Warranty and statutory liability for defects – FlexCom Kommunikációs Kft.

Information on Product Warranty, Liability for Defects, and Guarantee Regarding the Conformity of Goods for Consumer Contracts

This section of the consumer information has been prepared on the basis of the authorization of Section 11 (5) of Government Decree 45/2014 (II.26.), taking into account Annex 3 of Government Decree 45/2014 (II.26.). The Consumer Information applies exclusively to Buyers qualifying as consumers; the rules applicable to buyers not qualifying as consumers are contained in a separate chapter.

Requirements for performance in accordance with the contract in the case of consumer contracts

General requirements for performance in accordance with the contract for goods sold within the framework of consumer contracts

At the time of performance, the Goods and the performance must comply with the requirements set forth in Government Decree 373/2021 (VI.30.). For the performance to be considered in accordance with the contract, the Goods forming the subject of the contract must:

• correspond to the description, quantity, quality, and type specified in the contract, and must possess the functionality, compatibility, interoperability, and other characteristics as specified in the contract
• be fit for any specific purpose required by the consumer, which the consumer made known to the Seller at the latest at the time of the conclusion of the contract, and which the Seller accepted
• possess all the accessories and instructions specified in the contract - including instructions for commissioning, installation instructions, and customer support - and
• provide the updates specified in the contract.

Furthermore, for the performance to be considered in accordance with the contract, the Goods forming the subject of the contract must:

• be fit for the purposes for which Goods of the same type are normally used, taking into account any existing laws, technical standards, or, in the absence of technical standards, the applicable code of conduct
• possess the quantity, quality, performance, and other characteristics - particularly regarding functionality, compatibility, accessibility, continuity, and safety - that are normal for Goods of the same type and which the Consumer may reasonably expect, taking into account any public statements made by the Seller, its representative, or other persons in the sales chain, particularly in advertisements or on labels, regarding the specific properties of the Goods
• possess the accessories and instructions - including packaging and installation instructions - that the consumer may reasonably expect; and
• comply with the characteristics and description of the Goods presented as a sample or model or made available as a trial version by the enterprise prior to the conclusion of the contract.

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

• it was not aware of the public statement and could not reasonably have been expected to know it,
• the public statement had been corrected in an appropriate manner by the time the contract was concluded, or
• the public statement could not have influenced the entitled party's decision to conclude the contract.

Specific requirements for the conformity of performance for goods containing digital elements

In the case of goods containing digital elements, the Seller must ensure that the consumer is notified of such updates - including security updates - to the digital content of the goods or the related digital service as are necessary to maintain the conformity of the goods with the contract, and must ensure that the consumer receives them.

Regarding making the update available, if the sales contract:

• provides for a one-off supply of the digital content or digital service, it must be provided as reasonably expected by the consumer based on the type and purpose of the goods and digital elements, as well as the individual circumstances and the nature of the contract;
• or provides for the continuous supply of digital content over a specific period, then in the case of continuous supply for a duration not exceeding two years, it must be ensured throughout a period of two years from the performance of the goods.

If the consumer fails to install the provided updates within a reasonable timeframe, the Seller shall not be liable for any defect in the goods if it arises solely from the lack of application of the relevant update, provided that:

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

Defective performance cannot be established if, at the time of the conclusion of the contract, the consumer received specific information that a particular characteristic of the goods deviates from those described here, and the consumer separately and expressly accepted this deviation when concluding the sales contract.

Requirements for performance in accordance with the contract in the case of the sale of digital content sold within the framework of a consumer contract

The Seller supplies or provides the digital content to the consumer. In the absence of a different agreement between the parties, the Seller shall provide the digital content to the consumer without undue delay after the conclusion of the contract, in the latest version available at the time of the conclusion of the contract. The service is considered performed when the digital content or any solution - necessary for accessing it or suitable for downloading it - has reached the consumer or the physical or virtual device selected by the consumer for this purpose.

The Seller must ensure that the consumer is notified of such updates to the digital content - including security updates - as are necessary to maintain the conformity of the digital content or digital service with the contract, and that the consumer receives them. If, based on the contract, the supply of digital content takes place continuously over a specific period, the conformity of performance regarding the digital content must be ensured throughout the entire duration of the contract.

If the consumer fails to install the updates provided by the Seller within a reasonable timeframe, the Seller shall not be liable for the defect in the service if it arises solely from the lack of application of the relevant update, provided that:

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

Defective performance cannot be established if, at the time of the conclusion of the contract, the consumer received specific information that a particular characteristic of the digital content deviates from the requirements specified here, and the consumer separately and expressly accepted this deviation when concluding the contract.

The Seller performs defectively if the defect in the digital content service arises from the unprofessional integration into the consumer's digital environment, provided that:

• the integration of the digital content was carried out by the Seller, or the integration was carried out under the Seller's responsibility; or
• the digital content was to be integrated by the consumer, and the unprofessional integration was caused by deficiencies in the integration instructions provided by the Seller.

If the contract provides for the continuous supply of digital content or a digital service over a specific duration, the Seller is liable for a defect related to the digital content if the defect occurs or becomes recognizable during the duration specified in the contract.

If the contract provides for a one-off service or a series of individual service acts, until proven otherwise, it must be presumed that a defect recognized by the consumer within one year from the date of performance already existed at the time of performance. However, the Seller does not perform defectively if it proves that the consumer's digital environment is not compatible with the technical requirements of the digital content or the digital service, and informed the consumer of this in a clear and intelligible manner prior to the conclusion of the contract.

The consumer is obliged to cooperate with the Seller so that the Seller - using the tools available from a technical perspective and requiring the least intervention for the consumer - can ascertain whether the cause of the defect is the consumer's digital environment. If the consumer fails to fulfill this duty of cooperation after the Seller has clearly and intelligibly informed the consumer of this duty prior to the conclusion of the contract, the burden of proof shall be on the consumer to show that:

• a defect recognized within one year following performance already existed at the time of performance, or
• the service affected by a defect recognized during the period according to the contract was not in conformity with the contract during the period of the service's performance according to the contract.

Defective performance of a contract for the sale of goods

The Seller performs defectively if the defect in the goods arises from unprofessional installation, provided that:

• the installation forms part of the sales contract and was carried out by the Seller or under the Seller's responsibility; or
• the installation was to be carried out by the consumer, and the unprofessional installation is the consequence of deficiencies in the installation instructions provided by the Seller. If, according to the sales contract, the goods are installed by the Seller, performance shall be considered completed by the Seller when the installation is finished.

If, in the case of goods containing digital elements, the sales contract provides for the continuous supply of digital content or a digital service over a specific duration, the Seller is liable for a defect of the goods related to the digital content if the defect occurs or becomes recognizable within two years from the performance of the goods in the case of continuous service for a duration not exceeding two years; or during the entire duration of the continuous service in the case of continuous service for a duration exceeding two years.

Liability for Defects (Statutory Warranty)

In what cases can you exercise your right to 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 rules of Government Decree 373/2021 (VI.30.).

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

You may - at your choice - exercise the following claims for liability for defects:

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

You may switch from your chosen right of liability for defects to another, but the cost of the switch shall be borne by you, unless it was justified or the Seller provided a reason for it. In the case of a consumer contract, until proven otherwise, it must be presumed that a defect recognized within one year from the date of performance of the goods and 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 with the contract 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 in a flawless state, as well as the severity of the breach of contract.

The consumer is also entitled to request a proportionate reduction of the consideration or to terminate the sales contract if:

• the Seller has not completed the repair or replacement, or has completed it but failed to fulfill the following conditions in part or in full: the Seller must ensure the take-back of the replaced goods at its own expense; if the repair or replacement requires the removal of goods that were installed in accordance with the nature and purpose of the goods - 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 refused to bring the goods into conformity with the contract; a repeated performance defect has arisen, despite the Seller's attempt to bring the goods into conformity with the contract
• the defect in performance is of such severity 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 with the contract, or it is obvious from the circumstances that the enterprise 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 burden of proof is on the Seller to show 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 related to the conformity of performance and defective performance.

As a generally prevailing rule:

• the Seller must ensure the take-back of the replaced goods at its own expense
• if the repair or replacement requires the removal of goods that were installed in accordance with the nature and purpose of the goods - 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 period for performing the repair or replacement of the Goods shall be calculated from the time the Consumer communicated the defect to the enterprise.

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

The reduction of the consideration is proportionate if its amount is equal to the difference between the value of the goods that would be due to the Consumer in the case of performance in accordance with the contract 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 statement addressed to the Seller expressing the decision to terminate.

If the defective performance affects only a specific part of the goods supplied under the sales contract, and the conditions for exercising the right to terminate the contract exist in respect of those parts, 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 are in conformity with the contract.

If the Consumer terminates the sales contract in its entirety or in respect of part of the goods supplied 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 reimburse the Consumer for the purchase price paid in respect of the affected goods as soon as it has received the goods or the proof supporting the return of the goods.

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

If the Seller enterprise is unable to 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 - including the reasons for rejection in case of refusal and the possibility of turning to a 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, then the Seller enterprise is obliged to inform the consumer of the expected duration of the repair or replacement.

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

You are obliged to report the defect immediately after its discovery. A defect reported within two months from the discovery of the defect shall be considered a defect reported without delay. At the same time, we call your attention to the fact that you may no longer exercise your rights to liability for defects 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 does not count towards the limitation period. For the part of the Goods affected by replacement or repair, the limitation period for the claim for liability for defects starts anew. This rule shall also be applied to cases where a new defect arises as a consequence of the repair.

Against whom can you assert your claim for liability for defects?

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

What other conditions are there for asserting your rights to liability for defects?

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

Specific rules for claims for liability for defects in the case of the supply of digital content

The consumer is also entitled - adjusted to the severity of the breach of contract - to request a proportionate reduction of the consideration or to terminate the contract for the supply 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 to liability for defects regarding repair or replacement, the Seller does not bring the performance into conformity with the contract within a reasonable period, free of charge, taking into account the nature and purpose of the digital content or digital service and without significant inconvenience to the consumer, from the time the consumer communicated the defect;
• a performance defect has repeatedly occurred, despite the enterprise's attempt to bring the goods into conformity with the contract;
• the defect in performance is of such severity 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 with the contract, or it is obvious from the circumstances that the enterprise will not bring the service into conformity within a reasonable period or without significant interest injury to the consumer.

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

In the case of exercising the right to 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 with the contract.

The reduction of the consideration is proportionate if its amount is equal to the difference between the value of the service that would be due to the consumer in the case of performance in accordance with the contract and the value of the service actually provided to the consumer.

If the contract provides for a continuous service provided over a specific duration, the proportionate reduction of the consideration must apply to the duration during which the service was not in conformity with the contract.

If the consumer wishes to terminate the contract citing defective performance, the burden of proof is on the Seller to show that the defect is insignificant.

If the Seller provides digital content or undertakes an obligation to do so, and the consumer provides only personal data or undertakes to provide such data to the Seller, the consumer is entitled to terminate the contract even in the case of an insignificant defect, however, they may not request a proportionate reduction of the consideration.

The consumer's right to liability for defects regarding the termination of the contract may be exercised by a legal statement 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 supply or provide the digital content without delay or within an additional period agreed upon by the parties, the consumer may terminate the contract.

The consumer may terminate the contract without a call to the Seller to perform if:

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

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

However, if the performance was in accordance with the contract for a certain period prior to 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 that would have been due for the remaining duration of the contract had the termination of the contract not occurred.

If the consumer is entitled to a proportionate 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 time it becomes aware of the exercise of this right.

The enterprise shall refund the amount due to the consumer in the same manner as the payment method used by the consumer. Based on the consumer's express consent, the Seller may apply another payment method for the refund, but the consumer may not be charged any additional fees as a result.

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

In the event of the termination of the contract, the Seller may prevent the consumer from further using the digital content, in particular, it may make the digital content or digital service inaccessible to the consumer or may disable the consumer's user account.

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

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

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

Product Warranty

In the event of a defect in a movable thing (Goods), you may - at your choice - assert a claim for liability for defects or a product warranty claim in accordance with the rules of the Civil Code.

As a product warranty claim, you may request the repair or replacement of the defective Goods.

The goods are defective if they do not meet the quality requirements in effect at the time of their placement on the market, or if they do not possess the characteristics listed in the description provided by the manufacturer.

You may assert your product warranty claim within two years from the placement of the Goods on the market by the manufacturer. Upon the lapse of this deadline, you lose this entitlement.

You may exercise your product warranty rights against the producer or distributor of the product (hereinafter together: manufacturer).

In the case of asserting a product warranty claim, you must prove that the product defect already existed at the time the product was placed on the market by the manufacturer.

The manufacturer is exempt from its product warranty obligation if it can prove that:

• it did not manufacture or place the Goods on the market within the scope of its business activity, or
• the defect was not recognizable according to the state of science and technology at the time of placement on the market, or
• the defect in the Goods results from the application of a law or a mandatory official regulation.

It is sufficient for the manufacturer to prove one reason for exemption.

I call your attention to the fact that you may assert a claim for liability for defects against the enterprise and a product warranty claim against the manufacturer simultaneously and in parallel for the same defect. In the event of the successful assertion of your product warranty claim, you may henceforth assert your claim for liability for defects regarding the replaced product or the part of the product affected by repair only against the manufacturer.

Guarantee

Based on Government Decree 151/2003 (IX. 22.) on the mandatory guarantee for certain durable consumer goods, the Seller is obliged to provide a guarantee in the case of the sale of new durable consumer goods listed in Annex 1 of IM Decree 10/2024 (VI.28.) on the determination of the range of durable consumer goods subject to mandatory guarantee (e.g.: technical goods, tools, machines), as well as their accessories and components within the range determined therein (hereinafter - in this point - referred to together as consumer goods).

The list of consumer goods subject to mandatory guarantee can be found here: IM Decree 10/2024 (VI. 28.) on the determination of the range of durable consumer goods subject to mandatory guarantee.

Rights arising from the guarantee can be asserted with a guarantee ticket, or according to the details in this point, with a document certifying the payment of the consideration. The Seller is not obliged to issue a guarantee ticket or to provide it to the consumer if the sales price of the consumer goods does not exceed 100,000 forints; in this case, the rights arising from the guarantee can be asserted with the document certifying the payment of the consideration.

The irregular issuance of the guarantee ticket or the failure to make the guarantee ticket available does not affect the validity of the guarantee.

In the event of failure to make the guarantee ticket available to the consumer, the conclusion of the contract must be considered proven if the consumer presents the document certifying the payment of the consideration – an invoice or receipt issued on the basis of the Act on Value Added Tax. In this case, the rights arising from the guarantee can be asserted with the document certifying the payment of the consideration.

The return of the opened packaging of the consumer goods is not a condition for the fulfillment of the guarantee claim.

What rights are you entitled to and within what deadline in the case of a mandatory guarantee?

Based on the Buyer's right to guarantee, they may exercise a claim for repair or replacement, may request a price reduction in cases provided for by law, or as a last resort, may withdraw from the contract if the obligated party has not undertaken the repair or replacement, is unable to fulfill this obligation within an appropriate deadline while sparing the interests of the entitled party, or if the entitled party's interest in repair or replacement has ceased.

The Buyer may report their guarantee claim at their choice directly at the Seller's seat, any of its premises, branch offices, and at the repair service indicated by the Seller on the guarantee ticket.

The guarantee claim can be asserted during the duration of the guarantee; the duration of the guarantee according to Government Decree 151/2003 (IX. 22.) is:

• two years for a sales price reaching 10,000 forints but not exceeding 250,000 forints,
• three years for a sales price over 250,000 forints.

Failure to meet these deadlines results in loss of rights, however, in the case of repair of the consumer goods, the duration of the guarantee is extended from the day of submission for repair by the time during which the Buyer could not use the consumer goods as intended due to the defect.

The guarantee period starts when the consumer goods are handed over to the Buyer, or if the commissioning is performed by the Seller, its agent, or another person entitled to perform the commissioning, it starts on the day of commissioning.

If the Buyer has the consumer goods commissioned more than six months after the handover, the starting date of the guarantee period is the day the consumer goods were handed over.

The Seller must strive to perform the repair or replacement within 15 days.

If the duration of the repair or replacement exceeds fifteen days, the Seller is obliged to inform the Buyer of the expected duration of the repair or replacement. By accepting the General Terms and Conditions (ÁSZF), the Buyer consents that the information may be provided to them electronically or in another way suitable for proving receipt by the consumer.

If, during the guarantee period, in the event of a defect in the consumer goods, it is established by the Seller that the consumer goods cannot be repaired, the Seller is obliged to replace the consumer goods within eight days, unless otherwise provided by the buyer. If replacement of the consumer goods is not possible, the enterprise is obliged to refund the purchase price indicated on the guarantee ticket, or in its absence, on the document certifying the payment of the consideration for the consumer goods presented by the consumer – an invoice or receipt issued on the basis of the Act on Value Added Tax – to the consumer within eight days.

If the Seller is unable to repair the consumer goods within 30 days:

If the repair of the consumer goods does not take place by the thirtieth day from the communication of the guarantee claim to the Seller – unless otherwise provided by the consumer – the Seller is obliged to replace the consumer goods within eight days following the unsuccessful lapse of the thirty-day deadline. If replacement of the consumer goods is not possible, the Seller is obliged to refund the purchase price indicated on the guarantee ticket, or in its absence, on the document certifying the payment of the consideration for the consumer goods presented by the consumer – an invoice or receipt issued on the basis of the Act on Value Added Tax – to the consumer within eight days following the unsuccessful lapse of the thirty-day repair deadline.

If the consumer goods defect for the 4th time during the guarantee period - unless otherwise provided by the consumer - the Seller is obliged to replace the consumer goods within eight days. If replacement of the consumer goods is not possible, the enterprise is obliged to refund the purchase price indicated on the guarantee ticket, or in its absence, on the document certifying the payment of the consideration for the consumer goods presented by the consumer - an invoice or receipt issued on the basis of the Act on Value Added Tax - to the consumer within eight days.

Consumer goods subject to mandatory guarantee with a fixed connection, or those heavier than 10 kg, or those that cannot be transported as hand luggage on public transport vehicles - with the exception of vehicles - must be repaired at the place of operation. If the repair cannot be performed at the place of operation, the enterprise, or - in the case of a repair claim asserted directly at the repair service - the repair service, shall provide for the dismantling and installation, as well as the transport to and from the repair site.

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

If the Seller enterprise is unable to declare the fulfillability of the consumer's guarantee claim at the time of its report, it is obliged to notify the consumer of its position - including the reasons for rejection in case of refusal and the possibility of turning to a conciliation body - within 8 days in a verifiable manner.

The provisions written under the point "Rules related to the handling of guarantee claims" do not apply to electric bicycles, electric scooters, quads, motorcycles, mopeds, passenger cars, motorhomes, caravans, caravans with trailers, trailers, and motorized watercraft.

However, even in the case of these Goods, the Seller is obliged to strive to fulfill the repair claim within 15 days.

If the duration of the repair or replacement exceeds fifteen days, then the Seller is obliged to inform the Buyer of the expected duration of the repair or replacement.

obliged to inform of the expected duration of the repair or replacement.

The guarantee applies alongside warranty rights (product and statutory warranty for defects); the basic difference between general warranty rights and the guarantee is that in the case of a guarantee, the burden of proof is more favorable for the consumer.

In the case of sales through a webshop, the institution of the replacement claim within three working days also applies to new durable consumer goods. If the consumer asserts a replacement claim due to the defect of the consumer goods within 3 working days from the purchase or commissioning, the Seller may not cite disproportionate additional costs under Section 6:159 (2) a) of Act V of 2013 on the Civil Code; it is obliged to replace the consumer goods within eight days, provided that the defect prevents the intended use. If replacement of the consumer goods is not possible, the Seller is obliged to immediately refund the purchase price indicated on the guarantee ticket, or in its absence, on the document certifying the payment of the consideration for the consumer goods presented by the consumer – an invoice or receipt issued on the basis of the Act on Value Added Tax – to the consumer.

The Seller is exempt from its guarantee obligation only if it proves that the cause of the defect arose after performance.

We call your attention to the fact that you may assert a claim for liability for defects and a guarantee claim, as well as a product warranty and a guarantee claim, simultaneously and in parallel for the same defect. However, if you have once successfully asserted a claim arising from defective performance for a given defect (for example, the enterprise replaced the product), you may no longer maintain a claim for the same defect on another legal basis.

Information on product warranty, liability for defects, and guarantee regarding the assurance of conformity of goods in the case of Buyers not qualifying as consumers

General rules for rights of liability for defects

A Buyer not qualifying as a consumer may - at their choice - exercise the following claims for liability for defects:

They may request repair or replacement, unless the fulfillment of the claim they have chosen is impossible or would involve disproportionate additional costs for the Seller compared to the fulfillment of another claim. If they did not request, or could not request, repair or replacement, they may request a proportionate reduction of the consideration, or the Buyer may repair the defect themselves at the Seller's expense, or have it repaired by someone else, or - as a last resort - may withdraw from the contract.

They may switch from their chosen right of liability for defects to another, but the cost of the switch shall be borne by them, unless it was justified or the Seller provided a reason for it.

In the case of buyers not qualifying as consumers, the deadline for asserting rights of liability for defects is 1 year, which starts on the day of performance (handover).

The product warranty and the mandatory guarantee apply only to buyers qualifying as consumers, and under the conditions contained below, to micro, small, and medium-sized enterprises.

If the manufacturer provides a manufacturer's guarantee for the Goods that also extends to buyers not qualifying as consumers, it can be asserted directly with the manufacturer.

The provisions contained in this part apply exclusively to micro, small, and medium-sized enterprises (hereinafter: SME) acting outside the scope of their profession, independent occupation, or business activity, according to the Act on Small and Medium-sized Enterprises and Support for Their Development.

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

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

You may - at your choice - exercise the following claims for liability for defects:

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

Within 6 months from the date of performance, there are no other conditions for asserting your claim for liability for defects beyond reporting the defect, if you prove that the Goods were provided by the Seller. However, after the lapse of 6 months from the date of performance, you are already obliged to prove that the defect recognized by you already existed at the time of performance.

In the event of a defect in a movable thing (Goods), you may - at your choice - assert a claim for liability for defects or a product warranty claim in accordance with the rules of the Civil Code.

As a product warranty claim, you may request the repair or replacement of the defective Goods.

You may assert your product warranty claim within two years from the placement of the Goods on the market by the manufacturer. Upon the lapse of this deadline, you lose this entitlement.

You may exercise your product warranty rights against the producer or distributor of the product (hereinafter together: manufacturer).

The manufacturer is exempt from its product warranty obligation if it can prove that:

• it did not manufacture or place the Goods on the market within the scope of its business activity, or
• the defect was not recognizable according to the state of science and technology at the time of placement on the market, or
• the defect in the Goods results from the application of a law or a mandatory official regulation.

It is sufficient for the manufacturer to prove one reason for exemption.

Guarantee in the case of SMEs

Based on Government Decree 151/2003 (IX. 22.) on the mandatory guarantee for certain durable consumer goods, the Seller is obliged to provide a guarantee in the case of the sale of new durable consumer goods listed in Annex 1 of IM Decree 10/2024 (VI.28.) on the determination of the range of durable consumer goods subject to mandatory guarantee (e.g.: technical goods, tools, machines), as well as their accessories and components within the range determined therein (hereinafter - in this point - referred to together as consumer goods), provided that you, as an SME, purchase the consumer goods acting outside the scope of your profession, independent occupation, or business activity within the framework of retail activity according to the Act on Trade, regardless of the accounting for the consumer goods within the scope of economic activity.

Based on the Buyer's right to guarantee, they may exercise a claim for repair or replacement, may request a price reduction in cases provided for by law, or as a last resort, may withdraw from the contract if the obligated party has not undertaken the repair or replacement, is unable to fulfill this obligation within an appropriate deadline while sparing the interests of the entitled party, or if the entitled party's interest in repair or replacement has ceased. The Buyer may report their guarantee claim at their choice directly at the Seller's seat, any of its premises, branch offices, and at the repair service indicated by the Seller on the guarantee ticket.

The guarantee claim can be asserted during the duration of the guarantee; the duration of the guarantee according to Government Decree 151/2003 (IX. 22.) is:

• two years for a sales price reaching 10,000 forints but not exceeding 250,000 forints,
• three years for a sales price over 250,000 forints.

Failure to meet these deadlines results in loss of rights, however, in the case of repair of the consumer goods, the duration of the guarantee is extended from the day of submission for repair by the time during which the Buyer could not use the consumer goods as intended due to the defect.

The guarantee period starts when the consumer goods are handed over to the Buyer, or if the commissioning is performed by the Seller, its agent, or another person entitled to perform the commissioning, it starts on the day of commissioning.

If the Buyer has the consumer goods commissioned more than six months after the handover, the starting date of the guarantee period is the day the consumer goods were handed over.

The Seller is exempt from its guarantee obligation only if it proves that the cause of the defect arose after performance.