CUSTOM MTB CLOTHING  |  WILD MINDS COMPANY  |  CUSTOM MADE MTB ZIP-SHIRTS & MTB JERSEYS

 

Consumer information

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Information on the consumer buyer’s right of withdrawal

Under Section 8:1 (1)(3) of the Civil Code, only a natural person acting outside the scope of their trade, self-employment, or business activity qualifies as a consumer, so legal entities may not exercise the right of withdrawal without justification!

Under Section 20 of Government Decree 45/2014 (II.26.), the consumer is entitled to withdraw without justification. The consumer may exercise their right of withdrawal within a period of 14 calendar days, counted from the date of

a) in the case of a contract for the sale of Goods

aa) the Goods,

ab) in the case of the sale of several Goods, if the individual items are delivered at different times, the last item delivered,

ac) in the case of goods consisting of multiple lots or pieces, the last lot or piece delivered,

ad) if the goods must be delivered regularly within a specified period, the first delivery,

taking possession by the consumer or a third party designated by the consumer other than the carrier.

This provision does not affect the consumer’s right to exercise the right of withdrawal set out in this section also during the period between the date of conclusion of the contract and the date of receipt of the Goods.

If the consumer made the offer for concluding the contract, the consumer is entitled, before the conclusion of the contract, to withdraw the offer, which terminates any binding effect of the offer on the conclusion of the contract.

If the Seller has not informed the consumer of the deadline for exercising the right of withdrawal and other conditions (in particular those set out in Section 22 of the Government Decree), or of the model declaration under Annex 2, the withdrawal period stated above shall be extended by 12 months. If the Seller provides the consumer with information on exercising the right of withdrawal within 12 months of the expiry of the withdrawal period, the period for withdrawal or termination shall expire on the 14th day after such information is communicated.

Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses can be accessed here.

 

Declaration of withdrawal, exercise of 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 means of an unambiguous declaration to this effect, using the model declaration also downloadable from the website, or by using the withdrawal function.

 

The withdrawal function

The withdrawal function is an online withdrawal declaration through which the consumer can communicate to the business: their decision to withdraw from the contract, their name, data identifying the contract affected by the withdrawal, and details of the electronic device on which the consumer will receive confirmation of the withdrawal.

The withdrawal function is accessible on the Website via the “Withdraw from the contract” link. The consumer may send the online withdrawal declaration to the Seller using the confirmation function labeled “Confirm withdrawal.”

Upon becoming aware of the withdrawal, the Seller shall without undue delay send the consumer, on a durable medium, an acknowledgment of receipt containing the content of the withdrawal and the date and time it was sent.

 

Validity of the consumer’s declaration of withdrawal

The right of withdrawal shall be considered exercised within the deadline if the consumer sends their declaration within the deadline.

In the case of withdrawal or termination in writing, it is sufficient to send the declaration of withdrawal or termination within the deadline.

The consumer bears the burden of proving that they exercised the right of withdrawal in accordance with this provision.

The Seller must confirm the consumer’s declaration of withdrawal on an electronic data carrier after its receipt.

 

The Seller’s obligations in the event of the consumer’s withdrawal

 

The Seller’s obligation to refund

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the full amount paid by the consumer as consideration, including costs incurred in connection with performance, such as the shipping fee, no later than within fourteen days of becoming aware of the withdrawal. Please note that this provision does not apply to additional costs arising from choosing a shipping method other than the cheapest standard shipping method offered.

 

Method of the Seller’s refund obligation

In the case of withdrawal or termination in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the amount due to the consumer using the same payment method used by the consumer. With the consumer’s express consent, the Seller may use a different payment method for the refund, but the consumer may not be charged any additional fee as a result. The Seller shall not be liable for any delay resulting from an incorrectly and/or inaccurately provided bank account number or postal address by the consumer.

 

Additional costs

If the consumer expressly chooses a shipping method other than the cheapest standard shipping method offered, the Seller is not obliged to refund the resulting additional costs. In such cases, our refund obligation is limited to the amount of the standard shipping fees indicated.

 

Right of retention

The Seller may withhold the refund due to the consumer until the consumer has returned the Goods, or has provided undisputable proof that the Goods have been sent back, whichever occurs first. We are unable to accept packages sent cash-on-delivery or with postage due.

The consumer’s obligations in case of withdrawal or termination

 

Return of 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 without delay, but no later than within fourteen days of communicating the withdrawal, or hand them over to the Seller or to a person authorized by the Seller to receive the Goods. The return shall be deemed to be made within the deadline if the consumer sends the Goods before the deadline expires.

 

Bearing the direct costs of returning the Goods

The consumer bears the direct cost of returning the Goods. The Goods must be sent back to the Seller’s address. If the Seller also sells the Goods at a physical retail premises, and the consumer exercises the right of withdrawal in person at the business’s retail premises, they are entitled to return the goods at the same time. If the consumer, after performance has begun, terminates a contract for the provision of services concluded outside a retail premises or at a distance, they must pay the business a fee proportionate to the service performed up to the time the termination was communicated to the business. The proportionate amount payable by the consumer must be determined based on the total consideration set out in the contract, including tax. If the consumer proves that the total amount so determined is excessively high, the proportionate amount must be calculated based on the market value of the services performed up to the date of termination of the contract. Please note that we are unable to accept Goods returned cash-on-delivery or with postage due.

 

Consumer’s liability for diminished value

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

 

The right of withdrawal cannot be exercised in the following cases

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

1. after full performance of the service, however, if the contract creates a payment obligation for the consumer, this exception may only be relied upon if performance began with the consumer’s express prior consent, and with the consumer’s acknowledgment that they lose their right of withdrawal once the business has fully performed the contract;

2. in respect of Goods or services whose price depends on fluctuations in the financial market beyond the business’s control, which may occur even within the period for exercising the right of withdrawal;

3. in respect of Goods that are not prefabricated and were produced based on the consumer’s instructions or at their express request, or Goods that were clearly personalized for the consumer;

4. in respect of Goods that are perishable or have a short shelf life;

5. in respect of sealed Goods that cannot be returned after being unsealed following delivery for health or hygiene reasons (Please note that for such sealed Goods, use beyond what is necessary to establish the nature, characteristics, and functioning of the Goods results in loss of the right of withdrawal.);

6. in respect of Goods that, by their nature, become inseparably mixed with other goods after delivery;

7. in respect of alcoholic beverages whose actual value depends on market fluctuations beyond the business’s control, and whose price was agreed upon by the parties at the time of concluding the sales contract, but performance of which only takes place after the thirtieth day following conclusion;

8. in respect of a contract for work in which the business visits the consumer at the consumer’s express request to carry out urgent repair or maintenance work;

9. in respect of the sale of sealed audio or video recordings or computer software, if the consumer has unsealed the packaging after delivery;

10. in respect of newspapers, periodicals, and magazines, except for subscription contracts;

11. in respect of contracts concluded at a public auction;

12. in respect of contracts for accommodation services other than for residential purposes, transport of goods, car rental, catering, or services related to leisure activities, if the contract specifies a particular date or period of performance;

13. in respect of digital content not supplied on a tangible medium, if the Seller began performance with the consumer’s express prior consent, and the consumer, at the same time as giving this consent, acknowledged that they would lose their right of withdrawal once performance began, and the business has sent confirmation to the consumer.

 

Information on product warranty, warranty of conformity, and guarantee relating to the conformity of goods, applicable to consumer contracts

This section of the consumer information has been prepared pursuant to the authorization under Section 11(5) of Government Decree 45/2014 (II.26.), taking into account Annex 3 to Government Decree 45/2014 (II.26.)

This consumer information applies exclusively to Buyers qualifying as consumers; rules applicable to buyers not qualifying as consumers are set out in a separate section.

 

Requirements for conforming performance in the case of a consumer contract

 

General requirements for conforming performance for goods sold under a consumer contract

The Goods and their performance must, at the time of performance, comply with the requirements set out in Government Decree 373/2021 (VI.30.).

For performance to be considered conforming, the Goods subject to the contract must

• comply with the description, quantity, quality, and type specified in the contract, and possess the functionality, compatibility, interoperability, and other characteristics specified in the contract;

• be fit for any particular purpose for which the consumer requires them, which the consumer made known to the Seller at the latest at the time of concluding the contract, and which the Seller accepted;

• possess all accessories and instructions — including installation instructions and customer support — specified in the contract; and

• provide the updates specified in the contract.

Furthermore, for performance to be considered conforming, the Goods subject to the contract must

• be fit for the purposes for which goods of the same type are normally used, having regard to legislation, technical standards, or, in the absence of a technical standard, applicable codes of conduct;

• possess the quantity, quality, performance, and other characteristics — particularly in terms of durability, repairability, functionality, compatibility, accessibility, continuity, and security — that the Consumer may reasonably expect for goods of that type, taking into account any public statement made by the Seller, its representative, or another person in the distribution chain regarding the specific properties of the Goods, particularly in advertising or on the label;

• possess the accessories and instructions — including packaging and installation instructions — that the consumer may reasonably expect; and

• correspond to the properties and description of any sample, model, or trial version made available by the business before the conclusion of the contract.

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

• it was not aware of the public statement and could not reasonably have been aware of 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 decision to conclude the contract.

 

Specific requirements for conforming performance in the case of goods with digital elements

For goods with digital elements, the Seller must ensure that the consumer is notified of updates — including security updates — to the digital content of the goods or a related digital service that are necessary to maintain conformity of the goods, and must ensure the consumer actually receives them.

The Seller must make such updates available for a period that is reasonably expected by the consumer, having regard to the type and purpose of the goods and digital elements, the individual circumstances, and the nature of the contract, if the sales contract provides for

• a single supply of the digital content or digital service; or, if the sales contract provides for

• the continuous supply of the digital content over a specified period, for a continuous supply period of two years or less, updates must be provided for two years from delivery of the goods.

If the consumer does not install the available updates within a reasonable time, the Seller shall not be liable for a defect in the goods resulting solely from the failure to apply the relevant update, provided that

1. the Seller informed the consumer of the availability of the update and the consequences of the consumer’s failure to install it; and

2. the consumer’s failure to install the update, or incorrect installation of the update, was not attributable to shortcomings in the installation instructions provided by the Seller.

No defective performance shall be established if, at the time of concluding the contract, the consumer was separately informed that a specific characteristic of the goods differs from what is described here, and the consumer expressly and separately accepted this deviation when concluding the sales contract.

 

Requirements for conforming performance for digital content sold under 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 supply the digital content to the consumer without undue delay after concluding the contract, in the latest version available at the time of concluding the contract.

The service is considered performed once the digital content, or any solution necessary for accessing or downloading it, has been made available to the consumer, or to the physical or virtual device selected by the consumer for this purpose.

The Seller must ensure that the consumer is notified of updates — including security updates — to the digital content that are necessary to maintain the conformity of the digital content or digital service, and must ensure the consumer receives them.

If, under the contract, the digital content is to be supplied continuously over a specified period, the conformity of the digital content must be ensured throughout the entire duration of the contract.

If the consumer does not install the updates made available by the Seller within a reasonable time, the Seller shall not be liable for a defect in the service resulting solely from the failure to apply the relevant update, provided that

• the Seller informed the consumer of the availability of the update and the consequences of the consumer’s failure to install it; and

• the consumer’s failure to install the update, or incorrect installation of the update, was not attributable to shortcomings in the installation instructions provided by the Seller.

No defective performance shall be established if, at the time of concluding the contract, the consumer was separately informed that a specific characteristic of the digital content differs from the requirements set out here, and the consumer expressly and separately accepted this deviation when concluding the contract.

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

• the integration of the digital content was carried out by the Seller, or was carried out under the Seller’s responsibility; or

• the digital content had to be integrated by the consumer, and the improper integration was caused by shortcomings 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 specified period, the Seller is liable for a defect in the digital content if the defect occurs, or becomes apparent, within the period specified in the contract.

If the contract provides for a single service or a series of individual service acts, it shall be presumed, unless proven otherwise, that a defect recognized by the consumer within one year of 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 digital service, and it informed the consumer of this clearly and comprehensibly before the conclusion of the contract.

The consumer must cooperate with the Seller so that the Seller — using means that are technically available and require the least intervention from the consumer — can determine whether the cause of the defect lies in the consumer’s digital environment. If the consumer fails to fulfill this duty of cooperation after having been clearly and comprehensibly informed of this obligation by the Seller before concluding the contract, the consumer bears the burden of proving that

• a defect recognized within one year of performance already existed at the time of performance; or

• the service affected by a defect recognized during the contractual period was not conforming during the period of contractual performance.

Defective performance of a contract for the sale of goods

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

1. installation forms part of the sales contract and was carried out by the Seller, or was carried out under the Seller’s responsibility; or

2. installation had to be carried out by the consumer, and the improper installation resulted from shortcomings in the installation instructions provided by the Seller — or, in the case of goods with digital elements, by the supplier of the digital content or digital service.

If, under the sales contract, the goods are to be installed by the Seller, or installation takes place under the Seller’s responsibility, performance by the Seller shall be considered complete once installation is complete.

If, for goods with digital elements, the sales contract provides for the continuous supply of digital content or a digital service over a specified period, the Seller is liable for a defect in the goods relating to the digital content if the defect occurs, or becomes recognizable, within two years of performance of the goods (for continuous supply of two years or less) or throughout the entire duration of the continuous supply (for supply exceeding two years).

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Warranty of conformity

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When can you exercise your right to warranty of conformity?

In the event of defective performance by the Seller, you may assert a claim for warranty of conformity against the Seller under the rules of the Civil Code and, for consumer contracts, Government Decree 373/2021 (VI.30.).

 

What rights are you entitled to under your warranty of conformity claim?

You may — at your choice — assert the following warranty of conformity claims:

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

Before bringing the Goods into conformity, the Seller shall inform the Consumer that, based on their warranty of conformity claim, they may choose repair or replacement, and that in the case of repair, the limitation period for the warranty of conformity claim shall be extended once by twelve months.

Depending on the characteristics of the given product category, the Seller may lend the Consumer a replacement item free of charge for the duration of the repair; the replacement item may also be a refurbished item. Provision of a replacement item is not automatic and may only occur based on the Seller’s separate undertaking.

At the Consumer’s express request, the Seller may also fulfill its obligation to replace the goods with a refurbished item.

You may switch from one chosen warranty of conformity right to another, but you shall bear the cost of the switch, unless it was justified, or was caused by the Seller.

In the case of a consumer contract, unless proven otherwise, it shall be presumed that a defect recognized within one year of the performance of the goods, and goods with digital elements, already existed at the time of the goods’ performance, unless this presumption is incompatible with the nature of the goods or the nature of the defect.

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

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

• the Seller did not carry out the repair or replacement, or did carry it out, but partly or wholly failed to meet the following conditions

• the Seller must, at its own expense, ensure the return collection of the replaced goods

• if 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 removal of the non-conforming goods and installation of the replacement or repaired goods, or bearing the costs of removal and installation.

• the Seller refused to bring the goods into conformity

• a repeated performance defect occurred despite the Seller’s attempt to bring the goods into conformity

• the defect in performance is of such severity as to justify an immediate price reduction or immediate termination of the sales contract, or

• the Seller did not undertake to bring the goods into conformity, or it is clear from the circumstances that the business will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.

If the consumer wishes to terminate the sales contract citing defective performance, the burden is on the Seller to prove that the defect is minor.

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

As a general rule:

• the Seller must, at its own expense, ensure the return collection of the replaced goods

• if 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 removal of the non-conforming goods and installation of the replacement or repaired goods, or bearing the costs of removal and installation.

The reasonable time available for carrying out repair or replacement of the Goods shall be calculated from the time the Consumer notified the business of the defect.

The consumer must make the Goods available to the business for the purpose of carrying out the repair or replacement.

A reduction in consideration is proportionate if its amount equals the difference between the value of the goods the Consumer would have received under conforming performance and the value of the goods the Consumer actually received.

The Consumer’s warranty of conformity right to terminate the sales contract may be exercised by a legal declaration addressed to the Seller expressing the decision to terminate.

If the defective performance affects only a specific part of the goods supplied under the sales contract, and the conditions for exercising the right to terminate the contract are met with respect to those items, the Consumer may terminate the sales contract only with respect to the defective goods, but may also terminate it with respect to any other goods acquired together with them, if the Consumer cannot reasonably be expected to retain only the goods conforming to the contract.

If the Consumer terminates the sales contract in whole, or with respect to a portion 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, without delay, refund to the Consumer the purchase price paid for the affected goods, once it has received the goods or proof confirming the return of the goods.

The Seller must draw up a record of the warranty of conformity claim reported to it by the consumer, and must make a copy of it available to the consumer without delay, in a verifiable manner.

If, at the time the claim is reported, the business is unable to state whether the consumer’s warranty claim can be fulfilled, it must, within 8 days, notify the consumer, in a verifiable manner, of its position — including, if the claim is rejected, the reasons for the rejection and the possibility of turning to the conciliation board.

The Seller must strive to complete the repair or replacement within fifteen days at the latest. If the repair or replacement takes longer than fifteen days, the business must inform the consumer of the expected duration of the repair or replacement.

 

Within what deadline can you exercise your warranty of conformity claim?

You must report the defect immediately after its discovery. A defect reported within two months of its discovery shall be considered reported without delay. Please note, however, that you may no longer exercise your warranty of conformity rights after the two-year limitation period from performance of the contract has elapsed.

If the goods are brought into conformity by repair, the limitation period for the warranty of conformity claim shall be extended once by twelve months.

The portion of the repair time during which the Buyer is unable to use the Goods as intended shall not count toward the limitation period.

The limitation period for the warranty of conformity claim starts anew for the part of the Goods affected by the replacement or repair. This rule also applies if a new defect arises as a result of the repair.

 

Against whom can you assert your warranty of conformity claim?

You may assert your warranty of conformity claim against the Seller.

 

What other conditions apply to exercising your warranty of conformity rights?

Within one year of performance, there is no other condition for exercising your warranty of conformity claim beyond reporting the defect, if you prove that the Goods were supplied by the Seller. However, after one year has elapsed from performance, you must prove that the defect you discovered already existed at the time of performance.

 

Specific rules for warranty of conformity claims in the case of digital content services

The consumer is also entitled — proportionate 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

1. repair or replacement is impossible, or would result in disproportionate additional costs to the Seller;

2. in exercising the warranty of conformity right to repair or replacement — without significant inconvenience to the consumer, having regard to the nature and purpose of the digital content or digital service — the Seller does not bring performance into conformity free of charge within a reasonable time of the consumer reporting the defect;

3. a repeated performance defect occurred despite the business’s attempt to bring the goods into conformity;

4. the defect in performance is of such severity as to justify an immediate price reduction or immediate termination of the contract; or

5. the Seller did not undertake to bring the service into conformity, or it is clear from the circumstances that the business will not bring the service into conformity within a reasonable time or without significant inconvenience to the consumer.

In exercising the warranty of conformity right to repair or replacement, the Seller must — without significant inconvenience to the consumer, having regard to the nature and purpose of the digital content or digital service — bring performance into conformity free of charge within a reasonable time of the consumer reporting the defect.

In exercising the warranty of conformity right to repair or replacement, the Seller may choose the method of bringing the digital content into conformity, depending on the technical characteristics of the digital content.

A reduction in consideration is proportionate if its amount equals the difference between the value of the service the consumer would have received under conforming performance and the value of the service actually provided to the consumer.

If the contract provides for continuous supply of the service over a specified period, the proportionate reduction of the consideration must relate to the period during which the service was not conforming.

If the consumer wishes to terminate the contract citing defective performance, the burden is on the Seller to prove that the defect is minor.

If the Seller supplies, or undertakes to supply, digital content, and the consumer’s sole consideration is to provide, or undertake to provide, personal data to the Seller, the consumer is entitled to terminate the contract even in the case of a minor defect, but may not request a proportionate reduction of the consideration.

The consumer’s warranty of conformity right to terminate the contract may be exercised by a legal declaration addressed to the Seller expressing the decision to terminate.

If the Seller does not fulfill its performance, the consumer must call upon the Seller to perform. If, despite the consumer’s request, the Seller fails to supply or provide the digital content without delay, or within an additional period agreed by the parties, the consumer may terminate the contract.

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

• the Seller did not undertake to supply the digital content, or it is clear from the circumstances that it will not supply the digital content; or

• based on the parties’ agreement or the circumstances of concluding the contract, it is clear that performance at a specific time is essential for the consumer, and the Seller fails to do so.

If the contract is terminated, the Seller must refund the full amount paid by the consumer as consideration.

However, if performance was conforming for a certain period before termination of the contract, the consideration due for that period need not be refunded. In this latter case, the portion of the consideration relating to the period of non-conforming performance must be refunded, as well as any consideration paid in advance by the consumer that would have been due for the remaining period of the contract had it not been terminated.

If the consumer is entitled to a proportionate reduction of the consideration or to terminate the contract, the Seller must fulfill its refund obligation without delay, but no later than within fourteen days of becoming aware of the exercise of this right.

The business shall refund the amount due to the consumer using the same payment method used by the consumer. With the consumer’s express consent, the Seller may use a different payment method for the refund, but the consumer may not be charged any additional fee as a result.

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

If the contract is terminated, the Seller may prevent the consumer from further using the digital content, in particular by making the digital content or digital service inaccessible to the consumer, or by disabling the consumer’s user account.

If the contract is terminated, the consumer must refrain from using the digital content and from making it accessible to third parties.

If the digital content was supplied on a physical medium, the consumer, at the Seller’s request communicated within fourteen days of becoming aware of the termination, must return the physical medium to the Seller without delay, at the Seller’s expense.

The consumer must pay a fee, proportionate to the conforming performance provided, for use of the digital content for the period prior to termination of the contract.

 

Product warranty

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In what cases can you exercise your product warranty right?

In the event of a defect in movable property (Goods), you may — at your choice — assert either a warranty of conformity claim or a product warranty claim, under the rules of the Civil Code.

 

What rights are you entitled to under your product warranty claim?

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

 

In what cases are the Goods considered defective?

The Goods are defective if they do not comply with the quality requirements in effect at the time they were placed on the market, or if they do not have the characteristics described by the manufacturer.

 

Within what deadline can you exercise your product warranty claim?

You may exercise your product warranty claim within two years from the date the manufacturer placed the Goods on the market. After this deadline elapses, you lose this right.

 

Against whom can you exercise your product warranty claim?

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

 

What evidentiary rule applies when exercising a product warranty claim?

When exercising a product warranty claim, you must prove that the product defect existed at the time the manufacturer placed the product on the market.

 

In what cases is the manufacturer exempt from product warranty obligations?

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

• it did not manufacture or place the Goods on the market in the course of its business activity, or

• the defect was not recognizable, according to the state of science and technology at the time the goods were placed on the market, or

• the defect in the Goods arose from the application of legislation or a mandatory official regulation.

It is sufficient for the manufacturer to prove one such ground for exemption.

Please note that you may assert a warranty of conformity claim against the business and a product warranty claim against the manufacturer simultaneously and in parallel for the same defect. If your product warranty claim is successfully asserted, you may only assert a warranty of conformity claim relating to the replaced product, or the repaired part of the product, against the manufacturer going forward.

 

Guarantee

The Seller does not sell products subject to mandatory guarantee; the products it sells are not subject to Government Decree 151/2003 (IX.22.) on the mandatory guarantee for certain durable consumer goods.

 

Information on product warranty, warranty of conformity, and guarantee relating to the conformity of goods, for buyers who do not qualify as consumers

 

General rules on warranty of conformity rights

A Buyer who does not qualify as a consumer may — at their choice — assert the following warranty of conformity claims:

They may request repair or replacement, unless fulfilling the claim chosen is impossible, or would impose disproportionate additional costs on the Seller compared to fulfilling another claim. If they did not, or could not, request repair or replacement, they may request a proportionate reduction of the consideration, or the Buyer may repair the defect at the Seller’s expense or have it repaired by a third party, or — as a last resort — withdraw from the contract.

They may switch from one chosen warranty of conformity right to another, but shall bear the cost of the switch, unless it was justified, or was caused by the Seller.

For buyers who do not qualify as consumers, the limitation period for exercising the warranty of conformity right is 1 year, starting from the date of performance (handover).

 

Product warranty and guarantee

Product warranty, as well as mandatory guarantee, are only available to buyers who qualify as consumers, and, subject to the conditions set out below, to micro, small, and medium-sized enterprises.

If the manufacturer provides a manufacturer’s guarantee for the Goods that also extends to buyers who do not qualify as consumers, it may be asserted directly against the manufacturer.

 

Special rules relating to micro, small, and medium-sized enterprises

The provisions of this section apply exclusively to micro, small, and medium-sized enterprises (“SMEs”) under the Act on Small and Medium-Sized Enterprises and the Support of Their Development, acting outside the scope of their trade, self-employment, or business activity.

 

Warranty of conformity for SMEs

 

Within what deadline can you exercise your warranty of conformity claim?

You must report the defect immediately after its discovery. A defect reported within two months of its discovery shall be considered reported without delay. Please note, however, that you may no longer exercise your warranty of conformity rights after the two-year limitation period from performance of the contract has elapsed.

 

Against whom can you assert your warranty of conformity claim?

You may assert your warranty of conformity claim against the Seller.

 

What rights are you entitled to under your warranty of conformity claim?

You may — at your choice — assert the following warranty of conformity claims:

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

Within 6 months of performance, there is no other condition for exercising your warranty of conformity claim beyond reporting the defect, if you prove that the Goods were supplied by the Seller. However, after 6 months have elapsed from performance, you must prove that the defect you discovered already existed at the time of performance.

 

Product warranty for SMEs

 

In what cases can you exercise your product warranty right?

In the event of a defect in movable property (Goods), you may — at your choice — assert either a warranty of conformity claim or a product warranty claim, under the rules of the Civil Code.

 

What rights are you entitled to under your product warranty claim?

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

 

Within what deadline can you exercise your product warranty claim?

You may exercise your product warranty claim within two years from the date the manufacturer placed the Goods on the market. After this deadline elapses, you lose this right.

 

Against whom can you exercise your product warranty claim?

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

• it did not manufacture or place the Goods on the market in the course of its business activity, or

• the defect was not recognizable, according to the state of science and technology at the time the goods were placed on the market, or

• the defect in the Goods arose from the application of legislation or a mandatory official regulation.

It is sufficient for the manufacturer to prove one such ground for exemption.