GENERAL TERMS AND CONDITIONS (GCF)
effective from 2022-03-16
Contents
Contents
Preambulum
Welcome to our website! Thank you for honoring us with your trust in your purchase!
Please read this document carefully before finalizing your order, as by completing your purchase, you accept the terms outlined in these General Terms and Conditions.
If you have any questions regarding these General Terms and Conditions, the use of the website, specific products, the purchasing process, or if you would like to discuss a unique request, please contact our team through the provided contact details!
Imprint: the Service Provider’s (Seller, Business) information
Name: LEVRON Ltd.
Registered Address: 3432 Emőd, Pincesor St. 55.
Mailing Address: 3432 Emőd, Pincesor St. 55.
Tax Number: 27396599-2-05
Representative: Levente Siposs
Email: support@betonbooster.com
Website: https://betonbooster.com/
Bank Account Number: Unicredit Bank: 10918001-00000114-87560004
Web Hosting Provider Information
Name: Tarhely.EU Ltd.
Registered Address: 1144 Budapest, Ormánság St. 4.
Contact: +36 1 789 2789, iroda@tarhely.eu
Definitions
Parties: Seller and Buyer together
Consumer: a natural person acting outside the scope of their profession, independent occupation, or business activity
Consumer Contract: a contract in which one of the parties qualifies as a consumer
Website: this website, which serves as a platform for contract formation
Contract: the sales contract formed between the Seller and Buyer through the use of the Website and electronic correspondence
Means of Communication Enabling Distance Communication: tools that allow the parties to make contractual declarations remotely for the purpose of contract formation. Such tools include, in particular, addressed or unaddressed printed materials, standard letters, advertisements with order forms published in the press, catalogs, telephone, telefax, and internet-access-enabled devices.
Distance Contract: a consumer contract made within an organized distance selling system for the supply of goods or services under the contract, where the parties conclude the contract without simultaneous physical presence, using only means of distance communication.
Product: any moveable item available for acquisition listed on the Website and intended for sale, which is the subject of the Contract
Business: a person acting within the scope of their profession, independent occupation, or business activity
Buyer/You: the individual entering into the contract by making a purchase offer through the Website
Warranty: In contracts concluded between the consumer and the business (hereinafter referred to as consumer contracts), in accordance with the Civil Code,
- Voluntary Warranty: a warranty undertaken by the business for the proper fulfillment of the contract, which the business voluntarily provides beyond or in the absence of a legal obligation, and
- Statutory Mandatory Warranty: a warranty required by law
Applicable Legislation
The Contract is governed by Hungarian law, with particular reference to the following legislation:
- Act CLV of [year] 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
- Government Decree 45/2014 (II.26.) on the Detailed Rules of Contracts Between Consumers and Businesses
- NGM Decree 19/2014 (IV.29.) on the Procedural Rules for Handling Warranty and Guarantee Claims in Contracts Between Consumers and Businesses
- Act LXXVI of [year] on Copyright
- Act CXII of 2011 on the Right of 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 geo-blocking and other forms of discrimination based on the nationality, residence, or establishment of the customer within the internal market and amending Regulations (EC) No 2006/2004 and (EU) No 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)
Scope and Acceptance of the General Terms and Conditions (GTC)
The content of the contract between us, in addition to the provisions of the applicable mandatory laws, is determined by these General Terms and Conditions (hereinafter referred to as GTC). Accordingly, these GTC outline the rights and obligations of both you and us, the conditions for the formation of the contract, performance deadlines, delivery and payment terms, liability rules, as well as the conditions for exercising the right of withdrawal.
Technical information necessary for the use of the Website, which is not included in these GTC, is provided by other notices available on the Website.
Before finalizing your order, you are required to familiarize yourself with the provisions of these GTC. By making a purchase through our website, you accept the provisions of these GTC, which will fully form part of the contract between you and the Seller.
Language of the Contract, Form of the Contract
The language of the contracts falling under the scope of these GTC is English.
Contracts falling under the scope of these GTC are not considered written contracts, and the Seller does not register them.
Prices
The prices are stated in EURO and include VAT. The prices are for informational purposes only. The Seller reserves the right to change the prices for business reasons. Price changes do not apply to contracts that have already been concluded. If the Seller has listed the price incorrectly, the Seller will proceed in accordance with the “Procedure for Incorrect Price” section of these GTC for contracts already concluded.
Complaint Handling and Legal Enforcement Options
The consumer may submit their consumer complaints regarding the product or the Seller’s activities through the following contact details:
- Website: https://betonbooster.com/
- E-mail: support@betonbooster.com
The consumer may communicate their complaint to the business verbally or in writing, regarding the business’s activities related to the sale or distribution of goods to consumers, or any actions or omissions directly related to it.
The business is required to immediately investigate and address verbal complaints if necessary. If the consumer disagrees with the handling of the complaint or if the complaint cannot be immediately resolved, the business must promptly create a report regarding the complaint and its position on the matter. A copy of the report must be provided to the consumer in case of an in-person verbal complaint. For verbal complaints communicated via phone or other electronic communication services, the business must send a substantial response, in compliance with the rules for written complaints, within 30 days at the latest.
In all other cases, the business must act in accordance with the rules for written complaints. Written complaints must be answered substantively by the business in writing within 30 days of receipt, unless otherwise stipulated by a directly applicable EU legal act. A shorter deadline may be set by law, and a longer deadline may be established by legislation. If the complaint is rejected, the business is required to provide justification for its decision. Verbal complaints made via phone or other electronic communication services must be assigned a unique identification number by the business.
The complaint report must include the following details:
- The consumer’s name and address,
- The location, time, and method of submitting the complaint,
- A detailed description of the consumer’s complaint, including a list of any documents, papers, and other evidence presented by the consumer,
- The business’s statement on its position regarding the consumer’s complaint, if the complaint can be immediately investigated,
- The name of the person who took the report and, except in cases of verbal complaints communicated via phone or other electronic communication services, the consumer’s signature,
- The location and time of the report,
- In the case of verbal complaints communicated via phone or other electronic communication services, the unique identification number of the complaint.
The complaint report must include the following details:
The business is required to retain the minutes of the complaint and the copy of the response for five years and to present them to the supervisory authorities upon request.
In the event of the rejection of the complaint, the business is required to inform the consumer in writing about which authority or conciliation board they can turn to, depending on the nature of the complaint. The information must also include the contact details (address, telephone number, email) of the competent authority or the conciliation board of the consumer’s place of residence or stay. Additionally, the information must clarify whether the business will use the conciliation board procedure to resolve the consumer dispute.
If the consumer dispute between the Seller and the consumer is not resolved during negotiations, the following legal remedies are available to the consumer:
Filing a complaint with consumer protection authorities. If the consumer notices a violation of their consumer rights, they are entitled to file a complaint with the consumer protection authority competent for their place of residence. After assessing the complaint, the authority will decide on the conduct of the consumer protection procedure. The first-instance consumer protection tasks are handled by district offices, which can be found in this list: http://jarasinfo.gov.hu/
Court procedure. The consumer is entitled to enforce their claim arising from the consumer dispute in court in accordance with the provisions of the 2013 Act V of the Civil Code and Act CXXX of the Civil Procedure Code.
We inform you that you may file a consumer complaint against us. If your complaint is rejected, you have the right to approach the competent Conciliation Board in your place of residence or stay: the condition for initiating the conciliation board procedure is that the consumer attempts to resolve the dispute directly with the business. If requested by the consumer, the conciliation board specified in the consumer’s application will be competent, instead of the relevant authority.
The business is obligated to cooperate in the conciliation board procedure.
This includes the obligation of the business to submit a written response to the conciliation board’s request and to appear in person at the conciliation board hearing (to ensure the participation of a person authorized to reach an agreement).
If the business’s headquarters or branch is not located in the area of the conciliation board operating chamber, the business’s cooperation obligation extends to offering the consumer the opportunity for a written settlement agreement.
If the business fails to comply with this cooperation obligation, the consumer protection authority has jurisdiction, and due to legal amendments, a mandatory fine will be imposed in case of a violation of the law. There is no possibility of exemption from the fine. The law concerning consumer protection has been amended, and the relevant provisions of the Act on Small and Medium Enterprises also stipulate that the imposition of a fine cannot be waived for small and medium-sized enterprises.
The fine amount for small and medium-sized enterprises can range from 15,000 HUF to 500,000 HUF, while for businesses with an annual net revenue exceeding 100 million HUF, the fine may range from 15,000 HUF to 5% of the annual net revenue of the company, with a maximum of 500 million HUF. The introduction of mandatory fines aims to emphasize the cooperation with the conciliation boards and to ensure businesses’ active participation in the conciliation procedure.
The conciliation board has jurisdiction to settle consumer disputes outside of court. Its role is to attempt to create an agreement between the parties to resolve the dispute. If this attempt is unsuccessful, the conciliation board will make a decision to ensure the simple, fast, effective, and cost-effective enforcement of consumer rights. The conciliation board also provides advice to the consumer or business about the rights and obligations concerning the consumer.
The conciliation board procedure starts at the request of the consumer. The request must be submitted in writing to the president of the conciliation board via mail, telegram, telex, or fax, or any other means that allows the recipient to store the data for an appropriate period and to display the data unchanged.
The request must include:
- The consumer’s name, place of residence, or place of stay,
- The name, registered office, or relevant premises of the business involved in the consumer dispute,
- If the consumer has requested the designation of a conciliation board other than the competent one,
- A brief description of the consumer’s position, the facts supporting it, and the evidence thereof,
- The consumer’s statement that they have attempted to resolve the dispute directly with the business involved,
- The consumer’s statement that no other conciliation board procedure has been initiated in the matter, no mediation procedure has been started, and no claim has been filed or request for a payment order has been made,
- A proposal for the conciliation board’s decision,
- The consumer’s signature.
The application must include the document or its copy (excerpt) on which the consumer relies as evidence, particularly the written statement from the business regarding the rejection of the complaint. In the absence of this, any other written evidence available to the consumer regarding the attempted consultation must also be included.
If the consumer is acting through a representative, the application must include the power of attorney.
More information about the Conciliation Boards can be found here: http://www.bekeltetes.hu
More information about the territorially competent Conciliation Boards can be found here:
https://bekeltetes.hu/
Online Dispute Resolution Platform
The European Commission has created a website where consumers can register, allowing them to resolve disputes related to online purchases by submitting a request, thereby avoiding court procedures. This way, consumers can enforce their rights without being hindered by issues like distance.
If you wish to file a complaint about a product or service purchased online and do not necessarily want to go to court, you can use the online dispute resolution tool.
On the platform, you and the trader you are complaining about can jointly select the dispute resolution body you wish to entrust with handling the complaint.
The online dispute resolution platform can be accessed here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Copyrights
According to Section 1 (1) of Act LXXVI of 1999 on Copyright (hereinafter: Szjt.), the website is considered a copyrighted work, and thus all parts of it are protected by copyright. Under Section 16 (1) of the Szjt., it is prohibited to use the graphic and software solutions, and computer programs found on the website without authorization, as well as any application that modifies the website or any of its parts. Any material taken from the website or its database can only be used with the written consent of the copyright holder, and with proper citation of the source, even if consent is granted. The copyright holder is: Siposs Levente.
Partial Invalidity, Code of Conduct
If any provision of the General Terms and Conditions (GTC) is legally incomplete or invalid, the remaining provisions of the contract shall remain in force, and the invalid or incorrect provision shall be replaced by the relevant legal provisions.
The Seller does not have a code of conduct in accordance with the law on the prohibition of unfair commercial practices towards consumers.
Operation of Digital Content, Technical Protection Measures
The availability of servers providing data on the website exceeds 99.9% annually. Regular backups of the entire data content are made, so in case of problems, the original data can be restored. The data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data is stored with appropriate encryption strength, using hardware support integrated into the processor for encryption.
Information on Essential Characteristics of Products
Information on the essential characteristics of the products available for purchase is provided in the content of the website.
Correction of Data Entry Errors – Responsibility for the Accuracy of Provided Data
During the order process, you have the opportunity to modify the data you entered before finalizing the order. Please note that it is your responsibility to ensure that the data you provide is entered correctly, as the product will be billed and delivered based on the data you provide. By submitting your order, you acknowledge that the Seller is entitled to transfer all costs and damages arising from incorrect data entry by you. The Seller excludes liability for performance based on inaccurate data entry. Please note that an incorrectly provided email address or the full mailbox of the email account may result in the failure to deliver the confirmation and prevent the contract from being concluded.
Procedure in Case of Incorrect Price
An obviously incorrect price is considered to be:
- A price of 0 EUR,
- a price reduced by a discount, but with the discount incorrectly stated (e.g., a product priced at 10 EUR with a 20% discount indicated but offered for 5 EUR).
In the case of an incorrect price being displayed, the Seller will offer the option to purchase the product at its correct price. With this information, the Buyer can decide whether to place an order for the product at the correct price or cancel the order without any adverse legal consequences.
You can purchase on the website in the following way:
On the product page, you can select the desired quantity and then add the item to your cart by clicking the “Add to Cart” button.
Next, by clicking the “Cart” button, you can navigate to your cart, where you can review the items in it. Here, you also have the option to apply a coupon, which may entitle you to various discounts. The shipping cost will also be displayed on the cart page. By clicking the “Proceed to Checkout” button, the customer will be taken to the checkout page. Here, you will fill in your shipping and billing details, select the shipping and payment methods, check the purchase confirmations, and finalize the purchase by clicking the “Order” button.
The following shipping methods are available.
- Home delivery by courier service.
The following payment methods are available.
- Bank transfer – payment in advance
- Cash on delivery – (payment in cash upon delivery, up to a value of EUR 250, paid to the courier upon receipt of the shipment)
- Credit card – payment via the website at the time of placing the order.
Providing Shipping and Billing Information
After entering the shipping and billing information, you must accept the Privacy Policy and the Terms and Conditions.
By clicking the “ORDER” button, the order will be sent, and for card payments, you will be redirected to the Barion payment page.
Online bank card payments and other payment methods are processed through the Barion system. The merchant does not receive any bank card or payment-related details. Barion Payment Ltd., the service provider, is an institution supervised by the Hungarian National Bank, with license number: H-EN-I-1064/2013.
After the order, an automatic system message will be sent to inform you about the next steps.
In the case of advance payment, we will send a proforma invoice, and after receiving the payment, we will ship the ordered product.
An electronic invoice will be issued for the purchase, and it will be automatically sent to the buyer’s email address. The buyer has the right to request a paper-based invoice, which can be done by email at the address provided on the contact page.
Prices
Our prices are valid at the time of ordering, and they will be displayed next to the product on the order form. The prices are gross, including the 27% VAT.
Order Processing
Orders will be processed within 24 hours.
Error Correction Opportunity
You can correct any data entry errors before clicking the “ORDER” button. After the order, you can request a modification by sending an email to support@betonbooster.com, as long as the product has not yet been dispatched to the courier.
Confirmation
We send an email confirmation for every order. This means that after placing the order, you will receive an automatic email confirming the order’s receipt and, later, one about the expected delivery time. We will send another email when the package is handed over to the courier.
Payment Terms
Our store offers the possibility of bank transfer, card payment, and cash on delivery. In the case of cash on delivery, the full purchase price, including shipping costs, must be paid in cash to the courier at the time of delivery, for orders up to EUR 250,-. For orders exceeding EUR 250,- only advance payment or card payment is available.
Shipping
Shipments are handled by a courier service. The product’s delivery time will be included in the confirmation email. You can confirm the delivery time by calling the phone number found in the confirmation email.
Shipping Fees:
Delivery fees are indicated on the product page.
Right to Cancel Shipping
If the store cannot fulfill the contract due to the unavailability of the product or the inability to provide the ordered service, the store must inform the customer. The store does not enter into contracts with minors. By accepting the commercial terms, the customer declares they are an adult.
Returning the Product
The product will only be accepted for return if it is in its original condition, packaging, and in full quantity and quality. The cost of returning the product is borne by the customer. The product must be safely packaged and sent to our address via regular mail. We cannot accept shipments sent by cash on delivery.
Product return address: Complexpress Kft. 1151 Budapest, Székely Elek u. 13-15. Hungary
Ownership Reservation
The delivered goods remain the property of the seller until the full purchase price is paid.
Order Modifications or Cancellations
According to the 2001. CVIII. Act, when placing an order, the buyer immediately receives a notification from the seller’s webstore software confirming the receipt of the order. This notification is not considered an offer for a contract between the seller and the buyer. It only indicates that the system has registered and forwarded the order request to the seller’s representative.
If the buyer does not receive this notification within 48 hours, they are no longer bound by the offer.
The seller gives the customer the opportunity to cancel the order electronically before starting the fulfillment. Once fulfillment has started, the buyer will be notified via email and/or phone, and from then on, the order can only be canceled via email.
Order modifications after submission can only be made in writing via email.
Finalizing the Order (Making an Offer)
If you have confirmed that the quantity and your data are correct, you can finalize your order by clicking the “ORDER” button. The information on the website does not constitute an offer to conclude a contract. You are the offeror under the terms of the applicable General Terms and Conditions.
By pressing the “ORDER” button, you explicitly acknowledge that your offer is deemed made, and upon the seller’s confirmation, you are obligated to pay. Your offer is binding for 48 hours. If the seller does not confirm your offer within 48 hours as per these General Terms and Conditions, you will be relieved from the offer obligation.
Order Processing and Contract Conclusion
Orders are processed in two stages. You can submit an order at any time. You will first receive an automatic confirmation that your order has been registered but this is not an acceptance of the offer. If you notice any errors in the confirmation email (such as name, delivery address, phone number), you must notify us immediately via email with the correct details.
After the seller receives your offer, they will send a second confirmation email. The contract is concluded when the second confirmation email becomes accessible to you in your email system.
Payment Methods
Bank Transfer
You can pay for the products via bank transfer.
Bank transfer details: Beneficiary’s name: LEVRON Ltd. Beneficiary’s bank: OberBank Beneficiary’s account number: HU08 1840 0010 1000 0520 1019 9723 Tax number: 27396599-2-05
Bank Card Payment
You can pay quickly and securely via bank card on the website.
Online payments via card and other methods are processed through the Barion system. The merchant does not receive any details related to card payments. The service provider, Barion Payment Ltd., operates under the supervision of the Hungarian National Bank, with license number: H-EN-I-1064/2013.
Cash on Delivery
If you wish to pay when receiving the package, and the order value does not exceed EUR 250,- you can choose the “Cash on Delivery” payment option.
Shipping Methods and Fees
Courier Service
We ship to Germany, Poland, Romania, and Austria.
Personal pickup is not available.
Fulfillment Deadline
Orders are usually fulfilled within 3 working days. The general fulfillment deadline is a maximum of 30 days from the confirmation of the order. This shipping time is indicative, and any changes will be communicated via email.
Reservation of Rights, Ownership Reservation
If you previously ordered a product but did not accept the delivery (except for cases where you exercised your right of withdrawal), or if the product returned due to failure to receive, the seller may require the payment of the purchase price and shipping fees in advance before fulfilling the order.
The seller may withhold the product delivery until payment is confirmed, including cases where the buyer paid in a different currency, and due to exchange rates and bank fees, the seller does not receive the full amount.
Foreign Sales
The seller does not distinguish between customers from Hungary or other European Union countries. The applicable General Terms and Conditions apply to both Hungarian and EU-based buyers.
Contents
- Consumer Information
- Right of Withdrawal
- Warranty Rights
Information on the Consumer’s Right of Withdrawal
According to Section 8:1, Paragraph (1), Point 3 of the Civil Code, a consumer is only considered a natural person acting outside the scope of their profession, independent occupation, or business activity, and therefore legal entities cannot exercise the right of withdrawal without justification.
The consumer is entitled to the right of withdrawal without justification according to Section 20 of Government Decree 45/2014 (II. 26.). The consumer may exercise their right of withdrawal…
- a) In the case of a contract for the sale of goods:
- aa) the product,
- ab) in the case of the sale of multiple products, if the delivery of the individual products occurs at different times, the last delivered product,
Right of Withdrawal – Information for Consumers
According to Section 8:1, paragraph 1, point 3 of the Civil Code, a consumer is only considered a natural person acting outside their trade, profession, or business activity, and thus legal entities cannot exercise the right of withdrawal without justification.
Under Government Decree No. 45/2014 (II. 26.) Section 20, the consumer is entitled to withdraw from the contract without providing any justification. The consumer may exercise this right within the period starting from the date of receipt of the product by the consumer or a third party designated by the consumer, other than the carrier. The withdrawal period is 14 days.
The provisions of this section do not affect the consumer’s right to exercise the right of withdrawal during the period between the conclusion of the contract and the receipt of the product, as defined in this section.
If the consumer made the offer to conclude the contract, they are entitled to withdraw the offer before the contract is concluded, thus terminating any obligation arising from the offer.
Exercise of Withdrawal or Termination Right
The consumer may exercise their right of withdrawal as provided in Section 20 of Government Decree No. 45/2014 (II. 26.) through a clear statement or by using a withdrawal form downloadable from the website.
Validity of the Withdrawal Declaration
The withdrawal is considered to be exercised within the deadline if the consumer sends the declaration within the prescribed period. The withdrawal period is 14 days.
The consumer is responsible for proving that the right of withdrawal was exercised in accordance with this provision.
Obligations of the Seller in Case of Consumer Withdrawal
The seller’s obligation to refund
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree No. 45/2014 (II. 26.), the seller is obliged to refund the full amount paid by the consumer, including any costs related to the delivery, such as the shipping fee, within 14 days of receiving the notice of withdrawal. Please note, this does not apply to additional costs arising from choosing a delivery method other than the least expensive standard delivery.
Refund Method
Upon withdrawal or termination under Section 22 of Government Decree No. 45/2014 (II. 26.), the seller will refund the consumer using the same method of payment used by the consumer, unless the consumer expressly agrees to another method. However, no additional charges should be incurred by the consumer. The seller is not responsible for delays due to incorrect or incomplete bank account or postal address information provided by the consumer.
Additional Costs
If the consumer chooses a delivery method other than the least expensive standard delivery, the seller is not obligated to refund the additional costs incurred. The seller’s obligation to refund only applies to the standard shipping costs as stated.
Right of Retention
The seller may withhold the refund until the product has been returned or until the consumer has clearly demonstrated that it has been sent back. The earlier of the two dates will be taken into consideration. Cash-on-delivery or mail-order deliveries cannot be accepted.
Consumer Obligations in Case of Withdrawal or Termination
Returning the Product
If the consumer withdraws from the contract according to Section 22 of Government Decree No. 45/2014 (II. 26.), they are obliged to return the product without delay, but no later than 14 days from the notice of withdrawal, or to deliver it to the seller or the person authorized by the seller to receive the product. The return is considered made within the deadline if the consumer sends the product before the expiration of the 14-day period.
Costs of Returning the Product
The consumer is responsible for the cost of returning the product. The product must be returned to the seller’s address. If the consumer terminates a contract concluded off-premises or at a distance after the service has begun, they must pay a proportional fee based on the services rendered up to the point of termination.
Consumer Liability for Depreciation
The consumer is liable for any depreciation of the product resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the product.
Exceptions to the Right of Withdrawal
The seller expressly informs the consumer that the right of withdrawal cannot be exercised in cases as specified in Section 29(1) of Government Decree No. 45/2014 (II. 26.), including:
Services completed in full after the consumer’s explicit prior consent and acknowledgment that withdrawal rights will be lost after the full service is provided.
Products or services where the price fluctuates on the market and is not controlled by the seller.
Custom-made products based on the consumer’s specifications.
Perishable products.
Products sealed for health or hygiene reasons, once unsealed.
Products that, by their nature, cannot be separated from others after delivery.
Alcoholic beverages whose price depends on market fluctuations.
Warranty, Product Warranty, and Guarantee
Warranty
When can you exercise your warranty rights?
In the case of defective performance by the seller, the consumer may exercise warranty rights under the Civil Code.
What rights do you have under warranty?
The consumer may request a repair or replacement, except where it is impossible or would impose unreasonable additional costs on the seller.
Warranty Deadline
The consumer must report the defect within two months of discovering it but not later than two years after the conclusion of the contract.
Who can you exercise your warranty rights against?
Warranty claims can be made against the seller.
Used Goods
For used goods, warranty rights may vary, and consumers may only exercise warranty rights for defects that are not typical of the product’s use or age.
Product Warranty
What conditions apply to product warranty?
The consumer may choose to enforce either a warranty claim or a product warranty claim for defects in the product. Under product warranty, the consumer may only request a repair or replacement of the product.
When is the product considered defective?
A product is defective if it does not meet the quality requirements at the time it was marketed or lacks the characteristics described by the manufacturer.
Product Warranty Deadline
The consumer may exercise product warranty rights within two years of the product being put on the market.
Against whom and under what conditions can product warranty rights be enforced?
Product warranty claims can only be enforced against the manufacturer or distributor. The consumer must prove the defect when exercising their product warranty rights.
The manufacturer (distributor) is only exempt from its product warranty obligation if it can prove that:
- the product was not manufactured or put into circulation within the scope of its business activities, or
- the defect was not detectable at the time of marketing according to the state of science and technology, or
- the product defect results from the application of laws or mandatory regulatory requirements.
The manufacturer (distributor) is only exempt from its warranty obligations if it can prove that:
the product was not manufactured or put into circulation within the scope of its business activities, or
the defect was not detectable at the time of marketing according to the state of science and technology, or
the product defect results from the application of laws or mandatory regulatory requirements.
The manufacturer (distributor) only needs to prove one reason for exemption.
Please note that a warranty claim cannot be enforced in parallel with a statutory warranty claim or a product liability claim for the same defect. However, if the product liability claim is successfully enforced, the buyer can still enforce a statutory warranty claim with the manufacturer for the exchanged product or repaired part.
Warranty
When can you exercise your warranty rights?
In the case of defective performance, under Government Decree No. 151/2003 (IX. 22.), the Seller is obliged to provide a warranty for certain durable consumer goods.
The law mandates the provision of a warranty for durable consumer goods (e.g., technical products, tools, machines) and their parts, where the purchase price exceeds HUF 10,000.
What rights do you have, and what deadlines apply under the warranty?
The mandatory warranty cases are defined in Government Decree No. 151/2003 (IX. 22.). For products not covered by these cases, the Seller does not provide a warranty. Warranty claims can be enforced within the warranty period. If the party obliged to provide the warranty fails to meet its obligation within the deadline specified in the notice from the consumer, the warranty claim can still be enforced before the court within three months of the expiration of the notice period, even if the warranty period has already expired. Failure to meet this deadline results in forfeiture of the right. The rules governing the exercise of statutory warranty rights apply to warranty claims as well. The warranty period is one year. Failure to meet this deadline results in forfeiture of the right. The warranty period starts on the date the consumer receives the product or, if installation is done by the business or its representative, from the date of installation. For warranty claims exceeding one year, please contact the manufacturer.
What is the relationship between the warranty and other statutory rights?
The warranty applies alongside statutory rights (product and statutory warranties). A key difference between general statutory rights and the warranty is that the consumer has an easier burden of proof under the warranty.
Under the mandatory warranty provisions of Government Decree No. 151/2003, fixed installations and consumer goods weighing over 10 kg, or goods not transportable as hand luggage on public transport (excluding vehicles), must be repaired at the place of operation. If the repair cannot be done at the place of operation, the business or, in the case of claims directly enforced at the repair service, the repair service will handle disassembly, assembly, and transport.
The Seller’s obligations during the mandatory warranty period cannot impose terms that are less favorable than those provided by the mandatory warranty rules. After one year, however, the terms of voluntary warranties can be freely defined, but even in this case, the warranty cannot affect the consumer’s legal rights, including statutory warranty rights.
Exchange Request within Three Working Days
In the case of online sales, the right to request an exchange within three working days applies. This can be enforced for durable consumer goods covered by Government Decree No. 151/2003 (IX. 22.). If the exchange request is made within three working days, the seller must interpret this as the product being defective at the time of sale, and the product must be exchanged without further requirements.
When is the Seller exempt from its warranty obligations?
The Seller is only exempt from its warranty obligations if it can prove that the defect occurred after the performance.
Please note that a warranty claim cannot be enforced in parallel with a statutory warranty claim or a product liability claim for the same defect. However, you are entitled to warranty rights independently of statutory rights.
The deadlines for exercising the warranty and statutory rights, as stated in this Terms and Conditions, begin from the day the Buyer receives the product.