Preamble
Welcome to our website! Thank you for placing your trust in us when making your purchase!
If you have any questions about these General Terms and Conditions, use of the website, individual products or the purchasing process, or if you would like to discuss your specific requirements with us, please contact our colleague using the contact details provided!
To read the following GTC provisions, simply click on the item you would like to read.
I. Legal notice: details of the Service Provider (Seller, Business)
Name: BADUSHOW HUNGARY Bt.
Registered office: 3900 Szerencs, Petrikovits László utca 48.
Postal address: 3900 Szerencs, Petrikovits László utca 48.
Showroom and collection point address: 3900 Szerencs, Petrikovits László utca 48.
Registration authority: Miskolci Törvényszék
Company registration number: 05-06-001476
Tax number: 21241556-2-05
Telephone: +36-20/476-4839
You can also reach us at: +36-20/924-1694
Email: info@badushow.hu
Website: https://badushow.hu/
Bank account number: 10400322-49565052-48491006
II. Hosting provider details
Name: Magyar Hosting – Websupport Magyarország Kft.
Registered office: 1132 Budapest, Victor Hugo utca 18-22.
Contact details:
Email: info@mhosting.hu
Online customer portal: https://online.mhosting.hu
Telephone: +36 1 700 2323 (view the telephone menu map)
Website: https://www.mhosting.hu/
III. Definitions
Goods: movable items, including water, gas and electricity supplied in a container, bottle or otherwise in a limited quantity or specified volume, and goods with digital elements.
Goods with digital elements: movable items that incorporate or are interconnected with digital content or a digital service in such a way that the absence of the digital content or digital service would prevent the goods from performing their functions.
Parties: the Seller and the Buyer jointly.
Consumer: a natural person acting outside their trade, independent profession or business activity.
Consumer contract: a contract in which one of the parties qualifies as a consumer.
Functionality: the ability of goods with digital elements, digital content or a digital service to perform the functions appropriate to their purpose.
Manufacturer: the producer of the product; for imported products, the importer bringing the product into the European Union; and any person who presents themselves as the manufacturer by placing their name, trademark or other distinguishing mark on the product.
Interoperability: the ability of goods with digital elements, digital content or a digital service to function with hardware and software different from that with which goods, digital content or digital services of the same type are normally used.
Compatibility: the ability of goods with digital elements, digital content or a digital service to function, without the need for conversion, with hardware or software with which goods, digital content or digital services of the same type are normally used.
Website: this website, which serves for conclusion of the Contract.
Contract: the sales contract concluded between the Seller and the Buyer through use of the Website and electronic correspondence.
Durable medium: any instrument that enables the Consumer or the Business to store information addressed personally to them in a way accessible for future reference for a period appropriate to the purpose of the information, and to reproduce the stored information unchanged.
Means of distance communication: a means suitable for making a contractual declaration for the purpose of concluding a contract while the Parties are not present together. Such means include, in particular, addressed or unaddressed printed material, standard letters, advertisements published in the press with an order form, catalogues, telephones, fax machines and devices providing internet access.
Distance contract: a consumer contract concluded under an organised distance sales system for supplying the contractual product or service, without the simultaneous physical presence of the Parties, where the contracting Parties exclusively use means of distance communication to conclude the contract.
Product: goods and goods with digital elements offered on the Website and intended for sale on the Website.
Business: a person acting within their trade, independent profession or business activity.
Buyer/You: the person making an offer to purchase and entering into a contract through the Website.
Guarantee: in contracts concluded between the Consumer and the Business (hereinafter: consumer contracts), under the Civil Code:
• a guarantee for performance of the Contract which the Business voluntarily undertakes for proper performance of the Contract beyond its statutory obligation or in the absence of such an obligation; and
• a mandatory guarantee based on legislation.
Purchase price: the consideration payable for the goods and for the supply of digital content.
IV. Applicable legislation
The Contract is governed by Hungarian law, in particular the following legislation:
– 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 151/2003. (IX.22.) on Mandatory Guarantees for Certain Durable Consumer Goods;
– Government Decree 45/2014. (II.26.) on Detailed Rules for Contracts between Consumers and Businesses;
– NGM Decree 19/2014. (IV.29.) on the Procedural Rules for Handling Warranty and Guarantee Claims Relating to Goods Sold under Contracts between Consumers and Businesses;
– Act LXXVI of 1999 on Copyright;
– Act CXX of 2011 on the Right to Informational Self-Determination and Freedom of Information;
– REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (28 February 2018) on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC;
– REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (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 Directive 95/46/EC (General Data Protection Regulation);
– Government Decree 373/2021. (VI. 30.) on Detailed Rules for Contracts between Consumers and Businesses for the Sale of Goods, the Supply of Digital Content and the Provision of Digital Services.
V. Scope and acceptance of the GTC
The content of the Contract concluded between us is determined by these General Terms and Conditions (hereinafter: GTC), in addition to the provisions of the applicable mandatory legislation. Accordingly, these GTC contain the rights and obligations of you and us, the conditions for conclusion of the Contract, performance deadlines, delivery and payment terms, rules on liability, and the conditions for exercising the right of withdrawal.
Technical information necessary for use of the Website that is not contained in these GTC is provided by other information available on the Website.
You are required to familiarise yourself with the provisions of these GTC before finalising your order.
VI. Language and form of the Contract
The language of contracts governed by these GTC is Hungarian.
Contracts governed by these GTC do not qualify as contracts concluded in writing and are not filed by the Seller.
VII. Prices shown on the WEBSITE
Prices are stated in Hungarian forints and include 27% VAT. The possibility that the Seller may change prices for business policy reasons cannot be excluded. Price changes do not apply to contracts already concluded. If the Seller has displayed an incorrect price and an order has been received for the Product, but the Parties have not yet concluded a contract, the Seller will act under the GTC section on the procedure in the event of an incorrect price.
VIII. Procedure in the event of an incorrect price
The following are considered obviously incorrect displayed prices:
- a price of HUF 0;
- a crossed-out price.
Where an incorrect price is displayed, the Seller offers the opportunity to purchase the Product at the actual price. With this information, the Buyer may decide whether to order the Product at the actual price or cancel the order without any adverse legal consequences.
The Buyer acknowledges that a contract does not necessarily arise between the Seller and the Buyer, particularly if the price of the Products ordered by the Buyer is displayed incorrectly on the Website due to the Seller’s error and the Seller informs the Buyer of that error.
The Buyer acknowledges that an order may not come into existence between the Seller and the Buyer, primarily where the Buyer orders the Product at a randomly or incorrectly displayed price due to a fault in the Seller’s internal information system. In such cases, the Seller is entitled to withdraw from the Contract even after the Buyer has received an email confirming their order. In such a case, the Seller informs the Buyer of what has occurred.
HUF 0 and/or a crossed-out selling price: procedure in the event of an incorrect price.
The following are considered obviously incorrect displayed prices:
A price of HUF 0:
a discounted price in which the discount is displayed incorrectly.
Where an incorrect price is displayed, the Seller offers the opportunity to purchase the Product at the actual price. With this information, the Buyer may decide whether to order the Product at the actual price or cancel the order without any adverse legal consequences.
A crossed-out end-user price:
The Product is currently out of stock, or the forint has meanwhile weakened against market currencies to such an extent that the Product is currently being repriced. In this case, the Seller offers the opportunity to purchase the Product at the actual and/or current price. With this information, the Buyer may decide whether to order the Product at the actual price or cancel the order without any adverse legal consequences. In this case, the Buyer receives the Product at the price communicated by email.
IX. Complaint handling and available remedies
The Consumer may submit complaints concerning the Product or the Seller’s activities using the following contact details:
- Customer service office: 3900, Szerencs, Petrikovits László utca 48
- Customer service opening hours:
Monday: 8:00 – 15:00
Tuesday: 8:00 – 15:00
Wednesday: 8:00 – 15:00
Thursday: 8:00 – 15:00
Friday: 8:00 – 15:00
Saturday: Closed
Sunday: Closed
- Telephone: +36-20/476-4839, +36-20/9241-694,
- Internet address: https://badushow.hu
- Email: info@badushow.hu
The Seller does not have a shop and can only be contacted using the contact details provided above, through its customer service.
The Consumer may communicate their complaint to the Business orally or in writing. The complaint may concern conduct, activities or omissions of the Business, or a person acting in the interests or for the benefit of the Business, directly related to the distribution or sale of goods to Consumers.
The Business is required to examine an oral complaint immediately and remedy it as necessary. If the Consumer disagrees with the handling of the complaint, or immediate investigation is not possible, the Business must promptly draw up a record of the complaint and its position on it, and give a copy to the Consumer on the spot if the oral complaint was made in person. For an oral complaint made by telephone or another electronic communications service, the record must be sent to the Consumer within 30 days at the latest, together with the substantive response and in accordance with the requirements for responding to a written complaint. In other respects, the Business must follow the procedure for written complaints set out below. Unless a directly applicable legal act of the European Union provides otherwise, the Business must respond substantively to a written complaint in writing within thirty days of its receipt and arrange for the response to be communicated. A shorter deadline may be established by legislation and a longer deadline by an Act. The Business must give reasons for rejecting a complaint. An oral complaint made by telephone or an electronic communications service must be assigned a unique identification number by the Business.
The record of the complaint must contain the following:
- the Consumer’s name and address;
- the place, time and manner of submission of the complaint;
- a detailed description of the Consumer’s complaint and a list of the papers, documents and other evidence presented by the Consumer;
- the Business’s statement of its position concerning the Consumer’s complaint, if immediate investigation of the complaint is possible;
- the signature of the person drawing up the record and, except for an oral complaint made by telephone or another electronic communications service, the Consumer’s signature;
- the place and time at which the record was drawn up;
- for an oral complaint made by telephone or another electronic communications service, the complaint’s unique identification number.
The Business must retain the record of the complaint and a copy of the response for three years and present them to the supervisory authorities upon request.
If a complaint is rejected, the Business must inform the Consumer in writing of the authority or conciliation board whose proceedings the Consumer may initiate, depending on the nature of the complaint. The information must also include the registered address, telephone and internet contact details and postal address of the competent authority or the conciliation board competent for the Consumer’s place of residence or stay. It must also state whether the Business will make use of conciliation board proceedings to resolve the consumer dispute. If a consumer dispute that may exist between the Seller and the Consumer is not resolved through negotiations, the Consumer has the following available remedies:
X. Consumer protection proceedings
A complaint may be submitted to the consumer protection authorities. If the Consumer notices a breach of their consumer rights, they are entitled to lodge a complaint with the consumer protection authority competent for their place of residence. After assessing the complaint, the authority decides whether to conduct consumer protection proceedings. First-instance consumer protection authority functions are performed by the capital and county government offices competent for the Consumer’s place of residence. Their list is available here: http://www.kormanyhivatal.hu/
XI. Court proceedings
The customer is entitled to enforce a claim arising from a consumer dispute before a court in civil proceedings, in accordance with Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
XII. Conciliation board proceedings
We inform you that you may make a consumer complaint against us. If we reject your consumer complaint, you are also entitled to contact the Conciliation Board competent for your place of residence or stay. A condition for initiating conciliation board proceedings is that the Consumer directly attempts to resolve the dispute with the Business concerned. At the Consumer’s request, the conciliation board specified in the request has jurisdiction in place of the otherwise competent board.
The Business has a duty to cooperate in conciliation board proceedings.
This includes the Business’s obligation to send a written response when requested by the conciliation board and its obligation to appear before the board, by ensuring the attendance at the hearing of a person authorised to reach a settlement.
If the Business’s registered office or place of business is not registered in the county of the chamber operating the territorially competent conciliation board, the Business’s duty to cooperate extends to offering the possibility of a written settlement consistent with the Consumer’s claim.
If the duty to cooperate described above is breached, the consumer protection authority has jurisdiction. As a result of the legislative amendment, a mandatory fine must be imposed for unlawful conduct by businesses, and there is no possibility of waiving the fine. In addition to the Consumer Protection Act, the relevant provision of the Act on Small and Medium-Sized Enterprises was also amended, so imposition of the fine may not be omitted for small and medium-sized enterprises either.
For small and medium-sized enterprises, the fine may range from HUF 15 thousand to HUF 500 thousand. For businesses covered by the Accounting Act with annual net turnover exceeding HUF 100 million that do not qualify as small or medium-sized enterprises, it may range from HUF 15 thousand to 5% of the Business’s annual net turnover, but no more than HUF 500 million. By introducing the mandatory fine, the legislator aims to reinforce cooperation with conciliation boards and ensure that businesses participate actively in conciliation board proceedings.
The conciliation board has jurisdiction to resolve consumer disputes outside court proceedings. Its task is to attempt to bring about a settlement between the Parties to resolve the consumer dispute and, if this is unsuccessful, to decide the matter in order to ensure simple, rapid, effective and cost-efficient enforcement of consumer rights. At the request of the Consumer or the Business, the conciliation board gives advice on the Consumer’s rights and obligations.
Conciliation board proceedings are initiated at the Consumer’s request. The request must be submitted in writing to the chair of the conciliation board. The requirement for writing may be met by letter, telegram, teleprinter or fax, or by any other means that enables the recipient to store information addressed to them durably for a period appropriate to its purpose and reproduce the stored information in unchanged form and content. The request must contain:
- the Consumer’s name and place of residence or stay;
- the name, registered office or relevant place of business of the Business involved in the consumer dispute;
- if the Consumer requests a board other than the otherwise competent conciliation board, identification of the requested board;
- a brief description of the Consumer’s position, the facts supporting it and evidence of those facts;
- the Consumer’s statement that they directly attempted to resolve the dispute with the Business concerned;
- the Consumer’s statement that they have not initiated proceedings before another conciliation board in the matter, no mediation proceedings have been initiated, no statement of claim has been filed, and no application for a payment order has been submitted;
- the motion concerning the decision sought from the board;
- the Consumer’s signature.
The document, or its copy or extract, whose content the Consumer relies on as evidence must be attached to the request. In particular, this includes the Business’s written statement rejecting the complaint or, in its absence, other written evidence available to the Consumer of having attempted the prescribed consultation.
If the Consumer acts through an authorised representative, the authorisation must be attached to the request.
Further information about Conciliation Boards is available here: http://www.bekeltetes.hu
Further information about the territorially competent Conciliation Boards is available here:
https://bekeltetes.hu/index.php?id=testuletek
Contact details of the individual territorially competent Conciliation Boards:
| Baranya County Conciliation Board Address: 7625 Pécs, Majorossy I. u. 36. Telephone: 06-72-507-154 Fax: 06-72-507-152 E-mail: abeck@pbkik.hu; mbonyar@pbkik.hu |
Bács-Kiskun County Conciliation Board Address: 6000 Kecskemét, Árpád krt. 4. Telephone: 06-76-501-500; 06-76-501-525, 06-76-501-523 Fax: 06-76-501-538 E-mail: bekeltetes@bacsbekeltetes.hu Website: www.bacsbekeltetes.hu |
| Békés County Conciliation Board Address: 5600 Békéscsaba, Penza ltp. 5. Telephone: 06-66-324-976 Fax: 06-66-324-976 E-mail: eva.toth@bmkik.hu |
Borsod-Abaúj-Zemplén County Conciliation Board Address: 3525 Miskolc, Szentpáli u. 1. Telephone:06-46-501-091;06-46-501-870 Fax: 06-46-501-099 E-mail: bekeltetes@bokik.hu |
| Budapest Conciliation Board Address: 1016 Budapest, Krisztina krt. 99. 99. I. em. 111. Telephone: 06-1-488-2131 E-mail: bekelteto.testulet@bkik.hu Website: bekeltet.bkik.hu |
Csongrád-Csanád County Conciliation Board Address: 6721 Szeged, Párizsi krt. 8-12. Telephone: 06-62-554-250/118 Fax: 06-62-426-149 E-mail: bekelteto.testulet@csmkik.hu |
| Fejér County Conciliation Board Address: 8000 Székesfehérvár, Hosszúsétatér 4-6. Telephone:06-22-510-310 Fax: 06-22-510-312 E-mail: fmkik@fmkik.hu |
Győr-Moson-Sopron County Conciliation Board Address: 9021 Győr, Szent István út 10/a. Telephone: 06-96-520-217 Fax: 06-96-520-218 E-mail: bekeltetotestulet@gymskik.hu |
| Hajdú-Bihar County Conciliation Board Address: 4025 Debrecen, Vörösmarty u. 13-15. Telephone: 06-52-500-710 Fax: 06-52-500-720 E-mail: korosi.vanda@hbkik.hu |
Heves County Conciliation Board Address: 3300 Eger, Faiskola út 15. Telephone: 06-36-429-612 Fax: 06-36-323-615 E-mail: hkik@hkik.hu |
| Jász-Nagykun-Szolnok County Conciliation Board Address: 5000 Szolnok, Verseghy park 8. III. emelet 305-306. Telephone: 06-56-510-621, 06-20-373-2570 Fax: 06-56-510-628 E-mail: bekeltetotestulet@jnszmkik.hu |
Komárom-Esztergom County Conciliation Board Address: 2800 Tatabánya, Fő tér 36. Telephone: 06-34-513-027 Fax: 06-34-316-259 E-mail: szilvi@kemkik.hu |
| Nógrád County Conciliation Board Address: 3100 Salgótarján, Alkotmány út 9/A. Telephone: 06-32-520-860 Fax: 06-32-520-862 E-mail: nkik@nkik.hu |
Pest County Conciliation Board Address: 1055 Budapest, Balassi Bálint u. 25. IV/2. Postal address: 1364 Budapest, Pf.: 81 Telephone: 06-1-792-7881 E-mail: pmbekelteto@pmkik.hu Website: http://panaszrendezes.hu/ |
| Somogy County Conciliation Board Address: 7400 Kaposvár, Anna u.6. Telephone: 06-82-501-026 Fax: 06-82-501-046 E-mail: skik@skik.hu |
Szabolcs-Szatmár-Bereg County Conciliation Board Address: 4400 Nyíregyháza, Széchenyi u. 2. Telephone: 06-42-311-544 Fax: 06-42-311-750 E-mail: bekelteto@szabkam.hu |
| Tolna County Conciliation Board Address: 7100 Szekszárd, Arany J. u. 23-25. III. emelet Telephone: 06-74-411-661 Fax: 06-74-411-456 E-mail: kamara@tmkik.hu |
Vas County Conciliation Board Address: 9700 Szombathely, Honvéd tér 2. Telephone: 06-94-312-356 Fax: 06-94-316-936 E-mail: vmkik@vmkik.hu |
| Veszprém County Conciliation Board Address: 8200 Veszprém, Radnóti tér 1. földszint 115-116. Telephone: +36-88-814-121 Fax: 06-88-412-150 E-mail: info@bekeltetesveszprem.hu |
Zala County Conciliation Board Address: 8900 Zalaegerszeg, Petőfi u. 24. Telephone: 06-92-550-513 Fax: 06-92-550-525 E-mail: zmbekelteto@zmkik.hu |
XIII. Online dispute resolution platform
The European Commission has created a website where Consumers can register and resolve disputes related to online purchases by completing an application, avoiding court proceedings. This enables Consumers to enforce their rights without, for example, distance preventing them from doing so.
If you wish to make a complaint concerning a product or service purchased online and do not necessarily wish to go to court, you may use online dispute resolution.
On the portal, you and the trader against whom you have made a complaint may jointly select the dispute resolution body you wish to entrust with handling the complaint.
The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
XIV. Copyright
Under Section 1(1) of Act LXXVI of 1999 on Copyright (hereinafter: Copyright Act), the Website qualifies as a copyright work, and all its parts are therefore protected by copyright. Under Section 16(1) of the Copyright Act, unauthorised use of the graphic and software solutions and computer programs found on the Website is prohibited, as is the use of any application that can modify the Website or any part of it. Even with the rights holder’s written consent, any material from the Website and its database may be reproduced only with a reference to the Website and acknowledgement of the source. The rights holder is Badushow Hungary Bt.
XV. Partial invalidity and code of conduct
If any provision of the GTC is legally deficient or ineffective, the other provisions of the Contract remain in force and the provisions of the applicable legislation apply in place of the ineffective or defective part.
The Seller does not have a code of conduct within the meaning of the Act on the Prohibition of Unfair Commercial Practices against Consumers.
XVI. Operation of digital data content and technical protection measures
The servers supplying the data displayed on the Website have annual availability exceeding 99.9%. The complete data content is backed up regularly, so 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 its encoding is implemented with hardware support.
XVII. Information about the essential characteristics of the Products
The Website provides information about the essential characteristics of the Products available for purchase in the descriptions accompanying the individual Products.
Important: the descriptions on Product pages are the versions provided by the manufacturer. They may change over time, and timely updating of them is therefore not guaranteed. However, we do everything we can to provide accurate and up-to-date information on the Product description pages.
XVIII. Correcting data entry errors — responsibility for the accuracy of the information provided
During the ordering process, you can continuously modify the information you have entered before sending the email to the Seller. Please note that it is your responsibility to ensure that the information you provide is entered accurately, as the Product will be invoiced and delivered on the basis of that information.
Please note that an incorrectly entered email address or a full mailbox may prevent delivery of the confirmation and prevent the Contract from being concluded. If the Buyer has sent their order by email and discovers an error in the information provided, they must request a change to the order as soon as possible. The Buyer may notify the Seller of the change to the incorrect order by sending a message from the email address provided when ordering or by telephone.
XIX. Use of the Website
Registration is not required to make a purchase.
The Website presents Products and provides Users with the opportunity to order online. Users can browse the Website using the menu items. The Products are organised into categories.
Products can be searched for on the Website using keywords. Search results matching the search criteria are displayed as a list, similarly to the categories.
The User is responsible for keeping their access details confidential. The User is responsible for updating their information and must notify the Service Provider if they learn that a third party has misused their information.
– To place an Order on the Website, the Buyer must write an email to the Seller.
– For information about placing an Order and the ordering process, read our “How to order” page.
– The Buyer may place an Order electronically through the Website by describing or identifying the selected Product(s) in detail in the email, together with the relevant Product Code and the desired quantity; providing the delivery and invoicing information necessary to fulfil the Order, including a telephone number; and specifying the payment and collection method. Sending the Customer’s/Buyer’s email and the Seller’s reply email finalises the purchase!
The “Order” email must contain the following:
- the name of the desired Product;
- the Product Code;
- quantity;
- payment method (advance bank transfer or cash on delivery);
- the Customer’s name;
- the tax number for a Company Order;
- the Customer’s delivery address (postcode, street name, house number, floor, door);
- telephone number;
- other information.
If you find everything satisfactory, you can finalise your order by sending an Order email. You will receive confirmation by email within a maximum of 48 hours. If you notice incorrect information after the order has been recorded, for example in the confirmation email, you must notify the Service Provider immediately and within 24 hours at the latest.
XX. Finalising the order (making an offer)
- By finalising the Order, the Buyer declares that the information provided for the purchase is true and consents to the Seller using and processing it for the purpose of fulfilling the Order, particularly to contact the Buyer, where necessary, through either of the contact details provided (email or telephone). By finalising the Order, the Customer undertakes to pay its price to the courier by cash on delivery after the specified Product arrives. If payment is not made, the Seller/Courier may refuse to fulfil the Order.
- The Buyer may change the quantity and type of the Products ordered, amend the Contract or cancel it until the courier has collected the ordered Product(s) from the Seller.
- Confirmation of the order and formation of the Contract.
- The Contract between the Seller and the Buyer is formed when the Buyer receives the Seller’s email confirmation accepting or rejecting the Order. The notice of acceptance also includes notification that the Products ordered by the Customer have been handed over to the courier service and of the expected delivery time.
- The Order and its confirmation are considered received by the Seller and the Buyer, respectively, when they become accessible to the recipient.
- According to our information, payment to the GLS courier is possible both in cash and by bank card.
- The Seller reserves the right to reject an Order placed by the Customer. The Seller primarily engages in retail sales and therefore reserves the right, depending on stock, to confirm a smaller quantity of the Products included in the Order. The Seller informs the Buyer of this by email. In such a case, the Seller refunds the purchase price of Products already paid for by the Buyer but not confirmed by the Seller.
XXI. Processing the order and formation of the Contract
You may place an order at any time. The Seller confirms your offer by email no later than the working day following the submission of your offer. The Contract is formed when the confirmation email sent by the Seller becomes accessible to you in your email system.
XXII. Payment methods
Bank transfer — advance payment
You may also pay for the Products by bank transfer. For this purpose, the Seller sends a payment request listing the ordered items, their net and gross prices, and the gross amount payable. In addition to the itemised details, the payment request contains the Seller’s bank account number and the payment request number. When making a bank transfer, please carefully check all the information entered. Order processing starts on the day the payment reaches the Seller’s bank.
Please remember to include the number shown on the payment request in your transfer, as this is the only way to clearly identify the payment with your order. Depending on the bank, it takes approximately 1–3 days (longer from abroad) for the money to reach our bank and the payment to be allocated.
In the case of advance payment, the delivery period begins on the day following the issue of the payment instruction to the remitting bank; for other payment methods, it begins on the day following conclusion of the Contract and ends upon expiry of the last day of that period. If the last day falls on a Saturday, Sunday or public holiday, it is replaced by the following working day.
Cash on delivery
If you wish to pay for your order when you receive the parcel, select the “Cash on delivery” payment method.
XXIII. Collection and delivery methods and charges
GLS courier service
We work with the GLS courier service. A weight limit applies to Lay-Z Spa inflatable hot tubs. If the box weighs less than 40 kg, we will most likely deliver it by GLS courier (lead time 2–3 days, depending on stock). If it exceeds 40 kg, we can send the Product to the specified address using another external courier company (lead time 4–7 days, depending on stock).
There is another arrangement for cases exceeding the above weight. For this purpose, we devised delivery in an OEM PACK (information is also available on our website under “Contact”). This simply means that the Product is not delivered in the manufacturer’s original cardboard box, but in two separate cardboard boxes, distributing the excess weight between the two boxes.
Products may be requested in OEM packaging. Only the external factory packaging differs. We split the large, bulky factory box into two parts so that the parcel’s weight is distributed. The number, quantity and packaging of the Products inside the boxes are original; only the external box is not the factory box.
Our parcel delivery partners
- GLS courier service (payment is possible in cash and by bank card).
- MPL (Hungarian Post) is used for certain Products; the Seller sends an email notification of the delivery time. Payment on receipt is possible in cash, and with GLS also by card.
Courier delivery
Delivery takes place on working days between 08:00 and 17:00. In most cases, orders are delivered to your address by GLS courier.
In the event of an unsuccessful delivery, the courier service attempts delivery again within 3 working days.
Please provide a delivery address where you can receive the parcel during the day, and a valid telephone number that you generally answer or use, as the courier calls the specified number half an hour before delivery to discuss the exact delivery time.
Parcels reach their destination within 24 hours, or at most 48 hours, after collection. Products not in stock at the time of ordering are exceptions; we inform you of this by email.
There is no delivery at weekends or on public holidays.
Further information about delivery is available on the “Delivery terms” page.
In the case of FREE DELIVERY, you are not charged a delivery fee.
Personal collection from our showroom in Szerencs
We notify you by telephone or email as soon as your order is ready for collection.
We can set aside your order for 2 weeks from the notification.
At our showroom, payment is possible only by advance bank transfer or in cash.
Showroom address:
3900 Szerencs, Petrikovits László utca 48.
Opening hours:
Monday to Friday: 08:00–15:00
Closed on Saturday and Sunday.
PALLET DELIVERY OF XXL PRODUCTS WITH A BREAKAGE GUARANTEE
We cannot accept orders for pallet delivery. This option is therefore not available.
XXIII. Performance deadline
The general performance deadline for an order is a maximum of 2–5 days from confirmation of the order, and 1–1.5 months for Products ordered from abroad. If the Seller is late, the Buyer is entitled to set an additional deadline. If the Seller fails to perform within that additional deadline, the Buyer is entitled to withdraw from the Contract.
XXIX. Reservation of rights and retention of title
If you previously ordered a Product but did not accept it on delivery (excluding cases where you exercised your right of withdrawal), or the Product was returned to the Seller marked “unclaimed”, the Seller makes fulfilment of the order conditional on advance payment of the purchase price and delivery costs.
The Seller may withhold handover of the Product until satisfied that its price has been successfully paid using the electronic payment method. This also includes cases where, for a Product paid by bank transfer, the Buyer transfers the purchase price in the currency of their Member State and, because of conversion and bank commissions or charges, the Seller does not receive the full purchase price and delivery fee. If the Product’s price has not been paid in full, the Seller may request that the Buyer pay the outstanding amount.
XXX. Sales abroad
The Seller does not discriminate between Buyers using the Website in Hungary and those outside Hungary but within the European Union. Unless otherwise provided in these GTC, the Seller provides delivery/collection of ordered Products within Hungary.
These GTC also govern purchases outside Hungary. For the purposes of this section, in accordance with the applicable regulation, a buyer means a consumer who is a national of or resident in a Member State, or an undertaking established in a Member State, who purchases goods or uses services within the European Union solely for end use, or acts with that intention. A consumer is a natural person acting for purposes outside their trade, industry, craft or profession.
The primary language of communication and purchasing is Hungarian. The Seller is not obliged to communicate with the Buyer in the language of the Buyer’s Member State.
The Seller is not obliged to comply with non-contractual requirements imposed by the national law of the Buyer’s Member State in relation to the Product concerned, such as labelling or sector-specific requirements, or to inform the Buyer about such requirements.
Unless the Seller provides otherwise, Hungarian VAT applies to every Product.
The Buyer may exercise the legal remedies provided in these GTC.
When an electronic payment method is used, payment is made in the currency specified by the Seller.
The Seller may withhold handover of the Product until satisfied that the Product price and delivery fee have been successfully paid in full using the electronic payment method. This also includes cases where, for a Product paid by bank transfer, the Buyer transfers the purchase price (delivery fee) in the currency of their Member State and, because of conversion and bank commissions or charges, the Seller does not receive the full purchase price. If the Product’s price has not been paid in full, the Seller may request that the Buyer pay the outstanding amount.
For handover of the Product, the Seller provides non-Hungarian Buyers with the same handover options as Hungarian Buyers.
If, under the GTC, the Buyer may request delivery of the Product within Hungary or to another European Union Member State, a non-Hungarian Buyer may also request this using any delivery method specified in the GTC.
If, under the GTC, the Buyer may choose personal collection of the Product from the Seller, a non-Hungarian Buyer may also use this option.
Otherwise, the Buyer may request to arrange delivery abroad at their own expense. Hungarian Buyers do not have this right.
The Seller fulfils the order after payment of the delivery fee. If the Buyer does not pay the delivery fee to the Seller or does not arrange their own transport by the time agreed in advance, the Seller terminates the Contract and refunds the purchase price paid in advance.
XXXI. Consumer information
Information about the consumer Buyer’s right of withdrawal
Under Section 8:1(1)(3) of the Civil Code, only a natural person acting outside their profession, independent occupation or business activity is considered a Consumer; therefore, legal persons cannot exercise the right of withdrawal without giving reasons.
The Consumer has a right of withdrawal without giving reasons under Section 20 of Government Decree 45/2014. (II. 26.). The Consumer may exercise this right within 14 days from the day on which the Consumer or a third party designated by the Consumer, other than the carrier, receives:
- a) under a Contract for the sale of a Product:
aa) the Product;
ab) in the case of the sale of several Products delivered at different times, the last Product delivered.
This section does not affect the Consumer’s right to exercise the right of withdrawal specified here during the period between conclusion of the Contract and receipt of the Product.
If the Consumer made an offer to conclude the Contract, the Consumer is entitled to withdraw that offer before the Contract is concluded, thereby ending the binding effect of the offer to conclude the Contract.
Statement of withdrawal and exercising the Consumer’s right of withdrawal or termination
The Consumer may exercise the right granted by Section 20 of Government Decree 45/2014. (II. 26.) by an unambiguous statement to that effect or by using the model statement also available to download online.
Validity of the Consumer’s statement of withdrawal
The right of withdrawal is considered exercised within the deadline if the Consumer sends the statement within the deadline. The deadline is 14 days.
The Consumer bears the burden of proving that the right of withdrawal was exercised in accordance with this provision.
The Seller must acknowledge receipt of the Consumer’s statement of withdrawal on an electronic medium after it arrives.
XXXII. The Seller’s obligations if the Consumer withdraws
The Seller’s refund obligation
If the Consumer withdraws from the Contract in accordance with Section 22 of Government Decree 45/2014. (II. 26.), the Seller refunds the full amount paid by the Consumer as consideration, including costs incurred in connection with performance, such as the delivery fee, no later than fourteen days after becoming aware of the withdrawal. Please note that this provision does not apply to additional costs resulting from the choice of a delivery method other than the least expensive standard delivery method.
Method of refund
In the case of withdrawal or termination in accordance with Section 22 of Government Decree 45/2014. (II. 26.), the Seller refunds the amount due to the Consumer using the same payment method as the Consumer used. With the Consumer’s express consent, the Seller may use a different payment method for the refund, but the Consumer must not incur any additional charge as a result. The Seller is not liable for delays resulting from a bank account number or postal address incorrectly and/or inaccurately provided by the Consumer.
Additional costs
If the Consumer expressly chooses a delivery method other than the least expensive standard delivery method, the Seller is not obliged to refund the resulting additional costs. In such cases, our refund obligation is limited to the standard delivery charges shown.
Right to withhold the refund
The Seller may withhold the amount due to the Consumer until the Consumer has returned the Product or has conclusively proved that it has been sent back, whichever occurs first. We cannot accept consignments sent cash on delivery or with postage payable by the recipient.
XXXIII. The Consumer’s obligations in the event of withdrawal or termination
Returning the Product
If the Consumer withdraws from the Contract in accordance with Section 22 of Government Decree 45/2014. (II. 26.), the Consumer must return the Product or hand it over to the Seller or a person authorised by the Seller to receive it without delay, and no later than 14 days after communicating the withdrawal. The return is considered completed within the deadline if the Consumer sends the Product before the deadline expires.
Right of withdrawal for hygiene Products
For hygiene reasons, we do not accept returns of swimming pool accessories connected to the water circuit. Most Products come into contact to some degree with pool or hot tub water and are therefore considered hygiene Products. Under the GTC, the right of withdrawal does not apply after the Product has been installed or used.
Bearing the direct costs of returning the Product
The Consumer bears the direct cost of returning the Product. The Product must be returned to the Seller’s address. If, after performance has begun, the Consumer terminates an off-premises or distance Contract for the provision of services, the Consumer must pay the undertaking a fee proportionate to the services performed up to the time the termination was communicated to the undertaking. The proportional amount payable by the Consumer must be calculated based on the total consideration agreed in the Contract, including tax. If the Consumer proves that the total amount calculated in this way is excessively high, the proportional amount must be calculated based on the market value of the services performed up to termination of the Contract. Please note that we cannot accept Products returned cash on delivery or with postage payable by the recipient.
The Consumer’s liability for diminished value
The Consumer is liable for diminished value resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the Product.
XXXIV. Cases in which the right of withdrawal cannot be exercised
The Seller expressly draws your attention to the fact that you cannot exercise your right of withdrawal in the cases specified in Section 29(1) of Government Decree 45/2014. (II. 26.):
- In the case of a Contract for the provision of services, after the service has been fully performed, if the undertaking began performance with the Consumer’s express prior consent and the Consumer acknowledged that the right of termination would be lost after full performance of the service.
- In relation to a Product or service whose price or fee depends on fluctuations in the financial market that the undertaking cannot control and that may occur during the withdrawal period.
- In the case of a Product not manufactured in advance, which was produced according to the Consumer’s instructions or at the Consumer’s express request, or a Product clearly personalised for the Consumer.
- In relation to perishable Products or Products with a short shelf life.
- In relation to sealed Products that cannot be returned for health protection or hygiene reasons once unsealed after delivery.
- In relation to Products that, by their nature, become inseparably mixed with other Products after delivery.
- In relation to alcoholic beverages whose actual value depends on market fluctuations beyond the undertaking’s control, whose price was agreed when the sales Contract was concluded, but where performance occurs only after the thirtieth day following conclusion.
- In the case of a service Contract under which the undertaking visits the Consumer at the Consumer’s express request to carry out urgent repair or maintenance work.
- In relation to the sale of sealed audio or video recordings or computer software, if the Consumer unsealed the packaging after delivery.
- In relation to newspapers, journals and periodicals, except subscription Contracts.
- In the case of Contracts concluded at a public auction.
- In the case of Contracts for accommodation other than residential accommodation, transport, car rental, catering or services related to leisure activities, if the Contract specifies a particular date or period of performance.
- In relation to digital content not supplied on a tangible medium, if the undertaking began performance with the Consumer’s express prior consent and, at the time of giving that consent, the Consumer acknowledged that the right of withdrawal would be lost once performance began.
XXXV. Requirements for conformity with the Contract
General conformity requirements for Goods and Goods with digital elements sold under a consumer Contract
At the time of performance, the Product and performance must comply with the requirements of Government Decree 373/2021. (VI. 30.).
For performance to conform to the Contract, the Product covered by the Contract must:
- Correspond to the description, quantity, quality and type specified in the Contract, and have the functionality, compatibility, interoperability and other characteristics specified in the Contract.
- Be suitable for any purpose specified by the Consumer that the Consumer communicated to the Seller no later than conclusion of the Contract and that the Seller accepted.
- Have all accessories and instructions specified in the Contract, including instructions for putting into operation, installation instructions and customer support.
- Provide the updates specified in the Contract.
In addition, for performance to conform to the Contract, the Product covered by the Contract must:
- Be suitable for the purposes required for Products of the same type by legislation, technical standards or, where no technical standard exists, the applicable code of conduct.
- Have the quantity, quality, performance and other characteristics reasonably expected by the Consumer, particularly functionality, compatibility, accessibility, continuity and security, that are usual for Products of the same type, taking into account any public statement about the Product’s specific characteristics made by the Seller, its representative or another person in the chain of sales, particularly in advertising or on a label.
- Have the accessories and instructions reasonably expected by the Consumer, including packaging and instructions for putting into operation.
- Correspond to the characteristics and description of the Product presented by the undertaking as a sample or model, or made available as a trial version, before conclusion of the Contract.
The Product does not have to comply with the above public statement if the Seller proves that:
- It was unaware of the public statement and could not reasonably have been expected to know of it.
- The public statement had already been appropriately corrected by the time the Contract was concluded.
- The public statement could not have influenced the entitled party’s decision to conclude the Contract.
Conformity requirements for the sale of Goods under a consumer Contract
The Seller’s performance is defective if the defect in the Goods results from improper installation, provided that:
- a) Installation forms part of the sales Contract and was carried out by the Seller or under the Seller’s responsibility; or
- b) Installation was to be carried out by the Consumer, and the improper installation resulted from deficiencies in the installation instructions provided by the Seller or, for Goods with digital elements, by the provider of the digital content or digital service.
If the sales Contract provides that the Goods are to be installed by the Seller or under the Seller’s responsibility, the Seller’s performance is considered completed when installation is completed.
If, for Goods with digital elements, the sales Contract provides for the continuous supply of digital content or a digital service over a specified period, the Seller is liable for a defect in the Goods relating 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 delivery of the Goods.
Conformity requirements for Goods with digital elements sold under a consumer Contract
For Goods with digital elements, the Seller must ensure that the Consumer is notified of, and receives, updates to the Goods’ digital content or related digital service, including security updates, that are necessary to maintain the conformity of the Goods.
The Seller must make updates available:
- If the sales Contract provides for a one-off supply of digital content or a digital service, for the period reasonably expected by the Consumer based on the type and purpose of the Goods and digital elements, the individual circumstances and the nature of the Contract; or
- If the sales Contract provides for continuous supply of digital content over a specified period, and that period does not exceed two years, for two years from delivery of the Goods.
If the Consumer does not install updates provided within a reasonable time, the Seller is not liable for a defect in the Goods resulting solely from the failure to apply the relevant update, provided that:
- The Seller informed the Consumer of the availability of the update and the consequences of failing to install it; and
- The Consumer’s failure to install, or incorrect installation of, the update was not caused by deficiencies in the installation instructions provided by the Seller.
Performance cannot be considered defective if, when the Contract was concluded, the Consumer was separately informed that a specific characteristic of the Goods differed from those described here and separately and expressly accepted that deviation when concluding the sales Contract.
XXXVI. Statutory warranty for defects
This section of the consumer information was prepared under the authorisation in Section 9(3) of Government Decree 45/2014. (II. 26.), using Annex 3 to that decree, supplemented by provisions of legislation adopted after the decree entered into force.
Statutory warranty for defects
When may you exercise your statutory warranty rights for defects?
If the Seller’s performance is defective, you may assert a statutory warranty claim for defects against the Seller under the Civil Code and, in the case of a consumer Contract, under Government Decree 373/2021. (VI. 30.).
What rights do you have under a statutory warranty claim for defects?
General rules on statutory warranty rights for defects
You may choose from the following statutory warranty claims for defects:
You may request repair or replacement, unless the remedy you choose is impossible or would result in disproportionate additional costs for the Seller compared with another remedy. If you did not request, or could not request, repair or replacement, you may request a proportionate reduction in the consideration, repair the defect yourself at the Seller’s expense or have it repaired by someone else at the Seller’s expense, or, as a last resort, withdraw from the Contract.
You may switch from your chosen statutory warranty remedy to another, but you bear the cost of switching unless the change was justified or the Seller gave cause for it.
In the case of a consumer Contract, until proven otherwise, a defect identified within one year of delivery of Goods or Goods with digital elements is presumed to have existed at the time of delivery, unless that presumption is incompatible with the nature of the Goods or the defect.
For used Products, warranty and guarantee rights generally differ from the general rules. Defective performance may also arise for used Products, but account must be taken of circumstances under which the Buyer could have expected certain defects. As wear and ageing progress, certain defects occur more frequently, so a used Product cannot be presumed to have the same quality as a newly purchased one. Accordingly, the Buyer may exercise warranty rights only in respect of deficiencies that go beyond defects resulting from use and arose independently of them. If a used Product is defective and the Buyer qualifying as a Consumer was informed of this at the time of purchase, the Service Provider is not liable for the known defect.
For Buyers who do not qualify as Consumers, the period for asserting a statutory warranty claim for defects is 1 year, starting on the day of performance (handover).
Special rules on statutory warranty rights for defects for Goods and Goods with digital elements sold under a consumer Contract
In a Contract between a Consumer and an undertaking for the sale of Goods constituting movable property or the supply of digital content, the Consumer has the rights described under “General rules on statutory warranty rights for defects”, subject to the variations set out in this section.
In a Contract between a Consumer and an undertaking for the sale of Goods constituting movable property or the supply of digital content, the Consumer may not, when exercising statutory warranty rights for defects, repair the defect themselves or have it repaired by someone else at the Seller’s expense.
The Seller may refuse to bring the Goods into conformity if repair or replacement is impossible or would cause disproportionate additional costs for the Seller, taking into account all circumstances, including the value of the Product in a defect-free condition and the seriousness of the breach of Contract.
The Consumer is also entitled to request a proportionate reduction in the consideration or terminate the sales Contract, in accordance with the seriousness of the breach of Contract, if:
- The Seller did not carry out repair or replacement, or did so but failed to comply, in whole or in part, with the following requirements:
- The Seller must arrange the return of replaced Goods at its own expense.
- If repair or replacement requires the removal of Goods installed in accordance with their nature and purpose before the defect became apparent, the obligation to repair or replace includes removal of the non-conforming Goods and installation of the replacement or repaired Goods, or bearing the removal and installation costs.
- The Seller refused to bring the Goods into conformity.
- A further defect in performance arose despite the Seller having attempted to bring the Goods into conformity.
- The defect in performance is serious enough to justify an immediate price reduction or immediate termination of the sales Contract; or
- The Seller did not undertake to bring the Goods into conformity, or it is clear from the circumstances that the undertaking will not do so within a reasonable time or without significant inconvenience to the Consumer.
If the Consumer wishes to terminate the sales Contract because of defective performance, the Seller bears the burden of proving that the defect is minor.
The Consumer is entitled to withhold all or part of the outstanding purchase price, in accordance with the seriousness of the breach of Contract, until the Seller fulfils its obligations regarding conformity and defective performance.
The following rules generally apply:
- The Seller must arrange the return of replaced Goods at its own expense.
- If repair or replacement requires the removal of Goods installed in accordance with their nature and purpose before the defect became apparent, the obligation to repair or replace includes removal of the non-conforming Goods and installation of the replacement or repaired Goods, or bearing the removal and installation costs.
The reasonable period for repairing or replacing the Goods is calculated from the time the Consumer notified the undertaking of the defect.
The Consumer must make the Goods available to the undertaking for repair or replacement.
A reduction in the consideration is proportionate if it equals the difference between the value of the Goods to which the Consumer would have been entitled in the event of conforming performance and the value of the Goods actually received.
The Consumer’s statutory warranty right to terminate the sales Contract may be exercised by a legal statement addressed to the Seller expressing the decision to terminate.
If defective performance affects only certain Goods supplied under the sales Contract and the conditions for exercising the right of termination are met for those Goods, the Consumer may terminate the Contract only in respect of the defective Goods, but may also terminate it in respect of any other Goods acquired together with them if the Consumer cannot reasonably be expected to keep only the conforming Goods.
If the Consumer terminates the sales Contract in full or in respect of some Goods supplied under it:
- The Consumer must return the affected Goods to the Seller at the Seller’s expense; and
- The Seller must promptly refund the price paid for the affected Goods as soon as it receives the Goods or proof supporting their return.
Within what period may you assert a statutory warranty claim for defects?
You must notify the defect without delay after discovering it. A defect notified within two months of discovery is considered notified without delay. However, please note that you may no longer exercise statutory warranty rights for defects after the two-year limitation period from performance of the Contract. If a Contract between a Consumer and an undertaking concerns a used item, the parties may agree on a shorter limitation period, but even in this case a limitation period shorter than one year cannot validly be agreed.
Against whom may you assert a statutory warranty claim for defects?
You may assert your statutory warranty claim for defects against the Seller.
What other conditions apply to exercising your statutory warranty rights for defects?
Within six months of performance (one year in the case of the sale of Goods), notifying the defect is the only condition for asserting a statutory warranty claim for defects, provided you prove that the Product or service was supplied by the Seller. After six months from performance (one year in the case of the sale of Goods), however, you must prove that the defect you identified already existed at the time of performance.
XXXVII. Product warranty
When may you exercise your product warranty rights?
In the event of a defect in movable property (a Product), you may choose to assert either a statutory warranty claim for defects or a product warranty claim.
What rights do you have under a product warranty claim?
Under a product warranty claim, you may request only repair or replacement of the defective Product.
When is a Product considered defective?
A Product is defective if it does not meet the quality requirements applicable when it was placed on the market or does not have the characteristics described by the manufacturer.
Within what period may you assert a product warranty claim?
You may assert a product warranty claim within two years of the manufacturer placing the Product on the market. You lose this entitlement once that period expires.
Against whom and under what other conditions may you assert a product warranty claim?
You may exercise a product warranty claim only against the manufacturer or distributor of the movable item. When asserting a product warranty claim, you must prove the Product’s defect.
When is the manufacturer (distributor) exempt from its product warranty obligation?
The manufacturer (distributor) is exempt from its product warranty obligation only if it can prove that:
- It did not manufacture or place the Product on the market in the course of its business activities; or
- The defect could not have been detected according to the state of scientific and technical knowledge when the Product was placed on the market; or
- The Product’s defect results from compliance with legislation or a mandatory official requirement.
To obtain exemption, the manufacturer (distributor) need prove only one of these grounds.
Please note that you cannot assert statutory warranty claims for defects and product warranty claims simultaneously for the same defect. However, if your product warranty claim is successfully enforced, you may assert your statutory warranty claim for defects against the manufacturer in respect of the replaced Product or repaired part.
XXXVIII. Guarantee
When may you exercise your guarantee rights?
Under Government Decree 151/2003. (IX. 22.) on the mandatory guarantee for certain durable consumer Goods, the Seller must provide a guarantee when selling the new durable consumer Goods listed in Annex 1 to the decree (such as technical equipment, tools and machinery), together with their accessories and components within the scope specified there (referred to collectively as consumer Goods in this section).
The Seller may also voluntarily provide a guarantee, in which case it must give a guarantee statement to the Buyer qualifying as a Consumer.
The guarantee statement must be made available to the Consumer on a durable medium no later than delivery of the Goods.
The guarantee statement must include:
- A clear statement that, in the event of defective performance of the Goods, the Consumer may exercise statutory warranty rights for defects free of charge and that those rights are not affected by the guarantee.
- The name and address of the guarantor.
- The procedure the Consumer must follow to enforce the guarantee.
- Identification of the Goods covered by the guarantee.
- The guarantee’s conditions.
What rights do you have, and within what period, under a mandatory guarantee?
Guarantee rights
Under the guarantee, the Buyer may generally request repair or replacement, repair the defect themselves or have it repaired at the expense of the party obliged to provide the guarantee, request a price reduction, or ultimately withdraw from the Contract if the obliged party has not undertaken repair or replacement, cannot fulfil that obligation within an appropriate period while respecting the entitled party’s interests, or if the entitled party’s interest in repair or replacement has ceased.
The Buyer may, at their choice, assert a repair claim directly at the Seller’s registered office, any place of business or branch, or at the repair service identified by the Seller on the guarantee certificate.
Claim period
A guarantee claim may be asserted during the guarantee period. Under Government Decree 151/2003. (IX. 22.), the guarantee period is:
- Two years for a sale price exceeding HUF 10,000 but not exceeding HUF 250,000.
- Three years for a sale price exceeding HUF 250,000.
Failure to meet these deadlines results in loss of the right. However, where consumer Goods are repaired, the guarantee period is extended, from the date of handover for repair, by the period during which the Buyer could not use the consumer Goods as intended because of the defect.
The guarantee period begins when the consumer Goods are handed over to the Buyer or, if put into operation by the Seller or its agent, on the day they are put into operation.
If the Buyer has the consumer Goods put into operation more than six months after handover, the guarantee period starts on the date of handover.
XXXIX. Rules for handling guarantee claims
When handling a repair, the Seller must endeavour to complete it within 15 days. The repair period begins upon receipt of the consumer Goods.
If repair or replacement takes more than fifteen days, the Seller must inform the Buyer of the expected duration of the repair or replacement.
If, during the guarantee period, the Seller determines during the first repair that the consumer Goods cannot be repaired, the Seller must replace them within eight days unless the Buyer instructs otherwise. If replacement is not possible, the Seller must refund the purchase price shown on the proof of payment presented by the Consumer — the invoice or receipt issued under the Value Added Tax Act — within eight days.
By accepting the GTC, the Buyer consents to receiving this information electronically or by another method capable of proving receipt by the Buyer.
If the Seller cannot repair the consumer Goods within 30 days:
- If the Buyer consents, repair may be completed by a later deadline; or
- If the Buyer does not consent to later repair or makes no statement on the matter, the consumer Goods must be replaced within eight days after the thirty-day deadline expires without successful repair; or
- If the Buyer does not consent to later repair or makes no statement on the matter, and replacement is also impossible, the sale price shown on the invoice or receipt for the consumer Goods must be refunded within eight days after the thirty-day deadline expires without successful repair.
If the consumer Goods become defective for the fourth time, the Buyer is entitled:
- To submit a repair claim to the Seller; or
- Instead of repair, to request a proportionate reduction in the purchase price from the Seller under Section 6:159(2)(b) of Act V of 2013 on the Civil Code; or
- Instead of repair, to repair the consumer Goods themselves or have them repaired by someone else at the Seller’s expense under 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 repair by another person at the Seller’s expense), or makes no statement concerning them, the consumer Goods must be replaced within 8 days. If replacement is not possible, the sale price shown on the invoice or receipt must be refunded within eight days.
Exceptions
The provisions under “Rules for handling guarantee claims” do not apply to electric bicycles, electric scooters, quad bikes, motorcycles, mopeds, passenger cars, motorhomes, caravans, trailer caravans, trailers or motorised watercraft.
For these Products, the Seller must nevertheless endeavour to fulfil a repair claim within 15 days.
If repair or replacement takes more than fifteen days, the Seller must inform the Buyer of the expected duration of the repair or replacement.
XXXX. How does the guarantee relate to other warranty rights?
The guarantee applies alongside warranty rights (product warranty and statutory warranty for defects). The fundamental difference between general warranty rights and the guarantee is that the burden of proof is more favourable to the Consumer in the case of a guarantee.
Consumer Goods subject to the mandatory guarantee under Government Decree 151/2003 that are permanently connected, weigh more than 10 kg or cannot be carried as hand luggage on public transport must be repaired at their place of operation, except vehicles. If repair cannot be carried out there, the undertaking must arrange removal and reinstallation and transport to and from the repair location or, where a repair claim is asserted directly with a repair service, that repair service must make these arrangements.
During the mandatory guarantee period, the Seller’s undertaking may not impose conditions on the Consumer that are less favourable than the rights provided by the mandatory guarantee rules. After that period, the conditions of a voluntary guarantee may be determined freely, but even then the guarantee may not affect the Consumer’s statutory rights, including the existence of rights based on statutory warranty for defects.
XXXXI. Replacement claims within three working days
The right to claim replacement within three working days also applies to the ordering and sale of Products selected on the Website. A replacement claim within three working days may be asserted for new durable consumer Goods covered by Government Decree 151/2003. (IX. 22.). Under this rule, if someone asserts a replacement claim within 3 working days, the Seller must regard the Product as having already been defective when sold and must replace it without further conditions.
XXXXII. When is the Seller exempt from its guarantee obligation?
The Seller is exempt from its guarantee obligation only if it proves that the cause of the defect arose after performance.
Please note that you cannot assert statutory warranty claims for defects and guarantee claims, or product warranty claims and guarantee claims, simultaneously for the same defect. Otherwise, however, your rights under the guarantee apply independently of your warranty entitlements.
