Terms of service
Terms of service
Name: Progép-Goldex Kft.Progép-Goldex Trade and Service Company Limited Liability
Registered office.
Address for correspondence: Hungary, 1154 Budapest, Népfelkelő u. 35.
Registering authority: Fővárosi Törvényszék
Company registration number: 01 09 716485
Tax number: 13054171-2-42
E-mail: info@bpfight.com
Website: https://bpfight.com/
Bank account number: 11715007-21539068-00000000
Data of the hosting company
Name: Tárhely.Eu Szolgáltató Kft.
Address: 1144 Budapest, Ormánság utca 4.
Website: tarhely.eu
Concepts
Item: goods offered for sale on the Website:
- movable goods, including water, gas and electricity in containers, cylinders or otherwise in limited quantities or of a specified capacity, as well as clothing, equipment
- movable property which incorporates or is connected to digital content or a digital service in such a way that, in the absence of the digital content or digital service concerned, the goods would not be able to fulfil their functions (hereinafter referred to as goods containing digital elements)
Goods incorporating digital elements: movable property that incorporates or is connected to digital content or a digital service in such a way that, in the absence of the digital content or digital service concerned, the goods would not be able to fulfil their functions
Digital content: data produced or supplied in digital form
Parties: Seller and Buyer jointly
Consumer: a natural person acting for purposes other than his/her own occupation and economic activity, who buys, orders, receives, uses, makes use of or is the addressee of a commercial communication or offer in relation to Goods. For the purposes of the rules applicable to the conciliation body - with the exception of the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC - a consumer is, in addition to the above, a civil organisation, a religious legal person, a condominium, a housing association acting for purposes outside its independent occupation and economic activity, which buys, orders, receives, uses, makes use of or is the addressee of commercial communications or offers relating to goods. For the purposes of Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 concerning action against unjustified territorial restrictions based on the nationality, residence or domicile of the buyer and other forms of discrimination based on content and other grounds of discrimination in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC ('Regulation (EU) 2018/302'), a consumer is, in addition to the above, an undertaking which is a buyer within the meaning of Regulation (EU) 2018/302
Consumer contract: a contract to which one of the parties is a consumer
Functionality: the ability of a good, digital content or digital service containing digital elements to perform the functions for which it is intended
Manufacturer: the producer of the Goods, or, in the case of imported Goods, the importer who imports the Goods into the European Union, and any person who, by affixing his name, trade mark or other distinguishing mark to the Goods, claims to be the manufacturer
Interoperability: the ability of a good, digital content or digital service that contains digital elements to interoperate with hardware and software that is different from that with which goods, digital content or digital services of the same type are commonly used
Compatibility: the ability of a good, digital content or digital service containing digital elements to interoperate, without the need for modification, with hardware or software with which the same type of good, digital content or digital service is commonly used
Website: the present website which is used for the conclusion of the contract
Contract: a contract of sale between the Seller and the Buyer using the Website and electronic mail
Durable medium: any device which enables the consumer or the business to store data addressed personally to him in a way that is accessible in the future, for an appropriate period of time for the purposes for which the data were intended and to display the stored data in an unaltered form
Device for remote peer-to-peer communication: a device which enables the parties to make a contractual statement in their absence in order to conclude a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in the press with order forms, catalogues, telephones, faxes and Internet access
'Distance contract' means a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only to conclude the contract
Undertaking: a person acting in the course of his trade, profession, self-employed occupation or business
Buyer(s): the person who enters into a contract by submitting a purchase offer via the Website
Standstill: in the case of contracts concluded between a consumer and a business (hereinafter referred to as "consumer contract"), in accordance with the Civil Code,
- a guarantee for the performance of the contract, which the business voluntarily assumes for the proper performance of the contract, in addition to its legal obligation or in the absence thereof, and
- a statutory mandatory guarantee
Purchase Price: the consideration payable for the Goods and for the supply of digital content.
Relevant legislation
The Contract shall be governed by the provisions of Hungarian law, and in particular by the following laws:
- Act CLV of 1997 on Consumer Protection
- Act CVIII of 2001 on certain aspects of electronic commerce services and information society services
- Act V of 2013 on the Civil Code
- Government Decree No 151/2003 (22.IX.2003) on the mandatory warranty for consumer durables
- Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses
- 19/2014 (IV.29.) NGM Decree on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business
- Act LXXVI of 1999 on Copyright
- Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information
- REGULATION (EU) No 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on combating unjustified territorial restrictions and other forms of discrimination based on the nationality, residence or domicile of the purchaser in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
- REGULATION (EU) No 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation)
- Government Decree No 373/2021 (VI. 30.) on the detailed rules for contracts between consumers and businesses for the sale of goods and the supply of digital content and services
Scope and adoption of the GTC
The content of the contract concluded between us is determined by these General Terms and Conditions (hereinafter referred to as "GTC"), in addition to the provisions of the applicable mandatory legislation. Accordingly, these General Terms and Conditions contain the rights and obligations of you and us, the conditions under which the contract is concluded, the time limits for performance, the delivery and payment terms, the liability rules and the conditions for exercising the right of withdrawal.
The technical information necessary for the use of the Website, which is not contained in these GTC, is provided by other information available on the Website.
You must read these GTC before finalising your order.
Language of the contract, form of contract
The language of the contracts covered by these GTC is Hungarian.
Contracts covered by these GTC are not written contracts and are not registered by the Seller.
E-invoice
Our Company uses electronic invoices pursuant to Article 175 of Act CXXVII of 2007. By accepting these GTC, you agree to the use of electronic invoicing.
Prices
Prices are in HUF and include VAT at 27%. The possibility of the Seller changing the prices for commercial policy reasons cannot be excluded. Changes to prices do not apply to contracts already concluded. If the Seller has indicated the price incorrectly and an order has been received by the Seller but no contract has yet been concluded between the parties, the Seller shall act in accordance with the "Procedure for incorrect price" clause of the GTC.
Procedure in case of incorrect price
The price is considered to be obviously incorrect:
- A price of HUF 0,
- A price reduced by a discount, but incorrectly indicating the discount (e.g.: a price of HUF 1,000 for a Goods offered for HUF 500 with a 20% discount indicated).
In case of incorrect indication of the price, the Seller offers the possibility to buy the Goods at the real price, in the knowledge of which the Customer may decide to order the Goods at the real price or to cancel the order without any adverse legal consequences.
Complaints and redress procedures
The consumer may lodge a warranty claim or a complaint about the conduct, activity or omission of the Seller in relation to the Goods using the following contact details and methods:
- In writing via the following website: https://bpfight.com/
- By writing to the following email address: info@bpfight.com
- In writing by post to Hungary, 1154 Budapest, Népfelkelő u. 35.
The consumer may communicate to the business, orally or in writing, a complaint about the conduct, activity or omission of the business or of a person acting in the business's interest or on the business's behalf directly related to the marketing or sale of goods to consumers.
The business must investigate the oral complaint promptly and remedy it as necessary. If the consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the undertaking must immediately take a record of the complaint and its position on it and, in the case of a face-to-face oral complaint, give a copy of the record to the consumer on the spot. In the case of an oral complaint communicated by telephone or other electronic communications service, the consumer shall be provided with the substantive reply within 30 days at the latest, in accordance with the provisions applicable to the reply to the written complaint. In other respects, the consumer shall act on the written complaint as follows.
Unless otherwise provided for in a directly applicable legal act of the European Union, the undertaking must reply to the written complaint in writing within 30 days of receipt of the written complaint in a manner that can be justified on the merits and take steps to communicate it. If the complaint is rejected, the undertaking must inform the consumer in writing of the authority or conciliation body to which the complaint may be submitted, according to its nature. The information must also include the location, telephone and Internet contact details and the postal address of the competent authority or conciliation body in the place where the consumer resides or is staying. The information shall also include whether the undertaking has made a general declaration of acceptance of the conciliation panel's decision.
In the event that any consumer dispute between the seller and the consumer is not settled during the negotiations, the following means of redress are available to the consumer:
Consumer protection procedure
Complaints can be lodged with the consumer protection authorities. If the consumer perceives a violation of his/her consumer rights, he/she has the right to lodge a complaint with the consumer protection authority in his/her place of residence. Once the complaint has been examined, the authority will decide whether to take consumer protection proceedings. The first level consumer protection authorities are the government offices of the capital and county of the consumer's place of residence, a list of which can be found at: http://www.kormanyhivatalok.hu/
Court proceedings
The customer has the right to enforce his/her claim arising from a consumer dispute before a court in civil proceedings under Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
Conciliation Board procedure
If your consumer complaint is rejected, you have the right to apply to the Conciliation Body of your place of residence or the place where you live or the one you have indicated in your application. To start the conciliation procedure, the consumer must try to resolve the dispute directly with the business concerned.
Unless the consumer requests a personal hearing, the conciliation panel will hold the hearing online, without the consumer being present in person, by means of an electronic device which can transmit both sound and images simultaneously (hereinafter "online hearing").
The company has a duty to cooperate in the conciliation procedure, and in this context we are obliged to send our reply to the conciliation body within the deadline set by the conciliation body. With the exception of the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the undertaking must ensure the participation of a person authorised to negotiate a settlement at the hearing. The representative of the undertaking authorised to conclude a settlement must attend the online hearing online. If the consumer requests a personal interview, the representative of the undertaking authorised to negotiate a settlement must attend the interview at least online.
More information on the Conciliation Boards is available at: https://www.bekeltetes.hu
Contact details for each regional Conciliation Board:
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Budapest Conciliation Board
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Baranya County Conciliation Board
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Borsod-Abaúj-Zemplén County Arbitration Board
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Csongrád-Csanád County Conciliation Board
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Fejér County Conciliation Board
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Győr-Moson-Sopron County Conciliation Board
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Hajdú-Bihar County Arbitration Board
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Pest County Arbitration Board
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Conciliation Body procedure for persons who are not consumers
According to the Consumer Protection Act, a consumer is a civil organisation, religious legal person, condominium, housing cooperative acting in the interest of purposes outside its own occupation and economic activity, which buys, orders, receives, uses, makes use of or is the recipient of commercial communication or offer of goods.
The Conciliation Board is entitled to verify and investigate the existence of consumer quality. The rules of the procedure are governed by the rules written under the Conciliation Board.
Online dispute resolution platform
The European Commission has set up a website where consumers can register to settle their online shopping disputes by filling in an application form and avoiding the court procedure . This will allow consumers to enforce their rights without, for example, being prevented by distance.
If you have a complaint about a good or service you bought online and do not necessarily want to go to court, you can use the online dispute resolution tool.
On the portal, you and the trader you have complained against can jointly choose the dispute resolution body you want to deal with your complaint.
The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Copyright
Pursuant to Article 1(1) of Act LXXVI of 1999 on Copyright (hereinafter referred to as "the Copyright Act"), the website is a copyright work and all parts of it are protected by copyright. The Copyright Act (Szjt. Pursuant to Article 16 (1) of the Copyright Act, the unauthorised use of the graphics, software, computer programs or any other application that may be used to modify the website or any part thereof is prohibited. Any material from the website and its database may be reproduced, even with the written consent of the copyright holder, only with reference to the website and with acknowledgement of the source. Progep-Goldex Ltd.
Partial invalidity, code of conduct
If any provision of the GTC is legally invalid or ineffective, the remaining provisions of the contract shall remain in force and the provisions of the applicable law shall apply in place of the invalid or defective provision.
The Seller does not have a code of conduct under the Unfair Commercial Practices Act.
Information on the functioning of goods containing digital elements and the applicable technical protection measure
The availability of the servers providing the data displayed on the website is above 99.9% per year. All data content is backed up regularly so that the original data content can be restored in the event of a problem. The data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data is stored using encryption of appropriate strength and encrypted using hardware support built into the processor.
Information on the essential characteristics of the Goods
On the Website, information about the essential characteristics of the Goods available for purchase is provided in the descriptions for each Good.
Correction of data entry errors - Responsibility for the accuracy of the data provided
You will always have the opportunity to correct the data you have entered during the ordering process before finalising the order (clicking on the back button in the browser will open the previous page, so you can correct the data you have entered even if you have already gone to the next page). Please note that it is your responsibility to ensure that the data you have entered is accurate, as the Goods will be invoiced and delivered on the basis of the data you have provided. Please note that an incorrectly entered e-mail address or a saturated mailbox storage space may result in non-delivery of the confirmation and prevent the conclusion of the contract. If the Customer has finalised his/her order and discovers an error in the data provided, he/she must initiate the modification of his/her order as soon as possible. The Customer may notify the Seller of the modification of an incorrect order by sending an e-mail from the e-mail address provided at the time of ordering or by calling the Seller.
Using the website
Purchasing does not require registration.
The website provides product demonstration and online ordering facilities for Users. Users can browse through the website by using the menus. The products are sorted by category. The category "Special offers" contains all the products available in the store.
The New Products section contains the new products that are added to the website. Click on the category name to see the list of products installed in it. If all the products in a given category do not fit on one page, scrolling to the bottom of the page will automatically load the products on the next page. From the product list, the detailed product page can be accessed by clicking on the product name, where you can find detailed information about the features and price of the product you wish to order.
On the website you can search for products by keyword. Product results matching the search criteria are displayed in a list like the categories.
The selected product can be added to the shopping basket by clicking on the Add to basket button, and the required number of items can be set next to the button. The user can check the contents of the basket by selecting the basket menu item. Here you can change the quantity of the product you want to order or delete the item. It is also possible to empty the basket completely by clicking on the Empty basket button .
The User can continue the purchase process by clicking on the Order button. As a second step, it is possible to log in, register or purchase without registration. In case of registration and unregistered purchase, the User is required to provide the following information: e-mail address, name, telephone number, billing address and, if different, delivery address. To register, in addition to the above information, a password is required. The User will be informed of successful registration by e-mail and on the website. The User may request the cancellation of his/her registration by e-mail to the Service Provider, in which case he/she will have to re-register for a new purchase.
The User is responsible for keeping the access data confidential. The User shall be responsible for updating his/her data and shall notify the Service Provider if he/she becomes aware that his/her data has been misused by a third party. In the event of a forgotten password, a new password can be requested on the website to the registered e-mail address. If the User has previously registered on the Website, the order process can be continued by entering his/her e-mail address and password.
The next step in the ordering process is for the User to choose the payment and delivery method that suits him/her. A summary page allows the User to check all the details previously provided and the products and quantities he wishes to order. In case of data entry errors, the user can correct the data entered by clicking on the pencil icon.
If everything is correct, you can finalise your order by clicking on the Submit Order button. You will receive confirmation of this on the website or by e-mail. If, after the order has been confirmed (e.g. in the confirmation e-mail), you find any incorrect information, you must notify the Service Provider immediately, but within 24 hours at the latest. Regardless of the ordering intention, the User can log in via the Customer Login window or the Login menu item. After logging in, a Change Data menu will appear, where you can change the data you entered during registration, as well as track the details and status of your order.
Finalise the order (offer)
If you are satisfied that the contents of your shopping cart correspond to the Goods you wish to order and that your details are correct, you can complete your order by clicking on the "Place Order" button. The information provided on the website does not constitute an offer by the Seller to enter into a contract . For orders covered by these GTC, you are considered to be the Bidder.
By clicking on the "Place Order" button, you expressly acknowledge that your offer shall be deemed to have been made and that your declaration shall, in the event of confirmation by the Seller in accordance with these GTC, entail an obligation to pay. The Seller shall confirm the receipt of your order to the Buyer by electronic means without delay. If this confirmation is not received by the Buyer within a reasonable period of time, depending on the nature of the service, but no later than 48 hours after the Buyer's order has been sent, the Buyer shall be released from the obligation to make an offer or contractual obligation.
Processing of the order, conclusion of the contract
You may place an order at any time. The Seller will confirm your offer by e-mail no later than 48 hours after sending your offer. The contract is concluded when the confirmation email sent by the Seller becomes available to you in your mail system.
Procedure in the case of packages not taken over
If the Buyer does not take delivery of the Goods ordered and delivered and does not notify the Seller of his intention to withdraw from the contract within 14 days without giving the reasons provided for by law, he is in breach of his contract with the Seller, under which he is obliged to take delivery of the Goods and thereby accept the Seller's performance. In this case, the Seller will attempt to re-deliver the Goods, provided that this can be agreed with the Buyer, but may make re-delivery subject to payment of a delivery charge. If the re-delivery fails or cannot be agreed with the Buyer because the Buyer refuses to cooperate, the Seller shall be entitled to terminate the contract with the Buyer with immediate effect for breach of contract and to claim the costs of the failed delivery and return as a penalty from the Buyer. If the Buyer has paid in advance, the price of the goods shall be refunded to him, less the delivery charge.
The parties agree to the use of email as a form of communication used by the Customer at the time of ordering to terminate the contract and stipulate that the date of the notice of termination is the date on which the termination letter becomes available in the Customer's email account.
Payment methods
Online credit card payment - Stripe
Online payment by credit card is possible through the system of Stripe Payments Europe Limited C/O A&L Goodbody (hereinafter referred to as "Stripe", Address: Ifsc, North Wall Quay Dublin 1., Dublin 1,Dublin Website: www.stripe.com; E-mail:info@stripe.com ). Stripe's terms and conditions and privacy statement are permanently available at https://stripe.com/gb/privacyweboldalon. When paying by credit card, the Customer will be redirected to Stripe's payment page, so that payment is made directly to the Stripe site, which operates in accordance with the rules and security standards of international card companies. The details of the Customer's card or the underlying account, its number and expiry date are not transmitted in any form.
Data
Name: Stripe Payments Europe, Limited
Registered office,
Ifsc, North Wall Quay Dublin 1.,
Dublin 1,Dublin
Website: www.stripe.com
E-mail: info@stripe.com
Bank transfer (advance payment)
You can pay for products by bank transfer.
Methods of payment, fees
Payment by bank transfer (cash on delivery)
Home delivery: 2.990 Ft
Free delivery: over 50.000 Ft
Personal delivery: Free of charge
Delivery abroad: according to individual rates
Delivery deadline: by courier
The general delivery time for orders is 30 days from the date of order confirmation. In the event of delay on the part of the Seller, the Buyer is entitled to set a grace period. If the Seller does not perform within the grace period, the Buyer shall be entitled to withdraw from the contract.
Reservation of rights, reservation of title
If you have previously ordered Goods without having taken delivery of them at the time of delivery (not including where you have exercised your right of withdrawal) or if the Goods have been returned to the Seller without a sign that you have not sought them, the Seller will make performance of the order conditional upon payment in advance of the purchase price and delivery costs.
The Seller may withhold delivery of the Goods until it is satisfied that payment of the price of the Goods has been successfully made using the electronic payment solution (including where, in the case of Goods paid for by bank transfer, the Buyer transfers the purchase price in the currency of the Member State in which the Goods are sold and the Seller does not receive the full amount of the purchase price and delivery charges due to the conversion and bank commissions and charges). If the price of the Goods has not been paid in full, the Seller may request the Buyer to supplement the purchase price.
Sales abroad
The Seller does not distinguish between Buyers within the territory of Hungary and Buyers outside the territory of the European Union when using the Website. Unless otherwise provided for in these GTC, the Seller shall ensure the delivery/pick-up of the ordered Goods in Hungary.
The provisions of these GTC shall also apply to purchases made outside Hungary, with the proviso that, for the purposes of this clause, a consumer shall be deemed to be a buyer under the provisions of the relevant Regulation if he is a national of a Member State or a resident of a Member State, or an undertaking established in a Member State and purchasing goods or services within the European Union solely for the purpose of end use or acting with such intent. A consumer is a natural person who is acting for purposes which are outside his trade, business, craft or profession.
The language of communication and purchase is primarily Hungarian, the Seller is not obliged to communicate with the Buyer in the language of the Buyer's Member State.
The Seller shall not be obliged to comply with any non-contractual requirements, such as labelling or sector-specific requirements, laid down in the national law of the Member State of the Buyer in relation to the Goods concerned, or to inform the Buyer of such requirements.
Unless otherwise provided, the Seller shall apply Hungarian VAT to all Goods.
The Buyer may exercise its enforcement rights under these GTC.
In the case of electronic payment, payment shall be made in the currency specified by the Seller,
The Seller may withhold delivery of the Goods until it is satisfied that the price of the Goods and the delivery charge have been successfully and fully paid using the electronic payment solution (including where, in the case of Goods paid for by bank transfer, the Buyer transfers the purchase price (delivery charge) in the currency of the Member State in which the goods are paid and the Seller does not receive the full amount of the purchase price due to the conversion and bank commissions and charges). If the price of the Goods has not been paid in full, the Seller may request the Buyer to supplement the purchase price.
In order to deliver the Goods, the Seller shall provide the same delivery facilities as those available to Hungarian Buyers to non-Hungarian Buyers.
If the Buyer may request delivery of the Goods to Hungary or any other Member State of the European Union in accordance with the GTC, the non-Hungarian Buyer may also request delivery by any of the means of delivery indicated in the GTC.
If the Buyer may choose to collect the Goods personally from the Seller in accordance with the GTC, the non-Hungarian Buyer may also do so.
Otherwise, the Buyer may request to have the Goods delivered abroad at his own expense. A Hungarian Buyer does not have this right.
The Seller shall fulfil the order after payment of the delivery charge, if the Buyer fails to pay the delivery charge to the Seller or does not arrange his own delivery by the date agreed in advance, the Seller shall terminate the contract and refund the purchase price paid in advance to the Buyer.
Consumer information
Information on the consumer's right of withdrawal
The consumer has the right of withdrawal under the Civil Code. According to Article 8:1, paragraph 1, point 3, only natural persons acting outside the scope of their profession, self-employment or business activity are considered to be consumers, so legal persons may not exercise the right of withdrawal without giving reasons!
The consumer has the right to withdraw without giving reasons according to Article 20 of Government Decree 45/2014 (26.II.). The consumer may exercise his right of withdrawal
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a) In the case of a contract for the sale of goods
aa) to the Goods,
ab) in the case of the sale of several Goods, if the delivery of each Good is made at a different time, to the Goods last delivered,
or by a third person other than the carrier and indicated by the consumer, which period shall be 14 calendar days.
Nothing in this point shall affect the consumer's right to exercise his right of withdrawal under this point during the period between the date of conclusion of the contract and the date of receipt of the goods.
Where the consumer has made an offer to conclude the contract, the consumer shall have the right to withdraw the offer before the conclusion of the contract, which shall terminate the obligation to make an offer to conclude the contract.
Withdrawal notice, exercise of the consumer's right of withdrawal or termination
The consumer may exercise the right provided for in Article 20 of Government Decree No. 45/2014 (26.II.) by means of an express declaration to that effect.
Validity of the consumer's declaration of withdrawal
The right of withdrawal shall be deemed to have been exercised within the time limit if the consumer sends his declaration within the time limit.
In the case of written withdrawal or termination, it is sufficient to send the statement of withdrawal or termination within the time limit.
The burden of proof that the consumer has exercised his right of withdrawal in accordance with this provision shall lie with the consumer.
The Seller shall acknowledge the consumer's withdrawal on an electronic medium upon receipt.
Obligations of the seller in the event of withdrawal by the consumer
Obligation of the seller to refund
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (26.II.), the Seller shall reimburse the total amount paid by the consumer as consideration, including the costs incurred in connection with the performance, including the delivery charges, within fourteen days of becoming aware of the withdrawal at the latest. Please note that this provision does not apply to additional costs caused by the choice of a mode of transport other than the least costly usual mode of transport.
Method of reimbursement by the Seller
In the event of withdrawal or termination in accordance with Article 22 of Government Decree 45/2014 (26.II.), the Seller shall reimburse the amount refunded to the consumer in the same way as the consumer used the payment method. Subject to the express consent of the consumer, the Seller may use another method of payment for the refund, but the consumer shall not be charged any additional fee as a result. The Seller shall not be liable for any delay due to the incorrect and/or inaccurate bank account number or postal address provided by the Consumer.
Additional charges
If the Consumer expressly chooses a mode of transport other than the least costly usual mode of transport, the Seller shall not be obliged to reimburse the additional costs resulting therefrom. In such a case, we shall be obliged to reimburse up to the amount of the standard delivery charges indicated.
Right of retention
The Seller may withhold any amount due to the consumer until the consumer has returned the Goods or has proved beyond reasonable doubt that he has returned them, whichever is the earlier. We are not able to accept consignments sent by cash on delivery or by post.
In the event of withdrawal or termination of the consumer's obligations
Return of the Goods
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (26.II.), the consumer is obliged to return the Goods immediately, but no later than fourteen days from the date of the withdrawal, or to hand them over to the Seller or to a person authorised by the Seller to take delivery of the Goods. The return shall be deemed to have been effected in time if the consumer returns the goods before the expiry of the time limit.
Direct costs of returning the goods
The consumer bears the direct costs of returning the goods. The Goods must be returned to the Seller's address. If the consumer terminates an off-premises or distance contract for the provision of a service after the performance has begun, he must pay the trader a fee proportionate to the service provided up to the time of the notice of termination. The amount to be paid by the consumer pro rata shall be determined on the basis of the total amount of the consideration laid down in the contract plus tax. If the consumer proves that the total amount so determined is excessive, the proportional amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract . Please note that we are not able to accept goods returned by cash on delivery or postage paid.
Consumer's liability for depreciation
The consumer is liable for the depreciation of the Goods resulting from use beyond the use necessary to establish the nature, characteristics and functioning of the Goods.
If the right of withdrawal cannot be exercised or can only be exercised subject to conditions under the applicable legislation, the Consumer shall not be entitled to use the goods for trial purposes.
The right of withdrawal may not be exercised in the following cases
The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal in the cases provided for in Article 29 (1) of Government Decree 45/2014 (II.26.):
- after the service has been fully performed, however, if the contract imposes a payment obligation on the consumer, this exception can only be invoked if the performance has begun with the express prior consent of the consumer and the consumer's knowledge that he will lose his right of withdrawal once the business has fully performed the contract;
- for goods or services whose price or price is subject to fluctuations in the financial market which are beyond the control of the trader and which are possible even during the period laid down for exercising the right of withdrawal;
- for goods which are not prefabricated, which have been produced on the instructions of the consumer or at his express request, or for goods which are clearly personalised for the consumer;
- for perishable goods or goods which retain their quality for a short period;
- for goods in sealed packages which, for health or hygiene reasons, cannot be returned after opening after delivery;
- Goods which, by their nature, are inseparably mixed with other Goods after delivery;
- an alcoholic beverage the real value of which is subject to market fluctuations beyond the control of the undertaking and the price of which was agreed between the parties at the time of conclusion of the contract of sale but the contract is to be performed only after the 30th day following the date of conclusion;
- in the case of a contract for a service where the undertaking, at the express request of the consumer, visits the consumer in order to carry out urgent repair or maintenance work;
- the sale of a copy of a sound or video recording or computer software in sealed packaging, if the consumer has opened the packaging after delivery;
- for newspapers, periodicals and periodicals, with the exception of subscription contracts;
- contracts concluded at public auction;
- a contract for the provision of accommodation, transport, the hiring of a private car, catering or services related to leisure activities, other than for the provision of housing, where the contract has a fixed deadline or period for performance;
- in the case of digital content supplied on a non-tangible medium, where the seller has begun performance with the consumer's express prior consent and the consumer has, at the same time as giving that consent, acknowledged that he will lose his right of withdrawal once performance has begun and the undertaking has sent the consumer a confirmation.
Information on product warranties and guarantees of conformity for consumer contracts
This section of the consumer information notice has been prepared on the basis of the authorisation of Article 11(5) of Government Decree 45/2014 (II.26.), in accordance with Annex 3 of Government Decree 45/2014 (II.26.)
The Consumer Information Notice applies only to Customers who are consumers, the rules applicable to Customers who are not consumers are set out in a separate chapter.
Contractual performance requirements for consumer contracts
Contractual performance requirements for goods sold under a consumer contract in general and goods containing a digital element
The goods and the performance must comply with the requirements of Government Decree 373/2021 (30.VI.2021) at the time of performance.
In order for the performance to be deemed to be in conformity with the contract, the Goods subject to the contract must
- must comply with the description, quantity, quality, type and have the functionality, compatibility, interoperability and other characteristics specified in the contract
- it must be fit for any purpose specified by the consumer and brought to the seller's attention by the consumer at the latest at the time of the conclusion of the contract and accepted by the seller
- have all the accessories, instructions for use, including installation instructions, installation instructions and customer support as specified in the contract, and
- provide the updates specified in the contract.
In order to be deemed to be in conformity with the contract, the Goods covered by the contract must
- be suitable for the purposes for which the applicable code of conduct, in the absence of a legal provision, technical standard or technical standard, requires the Goods to be used for the same type of Goods
- it must have the quantity, quality, performance and other characteristics, in particular in terms of functionality, compatibility, availability, continuity and safety, which the Consumer could reasonably expect, as is normal for Goods of the same type, taking into account any public statement, in particular in an advertisement or on a label, by the Seller, his representative or any other person in the supply chain, concerning the specific characteristics of the Goods
- have the accessories and instructions, including packaging and instructions for installation, which the consumer could reasonably expect, and
- it must correspond to the characteristics and description of the Goods presented by the undertaking as samples, models or trial versions prior to the conclusion of the contract.
The Goods need not conform to the above public statement if the Seller proves that
- did not know and had no reason to know of the public statement
- the public statement has been duly corrected by the time of the conclusion of the contract, or
- the public statement could not have influenced the decision of the person entitled to conclude the contract.
Defective performance of a contract for the sale of goods
The seller is in defective performance if the defect in the goods results from their improper installation, provided that
(a) the installation forms part of the contract of sale and was carried out by the seller or under the seller's responsibility; or
(b) the installation was to be carried out by the consumer and the incorrect installation is the result of defects in the installation instructions provided by the seller or, in the case of goods containing digital elements, by the provider of digital content or digital services.
If the contract of sale provides that the goods are to be installed by the seller or installed under the seller's responsibility, performance is deemed to be completed by the seller when the installation is completed.
Where, in the case of goods incorporating digital elements, the contract of sale provides for the continuous supply of digital content or digital services for a specified period, the seller is liable for a defect in the goods in relation to the digital content if, in the case of continuous supply for a period not exceeding two years, the defect occurs or becomes apparent within two years of the completion of the goods.
Contractual performance requirements for goods containing digital elements sold under a consumer contract
For goods containing digital elements, the seller must ensure that the consumer is notified of and receives any updates to the digital content of the goods or to the digital service relating to the goods, including security updates, which are necessary to keep the goods in conformity with the contract.
The seller must make the update available if the contract of sale
- provides for a one-off supply of digital content or a digital service, the type and purpose of the goods and digital elements and the specific circumstances and the nature of the contract are such as the consumer could reasonably expect; or
- the digital content provides for a continuous supply over a specified period, it must be provided for a period of two years from the date of supply of the goods in the case of a continuous supply of less than two years.
If the consumer fails to install the updates provided within a reasonable time, the seller shall not be liable for the defect in the goods if it is solely due to the failure to apply the relevant update, provided that
(a) the seller has informed the consumer of the availability of the update and the consequences of the consumer's failure to install it; and
(b) the failure of the consumer to install the update or the incorrect installation of the update by the consumer is not due to a lack of installation instructions provided by the Seller.
Defective performance shall not be established if, at the time of the conclusion of the contract, the consumer was specifically informed that a particular characteristic of the goods differed from that described herein and the consumer, at the time of the conclusion of the sales contract, specifically and expressly accepted this difference.
Contractual performance requirements for the sale of digital content sold under a consumer contract
The digital content is supplied or provided by the seller to the consumer. Unless otherwise agreed by the parties, the seller shall provide the digital content to the consumer without undue delay after the conclusion of the contract, in the latest version available at the time of conclusion of the contract.
The service shall be deemed to be completed when the digital content or any solution for accessing or downloading it has been delivered to the consumer or to the physical or virtual device chosen by the consumer for that purpose.
The seller must ensure that the consumer is notified of and receives any updates to the digital content, including security updates, that are necessary to keep the digital content or digital service in conformity with the contract.
Where the contract provides for the supply of digital content on a continuous basis for a specified period of time, the conformity of the digital content with the contract must be ensured throughout the duration of the contract.
If the consumer fails to install within a reasonable time the updates provided by the Seller, the Seller shall not be liable for the failure of the service if it is solely due to the failure to apply the relevant update, provided that
- the Seller has informed the consumer of the availability of the update and the consequences of the consumer's failure to install it; and
- the failure of the consumer to install the update or the incorrect installation of the update by the consumer is not due to a lack of installation instructions provided by the Seller.
No lack of conformity shall be established if, at the time of the conclusion of the contract, the consumer was specifically informed that a particular characteristic of the digital content differs from the requirements set out herein and the consumer specifically and expressly accepted this difference at the time of the conclusion of the contract.
The Seller shall be deemed to have failed to perform where the failure of the digital content service is due to the consumer's improper integration into his digital environment, provided that
- the integration of the digital content was carried out by the Seller or under the Seller's responsibility; or
- the digital content is to be integrated by the consumer and the unprofessional integration was caused by deficiencies in the integration instructions provided by the Seller.
Where the contract provides for the continuous supply of digital content or digital services for a specified period, the seller is liable for any defect in the digital content if the defect occurs or becomes apparent during the period specified in the contract.
If the contract provides for a single service or a series of individual acts of service, it must be presumed, unless the contrary is proved, that the lack of conformity which was discovered by the consumer within one year of the date of performance already existed at the time of performance. However, the seller shall not be deemed to have failed to perform if he proves that the consumer's digital environment is not compatible with the technical requirements of the digital content or digital service and he has informed the consumer of this in a clear and comprehensible manner prior to the conclusion of the contract.
The consumer must cooperate with the seller to enable the seller to ascertain that the cause of the lack of conformity is the consumer's digital environment, using the means technically available to the consumer and requiring the least intervention by the consumer. If the consumer fails to comply with this obligation to cooperate, after having been clearly and intelligibly informed of this obligation by the seller prior to the conclusion of the contract, the burden of proof shall be on the consumer to prove that
- the defect was discovered within one year of performance and was already present at the time of performance, or
- the service affected by the defect discovered during the contractual period was not in conformity with the contract during the period of contractual performance.
Warranty for accessories
In what circumstances can you exercise your right to a warranty of conformity?
In the event of defective performance by the Seller, you may claim a warranty of conformity from the Seller in accordance with the Civil Code and, in the case of consumer contracts, in accordance with the provisions of Government Decree 373/2021 (30.6.2011).
What rights do you have under a warranty claim?
You may, at your option, make the following claims:
You can ask for repair or replacement, unless the claim you choose is impossible or would involve disproportionate additional costs for the Seller compared to any other claim. If you have not requested or could not request the repair or replacement, you may request a proportionate reduction in the price or, as a last resort, withdraw from the contract.
You may transfer your right to a different warranty, but you will bear the cost of the transfer, unless it was justified or the Seller gave a reason for it.
In the case of a consumer contract, it must be presumed, unless the contrary is proved, that the defect in the goods and the goods incorporating digital components, discovered within one year of the date of performance of the contract, existed at the time of performance of the goods, unless this presumption is incompatible with the nature of the goods or the nature of the defect.
In the case of second-hand Goods, the warranty and guarantee rights shall, in principle, be different from the general rules. In the case of second-hand Goods, defective performance may also be presumed, but account must be taken of the circumstances which led the Buyer to expect the occurrence of certain defects. As a result of ageing, the occurrence of certain defects becomes more frequent and it cannot be assumed that a second-hand Goods can be of the same quality as newly purchased Goods. Accordingly, the Buyer may only assert his warranty rights in respect of defects which are in addition to and independent of those resulting from use. If the used Goods are defective and the Customer, being the Consumer, was informed of this at the time of purchase, the Supplier shall not be liable for the known defect.
The Seller may refuse to bring the Goods into conformity with the contract if repair or replacement is impossible or would result in disproportionate additional costs for the Seller, taking into account all the circumstances, including the value of the Goods in their original condition and the seriousness of the breach of contract.
The consumer shall also be entitled to claim a proportionate reduction of the consideration or to terminate the sales contract, according to the seriousness of the lack of conformity, if
- the seller has not carried out the repair or replacement, or has carried it out but has failed to comply, in whole or in part, with the following conditions
- the Seller must ensure the return of the replaced goods at his own expense
- if the repair or replacement requires the removal of goods which were put into service in accordance with the nature and purpose of the goods before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the putting into service of the goods supplied as a replacement or repaired goods or the bearing of the costs of removal or putting into service.
- refused to make the goods conform to the contract
- there has been a repeated failure of performance despite the Seller's attempts to bring the goods into conformity with the contract
- the defect is of such a serious nature as to justify immediate price reduction or immediate termination of the contract of sale, or
- the seller has not undertaken to bring the goods into conformity or it is clear from the circumstances that the undertaking will not bring the goods into conformity within a reasonable time or without significant detriment to the consumer.
If the consumer wishes to terminate the sales contract on the ground of lack of conformity, the burden of proving that the lack of conformity is insignificant shall be on the seller.
The Consumer is entitled to retain the remaining part of the purchase price, in whole or in part, in proportion to the seriousness of the lack of conformity, until the Seller has fulfilled his obligations regarding the conformity of the performance and the lack of conformity.
The general rule is that:
- the Seller must ensure the return of the replaced goods at his own expense
- if the repair or replacement requires the removal of goods which were put into service in accordance with the nature and purpose of the goods before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the putting into service of the goods supplied as a replacement or repaired goods or the bearing of the costs of removal or putting into service.
The reasonable time limit for the repair or replacement of the goods shall be calculated from the date on which the Consumer has notified the business of the defect.
The consumer must place the goods at the disposal of the undertaking in order for the repair or replacement to be carried out.
The reduction of the consideration shall be proportionate if it is equal to the difference between the value of the goods to which the consumer is entitled in the case of performance of the contract and the value of the goods actually received by the consumer.
The Consumer's right to claim the termination of the contract of sale may be exercised by means of a declaration addressed to the Seller expressing the decision to terminate.
If the defective performance affects only a specified part of the goods supplied under the sales contract and the conditions for exercising the right to terminate the contract are fulfilled in respect of those goods, the Consumer may terminate the sales contract only in respect of the defective goods, but may also terminate it in respect of any other goods acquired with them if the Consumer cannot reasonably be expected to keep only the goods which conform with the contract.
If the Consumer terminates the contract of sale in whole or in respect of part of the goods supplied under the contract of sale, the Consumer shall
- the Consumer must return the goods concerned to the Seller at the Seller's expense; and
- the Seller must reimburse the Consumer for the purchase price paid for the goods concerned as soon as he has received the goods or the certificate of return of the goods.
What is the time limit for you to claim a warranty?
You must report the defect as soon as you discover it. A defect notified within two months of its discovery is considered to have been notified without delay. Please note, however, that you cannot claim for any defects beyond the two-year limitation period from the date of performance of the contract.
The limitation period does not include the part of the repair period during which the Buyer cannot use the Goods as intended.
For the part of the Goods affected by the replacement or repair, the limitation period for the claim under the warranty of fitness for purpose shall start to run again. This rule shall also apply in the event that a new defect arises as a result of the repair.
If the subject matter of the contract between the consumer and the business is second-hand goods, the parties may agree on a shorter limitation period; in this case, a limitation period of less than one year may not be validly agreed either.
Who can you claim against?
You can enforce your warranty claim against the Seller.
What other conditions are there for enforcing your rights?
Within one year of performance, there are no conditions for exercising your rights other than the notification of the defect if you can prove that the Goods were supplied by the Seller. However, after one year from the date of performance, you will have the burden of proving that the defect which you have discovered existed at the time of performance.
Product Warranty
In which cases can you exercise your right to a product warranty?
In the case of a defect in a movable good (Goods), you can choose to claim either a warranty of replacement or a product warranty.
What rights do you have under your product warranty claim?
As a product warranty claim, you can only ask for the defective Goods to be repaired or replaced.
In what circumstances are the Goods defective?
Goods are defective if they do not meet the quality requirements in force when they were put on the market or if they do not have the characteristics described by the manufacturer.
What is the time limit for making a product warranty claim?
You have two years from the date on which the goods were placed on the market by the manufacturer to make a product warranty claim. After this period, you lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You can only enforce your product warranty against the manufacturer or distributor of the movable item. You will have to prove that the goods are defective in order to make a product warranty claim.
In what circumstances is the manufacturer (distributor) exempted from its product warranty obligations?
The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:
- the goods were not manufactured or put into circulation in the course of his business, or
- the defect was not detectable according to the state of science and technology at the time of placing on the market, or
- the defect in the Goods is due to the application of a law or a mandatory provision of a public authority.
The manufacturer (distributor) need only prove one ground for exemption.
Please note that you may not make both a warranty claim and a product warranty claim for the same defect at the same time. However, if your product warranty claim is successful, you may assert your accessory warranty claim against the manufacturer for the replaced Goods or repaired part.
Warranty
In which cases can you exercise your right to a warranty?
Pursuant to Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain consumer durables, the Seller is obliged to provide a warranty for the sale of new consumer durables (e.g. technical goods, tools, machines) listed in Annex 1 of the Decree, as well as their accessories and components (hereinafter - in this section - collectively referred to as consumer goods) within the scope specified therein.
The rights arising under the guarantee may be exercised by means of a guarantee voucher, which shall not be conditional on the return of the unopened packaging of the consumer goods by the consumer. In the event of failure to make the guarantee voucher available to the consumer, the conclusion of the contract shall be deemed to have been proved on presentation by the consumer of proof of payment of the consideration, namely an invoice or receipt issued in accordance with the VAT Act. In this case, the rights arising from the guarantee may be enforced by means of proof of payment of the consideration.
In addition, the Seller may also voluntarily provide a warranty, in which case he must provide a warranty declaration to the Buyer who is the Consumer.
The guarantee statement must be made available to the Consumer on a durable medium at the latest at the time of delivery of the goods.
The guarantee statement shall state:
- a clear statement that, in the event of defective performance of the goods, the Consumer shall be entitled to exercise his statutory rights of accessory warranty free of charge, without prejudice to those rights
- the name and address of the person liable for the guarantee
- the procedure to be followed by the Consumer to enforce the guarantee
- the identification of the goods to which the guarantee applies, and
- the conditions of the guarantee,
- the purchase price of the Goods.
What are your rights in the event of a compulsory guarantee and within what time limits?
Warranty rights
The Customer may, on the basis of his/her warranty rights, claim for repair or replacement, ask for a price reduction in the cases provided for by law, or ultimately withdraw from the contract if the debtor has not undertaken to repair or replace the goods, cannot fulfil his/her obligation within a reasonable time and without prejudice to the interests of the beneficiary, or if the beneficiary's interest in repair or replacement has ceased.
The Buyer may also, at his option, submit his claim for repair directly to the Seller's head office, any premises, branch or repair service indicated by the Seller on the warranty ticket.
Time limit for enforcement
The warranty claim may be asserted during the warranty period, the warranty period being in accordance with Government Decree 151/2003 (IX. 22.):
- One year for a sale price of HUF 10 000 but not exceeding HUF 100 000,
- for a sale price exceeding HUF 100 000 but not exceeding HUF 250 000, two years,
- three years for sales above HUF 250 000.
Failure to comply with these time limits shall result in the loss of rights, however, in the event of repair of the consumer goods, the warranty period shall be extended from the date of delivery for repair by the period during which the Customer could not use the consumer goods for their intended purpose due to the defect.
The warranty period shall begin on the date of delivery of the consumer goods to the Buyer or, if the installation is carried out by the Seller or his agent, on the date of installation.
If the Buyer puts the consumer goods into service more than six months after delivery, the starting date of the warranty period shall be the date of delivery of the consumer goods.
Rules on the handling of warranty claims
When handling a repair, the Seller must endeavour to carry out the repair within 15 days. The time limit for the repair starts to run from the date of receipt of the consumer goods.
If the duration of the repair or replacement exceeds fifteen days, the Seller must inform the Buyer of the expected duration of the repair or replacement.
If, during the warranty period, the first repair of the consumer goods by the Seller establishes that the consumer goods cannot be repaired, the Seller must replace the consumer goods within eight days, unless the Buyer has agreed otherwise. If the consumer goods cannot be replaced, the Seller shall reimburse the purchaser within eight days the purchase price indicated on the proof of payment of the price of the consumer goods presented by the consumer, i.e. on the invoice or receipt issued under the VAT Act.
By accepting the GTC, the Buyer agrees that he may be informed by electronic means or by any other means that can be used to prove receipt by the Buyer.
If the Seller is unable to repair the Consumer Goods within 30 days:
- if the Buyer has agreed to this, the repair can be carried out at a later date, or
- if the Buyer does not agree to the repair being carried out at a later date or has not made a declaration to that effect, the consumer goods must be replaced within eight days of the expiry of the 30-day period without result, or
- if the Customer does not agree to the subsequent performance of the repair or has not made a statement to that effect, but the consumer goods cannot be replaced, the sale price shown on the invoice or receipt for the consumer goods must be refunded to the Customer within eight days of the expiry of the 30-day period without result.
If the consumer goods fail for the 4th time, the Customer is entitled to:
- to apply to the Seller for repair, or
- instead of the repair claim, to request the Seller to reduce the purchase price proportionately pursuant to Section 6:159 (2) (b) of Act V of 2013 on the Civil Code, or
- if the Buyer does not exercise these rights (repair, price reduction) or has not made a statement in this regard, the consumer goods must be replaced within 8 days, and if the consumer goods cannot be replaced, the sales price indicated on the invoice or receipt for the consumer goods must be refunded to the Buyer within 8 days.
Consumer goods covered by the compulsory guarantee under Government Decree 151/2003, which are fixed, or which weigh more than 10 kg, or which cannot be carried as hand luggage on public transport, with the exception of vehicles, must be repaired at the place of use. If the repair cannot be carried out at the place of use, the dismantling, installation, removal and return shall be carried out by the undertaking or, in the case of a repair request made directly to the repairer, by the repairer.
Exceptions to the guarantee
The provisions under "Rules for handling warranty claims" do not apply to electric bicycles, electric scooters, quad bikes, motorcycles, mopeds, cars, motor caravans, caravans, motor caravans, caravans with trailers, trailers and motorised watercraft.
However, even for these Goods, the Seller shall endeavour to comply with the request for repair within 15 days.
If the time for repair or replacement exceeds fifteen days, the Seller shall inform the Buyer of the expected time for repair or replacement.
What is the relationship between the warranty and other warranty rights?
Warranty is ancillary to warranty rights (product and accessory warranty), the fundamental difference between general warranty rights and warranty being that the burden of proof is lower for the consumer in the case of warranty.
A voluntary guarantee given by the seller during the period of the mandatory guarantee must not contain conditions for the consumer which are less favourable than the rights granted by the rules on mandatory guarantees. However, after that period, the conditions of the voluntary guarantee may be freely determined, but the guarantee may not affect the consumer's statutory rights, including those based on the implied warranty.
Right to replacement within three working days
In the case of sales via a webshop, the three working days replacement requirement also applies. The three working day replacement requirement is applicable to new consumer durables covered by Government Decree 151/2003 (22.IX.2003), according to which if the replacement requirement is invoked within the three working days, the seller must interpret this as meaning that the goods were already defective at the time of sale and must replace them without further ado.
When is the Seller released from his warranty obligation?
The Seller is only released from his warranty obligation if he proves that the cause of the defect arose after performance.
Please note that you cannot claim both a warranty and a guarantee claim or a product warranty and a guarantee claim for the same defect at the same time, otherwise you will have the rights under the warranty irrespective of the warranty rights.
Information on product warranty and guarantee of conformity of goods for non-consumer Customers
General rules on rights of accessory warranty
A non-consumer Buyer may, at his choice, make the following claims under ancillary guarantees:
Request repair or replacement, unless the remedy of your choice would be impossible or would involve disproportionate additional costs for the Seller compared to any other remedy. If you have not requested or could not request the repair or replacement, you may request a proportionate reduction in the price or the Buyer may have the defect repaired or replaced at the Seller's expense or, as a last resort, you may withdraw from the contract.
You may transfer your right to a different warranty, but you will bear the cost of the transfer, unless it was justified or the Seller has given a reason for it.
In the case of second-hand Goods, the warranty and guarantee rights will normally be different from the general rules. In the case of second-hand Goods, we may also speak of defective performance, but we must take into account the circumstances under which the Buyer could have expected certain defects to occur. As a result of ageing, the occurrence of certain defects becomes more frequent and it cannot be assumed that a second-hand Goods can be of the same quality as newly purchased Goods. Accordingly, the Buyer may only assert his warranty rights in respect of defects which are in addition to and independent of those resulting from use. If the used Goods are defective and the Customer, being the Consumer, was informed of this at the time of purchase, the Supplier shall not be liable for the known defect.
In the case of Purchasers who are not deemed to be Consumers, the period of validity of the right to claim for a warranty of replacement shall be 1 year, starting on the date of delivery.
Product warranty and guarantee
The product warranty and the obligatory guarantee are only available to purchasers who are consumers.
If the Seller voluntarily provides a warranty for a given Goods, it shall indicate this separately when the Goods are purchased.
If the manufacturer provides a manufacturer's warranty for the Goods that also covers non-consumer purchasers, this warranty may be claimed directly from the manufacturer.
