GENERAL TERMS AND CONDITIONS

www.egyetemivivoclub.hu – Effective from: 2024-08-01

Preamble

Welcome to our website! Thank you for placing your trust in us for your purchase!

If you have any questions regarding these General Terms and Conditions, the use of the website, specific products, or the purchasing process, or if you wish to discuss a unique request, please contact our team using the provided contact details.

Imprint: Information About the Service Provider (Seller, Business)

• Name: Egyetemi Vívó Club Kft
• Headquarters: 1056 Budapest, Szerb utca 21-23.
• Mailing Address: 1056 Budapest, Szerb utca 21-23.
• Store & Pickup Point: 1052 Budapest, Semmelweis utca 2.
• Registering Authority: Metropolitan Court of Budapest
• Company Registration Number: 01 09 393888
• Tax Number: 27540633-1-41
• Representative: Horváth János József
• Phone Number: +36 70 329 4000
• Email: evcegyetemivivas@gmail.com
• Website: https://www.egyetemivivoclub.hu
• Bank Account Number: 11709002-25976690-00000000

Hosting Service Provider

• Name: Webnode AG
• Headquarters: Badenerstrasse 47, 8004 Zurich, Switzerland
• Registration ID: CH-170.3.036.124-0
• Website: https://www.webnode.com

Definitions

Goods

Goods available on the Website and intended for sale on the Website, including:

• Movable property, including water, gas, and electricity supplied in limited quantities or specified volumes in containers, bottles, or other packaging.
• Movable property that includes or is connected to digital content or a digital service in such a way that the goods cannot fulfill their functions without the digital content or digital service (hereinafter referred to as "Goods Containing Digital Elements").

Goods Containing Digital Elements

Movable property that includes or is connected to digital content or a digital service in such a way that the goods cannot fulfill their functions without the digital content or digital service.

Digital Content

Data produced or supplied in digital form.

Parties

The Seller and the Buyer collectively.

Consumer

A natural person acting for purposes outside their trade, business, or profession who purchases, orders, receives, uses, or benefits from goods or is the recipient of commercial communication or an offer related to goods.

For the application of the rules on conciliation bodies—except for the application of the 524/2013/EU regulation of the European Parliament and the Council of 21 May 2013 on online dispute resolution for consumer disputes and the amendments to Regulation (EC) No 2006/2004 and Directive 2009/22/EC—a consumer is also considered to be a non-profit organization, religious legal entity, condominium, or housing cooperative acting for purposes outside its independent occupation and economic activity, which purchases, orders, receives, uses, or benefits from goods or is the recipient of commercial communication or an offer related to goods.

Within the internal market, according to Regulation (EU) 2018/302 of the European Parliament and the Council of 28 February 2018 on addressing unjustified territorial content restrictions and other forms of discrimination based on the buyer's nationality, residence, or establishment and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394, as well as Directive 2009/22/EC (hereinafter referred to as "Regulation (EU) 2018/302"), a business qualifying as a buyer under this regulation is also considered a consumer.

Consumer Contract

A contract in which one of the parties qualifies as a consumer.

Functionality

The capability of goods containing digital elements, digital content, or digital services to perform their intended functions.

Manufacturer

The producer of the Goods. In the case of imported Goods, this refers to the importer who brings the Goods into the territory of the European Union. It also includes any person or entity that presents itself as the manufacturer by affixing its name, trademark, or other distinguishing mark to the Goods.

Interoperability

The capability of goods containing digital elements, digital content, or digital services to function in conjunction with hardware and software different from those typically used with goods, digital content, or digital services of the same type.

Compatibility

The capability of goods containing digital elements, digital content, or digital services to function with hardware or software of the same type without requiring modifications.

Website

The present website, which serves as a platform for contract formation.

Contract

A sales contract concluded between the Seller and the Buyer using the Website and electronic correspondence.

Durable Data Carrier

Any device that enables the consumer or business to store data addressed personally to them in a way that allows future access for a period appropriate to the data's purpose, ensuring that the stored data remains unchanged.

Device Enabling Remote Communication

A device that allows the parties to make contractual declarations in the absence of one another to conclude a contract. Such devices include, but are not limited to, addressed or unaddressed printed forms, standard letters, advertisements with order forms published in the press, catalogs, telephones, fax machines, and internet-accessible tools.

Distance Contract

A consumer contract concluded within an organized system for selling goods or providing services, where the contract is made without the simultaneous physical presence of the parties and exclusively through a device enabling remote communication.

Business

A person acting within their profession, self-employment, or business activities.

Buyer/You

The individual making a purchase offer and entering into a contract through the Website.

Warranty

In consumer contracts concluded between a consumer and a business, a warranty under the Civil Code includes:

1. A contractual warranty voluntarily undertaken by the business beyond or in the absence of a legal obligation for proper contract fulfillment.
2. A mandatory warranty based on legal regulations.

Purchase Price

The consideration to be paid for the Goods and the provision of digital content services.

Applicable Laws

The Contract is governed by Hungarian law, particularly the following legal provisions:

• 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 Mandatory Warranty for Durable Consumer Goods
• IM Decree 10/2024 (VI.28.) on Defining the Scope of Durable Consumer Goods Subject to Mandatory Warranty
• Government Decree 45/2014 (II.26.) on Detailed Rules of Contracts Between Consumers and Businesses
• NGM Decree 19/2014 (IV.29.) on Procedural Rules for Handling Warranty and Guarantee Claims in 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 (February 28, 2018) on Addressing Unjustified Geoblocking and Other Forms of Discrimination Based on Nationality, Place of Residence, or Place of Establishment of the Customer 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 (April 27, 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, the Supply of Digital Content, and the Provision of Digital Services

Scope and Acceptance of the GTC

The content of the contract established between us is determined by these General Terms and Conditions (hereinafter referred to as GTC) in addition to the mandatory provisions of the applicable laws. Accordingly, this GTC includes the rights and obligations of both you and us, the conditions for concluding the contract, deadlines for performance, delivery and payment terms, liability rules, and conditions for exercising the right of withdrawal.

Technical information necessary for using the Website that is not included in this GTC is provided in other information available on the Website.

Before finalizing your order, you are required to review and acknowledge the provisions of this GTC.

Language and Form of the Contract

Contracts falling within the scope of this GTC are concluded in Hungarian.

Contracts under this GTC are not considered written contracts, and they are not archived by the Seller.

Electronic Invoice (E-Invoice)

Our company issues electronic invoices in accordance with Section 175 of Act CXXVII of 2007. By accepting this GTC, you consent to the use of electronic invoices.

Prices

All prices are stated in Hungarian Forints (HUF) and include 27% VAT. The Seller reserves the right to modify prices for business policy reasons. However, such price changes do not apply to contracts already concluded.

If the Seller incorrectly displays a price and an order is placed for the item, but the contract has not yet been concluded, the Seller will act according to the "Procedure in Case of Incorrect Price" section of this GTC.

Procedure in Case of Incorrect Price

A price is considered obviously incorrect if:

• It is listed as 0 HUF
• A discounted price is incorrectly calculated based on the original price and displayed discount percentage (e.g., if an item originally priced at 1,000 HUF is marked with a 20% discount, the correct price should be 800 HUF, but due to an incorrect calculation, it is offered at 500 HUF).

In the event of an incorrect price, the Seller will offer the option to purchase the item at the correct price. The Buyer may then decide whether to proceed with the purchase at the correct price or cancel the order without any consequences.

Complaint Handling and Legal Remedies

Consumers may submit complaints regarding warranty claims, product warranty, guarantee claims, or any issue related to the Seller's conduct, activities, or omissions regarding the sale and distribution of goods in the following ways:

• In person (verbally):
  Location: 1052 Budapest, Semmelweis u. 2.
  (Only available with a pre-scheduled appointment by phone.)
• In writing via the website:
  www.egyetemivivoclub.hu
• In writing via email:
  evcegyetemivivas@gmail.com
• In writing via postal mail:
  Egyetemi Vívó Club
  1056 Budapest, Szerb utca 21-23.

The Seller must process warranty, product warranty, or guarantee claims in accordance with specific legal regulations, rather than under the general consumer complaint handling rules of the Consumer Protection Act (Fgytv.).

Consumers may submit a consumer complaint under the Fgytv. (regarding the conduct, activities, or omissions of the business or its representatives related to the sale and distribution of goods) verbally or in writing—excluding warranty, product warranty, or guarantee claims.

Handling of Verbal and Written Complaints

The business is obligated to immediately investigate verbal complaints and provide a resolution if possible.

• If the consumer does not agree with the handling of their complaint or if the immediate investigation is not feasible, the business must immediately record a report about the complaint and its stance.
• If the verbal complaint is made in person, a copy of the report must be provided to the consumer on-site.
• If the verbal complaint is made by phone or other electronic communication services, the consumer must receive a substantive response within 30 days, following the same procedures as written complaints.

For written complaints, the business must:

• Respond in a substantive, verifiable written format within 30 days from receipt (unless otherwise stated by directly applicable EU law).
• If the complaint is rejected, the business must inform the consumer in writing about which authority or conciliation body they may turn to for further action.
• The response must include:
  • The name, address, phone number, email, and mailing address of the relevant authority or the conciliation body corresponding to the consumer's place of residence.
  • Whether the business has made a general submission to the decision of the Conciliation Body.

Legal Remedies in Case of Dispute

If a consumer dispute between the Seller and the Buyer remains unresolved through direct negotiations, the following legal remedies are available:

Consumer Protection Procedure

Consumers may submit complaints to the consumer protection authorities if they believe their consumer rights have been violated.

• After reviewing the complaint, the authority will determine whether to initiate a consumer protection procedure.
• Consumer protection at the first level is handled by the regional government offices based on the consumer's place of residence.
• The list of relevant offices is available at:
  www.kormanyhivatalok.hu

Judicial Proceedings

The consumer has the right to enforce their claims arising from a consumer dispute in court under the provisions of:

• Act V of 2013 on the Civil Code, and
• Act CXXX of 2016 on the Code of Civil Procedure.

Conciliation Board Procedure

If the consumer's complaint is rejected, they have the right to turn to the Conciliation Board:

• The board responsible is either the one corresponding to the consumer's place of residence or any other board chosen by the consumer in their request.
• The procedure can only begin if the consumer has first attempted to resolve the dispute directly with the business.

Online Hearing Option

• If the consumer does not request an in-person hearing, the Conciliation Board will hold the hearing online using electronic devices that allow for simultaneous audio and visual transmission (hereinafter: online hearing).

Business Obligations

• The business must cooperate in the conciliation procedure, which includes:
  • Submitting a written response to the Conciliation Board within the given deadline.
  • Ensuring the presence of an authorized representative who can reach a settlement (except for disputes under the 524/2013/EU regulation on online dispute resolution).
  • If the hearing is held online, the business's authorized representative must attend online.
  • If the consumer requests an in-person hearing, the business's representative must at least attend online.

More information on Conciliation Boards can be found here:
https://www.bekeltetes.hu

Contact Information of Regional Conciliation Boards

Budapest Conciliation Board

• Headquarters: Budapest
• Jurisdiction: Budapest
• Address: 1016 Budapest, Krisztina krt. 99. I. em. 111.
• Mailing Address: 1253 Budapest, P.O. Box 10
• Phone: +36-1-488-2131
• Email: bekelteto.testulet@bkik.hu
• Website: bekeltet.bkik.hu

Baranya County Conciliation Board

• Headquarters: Pécs
• Jurisdiction: Baranya, Somogy, and Tolna counties
• Address: 7625 Pécs, Majorossy I. u. 36.
• Phone: +36-72-507-154
• Email: info@baranyabekeltetes.hu
• Website: baranyabekeltetes.hu

Borsod-Abaúj-Zemplén County Conciliation Board

• Headquarters: Miskolc
• Jurisdiction: Borsod-Abaúj-Zemplén, Heves, and Nógrád counties
• Address: 3525 Miskolc, Szentpáli u. 1.
• Phone: +36-46-501-091
• Email: bekeltetes@bokik.hu
• Website: bekeltetes.borsodmegye.hu

Csongrád-Csanád County Conciliation Board

• Headquarters: Szeged
• Jurisdiction: Békés, Bács-Kiskun, and Csongrád-Csanád counties
• Address: 6721 Szeged, Párizsi krt. 8-12.
• Phone: +36-62-549-392
• Email: bekelteto.testulet@cskik.hu
• Website: bekeltetes-csongrad.hu

Fejér County Conciliation Board

• Headquarters: Székesfehérvár
• Jurisdiction: Fejér, Komárom-Esztergom, and Veszprém counties
• Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
• Phone: +36-22-510-310
• Email: bekeltetes@fmkik.hu
• Website: www.bekeltetesfejer.hu

Győr-Moson-Sopron County Conciliation Board

• Headquarters: Győr
• Jurisdiction: Győr-Moson-Sopron, Vas, and Zala counties
• Address: 9021 Győr, Szent István út 10/a.
• Phone: +36-96-520-217
• Email: bekelteto.testulet@gymsmkik.hu
• Website: bekeltetesgyor.hu

Hajdú-Bihar County Conciliation Board

• Headquarters: Debrecen
• Jurisdiction: Jász-Nagykun-Szolnok, Hajdú-Bihar, and Szabolcs-Szatmár-Bereg counties
• Address: 4025 Debrecen, Vörösmarty u. 13-15.
• Phone: +36-52-500-710
• Email: bekelteto@hbkik.hu
• Website: hbmbekeltetes.hu

Pest County Conciliation Board

• Headquarters: Budapest
• Jurisdiction: Pest County
• Address: 1055 Budapest, Balassi Bálint u. 25. IV/2.
• Phone: +36-1-792-7881
• Email: pmbekelteto@pmkik.hu
• Website: panaszrendezes.hu

Conciliation Board Procedure for Non-Consumers

According to consumer protection law, the following entities qualify as consumers in conciliation board procedures if they act outside their independent professional or economic activities: civil organizations recognized by special law, ecclesiastical legal entities, condominiums, and housing cooperatives that purchase, order, receive, use, or are addressed in commercial communications or offers related to a product.

The Conciliation Board is entitled to verify and examine the consumer status. The rules outlined in the section "Conciliation Board" apply to the procedure.

Online Dispute Resolution Platform

The European Commission has created a website where consumers can register to resolve disputes related to online purchases by filling out a complaint form, avoiding court proceedings. This allows consumers to enforce their rights without geographical barriers.

If you wish to file a complaint about an item or service purchased online and prefer not to go to court, you can use the online dispute resolution tool.

On this platform, you and the trader against whom you have a complaint can jointly select the dispute resolution body to handle your case.

The online dispute resolution platform is available here:
Online Dispute Resolution Platform

Copyrights

Under Section 1 (1) of Act LXXVI of 1999 on Copyright (hereinafter: Copyright Act), this website qualifies as a copyrighted work, meaning that all its parts are protected by copyright law.

Pursuant to Section 16 (1) of the Copyright Act, it is prohibited to use the website's graphic and software solutions, computer programs, or any application that allows modification of the website or any part thereof without authorization.

Materials from the website and its database may only be reproduced with the written consent of the copyright holder and must always include a reference to the website as the source.

Copyright holder: ELTE Szolgáltató Kft

Partial Invalidity, Code of Conduct

If any provision of these General Terms and Conditions (GTC) is legally incomplete or invalid, the validity of the remaining provisions shall not be affected. The invalid or incorrect provision shall be replaced by the relevant legal regulations.

The Seller does not have a code of conduct under the law prohibiting unfair commercial practices against consumers.

Information on the Functionality of Goods Containing Digital Elements and Applicable Technical Protection Measures

The servers hosting the data displayed on the website have an availability rate of over 99.9% per year. Regular backups are made of all data, ensuring that the original content can be restored in case of any issues.

The website data is stored in MSSQL and MySQL databases.

Sensitive data is stored with appropriate encryption, utilizing processor-integrated hardware support for encryption.

Information on the Essential Characteristics of Goods

The website provides information on the essential characteristics of each product in the descriptions listed under each item available for purchase.

Correction of Data Entry Errors – Responsibility for Accuracy of Provided Data

Before finalizing an order, you have the opportunity to continuously modify the data you have entered (by clicking the back button in your browser, which allows you to return to the previous page, even if you have moved to the next step).

Please note that it is your responsibility to ensure that the data you provide is accurate, as the order will be invoiced and shipped based on the details you enter. An incorrect email address or a full mailbox may prevent the confirmation email from being delivered and could prevent the contract from being finalized.

If you notice an error in your provided data after finalizing your order, you must initiate a modification as soon as possible. You can request the correction of a mistaken order by sending an email from the address used in the order or by contacting the Seller via phone.

Using the Website

Purchasing on the website does not require registration.

Selecting a Product

Customers can browse and order from the available products in the online store. Clicking on a selected product will display its detailed description.

If you wish to purchase an item, add it to the shopping cart by clicking the "Add to Cart" button.

By clicking the "View Cart" button, you can review the items added to your cart, along with the total price and shipping cost.

At this stage, you can check the correctness of your order, especially the prices and quantities, which can be adjusted or corrected if necessary.

The system will automatically calculate the total amount for your order.

Placing an Order

Once you have verified the quantities of items in your cart, checked the final total, and decided to proceed with the purchase, click the "Checkout" button.

The store offers three purchase options:

1. Logging in as a registered customer
2. Registering as a new customer
3. Purchasing without registration

If you have previously purchased from the store, enter your registered email address and password to log in.

If you wish to register as a new customer, provide the required details for the purchase. These details will be saved, so for future purchases, you will only need to log in.

If you prefer to purchase without registration, simply provide your billing and shipping information.

Choosing Delivery and Payment Methods

Next, select your preferred shipping method.

Then, choose a payment method that suits you.

If you agree with the contents of your order, click the "Place Order" button to finalize the purchase.

Finalizing the Order (Offer Submission)

Once you have verified that the contents of your cart match the products you wish to purchase and that your personal information is correct, you can finalize your order by clicking the "Place Order" button.

The information provided on the website does not constitute a contractual offer from the Seller. For orders falling under the scope of these Terms and Conditions, you (the Buyer) are considered the offeror.

By clicking the "Place Order" button, you explicitly acknowledge that your order constitutes an offer, and upon confirmation by the Seller in accordance with these Terms and Conditions, it will result in a payment obligation.

The Seller is required to confirm receipt of your order without delay via email. If this confirmation is not received by the Buyer within 48 hours of placing the order, the Buyer is released from any contractual obligations.

Order Processing and Contract Formation

You may place an order at any time. The Seller will confirm receipt of your order via email within 48 hours of submission.

A contract is formed when the confirmation email from the Seller becomes accessible in your email inbox.

Procedure for Unclaimed Packages

If the Buyer fails to accept the ordered or dispatched product and does not notify the Seller within 14 days regarding their intent to withdraw from the purchase (as permitted by law), the Buyer is in breach of contract. This means that they are legally obligated to accept the product and acknowledge the Seller's fulfillment of the agreement.

In such cases, the Seller has the right to withdraw from the contract at any time.

• If the Buyer requested delivery but failed to accept the product, the Seller may attempt redelivery upon mutual agreement, but the Buyer may be required to cover the additional shipping costs.
• If the second delivery attempt is unsuccessful or the Buyer refuses to cooperate, the Seller is entitled to immediately terminate the contract due to breach of agreement and claim a penalty fee covering the failed delivery and return shipping costs.

Both parties agree that contract termination will be communicated via the email address provided during the order. The official date of termination is when the email becomes accessible in the Buyer's inbox.

Payment Methods

Bank Transfer

You can settle the payment for the ordered products via bank transfer.

Mobile MasterCard Payment

With the MasterCard® Mobile app, you can initiate transactions at your convenience. To complete the payment, you only need a valid MasterCard® or Maestro® card with a CVC code, your smartphone, and the mPIN code set during registration.

For older mobile phones without smartphone capabilities, the initial mPIN code will be available in the SIM ToolKit application on your SIM card. You must change this code in the Settings menu before your first transaction. Please note that only MasterCard cards can be registered in the SIM ToolKit application; Maestro cards are not supported.

Simple Online Payment (OTP Group)

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

Customers can use the Simple payment solution for a fast and secure online shopping experience. The payment process follows the standard online banking transaction procedure, ensuring user security through continuous monitoring and fraud prevention measures.

Steps of the Transaction:

1. Click the "Pay" button to be redirected to the Simple payment page, where you enter your card details to initiate the transaction.
2. Review your payment details before proceeding.
3. The transaction is processed through banking systems.
4. You will receive a confirmation email, and the Simple system will redirect you back to the online store.

For more details, visit: https://www.simple.hu/Fooldal

Pickup Methods & Fees

Personal Pickup

You can collect your ordered items in person at the fencing hall.

• If the package is not picked up within 14 days, the Seller reserves the right to charge a storage fee of 100 HUF per day.
• No shipping fees apply for personal pickup.

Csomagpiac Courier Service

You can request home delivery for your package. In this case, both the shipping fee and the product price must be paid in advance to our company. You can complete the payment via Simple Pay or a one-time bank transfer.

Shipping Fees

Minimum Order (HUF) Maximum Order (HUF) Shipping Fee (HUF)
1 25,000 1,990 Ft
25,000 150,000,000 Free

Delivery Timeframe

The general delivery timeframe is up to 15 days from the order confirmation.

• If the Seller experiences delays, the Buyer has the right to set an extended deadline.
• If the Seller fails to deliver within this extension period, the Buyer has the right to cancel the contract.
• If any shipping method has a different delivery time, it will always be indicated.

Reservation of Rights & Ownership Clause

If you have previously placed an order but did not pick it up upon delivery (excluding cases where you exercised your right of withdrawal) or if the package was returned to the Seller with the status "unclaimed", the Seller reserves the right to require prepayment of the total product and shipping cost for future orders.

The Seller may withhold the delivery of the product until payment is fully confirmed, especially in cases of:

• Electronic payments (ensuring a successful transaction).
• Bank transfers in a foreign currency (when exchange rates, bank fees, or conversion differences prevent the full amount from being received).

If the total price of the product and shipping fee has not been fully paid, the Seller may request the Buyer to cover the remaining balance.

Sales Outside Hungary

The Seller does not differentiate between Buyers using the Website from within Hungary and Buyers from other EU member states. Unless stated otherwise in this Terms and Conditions (T&C), the Seller ensures the delivery/pickup of ordered Goods only within Hungary.

For purchases outside Hungary, this T&C remains applicable, with the following additional clarifications:

• A Buyer under this clause is considered a consumer who is a citizen or resident of an EU member state or a business entity established in an EU member state that purchases goods or services exclusively for end-use.
• A consumer is a natural person acting for purposes outside their commercial, industrial, artisanal, or professional activities.

Language and Legal Compliance

• Primary language of communication and transactions is Hungarian. The Seller is not obligated to communicate in the Buyer's respective national language.
• The Seller is not required to comply with non-contractual national requirements of the Buyer's country, such as labeling regulations or industry-specific requirements, nor to inform the Buyer about them.
• Unless otherwise stated, the Hungarian VAT rate applies to all Goods.

Payment and Currency Considerations

• Electronic payments must be made in the currency determined by the Seller.
• The Seller may withhold delivery until full payment (including the product price and shipping costs) has been successfully and completely received via the electronic payment method.
• In case of bank transfers in foreign currencies, if conversion rates, bank fees, or other deductions reduce the received amount, the Seller has the right to request additional payment from the Buyer to cover the remaining balance.

Delivery Options for Non-Hungarian Buyers

The Seller offers the same delivery and pickup options to non-Hungarian Buyers as those available to Hungarian Buyers:

• If the Buyer is eligible to request delivery within Hungary or to any other EU member state under this T&C, a non-Hungarian Buyer may also request delivery via any of the shipping methods specified in this T&C.
• If the Buyer is eligible to personally pick up the Goods from the Seller under this T&C, a non-Hungarian Buyer may also choose this option.

Additionally:

• A non-Hungarian Buyer may arrange international shipping at their own expense. This option is not available to Hungarian Buyers.
• The Seller fulfills the order once the shipping fee is paid.
• If the Buyer fails to pay the shipping fee or does not arrange their own shipping within the agreed timeframe, the Seller terminates the contract and refunds the prepaid purchase price to the Buyer.

Consumer Information

Right of Withdrawal for Consumers

According to Section 8:1 (1) point 3 of the Civil Code, a consumer is defined as a natural person acting outside their profession, self-employment, or business activity. Legal entities are not entitled to the right of withdrawal without justification.

Under Government Decree 45/2014 (II.26.), Section 20, consumers are entitled to withdraw from a purchase without justification within a specific period.

The consumer's right of withdrawal applies to:
a) Contracts for the sale of Goods, in which case the withdrawal period starts:

• (aa) from the date of receiving the Goods.
• (ab) if purchasing multiple Goods delivered separately, from the date of receipt of the last delivered item.

Right of Withdrawal – Consumer Rights

Withdrawal Period

The consumer may exercise the right of withdrawal within 14 calendar days from the date of receipt of the Goods by the consumer or a third party designated by the consumer (other than the carrier).

This right is also available between the date of contract conclusion and the actual receipt of the Goods.

If the contract was offered by the consumer, they have the right to withdraw their offer before the contract is concluded, thereby terminating their obligation to proceed with the agreement.

If the Seller fails to provide information about the withdrawal right (including the conditions outlined in Section 22 of Government Decree 45/2014 (II.26.)) and the withdrawal form, the withdrawal period is extended by 12 months. If the Seller later provides the necessary information within this 12-month period, the withdrawal period expires 14 days after the information is communicated.

Exercising the Right of Withdrawal

The consumer may exercise their right of withdrawal under Section 20 of Government Decree 45/2014 (II.26.) by:

1. Submitting a clear withdrawal statement, OR
2. Using the withdrawal form available on the website.

Validity of the Withdrawal Statement

• The withdrawal is considered timely if the consumer sends the statement before the deadline expires.
• If submitted in writing, it is sufficient for the statement to be sent before the deadline, even if received later.
• The consumer must prove that they have exercised their right in accordance with these rules.
• The Seller must acknowledge receipt of the withdrawal statement via electronic means.

Seller's Obligations in Case of Withdrawal

Refund Obligation

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II.26.), the Seller must refund the full amount paid, including any delivery costs, within 14 days from receiving the withdrawal notice.

Note: If the consumer chose a more expensive shipping method than the standard option, the Seller is not obliged to refund the additional cost.

Refund Method

• The refund will be processed using the same payment method that the consumer used for the purchase.
• A different payment method may be used only with the consumer's explicit consent and without additional costs for the consumer.
• If a refund delay occurs due to an incorrect or incomplete bank account or postal address provided by the consumer, the Seller is not responsible for the delay.

Additional Costs

• If the consumer chooses a more expensive delivery method than the standard shipping option, the Seller will not reimburse the extra cost.
• The refund will only cover the amount of the least expensive standard shipping fee.

Right to Withhold Refund

The Seller may withhold the refund until:

1. The consumer returns the Goods, OR
2. The consumer proves they have sent back the Goods.

Important: The Seller does not accept returned Goods via cash-on-delivery (COD) or freight collect services.

Consumer's Obligations in Case of Withdrawal

Returning the Goods

• The consumer must return the Goods without delay, but no later than 14 days from the withdrawal notification.
• The Goods must be sent back to the Seller or handed over to an authorized person for acceptance.
• The return is considered timely if the Goods are shipped before the deadline expires.

Who Pays for the Return?

• The consumer bears the direct cost of returning the Goods.
• The return must be sent to the Seller's address.

If the Seller operates a physical store, the consumer may return the Goods in person when exercising the withdrawal right at the store.

Special Case: Service Contracts

If the consumer terminates a service contract (signed outside the business premises or via distance selling) after service delivery has begun, they must:

• Pay a proportionate fee for the service already provided.
• The proportionate amount is calculated based on:
  • The total contractual amount, OR
  • If this amount is excessively high, the market value of the completed service.

Key Considerations for Returns

• The consumer must return the Goods to the Seller.
• If a service contract is canceled after partial service completion, the consumer must pay for the completed portion.
• COD or freight collect returns are not accepted.

Consumer Responsibility for Depreciation

The consumer is liable for any depreciation of the Goods resulting from use beyond what is necessary to establish their nature, characteristics, and functionality.

If the right of withdrawal is not applicable or can only be exercised under certain conditions, the Buyer does not have the right to use the Goods for testing purposes.

Cases Where the Right of Withdrawal Cannot Be Exercised

The Seller explicitly informs the Buyer that the right of withdrawal cannot be exercised in the following cases, as specified in Section 29 (1) of Government Decree 45/2014 (II.26.):

a) After the full completion of the service, provided that:

• If the contract entails payment obligations, the consumer expressly agreed in advance to the service commencement and acknowledged that they would lose their right of withdrawal once the service was fully performed.

b) For Goods or services where the price depends on financial market fluctuations beyond the Seller's control, which may occur within the withdrawal period.

c) For non-prefabricated Goods manufactured based on the consumer's specific request or Goods that have been customized for the consumer.

d) For perishable Goods or those that deteriorate quickly.

e) For sealed Goods that, due to health protection or hygiene reasons, cannot be returned once unsealed after delivery.

f) For Goods that, by their nature, have become inseparably mixed with other products after delivery.

g) For alcoholic beverages where the price is dependent on market fluctuations, the sale price was agreed upon when the contract was concluded, but delivery occurs only after 30 days.

h) For urgent repairs or maintenance services, where the consumer explicitly requested the Seller to carry out the work at their premises.

i) For sealed audio, video recordings, or computer software, if the consumer opened the packaging after delivery.

j) For newspapers, magazines, and periodicals, except for subscription-based contracts.

k) For contracts concluded at a public auction.

l) For contracts relating to accommodation services (except residential leases), transportation, car rental, catering, or leisure activities, where a specific performance date or period is agreed upon.

m) For digital content not supplied on a tangible medium, where:

• The Seller has commenced performance with the consumer's explicit prior consent.
• The consumer acknowledged that they would lose the right of withdrawal once performance began.
• The Seller has provided confirmation of this consent to the consumer.

These exclusions ensure that consumers are aware of situations where returning the Goods or canceling the service is not possible, especially in cases involving custom-made items, hygiene-related products, and digital content.

Product Warranty and Liability for Conformity in Consumer Contracts

This consumer information section is provided in accordance with Section 11 (5) of Government Decree 45/2014 (II.26.), based on Annex 3 of the same decree.

The Consumer Information Guide applies exclusively to Buyers classified as consumers. Rules applicable to Buyers who are not consumers are outlined in a separate section.

Requirements for Contractual Performance in Consumer Contracts

General Conformity Requirements for Goods and Digital Content in Consumer Contracts

Goods and their performance must comply with the requirements set forth in Government Decree 373/2021 (VI.30.) at the time of delivery.

To be considered contractually compliant, the Goods must:

• Match the contractual description, quantity, quality, type, and have the functionality, compatibility, interoperability, and other contractually specified characteristics.
• Be suitable for any specific purpose defined by the consumer and communicated to the Seller at the latest by the time of contract conclusion, provided the Seller has accepted it.
• Be supplied with all contractually required accessories and instructions, including installation and setup guides, user manuals, and customer support.
• Provide contractually required updates, ensuring continued compliance with contractual terms.

In addition, for the Goods to be considered contractually compliant, they must also:

• Be fit for the purposes normally expected for Goods of the same type, as prescribed by laws, technical standards, or industry codes of conduct.
• Have the quality, performance, and characteristics reasonably expected from similar Goods, considering public statements made by the Seller, its representatives, or any party involved in the supply chain, including statements in advertisements or labels.
• Include any accessories or manuals reasonably expected by the consumer, such as packaging and setup instructions.
• Match any sample, model, or demonstration version made available to the consumer before the contract was signed.

The Seller is not liable for the public statements mentioned above if they can prove that:

• They were unaware of the statement and could not reasonably have been expected to be aware of it.
• The statement was corrected before the contract was concluded.
• The statement did not influence the consumer's purchase decision.

This section ensures that consumers receive clear and reliable information regarding their rights and expectations for product conformity, protecting them in case of defects or deviations from contractual terms.

Defective Performance of a Contract for 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 sales contract, and it was carried out by the Seller or under the Seller's responsibility; or
b) The Buyer was responsible for the installation, but the defective installation resulted from inadequate installation instructions provided by the Seller (or, in the case of Goods containing digital elements, by the provider of the digital content or digital service).

If the sales contract specifies that the Seller is responsible for installing the Goods, or the installation takes place under the Seller's responsibility, the performance is only considered completed when the installation is fully completed.

If the Goods include digital elements, and the sales contract includes the continuous provision of digital content or a digital service for a specific period, the Seller is liable for defects in the digital content if the defect occurs or becomes apparent within two years from the delivery of the Goods for contracts specifying a continuous service of up to two years.

Requirements for Contractual Performance in Consumer Contracts for Goods with Digital Elements

For Goods containing digital elements, the Seller must:

• Ensure that the Buyer is notified about updates related to the digital content or digital service—including security updates—necessary to maintain the conformity of the Goods.
• Ensure that the Buyer receives the updates.
• Make the updates available according to the type and purpose of the Goods, as well as the specific circumstances and nature of the contract:
  • If the contract provides for a one-time supply of digital content or a digital service, the updates must be available for a reasonable period based on the type and purpose of the Goods.
  • If the contract provides for continuous supply of digital content for up to two years, the updates must be available for two years from the date of delivery.

If the Buyer fails to install the updates within a reasonable period, the Seller is not liable for any defect in the Goods if the defect solely results from the missing update, provided that:

a) The Seller has informed the Buyer about the availability of the update and the consequences of failing to install it; and
b) The Buyer's failure to install or incorrect installation of the update was not caused by an inadequate installation guide provided by the Seller.

This section ensures that Buyers understand their rights regarding installation, digital updates, and the Seller's responsibilities, reducing the risks associated with digital content-related defects.

Defective Performance Cannot Be Established If:

A defective performance cannot be established if, at the time of concluding the contract, the Buyer was explicitly informed that a specific property of the Goods deviates from the described requirements, and the Buyer expressly accepted this deviation when concluding the contract.

Requirements for Conforming Performance in Consumer Contracts for the Sale of Digital Content

The Seller is responsible for delivering or providing digital content to the Buyer. Unless otherwise agreed, the Seller must provide the digital content without undue delay after the conclusion of the contract, in the latest available version at the time of contract formation.

The service is considered completed when the digital content or any solution necessary for accessing or downloading it has been delivered to the Buyer or to the physical or virtual device selected by the Buyer for this purpose.

The Seller must ensure that the Buyer receives notifications about updates to the digital content—including security updates—that are necessary to maintain the conformity of the digital content or digital service. The Buyer must also receive these updates.

If the contract specifies the continuous provision of digital content over a specific period, the Seller must ensure that the digital content remains in compliance throughout the entire contract period.

The Seller Is Not Liable for Defects in the Digital Service If:

If the Buyer fails to install the updates provided by the Seller within a reasonable timeframe, the Seller is not liable for any defects in the digital content, provided that:

• The Seller informed the Buyer about the availability of the update and the consequences of failing to install it.
• The failure to install or incorrect installation of the update was not due to inadequate installation instructions provided by the Seller.

A defective performance cannot be established if, at the time of concluding the contract, the Buyer was explicitly informed that a specific property of the digital content deviates from the described requirements, and the Buyer expressly accepted this deviation.

Defective Performance of Digital Content Due to Improper Integration

The Seller is liable for a defect in digital content if the defect results from improper integration of the content into the Buyer's digital environment, provided that:

• The Seller (or someone acting under the Seller's responsibility) performed the integration; or
• The Buyer was responsible for the integration, but improper integration resulted from inadequate integration instructions provided by the Seller.

If the contract specifies that the digital content or digital service must be provided continuously for a specific period, the Seller is liable for defects in the digital content if the defect occurs or becomes apparent during the contract period.

Key Takeaways:

• The Buyer must install necessary updates; otherwise, the Seller is not responsible for defects caused by missing updates.
• If improper integration occurs due to incorrect instructions, the Seller is responsible for the defect.
• If the Buyer was informed about a deviation in the digital content's features and accepted it, defective performance cannot be claimed.
• For continuously provided digital content, the Seller remains responsible for any defects during the entire contract period.

Defective Performance in Digital Content Contracts

If the contract involves a one-time service or a series of individual service actions, it is presumed—until proven otherwise—that any defect recognized by the Buyer within one year from the time of performance already existed at the time of performance.

However, the Seller is not liable for defective performance if they can prove that:

• The Buyer's digital environment is not compatible with the technical requirements of the digital content or service.
• The Buyer was clearly and comprehensibly informed of this incompatibility before concluding the contract.

Buyer's Obligation to Cooperate in Digital Content Defect Cases

The Buyer must cooperate with the Seller to determine whether the defect is caused by the Buyer's digital environment. The Seller must use technically available tools that require the least intervention from the Buyer.

If the Buyer fails to comply with this cooperation obligation after the Seller has clearly and comprehensibly informed them of this requirement before the contract was concluded, the Buyer bears the burden of proof that:

1. The defect already existed at the time of performance if recognized within one year of performance; or
2. The defect arose during the agreed contract period, meaning the digital service was not provided as agreed during that time.

Warranty for Defective Performance (Kellékszavatosság)

When Can You Claim a Warranty for Defective Performance?

If the Seller performs defectively, the Buyer may enforce a warranty claim against the Seller under the Hungarian Civil Code and, in consumer contracts, under Government Decree 373/2021 (VI.30.).

What Rights Do You Have Under the Warranty for Defective Performance?

You may choose from the following warranty claims:

• Repair or replacement, unless the chosen remedy is impossible or involves disproportionate costs for the Seller compared to other remedies.
• If repair or replacement is not an option, you may request:
  • A proportional price reduction, or
  • As a last resort, contract termination (refund).

You can switch from one remedy to another, but you must cover the associated costs unless the switch was necessary or the Seller caused the situation.

Defect Presumption in Consumer Contracts

In consumer contracts, it is presumed that any defect recognized within one year of performance already existed at the time of performance, unless this presumption is incompatible with the nature of the Goods or the defect itself.

Special Rules for Used Goods

For used Goods, warranty and guarantee rights differ from standard rules:

• Defective performance may still apply, but wear and tear must be considered.
• The Buyer cannot expect a used Good to have the same quality as a new one.
• The Buyer can only claim a warranty for defects that:
  • Go beyond normal wear and tear and
  • Are unrelated to the item's prior use.
• If the Buyer was informed about the defect before purchase, the Seller is not responsible for that specific defect.

Key Takeaways:

✔ If a defect is recognized within one year, it is presumed to have existed at the time of performance (unless proven otherwise).
✔ If the Buyer's digital environment is incompatible, the Seller is not responsible, provided they informed the Buyer before the contract.
✔ The Buyer must cooperate with the Seller to identify whether the defect is due to their own digital environment.
✔ For used Goods, warranty applies only to defects that go beyond normal wear and tear.

Refusal of Performance Correction and Consumer Rights in Case of Defective Goods

The Seller may refuse to correct the defective performance (repair or replacement) if:

• Correction is impossible, or
• It would impose disproportionate additional costs on the Seller, considering all circumstances, including:
  • The value of the Goods in a defect-free condition, and
  • The seriousness of the contract breach.

Consumer's Right to Price Reduction or Contract Termination

The Consumer may demand a proportional price reduction or terminate the contract if:

• The Seller fails to repair or replace the Goods, or does so incompletely, meaning the Seller did not fulfill the following obligations:

  • The Seller must cover the cost of returning the replaced Goods.
  • If the repair or replacement requires removing an installed item (installed before the defect became apparent as part of its intended use), the Seller must remove the defective item and install the new one, or cover these costs.

• The Seller refuses to correct the defect.

• The same defect occurs again, even after the Seller attempted to correct it.

• The defect is so serious that an immediate price reduction or contract termination is justified.

• The Seller has not committed to correcting the defect, or it is clear from the circumstances that the Seller will not make the Goods contractually compliant within a reasonable timeframe or without causing significant inconvenience to the Consumer.

Burden of Proof in Contract Termination

If the Consumer wishes to terminate the contract due to defective performance, the Seller must prove that the defect is insignificant.

Consumer's Right to Withhold Payment

The Consumer has the right to withhold the remaining payment (partially or fully), proportionate to the severity of the contract breach, until the Seller fulfills its obligations regarding:

• Contractual performance, and
• Correction of defective performance.

General Obligations of the Seller

• The Seller must cover the cost of returning the replaced Goods.
• If the repair or replacement requires the removal of an installed item, the Seller must either:
  • Remove the defective item and install the replacement, or
  • Cover the cost of removal and installation.

Key Takeaways:

✔ The Seller can refuse repair or replacement if it is impossible or disproportionately costly.
✔ The Consumer may request a price reduction or terminate the contract if the Seller refuses or fails to correct the defect properly.
✔ The burden of proof is on the Seller to show that a defect is minor if the Consumer terminates the contract due to defective performance.
✔ The Consumer may withhold payment until the Seller corrects the defect.
✔ The Seller must cover all costs associated with returning, removing, and reinstalling defective Goods if necessary.

Warranty and Consumer Rights in Case of Defective Goods

Timeframe for Repair or Replacement

• The reasonable deadline for repair or replacement starts when the Consumer reports the defect to the Seller.
• The Consumer must make the Goods available to the Seller for repair or replacement.

Proportional Price Reduction

• A price reduction is considered proportional if the amount corresponds to the difference between:
  • The value the Consumer should have received under a contractually compliant performance, and
  • The value the Consumer actually received due to the defect.

Right to Terminate the Sales Contract

• The Consumer exercises their right to terminate the contract by sending the Seller a declaration expressing this decision.
• If the defect affects only a specific part of the purchased Goods:
  • The Consumer may terminate the contract only for the defective part.
  • However, they may also terminate it for the entire purchase if it is unreasonable to expect them to keep only the defect-free items.

Obligations in Case of Contract Termination

• If the Consumer terminates the contract entirely or for some of the Goods, then:
  • The Consumer must return the affected Goods at the Seller's expense.
  • The Seller must immediately refund the purchase price once the Goods are received or once proof of return is provided.

Statute of Limitations for Warranty Claims

• The Consumer must report the defect as soon as they discover it.
• A defect reported within two months of discovery is considered timely.
• However, warranty rights expire after two years from the date of performance.
• The limitation period is suspended during the time the Goods cannot be used properly due to repairs.
• For parts replaced or repaired, the warranty period restarts.
• This also applies if a new defect arises due to a previous repair.
• For used Goods, a shorter limitation period may be agreed upon, but it cannot be shorter than one year.

Who Can the Consumer File a Warranty Claim Against?

• The warranty claim must be made against the Seller.

Proof of Defect for Warranty Claims

• Within one year from the date of performance:
  • The Consumer only needs to report the defect.
  • The Seller must prove that the defect did not exist at the time of sale.
• After one year from performance:
  • The Consumer must prove that the defect already existed at the time of purchase.

Key Takeaways

✔ Consumers must report defects promptly and within two years from purchase.
✔ If the Seller fails to repair or replace the defective item, the Consumer may request a proportional price reduction or terminate the contract.
✔ If the contract is terminated, the Seller must cover return costs and refund the full amount.
✔ For the first year, the Seller must prove the defect did not exist at purchase; after one year, the Consumer must prove it did.

Product Warranty (Termékszavatosság)

When Can You Exercise Your Product Warranty Rights?

If a movable item (Product) is defective, you may choose to enforce either:

• Liability for Defects (Kellékszavatosság)
• Product Warranty (Termékszavatosság)
  according to the Civil Code.

What Are Your Rights Under Product Warranty?

• You can request repair or replacement of the defective Product.

When Is a Product Considered Defective?

A product is defective if:

• It does not meet the quality requirements in force at the time of sale, or
• It does not have the characteristics described by the manufacturer.

What Is the Deadline for Enforcing Product Warranty Claims?

• You must file your product warranty claim within two years from the date the manufacturer introduced the product to the market.
• After this period, your right expires.

Who Can You File a Product Warranty Claim Against?

• You can enforce product warranty rights against the manufacturer or distributor of the product.

What Are the Proof Requirements for Product Warranty Claims?

• You must prove that the defect existed at the time the manufacturer introduced the product to the market.

When Is the Manufacturer Exempt From Liability?

The manufacturer is not liable if they can prove that:

• They did not manufacture or distribute the product in the course of their business,
• The defect was not detectable based on the current state of science and technology at the time of sale,
• The defect was caused by legal or regulatory compliance.

A manufacturer only needs to prove one of these conditions to be exempt from liability.

⚠ Important:
You cannot file both a liability for defects (kellékszavatosság) and product warranty (termékszavatosság) claim at the same time for the same defect.
However, if your product warranty claim is successful, then future defect claims for the replaced or repaired part can only be filed against the manufacturer.

Guarantee (Jótállás)

(Next section pending – let me know if you'd like me to continue with warranty details!)

Warranty (Jótállás)

When Can You Exercise Your Warranty Rights?

According to Government Decree 151/2003 (IX. 22.) on mandatory warranties for certain durable consumer goods, the Seller is required to provide a warranty for new durable consumer goods listed in Annex 1 of Decree 10/2024 (VI. 28.) IM, including technical devices, tools, and machines, as well as their accessories and components (hereinafter referred to as "consumer goods").

How Can You Enforce Your Warranty Rights?

• Warranty rights can be enforced with the warranty certificate (jótállási jegy).
• The Seller cannot make the return of the product's opened packaging a condition for enforcing the warranty.
• If no warranty certificate is provided, the proof of purchase (invoice or receipt) serves as proof of the contract.
• The Seller may voluntarily offer additional warranties, in which case the consumer must receive a warranty declaration.
• The warranty declaration must be provided on a durable medium (e.g., electronic or paper) at the latest at the time of product delivery.

The Warranty Declaration Must Include:

1. A clear statement that the consumer is entitled to legal warranty rights free of charge, and the warranty does not affect these rights.
2. The name and address of the responsible party.
3. The procedure for enforcing the warranty.
4. The product covered by the warranty.
5. The warranty conditions.
6. The purchase price of the product.

What Rights and Deadlines Apply to Mandatory Warranty Cases?

Warranty Rights:

The Buyer can request:

• Repair or replacement of the defective product.
• Price reduction (if repair or replacement is not possible).
• Contract termination (if the Seller does not repair/replace the item within a reasonable time, or if the Buyer loses interest in repair/replacement).

The Buyer can enforce the warranty claim at:

• The Seller's headquarters.
• Any of the Seller's branches or service points.
• The repair service listed in the warranty certificate.

Warranty Periods

The validity period of the warranty depends on the product's price:

Purchase Price Warranty Period
10,000 HUF – 250,000 HUF 2 years
Over 250,000 HUF 3 years

Warranty Period and Claim Handling Rules

Failure to comply with these deadlines will result in the loss of rights. However, if the consumer good is repaired, the warranty period is extended from the day it was handed over for repair, by the duration during which the Buyer was unable to use the product properly due to the defect.

The warranty period starts when the consumer good is handed over to the Buyer. If the installation is carried out by the Seller or their representative, the warranty period starts on the day of installation.

If the Buyer has the product installed more than six months after its handover, the starting date of the warranty period remains the handover date.

Rules for Handling Warranty Claims

Repair Process

• The Seller must strive to complete the repair within 15 days.
• The repair period begins when the Seller receives the product.
• If the repair or replacement takes longer than 15 days, the Seller must inform the Buyer about the expected duration of the process.

Replacement or Refund in Case of an Irreparable Product

• If the product is found to be irreparable during its first repair under the warranty period, the Seller must replace it within 8 days, unless the Buyer requests otherwise.
• If a replacement is not possible, the Seller must refund the purchase price within 8 days based on the warranty certificate. If there is no warranty certificate, the refund must be made based on the receipt or invoice proving the payment.

Buyer's Consent for Electronic Communication

By accepting the General Terms and Conditions (GTC), the Buyer agrees to receive warranty-related notifications electronically or through any other means that can confirm receipt by the Buyer.

Warranty Claim Handling in Case of Extended Repair Period

If the Seller is unable to repair the consumer good within 30 days, the following options apply:

• If the Buyer agrees, the repair may be completed at a later date.
• If the Buyer does not agree to the delayed repair or does not provide a statement on the matter, the consumer good must be replaced within 8 days after the unsuccessful expiration of the 30-day period.
• If the Buyer does not agree to the delayed repair, does not provide a statement, and replacement is not possible, the Seller must refund the purchase price within 8 days after the 30-day repair period expires. The refund must be based on the warranty certificate or, if unavailable, on the receipt or invoice issued under the Value Added Tax Act.

If the consumer good fails for the 4th time, the Seller must replace it within 8 days, unless the Buyer specifies otherwise. If replacement is not possible, the Seller must refund the purchase price within 8 days based on the warranty certificate or the receipt/invoice proving payment.

Special Rules for Fixed or Heavy Consumer Goods

For fixed-installation consumer goods or goods weighing more than 10 kg (or those that cannot be transported as hand luggage on public transport), excluding vehicles, repairs must be carried out at the place of operation.

• If repair cannot be performed on-site, the installation, removal, and transportation of the item (both to and from the repair service) is the responsibility of the Seller or, in the case of a repair request submitted directly to the repair service, the repair service provider.

Exceptions to the Warranty

The warranty claim handling rules outlined in the "Warranty Claim Handling Rules" section do not apply to the following goods:

• Electric bicycles, electric scooters, quads, motorcycles, mopeds, passenger cars, motorhomes, caravans, trailer caravans, trailers, and motorized watercraft.

However, for these goods, the Seller must still aim to complete the repair request within 15 days.

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

Relationship Between Warranty and Other Warranty Rights

The warranty applies alongside other warranty rights (product and implied warranty). The main difference between general warranty rights and the warranty is that the burden of proof is more favorable for the consumer under warranty.

If the Seller voluntarily offers a warranty, it cannot impose less favorable conditions on the consumer than those granted under the mandatory warranty during its validity period. However, after the mandatory warranty period expires, voluntary warranty conditions may be freely determined, but even then, the warranty cannot affect the consumer's legal rights, including their implied warranty rights.

Three-Day Replacement Right

The three-day replacement right applies to sales through a webshop as well.

For new durable consumer goods, the Buyer can claim a replacement within three working days. In this case, the Seller must assume that the product was defective at the time of sale and must replace it immediately without further conditions.

When is the Seller Exempt from Warranty Obligations?

The Seller is only exempt from warranty obligations if they prove that the defect occurred after the sale.

It is important to note that the Buyer can claim both implied and warranty rights simultaneously or product warranty and warranty claims together.

However, if the Buyer successfully enforces a claim once for a specific defect (e.g., the product was replaced), they cannot make another claim for the same defect under a different legal basis.

Product and Implied Warranty for Non-Consumer Buyers

General Rules for Implied Warranty

A non-consumer Buyer (i.e., a business entity) may choose from the following implied warranty claims:

• Repair or replacement, unless the selected option is impossible or imposes a disproportionate cost on the Seller.
• If repair or replacement is not available, the Buyer may:
  • Request a proportional price reduction,
  • Repair the defect at the Seller's expense,
  • Have the defect repaired by a third party, or
  • Terminate the contract as a last resort.

The Buyer may switch between implied warranty rights, but must bear the associated costs, unless the switch was justified or caused by the Seller.

Warranty and Implied Warranty for Used Goods

For used goods, warranty and implied warranty rights differ from general rules.

A Buyer must account for expected wear and tear, as defects may occur more frequently over time.

• A used product cannot be expected to match the quality of a new one.
• The Buyer may only claim warranty for defects that exceed normal wear and tear or occurred independently of aging.
• If the Seller informed the Buyer about a defect before purchase, the Seller is not liable for that defect.

For non-consumer buyers, the implied warranty period is one year from the date of delivery.

Product Warranty and Guarantee

Product warranty and mandatory guarantee apply only to buyers who qualify as consumers.

• If the Seller voluntarily provides a guarantee for a product, this will be specifically indicated at the time of purchase.
• If the manufacturer offers a manufacturer's guarantee that also applies to non-consumer buyers, the warranty claim must be made directly with the manufacturer.