Preamble
Welcome to our website!
Thank you for choosing our company and for placing your trust in us.
The following General Terms and Conditions (GTC) set out the rules applicable to browsing and purchasing on our website. The document was generated using the Sellvio GTC generator.
If you have any questions about the content of the GTC, the operation of the website, the products, the purchasing process, or if you would like to discuss custom requirements with us, please contact our customer service using any of the provided contact methods.
Imprint: Information about the Service Provider (Seller, Company)
Name: Őri József Balázs EV
Registered office: 7100 Szekszárd, Bátaszéki út
Company registration number: 37‑44‑9089
Tax number: 66672829137
Representative: Őri József Balázs
Phone: +36 30/571‑2287
Email: info@oriautomentes.hu
Website: oriautomentes.hu
Hosting Provider Information
Name: Yettel Magyarország Zrt.
Registered office: Hungary, Törökbálint, Pannon út 1.
Website: yettel.hu
Definitions
Product: A tangible item offered for sale on our website, including:
- water, gas or electricity supplied in a container, bottle or other limited quantity or fixed volume;
- movable items that contain or are connected with digital content or digital services in such a way that without the digital content or service the item would not function as intended.
Product containing digital elements: A movable item that includes or is closely connected to digital content or a digital service, and without such digital content or service cannot fulfill its function.
Digital content: Data produced or supplied in digital form.
The Parties: The Seller and the Buyer jointly.
Consumer: A natural person acting outside their trade, business or profession.
Consumer contract: A contract in which one party qualifies as a consumer.
Functionality: The property of a product with digital elements, digital content or service that makes it capable of performing its intended operations.
Manufacturer: The producer of the Product, or in case of an imported product within the EU, the importer; also anyone indicated as the manufacturer on the packaging, trademark or distinguishing sign.
Interoperability: The ability of a product with digital elements, digital content or service to work with different types of hardware or software.
Compatibility: The ability of a product with digital elements, digital content or service to operate with similar intended-purpose hardware and software without modification.
Website: The Seller’s website serving as the platform for contract formation.
Durable medium: A device enabling the recipient to store and access personal data addressed to them in unchanged form over a prolonged period.
Remote communication equipment: Any tool allowing contract conclusion without the physical presence of the Parties, such as the internet, telephone, fax, printed form or advertisement with an order form.
Distance contract: A consumer contract concluded exclusively through a system of organized distance selling using telecommunications tools.
Enterprise: A natural or legal person acting in the course of their business or professional activity.
Buyer / You: The person placing an offer to purchase via the Website and entering into a contract with the Seller.
Warranty: For contracts between consumer and enterprise, the warranty is defined as follows:
- Voluntary warranty: A commitment beyond or in absence of legal obligation by the enterprise to properly perform the contract.
- Mandatory warranty: A warranty required by law on the enterprise.
Purchase price: The consideration payable for the Product and for the provision of digital content or services.
Applicable laws
Hungarian law governs the Contract, particularly the following statutes apply:
- Act CLV of 1997 on Consumer Protection
- Act CVIII of 2001 on Electronic Commerce Services and Certain Services Related to the Information Society
- Act V of 2013 on the Civil Code
- Government Decree 151/2003 (IX.22.) on mandatory warranties for durable consumer goods
- Ministerial Decree 10/2024 (VI.28.) defining the scope of durable goods under mandatory warranty
- Government Decree 45/2014 (II.26.) on detailed rules for contracts between consumer and enterprise
- NGM Decree 19/2014 (IV.29.) on procedures for handling warranty and guarantee claims on goods sold to consumers
- Act LXXVI of 1999 on Copyright
- Act CXII of 2011 on Informational Self‑Determination and Freedom of Information
- EU Regulation 2018/302 of the European Parliament and Council
- EU Regulation 2016/679 (GDPR) and repealing Directive 95/46/EC
- Government Decree 373/2021 (VI.30.) on detailed rules for contracts concerning the sale of goods and digital content/services
Scope and Acceptance of the General Terms and Conditions (GTC)
These GTC govern the content of the contractual legal relationship formed through the Website, along with mandatory legal provisions. The GTC define the rights and obligations of the Buyer and Seller, the conditions for contract formation, performance deadlines, payment and delivery terms, liability rules, and the procedure for exercising the right of withdrawal.
Any technical information necessary for using the Website not contained in these GTC is made available through other information accessible on the Website.
Before finalizing the order, the Buyer is required to read and accept the provisions of these GTC.
Contract language and form
The language of contracts under these GTC is Hungarian.
These contracts are concluded electronically, are not considered handwritten contracts, and the Seller does not register them.
Complaint handling and legal recourse
If you experience any personal legal or interest infringement relating to the purchased Product or the actions of the Seller or any person acting on behalf of the Seller, you may submit your complaint using one of the following methods:
- In writing via the online interface: oriautomentes.hu
- In writing by email: info@oriautomentes.hu
- In writing by postal mail: 7100 Szekszárd, Bátaszéki út
Please note that warranty and guarantee claims are governed by specific legislation and are not handled under the Consumer Protection Act.
A consumer protection complaint – which is not a warranty or guarantee claim – can be submitted verbally or in writing. Verbal complaints are investigated immediately, and if immediate resolution is not possible, a record is made, which is provided to the consumer.
The enterprise is obliged to investigate and, if possible, resolve a verbal complaint immediately. If the consumer disagrees with the way the complaint is handled or immediate investigation is not feasible, the enterprise must prepare a record stating its position on the complaint.
A copy of the complaint record:
- If submitted verbally in person, it must be handed over to the consumer on the spot,
- If submitted by phone or other electronic means, the record must be sent within 30 days together with a substantive response, following the rules for written complaints. The record must include:
- the consumer’s name and address,
- the place, date and method of submitting the complaint,
- a detailed description of the consumer’s complaint, and a list of documents, exhibits and other evidence presented by the consumer,
- the enterprise’s statement with respect to the consumer’s complaint if immediate investigation was possible,
- the name of the person recording the complaint, and except for telephone or electronic verbal complaint, the consumer’s signature,
- the place and time of drawing up the record,
- in case of verbal complaint via phone or electronic means, the unique identifier number of the complaint.
Written complaints – unless EU law provides otherwise – must be responded to in writing within 30 days from receipt via a durable medium, and steps must be taken to forward the reply. If the complaint is rejected, the Seller must send a written, reasoned explanation to the consumer. The response must also include information on which authority or reconciliation body the consumer may turn to, depending on the nature of the complaint. That information must include the name, address, phone number, electronic contact, and mailing address of the competent body. The Seller has not made a general submission statement.
Legal recourse – if complaint handling fails
Consumer protection procedure
The consumer is entitled to appeal to the consumer protection authority competent for their place of residence if they believe they have been harmed. Following the submission, the authority will decide whether to proceed. First-instance consumer protection tasks are performed by the Budapest Capital and county government offices; their contact details are available here:
Address: 9022 Győr, Türr István Street 7
Email: fogyasztovedelem@gyor.gov.hu
Phone: +36 96 795 950
Website: kormanyhivatalok.hu/transport‑technical‑regulation
Jurisdiction: Győr‑Moson‑Sopron County
Heves County Government Office – Consumer Protection Department
Address: 3300 Eger, Kossuth Lajos Street 9
Mailing address: 3301 Eger, P.O. Box 216
Email: fogyved@heves.gov.hu
Phone: 06 (36) 515‑469
Fax: 06 (36) 516‑040
Website: kormanyhivatalok.hu/technical‑and‑consumer‑protection
Jurisdiction: Heves County
Komárom‑Esztergom County Government Office – Consumer Protection Department
Address: 2800 Tatabánya, Bárdos László Street 2
Email: fogyasztovedelem.meff@komarom.gov.hu
Phone: (34) 309‑303
Website: kormanyhivatalok.hu/transport‑technical‑reg‑conspro
Jurisdiction: Komárom‑Esztergom County
Somogy County Government Office – Consumer Protection Department
Address: 7400 Kaposvár, Vásártéri Street 2
Email: fogyasztovedelem@somogy.gov.hu
Phone: 06 82 510 868
Website: kormanyhivatalok.hu/transport‑technical‑reg‑conspro
Jurisdiction: Somogy County
Tolna County Government Office – Consumer Protection Department
Address: 7100 Szekszárd, Kiskorzó Square 3
Email: fogyasztovedelem@tolna.gov.hu
Phone: (74) 795‑384
Website: kormanyhivatalok.hu/transport‑technical‑reg‑conspro
Jurisdiction: Tolna County
Veszprém County Government Office – Consumer Protection Department
Address: 8200 Veszprém, Kistó Street 1
Mailing address: 8200 Veszprém, Kistó Street 1
Email: fogyasztovedelem@veszprem.gov.hu
Phone: +36 88 550 510
Website: kormanyhivatalok.hu/transport‑technical‑reg‑conspro
Jurisdiction: Veszprém County
Pest County Government Office – Consumer Protection Main Department
Address: 1072 Budapest, Nagy Diófa Street 10‑12
Mailing address: 6001 Kecskemét, P.O. Box 189
Email: fogyved@pest.gov.hu
Phone: 06 1 459 4843
Website: kormanyhivatalok.hu/consumer‑protection‑pest
Jurisdiction: Pest County
Baranya County Government Office – Consumer Protection Department
Address: 7630 Pécs, Hengermalom Street 2
Mailing address: 7630 Pécs, Hengermalom Street 2
Email: fogyasztovedelem@baranya.gov.hu
Phone: 06 72 795 398
Website: kormanyhivatalok.hu/transport‑technical‑reg‑conspro
Jurisdiction: Baranya County
Borsod‑Abaúj‑Zemplén County Government Office – Consumer Protection Department
Address: 3527 Miskolc, József Attila Street 20
Email: fogyasztovedelem@borsod.gov.hu
Phone: 06 46 795 779
Website: kormanyhivatalok.hu/transport‑technical‑reg‑conspro
Jurisdiction: Borsod‑Abaúj‑Zemplén County
Fejér County Government Office – Consumer Protection Department
Address: 8000 Székesfehérvár, Honvéd Street 8
Email: fogyved@fejer.gov.hu
Phone: +36 22 501 751
Website: kormanyhivatalok.hu/transport‑technical‑reg‑conspro
Jurisdiction: Fejér County
Hajdú‑Bihar County Government Office – Consumer Protection Department
Address: 4025 Debrecen, Széchenyi Street 46
Mailing address: 4025 Debrecen, Széchenyi Street 46
Email: fogyasztovedelem@hajdu.gov.hu
Phone: 06 52 533 924
Fax: 06 52 504 105
Website: kormanyhivatalok.hu/transport‑technical‑reg‑conspro
Jurisdiction: Hajdú‑Bihar County
Jász‑Nagykun‑Szolnok County Government Office – Consumer Protection Department
Address: 5000 Szolnok, Indóház Street 8
Email: jasz.fogyved@jasz.gov.hu
Phone: 56 / 795‑165
Website: kormanyhivatalok.hu/transport‑technical‑reg‑conspro
Jurisdiction: Jász‑Nagykun‑Szolnok County
Nógrád County Government Office – Consumer Protection Department
Address: 3100 Salgótarján, Karancs Street 54
Email: fogyved@nograd.gov.hu
Phone: 06 32 511‑116
Website: kormanyhivatalok.hu/transport‑technical‑reg‑conspro
Jurisdiction: Nógrád County
Szabolcs‑Szatmár‑Bereg County Government Office – Consumer Protection Department
Address: 4400 Nyíregyháza, Hatzel Square 10
Mailing address: 4401 Nyíregyháza, P.O. Box 77
Email: fogyasztovedelem@szabolcs.gov.hu
Phone: 06 42 500 694
Website: kormanyhivatalok.hu/transport‑technical‑reg‑conspro
Jurisdiction: Szabolcs‑Szatmár‑Bereg County
Vas County Government Office – Consumer Protection Department
Address: 9700 Szombathely, Wesselényi Street 7
Mailing address: 9702 Szombathely, P.O. Box 24
Email: fogyasztovedelem@vas.gov.hu
Phone: +36 70 705‑1435
Website: kormanyhivatalok.hu/transport‑technical‑reg‑conspro
Jurisdiction: Vas County
Zala County Government Office – Consumer Protection Department
Address: 8900 Zalaegerszeg, Pintér Máté Street 22
Mailing address: 8900 Zalaegerszeg, Pintér Máté Street 22
Email: fogyasztovedelem.zala@zala.gov.hu
Phone: +36 92 510‑530
Website: kormanyhivatalok.hu/transport‑technical‑reg‑conspro
Jurisdiction: Zala County
Headquarters: Szeged
Jurisdiction: Békés County, Bács-Kiskun County, Csongrád-Csanád County
Contact:
Address: 6721 Szeged, Párizsi Blvd. 8-12.
Phone number: 06-62/549-392
E-mail: bekelteto.testulet@cskik.hu
Website: bekeltetes-csongrad.hu
Győr-Moson-Sopron County Conciliation Board
Headquarters: Győr
Jurisdiction: Győr-Moson-Sopron County, Vas County, Zala County
Contact:
Address: 9021 Győr, Szent István Road 10/a.
Phone number: 06-96-520-217
E-mail: bekeltetotestulet@gymskik.hu
Website: bekeltetesgyor.hu
Pest County Conciliation Board
Headquarters: Budapest
Jurisdiction: Pest County
Contact:
Address: 1055 Budapest, Balassi Bálint St. 25. IV/2.
Phone number: 06-1-792-7881
E-mail: pmbekelteto@pmkik.hu
Website: panaszrendezes.hu
Conciliation procedure for persons not considered consumers
Based on consumer protection regulations, certain organizations defined by law – such as civil organizations, church legal entities, condominiums, housing cooperatives – are entitled to use the conciliation procedure even if their activity is not consumer-oriented. The condition is that the organization orders, uses, or utilizes the goods not in connection with their business or professional activity. The Conciliation Board is authorized to verify and assess the consumer status. The general rules of the conciliation procedure apply.
Partial invalidity, code of conduct
If any provision of these Terms and Conditions is contrary to or invalid under law, it does not affect the validity of the other provisions. In such a case, the relevant statutory provisions shall apply instead.
The Seller does not adhere to any code of conduct as defined by the law prohibiting unfair commercial practices against consumers.
Use of the website
Ordering is only available for businesses with a tax number and a registered account.
Methods of collection, collection fees
Personal collection
The ordered Goods can also be collected personally in our store.
Fulfillment deadline
In the case of a Buyer considered a Consumer – unless otherwise agreed – the Seller must provide the Goods without delay after the conclusion of the contract, but no later than within thirty days.
Based on the above, the general fulfillment deadline is a maximum of 30 days, calculated from the confirmation of the order. For other – but not exceeding 30 days – deadlines, the Seller will provide specific information under the relevant delivery method.
In case of the Seller's delay, the Buyer is entitled to act according to the provisions of the Civil Code (Act V of 2013).
Reservation of rights, retention of ownership
If the Buyer failed to collect a previous order (except when exercising the right of withdrawal), or the package was returned to the Seller marked "not claimed", the Seller is entitled to condition the fulfillment of the new order on the prior payment of the purchase price and shipping costs.
The Seller may withhold delivery of the Goods until it is confirmed that the full purchase price has been received. This also applies to electronic payment solutions and bank transfers made in the Buyer's national currency, where due to currency conversion or bank fees, the full amount does not reach the Seller.
In such cases, the Seller is entitled to request the Buyer to supplement the missing amount and may withhold the Goods until full payment is made.
Sales outside Hungary
The Seller does not differentiate between users purchasing in Hungary and users purchasing from within the European Union but outside Hungary. The provisions of the General Terms and Conditions apply equally to all Buyers. For interpretation, a Buyer is considered any natural person or business who resides in, is established in, or is a citizen of an EU member state, and purchases goods or services for end use.
A consumer is any natural person acting outside their trade, business, craft, or profession.
The default language of communication and sales is Hungarian. The Seller is not obliged to communicate in the official language of the Buyer's member state.
The Seller is not required to comply with specific legal requirements (e.g., labeling, sector regulations) applicable in the Buyer’s member state, and is not obligated to provide prior information about these.
Unless otherwise specified, all products are subject to the Hungarian value-added tax (VAT).
Electronic payment takes place in the currency specified by the Seller during the ordering process. The Seller may withhold delivery until it confirms that the total purchase price and shipping costs have been successfully received. This also applies when the Buyer pays in another currency and, due to exchange rates or bank fees, the full amount is not received. In such cases, the Seller may request the Buyer to pay the difference.
The Seller provides all delivery and collection options available to Hungarian Buyers to Buyers within the European Union as well. Therefore, non-Hungarian Buyers may request delivery to Hungary or to any other EU member state using the delivery methods indicated in the Terms and Conditions. They may also opt for personal collection.
Furthermore, non-Hungarian Buyers may arrange for international delivery at their own expense. This right is not available to Hungarian Buyers.
If the delivery fee is not paid, or the Buyer fails to organize their own delivery within the agreed deadline, the Seller is entitled to withdraw from the contract and refund the purchase price already paid.
Consumer Information
Information on the right of withdrawal for consumer buyers
According to Section 8:1 (1) point 3 of the Civil Code, only a natural person acting outside the scope of their profession, self-employment, or business activity is considered a consumer, therefore legal entities are not entitled to the right of withdrawal without justification!
The consumer is entitled to the right of withdrawal without justification under Section 20 of Government Decree 45/2014 (II. 26.). The consumer may exercise the right of withdrawal:
a) in the case of a contract for the sale of Goods
aa) for the Goods,
ab) in the case of multiple Goods where the individual Goods are delivered at different times, for the last delivered Good,
ac) in the case of Goods consisting of multiple items or parts, for the last delivered item or part,
ad) if the Goods are to be delivered regularly over a defined period, for the first delivery.
The consumer is entitled to withdraw from the contract within 14 calendar days from the date of receiving the Goods. This deadline starts on the day the consumer or a third party designated by the consumer other than the carrier receives the Goods.
It is important to emphasize that the consumer has the right to indicate their intention to withdraw even between the conclusion of the contract and the receipt of the Goods.
If the contract was concluded based on the consumer's offer, the consumer may withdraw the offer before the conclusion of the contract, thereby terminating the binding nature of the offer.
If the Seller fails to inform the consumer about the deadline and conditions for exercising the right of withdrawal (especially those set out in Section 22 of Government Decree 45/2014 (II.26.)) or the legally required model withdrawal form, the 14-day withdrawal period is automatically extended by 12 months.
If the Seller provides this information within the extended 12-month period, the withdrawal deadline will expire on the 14th day from the date of the notification.
Withdrawal statement, exercising the consumer’s right of withdrawal or termination
The consumer may exercise the right granted under Section 20 of Government Decree 45/2014 (II. 26.) by making a clear statement to this effect or by using the model withdrawal form downloadable from the website.
Validity of the consumer's withdrawal statement
The deadline for exercising the right of withdrawal is considered met if the consumer sends the statement by the last day of the deadline. In case of written withdrawal, the date of posting is decisive. The consumer bears the burden of proof that the statement was made within the deadline. The Seller is obliged to confirm receipt of the consumer’s withdrawal statement electronically.
The Seller must confirm the receipt of the consumer’s withdrawal statement on a durable medium after its arrival.
Seller's obligations in case of withdrawal by the consumer
Refund obligation
If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller must refund the full amount paid by the consumer, including delivery costs, within 14 days. The refund does not cover extra charges beyond the cost of the cheapest standard delivery method.
Method of the Seller's refund obligation
In case of withdrawal or termination according to Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the amount due to the consumer using the same payment method that was originally used by the consumer. With the express consent of the consumer, the Seller may use another payment method for the refund, but the consumer shall not incur any additional charges as a result. The Seller is not liable for any delays caused by the consumer providing an incorrect or inaccurate bank account number or postal address.
Additional costs
If the consumer explicitly chooses a delivery method that is more expensive than the least costly standard method, the Seller is not obliged to refund the resulting additional cost. In such a case, the refund obligation is limited to the standard delivery fee.
Right of retention
The Seller may withhold the refund until the consumer has returned the Goods or has proven credibly that they have been sent back. The Seller does not accept parcels sent with cash on delivery or postage due.
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 must return the Goods immediately, but no later than within fourteen days from the notification of withdrawal, either to the Seller or to a person authorized by the Seller to receive the Goods. The return is considered timely if the consumer sends the Goods before the deadline expires.
Direct costs related to returning the Goods
The consumer shall bear the direct cost of returning the Goods. The Goods must be returned to the address provided by the Seller. If the Seller also sells products in a physical store, the consumer may personally return the Goods to the business at the same time as exercising the right of withdrawal.
If the consumer exercises the right of termination after performance has begun in the case of a contract concluded off-premises or remotely, they must reimburse the business for the proportionate fee for the services provided up to the point of termination. The basis of this is the total price including tax stated in the contract. If the consumer believes that this amount is disproportionately high, they may prove that the market value of the services provided until termination is lower and may request an adjustment of the proportionate fee.
Please note that we cannot accept parcels sent with cash on delivery or postage due, and such packages will be automatically returned to the sender.
Consumer’s responsibility for depreciation of the goods
The consumer is only liable for any decrease in the value of the goods if it results from use beyond what is necessary to determine the nature, characteristics, and functioning of the goods. This means that the consumer is not liable for trying the goods to the extent necessary to determine their condition, operation, and characteristics, but any use beyond that – especially if it prevents the goods from being resold – may result in depreciation, which the consumer must reimburse.
Limitation of the right of withdrawal – when cannot it be exercised?
The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal in the cases listed in Section 29 (1) of Government Decree 45/2014 (II.26):
a. after the complete performance of a service, however, if the contract imposes a payment obligation on the consumer, this exception may only apply if performance began with the consumer’s express prior consent and acknowledgment that they lose their right of withdrawal once the contract is fully performed;
b. in respect of goods or services the price of which depends on fluctuations in the financial market beyond the control of the Seller and which may occur within the withdrawal period;
c. in the case of non-prefabricated Goods produced on the basis of the consumer’s instructions or explicit request, or clearly personalized Goods;
d. in the case of perishable or short-lived quality Goods;
e. in the case of sealed Goods which are not suitable for return for health protection or hygiene reasons and were unsealed after delivery (We warn you that for sealed Goods which are not suitable for return for health or hygiene reasons once unsealed after delivery, use necessary to determine the nature, properties and functioning of the Goods results in the loss of the right of withdrawal.);
f. in the case of Goods which, by their nature, are inseparably mixed with other items after delivery;
g. in the case of alcoholic beverages whose actual value is dependent on fluctuations in the market not controlled by the Seller and which were agreed upon at the time of the conclusion of the contract, but the performance takes place only after 30 days from the conclusion of the contract;
h. in the case of a service contract where the Seller visits the consumer at their express request for urgent repair or maintenance work;
i. in the case of the sale of sealed audio or video recordings, or copies of computer software if unsealed by the consumer after delivery;
j. in respect of newspapers, journals, and periodicals, except for subscription contracts;
k. in the case of contracts concluded at a public auction;
l. in the case of accommodation contracts for purposes other than housing, transport of goods, car rental services, catering or leisure activities, if the contract specifies a specific performance date or deadline;
m. in the case of digital content not supplied on a tangible medium, if performance has begun with the consumer's express prior consent and acknowledgment that they thereby lose their right of withdrawal.
Information on product conformity guarantees, product warranty, and implied warranty related to consumer contracts
This section of the consumer information has been prepared pursuant to Section 11 (5) of Government Decree 45/2014 (II.26) with regard to Annex 3 of the same decree.
The Consumer Information applies exclusively to Buyers who qualify as consumers. Rules applicable to buyers who do not qualify as consumers are included in a separate section.
Requirements for proper performance in the case of a consumer contract
General requirements for proper performance in the sale of Goods and Goods containing digital elements under a consumer contract
The conditions for proper performance are as follows:
- The Goods must correspond to the description, quantity, quality, type set out in the contract and possess the agreed functionality, compatibility, interoperability, and other characteristics.
- The Goods must be fit for any specific purpose which the consumer made known to the Seller before or at the time of the conclusion of the contract and which the Seller accepted.
- They must include all accessories specified in the contract, user manuals including installation and commissioning instructions, as well as customer support.
- They must ensure availability of updates required by the contract.
- In addition to the above, the Goods must also meet the usual expectations:
- Be fit for the purposes for which goods of the same type are normally used, as defined by law, technical standards, or in their absence, general industry practices.
- Possess the quantity, quality, and performance characteristics that are reasonably expected, including functionality, compatibility, accessibility, continuity, and security. This includes any public statements made by the Seller or other parties in the supply chain – for example, in advertising or labeling.
- Include all accessories and instructions that the consumer may reasonably expect, including appropriate packaging.
- Match the characteristics of any sample or model that was made available to the consumer before the contract was concluded or tested as a trial version.
Exceptions: The Goods do not have to comply with public statements if the Seller can prove that:
- they were not aware of the statement and were not expected to be aware of it;
- the statement was corrected appropriately before the contract was concluded;
- the public statement did not influence the consumer's decision to enter into the contract.
Defective performance in contracts for the sale of goods
Defective performance in the case of a contract for the sale of goods occurs if the defect results from improper installation, provided that:
- installation is part of the sales contract and was carried out by the Seller or a person for whom the Seller is responsible; or
- the installation had to be carried out by the consumer but the defect is due to the Seller’s (or for Goods with digital elements, the digital provider’s) defective installation instructions.
If the Seller undertook installation, performance is considered completed only when the installation has also been completed.
In the case of Goods containing digital elements
If the contract provides for continuous digital content or service, the Seller is liable for any defect that occurs or becomes apparent within two years from performance – provided the duration of service does not exceed two years.
To maintain the conformity of Goods with digital elements, the Seller must:
notify the consumer of any available updates necessary for the proper operation of the product (including security updates);
ensure that the consumer receives these updates.
Duration for making updates available:
- In the case of a one-time digital service: for a period reasonably expected based on the type, purpose of the product, nature of the contract, and circumstances.
- In the case of continuous digital service (not exceeding two years): within two years from the time of performance.
If the consumer does not install the provided updates within a reasonable time, the Seller is not liable for any defects if:
- the consumer was previously informed of the importance of the update and the consequences of not installing it;
- the failure to install or the incorrect installation was not due to deficiencies in the Seller’s instructions.
Exceptions from establishing defective performance
The following are not considered defective performance:
- if the consumer was specifically informed before the purchase that certain features of the Goods deviate from the usual characteristics;
- and the consumer expressly accepted this deviation at the time of contract conclusion.
Requirements for proper performance in the sale of digital content under a consumer contract
The Seller provides the digital content to the consumer. Unless otherwise agreed by the parties, the Seller must ensure access to the digital content for the consumer without undue delay after the conclusion of the contract, and in the latest version available at the time of the contract conclusion.
The Seller ensures that the digital content is provided:
- In the quantity, quality, and performance characteristics that the consumer may reasonably expect.
- Compatible, interoperable, and accessible, as required.
- In accordance with public statements made by the Seller or other participants in the supply chain (such as advertising or labeling).
When does performance take place?
Performance takes place when the digital content becomes available to the consumer or to a physical or digital device chosen by the consumer for access or downloading, or when access becomes possible.
Liability for defective performance
The Seller is released from liability for defective performance if the consumer was aware of the defect at the time of concluding the contract or should have been aware of it.
Assumption of defect within 1 year
If the consumer contract relates to the sale of goods, and the consumer discovered the defect within one year of receipt, the defect is presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the defect.
Legal guarantee for consumers
Legal guarantee period
The consumer may enforce a legal guarantee claim for the product's defect within a two-year limitation period from the date of delivery. After the two-year limitation period, the consumer loses this right.
Who can you enforce the legal guarantee claim against?
The consumer may enforce their legal guarantee claim against the Seller.
What rights does the consumer have based on the legal guarantee?
The consumer may, at their choice, request repair or replacement unless the chosen option is impossible or would result in disproportionate additional costs compared to the other option. If the consumer did not or could not request repair or replacement, they may request a proportionate price reduction or withdraw from the contract. There is no right of withdrawal for minor defects.
The consumer may switch between the chosen legal guarantee rights, but they must bear the cost of switching unless it was justified or the Seller gave a reason for it.
Deadlines for enforcing the legal guarantee
The consumer must report the defect immediately after discovering it. A defect reported within two months of discovery is considered reported without delay. However, please note that you may only exercise your legal guarantee rights within the two-year limitation period (one year for second-hand goods).
What are the conditions for enforcing the legal guarantee?
Within one year of delivery, the enforcement of the legal guarantee claim is not subject to any conditions other than notifying the defect, if the consumer proves that the product or service was provided by the Seller.
After one year from delivery, the consumer must also prove that the defect existed at the time of delivery.
Product warranty for consumers
If the product is defective, the consumer may choose to enforce either the legal guarantee or the product warranty.
What rights does the consumer have based on the product warranty, and what is the deadline?
As part of a product warranty claim, the consumer may only request the repair or replacement of the defective product. The product is defective if it does not meet the quality requirements in force at the time of placing on the market or does not possess the characteristics specified by the manufacturer.
The product warranty claim may be enforced by the consumer within two years from the date the product was placed on the market. This deadline is forfeiture-based, meaning the consumer loses this right after the deadline.
Against whom and under what other conditions can the consumer enforce the product warranty claim?
The consumer may only enforce the product warranty claim against the manufacturer or distributor of the movable good. In a product warranty claim, the consumer must prove the defect of the product.
When is the manufacturer (distributor) released from the product warranty obligation?
The manufacturer (distributor) is only released from the product warranty obligation if they can prove that:
- they did not manufacture or distribute the product as part of their business activity, or
- the defect was not detectable according to the state of science and technology at the time of placing on the market, or
- the product’s defect results from the application of a law or a binding regulatory provision.
For the exemption, it is sufficient for the manufacturer (distributor) to prove one reason.
Please note that the same defect cannot be the subject of both a legal guarantee and a product warranty claim at the same time. However, if your product warranty claim is successfully enforced, you may assert your legal guarantee claim for the replaced product or the repaired part against the Seller.
Warranty
If the Seller provides a commercial warranty for the product, the rights arising from this must be clearly indicated in the warranty statement.
The warranty statement must be made available on a durable medium at the latest at the time of delivery of the goods. It must contain:
- The clear statement that in case of defective performance, the consumer has legal rights under law (legal guarantee) and that the warranty does not affect these rights.
- The name and address of the guarantor.
- The procedure to be followed by the consumer to assert the warranty.
- The specification of the product to which the warranty applies.
- The terms of the warranty, including its duration and territorial scope.
Enforcement of warranty claims
The warranty claim may be enforced during the warranty period. If the warrantor fails to fulfill their obligations voluntarily, the claim can be enforced through the courts.
The warranty claim must be substantiated by the warranty certificate. The consumer must keep the warranty certificate and the invoice.
Final provisions
Any matters not regulated herein are governed by the provisions of Hungarian law, especially the Civil Code and the applicable consumer protection regulations.