This document was created with the help of the Sellvio Terms & Conditions Generator. https://varaljavarroda.hu/ – effective as of: 2025-03-11
I. General Rules
1. The general terms and conditions (hereinafter: GTC) define the rights and obligations of Palocsainé Fűrész Éva (hereinafter: Service Provider) and the party using the service on the Service Provider's varaljavarroda.hu online portal (hereinafter: Webshop) (hereinafter: Customer).
2. Service Provider details:
a. Name: Váralja Varroda Bt.
b. Registered office: Major utca 1, 8074 Csókakő, Hungary
c. Tax number: 22026370-2-07
d. Company registration number: 07-06-002122
e. Registering court: Company Registry Court of the Székesfehérvár Court (Székesfehérvári Törvényszék Cégbírósága)
f. Mailing address / Email: varaljavarrodabt@gmail.com
g. Customer service phone number: +36 22 422 004
3. Hosting provider details:
a. Name: Yettel Magyarország Zrt.
b. Registered office: Pannon út 1, Törökbálint, Hungary
c. Contact: adatvedelem@yettel.hu
d. Website: yettel.hu
4. The scope of the GTC extends to electronic commerce services provided in Hungary through the Webshop.
5. Contract language: Hungarian
6. Contracts are considered written contracts, the Service Provider does not register them.
7. The Service Provider does not subject itself to any code of conduct.
II. Use of Webshop
1. Registration
1. Using the service in the Webshop is not tied to registration.
2. General information about purchasing
1. The essential properties, characteristics of products found in the Webshop, and instructions for product use can be learned from the product information page.
2. The actual detailed properties of products are contained in the product usage instructions, which are included with the product when required by law.
3. The Webshop displays the gross price of products expressed in Hungarian forints. The purchase price is the amount indicated next to the product, which includes 27% general sales tax.
4. During ordering, the Service Provider clearly displays the total amount payable – including the product price, shipping costs, and all other additional costs – before finalizing the order. If the amount of any cost cannot be calculated exactly in advance, the Service Provider clearly indicates this fact and the method of calculating the cost.
5. The Service Provider does not use default options (pre-checked fields) whose acceptance would mean additional costs for the Customer. Any service or product that is not necessary for fulfilling the main contract and is available for a separate fee will only be added to the cart based on the Customer's express, conscious choice. If the Customer pays for additional services not expressly chosen by the Customer, they are entitled to a full refund.
6. If the Service Provider displays an incorrect price next to any product in the Webshop – an incorrect price is particularly considered a price significantly different from the generally known or estimated price of the product, a price of 0 HUF or 1 HUF appearing due to obvious system error, a price containing obvious calculation error – then the Service Provider is not obligated to sell the product at the incorrect price. If the Customer finalized the order for goods listed at an incorrect price, the Service Provider is not obligated to accept it, but is entitled to offer the product to the Customer for purchase at the real price; the Customer is free to decide on its acceptance.
7. The Service Provider issues electronic invoices.
3. The purchasing process
1. Adding products to Cart: The product to be purchased must be placed in the Cart. By clicking on the Cart icon, the Cart contents can be viewed, the Webshop informs the Customer about the Cart contents, which the Customer can freely change until placing the order.
2. Providing Customer data: If the Customer wants to purchase the Cart contents, the following data must be provided as the next step:
a. Selection of delivery method: personal pickup or delivery
b. Regarding providing delivery address, the following data can be provided:
i. the Customer can indicate whether they are purchasing as a private person or business customer (for business orders, providing company name, tax number, registration number, and bank account number is also necessary)
ii. delivery data: country, postal code, settlement, address, name, phone number, contact email address, the Customer can also include other data in the Comments section
c. Selection of payment method: the Customer can choose from available payment options: advance payment, cash on delivery, online card payment.
3. Finalizing the order: the Customer can finalize the order by clicking the Order button, the condition for finalizing the order is accepting the GTC and Privacy Policy. Before or simultaneously with activating the Order button, the Service Provider clearly and visibly displays the product name, total amount payable (product price + shipping + other costs), the fact of payment obligation. The Order button clearly indicates that pressing it creates a payment obligation.
4. Payment of purchase price: In case of online card payment, the Webshop redirects to the payment interface, after successful payment the Order data appears.
5. Order acceptance by the Service Provider occurs in a two-step process:
a. The Webshop's IT system sends automatic email confirmation about the Order, the purpose of which is solely for the Customer to check their order data and receive information about submitting their order to the Webshop
b. The Webshop informs the Customer about order acceptance by email.
6. Customer options for correcting data entry errors: The Customer can correct data entry errors until sending the order to the Service Provider. If there is no possibility to modify incorrect data in the Webshop or there is no longer possibility due to order finalization, then the Customer can notify the Service Provider at the email address or phone number provided in the GTC.
4. Service Provider procedure if the Customer requests product delivery to any EU member state
1. The Customer can purchase according to the rules of section II.3., if they request delivery of the product to a location in a member state where the Service Provider undertakes delivery, or wants to pick it up in a member state where the Service Provider provides pickup options.
2. If the Customer wants to have the product delivered to a location different from point 1, the Customer must arrange the delivery organization, and must contact Customer Service to coordinate delivery details, in which case the Customer cannot use cash on delivery payment option.
III. Payment methods available to the Customer
Barion: Online bank card payments are processed through the Barion system. The merchant does not receive the bank card details. The service provider, Barion Payment Zrt., is an institution supervised by the Hungarian National Bank, license number: H-EN-I-1064/2013.
SimplePay payment: I acknowledge that the following personal data stored in the user database of varaljavarroda.hu by the data controller Váralja Varroda Bt. (Hungary, 8074 Csókakő, Major utca 1) will be transferred to SimplePay Zrt. as the data processor. The scope of the data transferred by the data controller includes: country, postal code, city, address, name, phone number, email. The nature and purpose of the data processing carried out by the data processor can be found in the SimplePay Privacy Notice at the following link: simplepay.hu/adatkezelesi-tajekoztatok/
IV. Delivery methods available to the Customer
Foxpost, MPL house delivery, Personal pickup
V. Delivery deadline
The Service Provider makes the ordered product available to the Customer within thirty days if the Customer qualifies as a consumer – a natural person who acts outside their profession, independent occupation, or business activity. If the Service Provider cannot make the product available to the Customer within thirty days, they will contact the Customer at the email address provided during ordering, requesting information about whether they accept later availability of the product.
VI. Contractual performance and compliance
The rules contained in this chapter should be applied if the Customer qualifies as a consumer, i.e., a natural person who acts outside their profession, independent occupation, or business activity.
1. General requirements for contractual performance
The Service Provider undertakes to ensure that products and services purchased by the Customer comply with the contract terms. Contractual performance means that the product possesses all properties contained in the contract and meets requirements reasonably expected from products of the same type.
2. Basic compliance criteria
The product must comply with the description, quantity, quality, and type specified in the contract. It must also have the functionality indicated in the contract or product information, and must be suitable for the purpose communicated by the Customer during purchase and accepted by the Service Provider.
3. Meeting usual expectations
The product must also meet usual expectations for goods of the same type. This includes having reasonably expected quantitative, qualitative, and performance characteristics, including functionality, compatibility, accessibility, and safety. This includes public statements made by the Service Provider or suppliers in advertisements, product descriptions, or labels.
4. Accessories and documentation
The delivered product must include all accessories and user manuals specified in the contract, including installation instructions. The product must arrive in appropriate packaging that ensures damage-free delivery.
5. Special rules for products containing digital elements
5.1. Update obligations
If the Customer purchases a product containing digital elements (e.g., smartphone, smart TV, connected household appliance), the Service Provider is obligated to notify the Customer of all available updates necessary for proper product operation. This particularly applies to security updates. The service provider is obligated to ensure the Customer receives these updates.
5.2. Duration of updates
For one-time digital services, the Service Provider provides updates for a period reasonably expected based on product type, purpose, and contract nature. For continuous digital services, if service duration does not exceed two years, the Service Provider is obligated to provide updates within two years from performance.
5.3. Customer obligations regarding updates
If the Customer does not install updates provided by the Service Provider within a reasonable timeframe, the Service Provider is exempt from liability for errors caused by failure to update. This only applies if the Service Provider previously informed the Customer about update importance and consequences of installation failure, and failure to update did not result from deficiencies in Service Provider instructions.
6. Digital content and services
6.1. Performance requirements
For digital content provision, the Service Provider is obligated to provide Customer access to digital content without undue delay after contract conclusion, in the most current version available at contract conclusion time. Service is considered performed when digital content or access solution reaches the Customer or Customer-designated device.
7. Maintaining continuous services
If the contract concerns continuous digital service for a specified duration, the Service Provider is obligated to maintain contractual operation throughout the entire contract period.
8. Installation obligations
Service Provider responsibility
If the Service Provider undertook product installation, performance is only considered complete when installation is also properly done. If product malfunction results from improper installation performed by the Service Provider or person acting under Service Provider responsibility, the Service Provider is liable for defective performance.
Customer installation obligation
If the Customer must perform installation, and error occurred due to incomplete instructions provided by the Service Provider, the Service Provider is also liable for defective performance. Therefore, the Service Provider takes special care to provide detailed and understandable installation instructions for every product.
9. Cooperation obligations
Digital environment verification
For digital services, the Customer is obligated to cooperate with the Service Provider so the Service Provider can verify whether the error actually originates from the Customer's digital environment. The Service Provider performs this using technical means available to them and tools requiring minimal intervention.
Consequences of cooperation failure
If the Customer fails to fulfill this cooperation obligation despite clear prior information from the Service Provider, the Customer bears the burden of proving that errors discovered within one year of performance already existed at the time of performance.
10. Exceptions to compliance requirements
Previously accepted deviations
The Service Provider does not consider defective performance when the Customer received express information from the Service Provider before purchase that certain product properties differ from usual characteristics, and the Customer expressly accepted this deviation when concluding the contract.
Digital environment compatibility
For digital services, the Service Provider is not liable for errors if they can prove the Customer's digital environment did not meet service technical requirements, and they informed the Customer clearly and comprehensibly before contract conclusion.
VII. Complaint handling and customer service, for consumer complaints
The rules contained in this chapter should be applied if the Customer qualifies as a consumer, i.e., a natural person who acts outside their profession, independent occupation, or business activity.
The Service Provider's name and registered office are found in the first part of the GTC. The Customer can communicate complaints both verbally and in writing to the Service Provider.
Service Provider contact information for complaint handling:
Postal address: Major utca 1, 8074 Csókakő, Hungary
Electronic mail: varaljavarrodabt@gmail.com
Phone customer service: +36 22 422 004
In person: Major utca 1, 8074 Csókakő, Hungary
1. Handling verbal complaints
Immediate investigation
The Service Provider immediately investigates the Customer's verbal complaint and seeks to remedy it as needed. If the Customer disagrees with complaint handling, or immediate investigation of the complaint is not possible, the Service Provider immediately records the complaint and their position regarding it.
Recording minutes
Minutes recorded about the complaint include the Customer's name and address or email address, place, time and method of complaint submission, detailed complaint description, and list of documents presented by the Customer. For verbal complaints communicated in person, the Service Provider provides a copy of the minutes to the Customer on-site.
Phone complaint handling
The Service Provider assigns a unique identification number to verbal complaints communicated by phone or other electronic communication service.
The Service Provider sends a copy of complaint minutes to the Customer at the latest simultaneously with the substantive response.
The Service Provider makes audio recordings during phone complaint handling, which are kept for five years.
The Service Provider provides audio recordings made during phone service free of charge upon Customer request, and ensures listening to recordings at customer service, or sends electronic copies upon request. Requests for audio recording access are fulfilled by the Service Provider within thirty days of becoming aware.
2. Handling written complaints
Response deadline
The Service Provider responds to written Customer complaints within thirty days of receipt, in writing, substantively and in a provable manner. If the Service Provider rejects the Customer's complaint, they must justify their position.
If the Customer does not provide their name and address or email address, omits detailed complaint description, does not provide documents and other evidence necessary for complaint evaluation, the Service Provider is not obligated to respond to the complaint.
The Service Provider immediately confirms receipt of complaints submitted through their electronic interface/form to the email address provided by the consumer.
Documentation retention
The Service Provider retains complaint minutes, written complaints, and copies of substantive responses for three years, and presents them upon request from controlling authorities.
3. Legal remedy options
If the Service Provider rejects the complaint, they inform the Customer in writing about which authority or arbitration board proceedings they can initiate with their complaint. The information includes the registered office, phone and internet contact information, and mailing address of the competent authority and arbitration board according to their residence or place of stay.
Arbitration board contact information: https://bekeltetes.hu/udvozlo
Consumer protection authority contact information: https://fogyasztovedelem.kormany.hu/#/fogyasztovedelmi_hatosag
3.1 Initiating arbitration board proceedings
During complaint handling and consumer information, the Service Provider cooperates with associations representing consumer interests and consumer protection authorities.
The Service Provider informs the Customer whether they have/have not made a written general submission declaration valid until revocation to the arbitration board according to their registered office or – with effect extending to all arbitration boards – to MKIK. In the submission declaration, the Service Provider limited the scope or effect of the enterprise's obligation as follows: ------
The Service Provider informs Customers that besides Customers qualifying as consumers, civil organizations, ecclesiastical legal persons, condominiums, housing cooperatives acting for purposes outside their independent occupation and economic activity scope according to separate law, and consumers who are citizens of any member state or have residence in any member state, and enterprises with registered office in any member state that purchase goods or use services exclusively for end-use purposes within the Union, or act with such intent, can also turn to arbitration boards.
3.2 Consumer protection authority proceedings
Before initiating consumer protection authority proceedings, the Customer is obligated to directly attempt to settle the disputed matter with the Service Provider.
The Customer can initiate consumer protection authority proceedings if the Service Provider violated provisions in consumer protection legislation, particularly obligations related to distribution, service provision, complaint handling, customer service, product quality, composition, packaging, pricing, warranty and guarantee claim processing, and consumer information.
Requests submitted to consumer protection authorities must contain:
- the Service Provider's name and registered office address,
- the place where the objectionable conduct occurred,
- brief description of the request subject supported by available documents, including particularly the Service Provider's response letter to the Customer's inquiry, minutes of verbal complaints, documents proving submission for postal or electronic complaints.
Consumer protection authority proceedings cannot be initiated more than three years after the violation occurred. If the violating conduct is continuous, the deadline begins when the conduct ceases.
In consumer protection authority proceedings – within the scope of consumer interests they protect – associations representing consumer interests also have client rights.
If consumer protection authorities establish violation of consumer protection provisions, they can order cessation of the violating state, prohibit continuation of violating conduct, obligate the Service Provider to eliminate discovered defects with deadline setting, or impose consumer protection fines.
4. Service Provider procedure for repeated complaints
If the Customer submits a new complaint with identical content to a previously substantively answered complaint containing no new information, the Service Provider may omit its investigation. The service provider may also omit investigating complaints made by unidentifiable persons.
5. Fulfilling written requirements
The Service Provider can fulfill written complaint handling obligations by letter, fax, or electronic means, provided the applied tool enables permanent data storage and display in unchanged form.
VIII. Right of withdrawal for Customers qualifying as consumers
The Service Provider draws Customers' attention that withdrawal rights according to this chapter (Chapter VIII Right of withdrawal) are exclusively available to Customers qualifying as consumers, a consumer being a natural person who acts outside their profession, independent occupation, or business activity.
1. 14-day withdrawal right
For online purchases and contracts concluded outside business premises, the Customer has a fourteen-day withdrawal right without justification.
If a service contract was concluded and service performance began within the fourteen-day period at the Customer's express request, they have termination rights regarding the service contract.
2. Beginning and calculation of withdrawal period
For goods sales, the withdrawal period is fourteen days from goods receipt. If multiple goods were purchased and delivered at different times, the fourteen-day period is calculated from receipt of the last goods. If goods consisting of multiple items or pieces were ordered, the period begins from receipt of the last item or piece.
For regular goods delivery, when goods are regularly delivered within a specified period, the withdrawal period is fourteen days from receipt of the first delivery.
For services, the withdrawal period is fourteen days from contract conclusion.
Goods can be received by the Customer personally or by a third party designated by the Customer other than the carrier.
3. Early exercise of withdrawal right
For goods purchases, the Customer can exercise withdrawal rights not only after goods receipt but also during the period between contract conclusion and goods receipt.
4. Offer withdrawal
If the Customer made an offer for contract conclusion, they are entitled to withdraw their offer before contract conclusion, which eliminates offer binding regarding contract conclusion.
5. Method and deadline for exercising rights
The Customer can exercise withdrawal or termination rights in writing, with clear declaration or using the Withdrawal/Termination Declaration Form according to Annex 2 of Government Decree 45/2014 (II. 26.) on detailed rules for contracts between consumers and enterprises. Rights exercise is considered timely if the declaration is sent to the Service Provider before the fourteen-day deadline expires.
6. Legal consequences of withdrawal or termination
Service Provider obligations in case of withdrawal or termination
6.1. Purchase price refund
If the Customer lawfully exercises withdrawal or termination rights, the Service Provider immediately, but at latest within fourteen days of learning about withdrawal, refunds the total amount paid by the Customer as consideration. This includes costs related to performance, including shipping fees.
6.2. Method of purchase price refund
The Service Provider refunds the amount due using the same payment method originally used by the Customer.
The Service Provider may use different payment methods for refund with the Customer's express consent, but this does not result in additional charges for the Customer.
6.3. Special shipping costs
If the Customer expressly chose a shipping method different from the least costly usual shipping method, the Service Provider is not obligated to refund resulting additional costs.
6.4. Right of retention
For goods sales, the Service Provider is entitled to withhold purchase price refund until the Customer returns the goods or conclusively proves their return shipment. The Service Provider considers the earlier of the two timepoints. This retention right does not apply if the Service Provider undertook to transport the goods back themselves.
6.5. Data processing and digital content
In case of withdrawal, the Service Provider fulfills obligations according to 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).
The Service Provider refrains from using any content other than personal data provided or created by the Customer during use of digital content or digital services provided by the Service Provider, except if such content a) cannot be used in connection with digital content or digital services provided by the Service Provider, b) relates exclusively to Customer activity during use of digital content or digital services provided by the Service Provider, c) has been combined by the Service Provider with other data and cannot be separated or can only be separated with disproportionate effort, or d) was created jointly by the Customer with other persons and other Customers can continue using it. Content created by the Customer in connection with digital content or services, other than personal data, is made available upon request, except if the given content cannot be used in other contexts, relates exclusively to Customer activity, has been combined with other data, or was created jointly with other consumers. The Customer is entitled to download digital content free of charge, without restrictions, within reasonable time, in commonly used and machine-readable data format. In case of withdrawal – while respecting above rules – the Service Provider may prevent further use of digital content or services.
Customer obligations in case of withdrawal or termination
6.6. Goods return
In case of withdrawal, the Customer is obligated to return goods immediately, but at latest within fourteen days of communicating withdrawal, or hand them over to the Service Provider. Return is considered timely if goods are sent before deadline expiration. This obligation does not exist if the Service Provider undertook goods return transportation.
6.7. Return shipping costs
Direct costs of goods return are basically borne by the Customer, except if the Service Provider undertook to bear these costs. If during off-premises contract conclusion goods were delivered to the address requested by the Customer, and due to goods nature cannot be returned as postal shipment, the Service Provider transports goods back at their own cost.
6.8. Liability for value decrease
The Customer is only liable for value decrease resulting from use exceeding that necessary to establish goods nature, properties, and operation. If the Service Provider did not provide necessary information about withdrawal rights, the Customer is not liable for value decrease.
6.9. Proportionate service fee
If the Service Provider and Customer concluded a service contract and requested early performance commencement, then exercises termination rights after performance commencement, they are obligated to pay proportionate fees for services performed until termination. The Service Provider calculates proportionate amounts based on total consideration established in the contract, except if the Customer proves this is excessively high, in which case market value applies.
6.10. Cessation of digital content use
For digital content or services, upon withdrawal the Customer is obligated to refrain from further use and making them available to third parties.
6.11. When can withdrawal rights not be exercised?
- After complete service performance.
- For service contracts, the Customer cannot exercise withdrawal rights after complete service performance, provided performance began with the Customer's express prior consent and acknowledgment that they would lose withdrawal rights after performance.
- For personalized and perishable product purchases.
- The Customer cannot exercise withdrawal rights for personalized goods, perishable or short shelf-life goods, and sealed packaged products that cannot be returned after opening for health protection or hygiene reasons.
- For sealed entertainment product purchases.
- Withdrawal rights do not apply to Customer purchases of sealed packaged audio and video recordings and computer software after opening.
- For time-bound service purchases.
- For accommodation, transportation, car rental, catering, or leisure services where the Service Provider specified concrete performance time, withdrawal rights cannot be exercised.
- For digital content purchases.
- For digital content not provided on tangible media, withdrawal rights cannot be exercised if performance began with the Customer's express prior consent and the Customer acknowledged losing withdrawal rights thereby.
6.12. Effect on ancillary contracts
If ancillary contracts are connected to the Customer's contract, exercising withdrawal or termination rights also dissolves or terminates these ancillary contracts. The Customer is not obligated to compensate for damage resulting from ancillary contract termination, and no other costs burden them in this connection. The Service Provider immediately notifies third parties participating in ancillary contracts about the Customer's withdrawal or termination.
IX. Service Provider rights if Customer does not collect the product
1. If the Customer does not collect the delivered product, the Service Provider is entitled to initiate repeated delivery, the Service Provider ties delivery to payment of shipping fee.
2. If during repeated delivery the Customer again does not collect the product, this qualifies as serious contract breach and the Service Provider is entitled to terminate the contract with immediate effect. The Service Provider is entitled to deliver termination to the Customer's email address provided in the Webshop. Termination is considered delivered when the email containing termination was delivered to the recipient's mail server, the email must be considered delivered and undisputed without confirmation if no disputing declaration arrives from the other party within 3 working days.
3. If points 1-2 have already been applied to the Customer, the Service Provider may tie acceptance of further orders from the Customer to advance payment of product purchase prices and shipping fees.
X. Consumer protection information
For points X. 1-3. [1. Defect warranty, 2. Product warranty, 3. Guarantee] Customer means consumer; consumer is a natural person who acts outside their profession, independent occupation, or business activity.
The Service Provider provides information in point 4. for Customers not qualifying as consumers.
1. Defect warranty
When can the Customer exercise defect warranty rights?
In case of defective performance, the Customer can assert defect warranty claims against the Service Provider according to Civil Code rules. This right applies in every case when the purchased product does not comply with contract terms or does not have usual properties.
When exercising defect warranty rights, the Customer can choose to request defective product repair or replacement, except if the chosen claim is impossible to fulfill or would involve disproportionate additional costs for the Service Provider compared to fulfilling other claims. If the Customer did not or could not request repair or replacement, they may demand proportionate consideration reduction, or ultimately withdraw from the contract. They can switch from chosen defect warranty right to another, but the Customer bears switching costs, except if it was justified or the Service Provider gave cause.
Within what deadline can the Customer assert defect warranty claims?
The Customer is obligated to communicate defects immediately after discovery, but at latest within two months of defect discovery to the Service Provider. The Service Provider draws the Customer's attention that they cannot exercise defect warranty rights beyond the two-year limitation period from contract performance. For used goods this period is [.................................], but at least one year.
Against whom can defect warranty claims be asserted?
The Customer can assert defect warranty claims against the Service Provider.
What other conditions exist for exercising defect warranty rights?
Within one year from performance, in order to enforce the warranty for defects (kellékszavatosság), the Customer is only required to report the defect, provided that the Customer proves that the product was delivered by the Webshop. After one year from performance, however, the Customer must prove that the defect identified by the Customer already existed at the time of performance.
2. Product Warranty
In what case may the Customer exercise their product warranty rights?
In the event of a defect in a movable item (hereinafter referred to as "product" for the purposes of this section), the Customer may, at their choice, enforce either the right specified in Section 1 or a product warranty claim under the provisions of the Civil Code.
What rights does the Customer have based on a product warranty claim?
As a product warranty claim, the Customer may request the repair or replacement of the defective product.
Against whom can the Customer enforce a product warranty claim?
The Customer may enforce their product warranty rights against the manufacturer or distributor of the product (hereinafter collectively: manufacturer).
When is a product considered defective?
A product is considered defective if it does not comply with the quality requirements in force at the time it was placed on the market, or if it does not have the characteristics described by the manufacturer.
Within what time limit may the Customer enforce a product warranty claim?
The Customer may enforce their product warranty claim within two years from the date the product was placed on the market by the manufacturer. After this period, the Customer loses this right.
What rules of proof apply when enforcing a product warranty claim?
When enforcing a product warranty claim, the Customer must prove that the defect already existed at the time the product was placed on the market by the manufacturer.
In what cases is the manufacturer exempt from product warranty obligations?
The manufacturer is exempt from product warranty obligations if it can prove that
- the product was not manufactured or placed on the market in the course of its business activity, or
- the defect could not have been detected given the state of scientific and technical knowledge at the time the product was placed on the market, or
- the defect in the product results from the application of a law or a mandatory regulatory requirement. The manufacturer only needs to prove one reason for exemption.
The Service Provider draws the Customer’s attention to the fact that, for the same defect, the Customer may simultaneously and in parallel enforce a warranty for defects (kellékszavatosság) claim against the Service Provider and a product warranty claim against the manufacturer. If the product warranty claim is successfully enforced, the Customer may subsequently enforce warranty for defects claims regarding the replaced product or the repaired part of the product only against the manufacturer.
3. Guarantee
In what case may the Customer exercise their guarantee rights?
If the Service Provider has provided a guarantee or is required by law to provide a guarantee, during the guarantee period the Service Provider is liable for defective performance under the conditions set out in the guarantee statement or applicable law.
What rights does the Customer have if the guarantee is based on law?
In the case of a new durable consumer good (hereinafter: consumer good) as defined in the ministerial decree on mandatory guarantees for certain durable consumer goods, the Customer may exercise the rights specified in Section 1 due to defective performance, under the conditions set out in the government decree on mandatory guarantees for certain durable consumer goods.
What additional rights does the Customer have in the case of a statutory guarantee?
For consumer goods, the Customer may primarily request repair during the guarantee period. Replacement is possible after the first unsuccessful repair attempt if it is determined that the consumer good cannot be repaired and the Customer does not request any other claim. The Customer may also request replacement if repair is not carried out within thirty days of reporting the request for repair. Replacement may also be requested if the consumer good fails again after three repairs during the guarantee period, provided that the Customer does not request another claim. If replacement is not possible in the above cases, the Customer may request a refund of the purchase price.
Within what time limit may the Customer exercise their statutory guarantee rights?
The duration of the guarantee for consumer goods is
a) two years for a purchase price between HUF 10,000 and HUF 250,000,
b) three years for a purchase price above HUF 250,000.
What rights and deadlines apply if the guarantee is based on voluntary commitment?
In the event of defective performance of the ..., the Customer shall be entitled to the guarantee rights specified in the guarantee statement ..., within the deadline of ... and under the conditions of ...
What condition is required to enforce guarantee claims?
The Customer may exercise their guarantee rights with the guarantee certificate provided to them. The improper issue of the guarantee certificate or failure to provide one does not affect the validity of the guarantee. If the guarantee certificate is not provided, the contract is considered proven if the Customer presents proof of payment. The enforcement of guarantee claims does not depend on returning the original packaging of the consumer good.
What additional requirements may be imposed as a condition for exercising guarantee rights?
Special requirements (such as periodic inspection) may be imposed on the consumer to ensure proper installation or maintenance of the consumer good, provided that proper installation or maintenance cannot otherwise be ensured, and the requirement does not impose a disproportionate burden on the consumer.
When is the Service Provider exempt from guarantee obligations?
The Service Provider is exempt from guarantee obligations if it proves that the defect arose after performance.
The Service Provider draws the Customer’s attention to the fact that the Customer may simultaneously and in parallel enforce warranty for defects and guarantee claims, as well as product warranty and guarantee claims, for the same defect. However, if the Customer has successfully enforced a claim for defective performance for a given defect (e.g. the Service Provider replaced the product), they cannot enforce another claim on a different legal basis for the same defect.
4. Information on rights enforceable in the event of defective performance – In contracts between businesses
Warranty for Defects
When may warranty for defects rights be exercised?
A warranty for defects claim may be exercised if the purchased product or service does not meet the quality requirements set out in the contract or by law at the time of performance.
What rights does the Customer have?
The Customer may choose to exercise the following warranty for defects rights:
The Customer may request repair or replacement, unless fulfilling the chosen warranty for defects right is impossible or would result in disproportionate additional costs.
If the Service Provider does not undertake repair or replacement, or is unable to do so, the Customer may request a proportional reduction of the purchase price, repair the defect themselves or have it repaired at their own expense, or withdraw from the contract.
What deadlines must be observed?
The Customer must notify the Service Provider of the defect without delay after discovery. For movable property, warranty for defects claims expire within one year from performance.
Cost allocation
The Service Provider shall bear the costs associated with fulfilling warranty obligations. However, if the Customer’s failure to perform maintenance obligations contributed to the defect, the Customer must bear the costs proportionally.
Possibility of changing claims
The Customer may switch from the chosen warranty for defects right to another, but must pay any costs caused by the change, unless the change was justified by the Service Provider’s conduct or otherwise reasonable.
Guarantee
When is it applicable?
If the Service Provider has provided a guarantee or is required by law to provide a guarantee, during the guarantee period the Service Provider is liable for defective performance under the conditions set out in the guarantee statement or applicable law.
Exemption
The Service Provider is exempt from guarantee obligations if it proves that the defect arose after performance.
Parallel exercise of rights
The guarantee does not affect warranty for defects rights arising from law, which may be exercised in parallel.
Important information
Warranty for defects rights may also be enforced as an objection against a claim arising from the same contract even if the warranty claim has expired.
In the event of replacement or withdrawal from the contract, the Customer is not obliged to reimburse the depreciation resulting from normal use.
Withdrawal is not possible for insignificant defects.
XI. Other Provisions and Information
1. The Service Provider informs the Customer that
a. the annual availability of the servers ensuring data management exceeds 99.9%. Regular backups are made to protect data, so in case of data loss the original content can be restored,
b. stored information is kept in MSSQL and MySQL databases, sensitive data is protected by strong encryption, using hardware-based encryption solutions integrated into the processor.
2. The Service Provider informs the Customer that the Sellvio rating system operates on the Webshop’s website.
a. The rating system evaluates the operation of the webshop itself, not individual products, based solely on the opinions of real customers.
b. The following technical security measures are applied during the review process:
i. The option to leave a review is activated only after purchase. The system operates independently from the webshop, and reviews are stored by Sellvio (ErdSoft Kft.: company registration number: 06-09-030198, registered office: 6720 Szeged, Kígyó utca 4.).
ii. Reviews can only be submitted following a purchase, based on an invitation sent to the provided email address.
iii. It is important to note that neither reviews nor opinions can be deleted – both positive and negative feedback are displayed, ensuring the system provides an authentic picture of the webshop’s operation.
