Privacy Policy

GENERAL TERMS AND CONDITIONS (GTC)

effective from September 9, 2023

Foreword:

Welcome to our webshop! Thank you for your trust and for choosing us for your purchase.

Please read our General Terms and Conditions prior to making a purchase, where you can find proper information regarding the general rules of shopping with us.

Should you have any questions regarding your purchase, the webshop, or the General Terms and Conditions, please contact our colleague using the contact details below:

ugyfelszolgalat@dymol.hu

Below we have summarized the legal information regarding purchasing required under the applicable regulations.

Data of the Seller, Business (Service Provider)

Name: “DYMOL” Vegyi, Ipari és Szolgáltató Korlátolt Felelősségű Társaság

Registered office: 2143 Kistarcsa, Külső raktár körút 1.B., Hungary

Mailing address: 2143 Kistarcsa, Külső raktár körút 1.B., Hungary

Registering authority: Company Court of the Regional Court of Budapest Environs

Company registration number: 13-09-061069

Tax number: 10485264-2-13

Representative: Csilla Bendéné Molnár

Phone number: +36-28-470-500 (on business days between 7:00 AM – 2:30 PM)

E-mail: ugyfelszolgalat@dymol.hu

Website: https://dymol-professional.com

Definitions used in these General Terms and Conditions:

Goods: industrial and household chemical cleaning products featured in the Webshop’s offer and intended for sale on the Webshop

Parties: Seller (DYMOL Kft.) and Buyer (customer) collectively

Goods:

a) movable tangible items, including water, gas, and electricity packaged in tanks, bottles, or in other limited quantities or specified volumes, as well as
b) movable tangible items that incorporate or are interconnected with digital content or digital services in such a way that, in the absence of the relevant digital content or digital service, the goods would not be able to fulfill their functions (hereinafter: goods containing digital elements);

Consumer: a consumer as defined in the Civil Code, i.e., a natural person acting outside the scope of their trade, independent profession, or business activity.

Under these General Terms and Conditions, Consumer also refers to the customer.

Consumer contract: a contract in which one of the parties qualifies as a consumer

Manufacturer: the producer of the Goods, or in the case of imported Goods, the importer bringing the Goods into the territory of the European Union, as well as any person presenting themselves as the manufacturer by affixing their name, trademark, or other distinctive sign to the Goods

Webshop: this website, which serves for concluding the contract

Contract: the sales contract concluded between the Seller and the Buyer via the Webshop interface and through electronic mail

Means of distance communication: any means suitable for making a contractual declaration in the absence of the simultaneous physical presence of the parties for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in press media with order forms, catalogs, telephones, telefaxes, and internet access devices

Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties, under an organized distance sales scheme for providing the Goods or services specified in the contract, where the contracting parties use exclusively one or more means of distance communication up to and including the time the contract is concluded

Business / Enterprise: a business as defined in the Civil Code, i.e., a person acting within the scope of their trade, independent profession, or business activity.

Buyer: the person making a purchase offer and concluding a contract through the Webshop

Guarantee / Warranty: In the case of contracts concluded between a consumer and a business (hereinafter: consumer contract), pursuant to the Civil Code:

a statutory or voluntary guarantee assumed by the business for the proper performance of the contract, over and above or in the absence of its statutory obligation, as well as
the mandatory guarantee based on specific legislation

Purchase Price: the consideration payable for the Goods, as well as for the provision of digital content.

Applicable Legislation

The provisions of Hungarian law shall govern the Contract, with particular regard to the following laws:

Act CLV of 1997 on Consumer Protection
Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services
Act V of 2013 on the Civil Code
Government Decree No. 151/2003 (IX.22.) on Mandatory Guarantee for Consumer Durable Goods
Government Decree No. 45/2014 (II.26.) on Detailed Rules for Contracts Concluded Between Consumers and Businesses
NGM Decree No. 19/2014 (IV.29.) on Procedural Rules for Handling Warranty and Guarantee Claims Concerning Goods Sold Under Contracts Between Consumers and Businesses
Act LXXVI of 1999 on Copyright
Act CXII of 2011 on Informational Self-Determination and Freedom of Information
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 No. 373/2021 (VI. 30.) on Detailed Rules for Contracts Between Consumers and Businesses for the Sale of Goods, Provision of Digital Content, and Supply of Digital Services

Scope and Acceptance of the GTC

The content of the contract concluded between DYMOL Kft. (Seller) and the customer (Buyer) shall be defined – alongside the mandatory applicable legal provisions – by these General Terms and Conditions (hereinafter: GTC). Accordingly, these GTC contain the rights and obligations pertaining to you and DYMOL Kft., the conditions for contract formation, performance deadlines, shipping and payment terms, liability rules, and conditions for exercising the right of withdrawal.

Technical information required for using the Webshop, which is not included in these GTC, is provided through other informational notices available on the Webshop interface.

You are required to familiarize yourself with the provisions of these GTC prior to finalizing your order.

Language and Form of the Contract

The language of contracts covered by these GTC is Hungarian.

Contracts falling under the scope of these GTC do not constitute written contracts and are not filed or registered by DYMOL Kft.

E-Invoicing

DYMOL Kft. applies an electronic invoicing system pursuant to Section 175 of Act CXXVII of 2007, meaning it issues electronic invoices. By accepting these GTC, you grant your consent to the use of electronic invoicing. DYMOL Kft. will send the invoice to the email address provided at the time of purchase; therefore, the physical package will not contain a paper-based invoice.

Prices

Prices indicated in our Webshop are stated in Hungarian Forints (HUF) and include 27% VAT. DYMOL Kft. reserves the right to modify the prices of products. Price changes naturally do not apply to contracts already concluded. If DYMOL Kft. incorrectly indicated a price for a product in the webshop and an order was received for that item (Goods), but the parties have not yet concluded a contract, our company shall proceed according to the “Procedure in Case of Incorrect Price” clause of the GTC.

Procedure in Case of Incorrect Price

An incorrectly indicated price shall include, in particular:

A price of HUF 0,
A price reduced by a discount, but where the discount—and thus the total amount—is incorrectly displayed

In the case of an incorrectly indicated price, DYMOL Kft. shall offer the option to purchase the Goods at their actual price, equipped with which information the Customer may decide whether to order the Goods at the actual price or cancel the order without any adverse legal consequences.

Complaint Handling and Enforcement Options

Consumers may submit consumer objections regarding the Goods or the activities of DYMOL Kft. through the following contact details:

E-mail: ugyfelszolgalat@dymol.hu

The consumer may communicate their complaint orally or in writing to the business, relating to the conduct, activity, or omission of the business or any person acting on behalf or for the benefit of the business, directly connected to the distribution or sale of goods to consumers.

The business is obliged to investigate oral complaints immediately and remedy them as necessary. If the consumer disagrees with the handling of the complaint or an immediate investigation of the complaint is not possible, the business must immediately draw up minutes of the complaint and its position regarding it, and hand over a copy of it to the consumer on the spot in the case of an oral complaint made in person. In the case of an oral complaint made by telephone or using another electronic communications service, a copy must be sent to the consumer at the latest within 30 days—in accordance with rules governing written responses—together with its substantive answer. Otherwise, the business shall proceed regarding written complaints as set out below. Regarding written complaints, unless directly applicable EU legal acts provide otherwise, the business is obliged to respond in writing, in a substantively verifiable manner, within thirty days of receipt and arrange for its communication. A shorter deadline may be specified by legislation, and a longer deadline by law. The business must state the reasons for rejecting a complaint. Oral complaints made by phone or electronic communications service must be provided with a unique identification number by the business. The response must inform the Customer of the option to turn to the Conciliation Board.

The minutes taken on the complaint must include the following:

the consumer’s name and residential address,
the place, time, and method of submitting the complaint,
a detailed description of the consumer’s complaint, a list of documents and other evidence presented by the consumer,
a statement by the business regarding its position on the consumer’s complaint, if an immediate investigation of the complaint is possible,
the signature of the person taking the minutes and—except in the case of an oral complaint made by telephone or electronic communications service—the signature of the consumer,
the place and time of taking the minutes,
in the case of an oral complaint communicated by phone or other electronic communications service, the unique identification number of the complaint.

The business is required to keep the minutes taken of the complaint and a copy of the response for three years and present them to inspecting authorities upon request.

If a complaint is rejected, the business must inform the consumer in writing of the authority or conciliation board whose proceedings the consumer may initiate, depending on the nature of the complaint. The notification must also include the registered office, phone number, website address, and mailing address of the competent authority or conciliation board based on the consumer’s domicile or residence. The information must also indicate whether the business will utilize the conciliation board procedure to settle the consumer dispute. If any consumer dispute between the Seller and the consumer is not resolved during negotiations, the following enforcement options are open to the consumer:

Consumer Protection Procedure

Complaints may be filed with consumer protection authorities. If a consumer detects a violation of their consumer rights, they are entitled to turn to the consumer protection authority competent according to their place of residence. Following the evaluation of the complaint, the authority decides whether to conduct consumer protection proceedings. First-instance consumer protection duties are handled by the competent capital and county government offices based on the consumer’s residence, a list of which can be found here: http://www.kormanyhivatal.hu/

Court Proceedings

The customer is entitled to enforce claims arising from a consumer dispute before a court in civil proceedings under Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

Conciliation Board Proceedings

Please be informed that you may file a consumer complaint against us. If your consumer complaint is rejected, you are entitled to turn to the Conciliation Board competent according to your place of residence or stay: initiating Conciliation Board proceedings is subject to the consumer attempting to resolve the dispute directly with the business concerned. Upon request of the consumer, the conciliation board designated in the consumer’s application shall have jurisdiction instead of the competent board.

The business is subject to an obligation of cooperation in conciliation board proceedings.

In this context, businesses have an obligation to submit a written response upon request by the conciliation board, and the obligation to appear before the conciliation board (“ensuring the participation of a person authorized to reach a settlement at the hearing”) is also laid down as a requirement.

If the registered office or site of the business is not registered in the county of the chamber operating the territorially competent conciliation board, the business’s obligation to cooperate extends to offering the option of a written settlement in line with the consumer’s request; attendance at the Conciliation Board hearing is not mandatory if the written document containing the settlement offer has been sent.

In the event of a breach of the above obligation to cooperate, the consumer protection authority has competence, under which, due to legal changes, a mandatory fine applies in the event of unlawful conduct by businesses, with no possibility of waiving the fine. In addition to the Consumer Protection Act, the relevant provisions of the Act on Small and Medium-sized Enterprises have also been amended, so imposing a fine cannot be omitted in the case of small and medium-sized enterprises either.

The amount of the fine for small and medium-sized enterprises may range from HUF 15,000 to HUF 500,000, while for non-SMEs falling under the scope of the Accounting Act with an annual net turnover exceeding HUF 100 million, it may range from HUF 15,000 up to 5% of the enterprise’s annual net turnover, but no more than HUF 500 million. By introducing the mandatory fine, the legislator aims to emphasize cooperation with conciliation boards and ensure active participation of businesses in conciliation board proceedings.

The Conciliation Board is responsible for settling consumer disputes out of court. The task of the conciliation board is to attempt to reach a settlement between the parties to resolve the consumer dispute; in the event of this being unsuccessful, it makes a decision in the matter to ensure the simple, fast, efficient, and cost-effective enforcement of consumer rights. Upon request of the consumer or the business, the conciliation board provides advice regarding the rights and obligations pertaining to the consumer.

Conciliation board proceedings are initiated upon application by the consumer. The application must be submitted in writing to the president of the conciliation board: the requirement of writing can be met by letter, telegram, telex, or telefax, as well as by any other means that enables the recipient to durably store the data addressed to them for a period appropriate to the purpose of the data, and to display the stored data in unchanged form and content. The application must contain:

the consumer’s name, domicile, or residence,
the name, registered office, or affected site of the business involved in the consumer dispute,
if the consumer requests jurisdiction instead of the competent conciliation board, the designation of the requested board,
a brief description of the consumer’s position, the supporting facts, and their evidence,
the consumer’s statement that they attempted to resolve the dispute directly with the business concerned,
the consumer’s statement that they have not initiated proceedings before another conciliation board in the matter, no mediation procedure was initiated, no statement of claim was filed, and no application for a payment order was submitted,
a motion for the board’s decision,
the consumer’s signature.

The document or a copy (excerpt) thereof whose content the consumer relies on as evidence must be attached to the application, in particular the written statement of the business rejecting the complaint, or failing this, other written evidence available to the consumer proving the attempted negotiation.

If the consumer acts through a representative, the power of attorney must be attached to the application.

More information about the Conciliation Boards is available via the following link: http://www.bekeltetes.hu

More information about the territorially competent Conciliation Boards is available via the following link:
https://bekeltetes.hu/index.php?id=testuletek

Contact details for individual territorially competent Conciliation Boards can be found on the bekeltetes.hu website.

Conciliation Board Proceedings for Non-Consumer Persons

Under the Consumer Protection Act, for the purposes of Conciliation Board proceedings, non-governmental organizations, ecclesiastical legal entities, condominiums, housing cooperatives, and micro, small, and medium-sized enterprises acting for purposes outside their independent profession and economic activity that purchase, order, receive, use, or utilize goods or are the addressees of commercial communications or offers related to goods under a sales contract governed by specific legislation are also considered consumers.

The Conciliation Board is entitled to check and verify the existence of consumer status. The rules governing the procedure are those set out under the Conciliation Board section.

Copyrights

Pursuant to Section 1 (1) of Act LXXVI of 1999 on Copyright (hereinafter: Copyright Act), the website qualifies as a copyrighted work, and thus all parts thereof are protected by copyright law. Under Section 16 (1) of the Copyright Act, unauthorized use of graphical and software solutions, computer program creations, or the use of any application that could modify the website or any part thereof is prohibited. Any material from the website and its database may only be used, even with the written consent of the rights holder, with reference to the website and indication of the source. Rights holder: DYMOL Kft.

Partial Invalidity, Code of Conduct

If any clause of these GTC is incomplete or invalid, the remaining clauses of the contract shall remain in force, and the provisions of relevant laws shall apply in place of the invalid or defective part.

DYMOL Kft. does not possess a code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.

Information Regarding Essential Characteristics of Goods/Products

Essential characteristics of Goods available in the webshop are provided in the descriptions accompanying each Good.

Correction of Data Entry Errors – Responsibility for the Accuracy of Data Provided

During the ordering process, prior to finalizing your order, you continuously have the opportunity to modify the data entered by you (clicking the back button in the browser opens the previous page, so entered data can be corrected even if you have already proceeded to the next page). Please note that it is your responsibility to ensure that the data provided by you is entered accurately, as billing and delivery of Goods are performed based on the data you provide. Please note that an incorrectly provided email address or a full inbox may result in a lack of delivery confirmation and prevent the conclusion of the contract. If the Customer has finalized their order and notices an error in the provided data, they must request a modification of their order as soon as possible. The Customer may notify the Seller of a modification to an incorrect order via email sent from the address specified at the time of ordering or via telephone call.

Performance Deadline

The deadline indicated for the shipping method chosen by you shall apply to the order. In the event of delay by DYMOL Kft., the Buyer is entitled to set a grace period. If DYMOL Kft. fails to perform within the grace period, the Buyer is entitled to withdraw from the contract.

Retention of Rights, Retention of Title

If you have previously ordered Goods and failed to take delivery during shipping (excluding cases where you exercised your right of withdrawal), or if the Goods were returned to the seller marked “unclaimed”, the Seller conditions the fulfillment of the order on advance payment of the purchase price and shipping costs.

The Seller may withhold delivery of the Goods until verified that payment of the product price was successfully made using an electronic payment solution (including cases where, for Goods paid by bank transfer, the Customer transfers the purchase price in the currency of their member state and, due to exchange rates and bank commissions/costs, the Seller does not receive the full amount of the purchase price and delivery fee). If the price of the Goods is not paid in full, DYMOL Kft. may request the Customer to supplement the purchase price.

Sales Abroad

If the Customer requests delivery outside the borders of Hungary, please indicate this intention at the ugyfelszolgalat@dymol.hu email address, specifying the country of delivery. DYMOL Kft. will contact the Customer within a 15-day deadline following receipt of the order to confirm feasibility. In the case of international shipping, cash on delivery (COD) payment is not available.

The provisions of these GTC also apply to purchases outside Hungary, provided that under applicable regulations, a buyer for the purposes of this point means a consumer who is a national of a Member State or resides in a Member State, or an enterprise established in a Member State that purchases goods or uses services within the European Union solely for end-use purposes or acts with such intention. A consumer is a natural person acting for purposes outside their trade, business, craft, or profession.

The primary language of communication and purchasing is Hungarian; DYMOL Kft. is not obliged to communicate with the Customer in the language of the Customer’s Member State.

DYMOL Kft. is not required to comply with non-contractual requirements specified in the national law of the Customer’s Member State regarding the Goods concerned, such as labeling or sector-specific requirements, or to inform the Customer about such requirements.

Unless otherwise provided by DYMOL Kft., Hungarian VAT applies to all Goods.

The Customer may exercise enforcement options under these GTC.

When using an electronic payment solution, payment shall be made in the currency specified by DYMOL Kft.

DYMOL Kft. may withhold delivery of the Goods until verified that payment of the price of Goods and delivery fee was successfully and completely made using an electronic payment solution (including cases where, for Goods paid by transfer, the Customer transfers the purchase price/delivery fee in their Member State’s currency and due to conversion, bank commissions, or fees, DYMOL Kft. does not receive the full amount). If the price of the Goods was not paid in full, the Seller may request the Customer to supplement the purchase price.

If the Customer indicates their intention to arrange transport of Goods abroad at their own expense, DYMOL Kft. is entitled to permit this. Hungarian Customers do not hold this right.

DYMOL Kft. will fulfill the order upon payment of the delivery fee; if the Customer fails to pay the delivery fee to DYMOL Kft. or fails to arrange self-transport based on prior consent by DYMOL Kft. by the agreed date, DYMOL Kft. shall terminate the contract and refund the pre-paid purchase price to the Customer.

Consumer Information Notice Pursuant to Applicable Legal Provisions:

Below we outline the rules regarding withdrawal applicable to consumers:

Information Notice on the Right of Withdrawal Pertaining to Consumer Buyers

According to Section 8:1 (1) point 3 of the Civil Code, only natural persons acting outside the scope of their trade, independent profession, or business activity qualify as consumers; therefore, legal entities cannot exercise the right of withdrawal without justification!

Under Section 20 of Government Decree No. 45/2014 (II. 26.), the consumer is entitled to a right of withdrawal without giving any reason. The consumer may exercise their right of withdrawal

a) in the case of a contract for the sale of Goods, within a period starting from the day of receipt by the consumer or a third party designated by the consumer (other than the carrier) of:
aa) the Goods,
ab) in the case of multiple Goods delivered at different times, the last delivered Goods;

which period is 14 calendar days.

The provisions of this point do not affect the consumer’s right to exercise their right of withdrawal specified herein during the period between the date of contract conclusion and the date of receipt of the Goods.

If the offer to conclude the contract was made by the consumer, the consumer has the right to withdraw the offer prior to contract conclusion, which terminates the binding nature of the offer.

Statement of Withdrawal, Exercising the Consumer’s Right of Withdrawal or Termination

The consumer may exercise their right under Section 20 of Government Decree No. 45/2014 (II. 26.) by means of an explicit statement to this effect or by using the sample declaration form downloadable from the website.

Validity of the Consumer’s Statement of Withdrawal

The right of withdrawal shall be deemed exercised within the deadline if the consumer sends their statement before the expiry of the deadline.

In the case of written withdrawal or termination, it is sufficient to send the withdrawal or termination statement within the deadline.

The burden of proof lies with the consumer to show that the right of withdrawal was exercised in accordance with this provision.

Upon receipt of the consumer’s statement of withdrawal, the Seller is required to acknowledge receipt on a durable medium electronically.

Obligations of the Seller in the Event of Consumer Withdrawal

The Seller’s Refund Obligation

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

Method of Refund by the Seller

In the event of withdrawal or termination in accordance with Section 22 of Government Decree No. 45/2014 (II. 26.), the Seller shall refund the amount due to the consumer using the same payment method as used by the consumer. Subject to the explicit consent of the consumer, the Seller may use another payment method for the refund, but no additional fees may be charged to the consumer as a result. The Seller shall not be liable for delays caused by an incorrectly and/or inaccurately provided bank account number or postal address by the Consumer.

Right of Retention

The Seller may withhold the refund due to the consumer until the consumer has returned the Goods or provided conclusive proof of having sent them back, whichever is earlier. We cannot accept shipments returned cash on delivery (COD) or with carriage unpaid. We can only take back goods returned in unopened, undamaged condition.

Obligations of the Consumer in the Event of Withdrawal or Termination

Return of Goods

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree No. 45/2014 (II. 26.), they are obliged to return the Goods without delay, but no later than fourteen days from communicating the withdrawal, or hand them over to the Seller or a person authorized by the Seller to receive the Goods. The return is deemed completed within the deadline if the consumer sends the Goods before the deadline expires.

Direct Costs of Returning Goods

The consumer shall bear the direct cost of returning the Goods. Goods must be returned to the Seller’s address. If the consumer terminates a contract for the provision of services concluded off-premises or at a distance after performance has commenced, they must pay the business an amount proportional to the service provided up to the time of communicating termination to the business. The proportional amount payable by the consumer shall be determined on the basis of the total consideration agreed in the contract plus tax. If the consumer proves that the total amount so determined is excessively high, the proportional amount shall be calculated based on the market value of services provided up to the date of termination. Please note that we cannot accept Goods returned cash on delivery (COD) or postage due.

Consumer Liability for Diminished Value

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

If, under applicable laws, the right of withdrawal cannot be exercised or can only be exercised under conditions, the Customer is not entitled to trial-use either.

Exceptions to the Right of Withdrawal

DYMOL Kft. draws customers’ attention to the fact that the customer cannot exercise their right of withdrawal in the cases specified in Section 29 (1) of Government Decree No. 45/2014 (II. 26.):

after full performance of the service, but if the contract creates a payment obligation for the consumer, this exception can only be invoked if performance began with the consumer’s explicit prior consent and acknowledgment that they will lose their right of withdrawal once the business has fully performed the contract;
in respect of Goods or services whose price or fee depends on fluctuations in the financial market beyond the control of the business, which may occur within the withdrawal period;
in respect of non-prefabricated Goods produced based on instructions or explicit request of the consumer, or Goods clearly tailored to the consumer’s personal needs;
in respect of Goods liable to deteriorate or expire rapidly;
in respect of sealed Goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
in respect of Goods which, by their nature, are inseparably mixed with other items after delivery;
in respect of alcoholic beverages whose actual value depends on market fluctuations beyond the control of the business, and whose price was agreed at the time of concluding the sales contract, but performance takes place only after thirty days from conclusion;
in respect of service contracts where the business visits the consumer at their explicit request to carry out urgent repairs or maintenance;
in respect of the sale of sealed audio or video recordings or computer software, if the packaging was opened after delivery;
in respect of newspapers, periodicals, and magazines, with the exception of subscription contracts;
in respect of contracts concluded at a public auction;
in respect of contracts for accommodation other than for residential purposes, transport of goods, car rental services, catering, or services related to leisure activities, if the contract provides for a specific date or period of performance;
in respect of digital content provided on a non-tangible medium, if the Seller began performance with the consumer’s explicit prior consent and the consumer acknowledged losing their right of withdrawal upon commencement of performance, and the business sent confirmation to the consumer.

Information on Statutory Warranty, Product Warranty, and Guarantees for Conformity of Goods under Consumer Contracts

This section of the Consumer Information Notice was prepared pursuant to Section 9 (3) of Government Decree No. 45/2014 (II. 26.), taking into account Annex 3 of Government Decree No. 45/2014 (II. 26.).

This Consumer Information Notice applies exclusively to Buyers qualifying as consumers; rules for non-consumer buyers are contained in a separate chapter.

Requirements for Conformity under Consumer Contracts

General Requirements for Conformity of Goods and Goods with Digital Elements Sold Under Consumer Contracts

Goods and performance must conform to the requirements laid down in Government Decree No. 373/2021 (VI. 30.) at the time of performance.

To conform with the contract, Goods subject to the contract must:

comply with the description, quantity, quality, type, and possess the functionality, compatibility, interoperability, and other features specified in the contract
be fit for any specific purpose required by the consumer, which the consumer brought to the Seller’s knowledge at the latest at the time of contract conclusion and which the Seller accepted
be supplied with all accessories and instructions specified in the contract—including installation instructions and customer support—and
ensure updates specified in the contract.

To conform with the contract, Goods subject to the contract must also:

be fit for the purposes for which Goods of the same type would normally be used under legal provisions, technical standards, or in the absence of technical standards, applicable codes of conduct
possess the quantity, quality, performance, and other features—particularly regarding functionality, compatibility, accessibility, continuity, and security—reasonably expected by the Consumer for Goods of the same type, taking into account public statements made by the Seller, its representative, or other persons in the supply chain (especially in advertisements or labels)
be supplied with accessories and instructions reasonably expected by the Consumer—including packaging and installation instructions—and
comply with the characteristics and description of the Goods presented as a sample, model, or trial version by the business prior to contract conclusion.

Goods are not required to conform to public statements above if the Seller proves that:

it was unaware of, and could not reasonably have been aware of, the public statement
the public statement was corrected in a proper manner by the time of contract conclusion, or
the public statement could not have influenced the consumer’s decision to conclude the contract.

Conformity Requirements for the Sale of Goods Under Consumer Contracts

The Seller performs defectively if the defect in Goods stems from improper installation, provided that:

a) installation formed part of the sales contract and was carried out by the Seller or under the Seller’s responsibility; or
b) installation was to be carried out by the consumer and improper installation was due to shortcomings in installation instructions provided by the Seller—or, for goods with digital elements, by the provider of digital content/services.

If under the sales contract the Goods are installed by the Seller or under its responsibility, performance shall be deemed completed when installation is finished.

For Goods with digital elements, where the sales contract provides for continuous supply of digital content or services over a specified period, the Seller is liable for defects in digital content occurring or becoming apparent within two years from delivery of Goods for continuous supply lasting up to two years.

Conformity Requirements for Goods Containing Digital Elements Under Consumer Contracts

In the case of Goods containing digital elements, the Seller must ensure the consumer is notified of updates—including security updates—necessary to maintain conformity of Goods, and ensure the consumer receives them.

The Seller must ensure updates are made available:

if the sales contract provides for a single supply of digital content/services, for a period reasonably expected by the consumer based on the type/purpose of Goods/digital elements and contract nature; or
if the contract provides for continuous supply over a period up to two years, throughout a two-year period from delivery of Goods.

If the consumer fails to install provided updates within a reasonable time, the Seller is not liable for defects resulting solely from the lack of the relevant update, provided that:

a) the Seller informed the consumer of update availability and consequences of non-installation; and
b) failure to install or incorrect installation by the consumer was not due to shortcomings in installation instructions provided by the Seller.

Defective performance cannot be established if at contract conclusion the consumer was specifically informed that a specific characteristic of Goods deviated from requirements and explicitly accepted this deviation upon concluding the contract.

Statutory Warranty (Implied Warranty)

In what cases can the customer exercise statutory warranty rights?

In the event of defective performance by the Seller, the customer may enforce statutory warranty claims against the Seller under the Civil Code and, for consumer contracts, under Government Decree No. 373/2021 (VI.30.).

Rights pertaining to the customer under statutory warranty claims:

The customer may—at their choice—exercise the following statutory warranty claims:

Request repair or replacement, unless fulfillment of the chosen option is impossible or would cause disproportionate additional costs to the Seller compared to other options. If repair or replacement was not requested or could not be requested, the customer may demand a proportional reduction of consideration or—as a last resort—withdraw from the contract.

The customer may switch from one chosen warranty right to another, but shall bear the cost of switching unless justified or caused by the Seller.

Under consumer contracts, unless proven otherwise, any defect recognized within one year from delivery of Goods (including Goods with digital elements) shall be presumed to have existed at the time of delivery, unless incompatible with the nature of Goods or defect.

The Seller may refuse to bring Goods into conformity if repair or replacement is impossible or would impose disproportionate costs on the Seller, taking all circumstances into account (including value of Goods in sound condition and severity of breach).

The consumer is entitled to demand a proportional reduction of consideration or terminate the sales contract—aligned with the severity of breach—if:

the Seller failed to perform repair or replacement, or performed it but failed to meet conditions below:
- the Seller must ensure return of replaced Goods at its own expense
- if repair/replacement requires removal of Goods installed in accordance with their nature/purpose before defect became apparent, obligation includes removal of non-conforming Goods and installation of replacement/repaired Goods or bearing costs thereof.
refused to bring Goods into conformity
a repeated defect occurred despite the Seller’s attempt to bring Goods into conformity
the defect is of such severity as to justify immediate price reduction or termination of the sales contract, or
the Seller did not undertake to bring Goods into conformity, or it is clear from circumstances that the business will not bring Goods into conformity within a reasonable time or without significant inconvenience to the consumer.

If the consumer seeks to terminate the sales contract citing defective performance, the burden of proof rests on the Seller to show that the defect is minor.

The Consumer is entitled to withhold remaining payment—proportionate to severity of breach—in whole or in part until the Seller fulfills obligations regarding conformity and defective performance.

General applicable rules:

the Seller must ensure return of replaced Goods at its own expense
if repair/replacement requires removal of Goods installed in accordance with their nature/purpose before defect became apparent, obligation includes removal of non-conforming Goods and installation of replacement/repaired Goods or bearing costs thereof.

The reasonable period for completing repair or replacement shall be calculated from the time the Consumer communicated the defect to the business.

The consumer must make the Goods available to the business for repair or replacement.

Price reduction is proportional if the amount corresponds to the difference between the value of Goods due to the Consumer upon conforming performance and value actually received.

The Consumer’s right to terminate the sales contract is exercised by a legal declaration addressed to the Seller expressing the decision to terminate.

If defective performance affects only a specific part of Goods delivered under the sales contract and conditions for termination exist regarding them, the Consumer may terminate only regarding defective Goods, but may also terminate regarding any other Goods acquired together if the Consumer cannot reasonably be expected to keep only conforming Goods.

If the Consumer terminates the sales contract in whole or in part regarding Goods delivered under the contract:

the Consumer must return affected Goods to the Seller at the Seller’s expense, and
the Seller must immediately refund the purchase price paid for affected Goods as soon as Goods or proof of return are received.

Time limit for enforcing statutory warranty claims:

The customer must report the defect without delay upon discovery. A defect reported within two months of discovery shall be deemed reported without delay. However, please note that statutory warranty rights cannot be enforced beyond the two-year limitation period from contract performance.

The portion of repair time during which the Buyer cannot use Goods for their intended purpose shall not count toward the limitation period.

For parts of Goods affected by replacement or repair, the limitation period for statutory warranty claims restarts. This rule also applies if a new defect arises as a result of repair.

If the subject of the contract between consumer and business is a used item, parties may agree on a shorter limitation period; a period shorter than one year cannot be validly stipulated even in this case.

Against whom can the customer enforce statutory warranty claims?

The customer may enforce statutory warranty claims against the Seller.

Additional conditions for enforcing statutory warranty rights:

Within one year from delivery, enforcing statutory warranty claims has no condition other than reporting the defect, provided the customer proves the Goods were provided by the Seller. After one year from delivery, however, the customer must prove that the defect existed at the time of delivery.

Product Warranty

In what cases can the customer exercise product warranty rights?

In the event of a defect in movable property (Goods), the customer may—at their choice—enforce statutory warranty claims or product warranty claims.

Rights pertaining to the customer under product warranty claims:

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

When are Goods considered defective?

Goods are defective if they fail to meet quality requirements in force upon market placement or do not possess characteristics described by the manufacturer.

Time limit for enforcing product warranty claims:

The customer may enforce product warranty claims within two years from market placement of Goods by the manufacturer. This deadline is a forfeiture period.

Against whom and under what conditions can product warranty claims be enforced?

Product warranty claims may exclusively be exercised against the manufacturer or distributor of movable property. The defect of Goods must be proven by the customer when enforcing product warranty claims.

In what cases is the manufacturer (distributor) released from product warranty obligations?

The manufacturer (distributor) is released from product warranty obligations only if it proves that:

it did not manufacture or place the Goods on the market within its business activity, or
the defect was not recognizable according to the state of science and technology at the time of market placement, or
the defect of Goods stems from applying legislation or mandatory authority regulations.

Proving a single reason is sufficient for exemption.

We would like to draw customer attention to the fact that statutory warranty and product warranty claims cannot be enforced simultaneously, in parallel, for the same defect. However, upon successful enforcement of a product warranty claim, statutory warranty claims regarding replaced Goods or repaired parts can be enforced against the manufacturer.