buyer may request permission to arrange delivery of the Goods abroad at the Buyer’s own expense.
The Seller fulfils the order after payment of the delivery fee. If the Buyer fails to pay the delivery fee to the Seller or fails to arrange its own transport by the agreed time, the Seller shall terminate the Contract and refund the Purchase Price paid in advance to the Buyer.
Under Section 8:1(1)(3) of the Hungarian Civil Code, only a natural person acting for purposes outside their trade, independent occupation or business activity qualifies as a Consumer; therefore, legal persons may not exercise the right of withdrawal without giving reasons.
Under Section 20 of Government Decree 45/2014 (II. 26.), the Consumer has the right to withdraw without giving reasons. The Consumer may exercise the right of withdrawal:
in the case of a contract for the sale of Goods,
within 14 days from the date on which the Consumer or a third party designated by the Consumer, other than the carrier, takes possession of the Goods.
The withdrawal period provided for by Government Decree 45/2014 (II. 26.) is 14 days. Any additional withdrawal period undertaken by the Seller in these GTC is a voluntary commitment exceeding the statutory requirements.
The provisions of this section do not affect the Consumer’s right to exercise the right of withdrawal specified herein during the period between the date of conclusion of the Contract and the date of receipt of the Goods.
If the Consumer made the offer to conclude the Contract, the Consumer is entitled to withdraw the offer before the Contract is concluded, thereby terminating the binding effect of the offer to conclude the Contract.
The Consumer may exercise the right provided for in Section 20 of Government Decree 45/2014 (II. 26.) by means of an unambiguous statement to that effect.
The right of withdrawal shall be deemed to have been exercised within the deadline if the Consumer sends the statement before the deadline expires. The deadline is 14 days.
In the case of withdrawal or termination in writing, it is sufficient to send the withdrawal or termination statement within 14 days.
The withdrawal period provided for by Government Decree 45/2014 (II. 26.) is 14 days. Any additional withdrawal period undertaken by the Seller in these GTC is a voluntary commitment exceeding the statutory requirements.
The burden of proving that the right of withdrawal was exercised in accordance with this provision lies with the Consumer.
The Seller must acknowledge receipt of the Consumer’s withdrawal statement on an electronic durable medium after receiving it.
Seller’s reimbursement obligation
If the Consumer withdraws from the Contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall reimburse all payments received from the Consumer as consideration, including the costs incurred in connection with performance, such as the delivery fee, no later than fourteen days after becoming aware of the withdrawal. Please note that this provision does not apply to additional costs resulting from the Consumer’s choice of a method of delivery other than the least expensive standard method offered.
Method of reimbursement by the Seller
In the event of withdrawal or termination in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall reimburse the amount due to the Consumer using the same means of payment as the Consumer used. With the Consumer’s express consent, the Seller may use another means of payment for the reimbursement, but the Consumer may not incur any additional charge as a result.
The Seller shall not be liable for any delay caused by an incorrect and/or inaccurate bank account number or postal address provided by the Consumer.
Additional costs
If the Consumer expressly chooses a method of delivery other than the least expensive standard method offered, the Seller is not required to reimburse the additional costs arising from that choice. In such a case, our reimbursement obligation is limited to the amount of the stated standard delivery charges.
Right of retention
The Seller may withhold the amount to be reimbursed to the Consumer until the Consumer has returned the Goods or has provided conclusive proof that the Goods have been sent back, whichever occurs first. We are unable to accept consignments sent cash on delivery or with postage due.
Return of the Goods
If the Consumer withdraws from the Contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Consumer must return the Goods or hand them over to the Seller or to a person authorised by the Seller to receive the Goods without undue delay and no later than fourteen days after communicating the withdrawal. The deadline is met if the Consumer sends the Goods before the fourteen-day period expires.
Bearing the direct costs of returning the Goods
The Consumer bears the direct cost of returning the Goods. The Goods must be returned to the Seller’s address. If, after performance has begun, the Consumer terminates an off-premises or distance contract for the provision of services, the Consumer must pay the Business an amount proportionate to the services performed up to the time when the termination is communicated to the Business.
The proportionate amount payable by the Consumer shall be calculated on the basis of the total consideration, including taxes, agreed in the Contract. If the Consumer proves that the total amount calculated in this manner is excessive, the proportionate amount shall be calculated on the basis of the market value of the services performed up to the date of termination of the Contract. Please note that we are unable to accept Goods returned cash on delivery or with postage due.
Consumer’s liability for diminished value
The Consumer is liable for any diminished value of the Goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
The Seller expressly draws your attention to the fact that You may not exercise your right of withdrawal in the cases specified in Section 29(1) of Government Decree 45/2014 (II. 26.):
This section of the Consumer information has been prepared pursuant to the authorisation in Section 9(3) of Government Decree 45/2014 (II. 26.), taking into account Annex 3 to Government Decree 45/2014 (II. 26.).
The Consumer information applies exclusively to Buyers who qualify as Consumers. The rules applicable to Buyers who do not qualify as Consumers are set out in a separate chapter.
General requirements of conformity in the case of Goods and Goods with digital elements sold under a Consumer Contract
At the time of performance, the Goods and the performance must comply with the requirements laid down in Government Decree 373/2021 (VI. 30.).
For performance to be regarded as conforming to the Contract, the Goods that are the subject of the Contract must:
In addition, for performance to be regarded as conforming to the Contract, the Goods that are the subject of the Contract must:
The Goods need not conform to a public statement referred to above if the Seller proves that:
Requirements of conformity in the case of the sale of Goods under a Consumer Contract
The Seller performs defectively where a lack of conformity of the Goods results from incorrect installation, provided that:
Where, under the sales contract, the Goods are installed by the Seller or installation is carried out under the Seller’s responsibility, performance shall be deemed completed by the Seller when installation has been completed.
Where, in the case of Goods with digital elements, the sales contract provides for the continuous supply of digital content or a digital service over a specified period, the Seller is liable for any lack of conformity of the digital content of the Goods which occurs or becomes apparent within two years from performance of the Goods where the period of continuous supply does not exceed two years.
Requirements of conformity in the case of Goods with digital elements sold under a Consumer Contract
In the case of Goods with digital elements, the Seller must ensure that the Consumer is informed of, and supplied with, updates, including security updates, that are necessary to keep the digital content of the Goods or the related digital service in conformity.
The Seller must make the updates available:
If the Consumer fails to install, within a reasonable period, updates supplied by the Seller, the Seller shall not be liable for any lack of conformity resulting solely from the failure to install the relevant update, provided that:
There shall be no defective performance if, at the time of conclusion of the Contract, the Consumer was specifically informed that a particular characteristic of the Goods deviated from the requirements described herein and, when concluding the sales contract, the Consumer separately and expressly accepted that deviation.
In what cases may 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 Hungarian Civil Code and, in the case of a Consumer Contract, Government Decree 373/2021 (VI. 30.).
What rights do You have under a statutory warranty claim?
At your option, You may assert the following statutory warranty claims:
You may request repair or replacement, unless the remedy chosen by You is impossible or would result in disproportionate additional costs for the Seller compared with another remedy. If You did not or could not request repair or replacement, You may request a proportionate reduction in the consideration or, as a last resort, withdraw from the Contract.
You may switch from your chosen statutory warranty right to another one; however, You bear the cost of switching unless the switch was justified or the Seller gave cause for it.
In the case of a Consumer Contract, unless proved otherwise, a lack of conformity which becomes apparent within one year from the time of performance of Goods or Goods with digital elements shall be presumed to have existed at the time of performance, unless this presumption is 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 generally differ from the general rules. Defective performance may also arise in relation to used Goods, but account must be taken of the circumstances on the basis of which the Buyer could have expected certain defects to occur.
As a result of wear and tear, certain defects become increasingly common, meaning that used Goods cannot be presumed to have the same quality as newly purchased Goods. Accordingly, the Buyer may exercise statutory warranty rights only in respect of deficiencies that are additional to, and independent of, defects resulting from prior use.
If used Goods are defective and a Buyer who qualifies as a Consumer was informed of the defect at the time of purchase, the Service Provider shall have no liability in respect of the known defect.
The Seller may refuse to bring the Goods into conformity if repair or replacement is impossible or would impose disproportionate additional costs on the Seller, taking into account all circumstances, including the value the Goods would have if there were no lack of conformity and the significance of the breach of Contract.
The Consumer is also entitled, in proportion to the significance of the breach of Contract, to request a proportionate reduction in the consideration or to terminate the sales contract if:
If the Consumer wishes to terminate the sales contract on the grounds of defective performance, the burden of proving that the lack of conformity is minor lies with the Seller.
The Consumer is entitled, in proportion to the significance of the breach of Contract, to withhold all or part of the outstanding Purchase Price until the Seller has fulfilled its obligations relating to conformity and defective performance.
As a general rule:
The reasonable period available for completing repair or replacement of the Goods shall be calculated from the time when the Consumer notified the Business of the lack of conformity.
The Consumer must make the Goods available to the Business for the purpose of repair or replacement.
A reduction in the consideration is proportionate if it is equal to the difference between the value of the Goods to which the Consumer would have been entitled in the event of conforming performance and the value of the Goods actually received by the Consumer.
The Consumer may exercise the statutory warranty right to terminate the sales contract by making a legal statement addressed to the Seller expressing the decision to terminate.
If the defective performance relates only to certain Goods delivered under the sales contract and the conditions for exercising the right of termination are met in respect of those Goods, the Consumer may terminate the sales contract only in respect of the defective Goods, but may also terminate it in respect of any other Goods acquired together with them if the Consumer cannot reasonably be expected to keep only the conforming Goods.
If the Consumer terminates the sales contract in its entirety or in respect of some of the Goods delivered under it:
Within what period may You assert your statutory warranty claim?
You must report the defect without delay after discovering it. A defect reported within two months of its discovery shall be deemed to have been reported without delay. Please note, however, that You may no longer enforce your statutory warranty rights after the two-year limitation period calculated from performance of the Contract has expired.
The part of the repair period during which the Buyer cannot use the Goods as intended shall not be included in the limitation period.
The limitation period for a statutory warranty claim starts again for the part of the Goods affected by replacement or repair. This rule also applies where a new defect arises as a result of the repair.
If the subject of the Contract between the Consumer and the Business is a used item, the Parties may agree on a shorter limitation period; however, a limitation period of less than one year may not validly be agreed even in this case.
Against whom may You assert your statutory warranty claim?
You may assert your statutory warranty claim against the Seller.
What other conditions apply to the enforcement of your statutory warranty rights?
Within one year from performance, there is no condition for enforcing your statutory warranty claim other than notifying the defect, provided that You prove that the Goods were supplied by the Seller. After one year from performance, however, You must prove that the defect identified by You already existed at the time of performance.
In what cases may You exercise your product warranty right?
In the event of a defect in movable property (Goods), You may, at your option, assert either a statutory warranty claim or a product warranty claim.
What rights do You have under a product warranty claim?
Under a product warranty claim, You may request only the repair or replacement of the defective Goods.
When are the Goods deemed defective?
The Goods are defective if they do not meet the quality requirements in force when they were placed on the market or do not possess the characteristics stated in the manufacturer’s description.
Within what period may You assert your product warranty claim?
You may assert a product warranty claim within two years from the date on which the manufacturer placed the Goods on the market. After this period expires, You lose this right.
Against whom and subject to what other conditions may You assert your product warranty claim?
You may exercise your product warranty claim only against the manufacturer or distributor of the movable property. When asserting a product warranty claim, You must prove the defect in the Goods.
In what cases is the manufacturer (distributor) released from its product warranty obligation?
The manufacturer (distributor) is released from its product warranty obligation only if it proves that:
It is sufficient for the manufacturer (distributor) to prove one ground for exemption.
Please note that, in respect of the same defect, You may not assert a statutory warranty claim and a product warranty claim simultaneously and in parallel. However, if your product warranty claim is successfully enforced, You may assert your statutory warranty claim against the manufacturer in respect of the replaced Goods or the repaired part.
In what cases may You exercise your guarantee rights?
Under Government Decree 151/2003 (IX. 22.) on Mandatory Guarantees for Certain Durable Consumer Goods, the Seller is required to provide a guarantee when selling the new durable consumer goods listed in Annex 1 to the Decree (for example, technical goods, tools and machinery), together with their accessories and components within the scope specified therein (hereinafter collectively referred to in this section as consumer goods).
In addition, the Seller may voluntarily undertake a guarantee, in which case a guarantee statement must be provided to a Buyer who qualifies as a Consumer.
The guarantee statement must be made available to the Consumer on a durable medium no later than at the time of performance of the Goods.
The guarantee statement must specify:
What rights do You have, and within what period, in the case of a mandatory guarantee?
Guarantee rights
Under the guarantee, the Buyer may request repair or replacement and, in the cases provided by law, may request a price reduction or, as a last resort, withdraw from the Contract if the obligated party has not undertaken repair or replacement, is unable to fulfil that obligation within an appropriate period while protecting the entitled party’s interests, or if the entitled party’s interest in repair or replacement has ceased.
At the Buyer’s option, a repair claim may be asserted directly at the Seller’s registered office, any establishment or branch office, or at the repair service specified by the Seller on the guarantee certificate.
Enforcement period
A guarantee claim may be asserted during the guarantee period. Under Government Decree 151/2003 (IX. 22.), the guarantee period is:
Failure to comply with these periods results in forfeiture of rights. However, where consumer goods are repaired, the guarantee period is extended from the date on which they are handed over for repair by the period during which the Buyer was unable to use the consumer goods as intended because of the defect.
The guarantee period begins when the consumer goods are handed over to the Buyer or, if commissioning is performed by the Seller or its agent, on the date of commissioning.
If the Buyer has the consumer goods commissioned more than six months after delivery, the guarantee period begins on the date on which the consumer goods were delivered.
Rules relating to the handling of guarantee claims
When handling a repair, the Seller must endeavour to complete it within 15 days. The period available for repair begins when the consumer goods are received.
If repair or replacement takes more than fifteen days, the Seller must inform the Buyer of the expected duration of the repair or replacement.
If, during the guarantee period, the Seller establishes upon the first repair of the consumer goods that they cannot be repaired, the Seller must replace the consumer goods within eight days, unless the Buyer instructs otherwise.
If replacement of the consumer goods is not possible, the Seller must reimburse the Buyer within eight days for the Purchase Price shown on the document presented by the Consumer as proof of payment for the consumer goods, namely an invoice or receipt issued under the VAT legislation.
By accepting the GTC, the Buyer consents to receiving information electronically or by another method suitable for confirming receipt by the Buyer.
If the Seller is unable to repair the consumer goods within 30 days:
If the consumer goods become defective for the fourth time, the Buyer is entitled to:
Consumer goods subject to the mandatory guarantee under Government Decree 151/2003 which are fixed-connected, weigh more than 10 kg, or cannot be transported as hand luggage on public transport must, with the exception of vehicles, be repaired at the place of operation. If repair cannot be carried out at the place of operation, the Business or, where the repair claim is asserted directly with the repair service, the repair service shall arrange dismantling, reinstallation and transport to and from the repair location.
Exceptions to the guarantee rules
The provisions set out under “Rules relating to the handling of guarantee claims” do not apply to electric bicycles, electric scooters, quad bikes, motorcycles, mopeds, passenger cars, motor homes, caravans, trailer caravans, trailers or motorised watercraft.
However, in the case of these Goods, the Seller must also endeavour to fulfil the repair claim within 15 days.
If repair or replacement takes more than fifteen days, the Seller must inform the Buyer of the expected duration of the repair or replacement.
How does the guarantee relate to other warranty rights?
The guarantee applies in addition to warranty rights (product warranty and statutory warranty). A fundamental difference between general warranty rights and the guarantee is that, under the guarantee, the burden of proof is more favourable to the Consumer.
During the mandatory guarantee period, a voluntary guarantee undertaken by the Seller may not contain conditions for the Consumer that are less favourable than the rights provided by the mandatory guarantee rules. After that period, the terms of the voluntary guarantee may be determined freely; however, even then, the guarantee may not affect the Consumer’s rights arising from legislation, including statutory warranty rights.
Replacement claim within three working days
The right to request replacement within three working days also applies to sales made through an online store. Such a claim may be asserted for new durable consumer goods falling within the scope of Government Decree 151/2003 (IX. 22.). If a person asserts the replacement claim within three working days, the Seller must treat the Goods as having already been defective at the time of sale and replace them without further conditions.
When is the Seller released from its guarantee obligation?
The Seller is released from the guarantee obligation only if it proves that the cause of the defect arose after performance.
Please note that, in respect of the same defect, You may not assert a statutory warranty claim and a guarantee claim, or a product warranty claim and a guarantee claim, simultaneously and in parallel. In all other respects, however, the rights arising from the guarantee are available to You independently of the warranty rights.
General rules on statutory warranty rights
A Buyer who does not qualify as a Consumer may, at the Buyer’s option, assert the following statutory warranty claims:
The Buyer may request repair or replacement, unless the remedy chosen is impossible or would result in disproportionate additional costs for the Seller compared with another remedy. If the Buyer did not or could not request repair or replacement, the Buyer may request a proportionate reduction in the consideration, repair the defect or have it repaired by another person at the Seller’s expense, or, as a last resort, withdraw from the Contract.
The Buyer may switch from the chosen statutory warranty right to another one; however, the Buyer bears the cost of switching unless the switch was justified or the Seller gave cause for it.
In the case of used Goods, statutory warranty and guarantee rights generally differ from the general rules. Defective performance may also arise in relation to used Goods, but account must be taken of the circumstances on the basis of which the Buyer could have expected certain defects to occur.
As a result of wear and tear, certain defects become increasingly common, meaning that used Goods cannot be presumed to have the same quality as newly purchased Goods. Accordingly, the Buyer may exercise statutory warranty rights only in respect of deficiencies that are additional to, and independent of, defects resulting from prior use.
If used Goods are defective and a Buyer who qualifies as a Consumer was informed of the defect at the time of purchase, the Service Provider shall have no liability in respect of the known defect.
For Buyers who do not qualify as Consumers, the period for asserting statutory warranty rights is one year and begins on the date of performance (handover).
Product warranty and Guarantee
Product warranty and the mandatory guarantee are available only to Buyers who qualify as Consumers. If the Seller voluntarily provides a guarantee for particular Goods, this will be indicated separately during the purchase of the Goods.
If the manufacturer provides a manufacturer’s guarantee for the Goods that also extends to Buyers who do not qualify as Consumers, that guarantee may be enforced directly against the manufacturer
