GENERAL TERMS AND CONDITIONS
OF THE THALNYRA.COM ONLINE STORE
17 June 2026
CONTENTS
- Definitions
- Company Details
- General Information
- Products Available in the Online Store
- Ordering Procedure
- Purchase with Prior Registration
- Payment and Performance of the Contract
- General Information on Packaging and the Confidentiality of Shipments
- Retention of Title
- Consumer Rights, Complaint Handling and Conciliation Board
10.1. Definitions
10.2. Price Display Requirements
10.3. Packaging Requirements
10.4. General Rules on Complaint Handling
10.5. Proceedings of the Conciliation Board
- Right of Withdrawal
- Legal Effects of Withdrawal
- Statutory Warranty for Defective Performance
- Product Warranty
- Warranty
- Final and Miscellaneous Provisions
1. Definitions
Scope of the General Terms and Conditions
These General Terms and Conditions (the “GTC”) apply to customer (consumer) orders, purchases and consumer contracts concluded through the Thalnyra.com website owned and operated by the Company.
The scope of these GTC extends throughout the territory of Hungary to all commercial transactions concluded electronically between the service provider and the consumer (customer/purchaser).
Sources of law:
Decree 19/2014 (IV. 29.) of the Minister for National Economy – on the procedural rules for handling warranty and guarantee claims relating to goods sold under contracts between consumers and businesses;
Government Decree 151/2003 (IX. 22.) – on the statutory warranty applicable to certain durable consumer goods;
Government Decree 45/2014 (II. 26.) – on the detailed rules governing contracts between consumers and businesses;
Act CLV of 1997 – on Consumer Protection;
Act CVIII of 2001 – on certain issues relating to electronic commerce services and information society services;
Act V of 2013 – the Civil Code.
Declarations:
The language of the contract is Hungarian. No code of conduct applies to the contract. The contract qualifies as a written contract. A printable version of the GTC is available here.
2. Company Details
Name: Thalnyra Kft.
Address: HU-1089 Budapest, Reguly Antal u. 16.
Postal address and store: HU-1089 Budapest, Reguly Antal u. 16.
Tax number: 32574867-2-42
Company registration number: Cg.: 01-09-431436
Customer service and complaint handling:
Address: HU-1089 Budapest, Reguly Antal utca 16.
E-mail: info@Thalnyra.com
Tel.: +36 20 771 7000
Contact person: Sztrapák Ferenc
Opening hours: Monday–Friday, 8:00–17:00
3. General Information
3.1. The Online Store is available on the Internet at the URL ifo@thalynra.com/store.
3.2. A contract under these GTC is created by viewing the Online Store, making a purchase, or carrying out any other express activity relating to the website. By using the services of the Website, the User also accepts and acknowledges as binding upon them the provisions of these GTC.
3.3. Registration is mandatory for placing an order/purchase in the Online Store. For the conclusion of the contract, the Company is required to request the personal identification data prescribed by tax and accounting legislation.
3.4. The advantages of registration are:
– easier tracking of orders;
– the ability to retrieve previous orders.
3.5. Viewing the Online Store and carrying out any action on it that entails a legal obligation is permitted only to natural persons over 18 years of age who have full legal capacity.
3.6. Prices are in all cases displayed as the amount actually payable (gross amount), including VAT.
3.7. No code of conduct is available within the meaning of the Act on the Prohibition of Unfair Commercial Practices against Consumers.
4. Products Available in the Online Store
4.1. The products are outdoor clothing products and accessories.
4.2. The Company provides instructions for use for each product. Storage: in an environment appropriate to the material of the product, protected from any foreign or unsuitable external influences.
5. Ordering Procedure
5.1. The customer may select the products they wish to order by browsing the category system or by using the search field located in the upper right-hand section of the website.
5.2. For the desired product, several selection options may be available, including colour, design and, in some cases, size.
5.3. After the customer has finished selecting products, by clicking the button labelled “Submit”, the payment and delivery method may be selected and the data required for the purchase may be entered and verified.
5.4. The contents of the order may be checked, modified or even deleted at any time.
5.5. The ordering process ends with a “Finalise Order” page, where the customer has the opportunity to verify the data, submit the order by accepting the GTC, or withdraw from the transaction. By placing the order, the customer makes a legally binding offer.
5.6. Every customer receives an electronic (e-mail) confirmation of the order. The e-mail message contains the name and description of the ordered product, the name and business details of the Company, the purchase price of the product and any other applicable charges, information on the right of withdrawal, warranty rights, customer service information, information on the operation of digital content, information on the possibility of applying to a conciliation board, and all related statutory requirements. The confirmation does not constitute acceptance of the customer’s offer.
5.7. After processing the order, a member of the Company’s customer service team may contact the customer by telephone for the purpose of further confirming the order and verifying the data and information provided. In the case of a previous successfully fulfilled order and purchase, the Company is entitled to omit this additional confirmation.
5.8. The Online Store’s order form contains a “Message” field, the completion of which is not mandatory. By completing this field, the customer may communicate any comments or requests concerning the ordered product.
The Company also accepts customer requests, comments and any complaints through the customer service contact details.
5.9. Orders are processed continuously in the order in which they are received.
5.10. In the event of force majeure, performance cannot be required from the Company; the parties may deviate from this in a separate agreement and on individual terms.
5.12. When the product becomes available, the Company notifies the customer that the product has been handed over to the courier service; thereafter, the courier service notifies the customer of the time and process of delivery.
6. Purchase with Prior Registration
6.1. In this case, the order begins with registration. By registering on the Website and voluntarily providing their data, the customer declares that they have read and accept these GTC and the terms of the Privacy Policy published on the Website, consent to the processing of personal data as set out in the Privacy Policy, and have read and accept the provisions of these GTC and understand the process of ordering, payment and performance.
6.2. The Online Store shall bear no liability whatsoever for defective-looking performance, delivery delays or other problems or errors attributable to data entered incorrectly and/or inaccurately by the customer. The Company shall not be liable for any damage arising if the customer forgets or confuses any information provided by the customer, or if such information becomes accessible to unauthorised persons for any reason not attributable to the Company.
6.3. By submitting an order electronically, the customer makes a legally binding offer to purchase the selected products and accepts the validity of these General Terms and Conditions.
6.4. The Company then confirms by e-mail that it has received the customer’s order; however, this does not constitute acceptance of the customer’s offer.
6.5. The contract shall be deemed concluded only when the Company confirms acceptance of the order. If the customer does not receive confirmation of acceptance of the offer within 72 hours, the Company shall be released from the binding effect of the offer.
6.6. An order or its confirmation shall be deemed to have been received by the Company or the customer when it becomes accessible to the relevant recipient. The Company shall bear no liability if the confirmation does not reach the customer because the customer provided an incorrect e-mail address, the confirmation is inaccessible due to the e-mail account being full, or due to any other error, typographical mistake or similar circumstance attributable to the customer.
6.7. If the ordered item is not available to the Company at the time of the order and must be expressly manufactured, the Company reserves the right not to accept the order. In such case, no contract shall be concluded, of which the customer shall be notified. The Company shall arrange without delay for the refund of any payment that may previously have been made.
7. Payment and Performance of the Contract
Online bank card payments and other payment methods are processed through the Barion system. Bank card and other payment-related data are not transmitted to the merchant. The service provider, Barion Payment Zrt., is an institution supervised by the Magyar Nemzeti Bank (Central Bank of Hungary), licence number: H-EN-I-1064/2013.
7.1. The Company states all prices in euros, including VAT and packaging costs. The customer is informed separately of the delivery cost before placing the order and accepts that cost together with the order.
7.2. After completing the ordering process, the customer may choose from the payment and collection/delivery methods displayed. The available collection and delivery methods are delivery by GLS, DPD and Express One courier services, as well as delivery to a Pick Pack point or a Foxpost delivery location.
[Original note: I do not know this, as the Hungarian market is not the main market.]
Available payment methods: advance bank transfer and advance payment by bank card.
7.3. The Company requires payment by advance bank transfer for every order.
7.5. The delivery cost in each case depends on the identity of the carrier and its applicable rates.
The contract is concluded upon placement of the order and payment of the full purchase price.
7.6. In the case of payment by advance bank transfer, the customer receives the invoice electronically, which contains the details required for the transfer.
8. General Information on Packaging and the Confidentiality of Shipments
8.1. The Company considers compliance with confidentiality requirements important, including the preservation of any information and secrets of the customer/purchaser and keeping such information away from unauthorised persons.
8.2. The Company always packages the product in discreet packaging, so that no externally visible indication reveals the contents of the shipment.
8.3. The Company does not indicate the contents of the package on the shipment and states the Company’s name as the sender.
9. Retention of Title
The Company retains title to the ordered product until the full purchase price has been paid. Unauthorised disposal of an unpaid product may result in criminal proceedings.
10. Consumer Rights, Complaint Handling and Conciliation Board
10.1. Definitions
10.1.1. Consumer: the consumer as defined in the Civil Code (Act V of 2013).
10.1.2. Business: an entity carrying out business activities for purposes connected with its independent occupation or economic activity.
10.1.3. Manufacturer:
- a) the business-like producer, manufacturer, restorer or reconditioner of the product established in the European Economic Area, or a person who, by placing their name, trademark or other distinctive sign on the product, presents themselves as the manufacturer of the product; or
- b) the manufacturer’s authorised representative established in the European Economic Area if the manufacturer itself is not established in the European Economic Area; in the absence of such a representative, the importer.
10.1.4. Distributor: a business that distributes the product directly to the consumer.
10.1.5. Product: any tangible movable item capable of being traded, excluding money, securities and financial instruments, and any natural resource that can be used in a manner analogous to an item.
10.1.6. Service: any activity performed for consideration, other than the sale of a product, immovable property or a right of pecuniary value, which involves creating a result, providing a performance or engaging in other conduct in order to satisfy the needs of the customer or principal.
10.1.7. Goods: the product, immovable property and right of pecuniary value, as well as the service.
10.1.8. Selling price: the price relating to one unit or a specified quantity of the product.
10.1.9. Unit price: the price relating to the unit of measurement of the product specified by the legislation adopted for the implementation of the Act.
10.1.10. Commercial communication: the concept defined as such in the Act on the Prohibition of Unfair Commercial Practices against Consumers.
10.1.11. Distribution: making a product available by a business, for consideration or free of charge, for the purpose of sale, consumption or use, including offering it to the consumer.
10.1.12. Sexual product: a tangible movable item capable of being traded whose primary purpose is sexual stimulation, in particular an item that openly depicts sexual intercourse or other sexual activity, or depicts the human body or parts thereof in a manner suitable for or for the purpose of sexual stimulation, including an instrument intended, by its nature, for sexual stimulation and usable during sexual intercourse or other sexual activity, excluding an instrument used for contraception.
10.2. Price Display Requirements
10.2.1. The consumer must be informed in writing of the selling price and unit price of products offered for sale to consumers, and of the price of services.
10.2.2. The selling price, unit price and price of the service must be displayed clearly, easily identifiable and legible.
10.2.3. The selling price and unit price and, except in the case of cross-border provision of services, the price of the service must be expressed in Hungary’s legal tender, indicating the currency (forint) or its abbreviation (Ft).
10.2.4. The selling price and unit price of the product and the price of the service must be stated as the price actually payable by the consumer, including VAT and other mandatory charges.
10.2.5. If a commercial communication relating to a product indicates the selling price of the product, the unit price must also be indicated, unless otherwise provided by law.
10.2.6. If several selling prices or service fees are displayed simultaneously, the business must charge the lowest selling price or service fee displayed.
10.2.7. The distributor is responsible for complying with the provisions on price display.
10.2.8. At the request of the competent authority, the business must prove that it has complied with its obligations concerning price display.
10.3. Packaging Requirements
10.3.1. The product must be packaged in such a way that the packaging protects the quality of the product, facilitates its transport, and does not adversely affect the quality or quantity of the product.
10.3.2. Legislation may impose additional requirements concerning the packaging of the product.
10.3.3. The manufacturer is responsible for compliance with the packaging requirements. If the manufacturer fails to comply with the packaging obligation, the distributor must remedy the omission.
10.3.4. At the request of the competent authority, the business must prove that it has complied with its obligations concerning packaging.
10.4. General Rules on Complaint Handling
10.4.1. The business must inform the consumer of its registered office, the place where complaints are handled – if this differs from the place of distribution or sale – and the procedure appropriate to the specific characteristics of the activity, commercial form or method, as well as the postal address of the business’s customer service for submitting complaints and, if complaints are also accepted in this manner, its e-mail address, website address and telephone number. In the case of a business with a store, the information required under this paragraph must be provided in a clearly visible and legible manner.
10.4.2. The consumer may submit to the business, orally or in writing, a complaint concerning the conduct, activity or omission of the business, or of a person acting on behalf of or for the benefit of the business, directly connected with the distribution or sale of goods to consumers.
10.4.3. An oral complaint must be investigated immediately and remedied as necessary. If the consumer disagrees with the handling of the complaint, or if immediate investigation of the complaint is not possible, the business must immediately draw up a record of the complaint and its position in relation to it, and provide a copy of the record as follows:
- a) in the case of an oral complaint made in person, provide the copy to the consumer on the spot;
- b) in the case of an oral complaint made by telephone or by using another electronic communications service, send the copy to the consumer together with a substantive response no later than 30 days from receipt of the complaint.
10.4.4. The business must assign a unique identification number to an oral complaint made by telephone or by using another electronic communications service.
10.4.5. The record of the complaint must contain the following:
- a) the consumer’s name, residential address and statement that the consumer consents to the processing of the data recorded in the record;
- b) the place, time and method of submitting the complaint;
- c) the name and purchase price of the product concerned by the transaction;
- d) the date of performance of the contract;
- d) a detailed description of the consumer’s complaint, a list of the papers, documents and other evidence presented by the consumer, and the legal right asserted;
- e) the business’s statement of its position concerning the consumer’s complaint, if the complaint can be investigated immediately;
- e) the name of the person recording the complaint and, except in the case of an oral complaint made by telephone or by using another electronic communications service, the consumer’s signature;
- f) the place and time at which the record was made;
- g) in the case of an oral complaint made by telephone or by using another electronic communications service, the unique identification number of the complaint.
10.4.6. The business must give reasons for its position rejecting a complaint. If a complaint is rejected, the business must inform the consumer in writing of which authority or conciliation board the consumer may initiate proceedings before, depending on the nature of the complaint. The postal address of the competent authority and of the conciliation board operating in the jurisdiction of the Company’s registered office must be provided.
10.4.7. When enforcing a warranty claim, the consumer must prove the conclusion of the contract. If the business disputes the conclusion of the contract, it must draw the consumer’s attention to the possibility of lodging a complaint and to the procedure for handling complaints in accordance with the provisions of the consumer protection legislation. The conclusion of the contract shall be deemed proven if the consumer presents a receipt evidencing payment of the consideration – an invoice or receipt issued under the Act on VAT.
10.4.8. Notification of a statutory warranty or guarantee claim does not constitute a complaint within the meaning of the consumer protection legislation.
10.4.9. The business must draw up a record of any statutory warranty or guarantee claim reported to it by the consumer, recording:
– the consumer’s name and address and the consumer’s statement consenting to the processing of the data recorded in the record in accordance with the Regulation;
– the name and purchase price of the movable item sold under the contract between the consumer and the business;
– the date on which the contract was performed by the business;
– the date on which the defect was reported;
– a description of the defect;
– the legal right the consumer seeks to enforce on the basis of the statutory warranty or guarantee claim; and
– the manner in which the statutory warranty or guarantee claim is to be settled, or the reason for rejecting the claim or the right sought to be enforced on its basis.
10.4.10. If the business fulfils its statutory warranty or guarantee obligation in a manner different from the legal right sought to be enforced by the consumer, the reason for this must be stated in the record.
10.4.11. The record must contain information stating that, in the event of a consumer dispute, the consumer may also initiate proceedings before the conciliation board operating alongside the county (capital city) chambers of commerce and industry.
10.4.12. A copy of the record must be made available to the consumer without delay and in a verifiable manner.
10.4.13. If the business cannot state at the time of notification whether the consumer’s statutory warranty or guarantee claim can be fulfilled, it must notify the consumer of its position within five working days in a verifiable manner, including, in the event of rejection, the reasons for rejection and information on the possibility of applying to the conciliation board.
10.4.14. The business must endeavour to complete repair or replacement within no more than fifteen days.
10.4.15. For the purpose of repair or examination of whether a statutory warranty or guarantee claim can be fulfilled, the movable item must be accepted against a receipt, which must indicate:
- a) the consumer’s name and address;
- b) the data necessary to identify the item;
- c) the date on which the item was received; and
- d) the date on which the consumer may collect the repaired item.
The above information may also be included in the record drawn up concerning the statutory warranty or guarantee claim.
10.4.16. If the consumer wishes to enforce a guarantee claim for repair directly with the repair service indicated on the guarantee certificate, the repair service must notify the business without delay of the notification of the guarantee claim.
The repair service must carry out the repair in compliance with the requirements set out in Section 10.4.14.
10.5. Proceedings of the Conciliation Board
10.5.1.1. The Company informs the customer/purchaser that, in the event of a complaint, dispute or grievance, the customer/purchaser has the right to apply to a conciliation board.
Name and contact details:
Budapest Chamber of Commerce and Industry
Address: 1016 Budapest, Krisztina krt. 99.
Tel.: +36 (1) 488 2000
Customer reception: Monday–Friday, 8:00–16:00
E-mail: bkik@bkik.hu
Web: bkik.hu
10.5.1.2. The conciliation board is an independent body operating alongside the territorially competent chambers of commerce and industry. Its competence includes the out-of-court settlement of disputes between consumers and businesses concerning:
– the quality of the product;
– the safety of the product;
– the application of product liability rules;
– the quality of the service;
– the conclusion and performance of the contract between the parties;
and, for this purpose, attempting to reach a settlement and, if unsuccessful, making a decision in the case, in order to ensure that consumer rights can be enforced in a simple, rapid, effective and cost-efficient manner. At the request of the consumer or the business, the conciliation board also provides advice on the rights of the consumer and the obligations imposed on the consumer.
10.5.2. The conciliation board having jurisdiction is the board operating at the consumer’s place of residence or stay. If the consumer has no domestic place of residence or stay, jurisdiction is established by the registered office of the business concerned by the consumer dispute or of the body authorised to represent it. The consumer may lawfully request that another conciliation board designated by the consumer have jurisdiction.
10.5.3. A condition for initiating conciliation board proceedings at the consumer’s request is that the consumer must first attempt directly with the business concerned to settle the dispute.
10.5.4. The consumer must submit the application in writing, addressed to the chairperson of the conciliation board.
10.5.5. The application must contain:
- a) the consumer’s name and place of residence or stay;
- b) the name and registered office or relevant establishment of the business concerned by the consumer dispute;
- c) if the consumer wishes to apply jurisdiction different from the general jurisdiction, the designation of the conciliation board having the corresponding jurisdiction;
- d) a brief description of the consumer’s position, the facts supporting it and the evidence thereof;
- e) the consumer’s statement that they have attempted to settle the dispute with the business;
- f) the consumer’s statement that no proceedings have been initiated before another conciliation board in the matter, no mediation proceedings have been commenced, no statement of claim has been filed and no application for a payment order has been submitted;
- g) the consumer’s request for a decision by the board;
- h) the consumer’s signature.
10.5.6. The application must be accompanied by the document, or a copy (extract) thereof, on whose contents the consumer relies as evidence, in particular the business’s written statement rejecting the complaint or, in the absence thereof, other written evidence available to the consumer of the attempt to carry out the necessary prior consultation.
10.5.7. If the consumer acts through an authorised representative, the power of attorney must be attached to the application.
10.5.8. The chairperson of the conciliation board shall terminate the proceedings if it is established that, between the parties, proceedings concerning the same right arising from the same factual basis have previously been initiated before another conciliation board, mediation proceedings have been initiated, litigation is pending, or a final judgment has already been rendered on the matter.
10.5.9. The chairperson shall notify the parties in advance of the scheduled date of the hearing or of the fact that they intend to dispense with the hearing.
10.5.10. Taking the circumstances into account, the chairperson may propose that the proceedings be conducted in writing; however, the consent of both parties must be obtained to dispense with the hearing. Consent shall be deemed given if the party does not make a statement within fifteen days from delivery of the chairperson’s request to that effect.
10.5.11. During the proceedings, the chair of the panel shall attempt to reach a settlement between the parties. If the settlement complies with the law, the panel shall approve it by decision; otherwise, or if no settlement is reached, the proceedings shall continue.
10.5.12. The proceedings are not public unless both parties consent to the proceedings being public.
10.5.13. If either party fails to appear at the hearing despite having been duly notified, or fails to submit its evidence, the panel shall conduct the proceedings and decide on the basis of the information available.
10.5.14. The panel shall terminate the proceedings if:
- a) the consumer withdraws the application;
- b) the parties agree to terminate the proceedings;
- c) continuation of the proceedings is impossible;
- d) in the panel’s opinion, for any reason there is no need to continue the proceedings, including where the unfounded nature of the application can be established without holding a hearing.
10.5.15. In the absence of a settlement, the panel shall decide on the merits as follows:
- a) it shall issue a decision containing an order if the application is well-founded and the business, in its general declaration of submission registered with the conciliation board or chamber, or published in its commercial communication, or in a statement made at the beginning of the proceedings or no later than the adoption of the decision, has recognised the decision of the conciliation board as binding on itself; or
- b) it shall issue a recommendation if the application is well-founded, but the business stated at the beginning of the proceedings that it did not recognise the panel’s decision as binding, or did not make any statement at all concerning recognition of the panel’s decision.
10.5.16. The panel shall decide to reject the consumer’s application if, following the hearing, it finds the application unfounded.
10.5.17. The costs of the proceedings shall be borne by the party against whom the panel decided the case.
10.5.16. The decision or recommendation of the panel does not affect the consumer’s right to enforce their claim in court proceedings.
10.5.17. No appeal may be lodged against a decision containing an order or against a recommendation of the panel; however, the annulment thereof may be requested from the court.
11. Right of Withdrawal
11.1. The customer/purchaser is entitled to withdraw from the contract without giving reasons within 14 days in cases where the product is not subject to an exclusion of the right of withdrawal. Similarly, in the case of a contract for the provision of services, if performance of the contract has commenced, the customer is entitled to terminate the contract without giving reasons within 14 days.
11.2. The withdrawal period expires 14 days after the day on which the customer or a third party designated by the customer, other than the carrier, takes possession of the product. In the case of the supply of several products, it expires 14 days after the day on which the customer or a third party designated by the customer, other than the carrier, takes possession of the last product. In the case of a product consisting of several lots or pieces, it expires 14 days after the day on which the customer or a third party designated by the customer, other than the carrier, takes possession of the last lot or piece. In the case of a contract for the regular supply of products over a defined period, it expires 14 days after the day on which the customer or a third party designated by the customer, other than the carrier, takes possession of the first product.
11.3. If the customer wishes to exercise the right of withdrawal, the customer must send an unequivocal statement of their intention to withdraw (in person, by post or by electronically transmitted letter) to the following address: 1016 Budapest, Krisztina krt. 99., bkik@bkik.hu. The customer may also use the model withdrawal/termination form contained in Annex 2 to Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses, but may also make the statement in any other form.
11.4. The customer exercises the right of withdrawal within the deadline if the withdrawal statement is sent before the expiry of the deadline specified above.
11.5. The right of withdrawal does not apply to a product manufactured at the customer’s express request.
12. Legal Effects of Withdrawal
12.1. If the customer/purchaser withdraws from the contract, the Company shall refund all consideration paid by the customer without undue delay and no later than 14 days from receipt of the customer’s withdrawal statement, including the cost of carriage (except for any additional costs arising because the customer chose a method of carriage other than the least expensive standard method of carriage offered by us).
12.2. For the refund, the Company shall use the same payment method as was used for the original transaction, unless the customer expressly consents to the use of another payment method; the customer shall not incur any additional costs as a result of using this refund method.
12.3. In the event of withdrawal, the customer/purchaser must return or hand over the product to the Company without undue delay and no later than 14 days from the date on which the withdrawal statement was communicated. The deadline shall be deemed to have been complied with if the customer/purchaser sends the product before the expiry of the 14-day period.
12.4. The direct cost of returning the product shall be borne by the customer/purchaser.
12.5. The Company may withhold the refund until it has received the product back or the customer has provided evidence that the product has been returned, whichever occurs earlier.
12.6. The customer shall be liable for any depreciation of the product only if the depreciation resulted from handling of the product beyond what is necessary to establish the nature, characteristics and functioning of the product.
12.7. The customer may not exercise the right of withdrawal:
– in the case of a contract for the provision of services, after the service has been fully performed, if the business commenced performance with the consumer’s express prior consent and the consumer acknowledged that they would lose the right to terminate the contract once the service had been fully performed;
– in respect of a product or service whose price or fee depends on fluctuations in the financial market which cannot be influenced by the business and which may occur during the statutory withdrawal period;
– in the case of a non-prefabricated product manufactured on the basis of the consumer’s instructions or at the consumer’s express request, or a product that has clearly been personalised for the consumer;
– in respect of a perishable product or a product with a short shelf life;
– in respect of a product which, by its nature, becomes inseparably mixed with another product after delivery;
– in respect of an alcoholic beverage whose actual value depends on market fluctuations in a manner that cannot be influenced by the business, and whose price was agreed by the parties at the time the sales contract was concluded, but the contract is to be performed only after the thirtieth day following conclusion;
– in the case of a contract for services where the business visits the consumer at the consumer’s express request to carry out urgent repair or maintenance work;
– in respect of digital content supplied on a non-tangible medium, if the business commenced performance with the consumer’s express prior consent and, at the same time as giving that consent, the consumer acknowledged that they would lose the right of withdrawal once performance had commenced.
13. Statutory Warranty for Defective Performance
13.1. In the event of defective performance by the Company, the customer may enforce a statutory warranty claim against the Company in accordance with the provisions of the Civil Code.
13.2. At the customer’s option, the following statutory warranty remedies may be asserted:
The customer may request repair or replacement, unless the fulfilment of the remedy chosen is impossible or would involve disproportionate additional costs for the Company compared with the fulfilment of another remedy. If the customer has not requested, or could not request, repair or replacement, the customer may demand a proportionate reduction of the consideration, or may repair the defect themselves or have it repaired by another party at the Company’s expense, or – as a last resort – withdraw from the contract.
13.3. The customer may switch from the statutory warranty remedy chosen to another remedy, but the customer shall bear the costs of the switch, unless the switch was justified or was caused by the Company.
13.4. The customer must notify the Company of the defect immediately after discovering it, but no later than two months after discovery of the defect. The customer may no longer enforce statutory warranty rights after the two-year limitation period following performance of the contract has expired. In the case of a used item, this period is two months, but no more than one year.
13.5. The customer may enforce a statutory warranty claim against the Company. Within six months from performance, apart from notifying the defect, there is no other condition for enforcing the statutory warranty claim if the customer proves that the product or service was provided by the Company. After six months from performance, however, the customer must prove that the defect identified by the customer already existed at the time of performance.
14. Product Warranty
14.1. In the event of a defect in a movable item (product), the customer may, at their option, enforce statutory warranty rights or a product warranty claim.
14.2. As a product warranty claim, the customer may request only repair or replacement of the defective product.
14.3. A product is defective if it does not comply with the quality requirements applicable at the time it was placed on the market, or if it does not have the characteristics described by the manufacturer.
14.4. The customer may enforce a product warranty claim within two years from the date on which the product was placed on the market by the manufacturer. After this period expires, the customer loses this right.
14.5. A product warranty claim may be enforced exclusively against the manufacturer or distributor of the movable item. When enforcing a product warranty claim, the customer must prove the defect in the product.
14.6. The manufacturer (distributor) is released from its product warranty obligation only if it can prove that:
– it did not manufacture or place the product on the market in the course of its business activity; or
– according to the state of science and technology, the defect was not detectable at the time the product was placed on the market; or
– the defect in the product resulted from the application of a law or a mandatory official requirement.
For exemption from liability, it is sufficient for the manufacturer (distributor) to prove one of the above grounds.
14.7. The customer may not enforce a statutory warranty claim and a product warranty claim simultaneously or in parallel in respect of the same defect. However, if the product warranty claim is successfully enforced, the customer may enforce a statutory warranty claim against the manufacturer in respect of the replaced product or repaired part.
15. Warranty
15.1. In the event of defective performance, the Company is subject to a statutory warranty obligation in accordance with the above-mentioned Government Decree 151/2003 (IX. 22.) in respect of the products listed in that decree concerning mandatory warranties for certain durable consumer goods.
(available at: http://net.jogtar.hu/jr/gen/hjegy_doc.cgi?docid=a0300151.kor)
15.2. The warranty period is 2 years, commencing upon the customer’s receipt of the ordered product.
15.8. If, due to a malfunction of the consumer durable, the customer submits a replacement claim within three working days from the date of purchase, the distributor may not rely on disproportionate additional costs under Section 6:159(2)(a) of the Civil Code, but must replace the consumer durable, provided that the malfunction prevents normal intended use.
15.9. The Company shall be released from its warranty obligation only if it proves that the cause of the defect arose after performance.
15.10. A statutory warranty claim and a warranty claim, or a product warranty claim and a warranty claim, may not be enforced simultaneously or in parallel in respect of the same defect. Otherwise, however, the customer/purchaser is entitled to the rights arising from the warranty independently of the rights set out in the preceding sections.
16. Final and Miscellaneous Provisions
16.1. If any provision of these GTC is invalid, the remaining parts of the contract shall remain binding. Where applicable, the relevant statutory provisions shall take effect in place of the invalid provision.
