Prücsi | Consumer information

1. Information on the consumer buyer’s right of withdrawal

According to Section 8:1 (1) point 3 of the Hungarian Civil Code, only a natural person acting outside their profession, self-employment, or business activity qualifies as a consumer, therefore legal entities may not exercise the right of withdrawal without justification.

Pursuant to Section 20 of Government Decree 45/2014 (II. 26.), the consumer has the right to withdraw without giving any reason. The consumer may exercise the right of withdrawal

a) in the case of a contract for the sale of goods
aa) from the day of receipt of the product,
ab) in the case of the sale of multiple products, where the individual products are delivered at different times, from the day of receipt of the last product,
by the consumer or by a third party indicated by the consumer, other than the carrier, within a period of 14 days.

The provisions of this section do not affect the consumer’s right to exercise the right of withdrawal specified in this section during the period between the day of conclusion of the contract and the day of receipt of the product.

If the contract was concluded on the basis of an offer made by the consumer, the consumer has the right to withdraw the offer before the conclusion of the contract, thereby terminating the binding nature of the offer to conclude the contract.

1.1 Notice of withdrawal, exercising the consumer’s right of withdrawal or termination

The consumer may exercise the right provided under Section 20 of Government Decree 45/2014 (II. 26.) by means of an explicit statement to this effect, or by using the model notice downloadable from the website.

1.2 Validity of the consumer’s notice of withdrawal

The right of withdrawal shall be deemed exercised within the deadline if the consumer sends the statement within the deadline. The deadline is 14 days.

The burden of proving that the right of withdrawal has been exercised in accordance with this provision lies with the consumer.

The Seller is obliged to confirm receipt of the consumer’s notice of withdrawal on a durable medium without delay after its arrival.

1.3 Obligations of the Seller in the event of the consumer’s withdrawal

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

1.3.2 Method of the Seller’s refund obligation
In the event of withdrawal or termination in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the amount due to the consumer using the same payment method as the one used by the consumer. Based on the consumer’s express consent, the Seller may use another payment method for the refund, but the consumer may not be charged any additional fee as a result. The Seller shall not be liable for delays resulting from an incorrectly and/or inaccurately provided bank account number or postal address by the Consumer.

1.3.3 Additional costs
If the consumer has expressly chosen a shipping method other than the least expensive standard shipping method, the Seller is not obliged to refund the resulting additional costs. In such cases, our refund obligation only extends to the general delivery charges indicated.

1.3.4 Right of retention
The Seller may withhold the amount due to the consumer until the consumer has returned the product, or has provided proof beyond doubt that the product has been returned; the earlier of these dates shall be taken into account. We are unable to accept parcels sent cash on delivery or with postage due.

1.4 Obligations of the consumer in the event of withdrawal or termination

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

1.4.2 Bearing the direct costs related to returning the product
The consumer bears the direct cost of returning the product. The product must be sent back to the Seller’s address. If the consumer terminates, after performance has begun, an off-premises or distance contract for the provision of services, the consumer shall pay the business an amount proportionate to the service performed up to the date on which the termination is communicated to the business. The proportionate amount payable by the consumer shall be determined on the basis of the total amount of consideration set out in the contract, including taxes. If the consumer proves that the total amount thus determined is excessively high, the proportionate amount shall be calculated on the basis of the market value of the services performed until the date of termination of the contract. Please note that we are unable to accept products returned cash on delivery or with postage due.

1.4.3 Consumer liability for depreciation
The consumer is liable for any depreciation resulting from use exceeding that necessary to establish the nature, characteristics, and functioning of the product.

1.5 Cases in which the right of withdrawal may not be exercised

The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal in the cases set out in Section 29 (1) of Government Decree 45/2014 (II.26.):

in the case of a contract for the provision of services, after the service has been fully performed, if the undertaking began the performance with the consumer’s prior express consent and the consumer acknowledged that they lose their right of termination once the service has 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 even within the period specified for exercising the right of withdrawal;
in the case of a non-prefabricated product that has been manufactured on the basis of the consumer’s instructions or at the consumer’s express request, or a product that has been clearly personalized for the consumer;
in respect of perishable goods or goods preserving their quality only for a short period; in respect of sealed goods which, for health protection or hygiene reasons, cannot be returned after opening following delivery;
in respect of goods which, by their nature, become inseparably mixed with other goods after delivery;
in respect of alcoholic beverages whose actual value depends on market fluctuations beyond the undertaking’s control, and whose price was agreed by the parties at the time of conclusion of the sales contract, but whose performance takes place only after the thirtieth day following the conclusion of the contract;
in the case of a contract for services where the undertaking visits the consumer at the consumer’s express request for the purpose of carrying out urgent repair or maintenance work;
in respect of the sale of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery;
in respect of newspapers, journals, and periodicals, with the exception of subscription contracts;
in the case of contracts concluded at a public auction;
in the case of contracts for accommodation services, other than for residential purposes, transport, car rental, catering, or services related to leisure activities, if
a specific performance date or period has been stipulated in the contract;
in respect of digital content supplied on a non-tangible medium, if the undertaking has begun performance with the consumer’s prior express consent and the consumer, simultaneously with such consent, acknowledged that they lose their right of withdrawal once performance begins.

1.6 Requirements of contractual conformity

Requirements of contractual conformity in general for goods sold under consumer contracts and goods containing digital elements
The product and performance must comply, at the time of performance, with the requirements set out in Government Decree 373/2021 (VI.30.).

In order for performance to be regarded as contractually compliant, the product forming the subject of the contract must

comply with the description, quantity, quality, type, and have the functionality, compatibility, interoperability, and other characteristics specified in the contract
be fit for any purpose specified by the consumer, which the consumer brought to the Seller’s attention no later than at the time of conclusion of the contract, and which the Seller accepted
be supplied with all accessories, user manuals — including installation instructions, setup instructions, and customer support — specified in the contract, and
provide the updates specified in the contract.

In addition, in order for performance to be regarded as contractually compliant, the product forming the subject of the contract must

be fit for the purposes prescribed by law, technical standard, or in the absence of a technical standard, the applicable code of conduct, for products of the same type
have the quantity, quality, performance, and other characteristics reasonably expected by the Consumer — particularly with regard to functionality, compatibility, accessibility, continuity, and
safety — as is customary for goods of the same type, taking into account any public statement made by the Seller, its representative, or another person in the sales chain concerning the specific characteristics
of the product, especially in advertising or on labels
be supplied with the accessories and instructions reasonably expected by the consumer — including packaging and installation instructions — and
correspond to the characteristics and description of the product presented by the business as a sample, model, or trial version before the conclusion of the contract.

The product does not have to comply with the above public statement if the Seller proves that

it did not know and did not have to know the public statement
the public statement had been properly corrected by the time of conclusion of the contract, or
the public statement could not have influenced the entitled party’s decision to conclude the contract.

Requirements of contractual conformity in the case of the sale of goods under consumer contracts

The Seller performs defectively if a defect in the goods results from improper installation, provided that

a) the installation forms part of the sales contract and was carried out by the Seller or under the Seller’s responsibility; or

b) the installation was to be carried out by the consumer and the improper installation resulted from deficiencies in the installation instructions provided by the Seller — or, in the case of goods containing digital elements, by the provider of the digital content or digital service.

If, under the sales contract, the goods are installed by the Seller, or the installation is carried out under the Seller’s responsibility, performance shall be deemed completed by the Seller when the installation has been completed.

In the case of goods containing digital elements, if the sales contract provides for the continuous supply of digital content or a digital service over a specified period, the Seller shall be liable for defects relating to the digital content of the goods if the defect occurs or becomes apparent within two years from performance of the goods in the case of continuous supply not exceeding two years.

Requirements of contractual conformity in the case of goods containing digital elements sold under consumer contracts

In the case of goods containing digital elements, the Seller must ensure that the consumer is informed of, and receives, updates related to the digital content of the goods or the associated digital service — including security updates — that are necessary to maintain the conformity of the goods with the contract.

The Seller must provide updates where the sales contract provides

for a one-off supply of digital content or digital service, for a period reasonably expected by the consumer on the basis of the type and purpose of the goods and digital elements, as well as the individual circumstances and nature of the contract; or
for the continuous supply of digital content over a specified period, then, in the case of continuous supply not exceeding two years, throughout a period of two years from performance of the goods.

If the consumer does not install the updates provided within a reasonable period, the Seller shall not be liable for defects in the goods resulting solely from the failure to apply the relevant update, provided that

a) the Seller informed the consumer of the availability of the update and the consequences of failure by the consumer to install it; and

b) the consumer’s failure to install the update, or incorrect installation of the update by the consumer, was not due to deficiencies in the installation instructions provided by the Seller.

No defective performance may be established if, at the time of conclusion of the contract, the consumer received separate information that a specific characteristic of the goods differed from what is described here, and the consumer expressly accepted this difference separately when concluding the sales contract.

2. Implied warranty, product warranty, guarantee

This section of the consumer information was prepared on the basis of the authorization in Section 9 (3) of Government Decree 45/2014 (II.26.), by applying Annex 3 of Government Decree 45/2014 (II.26.), supplemented by the provisions of legislation adopted after the entry into force of the Government Decree.

2.1 Implied warranty

In what cases may you exercise your implied warranty rights?
In the event of defective performance by the Seller, you may assert an implied warranty claim against the Seller in accordance with the rules of the Civil Code and, in the case of consumer contracts, Government Decree 373/2021 (VI.30.).

What rights do you have based on your implied warranty claim?

General rules of implied warranty rights

At your choice, you may make the following implied warranty claims:

You may request repair or replacement, unless fulfilling the claim chosen by you is impossible or would result in disproportionate additional costs for the Seller compared to fulfilling another claim. If you did not request or could not request repair or replacement, you may request a proportionate reduction in the price, repair the defect yourself at the Seller’s expense or have it repaired by someone else, or — as a last resort — withdraw from the contract.

You may switch from your chosen implied warranty right to another, but you shall bear the cost of the switch, unless it was justified or the Seller gave reason for it.

In the case of a consumer contract, unless proven otherwise, any defect recognized within one year from the date of performance of the goods or goods containing digital elements shall be presumed to have existed at the time of performance, unless this presumption is incompatible with the nature of the goods or the nature of the defect.

In the case of used products, warranty and guarantee rights generally differ from the general rules. Defective performance may also be discussed in relation to used products, but the circumstances on the basis of which the Buyer could have expected certain defects must be taken into account. As a result of wear and tear, certain defects occur more frequently, and therefore it cannot be assumed that a used product may have the same quality as a newly purchased one. On this basis, the Buyer may only enforce warranty rights in respect of deficiencies that go beyond defects resulting from use and arose independently of them. If the used product is defective and the Buyer qualifying as a Consumer was informed of this at the time of purchase, the Service Provider shall have no liability regarding the known defect.

For buyers not qualifying as consumers, the time limit for enforcing implied warranty rights is 1 year, starting on the day of performance (delivery).

Special rules of implied warranty rights for goods and goods containing digital elements sold under consumer contracts

In the case of a contract between a consumer and a business for the sale of movable goods or the supply of digital content, the Consumer shall be entitled to the rights set out in the “General rules of implied warranty rights” section, subject to the differences specified in this section.

In the case of a contract between a consumer and a business for the sale of movable goods or the supply of digital content, the Consumer may not repair the defect themselves at the Seller’s expense, nor have it repaired by another person, במסגרת the exercise of implied warranty rights.

The Seller may refuse to bring the goods into conformity with the contract if repair or replacement is impossible, or if it would result in disproportionate additional costs for the Seller, taking into account all circumstances, including the value the product would have in flawless condition and the seriousness of the breach of contract.

The consumer is also entitled — proportionate to the seriousness of the breach of contract — to request a proportionate reduction of the consideration or terminate the sales contract if

the Seller did not carry out the repair or replacement, or carried it out but did not fully or partially comply with the following conditions
- the Seller must ensure, at its own expense, the return of the replaced goods
- if repair or replacement requires the removal of goods that were installed in accordance with their nature and purpose before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the replacement or repaired goods, or bearing the costs of removal and installation.
the Seller refused to bring the goods into conformity with the contract
a repeated performance defect occurred, despite the Seller’s attempt to bring the goods into conformity with the contract
the defect in performance is of such seriousness as to justify an immediate price reduction or immediate termination of the sales contract, or the Seller did not undertake to bring the goods into conformity, or it is obvious from the circumstances that the business will not bring the goods into conformity within a reasonable period or without significant harm to the consumer’s interests.

If the consumer wishes to terminate the sales contract on the grounds of defective performance, the burden of proving that the defect is insignificant lies with the Seller.

The Consumer is entitled to withhold all or part of the outstanding portion of the purchase price — proportionate to the seriousness of the breach of contract — until the Seller complies with its obligations relating to contractual conformity and defective performance.

A generally applicable rule is that:

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

The reasonable period available for carrying out the repair or replacement of the goods shall be counted from the time when the Consumer notified the business of the defect.

The consumer must make the goods available to the business in order for the repair or replacement to be performed.

The reduction in consideration is proportionate if its amount equals the difference between the value of the goods to which the Consumer would have been entitled in the event of contractual performance and the value of the goods actually received by the Consumer.

The Consumer may exercise the implied warranty right to terminate the sales contract by means of a legal declaration addressed to the Seller expressing the decision to terminate.

If defective performance affects only a specific part of the goods supplied under the sales contract, and the conditions for exercising the right to terminate the contract exist in relation to those goods, the Consumer may terminate the sales contract only with respect to the defective goods, but may also terminate it with respect to any other goods acquired together with them if it cannot reasonably be expected that the Consumer retain only the goods conforming to the contract.

If the Consumer terminates the sales contract in its entirety or in respect of part of the goods supplied under the sales contract, then

the Consumer must return the affected goods to the Seller at the Seller’s expense, and
the Seller must refund to the Consumer without delay the purchase price paid in respect of the affected goods as soon as it has received the goods or proof supporting the return of the goods.

Within what deadline may you enforce your implied warranty claim?

You are obliged to notify the defect without delay after discovering it. A defect notified within two months from its discovery shall be deemed notified without delay. At the same time, please note that after the expiry of the two-year limitation period from the performance of the contract, you may no longer enforce your implied warranty rights. If the subject matter of the contract between the consumer and the business is a used item, the parties may agree on a shorter limitation period; however, a limitation period shorter than one year may not be validly stipulated even in this case.

Against whom may you enforce your implied warranty claim?

You may enforce your implied warranty claim against the Seller.

What other condition applies to the enforcement of your implied warranty rights?

Within six months from performance, there is no condition other than notifying the defect for enforcing your implied warranty claim, if you prove that the product or service was provided by the Seller. However, after six months from performance, you are required to prove that the defect recognized by you already existed at the time of performance.

2.2 Product warranty

In what cases may you exercise your product warranty rights?
In the event of a defect in movable property (product), you may, at your choice, enforce either an implied warranty claim or a product warranty claim.

What rights do you have based on your product warranty claim?
Under a product warranty claim, you may only request the repair or replacement of the defective product.

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

Within what deadline may you enforce your product warranty claim?
You may enforce your product warranty claim within two years from the date the manufacturer placed the product on the market. After the expiry of this deadline, you lose this right.

Against whom and under what other condition may you enforce your product warranty claim?
You may only enforce your product warranty claim against the manufacturer or distributor of the movable property. In the event of a product warranty claim, you must prove the defect of the product.

In what cases is the manufacturer (distributor) exempt from product warranty obligations?
The manufacturer (distributor) is exempt from product warranty obligations only if it can prove that:

the product was not manufactured or placed on the market within the scope of its business activity, or
according to the state of science and technology at the time of placing the product on the market, the defect was not recognizable, or
the defect in the product results from the application of legislation or a mandatory official regulation.

The manufacturer (distributor) only needs to prove one reason in order to be exempt.

Please note that, due to the same defect, you may not enforce an implied warranty claim and a product warranty claim simultaneously and in parallel. However, if your product warranty claim is successful, you may enforce your implied warranty claim against the manufacturer with respect to the replaced product or repaired part.

2.3 Guarantee
In what cases may you exercise your guarantee rights?
Under Government Decree 151/2003. (IX. 22.) on mandatory guarantees for certain durable consumer goods, the Seller is obliged to provide a guarantee in the case of the sale of new durable consumer goods listed in Annex 1 of the Decree (e.g. technical products, tools, machines), as well as their accessories and components defined therein (hereinafter, together in this section referred to as consumer goods).

In addition, the Seller may voluntarily undertake a guarantee, in which case it must provide the Buyer qualifying as a Consumer with a guarantee statement.

The guarantee statement must be made available to the Consumer on a durable medium no later than at the time of delivery of the goods.

The guarantee statement must include:

a clear statement that, in the event of defective performance of the goods, the Consumer is entitled free of charge to exercise the implied warranty rights provided by law, and these rights are not affected by the guarantee
the name and address of the party obliged under the guarantee
the procedure to be followed by the Consumer in order to enforce the guarantee
the identification of the goods to which the guarantee applies, and
the conditions of the guarantee.

What rights do you have, and within what deadline, in the case of a mandatory guarantee?

Guarantee rights
As a general rule, under Government Decree 151/2003. (IX. 22.), the Buyer may assert a repair claim and, in the cases listed under the section “Rules relating to the handling of guarantee claims,” replacement and refund claims as guarantee claims against the Seller.

The Buyer may, at their choice, enforce a repair claim directly at the Seller’s registered office, any place of business, branch office, or the repair service indicated by the Seller on the guarantee certificate.

Time limit for enforcement
A guarantee claim may be enforced during the guarantee period. According to Government Decree 151/2003. (IX. 22.), the guarantee period is:

one year for a sale price of HUF 10,000 or more but not exceeding HUF 100,000,
two years for a sale price exceeding HUF 100,000 but not exceeding HUF 250,000,
three years for a sale price above HUF 250,000.

Failure to meet these deadlines results in forfeiture of rights; however, if the consumer goods are repaired, the guarantee period is extended by the period from the date of handing over the goods for repair during which the Buyer could not use the consumer goods as intended because of the defect.

The guarantee period begins on the day the consumer goods are handed over to the Buyer, or, if installation is carried out by the Seller or its agent, on the day of installation.

If the Buyer has the consumer goods installed more than six months after delivery, the start date of the guarantee period shall be the day of delivery of the consumer goods.

Rules relating to the handling of guarantee claims

When handling repairs, the Seller must strive to complete the repair within 15 days. The deadline available for repair starts on the day the consumer goods are received.

If the duration of the repair or replacement exceeds fifteen days, the Seller must inform the Buyer of the expected duration of the repair or replacement.

If, during the guarantee period, it is established by the Seller during the first repair of the consumer goods that the consumer goods cannot be repaired, the Seller shall, unless otherwise provided by the buyer, replace the consumer goods within eight days. If replacement of the consumer goods is not possible, the Seller shall refund to the buyer within eight days the purchase price indicated on the proof of payment presented by the consumer — the invoice or receipt issued pursuant to the VAT Act.

By accepting the General Terms and Conditions, the Buyer consents to receiving such information electronically or by another method suitable for confirming receipt by the Buyer.

If the Seller cannot repair the consumer goods within 30 days:

if the Buyer agrees, the repair may be completed for them at a later date, or
if the Buyer does not agree to later completion of the repair, or makes no statement in this regard, the consumer goods must be replaced within eight days following the unsuccessful expiry of the thirty-day deadline, or
if the Buyer does not agree to later completion of the repair, or makes no statement in this regard, and replacement of the consumer goods is also not possible, the sale price indicated on the invoice or receipt of the consumer goods must be refunded to them within eight days following the unsuccessful expiry of the thirty-day deadline.

If the consumer goods become defective for the 4th time, the Buyer is entitled to:

turn to the Seller with a repair claim, or
instead of a repair claim, request a proportionate reduction of the purchase price from the Seller pursuant to Section 6:159 (2) point b) of Act V of 2013 on the Civil Code, or
instead of a repair claim, have the consumer goods repaired at the Seller’s expense or have them repaired by someone else pursuant to Section 6:159 (2) point b) of Act V of 2013 on the Civil Code, or
if the Buyer does not exercise these rights (repair, price reduction, and repair by another party at the Seller’s expense), or has not made any statement regarding them, the consumer goods must be replaced within 8 days, and if replacement of the consumer goods is not possible, the sale price indicated on the invoice or receipt of the consumer goods must be refunded to them within 8 days.

Exceptions
The provisions described under the section “Rules relating to the handling of guarantee claims” do not apply to electric bicycles, electric scooters, quad bikes, motorcycles, mopeds, passenger cars, motorhomes, caravans, trailer caravans, trailers, and motorized watercraft.

However, even in the case of these products, the Seller must strive to fulfill the repair claim within 15 days.

If the duration of the repair or replacement exceeds fifteen days, the Seller must inform the Buyer of the expected duration of the repair or replacement.

What is the relationship between the guarantee and other warranty rights?

The guarantee applies in addition to warranty rights (product warranty and implied warranty); the fundamental difference between general warranty rights and the guarantee is that, in the case of a guarantee, the burden of proof is more favorable to the consumer.

Fixed-installation consumer goods covered by the mandatory guarantee under Government Decree 151/2003, as well as consumer goods weighing more than 10 kg or which cannot be transported as hand luggage on public transport — with the exception of vehicles — must be repaired at the place of operation. If repair cannot be carried out at the place of operation, the business, or — in the event of a repair claim enforced directly at the repair service — the repair service, shall ensure dismantling and reinstallation, as well as transport to and from the place of repair.

The Seller’s undertaking during the mandatory guarantee period may not contain conditions that are less favorable to the consumer than the rights provided by the rules of the mandatory guarantee. After this period, however, the conditions of a voluntary guarantee may be determined freely, but even in this case the guarantee may not affect the consumer’s rights arising from legislation — including, among them, rights based on implied warranty.

Replacement claim within three working days

In the case of sales through a webshop, the institution of the replacement claim within three working days also applies. A replacement claim within three working days may be enforced in the case of new durable consumer goods falling under Government Decree 151/2003. (IX. 22.), according to which, if someone enforces the replacement claim within 3 working days, the seller must interpret this as meaning that the product was already defective at the time of sale and must replace the product without further conditions.

When is the Seller exempt from guarantee obligations?

The Seller is exempt from its guarantee obligation only if it proves that the cause of the defect arose after performance.

Please note that, due to the same defect, you may not enforce an implied warranty claim and a guarantee claim, or a product warranty claim and a guarantee claim, simultaneously and in parallel; otherwise, however, you are entitled to rights arising from the guarantee independently of warranty entitlements.