Terms and Conditions
General Terms and Conditions
Effective from this date: 2023-10-01
- Preamble
- Imprint
- Definitions
- Applicable laws
- Scope of the General Terms and Conditions
- Language and form of the contract
- Prices
- Procedure in case of incorrect pricing
- Complaint handling and enforcement options
- Partial invalidity, code of conduct
- Correction of input errors
- Use of the website
- Processing of orders, formation of the contract
- Payment methods
- Delivery methods
- Delivery deadline
- Reservation of rights
- Sales abroad
- Consumer information
- Right of withdrawal
- Warranty rights
Preamble
Welcome to our website! Thank you for honoring us with your trust during your purchase!
This online store's General Terms and Conditions were created with the Consumer-Friendly Terms and Conditions Generator.
If you have any questions regarding these General Terms and Conditions, the use of the website, specific products, or if you would like to discuss your individual needs with us, please contact our colleague at the provided contact information!
Imprint: Data of the Service Provider (Seller, Business)
- Name: Erisz'92 Kft.
- Registered office: 2040 Budaörs Liliom u.2/a
- Mailing address: 2040 Budaörs Liliom u.2/a
- Store, pick-up point address: 1076 Budapest Garay tér 9.
- Registry authority: Budapest Környéki Törvényszék
- Company registration number: 13-09-081673
- Tax number: 11802497-1-13
- Representative: Imre Kovács
- Phone number: +36702024458
- Email: info@tenshibag.hu
- Website: https://tenshibag.hu/, https://tenshibag.com
- Bank account number: 11707103-20000404
Data of the Hosting Service Provider
- Name:
- Registered office:
- Contact:
- Website:
Terms
Goods: items listed on the Website intended for sale, including movable objects, water, gas, and electricity in limited quantities or with specified capacity, as well as movable objects containing digital content or connected to it in a way that without the digital content or service, the goods cannot fulfill their functions (hereinafter: goods containing digital elements).
Goods Containing Digital Elements: movable objects that include digital content or digital services, or are connected to them in a way that without the digital content or service, the goods cannot fulfill their functions.
Parties: Seller and Buyer collectively.
Consumer: a natural person acting outside the scope of their profession, independent occupation, or business activity.
Consumer Contract: a contract in which one party qualifies as a consumer.
Functionality: the ability of goods containing digital elements, digital content, or digital services to perform functions corresponding to their purpose.
Manufacturer: the producer of the goods; in the case of imported goods, the importer bringing the goods into the territory of the European Union, and any person presenting themselves as the manufacturer by indicating the name, trademark, or other distinctive sign of the goods.
Interoperability: the ability of goods containing digital elements, digital content, or digital services to operate together with hardware and software different from that with which identical types of goods, digital content, or digital services are generally used.
Compatibility: the ability of goods containing digital elements, digital content, or digital services to operate together with hardware or software of the same type without the need for conversion.
Website: the present website serving for the conclusion of the contract.
Contract: the sales contract concluded between the Seller and the Buyer through the Website and electronic communication.
Durable Data Carrier: any device enabling the consumer or business to store personally addressed data in an accessible way for the future and for a period corresponding to the purpose of the data, as well as to display the stored data in an unchanged form.
Means of Distance Communication: a tool suitable for making contractual statements in the absence of the parties, particularly the addressed or unaddressed form, standard letter, advertisement published in the press with an order form, catalog, telephone, telefax, and an online access-providing tool.
Distance Contract: a consumer contract concluded within the framework of organized remote sales where the parties do not meet physically, and the conclusion of the contract uses means of distance communication.
Business: a person acting within the scope of their profession, independent occupation, or business activity.
Buyer/You: the person making a purchase offer through the Website and entering into a contract.
Guarantee: In contracts concluded between consumers and businesses (hereinafter: consumer contracts), the guarantee assumed for the performance of the contract by the business beyond its legal obligations or voluntarily in the absence of such obligations, as well as the mandatory legal guarantee.
Purchase Price: the consideration for the Goods and the provision of digital content.
Applicable Laws
The Hungarian legal provisions apply to the Contract, particularly the following laws:
- Consumer Protection Act of 1997 (CLV) Electronic Commerce Services and Information Society Services Act of 2001 (CVIII)
- Civil Code of 2013 (V) Government Decree
- 151/2003 (IX.22.) on the Mandatory Guarantee for Durable Consumer Goods Government Decree
- 45/2014 (II.26.) on the Detailed Rules of Contracts between Consumers and Businesses Government Decree
- 19/2014 (IV.29.) on the Procedure for Handling Warranty and Guarantee Claims for Goods Sold under a Consumer and Business Contract
- Copyright Act of 1999 (LXXVI)
- Right to Informational Self-Determination and Freedom of Information Act of 2011 (CXII)
- Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence, or place of establishment within the internal market, and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
- Government Decree 373/2021 (VI. 30.) on the Detailed Rules of Contracts for the Sale of Goods and the Provision of Digital Content and Digital Services between Consumers and Businesses.
Scope and Acceptance of the Terms and Conditions
The content of the contract between us is determined by these General Terms and Conditions (hereinafter: Terms and Conditions) alongside the mandatory provisions of applicable laws. Accordingly, the Terms and Conditions include the rights and obligations of both you and us, the conditions for the formation of the contract, deadlines for performance, delivery and payment terms, liability rules, as well as the conditions for exercising the right of withdrawal.
Technical information necessary for using the Website, not covered by these Terms and Conditions, is provided through other available information on the Website.
Before finalizing your order, you are obligated to familiarize yourself with the provisions of these Terms and Conditions.
Language and Form of the Contract
The language of contracts falling under these Terms and Conditions is English. Contracts falling under these Terms and Conditions are not considered written agreements, and the Seller does not register them.
E-Billing
Our company uses electronic invoicing in accordance with Section 175 of Act CXXV of 2007. By accepting these Terms and Conditions, you consent to the use of electronic invoices.
Prices
Prices are in Hungarian Forints and in Euro. The Seller's sales are VAT exempt, and therefore, prices do not include VAT. Prices are indicative and subject to change by the Seller for business policy reasons. Price changes do not apply to already concluded contracts. If the Seller incorrectly displays the price, the provisions under the "Procedure in Case of Incorrect Pricing" section of the Terms and Conditions will apply.
Procedure in Case of Incorrect Pricing
The following shall be considered as an obviously incorrectly displayed price:
- A price of 0 HUF,
- A price reduced with a discount, but the price after the incorrect discount (e.g., offering an item for 500 HUF with a mistakenly stated 20% discount for an item originally priced at 1000 HUF).
In case of an incorrectly displayed price, the Seller offers the possibility to purchase the item at the actual price. With this information, the Buyer can decide whether to order the item at the actual price or cancel the order without any adverse legal consequences.
Complaint Handling and Enforcement Options
Consumers can submit their consumer objections related to the Goods or the Seller's activities through the following contact details:
- Customer service office location: 1076 Budapest Garay tér 9.
- Customer service opening hours:
- Monday: 10:00 - 19:00
- Thursday: 10:00 - 19:00
- Friday: 10:00 - 15:00
- Phone: +36702024458
- Website: https://tenshibag.hu/, https://tenshibag.com
- Email: info@tenshibag.hu
Entry in the customer book: The customer book is available at the Seller's store (customer service). The Seller will respond in writing within 30 days to entries made here.
Consumers can communicate their complaint orally or in writing, which relates to the behavior, activity, or omission of a person acting in connection with the distribution or sale of goods to consumers, who acts for or on behalf of the enterprise.
The business is obligated to immediately examine and remedy the oral complaint if the consumer does not agree with the handling of the complaint or the immediate investigation is not possible. In this case, the business is required to draw up a protocol on the complaint and its position without delay and provide the consumer with a copy of the protocol in person in the case of an orally communicated complaint or, in the case of a verbally communicated complaint by telephone or other electronic communication service, no later than 30 days in conjunction with the substantive response to the written complaint. In all other respects, with respect to a written complaint, the business is required to act as follows. The business must respond in writing within thirty days of the receipt of the written complaint in a substantiated and verifiable manner and take action to satisfy it. A shorter deadline may be set by law, and a longer deadline may be set by law. The business is required to justify its position if it rejects the complaint. The oral complaint communicated by telephone or using an electronic communication service must be uniquely identified by the business. The response must inform the Buyer about the possibility of turning to the Conciliation Board.
The minutes of the complaint must include the following:
- Consumer's name and address,
- Place, time, and method of presenting the complaint,
- Detailed description of the consumer's complaint, a list of documents, papers, and other evidence presented by the consumer,
- Statement by the business regarding its position on the consumer's complaint, if an immediate investigation is possible,
- Signature of the person recording the minutes and, except for orally communicated complaints via phone or other electronic communication services, the consumer's signature,
- Place and time of recording the minutes,
- Unique identification number in case of orally communicated complaints via phone or other electronic communication services.
The business is obligated to preserve the minutes of the complaint and a copy of the response for three years and present them to the supervisory authorities upon request.
In case of rejecting the complaint, the business must inform the consumer in writing about which authority or arbitration board, depending on the nature of the complaint, can be approached for further proceedings. The information should also include the location, telephone, and internet contact details, as well as the mailing address of the relevant authority or arbitration board based on the consumer's residence or place of stay. The information should also specify whether the business will engage in arbitration proceedings to settle the consumer dispute. If a consumer-business dispute remains unresolved during negotiations, the following enforcement options are available to the consumer:
Consumer Protection Procedure
Filing a complaint with consumer protection authorities is possible. If the consumer perceives a violation of consumer rights, they are entitled to lodge a complaint with the consumer protection authority based on their place of residence. After reviewing the complaint, the authority decides whether to proceed with the consumer protection procedure. First-instance consumer protection tasks are performed by the capital and county government offices based on the consumer's place of residence. The list of these offices is available here: http://www.kormanyhivatal.hu/
Court Procedure
The customer is entitled to assert their claim arising from a consumer dispute before a court in a civil proceeding, in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on Civil Procedure.
Arbitration Board Procedure
Please be informed that you can file a consumer complaint against us. If we reject your consumer complaint, you are entitled to turn to the Arbitration Board competent for your place of residence or stay: initiating arbitration proceedings requires the consumer to attempt to settle the dispute directly with the enterprise in question. Cooperation with the Arbitration Board procedure is mandatory for the business.
Within this framework, businesses are required to respond to the arbitration board's request and attend a hearing, if applicable, to facilitate an agreement. If the business's registered office or branch is not registered in the county where the territorial arbitration board operates, the business's cooperation obligation extends to offering the possibility of concluding a written settlement in line with the consumer's demand. Attendance at the arbitration board hearing is not mandatory if a written document containing a settlement offer is sent.
Violation of this cooperation obligation allows the consumer protection authority to enforce mandatory fines for businesses engaging in wrongful behavior. This includes small and medium-sized enterprises, and non-compliance with these fines is not possible. The amendment to the law emphasizes cooperation with arbitration boards and ensures active participation by businesses in arbitration board procedures.
The fine for small and medium-sized enterprises may range from HUF 15,000 to HUF 500,000. For businesses subject to the Accounting Act with an annual net revenue exceeding HUF 100 million, the fine ranges from HUF 15,000 up to 5% of the business's annual net revenue, but no more than HUF 500 million. The introduction of mandatory fines aims to emphasize cooperation with arbitration boards and ensure active participation by businesses in the arbitration board process.
The Arbitration Board has the authority to settle consumer disputes outside of court proceedings. Its task is to attempt to reach an agreement between the parties to settle consumer disputes, and if unsuccessful, the board makes a decision in the matter for the simple, fast, efficient, and cost-saving enforcement of consumer rights. The Arbitration Board provides advice on consumer rights and obligations upon the consumer's or business's request.
The Arbitration Board procedure is initiated upon the consumer's request. The application must be submitted in writing to the president of the Arbitration Board: the requirement of written form can be met by letter, telegram, telex, or fax, or any other means that allows for the recipient's data to be stored for the intended purpose for a certain period and the stored data to be displayed unchanged in form and content. The application must contain:
- Consumer's name, address, or place of stay,
- Name of the business involved in the consumer dispute, its registered office, or the location of the involved branch,
- Designation of the Arbitration Board requested by the consumer instead of the competent Arbitration Board,
- A brief description of the consumer's position, facts supporting it, and evidence,
- Consumer's declaration that they attempted to settle the dispute directly with the business,
- Consumer's declaration regarding the initiation of arbitration proceedings, the absence of mediation, or the lack of a request for a court action or payment order,
- A motion for a decision by the board,
- Consumer's signature.
If acting through an authorized representative, the application must include a power of attorney.
More information about the Arbitration Boards can be found here: http://www.bekeltetes.hu More information about the territorial Arbitration Boards can be found here: https://bekeltetes.hu/index.php?id=testuletek
Dispute Resolution Procedure for Non-Consumers
According to consumer protection law, the Arbitration Board procedure considers as consumers those legal entities and individuals who act for purposes outside their independent occupation and economic activities, such as sales contracts governed by separate legislation, civil organizations, religious legal entities, housing cooperatives, and micro, small, and medium-sized enterprises. These entities buy, order, receive, use, or are recipients of commercial communication or offers related to goods.
The Arbitration Board has the right to verify and examine the existence of consumer status. The rules under the Arbitration Board apply to the procedure.
Online Dispute Resolution Platform
The European Commission has established a website where consumers can register to resolve their online shopping-related disputes without resorting to a court procedure. Through this platform, consumers can submit a complaint form, facilitating the enforcement of their rights without necessarily going to court.
If you wish to file a complaint related to a product or service purchased online and prefer not to go to court, you can use the online dispute resolution tool. On the platform, you and the trader against whom you have a complaint can jointly select the dispute resolution body.
The online dispute resolution platform is available here: Online Dispute Resolution Platform
Copyrights
The website is considered a copyrighted work according to the Copyright Act of 1999 (Act LXXVI). Every part of it is protected by copyright law. Unauthorized use of graphical and software solutions, computer programming without permission, or any application that modifies the website or any part of it is prohibited. Any material taken from the website or its database, even with the written consent of the copyright owner, must include a reference to the website and indicate the source. The copyright owner is Erisz'92 Kft.
Partial Invalidity, Code of Conduct
If any part of the General Terms and Conditions is legally incomplete or invalid, the remaining provisions of the contract will remain in effect, and the provisions of the applicable laws will apply in place of the invalid or faulty part.
The Seller does not have a code of conduct regarding the prohibition of unfair commercial practices against consumers.
Information on the Operation of Digital Items and Technical Protection Measures
The servers providing data on the website are available over 99.9% annually. Regular backups are made of the entire data content, allowing the original data to be restored in case of problems. The data on the website is stored in MSSQL and MySQL databases. Sensitive data is stored with appropriate encryption strength, using hardware support built into the processor for encoding.
Information on Essential Properties of Goods
Information about the essential properties of goods available for purchase on the website is provided in the descriptions of each product.
Correction of Input Errors - Responsibility for the Accuracy of Data Provided
During the ordering process, you have the opportunity to continuously modify the data you have entered before finalizing the order. It is your responsibility to ensure that the data you provide is entered accurately. The accuracy of the data you provide is the basis for invoicing and delivering the goods. If you discover errors in the data after finalizing your order, you should initiate the modification of the order as soon as possible. The correction of a faulty order can be communicated to the Seller by email sent from the email address provided during the order or by phone call.
Website Usage
Purchase does not require registration.
Purchase Process
1. Selection of Product
- Browse the product categories on the website to choose the desired product family and then select specific products within that family. Alternatively, use the "Products" menu to find the relevant item.
- Clicking on individual products provides access to the product photo, description, specifications, and price.
- The price displayed on the website is the amount to be paid during the purchase.
2. Adding to Cart
- After selecting a product, click the "Add to Cart" button to place the item in the cart. This action does not create any purchase or payment obligations; it is not considered an offer.
- It is recommended to add products to the cart even if you are unsure about purchasing. This allows you to easily review and compare selected items on one screen.
- The cart contents can be freely modified until finalizing the order. You can remove items, add new ones, or change quantities.
3. Viewing the Cart
- At any point during website usage, you can check the cart's contents by clicking on the "Cart" icon at the top. Here, you can remove selected products or adjust quantities.
- The system automatically updates and displays information based on the modified data, including the prices of items in the cart.
- If no further products need to be added, you can proceed with the payment process by clicking the "Proceed to Order" button.
4. Providing Customer Information
- After clicking "Proceed to Order," the cart's content and the total purchase price will be displayed.
- In the "How to Send the Package?" section, indicate whether you want to pick up the ordered product(s) in person or request delivery. For delivery, the system will show the associated cost.
- In the "Where to Send the Package?" textbox, provide your email address. In the "Billing Information" textbox, enter your full name, address, and phone number. If you want the delivery to a different address, uncheck the box and select "Enter a new billing address." Additional information can be provided in the "Note" textbox.
5. Order Review
- After filling out the required textboxes, check the order information, shipping and payment options. Clicking "Finalize Order" allows you to review the entered data in a pop-up window.
- If modifications are necessary, click the "Modify Order" icon. If everything is correct, proceed with the payment process by clicking "Finalize Order."
6. Order Finalization (Offer Submission)
- By clicking "Finalize Order," you acknowledge that your action constitutes an offer, and, upon the Seller's confirmation according to the Terms and Conditions, it will entail a payment obligation.
- Your offer is binding for 48 hours. If the Seller does not confirm your offer within this timeframe, you are released from the offer obligation.
7. Order Processing, Contract Formation
- The Seller will confirm your offer by email on the next working day after submitting it.
- The contract is considered formed when the confirmation email sent by the Seller becomes accessible in your email system.
Unclaimed Packages - Procedure
- If the Buyer does not pick up the ordered and delivered product within 14 days without notifying the Seller of an intention to withdraw from the contract, it is considered a breach of contract.
- The Seller may attempt redelivery, and if successful, additional delivery fees may apply. If redelivery is unsuccessful or cannot be coordinated with the Buyer, the Seller has the right to terminate the contract immediately and enforce the unsuccessful delivery and return costs as a penalty against the Buyer. The communication method used during the order is accepted for contract termination, and the date of termination is when the termination email becomes accessible in the Buyer's email account.
Payment Methods
1. Barion Smart Gateway:
Barion Smart Gateway is a domestically developed payment gateway that accepts bank cards and e-money independently of banks. It boasts unbeatable prices and various innovative features. After a quick one-minute registration, users can conveniently make payments using a registered email and password. Bank card numbers are securely stored in a system with PCI DSS certification. The Barion web interface provides reports, export options, and a monthly invoice, aiding business processes and official accounting. Transactions occur in real-time, and users can track incoming transactions via the Barion mobile application. Barion users can also make mobile payments in more and more stores and restaurants using the free Barion app without the need for cash or a physical bank card. The security is supervised by the Hungarian National Bank (MNB authorization: H-EN-I-1064/2013), ensuring flexible and fair protection against card misuse.
2. PayPal:
PayPal is a simple and secure payment method available to customers in over 200 countries. It offers several advantages to make purchasing easier and faster while keeping financial information secure:
- Payment requires only an email and a password, eliminating the need to carry a bank card.
- There's no need to load money onto the PayPal account; linking a bank card to the PayPal account is sufficient and only needs to be done once.
- PayPal is a globally recognized payment method, ensuring secure transactions in 26 different currencies.
Join PayPal for simpler payments in the online store!
3. Cash Payment:
Customers have the option to pay the product price in cash upon receiving the product, in-person at our store.
4. Cash on Delivery:
If you prefer to settle the order value when receiving the package, choose the "Cash on Delivery" payment method. You can pay the package value and delivery cost in cash or by card to the courier upon receiving the product.
Shipping Methods, Shipping Fees:
- GLS Courier Service: The product is delivered by the GLS courier service. The produc price includes the shipping fee. For more information, visit: GLS Hungary
Personal Pickup
Take over your package personally at our store and avoid paying separate shipping costs. You can settle the cost of the ordered product with cash payment in our store.
Tenshibag Shop Address: 1076 Budapest, Garay tér 9.
Opening Hours:
- Monday: 10:00 AM - 7:00 PM
- Thursday: 10:00 AM - 7:00 PM
- Friday: 10:00 AM - 3:00 PM
GLS International
The product will be delivered by GLS courier service.
You can find more information here: GLS Services
We offer package delivery to the following countries within Europe: Slovakia, Slovenia, Austria, Czech Republic, Romania, Croatia, Poland, Germany, Belgium, Netherlands, Luxembourg, Denmark, France, Italy, Monaco, Finland, Sweden, Serbia, Ukraine, Andorra, Bulgaria, Albania, Montenegro, North Macedonia.
The fee for this shipping method is included in the price of the products
Delivery Timeframe:
The general delivery timeframe for the order is a maximum of 30 days from the order confirmation. In case of a delay by the Seller, the Buyer is entitled to set an additional deadline. If the Seller does not fulfill the order within the additional deadline, the Buyer has the right to terminate the contract.
Reservation of Rights, Ownership Provision
If you have previously ordered a product and did not pick it up during delivery (excluding cases where you exercised your right of withdrawal) or if the product was returned to the seller without indication, the Seller may require prepayment of the purchase price and shipping costs before fulfilling the order.
The Seller may withhold the delivery of the product until ensuring that the payment of the product price has been successfully made using the electronic payment solution. If the full payment for the product price has not been made, the Seller may request the Buyer to complete the payment.
Sales Abroad
The Seller does not differentiate between buyers within Hungary using the Website and those outside the European Union. In the absence of different provisions in these Terms and Conditions, the Seller ensures the delivery/pickup of ordered products within Hungary.
For purchases outside Hungary, the provisions of these Terms and Conditions apply, considering that, according to the relevant regulations, a buyer in this context is a consumer who is a citizen of a Member State, has a residence in a Member State, or a business that has a registered office in a Member State and exclusively purchases goods or uses services for end-use within the European Union. A consumer is a natural person acting for purposes outside their trade, business, craft, or profession.
The primary language of communication and purchase is Hungarian, and the Seller is not obligated to communicate with the Buyer in the language of the Buyer's Member State.
In the absence of different provisions, Hungarian VAT applies to all products.
The Buyer can enforce their rights according to these Terms and Conditions.
In the case of electronic payment solutions, payment is made in the currency specified by the Seller.
The Seller may withhold the delivery of the product until ensuring that the payment of the product price and shipping costs has been successfully and completely made using the electronic payment solution. If the product price has not been fully paid, the Seller may request the Buyer to complete the payment.
The Seller provides non-Hungarian buyers with the delivery options available to Hungarian buyers to facilitate the handover of the product.
If the Buyer can request the delivery of the product according to these Terms and Conditions to Hungary or any other EU Member State, this can also be requested by a non-Hungarian buyer using any shipping method specified in the Terms and Conditions.
If the Buyer can choose personal pickup of the product at the Seller's location according to these Terms and Conditions, this option is also available to non-Hungarian buyers.
Otherwise, the Buyer may request to arrange the shipment of the product at their own expense abroad. This right does not apply to Hungarian buyers.
After paying the shipping fee, the Seller will fulfill the order. If the Buyer does not pay the shipping fee to the Seller or arrange their own shipping by the agreed-upon deadline, the Seller will terminate the contract and refund the prepaid purchase price to the Buyer.
Consumer Information
- Right of Withdrawal
- Warranty Rights
Information on the Consumer's Right of Withdrawal
According to Section 8:1(1) paragraph 3 of the Civil Code, only a natural person acting outside their trade, profession, or business activities is considered a consumer. Therefore, legal entities cannot exercise the right of withdrawal without cause!
Consumers are entitled to the right of withdrawal without cause according to Section 20 of Government Decree 45/2014. (II. 26.). The consumer can exercise the right of withdrawal within a period of 14 calendar days from the date of receipt, or in the case of multiple goods ordered by the consumer in one order but delivered separately, from the date the last item is received.
The above does not affect the consumer's right to exercise the right of withdrawal during the period between the conclusion of the contract and the receipt of the goods.
If the consumer made an offer for the conclusion of the contract, the consumer has the right to withdraw the offer before the contract is concluded, which terminates the binding nature of the offer.
Statement of Withdrawal, Exercise of the Consumer's Right of Withdrawal or Termination
The consumer can exercise their right of withdrawal according to Government Decree 45/2014. (II. 26.) Section 20 through a clear statement or by using the downloadable declaration template from the website.
Validity of the Consumer's Withdrawal Statement
The right of withdrawal is considered valid if the consumer sends their statement within the specified period. In the case of a written withdrawal or termination, sending the withdrawal or termination statement within the deadline is sufficient.
The consumer has the burden of proving that they exercised the right of withdrawal in accordance with these provisions.
Upon receiving the consumer's withdrawal statement, the Seller is obliged to confirm it electronically.
Obligations of the Seller in Case of Consumer Withdrawal
Refund Obligation of the Seller
If the consumer withdraws from the contract in accordance with Government Decree 45/2014. (II. 26.) Section 22, the Seller must refund the total amount paid by the consumer within 14 days from the date of receipt of the withdrawal, including any costs incurred in connection with the performance, such as the shipping cost. Please note that this provision does not apply to additional costs incurred due to choosing a shipping method other than the least expensive standard method offered by the Seller.
Mode of Seller's Refund Obligation
In case of withdrawal or termination according to Government Decree 45/2014. (II. 26.) Section 22, the Seller must refund the consumer using the same payment method used by the consumer. With the explicit consent of the consumer, the Seller may use another payment method for the refund, but the consumer cannot be charged any additional fees as a result. If the consumer provided an incorrect bank account or postal address, the Seller is not responsible for any delay.
Additional Costs
If the consumer expressly chooses a shipping method other than the least expensive standard method, the Seller is not obliged to refund the additional costs arising from this choice. In such a case, the obligation to refund is limited to the standard shipping fees indicated.
Retention Right
The Seller may withhold the amount to be refunded until the consumer has returned the goods or has convincingly proven that they have returned them; the earlier of the two dates shall be considered. Cash-on-delivery or postage-due shipments cannot be accepted.
Consumer Responsibilities in Case of Withdrawal or Termination
Return of the Goods
If the consumer withdraws from the contract in accordance with Government Decree 45/2014. (II. 26.) Section 22, they are obliged to return the goods without undue delay, but no later than 14 days from the date of notification of withdrawal, either by sending them back or handing them over to the Seller or a person authorized by the Seller to receive the goods. The return is considered completed if the consumer sends the goods before the deadline expires.
Consumer's Responsibility for Diminution of Value
The consumer is responsible for any diminished value of the goods resulting from the handling other than what is necessary to determine the nature, characteristics, and functioning of the goods.
If, according to applicable laws, the right of withdrawal cannot be exercised or can only be exercised with conditions, the consumer is not entitled to use the goods for trial purposes.
he Right of Withdrawal Cannot Be Exercised in the Following Cases:
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After the Complete Fulfillment of Services:
- The right of withdrawal cannot be exercised if the service has been fully performed. However, if the performance of the contract creates an obligation to pay for the consumer, this exception can only be invoked if the performance began with the express prior consent of the consumer and with the consumer's acceptance that they would lose their right of withdrawal as soon as the business fully performed the contract.
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Fluctuations in the Price of Goods or Services:
- The right of withdrawal is not applicable to goods or services whose price or fee depends on fluctuations in the financial market that cannot be controlled by the business during the withdrawal period.
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Customized or Per Personal Request Produced Goods:
- The right of withdrawal does not apply to non-premanufactured goods produced based on the consumer's instructions or explicit request, or goods that have been clearly personalized for the consumer.
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Perishable or Quickly Deteriorating Goods:
- For perishable or goods with a short shelf life, the right of withdrawal is excluded.
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Goods Unsealed After Delivery for Health or Hygiene Reasons:
- The right of withdrawal does not apply to goods sealed for health or hygiene reasons that have been unsealed after delivery and cannot be returned.
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Goods Inseparably Mixed After Delivery:
- The right of withdrawal is not applicable to goods that, by their nature, become inseparably mixed with other items after delivery.
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Alcoholic Beverages with Fluctuating Prices:
- In the case of alcoholic beverages whose actual value depends on market fluctuations beyond the control of the business, and where the price was agreed upon at the time of the sales contract, the right of withdrawal is excluded until thirty days after the conclusion of the contract.
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Urgent Repair or Maintenance Visits at Consumer's Request:
- In the case of service contracts where the business visits the consumer at their express request for urgent repair or maintenance work.
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Sale of Sealed Audio or Video Recordings or Computer Software After Unsealing:
- The right of withdrawal is excluded for the sale of sealed audio or video recordings, as well as computer software, if the consumer has unsealed them after delivery.
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Contracts Concluded at Public Auctions:
- In the case of contracts concluded at public auctions.
- Certain Service Contracts:
- For certain service contracts related to accommodation services (excluding housing services), transport, car rental, catering, or services related to leisure activities, if the contract specifies a performance deadline.
- Digital Content Not on a Tangible Medium with Express Prior Consent:
- For digital content provided on a non-tangible medium if the business started performance with the consumer's express, prior consent, and the consumer simultaneously declared that they were aware of losing their right of withdrawal after the start of performance.
Product Warranty and Information on Conformity:
This section of the Consumer Information is prepared in accordance with Government Decree 45/2014. (II.26.) Section 9(3) based on the authorization of Government Decree 45/2014. (II.26.) Annex 3.
This Consumer Information exclusively applies to customers qualifying as consumers, and rules for customers who do not qualify as consumers are presented in a separate chapter.
Requirements for Proper Performance in Consumer Contracts
The requirements for proper performance generally apply to goods sold and goods containing digital elements in consumer contracts. The Goods and performance must meet the requirements set forth in Government Decree 373/2021 (VI.30.) at the time of performance.
For the performance to be considered proper, the Goods must:
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Comply with Contract Specifications:
- Meet the description, quantity, quality, and type specified in the contract. It should also have the functionality, compatibility, interoperability, and other characteristics specified in the contract.
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Suitability for Consumer's Purposes:
- Be suitable for any purpose specified by the consumer at the latest when entering into the contract and accepted by the Seller.
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Include Accessories, Manuals, and Updates:
- Have all accessories specified in the contract, along with user manuals, including installation instructions, and customer support. Ensure the provision of updates specified in the contract.
Additionally, for proper performance, the Goods must:
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Be Suitable for Common Purposes:
- Be suitable for purposes applicable to similar goods, based on laws, technical standards, or, in the absence of these, the applicable behavioral code.
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Meet Reasonable Expectations:
- Have a quantity, quality, performance, and other features that the consumer can reasonably expect, considering functionality, compatibility, accessibility, continuity, and safety, based on public statements, especially those made in advertisements or labels.
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Include Specified Accessories and Manuals:
- Have accessories and manuals, including packaging or installation instructions, as reasonably expected by the consumer, and comply with the properties and descriptions presented by the business prior to contract formation.
The Goods do not need to comply with public statements if the Seller can prove that:
- The consumer was not aware of the public statement, and there was no obligation to be aware.
- The public statement was adequately corrected before the contract was formed.
- The public statement could not have influenced the consumer's decision to enter into the contract.
In the case of the sale of goods, the Seller fails to perform properly if the fault in the goods arises from improper installation, provided that:
a) The installation is part of the sales contract, and it was carried out by the Seller or under the Seller's responsibility.
b) The consumer was responsible for the installation, and the improper installation is a consequence of deficiencies in the installation instructions provided by the Seller, or in the case of goods containing digital elements, by the provider of digital content or services.
If the Seller is responsible for installation, the performance is considered completed when the installation is finished.
In the case of goods containing digital elements, if the sales contract provides for the continuous provision of digital content or services over a specified period, the Seller is responsible for defects in the digital content of the goods if the defect occurs or becomes apparent within two years from the performance of the goods, for continuous services lasting no more than two years from the completion of the goods or when it occurs or becomes apparent.
For goods containing digital elements, the Seller must ensure that the consumer receives notifications of updates to the digital content or related digital services, including security updates, necessary to maintain the contractual conformity of the goods.
The Seller must make updates available if the sales contract:
a) Specifies a one-time provision of digital content or services, based on the type and purpose of the goods and digital elements, as well as individual circumstances and the nature of the contract, as expected by the consumer.
b) Specifies continuous provision of digital content over a period not exceeding two years, which must be provided for the two-year period from the performance of the goods.
If the consumer does not install the provided updates within a reasonable deadline, the Seller is not liable for defects in the goods if they result solely from the lack of application of the relevant updates, provided that:
a) The Seller informed the consumer of the availability of the updates and the consequences of failure to install them.
b) The failure to install the updates by the consumer or the incorrect installation of the updates by the consumer is not attributable to deficiencies in the installation instructions provided by the Seller.
No improper performance can be established if, at the time of contracting, the consumer received separate information that a specific characteristic of the goods differs from what is described here, and the consumer expressly accepted this difference at the time of concluding the sales contract.
Product Warranty
Under what circumstances can you exercise your product warranty rights?
In the case of faulty performance by the Seller, you can enforce your product warranty rights according to the Civil Code and, in the case of consumer contracts, the regulations of Government Decree 373/2021 (VI.30.).
What rights do you have based on your product warranty claim?
At your choice, you can exercise the following product warranty claims:
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Request Repair or Replacement:
- You can request repair or replacement, except when fulfilling your chosen claim is impossible or would result in disproportionate additional costs for the Seller. If you did not request or could not request repair or replacement, you can demand a proportionate reduction in the counter-performance, or, ultimately, withdraw from the contract.
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Switch to Another Warranty Right:
- You can switch to another product warranty right, but you bear the cost of the switch unless it was justified or caused by the Seller.
For consumer contracts, unless proven otherwise, it is presumed that a defect recognized within one year from the date of performance of the goods and goods containing digital elements already existed at the time of performance, except if this presumption is incompatible with the nature or nature of the defect.
For used goods, warranty and guarantee rights differ from the general rules. In the case of used goods, there can still be a faulty performance, but one must consider the circumstances under which the Buyer could expect certain defects. Due to wear and tear, certain issues may become more common, and it cannot be assumed that used goods will have the same quality as newly purchased ones. Therefore, the Buyer can only enforce warranty rights regarding defects that go beyond those arising from wear and tear and occurred independently of it. If the Buyer, being a Consumer, was informed about a known defect when purchasing used goods, the Service Provider is not responsible for the known defect.
The Seller may refuse to bring the goods into conformity with the contract if repair or replacement is impossible or would result in disproportionate additional costs for the Seller, considering all circumstances, including the flawless value of the goods and the gravity of the breach.
The consumer is entitled, based on the severity of the breach, to demand a proportionate reduction in the counter-performance or to terminate the sales contract if:
- The Seller did not carry out the repair or replacement, or did so but did not fully or partially fulfill the following conditions.
- The Seller must, at its expense, take back the replaced goods.
- If repair or replacement requires the removal of goods that were put into operation before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the installation or bearing the cost of installing the goods delivered as a replacement.
The Seller can refuse to bring the goods into conformity with the contract if:
- It has denied bringing the goods into conformity.
- A repeated performance error occurred despite the Seller's attempt to bring the goods into conformity.
- The defect is so severe that it justifies an immediate price reduction or the immediate termination of the sales contract.
- The Seller has not undertaken to bring the goods into conformity, or it is evident from the circumstances that the business will not bring the goods into conformity within a reasonable time, or without causing significant detriment to the consumer.
If the consumer wishes to terminate the sales contract based on a faulty performance, the Seller must prove that the defect is insignificant.
The Consumer is entitled to withhold the remaining part of the purchase price until the Seller fulfills the contract properly and fulfills its obligations related to faulty performance.
As a general rule:
- The Seller must, at its expense, take back the replaced goods.
- If repair or replacement requires the removal of goods that were put into operation before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the installation or bearing the cost of installing the goods delivered as a replacement.
The reasonable deadline for performing the repair or replacement starts from the time the Consumer notified the defect to the business.
For the repair or replacement to be carried out, the Consumer must make the goods available to the business.
The reduction of the counter-performance is proportionate if its amount corresponds to the difference between the value of the goods actually received by the Consumer and the value of the flawless performance received by the Consumer.
The right to terminate the sales contract based on a product warranty claim can be exercised by a declaration addressed to the Seller expressing the decision to terminate.
If the defective performance affects only a specific part of the goods provided under the sales contract and the conditions for exercising the right to terminate the contract are met for them, the Consumer can only terminate the sales contract for the defective goods but can also terminate it for any other goods acquired together if it is not reasonable to expect the Consumer to keep only the goods in conformity with the contract. If the Consumer terminates the sales contract in its entirety or for a part of the goods provided under the sales contract, the Consumer must:
- Return the affected goods to the Seller at the Seller's expense.
- The Seller must reimburse the Consumer without delay for the purchase price paid for the affected goods as soon as it receives the goods or receives proof of their return.
Deadline for Exercising Warranty Claims:
- You are obligated to report the defect immediately after its discovery.
- Defects reported within two months of discovery are considered reported without delay. However, please note that beyond the two-year limitation period from the completion of the contract, you cannot enforce your warranty rights.
Exclusion of Repair Time from Limitation Period:
- The time required for repairs during which the Buyer cannot use the Goods for their intended purpose does not count toward the limitation period.
Restart of Warranty Expiry for Repaired or Replaced Part:
- The expiration of warranty claims restarts for the part affected by replacement or repair. This rule applies even if a new defect arises as a consequence of the repair.
Used Goods and Shortened Limitation Period:
- In the case of contracts regarding used items between a consumer and a business, the parties can agree on a shorter limitation period. However, a limitation period shorter than one year cannot be validly stipulated.
Against Whom Can You Enforce Warranty Claims?
- You can enforce warranty claims against the Seller.
Other Conditions for Exercising Warranty Rights:
- Within the first year, there are no additional conditions for enforcing warranty claims beyond reporting the defect, provided you can prove that the Goods were supplied by the Seller.
- After one year from the date of completion, you must prove that the recognized defect already existed at the time of completion.
Product Warranty:
Conditions for Exercising Product Warranty:
- In the case of a defect in a movable item (Goods), you may choose to enforce either warranty or product warranty.
Rights Granted by Product Warranty:
- With product warranty, you can only request the repair or replacement of the defective Goods.
When is the Goods Considered Defective?
- The Goods are considered defective if they do not meet the applicable quality requirements at the time of circulation or if they lack the characteristics specified in the manufacturer's description.
Deadline for Exercising Product Warranty:
- You can enforce your product warranty claim within two years from the date of the Goods being placed on the market by the manufacturer. After this period, you lose this entitlement.
Against Whom and Under What Conditions Can You Enforce Product Warranty Claims?
- Product warranty claims can only be enforced against the manufacturer or distributor of the movable item. In the case of asserting product warranty, you must prove the defect of the Goods.
Exemption from Product Warranty Obligations for the Manufacturer (Distributor):
- The manufacturer (distributor) is only exempt from product warranty obligations if they can prove that:
- The Goods were not manufactured or placed on the market within the scope of their business activities.
- The defect was not recognizable according to the state of science and technology at the time of marketing.
- The defect arises from the application of a legal or mandatory regulatory requirement.
Note:
- Please be aware that you cannot simultaneously enforce warranty and product warranty claims for the same defect. However, if your product warranty claim is successfully validated, you can still assert your warranty claim against the manufacturer for the replaced Goods or repaired part.
Warranty
Conditions for Exercising Warranty Rights: According to Government Decree 151/2003 (IX. 22.) on Mandatory Warranty for Certain Durable Consumer Goods, the Seller is obligated to provide warranty for the sale of new durable consumer goods listed in Annex 1 of the decree (e.g., technical items, tools, machinery), and their accessories and components as defined in the decree (hereinafter collectively referred to as "consumer goods").
Additionally, the Seller may voluntarily offer a warranty, in which case they must provide a warranty declaration to the consumer.
The warranty declaration must be made available to the consumer on a durable medium, no later than the date of delivery of the goods.
The warranty declaration must include:
- A clear statement that in case of faulty performance of the goods, the consumer is entitled to exercise warranty rights free of charge as provided by law, and the warranty does not affect these rights.
- The name and address of the warrantor.
- The procedure to be followed by the consumer to enforce the warranty.
- Identification of the goods covered by the warranty.
- The terms and conditions of the warranty.
- The purchase price of the Goods.
Rights and Deadline for Mandatory Warranty: Under warranty, the Buyer may exercise the right to repair or replacement, request a price reduction in specified cases, or ultimately withdraw from the contract if the obligated party did not undertake the repair or replacement within the specified deadline or cannot meet this obligation without undue delay, taking into account the interests of the consumer.
The Buyer can enforce the repair claim at the Seller's registered office, any branch, or the repair service indicated on the warranty certificate.
Enforcement Deadline: The warranty claim can be enforced during the warranty period, which is determined according to Government Decree 151/2003 (IX. 22.):
- One year for sale prices exceeding 10,000 HUF but not exceeding 100,000 HUF.
- Two years for sale prices exceeding 100,000 HUF but not exceeding 250,000 HUF.
- Three years for sale prices exceeding 250,000 HUF.
Failure to meet these deadlines results in forfeiture of rights. However, if the product is submitted for repair, the warranty period is extended from the date of submission until the Buyer can use the product for its intended purpose due to the defect.
The warranty period starts upon delivery of the product to the Buyer or, if the installation is performed by the Seller or its authorized representative, from the date of installation. If the Buyer puts the product into operation more than six months after delivery, the warranty period begins on the day of delivery.
If the Seller cannot repair the product within 30 days:
- With the Buyer's consent, the repair can be completed within a later deadline.
- If the Buyer does not agree to a later repair or has not made a statement in this regard, the product must be replaced within eight days.
- If the Buyer does not agree to a later repair or has not made a statement in this regard, and replacement is not possible, the Seller must refund the purchase price within eight days.
If the product malfunctions for the fourth time, the Buyer is entitled to:
- Request repair from the Seller.
- Request a proportional reduction of the purchase price according to Section 6:159 (2) (b) of the Civil Code.
- Have the product repaired or replaced at the Seller's expense according to Section 6:159 (2) (b) of the Civil Code.
- If the Buyer does not exercise these rights or make a statement in this regard, the product must be replaced within eight days. If replacement is not possible, the Seller must refund the purchase price within eight days.
Exceptions to Warranty: The regulations under "Rules for Handling Warranty Claims" do not apply to electric bicycles, electric scooters, quads, motorcycles, mopeds, cars, motorhomes, caravans, trailer caravans, trailers, and motorized watercraft. However, the Seller must strive to repair these items within 15 days.
Relation to Other Warranty Rights: Warranty, in addition to general warranty rights (product and defect warranty), is applicable. The main difference is that in the case of warranty, the burden of proof is more favorable to the consumer.
Voluntary warranty terms during the mandatory warranty period cannot be less favorable to the consumer than the rights provided by mandatory warranty rules. After this period, voluntary warranty terms can be freely determined, but they cannot affect the consumer's statutory rights, including defect warranty rights.
Three Business Days Exchange Request: In the case of online sales, the three business days exchange request is applicable to new durable consumer goods falling under Government Decree 151/2003 (IX. 22.). If someone asserts an exchange request within three business days, the Seller must interpret this as the product being faulty at the time of sale and must exchange the product without further ado.
Conditions for Seller's Exemption from Warranty Obligations: The Seller is only exempt from warranty obligations if they can prove that the cause of the defect arose after delivery.
Please note that you cannot simultaneously enforce warranty and warranty claims for the same defect. However, apart from this, you are entitled to warranty rights independently of warranty claims.
Information on Warranty for Non-Consumer Buyers
General Rules of Warranty Rights: For non-consumer buyers, they can, at their discretion, exercise the following warranty claims:
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Request repair or replacement, except if the chosen claim is impossible to fulfill or would involve disproportionate additional costs for the Seller compared to other claims. If repair or replacement was not requested or could not be requested, the buyer can demand a proportionate reduction of the compensation or, at the expense of the Seller, can repair or have it repaired by someone else, or ultimately withdraw from the contract.
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The buyer can switch from one chosen warranty right to another, but they bear the cost of the switch unless it was justified or caused by the Seller.
For used goods, the rules for warranty and guarantee rights differ from the general rules. In the case of used goods, we can talk about faulty performance, but consideration must be given to circumstances where the buyer could expect certain defects. Due to wear and tear, some defects may become more frequent, and it cannot be assumed that used goods have the same quality as newly purchased ones. Therefore, the buyer can only assert warranty rights for deficiencies beyond those arising from the usual wear and tear and independently of them. If the used goods are defective, and the consumer buyer received information about this defect at the time of purchase, the Seller is not liable for the known defect.
For non-consumer buyers, the deadline for enforcing warranty rights is one year from the date of performance (delivery).
Product Warranty and Extended Warranty: Product warranty and mandatory guarantee apply only to consumer buyers.
If the Seller provides voluntary warranty for a product, it is explicitly indicated during the purchase.
If the manufacturer provides a manufacturer's warranty applicable to non-consumer buyers for the product, it can be enforced directly with the manufacturer.