hormak.hu - effective from this date: 2025.10.27.
Date of last update:
Please read this document carefully and in full before finalizing your order! By finalizing the order, You expressly declare that You have become familiar with, understood, and accept as binding upon You the present General Terms and Conditions (GTC) of the webshop operated by Hormak Solution Kft. (hereinafter: Service Provider). The GTC forms part of the contract concluded between Hormak Solution Kft. (hereinafter: Service Provider) and You as consumer (hereinafter: Customer), and contains the Parties’ rights and obligations, the conditions for the conclusion of the contract, the manner and deadline of order fulfillment, the payment and delivery conditions, the rules of liability, as well as the conditions for exercising the right of withdrawal.
By finalizing the order, You consent to the Service Provider processing Your personal data necessary for fulfilling the order in accordance with the provisions set out in the GTC and in the Privacy Notice available on the Website.
I. General provisions
The general terms and conditions (hereinafter: GTC) define the rights and obligations of HORMAK SOLUTION Kft. (hereinafter: Service Provider) and the party using the service via the Service Provider’s hormak.hu online portal (hereinafter: Webshop) (hereinafter: Customer).
Service Provider details:
Name: HORMAK SOLUTION Kft.
Registered office: 6237 Kecel, Újszőlő utca 107.
Tax number: 27861891-2-03
Company registration number: 0309136242
Name of the registering Court of Registration: Bács-Kiskun County Court of Registration
Mailing address: 6237 Kecel, Újszőlő utca 107.
Customer service email address: webshop@hormak.hu
Phone number: 0670 392 4889
Hosting provider details:
Name: ErdSoft DOO.
Registered office: Serbia, Subotica, Zombori út 33a
Contact: support@sellvio.com
Website: sellvio.com/hu
The scope of the GTC extends to electronic commerce services provided within the territory of Hungary that take place through the Webshop.
Purchases in the webshop qualify as a written contract concluded between parties at a distance, created electronically.
Language of contract conclusion: Hungarian
The contracts qualify as written contracts; the Service Provider does not register them.
The Service Provider does not submit itself to any code of conduct.
II. Definitions, terms
Service Provider: Hormak Solution Kft., as the operator of the hormak.hu webshop, which sells fire protection and occupational safety products.
Webshop: The online store operated by Hormak Solution Kft., accessible under the hormak.hu domain.
Customer / Consumer: The natural or legal person who purchases a product via the webshop and enters into a contractual relationship with the Service Provider.
Non-consumer customer: a person or organization who purchases not as a private individual (natural person), but for example as a company, sole proprietor, foundation, or other legal entity, and the purchase is not aimed at their own personal needs.
Fire extinguisher: A fire extinguisher is a device containing extinguishing agent from which the extinguishing agent can be discharged in a directed manner onto the fire under internal pressure, and which complies with the applicable legal and technical requirements.
Photoluminescent sign: a fixed-position sign created by combining a defined geometric shape, color, and pictogram, which assists evacuation, warns of danger, prohibits certain activities or behavior, and indicates the location of equipment and tools necessary for fire alarm and fire-fighting, and which is made of a material that absorbs and stores light and then glows in the dark after the light source is switched off until the stored energy is depleted.
Product: The goods available for purchase in the webshop, in particular fire protection and occupational safety equipment, signs, and accessories.
Order: The Customer’s purchase intent submitted via the webshop, which may lead to the conclusion of a contract.
Consumer contract: The legal relationship created between the Service Provider and the Customer, which comes into existence upon confirmation of the order.
Right of withdrawal: The Customer’s right to withdraw from the contract within the deadline specified by law without giving any reason.
Warranty / Statutory warranty: The rights granted to the Customer and the obligations of the Service Provider in the event of a product defect, in accordance with applicable laws.
III. Use of the Webshop
1. Registration
Use of the service in the Webshop is not subject to registration.
2. General information related to purchases
The essential characteristics and features of the products found in the Webshop, as well as instructions for use, can be learned from the product information page.
The actual characteristics of the product are contained in the product instructions for use, which are enclosed with the product in cases prescribed by law.
The Webshop displays the gross price of the products in HUF. The purchase price is the amount indicated next to the product and includes 27% value added tax.
During the ordering process, the Service Provider clearly indicates the total amount payable— including the product price, delivery cost, and any other incidental costs—before finalizing the order. If the amount of any cost cannot be calculated precisely in advance, the Service Provider clearly indicates this fact and the method of calculating the cost.
The Service Provider does not apply default options (pre-ticked boxes) that would result in additional costs for the Customer if accepted. Any service or product that is not necessary for the performance of the main contract and is available for an additional fee is added to the cart only based on the Customer’s explicit, conscious choice. If the Customer pays a fee for an additional service that they did not expressly choose, they are entitled to reimbursement of the full amount.
If the Service Provider displays an incorrect price next to any product in the Webshop—an incorrect price being, in particular, a price that significantly deviates from the generally known or estimated price of the product, a price of 0 HUF or 1 HUF displayed due to an obvious system error, or a price containing an obvious calculation error—then the Service Provider is not obliged to sell the product at the incorrect price. If the Customer finalized the order for goods shown at an incorrect price, the Service Provider is not obliged to accept it; however, it is entitled to offer the product to the Customer for purchase at the actual price, and the Customer is free to decide whether to accept it.
The Service Provider issues an electronic invoice.
3. The purchasing process
Placing products in the Cart: The product to be purchased must be placed in the Cart. By clicking the Cart icon, the contents of the Cart can be viewed; the Webshop informs the Customer about the contents of the Cart, which the Customer may freely modify until placing the order.
Providing the Customer’s details: If the Customer wishes to purchase the contents of the Cart, as the next step they must provide the following data:
Selecting the delivery method: personal pickup or delivery
Within the scope of providing the delivery address, the following data can be provided:
the Customer may indicate whether they purchase as a private individual or as a business customer (in the case of a business order, providing the company name, tax number, registration number, and bank account number is also required)
delivery details: country, postal code, city, address, name, phone number, contact email address; in the Notes field the Customer may also provide other data
Selecting the payment method: the Customer may choose from the available payment options: bank transfer in advance, cash on delivery, online bank card payment.
Finalizing the order: the Customer can finalize the order by clicking the Order button; accepting the GTC and the Privacy Notice is a condition for finalizing the order. Before activating the Order button and/or at the same time, the Service Provider clearly and visibly indicates the name of the product, the total amount payable (product price + delivery + other costs), and the fact of the payment obligation. The Order button clearly indicates that pressing it creates a payment obligation.
Payment of the purchase price: In the case of online bank card payment, the Webshop redirects to the payment interface; after successful payment, the order details appear.
Acceptance of the order by the Service Provider takes place in a two-step process: The Webshop’s IT system sends an automatic email confirmation about the Order; its purpose is solely for the Customer to check the details of the order and to receive information that the order has been submitted to the Webshop
The Webshop informs the Customer by email about acceptance of the Order.
Customer options for correcting data entry errors: The Customer may correct data entry errors until sending the order to the Service Provider. If it is not possible to modify the incorrect data in the Webshop or it is no longer possible due to finalization of the order, then the Customer may notify the Service Provider at the email address provided in the GTC.
4. The Service Provider’s procedure if the Customer requests delivery of the product to a Member State of the European Union
The Customer may purchase in accordance with the rules set out in point II.3 if they request delivery of the product or to a location in a Member State where the Service Provider undertakes delivery, or if they wish to collect it in a Member State where the Service Provider provides a pickup option.
If the Customer wishes to have the product delivered outside Hungary, then the Customer must arrange the shipping and must contact Customer Service to coordinate the shipping details; in this case, the Customer cannot use the cash on delivery payment option.
IV. Payment methods available to the Customer
The Webshop provides information on the payment methods it offers on the relevant page of the Webshop.
The payment methods provided by the Webshop are as follows:
- cash on delivery
- bank transfer in advance
- online bank card payment
Online bank card and other payment methods are implemented via the Barion system. Bank card and other payment-related data do not reach the merchant. The service provider, Barion Payment Zrt., is an institution supervised by the Hungarian National Bank; its license number is: H-EN-I-1064/2013.
IV. Delivery methods available to the Customer
The Webshop provides information on the delivery methods it offers on the relevant page of the Webshop.
Personal pickup: The Webshop provides the Customer with the option to collect the products in person at the following address: 1165 Budapest, Újszász utca 43., at the times specified in the email about the pickup option.
MPL courier service: Detailed information about the service is available on the service provider’s website: posta.hu/kuldemeny_erkeze … _torteno_csomagkezbesites
MPL Posta Pont: Detailed information about the service is available on the service provider’s website: posta.hu/postapont
MPL Parcel Locker: Detailed information about the service is available on the service provider’s website: posta.hu/csomagautomata
FoxPost home delivery: Detailed information about the service is available on the service provider’s website: foxpost.hu/csomagatvetelFoxPost parcel locker: Detailed information about the service is available on the service provider’s website: foxpost.hu/csomagautomata
V. Fulfillment deadline
1. In the case of a consumer Customer, the Service Provider must deliver the product within 3 business days if the product is in stock, and within 14 business days if the product is not in stock, calculated from confirmation of the order.
2. In the case of a non-consumer Customer, the fulfillment deadline is contained in the order confirmation; failing that, the Service Provider must deliver the product without delay, but no later than within 13 business days if the product is in stock, and within 24 business days if it is not in stock.
If the Service Provider cannot make the product available within 3 or 14 business days under point 1, or within 13 or 24 business days under point 2, it will contact the Customer at the email address provided at the time of ordering, requesting information on whether the Customer accepts later availability of the product.
The time of fulfillment shall be interpreted according to the deadline recorded in the confirmation.
VI. Contractual performance and conformity
The rules contained in this chapter shall apply when the Customer qualifies as a consumer, i.e., a natural person acting outside the scope of their profession, independent occupation, or business activity.
In the case of a non-consumer customer (e.g., a company), the general rules of the Civil Code (Act V of 2013) apply.
General requirements of contractual performance
The Service Provider undertakes that the products and services purchased by the Customer comply with the terms of the contract. Contractual performance means that the product has all characteristics contained in the contract and meets the requirements that can reasonably be expected from products of the same type.
Conformity of products:
The Service Provider guarantees that the fire extinguishers and photoluminescent signs distributed by it comply with the applicable Hungarian and EU standards (e.g., MSZ EN 3, ISO 7010).
For the products—where required by law—the Service Provider encloses a certificate, declaration of conformity, or warranty card.
Products not available:
If the ordered product is not available, the Service Provider must inform the Customer without delay and refund the amount already paid no later than within 30 days—45 days in the case of a non-natural-person customer.
Handling quality complaints:
The Customer must report without delay after receiving the product if they notice a defect or shortcoming.
The Service Provider must investigate the complaint within a reasonable time from the report and, if necessary, provide replacement, repair, or refund.
Basic conformity criteria
The product must correspond to the description, quantity, quality, and type specified in the contract. It must also have the functionality indicated in the contract or product information and be suitable for the purpose communicated by the Customer during the purchase and accepted by the Service Provider
Meeting customary expectations
The product must also meet the customary expectations for goods of the same type. This includes that the product has the quantity, quality, and performance characteristics that can reasonably be expected, including functionality, compatibility, accessibility, and security. This also includes public statements made by the Service Provider or its suppliers in advertisements, product descriptions, or labels.
Accessories and documentation
The delivered product must include all accessories and instructions for use specified in the contract, including instructions necessary for commissioning. The product must arrive in appropriate packaging that ensures damage-free transport.
Special rules for products containing digital elements
Update obligations
If the Customer purchases a product that contains digital elements (e.g., a voucher usable for e-learning training), the Service Provider must inform the Customer of any available updates necessary for the proper operation of the product. This applies especially to security updates. The Service Provider must ensure that the Customer also receives these updates.
Duration of updates
In the case of a one-time digital service, updates are provided for a period that can reasonably be expected based on the type and purpose of the product and the nature of the contract. In the case of a continuous digital service, if the duration of the service does not exceed two years, the Service Provider is obliged to provide updates within two years from performance.
The Customer’s obligations regarding updates
If the Customer does not install updates provided by the Service Provider within a reasonable time, the Service Provider is exempt from liability for defects caused by failure to install the update. However, this applies only if the Service Provider previously informed the Customer of the importance of the update and the consequences of failure to install, and the failure to install was not due to shortcomings in the instructions provided by the Service Provider.
Digital content and services
Performance requirements
In the case of providing digital content, the Service Provider must provide access to the digital content for the Customer without undue delay after conclusion of the contract, in the most up-to-date version available at the time of contract conclusion. The service is deemed performed when the digital content or the solution necessary to access it reaches the Customer or the device designated by the Customer.
Maintaining continuous services
If the contract concerns a continuous digital service for a fixed period, the Service Provider must maintain contractual operation throughout the entire contractual period.
VII. Cooperation obligations
Customer obligations:
During the ordering process, the Customer must provide accurate and truthful data.
After receiving the products, the Customer must report without delay if they notice a defect, deficiency, or damage.
The Customer is responsible for the proper use of the products, with particular regard to the safe placement and use of fire protection equipment and photoluminescent signs.
Service Provider obligations:
The Service Provider must deliver the ordered products in accordance with the description, within the deadline.
The Service Provider ensures the conformity of the products (e.g., certificates, standards), with particular regard to fire safety regulations and standards.
In the course of communication with the Customer, the Service Provider must investigate and answer complaints, questions, and claims within a reasonable time.
Common provisions:
The Parties must inform each other without delay of any material circumstances affecting performance of the contract.
The Parties strive to settle any disputed issues amicably.
Verification of the digital environment
In the case of digital services, the Customer must cooperate with the Service Provider so that the Service Provider can verify whether the defect indeed originates from the Customer’s digital environment. This is carried out using the technical means provided by the Service Provider and tools requiring minimal intervention.
Consequences of failure to cooperate
If the Customer does not fulfill this cooperation obligation despite the Service Provider having provided clear prior information about it, the burden of proof lies with the Customer that a defect recognized within one year from performance already existed at the time of performance.
Exceptions to the conformity requirements
Pre-accepted deviations
The Service Provider does not consider it defective performance when the Customer received information before purchase that certain characteristics of the product deviate from usual characteristics, and the Customer expressly accepted such deviation at the time of contract conclusion.
Compatibility of the digital environment
In the case of digital services, the Service Provider is not liable for defects if it can prove that the Customer’s digital environment did not meet the technical requirements of the service and it informed the Customer of this clearly and understandably before conclusion of the contract.
VIII. Complaint handling and customer service, in the case of consumer complaints
The rules contained in this chapter shall apply when the Customer qualifies as a consumer, i.e., a natural person acting outside the scope of their profession, independent occupation, or business activity.
In the case of non-consumer Customers, complaint handling is governed by the general rules of the Civil Code.
The Service Provider undertakes to receive complaints in writing and investigate them within a deadline of 15 days.
The name and registered office of the Service Provider can be found in the first part of the GTC. The Customer must communicate their complaint to the Service Provider in writing.
Service Provider complaint-handling contact details:
Postal address: 1165 Budapest, Újszász utca 43.
Electronic correspondence: webshop@hormak.hu
Handling written complaints
Response deadline
The Service Provider responds to the Customer’s written complaint in writing, substantively, and in a verifiable manner within thirty days following receipt. If the Service Provider rejects the Customer’s complaint, it must justify its position.
If the Customer does not provide their name and address or email address, fails to give a detailed description of the complaint, or does not provide documents, records, and other evidence necessary for assessing the complaint, the Service Provider is not obliged to respond to the complaint.
The Service Provider acknowledges receipt without delay of complaints submitted via email or form, at the electronic address provided by the consumer.
Retention of documentation
The Service Provider retains the minutes drawn up about the complaint, the written complaint, and a copy of the substantive response provided for three years and presents them to supervisory authorities upon request.
Remedy options
If the Service Provider rejects the complaint, it informs the Customer in writing which authority or conciliation body procedure the Customer may initiate. The information includes the competent authority and the seat, telephone and internet contact details, and mailing address of the conciliation body competent according to the Customer’s place of residence or stay.
Conciliation body contact details: Csongrád-Csanád County Conciliation Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Mailing address: 6701 Szeged, Pf. 487
email address: bekelteto.testulet@csmkik.hu
Central phone number: +36-62/554250
website: bacsbekeltetes.hu
Consumer protection authority contact details:
fogyasztovedelem.kormany. … /fogyasztovedelmi_hatosag
IX. Right of withdrawal of Customers qualifying as consumers
The Service Provider draws the Customers’ attention that the right of withdrawal under this chapter is granted exclusively to Customers qualifying as consumers.
In the case of non-natural-person customers (e.g., business companies, institutions, associations), the right of withdrawal cannot be exercised, unless the webshop provides it in a separate contract or individual agreement.
In the case of online purchases and contracts concluded outside business premises, the Customer qualifying as a consumer has a right of withdrawal within fourteen days without giving any reason.
Start and calculation of the withdrawal period
In the case of sale of goods, the withdrawal period is fourteen days from the day of receipt of the goods. If several goods are purchased at once and they are delivered at different times, the fourteen-day period is calculated from receipt of the last delivered good.
The recipient of the goods may be the Customer personally or a third person designated by the Customer, other than the carrier.
Early exercise of the right of withdrawal
In the case of purchase of goods, the Customer may exercise their right of withdrawal not only after receiving the goods, but also during the period between the day of conclusion of the contract and the day of receipt of the goods.
Method and deadline for exercising the rights
The Customer may exercise their right of withdrawal or termination in writing by an unequivocal statement, or by using the model withdrawal/termination form set out in Annex 2 of Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses. The exercise of the right is deemed timely if the Customer sends their statement to the Service Provider before the expiry of the fourteen-day deadline.
Legal consequences of withdrawal or termination
Service Provider obligations in the event of withdrawal or termination
Refund of the purchase price
If the Customer lawfully exercises their right of withdrawal or termination, the Service Provider refunds the full amount paid by the Customer as consideration without delay, but no later than within fourteen days from becoming aware of the withdrawal. This includes costs incurred in connection with performance, including delivery fees.
Method of refunding the purchase price
The Service Provider refunds the amount due using the same payment method used by the Customer originally.
The Service Provider may, with the Customer’s express consent, use a different payment method for the refund; however, the Customer shall not bear any additional fees as a result.
Special delivery costs
If the Customer expressly chose a delivery method other than the least expensive standard delivery method, the Service Provider is not obliged to reimburse the additional costs resulting from this.
Right of retention
In the case of sale of goods, the Service Provider is entitled to withhold the refund until the Customer has returned the goods or has provided proof beyond doubt that they have sent the goods back. Of the two dates, the earlier one is taken into account by the Service Provider. This right of retention does not apply if the Service Provider undertook to return-transport the goods itself.
Data processing and digital content
In the event of withdrawal, the Service Provider complies with its obligations under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
The Service Provider refrains from using any content other than personal data created or provided by the Customer in the course of using digital content or digital services provided by the Service Provider, except if such content a) cannot be used in connection with the digital content provided or digital service offered by the Service Provider, b) relates solely to the Customer’s activity in the course of using the digital content or digital service provided by the Service Provider, c) has been aggregated by the Service Provider with other data and cannot be separated, or could be separated only with disproportionate effort, or d) was produced jointly by the Customer with others and other Customers can continue to use it. Upon request, we will make available to the Customer the content created by the Customer in connection with digital content or services, other than personal data, except if the given content cannot be used in another context, relates solely to the Customer’s activity, has been aggregated with other data, or was created jointly with other consumers. The Customer is entitled to retrieve digital content free of charge, without restriction, within a reasonable time, in a commonly used and machine-readable data format. In the event of withdrawal—while respecting the above rules—the Service Provider may prevent further use of the digital content or service.
Customer obligations in the event of withdrawal or termination
Return of goods
In the event of withdrawal, the Customer must return or hand over the goods to the Service Provider without delay, but no later than within fourteen days from communicating the withdrawal. The return is deemed timely if the Customer sends the goods before the expiry of the deadline. This obligation does not apply if the Service Provider undertook to bear the cost of returning the goods.
Costs of returning the goods
The direct cost of returning the goods is primarily borne by the Customer, except if the Service Provider undertook to bear this cost.
If, in the course of a contract concluded outside business premises, the goods were delivered to the address requested by the Customer and, due to their nature, cannot be returned by post, the Service Provider will transport the goods back at its own expense.
Liability for depreciation
The Customer is liable only for depreciation resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the goods. If the Service Provider did not provide the required information on the right of withdrawal, the Customer is not liable for depreciation.
Proportionate fee for services
If the Service Provider and the Customer concluded a service contract and the Customer requested early commencement of performance, and then exercises their right of termination after commencement, the Customer must pay a proportionate fee for the service performed up to the time of termination. The proportionate amount is calculated by the Service Provider based on the total consideration agreed in the contract, unless the Customer proves that this is excessively high, in which case the market value applies.
Discontinuation of use of digital content
In the case of digital content or services, upon withdrawal the Customer must refrain from further use and from making it available to third parties.
When may the right of withdrawal not be exercised?
After full performance of services.
In the case of a contract for the provision of services, the Customer may not exercise the right of withdrawal after the service has been fully performed, provided that performance began with the Customer’s express prior consent and acknowledgement.
In the case of purchasing time-bound services.
In the case of digital content not supplied on a tangible medium, the Customer may not exercise the right of withdrawal if performance began with the Customer’s express prior consent and the Customer acknowledged that they thereby lose the right of withdrawal.
If the contract concluded by the Customer is linked to ancillary contracts, exercising the right of withdrawal or termination also cancels or terminates those ancillary contracts. The Customer is not obliged to compensate for damage arising from termination of ancillary contracts and no other costs shall be borne in this connection. The Service Provider informs without delay the third parties participating in the ancillary contracts of the Customer’s withdrawal or termination.
X. Service Provider rights if the Customer does not take over the product
If the Customer does not take over the delivered product, the Service Provider is entitled to initiate re-delivery and make the re-delivery conditional upon payment of the delivery fee.
If, during the re-delivery, the Customer again does not take over the product, this qualifies as a material breach of contract; the Service Provider is entitled to terminate the contract with immediate effect. The Service Provider may deliver the termination to the email address provided by the Customer in the Webshop. The termination is deemed delivered when the email containing the termination was delivered to the recipient’s mail server; the email shall be deemed delivered and undisputed even without acknowledgement, if no dispute statement is received from the other party within 3 business days.
If points 1-2 have already been applied to the Customer, the Service Provider may make acceptance of further orders from the Customer conditional upon advance payment of the purchase price of the products and the delivery fee.
In the case of digital content, the Consumer acknowledges that they will have access to the digital content from the date specified in the contract, regardless of whether they use it. Accordingly, the Consumer has a payment obligation even if they do not use or do not take over the digital content. Providing access qualifies as performance of the service.
XI. Consumer protection information
In the case of points XI. 1-3 [1. Statutory warranty, 2. Product warranty, 3. Guarantee], Customer means consumer; a consumer is a natural person acting outside the scope of their profession, independent occupation, or business activity.
For Customers not qualifying as consumers, the Service Provider provides the information in point 4.
Statutory warranty
In what cases may the Customer exercise their statutory warranty rights?
In the event of defective performance, the Customer may enforce a statutory warranty claim against the Service Provider in accordance with the rules of the Civil Code. This right is granted to the Customer in all cases where the purchased product does not comply with what is set out in the contract.
When exercising statutory warranty rights, the Customer may, at their choice, request repair of the defective product or replacement, except if performance of the chosen claim is impossible or would entail disproportionate additional costs for the Service Provider compared to fulfillment of another claim. If the Customer did not request repair or replacement, or could not request it, they may demand a proportionate reduction of the consideration, or as a last resort, may withdraw from the contract. The Customer may switch from one chosen statutory warranty right to another, however the costs of switching are borne by the Customer, except if it was justified or the Service Provider gave cause for it.
Within what deadline may the Customer enforce their statutory warranty claim?
The Customer must notify the Service Provider of the defect without delay after discovering it, but no later than within two months from discovery. The Service Provider draws the Customer’s attention that beyond the two-year limitation period from performance, the Customer can no longer enforce statutory warranty rights. In the case of used goods, this period is one year.
Against whom may the Customer enforce their statutory warranty claim?
The Customer may enforce their statutory warranty claim against the Service Provider.
What other conditions apply to enforcing statutory warranty rights?
Within one year from performance, apart from notifying the defect, there are no other conditions for enforcing a statutory warranty claim, provided that the Customer proves that the product was supplied by the Webshop. After one year from performance, however, the Customer must prove that the defect recognized by the Customer already existed at the time of performance.
Product warranty
In what cases may the Customer exercise their product warranty rights?
In the event of a defect of a movable item (hereinafter in this section: product), the Customer may—at their choice—enforce either the right specified in point 1 or a product warranty claim in accordance with the rules of the Civil Code.
What rights does the Customer have based on a product warranty claim?
As a product warranty claim, the Customer may request repair or replacement of the defective product.
Against whom may the Customer enforce their product warranty claim?
The Customer may exercise product warranty rights against the manufacturer or distributor of the product (hereinafter together: manufacturer).
When is a product considered defective?
The product is defective if it does not comply with the quality requirements in force at the time it was placed on the market, or if it does not have the characteristics stated in the description provided by the manufacturer.
Within what deadline may the Customer enforce their product warranty claim?
The Customer may enforce the product warranty claim within two years from the date the product was placed on the market by the manufacturer. After expiry of this period, the entitlement is lost.
What burden of proof applies when enforcing a product warranty claim?
When enforcing a product warranty claim, the Customer must prove that the product defect existed at the time the product was placed on the market by the manufacturer.
In what cases is the manufacturer exempt from product warranty liability?
The manufacturer is exempt from product warranty liability if it can prove that
– it did not manufacture or place the product on the market in the course of its business activity, or
– the defect was not recognizable at the time the product was placed on the market according to the state of science and technology, or
– the defect of the product results from the application of a law or mandatory authority regulation. For exemption, it is sufficient for the manufacturer to prove one reason.
The Service Provider draws the Customer’s attention that for the same defect, statutory warranty claims against the Service Provider and product warranty claims against the manufacturer may be enforced simultaneously and in parallel. However, if the Customer has once successfully enforced a claim arising from defective performance due to a given defect (e.g., the Service Provider replaced the product), then with regard to the same defect the Customer may subsequently enforce their statutory warranty claim only against the manufacturer for the replaced product or the part of the product affected by repair.
Guarantee
In what cases may the Customer exercise their guarantee rights?
If the Service Provider undertook a guarantee or is obliged by law to provide a guarantee, during the guarantee period the Service Provider must be liable for defective performance under the conditions set out in the declaration creating the guarantee or in the law.
What rights does the Customer have if the guarantee is based on law?
In the case of a new durable consumer good (hereinafter: consumer good) specified in the ministerial decree on the product groups of durable consumer goods subject to mandatory guarantee, the Customer may enforce the rights specified in point 1 due to a defect in performance under the conditions laid down in the government decree on the mandatory guarantee for certain durable consumer goods.
What additional entitlements does the Customer have in the case of a statutory guarantee?
In the case of a consumer good, during the guarantee period the Customer may primarily request repair. Replacement is available already after the first repair attempt if it is established that the consumer good cannot be repaired and the Customer does not request fulfillment of another claim. The Customer may also request replacement if no repair takes place within thirty days from notifying the repair claim. A replacement claim is also justified if the consumer good fails again after three repairs during the guarantee period, provided that the Customer does not request fulfillment of another claim. If replacement is not possible in the above cases, the Customer may also claim a refund of the purchase price.
Within what deadline may the Customer exercise rights based on a statutory guarantee?
Guarantee period for consumer goods
a) in the case of a sales price from 10,000 HUF to 250,000 HUF: two years,
b) in the case of a sales price above 250,000 HUF (starting from 250,001 HUF): three years.
What rights and within what deadline does the Customer have if the guarantee is based on a voluntary undertaking?
In the event of defective performance by the Service Provider, the Customer is entitled to the guarantee rights specified in the declaration creating the guarantee, within the specified deadline, under the conditions set out therein.
Under what conditions may guarantee claims be enforced?
The Customer may exercise their rights arising from the guarantee with the warranty card made available to them; improper issuance of the warranty card or failure to provide it does not affect the validity of the guarantee. If the warranty card is not provided, conclusion of the contract shall be deemed proven if the Customer presents proof of payment of the consideration. Providing the opened packaging of the consumer good is not a condition for fulfilling a guarantee claim.
What further requirements may be set as a condition for exercising guarantee rights?
Special requirements (for example periodic inspection) may be imposed on the consumer in order to ensure proper commissioning or operation of the consumer good, provided that proper commissioning or operation cannot be ensured otherwise, and fulfilling the requirement does not impose a disproportionate burden on the consumer.
When is the Service Provider exempt from guarantee obligations?
The Service Provider is exempt from guarantee obligations if it proves that the cause of the defect arose after performance.
The Service Provider draws the Customer’s attention that the Customer may enforce statutory warranty and guarantee claims, as well as product warranty and guarantee claims, simultaneously and in parallel for the same defect. However, if the Customer has once successfully enforced a claim arising from defective performance due to a given defect (e.g., the Service Provider replaced the product), then with regard to the same defect the Customer may no longer make another claim on a different legal basis.
Information on enforceable rights in the event of defective performance – in the case of contracts between businesses
Possibility of switching rights
The Customer may switch from their chosen statutory warranty right to another, but must pay the costs caused by the switch, except if the Service Provider gave cause for the switch or the switch was otherwise justified.
Parallel exercise of rights
The guarantee does not affect statutory warranty rights arising from law; they may be exercised in parallel.
In the event of replacement or withdrawal, the Customer is not obliged to compensate for depreciation of the thing resulting from proper use.
There is no right of withdrawal due to an insignificant defect.
Dispute resolution
Online dispute resolution platform
The European Commission has created a website where Consumers can register, and thus they have the opportunity to resolve disputes related to online purchases through this platform by completing an application, avoiding court proceedings. In this way, Consumers can enforce their rights without, for example, distance preventing them from doing so.
If the Consumer wishes to make a complaint about a product (Goods) or service purchased online and does not necessarily want to go to court, they may use the online dispute resolution tool.
On the portal, the Consumer and the merchant (Service Provider) against whom the complaint was made can jointly select the dispute resolution body they wish to entrust with handling the complaint.
The online dispute resolution platform is available here: webgate.ec.europa.eu
XII. Other provisions, information
The Service Provider informs the Customer that
annual availability of the servers ensuring its data processing exceeds 99.9%. To protect the data, regular backups are made, so in the event of data loss the original content can be restored; stored information is placed in MSSQL and MySQL databases; sensitive data is protected with strong encryption, for which hardware-based encoding solutions integrated into the processor are used.
The Service Provider informs the Customer that the Sellvio review system operates on the Webshop website.
The review system does not evaluate individual products, but the operation of the webshop itself, based exclusively on the opinions of real Customers.
During the review process, the following security technical measures are applied:
The possibility to submit a review is activated only after purchase. The system operates independently of the webshop, and the reviews are stored by Sellvio (ErdSoft Kft.: company registration number: 06-09-030198, registered office: 6720 Szeged, Kígyó utca 4.).
Submitting a review is possible only after purchase, based on an invitation sent to the provided email address.
It is important to know that neither deleting reviews nor opinions is possible – both positive and negative feedback appear, so the system provides an authentic picture of the Webshop’s operation. The website was implemented within the framework of and supported by the Demján Sándor Program.
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