General Terms and Conditions – FlexCom Kommunikációs Kft.

TERMS AND CONDITIONS

Preamble

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

These Terms and Conditions have been prepared in accordance with the applicable legal regulations.

If you have any questions regarding these Terms and Conditions, the use of the website, specific products, the purchasing process, or if you wish to discuss an individual request, please contact our staff via the provided contact details!

Impressum: Provider Details (Seller, Company)

  • Company Name / Operator: FlexCom Kommunikációs Kft.
  • Registered Office: Hungary, 2151 Fót, Szent Imre utca 94.
  • Mailing Address: Hungary, 2151 Fót, Szent Imre utca 94.
  • Branch & WebShop Pickup Point: Hungary, 2151 Fót, Móricz Zsigmond út 45.
  • Registry Court: Budapest Környéki Törvényszék Cégbírósága / Company Registry Court of Budapest-Environs
  • Company Registration Number: 13-09-172503
  • Tax ID: 23098976-2-13
  • VAT ID: HU23098976
  • Legal Representative: Horváth Zoltán
  • Phone: +36 70 333 3525
  • E-mail: info@gpstrackershop.eu
  • Website: gpstrackershop.eu
  • OTP Bank BIC/SWIFT: OTPV-HU-HB
  • OTP Bank IBAN (HUF): HU88 1171 4006 2044 8255 0000 0000
  • OTP Bank IBAN (EUR): HU32 1176 3141 3134 3886 0000 0000
  • Revolut Bank IBAN: LT40 3250 0855 1342 3279
  • Revolut Bank BIC/SWIFT: REVOLT21
  • MagnetBank IBAN: HU15 1620 0230 1004 4616 0000 0000
  • MagnetBank BIC/SWIFT: HBWEHUHB
  • Data Protection Registration Number: NAIH-58721/2012

Hosting Provider

  • Name: FlexCom Kommunikációs Kft.
  • Registered Office: Hungary, 2151 Fót, Szent Imre utca 94.
  • Contact: info@gpstrackershop.eu
  • Website: gpstrackershop.eu

Definitions

  • Goods: any movable item included in the Website's offer and intended for sale on the Website, including goods containing digital elements
  • Goods containing digital elements: any movable item that incorporates or is inter-connected with digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions
  • Digital content: data produced and supplied in digital form
  • Parties: the Seller and the Buyer collectively
  • Consumer: a natural person acting outside the scope of their profession, independent occupation, or business activity
  • Consumer contract: a contract in which one of the parties qualifies as a consumer
  • Functionality: the ability of the goods containing digital elements, digital content, or digital services to perform their functions according to their purpose
  • Manufacturer: the producer of the Goods; in the case of imported Goods, the importer who brings the Goods into the territory of the European Union; as well as any person who presents themselves as a manufacturer by indicating their name, trademark, or other distinguishing mark on the Goods
  • Interoperability: the ability of the goods containing digital elements, digital content, or digital services to work with hardware and software different from those with which goods, digital content, or digital services of the same type are normally used
  • Compatibility: the ability of the goods containing digital elements, digital content, or digital services to work with hardware or software with which goods, digital content, or digital services of the same type are normally used, without the need for conversion
  • Website: the present website, which serves for the conclusion of the contract
  • Contract: a sales contract concluded between the Seller and the Buyer through the use of the Website and electronic mail
  • Durable medium: any instrument which enables the consumer or the business to store information addressed personally to them in a way accessible for future reference and for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the stored information
  • Means of distance communication: an instrument capable of making a contractual statement in the absence of the parties for the purpose of concluding a contract. Such instruments include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in press products with order forms, catalogs, telephones, faxes, and instruments providing internet access
  • Distance contract: a consumer contract concluded under a organized distance sales system for the provision of the Goods or services under the contract, without the simultaneous physical presence of the parties, where the contracting parties use exclusively means of distance communication for the purpose of concluding the contract
  • Enterprise (Business): a person acting within the scope of their profession, independent occupation, or business activity
  • Buyer/You: the person concluding a contract by making a purchase offer through the Website
  • Seller: the person concluding a contract by making an invitation to offer through the Website
  • Guarantee: in the case of contracts concluded between a consumer and an enterprise (hereinafter: consumer contract), the guarantee for the performance of the contract as per the Civil Code, which the enterprise voluntarily undertakes for the proper performance of the contract beyond its legal obligation or in the absence thereof, as well as the mandatory legal guarantee based on legislation
  • Purchase price: the consideration payable for the Goods and for the provision of digital content.

Relevant Legislation

The Contract is governed by the provisions of Hungarian law, and in particular, the following legislations apply:

  • Act CLV of 1997 on Consumer Protection
  • Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services
  • Act V of 2013 on the Civil Code
  • Government Decree 151/2003 (IX.22.) on Mandatory Guarantees for Durable Consumer Goods
  • IM Decree 10/2024 (VI.28.) on the Definition of the Scope of Durable Consumer Goods Subject to Mandatory Guarantee
  • Government Decree 45/2014 (II.26.) on the Detailed Rules of Contracts between Consumers and Businesses
  • NGM Decree 19/2014 (IV.29.) on the Procedural Rules for Handling Warranty and Guarantee Claims for Items Sold under a Contract between a Consumer and a Business
  • Act LXXVI of 1999 on Copyright
  • Act CXII 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 of 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 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 Directive 95/46/EC (General Data Protection Regulation)
  • Government Decree 373/2021 (VI. 30.) on the Detailed Rules of Contracts between Consumers and Businesses for the Sale of Goods and the Supply of Digital Content and Digital Services

Scope of the General Terms and Conditions

The content of the contract concluded between us is determined—alongside the provisions of the relevant mandatory legislation—by these General Terms and Conditions (hereinafter: GTC). Accordingly, these GTC contain the rights and obligations pertaining to You and us, the conditions for the conclusion of the contract, performance deadlines, delivery and payment terms, liability rules, and the conditions for exercising the right of withdrawal.

The technical information required for the use of the Website, which is not contained in these GTC, is provided by other information available on the Website.

Language of the Contract, Form of the Contract

The language of the contracts falling under the scope of these GTC is Hungarian.

Contracts falling under the scope of these GTC do not constitute written contracts, and they are not filed by the Seller.

Prices

Prices include the Value Added Tax (VAT) applicable in the country of destination, in accordance with applicable laws. The Seller reserves the right to modify prices for business policy reasons. Price changes do not apply to contracts already concluded. If the Seller has displayed the price incorrectly and an order has been received for the Product, but no contract has been concluded between the parties, the Seller shall proceed in accordance with the "Procedure for incorrect price" section of the GTC.

Procedure in Case of Incorrect Price

The following shall be deemed an obviously incorrectly displayed price:

  • a price set at a value of 0 (zero),
  • a price that strikingly deviates from the market value and is unrealistically low due to an error or system failure (e.g., a fraction of the well-known, generally accepted price of the Goods),
  • an incorrectly calculated discounted price, where the amount payable, based on the original price and the rate of the displayed discount, is mathematically demonstrably erroneous.

In the event of such an incorrect price being displayed, the Seller shall offer the opportunity to purchase the Goods at their real price. Armed with this information, the Buyer can decide whether to order the Goods at the real price or choose not to take advantage of this option, in which latter case no contract is concluded between the Parties.

Complaint Handling and Legal Enforcement Options

The consumer may submit a claim for implied warranty, product warranty, or guarantee related to the Goods, or a complaint (consumer complaint as per the Consumer Protection Act) aimed at terminating an individual infringement of rights or interests concerning the conduct, activity, or omission of the Seller, or a person acting on behalf of or for the benefit of the Seller, directly related to the distribution or sale of the goods to consumers, through the following contact details and methods:

  • In writing via the following website: gpstrackershop.eu
  • In writing via the following email address: info@gpstrackershop.eu
  • In writing by post: FlexCom Kommunikációs Kft., 2151 Fót, Szent Imre utca 94., Hungary
  • In person, orally, via the following phone numbers: +36 70 333 3525

The Seller is obliged to handle the consumer's implied warranty, product warranty, or guarantee claim not according to the rules of the Consumer Protection Act for handling consumer complaints, but according to separate legislation.

The consumer may communicate their complaint under the Consumer Protection Act—which is a grievance aimed at terminating an individual infringement of rights or interests regarding the conduct, activity, or omission of the business or a person acting on behalf of or for the benefit of the business, directly related to the distribution or sale of the goods to consumers, excluding implied warranty, product warranty, or guarantee claims—orally or in writing to the business.

The Seller shall immediately investigate the oral complaint and remedy it as necessary. If the consumer does not agree with the handling of the complaint, or if immediate investigation of the complaint is not possible, the Seller shall immediately record a report on the complaint and its position regarding it, and shall provide a copy of it to the consumer on the spot in the case of an oral complaint made in person; in the case of an oral complaint made by telephone or using other electronic communication services, the Seller shall send it to the consumer within 30 days at the latest—in accordance with the regulations for the response to a written complaint—simultaneously with the substantive response. The report recorded on the complaint must contain the following:

  • the name, home address, or electronic mail address of the consumer,
  • the place, time, and method of submission of the complaint,
  • a detailed description of the consumer's complaint, a list of documents, files, and other evidence presented by the consumer,
  • the statement of the business regarding its position on the consumer's complaint, provided that immediate investigation of the complaint is possible,
  • the signature of the person recording the report and—except for oral complaints made by telephone or using other electronic communication services—the signature of the consumer,
  • the place and time of recording the report,
  • in the case of an oral complaint made by telephone or using other electronic communication services, the unique identification number of the complaint, and
  • a warning that if the consumer does not provide the data contained in points a. and c. during the recording of the report, or refuses to sign the report, the Seller shall omit the application of the response regulations pertaining to written complaints during the handling of the oral complaint.

If the consumer does not provide the data specified in points a) and c) above during the communication of the oral complaint, or refuses to sign the report, the business is not obliged to proceed according to the response regulations for written complaints during the handling of the oral complaint.

The Seller is obliged to respond to a written complaint in writing in a substantively verifiable manner within thirty days after its receipt—unless a directly applicable legal act of the European Union provides otherwise—and to take measures for its communication. The Seller is obliged to justify its position rejecting the complaint. In the event of rejection of the complaint, the Seller is obliged to inform the consumer in writing about which authority or conciliation board procedure they may initiate with their complaint—depending on its nature. The information must also include the seat, telephone and internet contact details, and mailing address of the competent authority or the conciliation board based on the consumer's place of residence, place of stay, or seat, as well as whether the Seller has made a general declaration of submission.

If the Seller provides an electronic interface or form for reporting a written complaint, it is obliged to immediately acknowledge the receipt of the written complaint via the electronic mail address provided by the consumer.

The Seller is obliged to keep the report recorded on the oral complaint or the written complaint, as well as a copy of its substantive response to the complaint, for three years and to present it upon the request of the supervisory authority.

If a potential consumer dispute between the Seller and the consumer is not settled during negotiations, the following legal enforcement options are open to the consumer:

Consumer Protection Procedure

Lodging a complaint with the consumer protection authorities is possible. If the consumer detects a violation of their consumer rights, they are entitled to turn with a complaint to the consumer protection authority competent according to their place of residence. Following the assessment of the complaint, the authority decides on the conduct of the consumer protection procedure. The first-instance consumer protection authority tasks are performed by the metropolitan and county government offices competent according to the consumer's place of residence; their contact details can be found here:

Government Office of the Capital City Budapest, Department of Consumer Protection

  • Address: 4/b Prielle Kornélia Street, Budapest, 1117, Hungary
  • E-mail: fogyasztovedelem@bfkh.gov.hu
  • Phone number: +36 1 450-2598
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/budapest/megye/szervezet/fogyasztovedelmi-foosztaly
  • Jurisdiction: Territory of the capital city Budapest

Pest County Government Office, Department of Consumer Protection

  • Address: 10-12 Nagy Diófa Street, Budapest, 1072, Hungary
  • E-mail: fogyved@pest.gov.hu
  • Phone number: +36 1 459 4843
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/pest/megye/szervezet/fogyasztovedelmi-foosztaly
  • Jurisdiction: Pest County

Bács-Kiskun County Government Office, Consumer Protection Unit

  • Address: 19/A Szent István krt., Kecskemét, 6000, Hungary
  • Mailing address: P.O. Box 189, Kecskemét, 6001, Hungary
  • E-mail: fogyasztovedelem@bacs.gov.hu
  • Phone number: +36 76 795 710
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/bacs-kiskun/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi
  • Jurisdiction: Bács-Kiskun County

Baranya County Government Office, Consumer Protection Unit

  • Address: 2 Hengermalom Street, Pécs, 7630, Hungary
  • Mailing address: 2 Hengermalom Street, Pécs, 7630, Hungary
  • E-mail: fogyasztovedelem@baranya.gov.hu
  • Phone number: +36 72 795 398
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/baranya/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
  • Jurisdiction: Baranya County

Békés County Government Office, Consumer Protection Unit

  • Address: 2-4 József Attila Street, Békéscsaba, 5600, Hungary
  • Mailing address: 2-4 József Attila Street, Békéscsaba, 5600, Hungary
  • E-mail: fogyved@bekes.gov.hu
  • Phone number: +36 66 546 150
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/bekes/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi
  • Jurisdiction: Békés County

Borsod-Abaúj-Zemplén County Government Office, Consumer Protection Unit

  • Address: 20 József Attila Street, Miskolc, 3527, Hungary
  • E-mail: fogyasztovedelem@borsod.gov.hu
  • Phone number: +36 46 795 779
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/borsod-abauj-zemplen/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi
  • Jurisdiction: Borsod-Abaúj-Zemplén County

Csongrád-Csanád County Government Office, Consumer Protection Unit

  • Address: 1 Rákóczi Square, Szeged, 6722, Hungary
  • Mailing address: 1 Rákóczi Square, Szeged, 6722, Hungary
  • E-mail: fogyasztovedelem@csongrad.gov.hu
  • Phone number: +36 62 680 532
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/csongrad-csanad/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
  • Jurisdiction: Csongrád-Csanád County

Fejér County Government Office, Consumer Protection Unit

  • Address: 8 Honvéd Street, Székesfehérvár, 8000, Hungary
  • E-mail: fogyved@fejer.gov.hu
  • Phone number: +36 22 501 751
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/fejer/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
  • Jurisdiction: Fejér County

Győr-Moson-Sopron County Government Office, Consumer Protection Unit

  • Address: 7 Türr István Street, Győr, 9022, Hungary
  • E-mail: fogyasztovedelem@gyor.gov.hu
  • Phone number: +36 96 795 950
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/gyor-moson-sopron/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
  • Jurisdiction: Győr-Moson-Sopron County

Hajdú-Bihar County Government Office, Consumer Protection Unit

  • Address: 46 Széchenyi Street, Debrecen, 4025, Hungary
  • Mailing address: 46 Széchenyi Street, Debrecen, 4025, Hungary
  • E-mail: fogyasztovedelem@hajdu.gov.hu
  • Phone number: +36 52 533 924
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/hajdu-bihar/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
  • Jurisdiction: Hajdú-Bihar County

Heves County Government Office, Consumer Protection Unit

  • Address: 9 Kossuth L. Street, Eger, 3300, Hungary
  • Mailing address: P.O. Box 216, Eger, 3301, Hungary
  • E-mail: fogyved@heves.gov.hu
  • Phone number: +36 (36) 515-469
  • Fax: +36 (36) 516-040
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/heves/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi
  • Jurisdiction: Heves County

Jász-Nagykun-Szolnok County Government Office, Consumer Protection Unit

  • Address: 8 Indóház Street, Szolnok, 5000, Hungary
  • E-mail: jasz.fogyved@jasz.gov.hu
  • Phone number: +36 56/795-165
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/jasz-nagykun-szolnok/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi
  • Jurisdiction: Jász-Nagykun-Szolnok County

Komárom-Esztergom County Government Office, Consumer Protection Unit

  • Address: 2 Bárdos László Street, Tatabánya, 2800, Hungary
  • E-mail: fogyasztovedelem.meff@komarom.gov.hu
  • Phone number: +36 34 309-303
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/komarom-esztergom/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es
  • Jurisdiction: Komárom-Esztergom County

Nógrád County Government Office, Consumer Protection Unit

  • Address: 54 Karancs Road, Salgótarján, 3100, Hungary
  • E-mail: fogyved@nograd.gov.hu
  • Phone number: +36 32 511 116
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/nograd/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi
  • Jurisdiction: Nógrád County

Somogy County Government Office, Consumer Protection Unit

  • Address: 2 Vásártéri Road, Kaposvár, 7400, Hungary
  • E-mail: fogyasztovedelem@somogy.gov.hu
  • Phone number: +36 82 510 868
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/somogy/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
  • Jurisdiction: Somogy County

Szabolcs-Szatmár-Bereg County Government Office, Consumer Protection Unit

  • Address: 10 Hatzel Square, Nyíregyháza, 4400, Hungary
  • Mailing address: P.O. Box 77, Nyíregyháza, 4401, Hungary
  • E-mail: fogyasztovedelem@szabolcs.gov.hu
  • Phone number: +36 42 500 694
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/szabolcs-szatmar-bereg/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es
  • Jurisdiction: Szabolcs-Szatmár-Bereg County

Tolna County Government Office, Consumer Protection Unit

  • Address: 3 Kiskorzó Square, Szekszárd, 7100, Hungary
  • E-mail: fogyasztovedelem@tolna.gov.hu
  • Phone number: +36 74 795-385
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/tolna/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
  • Jurisdiction: Tolna County

Vas County Government Office, Consumer Protection Unit

  • Address: 7 Wesselényi Street, Szombathely, 9700, Hungary
  • Mailing address: P.O. Box 24, Szombathely, 9702, Hungary
  • E-mail: fogyasztovedelem@vas.gov.hu
  • Phone number: +36 70-705-1435
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/vas/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-meresugyi-es
  • Jurisdiction: Vas County

Veszprém County Government Office, Consumer Protection Unit

  • Address: 1 Kistó Street, Veszprém, 8200, Hungary
  • Mailing address: 1 Kistó Street, Veszprém, 8200, Hungary
  • E-mail: fogyasztovedelem@veszprem.gov.hu
  • Phone number: +36 88 550 510
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/veszprem/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi
  • Jurisdiction: Veszprém County

Zala County Government Office, Consumer Protection Unit

  • Address: 22 Pintér Máté Street, Zalaegerszeg, 8900, Hungary
  • Mailing address: 22 Pintér Máté Street, Zalaegerszeg, 8900, Hungary
  • E-mail: fogyasztovedelem.zala@zala.gov.hu
  • Phone number: +36 92 510 530
  • Website: https://kormanyhivatalok.hu/kormanyhivatalok/zala/megye/szervezet/kozlekedesi-muszaki-engedelyezesi-es-fogyasztovedelmi
  • Jurisdiction: Zala County

Court Proceedings

The Customer is entitled to enforce their claims arising from a consumer dispute before a court in civil proceedings, in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

Conciliation Board Procedure

If your consumer complaint is rejected, you are entitled to turn to the Conciliation Board (Békéltető Testület) competent according to your place of residence, stay, or registered office, or the board designated by you in the application. A prerequisite for initiating the conciliation board procedure is that the consumer attempts to settle the dispute directly with the business concerned.

The conciliation board – unless the consumer requests a personal hearing – shall hold the hearing online without personal presence, via an electronic device ensuring simultaneous audio and video transmission (hereinafter: online hearing).

The business has an obligation to cooperate in the conciliation board procedure; within this framework, we are obliged to send our written response to the conciliation board within the specified deadline upon the board's request. 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 business is obliged to ensure the participation of a person authorized to reach an agreement at the hearing. In the case of an online hearing, the authorized representative of the business must participate online. If the consumer requests a personal hearing, the authorized representative of the business must participate at least online in the hearing.

The Seller has not made a general declaration of submission to the conciliation board.

More information about the Conciliation Boards is available here: https://www.bekeltetes.hu

Contact details of the territorially competent Conciliation Boards:

Budapest Conciliation Board

  • Registered Office: Budapest
  • Area of Competence: Budapest
  • Address: Hungary, 1016 Budapest, Krisztina körút 99. Floor I, Room 111.
  • Mailing Address: Hungary, 1253 Budapest, Pf.:10.
  • Phone Number: +36-1-488-2131
  • E-mail: bekelteto.testulet@bkik.hu
  • Website: bekeltet.bkik.hu

Baranya County Conciliation Board

  • Registered Office: Pécs
  • Area of Competence: Baranya County, Somogy County, Tolna County
  • Address: Hungary, 7625 Pécs, Majorossy I. utca 36.
  • Phone Number: +36-72-507-154
  • E-mail: info@baranyabekeltetes.hu
  • Website: baranyabekeltetes.hu

Borsod-Abaúj-Zemplén County Conciliation Board

  • Registered Office: Miskolc
  • Area of Competence: Borsod-Abaúj-Zemplén County, Heves County, Nógrád County
  • Address: Hungary, 3525 Miskolc, Szentpáli utca 1.
  • Phone Number: +36-46-501-091
  • E-mail: bekeltetes@bokik.hu
  • Website: bekeltetes.borsodmegye.hu

Csongrád-Csanád County Conciliation Board

  • Registered Office: Szeged
  • Area of Competence: Békés County, Bács-Kiskun County, Csongrád-Csanád County
  • Address: Hungary, 6721 Szeged, Párizsi körút 8-12.
  • Phone Number: +36-62/549-392
  • E-mail: bekelteto.testulet@cskik.hu
  • Website: bekeltetes-csongrad.hu

Fejér County Conciliation Board

  • Registered Office: Székesfehérvár
  • Area of Competence: Fejér County, Komárom-Esztergom County, Veszprém County
  • Address: Hungary, 8000 Székesfehérvár, Hosszúsétatér 4-6.
  • Phone Number: +36-22-510-310
  • E-mail: bekeltetes@fmkik.hu
  • Website: www.bekeltetesfejer.hu

Győr-Moson-Sopron County Conciliation Board

  • Registered Office: Győr
  • Area of Competence: Győr-Moson-Sopron County, Vas County, Zala County
  • Address: Hungary, 9022 Győr, Szent István út 10/a.
  • Phone Number: +36-96-520-217
  • E-mail: bekelteto.testulet@gymsmkik.hu
  • Website: bekeltetesgyor.hu

Hajdú-Bihar County Conciliation Board

  • Registered Office: Debrecen
  • Area of Competence: Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County
  • Address: Hungary, 4025 Debrecen, Vörösmarty utca 13-15.
  • Phone Number: +36-52-500-710, +36 52 500 745
  • E-mail: bekelteto@hbkik.hu
  • Website: hbmbekeltetes.hu

Pest County Conciliation Board

  • Registered Office: Budapest
  • Area of Competence: Pest County
  • Address: Hungary, 1055 Budapest, Balassi Bálint utca 25. IV/2.
  • Phone Number: +36-1-792-7881
  • E-mail: pmbekelteto@pmkik.hu
  • Website: panaszrendezes.hu

Conciliation Board Procedures for Persons not Qualifying as Consumers

Based on the Act on Consumer Protection, the following shall qualify as a consumer in terms of Conciliation Board procedures:

  • civil organizations, ecclesiastical legal entities, condominiums, and housing cooperatives acting for purposes falling outside their independent profession and economic activity, who buy, order, receive, use, or make use of goods, or are the addressees of commercial communication or offers related to goods; furthermore
  • micro, small, and medium-sized enterprises (hereinafter collectively: SMEs) that use public services or purchase, use, or make use of products within the framework of retail activities as defined by the Act on Commerce, or are the addressees of commercial communication or offers related to the product;
  • enterprises qualifying as buyers under Regulation (EU) 2018/302 of the European Parliament and of the Council of 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.

The Conciliation Board is entitled to verify and examine the existence of consumer status. Regarding procedural rules, the regulations described under the Conciliation Board section shall apply.

Copyrights

According to Section 1(1) of Act LXXVI of 1999 on Copyright (hereinafter: Copyright Act), the website is considered a copyrighted work; therefore, every part of it is under copyright protection. Based on Section 16(1) of the Copyright Act, the unauthorized use of graphic and software solutions, or computer program creations found on the website, as well as the use of any application capable of modifying the website or any part of it, is prohibited. Any material taken from the website or its database may only be used with the written consent of the rights holder and even then, only with reference to the website and indication of the source. The rights holder is: FlexCom Kommunikációs Kft.

"Consumer Friendly" Reviews

We inform Buyers that the Seller utilizes the "Consumer Friendly" review system on its Website. The review system allows for the evaluation of the Seller (the webshop) rather than individual Goods. In the review system, the following technical measures ensure that only actual customers can submit evaluations:

  • the system operates independently of the webshop using it, such that the evaluation WIDGET opens only after a purchase, and the submitted evaluations are stored by "Consumer Friendly" (JUTASA Kft.) in its own system.
  • opinions can only be submitted via an email sent to the email address provided to "Consumer Friendly" after the purchase, allowing the actual buyer to write a review.

The webshop using the evaluation system has no technical means to delete evaluations or opinions. Consequently, the system only contains ratings and opinions from real customers, and the system does not differentiate between positive and negative opinions, displaying both equally.

Partial Invalidity, Code of Conduct

If any point of the GTC is legally incomplete or ineffective, the remaining points of the contract shall remain in force, and the provisions of the relevant legislation shall apply instead of the ineffective or erroneous part.

The Seller does not have a code of conduct as defined by the Act on the Prohibition of Unfair Commercial Practices against Consumers.

Information on Essential Properties of the Goods

On the website, information regarding the essential properties of the Goods available for purchase is provided in the descriptions for each specific item.

Correction of Data Entry Errors - Responsibility for the Authenticity of Provided Data

During the ordering process, you have a continuous opportunity to modify the data you entered before finalizing the order (clicking the "back" button in the browser opens the previous page, so data can be corrected even if you have already moved to the next page). Please note that it is your responsibility to ensure that the data you provide is entered accurately, as the Goods will be invoiced and shipped based on the data you provide. We draw your attention to the fact that an incorrectly provided email address or a full mailbox may result in the failure to deliver the confirmation and prevent the conclusion of the contract. If the Buyer has finalized the order and discovers an error in the provided data, they must initiate a modification of the order as soon as possible. The Buyer may notify the Seller of the modification of a faulty order via an email sent from the address provided at the time of the order or via a telephone call.

Use of the Website

Purchasing is subject to registration.

The Purchase Process

Selection of the Product

By clicking on the product categories on the website, you can select the desired product family and the individual products within it. By clicking on individual products, you will find the product photo, article number, description, and price. In the event of a purchase, you are required to pay the price indicated on the website.

Adding to Cart

After selecting the Product, you can place any number of products into the cart by clicking the "Add to Cart" button without creating any purchase or payment obligation, as adding to the cart does not constitute an offer.

We recommend adding products to the cart even if you are not sure you wish to purchase them, as this provides a one-click overview of your selected products on a single screen for comparison. The contents of the Cart can be freely modified until the order is finalized—before pressing the "Finalize Order" button; products can be removed, new products can be added, or the desired quantity can be changed.

If you place a selected product in the Cart, a separate window will pop up with the text "Product added to cart." If you do not wish to select more products, click the "Proceed to Cart" button. If you want to view the selected product again or add another product, click the "Back to Product" button.

Viewing the Cart

While using the website, you can check the contents of your cart at any time by clicking the "View Cart" icon at the top of the page. Here you have the option to remove selected products or change the quantity. After clicking the "Update Cart" button, the system will display information corresponding to your changes, including the price of the products in the cart.

If you do not wish to select further products, you can continue the purchase by pressing the "Order" button.

Providing Customer Data

After pressing the "Order" button, the contents of the cart and the total purchase price payable will appear. In the "Shipping Service" box, you must indicate whether you wish to collect the ordered product in person (personal collection) or request delivery. In the case of delivery, the system indicates the shipping fee, which you are obliged to pay upon ordering.

In the "User Data" box, you can enter your email address, and in the "Billing Information" box, your full name, address, and phone number. In the "Shipping Information" box, the system automatically stores the data provided under "Billing Information." If you request delivery to a different address, please remove the checkmark. In the "Comment" box, you may optionally provide additional information.

Reviewing the Order

After filling in the text boxes, you can continue the ordering process by clicking "Continue to next step," or delete/correct the data entered so far by clicking "Cancel" to return to the Cart content. By clicking "Continue to next step," you will arrive at the "Order Overview" page. Here you can see a summary of the data previously provided, including the Cart contents, user, billing, and shipping data, and the total amount to be paid (you cannot change these data here, only by clicking the "Back" button).

Finalizing the Order (Making an Offer)

If you are satisfied that the contents of the cart correspond to the Goods you wish to order and your data is correct, you can conclude your order by clicking the "I Order" button. The information provided on the website does not constitute an offer by the Seller to conclude a contract. For orders falling under these GTC, you are considered the offeror.

By pressing the "I Order" button, you expressly acknowledge that your offer is considered made, and your declaration—subject to confirmation by the Seller according to these GTC—entails a payment obligation. The Seller is obliged to immediately acknowledge the arrival of the Buyer's order electronically. If this confirmation does not reach the Buyer within a reasonable timeframe depending on the nature of the service, but no later than 48 hours from the time the order was sent, the Buyer shall be released from the binding offer or contractual obligation.

Processing of Orders and Conclusion of the Contract

The processing of orders takes place in two stages. You may place an order at any time. You will first receive an automated response regarding the order, which only records the fact that your order has been received via the website, but this confirmation does not constitute acceptance of your offer. If you notice that the automated confirmation email contains incorrect data (e.g., name, shipping address, phone number, etc.), you are obliged to immediately notify us of this fact via email while providing the correct data. If you do not receive the automated confirmation email within 24 hours of your order, please contact us, as it is possible your order did not reach our system due to technical reasons.

The Seller confirms your offer via a second email after your offer has been sent. The contract is concluded when the confirmation email sent by the Seller becomes accessible to you in your mailing system (second confirmation, acceptance of offer).

Procedure for Unclaimed Packages

If the Buyer does not take delivery of the ordered Goods handed over for shipping and does not indicate their intention to withdraw without justification within 14 days as provided by law, they breach the contract concluded with the Seller, under which they are obligated to receive the Goods and thereby accept the Seller's performance. In this case, the Seller will attempt redelivery if it can be coordinated with the Buyer, but may condition redelivery on the payment of a shipping fee. If redelivery is unsuccessful or cannot be coordinated because the Buyer refuses to cooperate, the Seller is entitled to terminate the contract with immediate effect due to breach of contract and claim the costs of the unsuccessful outbound and return shipping from the Buyer as a penalty. The parties accept the use of the email used by the Buyer during the order as a form of communication for the termination of the contract and record that the time of communication of the termination is the time when the termination letter becomes accessible in the Buyer's email account.

Payment Methods

Bank Transfer

You may settle the consideration for the products via bank transfer.

Credit/Debit Card Payment

In our webshop, you can pay quickly and securely using a credit or debit card.

Simple Credit Card Payment (OTP Group)

The SimplePay Online Payment System is developed and operated by SimplePay Plc. SimplePay Plc. is a member of the OTP Group.

Customers using this service can choose the simple and secure payment solution of SimplePay for online purchases. In such cases, payment is handled as usual on the SimplePay interface.

The payment process is identical to the payment procedures offered within similar services provided by banks. During the service, keeping the security of the user and the cardholder in mind, SimplePay continuously monitors transactions and provides assistance in preventing unexpected events.

WHAT ARE THE STEPS OF THE TRANSACTION?

  • By clicking the "Payment" button, you are redirected to the SimplePay payment page, where you initiate the transaction by providing your card details.
  • After entering the card details, please check the accuracy of the data.
  • Processing of the transaction begins in the banking processing systems.
  • You will also receive notification of the payment result via e-mail, and the SimplePay system will redirect you back to the webshop's site.

Cash on Delivery (COD)

If you wish to settle the value of the order upon receipt of the package, please select the "Cash on Delivery" payment method.

Simple Transfer (OTP Group)

Through the OTP Simple online payment system, you can pay conveniently, quickly, and securely via bank transfer as well.

Further information: https://www.otpsimple.hu/

Cash Payment

You have the option to pay the price of the product and the delivery fee in cash upon receipt of the product.

Mobile MasterCard Payment

With the MasterCard® Mobile application, you initiate the transaction whenever you want, and for payment, you need nothing more than your own valid MasterCard® or Maestro® card equipped with a CVC code, your smartphone, and your mPIN code provided during registration. In the case of older, non-smartphone types, you will receive the initial mPIN code in the SIM ToolKit application on your SIM card; this must be changed in the Settings menu before the first use. Only MasterCard cards can be registered in the SIM ToolKit application; Maestro cards cannot.

Delivery Methods, Delivery Fees

Personal Pickup

You may pick up the ordered Goods in person at our office.

  • Address: Hungary, 2151 Fót, Móricz Zsigmond utca 45.
  • No fee shall be charged to you.

MPL Courier Service

A convenient and simple package receipt option. You can pay by card or cash. You can request delivery to your home address or even to your workplace. Nationwide coverage. Two delivery attempts in the case of an MPL Business package, which is included in the base fee.

Further info: https://www.posta.hu/kuldemeny_erkezese/haznal_torteno_csomagkezbesites

The fee for this shipping method is gross Click here .

MPL Posta Pont (Postal Point)

Why order to a MOL-Coop PostaPont? Because most MOL PostaPoints are open 24 hours a day, and most Coop PostaPoints are open 12 hours a day, so the package can be picked up before or after work. You can check here which one is on your way. We will notify you of the arrival of the shipment via SMS or e-mail, as you prefer. The pickup points are easily accessible. Parking at the stations is simple and free. You can also pay by card at MOL PostaPoints and most Coop PostaPoints. The maximum weight of the shipments is 20 kg.

The fee for this shipping method is gross Click here .

MPL Parcel Locker

Parcel Lockers essentially consist of a user interface equipped with a screen and compartments of various sizes that hide the packages. At Parcel Lockers, pickup is fast – by entering the received code and our phone number, we can immediately access our order. In addition, they are available 24 hours a day.

Further info: https://www.posta.hu/csomagautomata

The fee for this shipping method is gross Click here .

GLS Courier Service

The Goods are delivered by the GLS courier service.

Further information can be found here: https://gls-group.eu/HU/hu/cimzetteknek-nyujtott-szolgaltatasok

The fee for this shipping method is gross Click here .

GLS Parcel Point

For online purchases, home delivery by courier service is the most popular, but the proportion of personal pickup is increasing year by year. Customers can pick up the goods conveniently and according to their own schedule through GLS Parcel Points, where cash payment is provided. GLS Parcel Points are located in easily accessible places, such as shopping centers, gas stations, bookstores, or other busy shops. Most are open long hours, even on weekends, for customers wishing to pick up or send a package. GLS sends an e-mail or SMS notification to the recipient about the delivery of the goods. The buyer can pick up the package at any time within 5 working days, taking into account the opening hours of the GLS Parcel Point.

The fee for this shipping method is gross Click here .

GLS Parcel Locker

The fee for this shipping method is gross Click here .

Sameday

The fee for this shipping method is gross Click here .

Performance Deadline

In the case of a Buyer qualifying as a consumer, in the absence of a different agreement between the Parties, the Seller is obliged to make the Goods available to the Buyer without delay after the conclusion of the contract, but no later than within thirty days.

Based on the above, the general performance deadline for the order is a maximum of 30 days from the confirmation of the order. The Seller provides information on any performance deadline that may differ from this (but not longer than 30 days) under the individual shipping methods.

In the event of delay by the Seller, the Buyer is entitled to proceed against the Seller according to Act V of 2013 on the Civil Code.

Reservation of Rights, Retention of Title

If you have previously ordered Goods but did not take them over during delivery (excluding cases where you exercised your right of withdrawal), or if the Goods were returned to the seller with an "unclaimed" indication, the Seller shall condition the fulfillment of the order on the advance payment of the purchase price and shipping costs.

The Seller may withhold the delivery of the Goods until they are convinced that the payment of the price of the Goods has been successfully made using an electronic payment solution (including cases where, for Goods paid by transfer, the Buyer transfers the purchase price in the currency of their member state and, due to conversion, bank commissions, or costs, the Seller does not receive the full amount of the purchase price and delivery fee). If the price of the Goods has not been paid in full, the Seller may request the Buyer to supplement the purchase price.

Sales Abroad - Prohibition of Geo-blocking

The Seller does not differentiate between buyers within the territory of Hungary and those outside of it within the territory of the European Union through the use of the Website; i.e., it does not restrict buyers' access to the website based on their nationality, place of residence, or place of establishment. In the absence of a different provision in these General Terms and Conditions (GTC), the Seller ensures the delivery/pickup of the ordered Goods within the territory of Hungary.

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 is not obliged to comply with non-contractual requirements determined in the national law of the buyer's member state regarding the Goods concerned, such as labeling or sector-specific requirements, or to inform the buyer of these requirements.

In the absence of a different provision by the Seller, Hungarian VAT applies to all Goods.

For the purpose of handing over the Goods, the Seller provides the same handover options to non-Hungarian buyers as those entitled to Hungarian buyers.

If the buyer, according to the GTC, may request the delivery of the Goods to the territory of Hungary or the territory of any other European Union member state, a non-Hungarian buyer may also request this through any shipping method indicated in the GTC.

If the buyer, according to the GTC, may choose personal pickup of the Goods at the Seller, a non-Hungarian buyer may also exercise this right.

Otherwise, the buyer may request to arrange the transport of the Goods abroad at their own expense. Hungarian buyers are not entitled to this right.

The Seller fulfills the order following the 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 pre-agreed time, the Seller shall terminate the contract and refund the pre-paid purchase price to the buyer.

Consumer Information

Information on the Right of Withdrawal for Consumer Buyers

According to Section 8:1, Paragraph 1, Point 3 of the Civil Code (Ptk.), only natural persons acting outside the scope of their profession, independent occupation, or business activity qualify as consumers; therefore, legal entities may not exercise the right of withdrawal without justification!

According to Section 20 of Government Decree 45/2014 (II. 26.), the consumer is entitled to the right of withdrawal without justification. The consumer may exercise this right in the case of a contract for the sale of Goods:

a) In the case of a contract for the sale of Goods:

  • aa) from the date of receipt of the Goods,
  • ab) in the case of the sale of multiple Goods, if the delivery of individual Goods occurs at different times, from the date of receipt of the last delivered Good,
  • ac) in the case of Goods consisting of multiple lots or pieces, from the date of receipt of the last lot or piece,
  • ad) if the Goods must be delivered regularly within a specified period, from the date of the first delivery,

within a deadline calculated from the date of receipt by the consumer or a third party designated by them, other than the carrier, which deadline is 14 calendar days.

The provisions in this point do not affect the consumer's right to exercise their right of withdrawal between the date of concluding the contract and the date of receiving the Goods.

If the consumer made an offer to conclude the contract, the consumer has the right to withdraw the offer before the contract is concluded, which terminates the binding nature of the offer regarding the conclusion of the contract.

If the Seller has not informed the consumer about the deadline and other conditions for exercising the right of withdrawal (particularly those in Section 22 of the Government Decree) and the model declaration in Annex 2, the withdrawal period is extended by 12 months. If the Seller provides this information within 12 months after the expiry of the initial withdrawal period, the deadline expires on the 14th day after the communication of such information.

Detailed rules for contracts between consumers and businesses (Government Decree 45/2014 (II.26.)) can be accessed here.

Declaration of Withdrawal, Exercising the Right of Withdrawal or Termination

The consumer may exercise the right provided in Section 20 of Government Decree 45/2014 (II. 26.) through a clear statement to this effect or by using the model declaration form downloadable from the website.

Validity of the Consumer's Declaration of Withdrawal

The right of withdrawal shall be considered exercised within the deadline if the consumer sends the declaration within the period. In the case of withdrawal or termination in writing, it is sufficient to send the statement within the deadline. The consumer bears the burden of proving that the right of withdrawal was exercised in accordance with this provision. The Seller is obliged to acknowledge the receipt of the consumer's declaration immediately upon arrival on an electronic data carrier.

Seller's Obligations in Case of Consumer Withdrawal

Seller's Reimbursement Obligation

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the total amount paid by the consumer as consideration, including performance-related costs such as delivery fees, no later than fourteen days after becoming aware of the withdrawal. Please note that this provision does not apply to additional costs caused by choosing a delivery method other than the least expensive standard delivery method offered.

Method of the Seller's Reimbursement

In case of withdrawal or termination complying with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the amount using the same payment method as the one used by the consumer. With the consumer's express consent, the Seller may use a different payment method for the refund, provided the consumer incurs no additional fees. The Seller shall not be held liable for delays caused by an incorrect and/or inaccurate bank account number or postal address provided by the Consumer.

Additional Costs

If the consumer specifically chooses a delivery method other than the least expensive standard method, the Seller is not obliged to refund the resulting additional costs. In such case, our reimbursement obligation exists up to the amount of the indicated general shipping rates.

Right of Retention

The Seller may retain the refund until the Goods have been returned or the consumer has provided conclusive proof that they have been sent back; the earlier of the two dates shall be taken into account. We are unable to accept shipments sent by "cash on delivery" or "postage due" (portó).

Consumer's Obligations in Case of Withdrawal or Termination

Returning the Goods

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), they are obliged to return the Goods immediately, but no later than fourteen days from the communication of withdrawal, or hand them over to the Seller or a person authorized by the Seller to receive the Goods. The return is considered completed within the deadline if the consumer sends the Goods before the period expires.

Bearing Direct Costs of Returning the Goods

The consumer bears the direct cost of returning the Goods. Goods must be returned to the Seller's address. If the Seller also sells Goods in a physical store and the consumer exercises their right of withdrawal in person at the store, they are entitled to return the Goods simultaneously. If the consumer terminates a contract for services concluded off-premises or at a distance after performance has begun, they must pay a fee proportional to the service performed up to the time of communication. This proportional amount is calculated based on the total consideration set in the contract plus tax. If the consumer proves that the total amount thus determined is excessively high, the proportional amount shall be calculated based on the market value of the services performed up to the date of termination. Please note that we are unable to accept Goods returned by "cash on delivery" or "postage due" (portó).

Consumer's Liability for Diminished Value

The consumer is liable for any diminished value of the Goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.

Exceptions: Cases where the Right of Withdrawal cannot be exercised

The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal in the cases specified in Section 29 (1) of Government Decree 45/2014 (II.26.):

  • after the full performance of a service; however, if the contract creates a payment obligation for the consumer, this exception can only be invoked if performance began with the consumer's express prior consent and acknowledgment that they lose the right of withdrawal once the business has fully performed;
  • for Goods or services whose price depends on fluctuations in the financial market beyond the control of the business, which may occur during the withdrawal period;
  • for non-prefabricated Goods produced based on consumer instructions or express request, or Goods clearly tailored to the consumer's person;
  • for Goods that are perishable or whose quality expires quickly;
  • for sealed Goods which, for health protection or hygiene reasons, cannot be returned once opened after delivery (Warning: for such items, use beyond what is necessary to establish nature and functioning results in the loss of the right of withdrawal);
  • for Goods which, by their nature, are inseparably mixed with other items after delivery;
  • for alcoholic beverages whose actual value depends on market fluctuations beyond the business's control and whose price was agreed upon at the time of contract, but delivery occurs only after 30 days;
  • for service contracts where the business visits the consumer at their express request for urgent repair or maintenance;
  • for the sale of sealed audio/video recordings or computer software if the packaging has been opened after delivery;
  • for newspapers, journals, and periodicals, with the exception of subscription contracts;
  • for contracts concluded at a public auction;
  • for accommodation (other than for residential purposes), transport, car rental, catering, or services related to leisure activities if a specific performance date or deadline is set;
  • for digital content provided on a non-tangible medium if performance began with the consumer's express prior consent and acknowledgment that they lose the right of withdrawal once performance has started, and the business has sent an acknowledgment.

Information on Product Warranty, Implied Warranty, and Commercial Guarantee for Consumer Contracts

This point was prepared based on the authorization of Section 11 (5) and taking into account Annex 3 of Government Decree 45/2014 (II.26.). This information applies only to Buyers qualifying as consumers; rules for non-consumer buyers are included in a separate chapter.

Requirements for Conformity in Consumer Contracts

General Requirements for Goods sold under Consumer Contracts

The Goods and the performance must comply with the requirements of Government Decree 373/2021 (VI.30.) at the time of performance. For performance to be considered in conformity, the Goods must:

  • match the description, quantity, quality, and type specified in the contract, and possess the functionality, compatibility, interoperability, and other characteristics defined in the contract;
  • be fit for any purpose specified by the consumer that was brought to the Seller's attention at the latest at the time of contract conclusion and accepted by the Seller;
  • possess all accessories and instructions specified in the contract—including instructions for commissioning, installation, and customer support—and
  • provide the updates specified in the contract.

Furthermore, for performance to be considered in conformity, the Goods must:

  • be fit for the purposes for which Goods of the same type are typically used, as prescribed by law, technical standards, or professional codes of conduct;
  • possess the quantity, quality, performance, and other characteristics—especially functionality, compatibility, accessibility, continuity, and security—that are standard for the same type of Goods and which the consumer can reasonably expect, taking into account public statements made by the Seller or other persons in the supply chain (especially in advertisements or on labels);
  • possess the accessories and instructions—including packaging and installation—that the consumer can reasonably expect; and
  • comply with the characteristics and description of the Goods presented as a sample or model by the business prior to contract conclusion.

The Goods do not have to comply with the public statement above if the Seller proves that:

  • they were unaware of the public statement and could not reasonably have been expected to be aware of it;
  • the statement was corrected appropriately by the time the contract was concluded; or
  • the statement could not have influenced the entitled party's decision to conclude the contract.

Specific Requirements for Goods with Digital Elements

For Goods containing digital elements, the Seller must ensure that the consumer is notified of and receives updates (including security updates) necessary to maintain the conformity of the Goods.

The Seller must provide the updates for a period that:

  • is reasonably expected by the consumer based on the type and purpose of the Goods/digital elements for a one-off supply; or
  • lasts for two years for continuous supply of digital content over a period not exceeding two years from the performance.

If the consumer fails to install the provided updates within a reasonable time, the Seller is not liable for defects resulting solely from the lack of the update, provided that:

  • the Seller informed the consumer about the availability of the update and the consequences of failing to install it; and
  • the failure to install or the incorrect installation was not due to deficiencies in the installation instructions provided by the Seller.

Lack of conformity cannot be established if, at the time of contract, the consumer was specifically informed that a particular characteristic differs from the requirements and expressly accepted this difference.

Requirements for Conformity for Digital Content Sales

The Seller provides the digital content to the consumer. Unless otherwise agreed, the Seller shall provide the latest version of the digital content available at the time of contract without undue delay. Performance is completed when the digital content or any solution required to access/download it reaches the consumer or their chosen physical or virtual device.

The Seller must ensure the consumer is notified of and receives updates (including security updates) necessary for conformity. For continuous supply over a period, conformity must be ensured throughout the entire duration of the contract.

If the consumer fails to install updates within a reasonable time, the Seller is not liable for defects resulting solely from the lack of the update, provided the consumer was informed of its availability and the consequences of non-installation, and the instructions provided were not deficient.

Lack of conformity cannot be established if the consumer specifically accepted a deviation from requirements after being informed. The Seller is liable for defects resulting from improper integration into the consumer's digital environment if the integration was performed by or under the responsibility of the Seller, or if improper integration by the consumer was caused by deficient instructions provided by the Seller.

For continuous supply, the Seller is liable for defects occurring or becoming apparent during the contract period. For one-off supply, any defect recognized within one year is presumed to have existed at the time of performance, unless the Seller proves incompatibility of the digital environment (provided the consumer was clearly informed of requirements beforehand).

The consumer is obliged to cooperate with the Seller using the least intrusive means available to determine if the digital environment is the cause of the defect. If the consumer fails to cooperate after being clearly informed of this duty, the burden of proof rests on the consumer to show that:

  • the defect recognized within one year existed at the time of performance; or
  • the service was not in conformity during the period of performance for a continuous supply.

Improper Performance of Contracts for the Sale of Goods

The Seller performs improperly if a defect results from unprofessional installation, provided that:

a) the installation is part of the contract and was performed by or under the responsibility of the Seller; or

b) the installation was to be performed by the consumer and the improper installation resulted from deficiencies in the instructions provided by the Seller (or the provider of digital elements).

If the Seller installs the Goods, performance is considered completed when the installation is finished.

For Goods with digital elements and continuous supply, the Seller is liable for digital content defects occurring or becoming apparent within two years of delivery (for supply periods under two years) or during the entire duration of the supply (for periods exceeding two years).

Liability for Defects

In what cases can you exercise your right to claim for liability for defects?

In the event of defective performance by the Seller, you may assert a claim for liability for defects against the Seller in accordance with the rules of the Civil Code and, in the case of a consumer contract, the provisions of Government Decree 373/2021 (VI.30.).

What rights are you entitled to based on your liability for defects claim?

You may—at your option—exercise the following claims for liability for defects:

You may request repair or replacement, unless the fulfillment of the option you have chosen is impossible or would involve disproportionate additional costs for the Seller compared to the fulfillment of another request. If you have not requested or could not request repair or replacement, you may request a proportional reduction of the consideration or—as a last resort—withdraw from the contract.

You may switch from your chosen right of liability for defects to another one, but you shall bear the cost of the switch, unless it was justified or the Seller gave reason for it.

In the case of a consumer contract, until the contrary is proven, it shall be presumed that any defect recognized within one year from the date of performance of the goods and the goods containing digital elements already 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.

The Seller may refuse to bring the goods into conformity if repair or replacement is impossible or if it would result in disproportionate additional costs for the Seller, taking into account all circumstances, including the value the Goods would have represented in a flawless state and the severity of the breach of contract.

The consumer is also entitled—adjusted to the severity of the breach of contract—to request a proportional reduction of the consideration or to terminate the sales contract if:

  • the Seller has not performed the repair or replacement, or has performed it but has not fulfilled the following conditions in part or in full:
    • the Seller must ensure the take-back of the replaced goods at its own expense;
    • if repair or replacement requires the removal of goods that were installed in accordance with their nature and purpose—before the defect became recognizable—then the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the goods delivered as a replacement or the repaired goods, or bearing the costs of removal and installation.
  • the Seller has refused to bring the goods into conformity;
  • a repeated performance defect has occurred, despite the Seller's attempt to bring the goods into conformity;
  • the defect in performance is so severe that it justifies an immediate price reduction or the immediate termination of the sales contract; or
  • the Seller has not undertaken to bring the goods into conformity, or it is obvious from the circumstances that the business will not bring the goods into conformity within a reasonable period or without significant inconvenience to the consumer.

If the consumer wishes to terminate the sales contract citing defective performance, the Seller bears the burden of proving that the defect is insignificant.

The Consumer is entitled to withhold the remaining part of the purchase price—adjusted to the severity of the breach of contract—in part or in full until the Seller fulfills its obligations regarding the conformity of performance and defective performance.

It is a generally applicable rule that:

  • the Seller must ensure the take-back of the replaced goods at its own expense;
  • if repair or replacement requires the removal of goods that were installed in accordance with their nature and purpose—before the defect became recognizable—then the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the goods delivered as a replacement or the repaired goods, or bearing the costs of removal and installation.

The reasonable deadline for performing the repair or replacement of the Goods shall be calculated from the time when the Consumer communicated the defect to the business.

The consumer must make the Goods available to the business in order to perform the repair or replacement.

The reduction of the consideration is proportional if its amount is equal to the difference between the value of the goods the Consumer would have received in the case of contractual performance and the value of the goods actually received by the Consumer.

The Consumer's right to liability for defects regarding the termination of the sales contract may be exercised by a legal declaration addressed to the Seller expressing the decision to terminate.

If the defective performance affects only a specific part of the goods provided under the sales contract, and the conditions for exercising the right to terminate the contract exist in respect of those, the Consumer may terminate the sales contract only in respect of the defective goods, but may also terminate it in respect of any other goods acquired together with them if the Consumer cannot reasonably be expected to keep only the goods that comply with the contract.

If the Consumer terminates the sales contract in its entirety or in respect of part of the goods provided under the sales contract, then:

  • the Consumer must return the affected goods to the Seller at the Seller's expense, and
  • the Seller must immediately refund the purchase price paid in respect of the affected goods to the Consumer as soon as they have received the goods or the proof supporting the return of the goods.

The Seller is obliged to record a protocol of the consumer's reported warranty claim and must provide a copy of it to the consumer immediately in a verifiable manner.

If the Seller business cannot declare the fulfillability of the consumer's warranty claim at the time of its report, it is obliged to notify the consumer of its position—in the case of rejection of the claim, also of the reason for rejection and the possibility of turning to the conciliation body—within 8 days in a verifiable manner.

The Seller must strive to perform the repair or replacement within a maximum of fifteen days. If the duration of the repair or replacement exceeds fifteen days, the Seller business is obliged to inform the consumer of the expected duration of the repair or replacement.

Within what deadline can you enforce your liability for defects claim?

You are obliged to report the defect immediately after its discovery. A defect reported within two months of its discovery shall be considered a defect reported without delay. At the same time, we draw your attention to the fact that you may no longer enforce your liability for defects rights beyond the two-year limitation period from the performance of the contract.

The part of the repair time during which the Buyer cannot use the Goods as intended is not included in the limitation period.

The limitation period for the liability for defects claim for the part of the Goods affected by replacement or repair starts anew. This rule shall also apply if a new defect arises as a consequence of the repair.

Against whom can you enforce your liability for defects claim?

You may enforce your liability for defects claim against the Seller.

What other conditions are there for enforcing your liability for defects rights?

Within one year from the performance, there is no other condition for enforcing the liability for defects claim beyond reporting the defect, if you prove that the Goods were provided by the Seller. However, after the lapse of one year from the performance, you are already obliged to prove that the defect recognized by you already existed at the time of performance.

Special rules for liability for defects claims in the case of digital content provision

The consumer is also entitled—adjusted to the severity of the breach of contract—to request a proportional reduction of the consideration or to terminate the contract for the provision of digital content if:

  • repair or replacement is impossible, or it would result in disproportionate additional costs for the Seller;
  • in the case of exercising the right of liability for defects regarding repair or replacement, the Seller does not bring the performance into conformity free of charge within a reasonable time from the consumer's report of the defect—without significant inconvenience to the consumer, taking into account the nature and purpose of the digital content or digital service;
  • a repeated performance defect has occurred, despite the business's attempt to bring the goods into conformity;
  • the defect in performance is so severe that it justifies an immediate price reduction or the immediate termination of the contract; or
  • the Seller has not undertaken to bring the service into conformity, or it is obvious from the circumstances that the business will not bring the service into conformity within a reasonable period or without significant inconvenience to the consumer.

In the case of exercising the right of liability for defects regarding repair or replacement, the Seller—without significant inconvenience to the consumer, taking into account the nature and purpose of the digital content or digital service—is obliged to bring the performance into conformity free of charge within a reasonable time from the consumer's report of the defect.

In the case of exercising the right of liability for defects regarding repair or replacement, depending on the technical characteristics of the digital content, the Seller may choose the method of bringing the digital content into conformity.

The reduction of the consideration is proportional if its amount is equal to the difference between the value of the service the consumer would have received in the case of contractual performance and the value of the service actually provided to the consumer.

If the contract provides for continuous service provided over a specified period, the proportional reduction of the consideration must apply to the period during which the service was not in conformity.

If the consumer wishes to terminate the contract citing defective performance, the Seller bears the burden of proving that the defect is insignificant.

If the Seller provides digital content or undertakes an obligation to do so, and the consumer only provides personal data or undertakes to provide such data to the Seller, the consumer is entitled to terminate the contract even if there is an insignificant defect, but cannot request a proportional reduction of the consideration.

The Consumer's right to liability for defects regarding the termination of the contract may be exercised by a legal declaration addressed to the Seller expressing the decision to terminate.

If the Seller does not realize the performance, the consumer is obliged to call upon the Seller to perform. If, despite the consumer's call, the Seller fails to provide or perform the digital content without delay or within an additional period accepted by the parties, the consumer may terminate the contract.

The consumer may terminate the contract without calling upon the Seller to perform if:

  • the Seller has not undertaken the provision of digital content, or it is obvious from the circumstances that it will not provide the digital content; or
  • based on the agreement of the parties or the circumstances of the conclusion of the contract, it is obvious that performance at a specified time is essential for the consumer, and the Seller fails to do so.

In the case of termination of the contract, the Seller is obliged to refund the total amount paid by the consumer as consideration.

However, if the performance was in conformity for a specified period before the termination of the contract, the consideration due for this period does not have to be refunded. In the latter case, the part of the consideration that relates to the period of non-conforming performance must be refunded, as well as the consideration paid in advance by the consumer which would have been due for the remaining duration of the contract if the contract had not been terminated.

If the consumer is entitled to a proportional reduction of the consideration or to the termination of the contract, the Seller is obliged to fulfill its refund obligation immediately, but at the latest within fourteen days from the date of becoming aware of the exercise of this right.

The business refunds the amount due to the consumer in the same way as the payment method used by the consumer. Based on the express consent of the consumer, the Seller may also use another payment method for the refund, but the consumer shall not be charged any additional fees as a result.

The costs related to the refund shall be borne by the Seller.

In the case of termination of the contract, the Seller may prevent the consumer from further using the digital content, in particular by making the digital content or digital service inaccessible to the consumer or by disabling the consumer's user account.

In the case of termination of the contract, the consumer must refrain from using the digital content and from making it available to third parties.

If the provision of digital content occurred on a physical data carrier, the consumer is obliged to return the physical data carrier without delay at the Seller's expense, upon the Seller's request communicated within fourteen days of becoming aware of the termination.

The consumer is obliged to pay a fee proportional to the service performed in accordance with the contract for the use of the digital content for the period preceding the termination of the contract.

Rights from Defective Performance (Statutory Warranty / Liability for Defects)

In which cases can you exercise your rights from defective performance?

The buyer (consumer) can exercise their rights from defective performance (statutory warranty) in the event that the goods have a defect upon receipt, or if the defect manifests itself within the statutory period. The rights and obligations of the parties are governed by the relevant provisions of the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act.

What are your rights in the event of a defect?

If the goods are defective, the buyer may demand that the defect be removed. According to their choice, they may request:

  • repair of the item, or
  • delivery of a new item without defects (replacement).

The seller may refuse to remove the defect if it is impossible or disproportionately expensive. The buyer has the right to demand a reasonable discount or to withdraw from the contract if the seller has not removed the defect, the defect has reappeared repeatedly, or it is clear from the seller's statement that the defect will not be removed within a reasonable time.

Within what period can you exercise your rights from defective performance?

The consumer is entitled to exercise the right from a defect that occurs in consumer goods within a period of two years (24 months) from receipt. After this period, the right can no longer be successfully exercised.

Burden of Proof (Presumption of existence of a defect)

If the defect manifests itself within one year of receipt, it is presumed that the goods were already defective upon receipt, unless the nature of the item or defect rules it out. Within this period, the seller must prove the contrary. After the expiry of one year, the buyer must prove the existence of the defect at the time of receipt.

Rules for Complaint Settlement (Warranty Claims)

The seller or an employee authorized by them shall decide on the complaint immediately, in complex cases within three business days. The complaint, including the removal of the defect, must be settled without undue delay, no later than within 30 days from the day the complaint was filed, unless the seller and the consumer agree on a longer period. The fruitless expiry of this period is considered a material breach of contract, and the buyer has the right to withdraw from the contract or demand a reasonable discount.

Commercial Warranty (Warranty of Quality)

A commercial warranty (voluntary warranty) beyond the legal rights of the consumer does not arise automatically. The seller provides a commercial warranty only if it is explicitly stated in the warranty certificate, on the packaging of the goods, or in the advertisement. If the manufacturer provides a warranty of quality, the conditions set by the manufacturer shall apply.

Rules for Buyers who are Not Consumers (Businesses and B2B)

The rights from defective performance for a buyer who acts within their entrepreneurial activity when concluding the contract differ from the rights of a consumer. The statutory period of 24 months and the 30-day limit for complaint settlement do not apply to businesses.

The business buyer is obliged to notify the defect without undue delay after they could have discovered it during a timely inspection. In this case, liability for defects is governed by the general provisions of the Civil Code for relations between businesses. If a warranty is provided on the goods by the manufacturer, the business buyer can also claim it under the manufacturer's conditions.