Terms of consumer protection

Defective performance

The seller or service provider is in default if the product or service does not meet the quality requirements specified in the contract or by law at the time of performance, unless the buyer was aware of the defect at the time of conclusion of the contract or should have been aware of it.

Presumption of defective performance: it must be presumed that a defect recognized by the consumer within six months of performance already existed at the time of performance, unless this presumption is incompatible with the nature of the item or the nature of the defect.

The terms of warranty (in Hungarian: szavatosság), product guarantee (in Hungarian: termékszavatosság) and commercial guarantee (in Hungarian: jótállás)

The buyer is entitled to warranty rights for any product or service if the defect already existed at the time of purchase. The seller’s warranty liability is objective, i.e. it does not depend on whether they were aware of the defect (whether they were acting in good faith or bad faith). The buyer may choose to have the product repaired or replaced, unless the chosen warranty right is impossible to fulfill or would result in disproportionate additional costs for the seller. In certain cases, such as if the seller has not undertaken to repair or replace the product or is unable to do so in a timely manner, the buyer may repair the product themselves or have it repaired by a person they have commissioned, the costs of which shall be borne by the seller. In such cases, the buyer may also request a price reduction or, if the defect is significant, may withdraw from the contract. In the event of withdrawal, the buyer shall return the defective product and receive a refund of the purchase price.

Product guarantee: Not only the seller but also the manufacturer of the product is liable to the buyer. In such cases, the consumer may request the manufacturer directly to repair the product or replace it if the repair cannot be carried out in a timely manner, taking into account the interests of the consumer.

Differences between warranty and product guarantee

• Product guarantee only applies to the sale of movable goods, while warranty applies in all cases.
• In the case of product guarantee, only repair or replacement can be requested. In the case of warranty, a price reduction, reimbursement of repair costs, or even cancellation of the contract is possible.

In the case of a commercial guarantee, the buyer is essentially entitled to the same rights as in the case of a warranty, but with the significant difference that the buyer is in a comfortable position: it is not up to them to prove that the defect already existed at the time of delivery, but up to the seller to prove that the defect only arose after delivery, otherwise they cannot be released from their obligations. However, the seller is only liable under the guarantee if such liability has been expressly undertaken or is required by law, as in the case of household appliances, technical articles, building components, etc. In such cases, the buyer is entitled to a guarantee in addition to the warranty.

Differences between warranty and commercial guarantee

• The warranty must be provided by every seller of a product or provider of a service, while a commercial guarantee is only required for certain products.
• The duration of the warranty and the commercial guarantee may differ.