Terms of service | English

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vivaprime.hu - effective as of: 2026-06-30

I. General rules

1. These general terms and conditions (hereinafter: Terms) define the rights and obligations of Mihály Jónás Kalmár (hereinafter: Service Provider) and the party using the service through the vivaprime.hu online portal (hereinafter: Webshop) (hereinafter: Customer).

2. Details of the Service Provider:

a. Name: VivaPrime - Kalmár Mihály EV
b. Registered seat: HU 1053 Budapest, Kossuth Lajos utca 8, Ground floor 1
c. Tax number: 65102079-2-41
d. Company registration number: 13236080
e. Registering Court of Registration: Budapest Environs Regional Court, Court of Registration
f. Correspondence address: 1053 Budapest, Kossuth Lajos utca 8, Ground floor 1
g. Customer service phone number: +303998019

3. Details of the hosting provider:

Name: Sonrisa Informatikai Kft.

Registered seat: Hungary, 1022 Budapest, Bég utca 3-5. 1st floor, 108.

Website: sonrisa.hu

4. These Terms apply to electronic commercial services provided within the territory of Hungary through the Webshop.

5. Language of the contract: Hungarian

6. Contracts are considered to be concluded in writing; the Service Provider does not register them.

7. The Service Provider is not subject to a code of conduct.

II. Use of the Webshop

1. Registration

1. Using the service in the Webshop does not require registration.

2. General information regarding purchases

1. The essential characteristics and features of the products found in the Webshop, as well as instructions for their use, can be found on the product information page.

2. The detailed actual characteristics of the product are contained in the product's user manual, which, where required by law, is included with the product.

3. The Webshop displays the gross price of products in forints. The purchase price is the amount indicated next to the product, which includes 27% value added tax.

4. Before finalizing the order, the Service Provider clearly displays the total amount payable – including the product price, shipping cost, and all other incidental costs. If the amount of any cost cannot be calculated in advance, the Service Provider clearly indicates this fact and the method used to calculate the cost.

5. The Service Provider does not use default options (pre-ticked boxes) whose acceptance would result in additional costs for the Customer. Any service or product that is not necessary for fulfilling the main contract and is available for a separate fee is only added to the cart based on the Customer's express, conscious choice. If the Customer pays for an additional service that they did not expressly choose, they are entitled to a full refund of that amount.

6. If the Service Provider displays an incorrect price for any product in the Webshop – an incorrect price is considered in particular a price that significantly differs from the product's generally known or estimated price, a price of HUF 0 or HUF 1 that clearly appears due to a system error, or a price that clearly contains a calculation error – the Service Provider is not obliged to sell the product at the incorrect price. If the Customer finalizes the order for a product listed at an incorrect price, the Service Provider is not obliged to accept it, but is entitled to offer the product to the Customer for purchase at the correct price; the Customer may then freely decide whether to accept it.

7. The Service Provider issues an electronic invoice.

3. The purchase process

1. Adding products to the cart: The product to be purchased must be added to the Cart. By clicking on the Cart icon, the contents of the Cart can be viewed; the Webshop informs the Customer of the Cart's contents, which the Customer may freely change until the Order is placed.

2. Providing the Customer's details: If the Customer wishes to purchase the contents of the Cart, the next step is to provide the following information:

a. Selecting the delivery method: personal pickup or delivery
b. When providing the delivery address, the following information can be given:
i. the Customer may indicate whether they are purchasing as a private individual or a corporate customer (in the case of a corporate order, the company name, tax number, registration number, and bank account number must also be provided)
ii. delivery details: country, postal code, city, address, name, phone number, contact e-mail address; the Customer may also provide other information in the Comments field
c. Selecting the payment method: the Customer can choose from the available payment options: advance bank transfer, cash on delivery, online card payment.

3. Finalizing the order: the Customer can finalize the order by clicking the Order button; finalizing the order requires acceptance of the Terms and the Privacy Notice. Before or simultaneously with activating the Order button, the Service Provider clearly and visibly displays the product name, the total amount payable (product price + shipping + other costs), and the fact of the payment obligation. The Order button clearly indicates that pressing it creates a payment obligation.

4. Payment of the purchase price: In the case of online card payment, the Webshop redirects to the payment interface; upon successful payment, the Order details are displayed.

5. Acceptance of the order by the Service Provider takes place in a two-step process:

a. The Webshop's IT system sends an automatic e-mail confirmation of the Order; its sole purpose is to allow the Customer to check the details of their order and to be informed that their order has been submitted to the Webshop
b. The Webshop informs the Customer by e-mail of the acceptance of the Order.

6. The Customer's options for correcting data entry errors: The Customer can correct data entry errors until the order is sent to the Service Provider. If the incorrect data cannot be modified in the Webshop, or can no longer be modified because the order has already been finalized, the Customer may notify the Service Provider at the e-mail address or phone number given in these Terms.

4. Procedure of the Service Provider if the Customer requests delivery of the product to a Member State of the European Union

1. The Customer may purchase under the rules set out in Section II.3 if they request delivery of the product to a location in a Member State to which the Service Provider undertakes to deliver, or wish to collect it in a Member State where the Service Provider provides a collection option.

2. If the Customer wishes to have the product delivered to a location other than that described in point 1, the Customer must arrange the delivery themselves and must contact Customer Service to agree on the delivery details; in this case, the Customer may not use the cash-on-delivery payment option.

V. Delivery deadline

Where the Customer qualifies as a consumer – a natural person acting outside the scope of their trade, self-employed occupation, or business activity – the Service Provider makes the ordered product available to the Customer within thirty days. If the Service Provider is unable to make the product available to the Customer within thirty days, it will contact the Customer at the e-mail address provided at the time of the order, asking whether they accept a later delivery of the product.

VI. Conformity of performance and compliance

The rules in this section apply if the Customer qualifies as a consumer, i.e. a natural person acting outside the scope of their trade, self-employed occupation, or business activity.

1. General requirements for conforming performance

The Service Provider undertakes that the products and services purchased by the Customer comply with the terms of the contract. Conforming performance means that the product has all the characteristics contained in the contract, and also meets the requirements that can reasonably be expected of products of the same type.

2. Basic conformity criteria

The product must match the description, quantity, quality, and type specified in the contract. It must also have the functionality specified in the contract or product information, and must be fit for the purpose that the Customer communicated to the Service Provider at the time of purchase and that the Service Provider accepted.

3. Meeting the usual expectations

The product must also meet the usual expectations placed on goods of the same type. This includes the product having the reasonably expected quantity, quality, and performance characteristics, including functionality, compatibility, accessibility, and safety. This also includes public statements made by the Service Provider or its suppliers in advertisements, product descriptions, or labels.

4. Accessories and documentation

The delivered product must include all accessories and instructions for use specified in the contract, including instructions necessary for installation. The product must arrive in appropriate packaging that ensures it is delivered undamaged.

5. Special rules for products containing digital elements

5.1. Update obligations

If the Customer purchases a product that contains digital elements (for example, a smartphone, smart TV, or connected household appliance), the Service Provider is obliged to inform the Customer of any available update necessary for the proper functioning of the product. This applies in particular to security updates. The Service Provider must ensure that the Customer actually receives these updates.

5.2. Duration of updates

For a one-off digital service, the Service Provider provides updates for a period reasonably expected based on the type and purpose of the product and the nature of the contract. For 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 of performance.

5.3. The Customer's obligations regarding updates

If the Customer does not install the updates provided by the Service Provider within a reasonable time, the Service Provider is exempt from liability for defects caused by the failure to update. This, however, only applies if the Service Provider had previously informed the Customer of the importance of the update and the consequences of not installing it, and the failure to update was not due to a deficiency in the instructions provided by the Service Provider.

6. Digital content and services

6.1. Performance requirements

In the case of the provision of digital content, the Service Provider must, without undue delay after the conclusion of the contract, make the digital content accessible to the Customer, in the most up-to-date version available at the time the contract is concluded. The service is considered performed when the digital content, or the means required to access it, reaches the Customer or the device designated by the Customer.

7. Maintaining continuous services

If the contract relates to a continuous digital service provided for a specified period, the Service Provider is obliged to maintain conforming operation throughout the entire contractual period.

8. Installation obligations

Responsibility of the Service Provider

If the Service Provider undertook to install the product, performance is only considered complete once the installation has also been properly carried out. If a defect in the product results from improper installation carried out by the Service Provider or by a person acting under the Service Provider's responsibility, the Service Provider is liable for the defective performance.

The Customer's installation obligation

If the Customer is required to carry out the installation, and the defect arose because of incomplete instructions provided by the Service Provider, the Service Provider is also liable for defective performance. For this reason, the Service Provider takes particular care to provide detailed and understandable installation instructions for every product.

9. Cooperation obligations

Checking the digital environment

For digital services, the Customer is obliged to cooperate with the Service Provider so that the Service Provider can check whether the defect actually originates from the Customer's digital environment. The Service Provider does this using the technical means it has available and with tools requiring minimal intervention.

Consequences of failing to cooperate

If the Customer fails to fulfil this cooperation obligation despite having received clear prior notice from the Service Provider about it, the burden of proving that a defect discovered within one year of performance already existed at the time of performance falls on the Customer.

10. Exceptions to the conformity requirements

Previously accepted deviations

The Service Provider does not consider it defective performance if the Customer was expressly informed by the Service Provider before the purchase that certain characteristics of the product differ from the usual characteristics, and the Customer expressly accepted this deviation at the time the contract was concluded.

Compatibility of the digital environment

For 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 that it informed the Customer of this clearly and comprehensibly before the conclusion of the contract.

VII. Complaint handling and customer service, for consumer complaints

The rules in this section apply if the Customer qualifies as a consumer, i.e. a natural person acting outside the scope of their trade, self-employed occupation, or business activity.

The Service Provider's name and registered seat can be found in the first part of these Terms. The Customer may submit a complaint to the Service Provider either verbally or in writing.

The Service Provider's contact details for complaint handling:

Postal address: 1053 Budapest, Kossuth Lajos utca 8, Ground floor 1
E-mail: [email protected]
Telephone customer service: +303998019
In person: 1053 Budapest, Kossuth Lajos utca 8, Ground floor 1

1. Handling verbal complaints

Immediate investigation

The Service Provider investigates the Customer's verbal complaint immediately and attempts to resolve it as necessary. If the Customer does not agree with how the complaint is handled, or if immediate investigation of the complaint is not possible, the Service Provider immediately draws up a record of the complaint and its position on it.

Drawing up the record

The record of the complaint contains the Customer's name and address or e-mail address, the place, time, and method of submitting the complaint, a detailed description of the complaint, and a list of documents presented by the Customer. In the case of a verbal complaint made in person, the Service Provider hands a copy of the record to the Customer on the spot.

Handling telephone complaints

The Service Provider assigns a unique identification number to a verbal complaint made by phone or other electronic communication service.

The Service Provider sends a copy of the record of the complaint to the Customer no later than at the same time as the substantive reply.

The Service Provider records phone calls during telephone complaint handling, which it retains for five years.

The Service Provider makes the recording of a telephone call free of charge available to the Customer upon request, provides the opportunity to listen to the recording at its customer service, or, upon request, sends a copy of it electronically. The Service Provider fulfils a request for access to the recording within thirty days of becoming aware of it.

2. Handling written complaints

Response deadline

The Service Provider answers the Customer's written complaint in writing, substantively, and in a verifiable manner within thirty days of receipt. If the Service Provider rejects the Customer's complaint, it is obliged to justify its position.

If the Customer does not provide their name and address or e-mail address, fails to provide a detailed description of their complaint, or does not hand over the documents, records, and other evidence needed to assess the complaint, the Service Provider is not obliged to respond to the complaint.

The Service Provider immediately confirms receipt of a complaint submitted through its electronic interface/form, at the e-mail address provided by the consumer.

Retention of documentation

The Service Provider retains the record of the complaint, the written complaint, and a copy of the substantive reply for three years, and presents them upon request to the supervisory authorities.

3. Legal remedies

If the Service Provider rejects the complaint, it informs the Customer in writing which authority or conciliation body they may initiate proceedings with regarding their complaint. This notification includes the seat, telephone and internet contact details, and correspondence address of the competent authority and the conciliation body responsible for the Customer's place of residence or stay.

Conciliation body contact details: bekeltetes.hu/udvozlo
Consumer protection authority contact details

3.1. Initiating conciliation body proceedings

When handling complaints and informing consumers, the Service Provider cooperates with associations representing consumer interests and with consumer protection authorities.

The Service Provider informs the Customer that it has made a general declaration of submission, valid until withdrawn, in writing, either with the conciliation body of its registered seat or – with effect covering all conciliation bodies – with the MKIK (Hungarian Chamber of Commerce and Industry).

The Service Provider informs Customers that, in addition to Customers qualifying as consumers, a conciliation body may also be approached by a civil society organization, church legal entity, condominium association, or housing cooperative acting under a specific law for purposes outside its independent occupation or economic activity, as well as by a consumer who is a citizen of, or resident in, a Member State, and by a business established in a Member State that purchases goods or uses services within the Union solely for end-use purposes, or acts with such intent.

3.2. Consumer protection authority proceedings

Before initiating proceedings with the consumer protection authority, the Customer must first attempt to resolve the dispute directly with the Service Provider.

The Customer may initiate proceedings with the consumer protection authority if the Service Provider has violated the provisions of consumer protection legislation, in particular its obligations relating to distribution, service provision, complaint handling, customer service, product quality, composition, packaging, pricing, handling of warranty and guarantee claims, and consumer information.

An application submitted to the consumer protection authority must include:

the Service Provider's name and registered address,
the place where the conduct being complained of occurred,
a brief description of the subject of the application, supported by available documents, including in particular the Service Provider's reply letter to the Customer's inquiry, the record drawn up regarding the verbal complaint, and, for complaints submitted by post or electronically, a document proving that it was sent.

Proceedings by the consumer protection authority may not be initiated more than three years after the infringement occurred. If the infringing conduct is continuous, the deadline begins when the conduct ceases.

In consumer protection authority proceedings – regarding the protection of consumer interests they represent – associations representing consumer interests also have the rights of a client.

If the consumer protection authority establishes a violation of consumer protection provisions, it may, among other things, order the termination of the unlawful condition, prohibit the continuation of the infringing conduct, order the Service Provider, with a deadline, to remedy the identified defects, or impose a consumer protection fine.

4. Procedure of the Service Provider regarding repeated complaints

If the Customer resubmits a complaint that has already been substantively answered and contains the same content, without any new information, the Service Provider may disregard investigating it. The Service Provider may likewise disregard investigating complaints made by an unidentifiable person.

5. Fulfilling the written form requirement

The Service Provider may fulfil its written complaint-handling obligations by letter, fax, or electronic means, provided the method used allows the durable storage of the data and its display in an unchanged form.

VIII. Right of withdrawal of a Customer qualifying as a consumer

The Service Provider draws the Customers' attention to the fact that the right of withdrawal under this section (Section VIII, Right of Withdrawal) applies exclusively to a Customer qualifying as a consumer; a consumer is a natural person acting outside the scope of their trade, self-employed occupation, or business activity.

1. 14-day right of withdrawal

In the case of online purchases and contracts concluded away from business premises, the Customer has the right to withdraw within fourteen days without giving a reason.

If the Customer has concluded a contract for the provision of a service, and at the Customer's express request performance of the service has already begun within the fourteen-day period, the Customer has a right of termination with respect to the service contract.

2. Start and calculation of the withdrawal period

For the purchase of goods, the withdrawal period is fourteen days from the date the goods are received. If several goods were purchased and they are delivered at different times, the fourteen-day period is calculated from the receipt of the last item delivered. If goods consisting of several items or pieces were ordered, the period begins on the day the last item or piece is received.

For regular delivery of goods, where goods are delivered to the Customer periodically over a specified period, the withdrawal period is fourteen days from the date the first delivery is received.

For the provision of a service, the withdrawal period is fourteen days from the date the contract is concluded.

The recipient of the goods may be the Customer personally, or a third party, other than the carrier, designated by the Customer.

3. Early exercise of the right of withdrawal

In the case of the purchase of goods, the Customer may exercise the right of withdrawal not only after receiving the goods, but also during the period between the date the contract is concluded and the date the goods are received.

4. Withdrawal of an offer

If the Customer made an offer to conclude a contract, they are entitled to withdraw the offer before the contract is concluded, which terminates their obligation to be bound by the offer to conclude the contract.

5. Method and deadline for exercising these rights

The Customer may exercise the right of withdrawal or termination in writing, by an unambiguous statement, or by using the model Withdrawal/Termination Statement 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 considered to have been made within the deadline if the statement is sent to the Service Provider before the fourteen-day period expires.

6. Legal consequences of withdrawal or termination

The Service Provider's obligations in case of withdrawal or termination

6.1. Refund of the purchase price

If the Customer lawfully exercises their right of withdrawal or termination, the Service Provider refunds, without undue delay but no later than fourteen days from becoming aware of the withdrawal, the full amount paid by the Customer as consideration. This includes costs incurred in connection with performance, including delivery fees.

6.2. Method of refunding the purchase price

The Service Provider refunds the amount due using the same payment method originally used by the Customer.

With the Customer's express consent, the Service Provider may use a different payment method for the refund, but this must not result in any additional cost to the Customer.

6.3. Special delivery costs

If the Customer expressly chose a delivery method other than the least expensive standard delivery method offered, the Service Provider is not obliged to refund the resulting additional costs.

6.4. Right of retention

In the case of the purchase of goods, the Service Provider is entitled to withhold the refund of the purchase price until the Customer has returned the goods, or has provided undeniable proof that they have been sent back. Whichever of the two occurs earlier is taken into account by the Service Provider. This right of retention does not apply to the Service Provider if it undertook to collect the goods itself.

6.5. Data processing and digital content

In the event of withdrawal, the Service Provider fulfils 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, provided or created by the Customer during the use of the digital content or digital service supplied by the Service Provider, except where such content a) cannot be used in connection with the digital content or digital service provided by the Service, b) relates exclusively to the Customer's activity during the use of the digital content or digital service provided by the Service Provider, c) has been combined by the Service Provider with other data and cannot be separated, or could only be separated with disproportionate effort, or d) was produced jointly by the Customer with other persons, and other Customers can continue to use it. Content, other than personal data, created by the Customer in connection with the digital content or service is made available upon request, unless that content cannot be used in another context, relates exclusively to the Customer's activity, has been combined with other data, or was created jointly with other consumers. The Customer is entitled to retrieve the 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.

The Customer's obligations in case of withdrawal or termination

6.6. Returning the goods

In the event of withdrawal, the Customer is obliged to send back or hand over the goods without undue delay, but no later than fourteen days from communicating the withdrawal. The return is considered to have been made within the deadline if the goods are sent before the deadline expires. This obligation does not apply if the Service Provider undertook to collect the goods itself.

6.7. Return costs

The direct cost of returning the goods is generally borne by the Customer, unless the Service Provider undertook to bear this cost. If, in the case of a contract concluded away from business premises, the goods were delivered to the address requested by the Customer, and due to the nature of the goods they cannot be returned by post, the Service Provider arranges the return transport at its own expense.

6.8. Liability for diminished value

The Customer is only liable for any diminished value of the goods 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 necessary information about the right of withdrawal, the Customer is not liable for the diminished value.

6.9. 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 performance has begun, they are obliged to pay a fee proportionate to the service performed up to the time of termination. The Service Provider calculates the proportionate amount based on the total consideration set out in the contract, unless the Customer proves that this is excessively high, in which case the market value governs.

6.10. Discontinuing use of digital content

In the case of digital content or a service, upon withdrawal the Customer is obliged to refrain from further use of it and from making it available to third parties.

6.11. When can the right of withdrawal not be exercised?

After the full performance of services.
In the case of a contract for the provision of a service, 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 with their acknowledgement that they would lose their right of withdrawal once performance was complete.
In the case of the purchase of customized and perishable products.
The Customer may not exercise the right of withdrawal for customized goods, goods that are perishable or that quickly lose their quality, and sealed products which cannot be returned after opening for health or hygiene reasons.
In the case of the purchase of sealed entertainment media products.
The Customer does not have the right of withdrawal for the purchase of sealed audio or video recordings, or computer software, after they have been unsealed.
In the case of the purchase of time-bound services.
For accommodation, transport, car rental, catering, or leisure services, if the Service Provider specified a concrete date of performance, the right of withdrawal cannot be exercised.
In the case of the purchase of digital content.
For digital content not supplied on a tangible medium, the right of withdrawal cannot be exercised if performance began with the Customer's express prior consent, and the Customer acknowledged that they would thereby lose their right of withdrawal.

6.12. Effect on ancillary contracts

If ancillary contracts are also linked to the contract concluded by the Customer, exercising the right of withdrawal or termination also terminates or dissolves these ancillary contracts. The Customer is not obliged to compensate for any damage arising from the termination of ancillary contracts, and no other cost may be charged to them in this connection. The Service Provider immediately notifies third parties involved in ancillary contracts of the Customer's withdrawal or termination.

IX. The Service Provider's rights if the Customer does not take receipt of the product

If the Customer does not take receipt of the delivered product, the Service Provider is entitled to initiate redelivery of the package, conditional on payment of the Service Provider's shipping fee.
If the Customer again fails to take receipt of the product during redelivery, this is considered a material breach of contract, and the Service Provider is entitled to terminate the contract with immediate effect. The Service Provider is entitled to deliver the notice of termination to the e-mail address provided by the Customer in the Webshop. The termination notice is considered delivered when the e-mail containing it has been delivered to the recipient's mail server; the e-mail must be considered delivered and undisputed even without confirmation, if no statement of dispute 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 any further orders from the Customer conditional on advance payment of the purchase price of the products and the shipping fee.

X. Consumer protection information

For the purposes of points X.1-3 [1. Warranty for defects, 2. Product warranty, 3. Guarantee], the term "Customer" means the consumer; a consumer is a natural person acting outside the scope of their trade, self-employed occupation, or business activity.

The Service Provider provides information for a Customer not qualifying as a consumer in point 4.

1. Warranty for defects

In what cases can the Customer exercise the warranty for defects?

In the case of defective performance, the Customer may assert a warranty claim for defects against the Service Provider in accordance with the rules of the Civil Code. This right applies to the Customer in every case where the purchased product does not comply with the contract, or does not have the usual characteristics.

When exercising the warranty right for defects, the Customer may, at their choice, request the repair or replacement of the defective product, unless fulfilling the chosen request is impossible, or would involve disproportionate additional costs for the Service Provider compared to fulfilling another request. If the Customer did not, or could not, request repair or replacement, they may request a proportionate reduction of the consideration, or, as a last resort, may withdraw from the contract. The Customer may switch from one chosen warranty right to another, but must bear the cost of the switch, unless it was justified, or was caused by the Service Provider.

Within what deadline can the Customer assert their warranty claim for defects?

The Customer must notify the Service Provider of the defect without delay after discovering it, but no later than within two months of discovering the defect. The Service Provider draws the Customer's attention to the fact that they may no longer assert their warranty rights for defects after the two-year limitation period from the date of performance of the contract. For used goods, this deadline is at least one year.

Against whom can the warranty claim for defects be asserted?

The Customer may assert their warranty claim for defects against the Service Provider.

What other conditions apply to asserting warranty rights for defects?

Within one year of performance, there is no other condition for asserting the warranty claim for defects besides notifying the defect, provided the Customer proves that the product was delivered by the Webshop. However, after one year has passed since performance, the Customer must prove that the defect they discovered already existed at the time of performance.

2. Product warranty

In what cases can the Customer exercise the product warranty right?

In the event of a defect in a movable item (hereinafter, for the purposes of this point: product), the Customer may, at their choice, assert the right described 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 the repair or replacement of the defective product.

Against whom can the product warranty claim be asserted?

The Customer may exercise their product warranty rights against the manufacturer or distributor of the product (hereinafter jointly: the manufacturer).

In what case is a product considered defective?

A product is defective if it does not meet the quality requirements in force at the time it was placed on the market, or if it does not have the characteristics described by the manufacturer.

Within what deadline can the Customer assert their product warranty claim?

The Customer may assert their product warranty claim within two years of the product being placed on the market by the manufacturer. After this deadline expires, they lose this right.

What rule of proof applies when asserting a product warranty claim?

When asserting 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 case is the manufacturer exempt from the product warranty obligation?

The manufacturer is exempt from the product warranty obligation 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 could not have been detected, based on the state of science and technology at the time the product was placed on the market, or

– the defect in the product results from the application of legislation or a mandatory official regulation. It is sufficient for the manufacturer to prove just one of these grounds.

The Service Provider draws the Customer's attention to the fact that, for the same defect, a warranty claim for defects against the Service Provider and a product warranty claim against the manufacturer can be asserted simultaneously, in parallel. If a product warranty claim is successfully asserted, the warranty claim for defects regarding the replaced product, or the part of the product affected by the repair, can from then on only be asserted against the manufacturer.

3. Guarantee

In what cases can the Customer exercise the guarantee right?

If the Service Provider has undertaken a guarantee, or is obliged to provide a guarantee by law, the Service Provider must, during the guarantee period, answer for defective performance under the conditions set out in the declaration establishing the guarantee, or by law.

What rights does the Customer have if the guarantee is based on legislation?

For a new, durable consumer good (hereinafter: consumer good) covered by mandatory guarantee, as specified in the ministerial decree on the naming of product groups of durable consumer goods subject to mandatory guarantee, the Customer may assert the rights specified in point 1 due to a defect in performance, under the conditions set out in the government decree on the mandatory guarantee applicable to individual durable consumer goods.

What further rights does the Customer have in the case of a statutory guarantee?

For a consumer good, the Customer may primarily request a repair during the guarantee period. Replacement is possible even after the first repair attempt if it is established that the consumer good cannot be repaired, and the Customer does not request fulfilment of another claim. The Customer may also request a replacement if the repair is not carried out within thirty days of the repair request being communicated. A replacement claim is also justified if the consumer good becomes defective again after having been repaired three times during the guarantee period, provided the Customer does not request fulfilment 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 can the Customer exercise their statutory guarantee rights?

The duration of the guarantee for consumer goods is

a) two years for a sales price between HUF 10,000 and HUF 250,000,

b) three years for a sales price above HUF 250,000 (starting from HUF 250,001).

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 of the product, the Customer has the guarantee rights of ....................... under the conditions ....................... set out in the declaration establishing the guarantee, within a deadline of ............ .

Under what conditions can guarantee claims be asserted?

The Customer may exercise their guarantee rights using the guarantee certificate provided to them; irregular issuance of the guarantee certificate, or failure to provide it, does not affect the validity of the guarantee. If the guarantee certificate was not provided, the conclusion of the contract is considered proven if the Customer presents a receipt confirming payment of the consideration. Returning the opened packaging of the consumer good is not a condition for fulfilling a guarantee claim.

What further requirements can be set as conditions for exercising guarantee rights?

Special requirements (for example, periodic inspection) may be set for the consumer regarding the proper installation or maintenance of a consumer good, provided proper installation or maintenance cannot be ensured in any other way, and fulfilling the requirement does not place a disproportionate burden on the consumer.

When is the Service Provider exempt from the guarantee obligation?

The Service Provider is exempt from the guarantee obligation if it proves that the cause of the defect arose after performance.

The Service Provider draws the Customer's attention to the fact that, for the same defect, the Customer may simultaneously and in parallel assert a warranty claim for defects and a guarantee claim, as well as a product warranty claim and a guarantee claim. However, if the Customer has already successfully asserted a claim arising from defective performance for a given defect (for example, the Service Provider replaced the product), they can no longer assert a claim for the same defect on a different legal basis.

4. Information on rights that can be asserted in the case of defective performance – for contracts between businesses

Warranty for defects

When can the warranty rights for defects be exercised?

A warranty claim for defects may be asserted if the purchased product or service does not meet the quality requirements set out in the contract or by law at the time of performance.

What rights apply?

The following warranty rights for defects may be exercised, at the party's choice:

Repair or replacement may be requested, unless fulfilling the chosen warranty right is impossible, or would result in disproportionate additional costs.

If the Service Provider does not undertake, or is unable to carry out, the repair or replacement, a proportionate reduction of the consideration may be requested, the defect may be repaired at the party's own expense or have it repaired by someone else, or the contract may be withdrawn from.

What deadlines must be observed?

The defect must be communicated to the Service Provider without delay after its discovery. For movable items, the warranty claim for defects becomes time-barred one year from the date of performance.

Bearing the costs

The costs associated with fulfilling the warranty obligation are borne by the Service Provider. However, if the Customer's failure to fulfil their maintenance obligations also contributed to the defect, the Customer must bear the costs in proportion to their contribution.

Possibility of switching rights

A chosen warranty right for defects may be switched to another, but the costs caused by the switch must be paid, unless the switch was caused by the Service Provider, or was otherwise justified.

Guarantee

When does it apply?

Exemption

The Service Provider is exempt from the guarantee obligation if it proves that the cause of the defect arose after performance.

Parallel exercise of rights

The guarantee does not affect the statutory warranty rights for defects; they may be exercised in parallel.

Important information

The warranty rights for defects may also be asserted as a defence against a claim arising from the same contract, even if the warranty claim itself has become time-barred.

In the case of replacement or withdrawal, there is no obligation to compensate for any diminished value of the item resulting from normal use.

Withdrawal is not possible due to an insignificant defect.

XI. Other provisions, information

1. The Service Provider informs the Customer that
a. the annual availability of the servers ensuring data processing exceeds 99.9%. Regular backups are made to protect the data, so in the event of data loss the original content can be restored,
b. the stored information is placed in MSSQL and MySQL databases; sensitive data is protected by strong encryption, using hardware-based encoding solutions integrated into the processor.

2. The Service Provider informs the Customer that the Sellvio rating system operates on the Webshop's website.
a. The rating system does not rate individual products, but rather the operation of the webshop itself, based exclusively on the opinions of genuine customers.
b. The following technical security measures are applied during the review process:
i. The option to leave a rating is activated only after a purchase. The system operates independently of the webshop, and the reviews are stored by Sellvio (ErdSoft Kft.: company registration number: 06-09-030198, registered seat: 6720 Szeged, Kígyó utca 4.).
ii. A rating can only be submitted following a purchase, based on an invitation sent to the e-mail address provided.
iii. It is important to know that neither ratings nor reviews can be deleted – both positive and negative feedback appear, so the system provides an authentic picture of how the Webshop operates.