Date of adoption: 2023-10-16
Data Controller
Name: Naturtex Ltd.
Registered office: 6728 Szeged, Cserje sor 9.
Address for correspondence and complaints: 6728 Szeged, Cserje sor 9.
Website: https://naturtexshop.cz/
Hosting
Name: UNAS Online Ltd.
Address for correspondence: 9400 Sopron, Kőszegi út 14.
E-mail address: unas@unas.hu
Phone number:
Description of the data processing carried out in the operation of the webshop
This document contains all relevant information on data management in connection with the operation of the webshop in accordance with the European Union's General Data Protection Regulation 2016/679 (hereinafter: Regulation, GDPR) and Act CXII of 2011 (hereinafter: Infotv.).
Information about the use of cookies
What is a cookie?
The Data Controller uses
so-called cookies
when you visit the website. A cookie is a set of letters and numbers that our website sends to your browser to save certain settings, facilitate the use of our website and help us to collect some relevant statistical information about our visitors.
Some of the cookies do not contain any personal information and cannot be used to identify an individual user, but some of them contain a unique identifier - a secret, randomly generated sequence of numbers - that is stored on your device, thus ensuring your identification. The duration of each cookie is described in the relevant description of each cookie.
Legal background and legal basis for cookies:
We distinguish between three types of cookies: cookies that are essential for the proper functioning of the Website, cookies for statistical purposes and cookies for marketing purposes.
The legal basis for the processing is your consent pursuant to Article 6(1)(a) of the Regulation in the case of cookies for statistical and marketing purposes and your legitimate interest pursuant to Article 6(1)(f) of the Regulation in the case of cookies necessary for the functioning of the Website.
Main features of the cookies used by the website:
Cookies are essential for the operation of the website:
If you do not accept the use of these cookies, certain features may not be available to you.
Session cookie: these cookies store the visitor's location, browser language, payment currency, and their lifetime is until the browser is closed or for a maximum of 2 hours.
Age-approved content cookie: these cookies record the fact that the age-approved content has been approved and that the data subject is over 18 years old, and last until the browser is closed.
Recommended products cookie: the "recommend to a friend" function records the list of products you wish to recommend. It has a lifetime of 60 days.
Mobile version, design cookie: detects the device the visitor is using and switches to full view on mobile. Lifetime 365 days.
Cookie acceptance cookie: when you arrive at the site, you will be prompted to accept the cookie statement in the warning window. It has a lifetime of 365 days.
Exit #2 cookie: option #2 will exit the visitor after 90 days. Its lifetime is 90 days.
Backend ID cookie: the ID of the backend server serving the site. This cookie is the cookie that identifies the server-side cookie.
Cookies for statistical purposes:
Google Analytics cookie: Google Analytics is Google's analytics tool that helps website and application owners to get a more accurate picture of their visitors' activities. The service may use cookies to collect information and report statistics about website usage without individually identifying visitors to Google. The main cookie used by Google Analytics is the "__ga" cookie. In addition to generating reports from website usage statistics, Google Analytics, together with some of the advertising cookies described above, can also be used to display more relevant ads in Google products (such as Google Search) and across the web.
Referrer cookies: they record from which external page the visitor came to the site. Their lifetime lasts until the browser is closed.
Last viewed product cookie: records the products last viewed by the visitor. They have a lifetime of 60 days.
Last viewed category cookie: fixes the last viewed category. Last visited last time you checked.
Shopping cart cookie: records the products placed in your shopping cart. It is used to store cookies.
Smart offer cookie: records the conditions under which smart offers are displayed (e.g. whether the visitor has been on the site before, whether they have placed an order).
For more information on how to delete cookies, please follow the links below:
Data processed for the purposes of contracting and performance
There may be more than one processing operation for the purposes of contracting and performance. Please note that data processing in relation to complaint handling and warranty management will only take place if you exercise one of these rights.
If you do not make a purchase through the webshop, but are a visitor to the webshop, the marketing processing may apply to you if you provide us with your consent for marketing purposes.
More details on data processing for the purposes of contracting and performance:
Issue of the invoice
The data processing is carried out in order to issue invoices in accordance with the law and to fulfil the obligation to keep accounting records. Pursuant to Article 169 (1) to (2) of the Tax Act, companies are required to keep accounting documents that directly and indirectly support the accounting.
Data processed
Name, address, e-mail address, telephone number.
Duration of data processing
Invoices issued must be kept for 8 years from the date of issue of the invoice, pursuant to Section 169 (2) of the Public Finance Act.
Legal basis for processing
Pursuant to Article 159 (1) of Act CXXVII of 2007 on Value Added Tax, the issue of an invoice is mandatory and must be kept for 8 years pursuant to Article 169 (2) of Act C of 2000 on Accounting [processing pursuant to Article 6 (1) (c) of the Regulation].
Other data processing
If the Data Controller intends to carry out further processing, it shall provide prior information on the essential circumstances of the processing (legal background and legal basis of the processing, purpose of the processing, scope of the data processed, duration of the processing).
Recipients of personal data
Processing for the purpose of storing personal data
Name of the data processor: UNAS Online Kft.
Contact details of the data processor:
Phone number:
E-mail address: unas@unas.hu
Head office: 9400 Sopron, Kőszegi út 14.
Website: unas.hu
The Processor stores the personal data on the basis of a contract with the Data Controller. It is not entitled to access the personal data.
Data processing activities related to the sending of newsletters
The name of the company operating the mailing system is The Rocket Science Group LLC.
The company operating the mailing system is located at 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA
Phone number of the company operating the mailing system:
E-mail address of the company operating the mailing system: privacy@mailchimp.com
Website of the company that operates the mailing system: mailchimp.com
The Data Processor contributes to the sending of newsletters on the basis of a contract with the Data Controller. In doing so, the Data Processor processes the name and e-mail address of the data subject to the extent necessary to send the newsletter.
Invoicing-related data processing
Name of the data processor: HRP Europe Kft. - Navision
The data processor is located at 1033 Budapest, Huszti út 34.
Telephone number of the data processor:
E-mail address of the data processor:
The website of the data processor:
The Processor shall contribute to the recording of accounting documents on the basis of a contract with the Data Controller. In doing so, the Data Processor shall process the name and address of the data subject to the extent necessary for the accounting records, for the period of time pursuant to Section 169 (2) of the Act, and shall delete them thereafter.
Reliable shop programme
In order to operate the Reliable Shop program of www.arukereso.hu (Online Comparison Shopping Kft. 1074 Budapest, Rákóczi út 70-72., Tax number: 24868291-2-42, Company registration number: 01-09-186759), the e-mail address of the customer and the name of the goods purchased will be transmitted to arukereso.hu after the purchase. The purpose of the data transfer is to request and display customer feedback. The personal data transmitted in this way will be processed by Online Comparison Shopping Ltd. in accordance with the Privacy and Data Protection Policy of www.arukereso.hu. The data controller of the data transmitted in this context is Online Comparison Shopping Ltd.
Your rights in the processing of your data
During the period of processing, you have the following rights under the Regulation:
- the right to withdraw consent
- access to personal data and information on data management
- right to rectification
- restriction of processing,
- right to erasure
- right to protest
- the right to portability.
If you wish to exercise your rights, this will involve your identification and the Data Controller will need to communicate with you. Therefore, in order to identify you, you will be required to provide personal data (but identification will only be based on data that the Controller already holds about you) and your complaints about the processing will be available on the Controller's email account for the period of time specified in this notice in relation to complaints. If you have been a customer of ours and would like to be identified for the purposes of complaint handling or warranty handling, please also provide your order ID for identification purposes. We can use this to identify you as a customer.
The Data Controller shall respond to complaints about data processing within 30 days at the latest.
Right to withdraw consent
You have the right to withdraw your consent to data processing at any time, in which case the data will be deleted from our systems. Please note, however, that in the case of an outstanding order, withdrawal may result in our inability to deliver to you. In addition, if the purchase has already been made, we may not be able to delete the billing data from our systems under accounting regulations, and if you have a debt to us, we may process your data in the event of withdrawal of consent on the basis of a legitimate interest in the recovery of the debt.
Access to personal data
You have the right to receive feedback from the Data Controller as to whether or not your personal data is being processed and, if it is being processed, you have the right to:
- have access to the personal data processed; and
- the following information to be provided by the Data Controller:
- the purposes of the processing;
- the categories of personal data processed about you;
- information about the recipients or categories of recipients to whom or with which the personal data have been or will be disclosed by the Controller;
- the envisaged period of storage of the personal data or, if this is not possible, the criteria for determining that period;
- your right to request the Controller to rectify, erase or restrict the processing of personal data concerning you and to object to the processing of such personal data where the processing is based on legitimate interests;
- the right to lodge a complaint with a supervisory authority;
- if the data was not collected from you, any available information about its source;
- the fact of automated decision-making (where such a process is used), including profiling, and, at least in these cases, clear information about the logic used and the significance and likely consequences for you of such processing.
The purpose of exercising the right may be to ascertain and verify the lawfulness of the processing, and therefore, in the event of repeated requests for information, the Data Controller may charge reasonable compensation for the provision of information.
Access to personal data is provided by the Data Controller by sending you, by email, the personal data and information processed after you have identified yourself. If you are registered, we will provide access so that you can view and verify the personal data we process about you by logging into your account.
Please indicate in your request whether you want access to your personal data or information about data management.
Right to rectification
You have the right to have inaccurate personal data relating to you corrected by the Data Controller without delay upon your request.
Right to restriction of processing
You have the right to have the Controller restrict processing at your request if one of the following conditions is met:
- You contest the accuracy of the personal data, in which case the restriction applies for the period of time that allows the Controller to verify the accuracy of the personal data, if the accuracy can be established immediately, no restriction will be imposed;
- the processing is unlawful, but you object to the deletion of the data for any reason (for example, because the data are important to you for the purposes of pursuing a legal claim) and you do not request the deletion of the data but instead request the restriction of their use;
- the Controller no longer needs the personal data for the purposes for which they are processed, but you require them for the establishment, exercise or defence of legal claims; or
- You have objected to the processing, but the Data Controller may also have a legitimate interest in the processing, in which case, until it is established whether the legitimate grounds of the Data Controller prevail over your legitimate grounds, the processing shall be restricted.
If the processing is restricted, such personal data may be processed, except for storage, only with the consent of the data subject or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or of an important public interest of the Union or of a Member State.
The Data Controller will inform you in advance (at least 3 working days before the lifting of the restriction) about the lifting of the restriction.
Right to erasure - right to be forgotten
You have the right to obtain from the Data Controller the erasure of personal data concerning you without undue delay where one of the following grounds applies:
- the personal data are no longer necessary for the purposes for which they were collected or otherwise processed by the Controller;
- You withdraw your consent and there is no other legal basis for the processing;
- You object to processing based on legitimate interest and there is no overriding legitimate ground (i.e. legitimate interest) for processing,
- the personal data were unlawfully processed by the Controller and this has been established on the basis of the complaint,
- the personal data must be erased in order to comply with a legal obligation under Union or Member State law applicable to the Data Controller.
If the Data Controller has disclosed personal data about you for any lawful reason and is required to delete it for any of the reasons set out above, it shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform other data controllers that you have requested the deletion of the links to or copies of the personal data in question.
Erasure does not apply where the processing is necessary:
- to exercise the right to freedom of expression and information;
- to comply with an obligation under Union or Member State law that requires the controller to process personal data (such as processing in the context of invoicing, where the storage of the invoice is required by law) or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
- to lodge, enforce or defend legal claims (e.g. if the Data Controller has a claim against you and has not yet settled it, or if a consumer or data management complaint is pending).
Right to object
You have the right to object to the processing of your personal data based on legitimate interests at any time on grounds relating to your particular situation. In such a case, the Controller may no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such purposes, including profiling, where it is related to direct marketing. If you object to the processing of your personal data for direct marketing purposes, your personal data may no longer be processed for those purposes.
Right to portability
If the processing is automated or if the processing is based on your voluntary consent, you have the right to request the Data Controller to receive the data you have provided to the Data Controller, which the Data Controller will make available to you in xml, JSON or csv format, and if technically feasible, you may request that the Data Controller transfer the data in this format to another data controller.
Automated decision-making
You have the right not to be subject to a decision based solely on automated processing (including profiling) that would have legal effects concerning you or similarly significantly affect you. In such cases, the controller must take appropriate measures to protect the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain human intervention by the controller, to express his or her point of view and to object to the decision.
The above does not apply if the decision:
- necessary for the conclusion or performance of a contract between you and the Data Controller;
- is permitted by Union or Member State law applicable to the controller which also lays down appropriate measures to protect your rights and freedoms and legitimate interests; or
- is based on your explicit consent.
Registration in the Data Protection Register
Pursuant to the provisions of the Data Protection Act, the Data Controller was required to notify certain of its data processing activities to the data protection register. This notification obligation ceased as of 25 May 2018.
Data security measures
The Data Controller declares that it has implemented appropriate security measures to protect personal data against unauthorised access, alteration, disclosure, transmission, disclosure, erasure or destruction, accidental destruction or accidental damage and inaccessibility resulting from changes in the technology used.
The Data Controller will make every effort to ensure that its Data Processors also take appropriate data security measures when working with your personal data, as far as organisational and technical possibilities allow.
Remedies available
If you believe that the Data Controller has violated a legal provision on data processing or has failed to comply with a request, you may initiate an investigation procedure with the National Authority for Data Protection and Freedom of Information to terminate the alleged unlawful processing (mailing address: 1363 Budapest, Pf. 9., e-mail: ugyfelszolgalat@naih.hu, telephone numbers: +36 (30) 683-5969 +36 (30) 549-6838; +36 (1) 391 1400).
You are also informed that you may bring a civil action against the Data Controller before a court in the event of a breach of the legal provisions on data processing or if the Data Controller has not complied with a request.
Amendments to the Privacy Notice
The Data Controller reserves the right to amend this Privacy Notice in a way that does not affect the purpose and legal basis of the processing. By using the website after the amendment comes into force, you accept the amended privacy notice.
If the Data Controller intends to carry out further processing of the collected data for purposes other than those for which they were collected, the Data Controller will inform you of the purposes of the processing and the following information prior to the further processing:
- the duration of the storage of personal data or, where this is not possible, the criteria for determining that duration;
- your right to request from the Controller access to, rectification, erasure or restriction of processing of personal data concerning you and, in the case of processing based on legitimate interest, to object to the processing of personal data and, in the case of processing based on consent or a contractual relationship, to request the right to data portability;
- in the case of processing based on consent, that you can withdraw your consent at any time,
- the right to lodge a complaint with a supervisory authority;
- whether the provision of the personal data is based on a legal or contractual obligation or is a precondition for the conclusion of a contract, whether you are under an obligation to provide the personal data and the possible consequences of not providing the data;
- the fact of automated decision-making (where such a process is used), including profiling, and, at least in these cases, clear information about the logic used and the significance and likely consequences for you of such processing.
Processing can only start after this, if the legal basis for the processing is consent, and you must give your consent in addition to the information.
Consumer information
Consumer information
Information on the consumer's right of withdrawal
As a consumer, the Civil Code. According to Article 8:1, paragraph 1, point 3, only natural persons acting outside the scope of their profession, self-employment or business activity are considered consumers, so legal persons cannot exercise the right of withdrawal without giving reasons!
The consumer has the right of withdrawal without giving reasons according to Article 20 of Government Decree 45/2014 (26.II.). The consumer may exercise his right of withdrawal
a) In the case of a contract for the sale of goods
aa) the Goods,
ab) in the case of the sale of several Goods, if each Good is supplied at a different time, to the last Good supplied,
by the consumer or a third party other than the carrier and indicated by the consumer, within a time limit of 14 calendar days from the date of receipt of the goods by the consumer.
Nothing in this clause shall affect the consumer's right to exercise his right of withdrawal under this clause during the period between the date of conclusion of the contract and the date of receipt of the Goods.
If the consumer has made an offer to conclude the contract, the consumer has the right to withdraw the offer before the conclusion of the contract, which terminates the obligation to make an offer to conclude the contract.
Cancellation notice, exercise of the consumer's right of withdrawal or termination
The consumer can exercise the right provided for in Article 20 of Government Decree 45/2014 (26.II.) by means of a clear declaration to this effect or by using the declaration template that can be downloaded from the website.
Validity of the consumer's withdrawal
The right of withdrawal shall be deemed to have been exercised within the time limit if the consumer sends his declaration within the time limit.
In the case of written withdrawal or termination, it is sufficient to send the notice of withdrawal or termination within the deadline.
The burden of proving that the consumer exercised his right of withdrawal in accordance with this provision is on the consumer.
The Seller shall acknowledge the consumer's withdrawal on an electronic medium upon receipt.
Obligations of the Seller in the event of withdrawal by the consumer
Seller's obligation to refund
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (26.II.), the Seller shall reimburse the total amount paid by the consumer as consideration, including the costs incurred in connection with the performance, including the delivery fee, within fourteen days of becoming aware of the withdrawal at the latest. Please note that this provision does not apply to additional costs caused by the choice of a mode of transport other than the least costly usual mode of transport.
How the Seller is obliged to refund
In the event of withdrawal or termination in accordance with Article 22 of Government Decree 45/2014 (26.II.), the Seller shall refund the amount returned to the consumer in the same way as the payment method used by the consumer. Subject to the express consent of the consumer, the Seller may use another method of payment for the refund, but the consumer shall not be charged any additional fee. The Seller shall not be liable for any delay due to the incorrect and/or inaccurate bank account number or postal address provided by the Consumer.
Additional costs
If the consumer explicitly chooses a mode of transport other than the least costly usual mode of transport, the Seller is not obliged to reimburse the additional costs resulting from this. In such a case, we shall be obliged to reimburse up to the amount of the standard delivery charges indicated.
Right of retention
The Seller may withhold the amount due to the consumer until the consumer has returned the Goods or has proved beyond reasonable doubt that he has returned them, whichever is the earlier. We are not able to accept consignments sent by cash on delivery or by post.
In the event of withdrawal or termination of the consumer's obligations
Return of the Goods
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (26.II.), the consumer shall return the Goods immediately, but no later than fourteen days from the date of withdrawal, or hand them over to the Seller or to a person authorised by the Seller to receive the Goods. The return shall be deemed to have been effected in time if the consumer returns the goods before the expiry of the time limit.
Payment of direct costs related to the return of the Goods
The consumer bears the direct cost of returning the Goods. The Goods must be returned to the Seller's address. If the consumer terminates an off-premises or distance contract for the provision of a service after the performance has begun, he must pay the trader a fee proportionate to the service provided up to the date of notification of the termination to the trader. The amount to be paid by the consumer pro rata shall be determined on the basis of the total amount of the consideration laid down in the contract plus tax. If the consumer proves that the total amount so determined is excessive, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. Please note that we are not able to accept goods returned by cash on delivery or postage paid.
Consumer liability for depreciation
The consumer is liable for depreciation resulting from the use of the Goods beyond the use necessary to determine their nature, characteristics and functioning.
If the right of withdrawal cannot be exercised or can only be exercised subject to conditions under the applicable legislation, the Customer shall not be entitled to use the product for trial purposes.
The right of withdrawal cannot be exercised in the following cases
The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal in the cases provided for in Article 29 (1) of Government Decree 45/2014 (II.26.):
- after full performance of the service, but where the contract imposes a payment obligation on the consumer, this exception may be invoked only if performance has begun with the consumer's express prior consent and the consumer's knowledge that he will lose his right of withdrawal once the business has performed the contract in full;
- in respect of goods or services whose price or charges are subject to fluctuations which are beyond the control of the financial market firm and which are possible even during the period set for exercising the right of withdrawal;
- for Goods which are not prefabricated, which have been manufactured on the instructions or at the express request of the consumer, or for Goods which are clearly personalised for the consumer;
- perishable Goods or Goods which retain their quality for a short period;
- for sealed Goods that cannot be returned after opening after delivery for health or hygiene reasons;
- Goods which, by their nature, are inseparably mixed with other Goods after delivery;
- an alcoholic beverage the real value of which is dependent on market fluctuations beyond the control of the undertaking and the price of which was agreed between the parties at the time of the conclusion of the sales contract, but the contract is not performed until 30 days after the conclusion of the contract;
- in the case of a contract for the provision of services where the business visits the consumer at the express request of the consumer to carry out urgent repair or maintenance work;
- the sale of a copy of a sound or video recording or computer software in sealed packaging, if the consumer has opened the packaging after delivery;
- newspapers, periodicals and periodicals, with the exception of subscription contracts;
- for contracts concluded by public auction;
- for contracts for the provision of accommodation, transport, car rental, catering or leisure activities, with the exception of housing services, where a deadline or period for performance has been specified in the contract;
- in respect of digital content provided on a non-tangible medium, if the Seller has begun performance with the consumer's express prior consent and the consumer has, at the same time as giving such consent, acknowledged that he/she will lose the right of withdrawal once performance has begun and the undertaking has sent the consumer a confirmation.
Information on product warranties and guarantees of conformity for consumer contracts
This section of the Consumer Information Notice has been prepared pursuant to the authorisation of Article 9 (3) of Government Decree 45/2014 (II.26.), in accordance with Annex 3 of Government Decree 45/2014 (II.26.)
The Consumer Information applies only to Customers who are consumers, the rules for nonconsumers are set out in a separate chapter.
Contractual performance requirements for consumer contracts
Contractual performance requirements for goods sold under a consumer contract in general and goods containing a digital element
The goods and the performance must comply with the requirements of Government Decree 373/2021 (30.VI.2021) at the time of performance.
In order for performance to be deemed to be in conformity with the contract, the Goods subject to the contract must
- comply with the specifications, 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, brought to the seller's attention by the consumer at the latest at the time of the conclusion of the contract and accepted by the seller
- have all the accessories and instructions for use specified in the contract, including installation instructions, installation instructions and customer support, and
- provide the updates specified in the contract.
In order for performance to be deemed to be in conformity with the contract, the Goods subject to the contract must
- be suitable for the purposes specified for the same type of Goods in the applicable code of conduct in the absence of a legal provision, technical standard or technical standard
- have the quantity, quality, performance and other characteristics, in particular in terms of functionality, compatibility, availability, continuity and safety, which the Consumer can reasonably expect, as is normal for Goods of the same type, taking into account any public statement, in particular in an advertisement or on a label, by the Seller, his representative or any other person in the distribution chain, concerning the specific characteristics of the Goods
- have the accessories and instructions that the consumer could reasonably expect, including packaging and instructions for installation, and
- must correspond to the characteristics and description of the Goods presented by the undertaking as a sample, model or trial version prior to the conclusion of the contract.
The Goods do not have to comply with the above public statement if the Seller proves that
- did not know, and did not need to know, the public statement
- the public statement has been duly corrected by the time the contract is concluded, or
- the public statement could not have influenced the right holder's decision to conclude the contract.
Contractual performance requirements for the sale of goods sold under a consumer contract
The Seller shall be deemed to have performed defectively if the defect in the goods is due to improper installation, provided that
a) the installation is 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 incorrect installation is the result of shortcomings in the installation instructions provided by the Seller or, in the case of goods containing digital elements, by the digital content or digital service provider.
If the contract of sale provides that the goods are to be put into service by the Seller or under the Seller's responsibility, performance shall be deemed to have been completed by the Seller when the putting into service is completed.
If, in the case of goods containing digital elements, the contract of sale provides for the continuous supply of digital content or digital services for a specified period, the Seller is liable for a defect in the digital content of the goods if the defect occurs or becomes apparent within two years of the delivery of the goods in the case of continuous supply for a period not exceeding two years.
Contractual performance requirements for goods containing digital elements sold under a consumer contract
For goods containing digital elements, the Seller must ensure that the consumer is notified of and receives any updates to the digital content of the goods or to the digital service associated with the goods, including security updates, that are necessary to keep the goods in conformity with the contract.
The Seller's obligation to make the update available if the contract of sale
- provides for a one-off supply of digital content or a digital service, the type and purpose of the goods and digital elements and the specific circumstances and nature of the contract are such as the consumer could reasonably expect; or
- provides for the continuous supply of digital content for a specified period, then, for continuous supply for a period not exceeding two years, it must be provided for a period of two years from the date of delivery of the goods.
If the consumer fails to install the provided updates within a reasonable time, the Seller shall not be liable for the defect of the goods if it is solely due to the failure to apply the relevant update, provided that
a) the Seller has informed the consumer of the availability of the update and the consequences of the consumer's failure to install it; and
(b) the failure of the consumer to install the upgrade or the incorrect installation of the upgrade by the consumer is not due to a lack of installation instructions provided by the Seller.
Defective performance cannot be established if, at the time of the conclusion of the contract, the consumer was specifically informed that a particular characteristic of the goods differed from that described here and the consumer expressly accepted this difference at the time of the conclusion of the contract of sale.
Accessories warranty
In which cases can you exercise your right to a warranty?
In the event of defective performance by the Seller, you may assert a claim for warranty against the Seller in accordance with the provisions of the Civil Code and, in the case of consumer contracts, in accordance with the provisions of Government Decree 373/2021 (30.VI.).
What rights do you have under a warranty claim?
You may - at your option - make the following warranty claims:
You may request a repair or replacement, unless one of these is impossible or would impose a disproportionate extra cost on the Seller compared to any other request you have made. If you have not requested or could not request the repair or replacement, you may request a proportionate reduction in the price or, as a last resort, withdraw from the contract.
You can switch from one warranty right to another, but you will bear the cost of the switch unless it was justified or the Seller gave a reason for it.
In the case of a consumer contract, it must be presumed, unless the contrary is proved, that the defect in the goods and the goods incorporating digital elements was discovered within one year of the date of performance of the contract and was already present at the time of performance of the goods, unless this presumption is incompatible with the nature of the goods or the nature of the defect.
In the case of used Goods, the warranty and guarantee rights are usually different from the general rules. In the case of second-hand Goods, defective performance may also be considered, but the circumstances under which the Buyer could have expected certain defects to occur must be taken into account. As a result of ageing, the occurrence of certain defects becomes more frequent and it cannot be assumed that a second-hand Goods can be of the same quality as newly purchased Goods. On this basis, the Buyer may only assert his warranty rights in respect of defects which are in addition to and independent of those resulting from use. If the used Goods are defective and the Customer, being the Consumer, was informed of this at the time of purchase, the Supplier shall not be liable for the known defect.
The Seller may refuse to bring the Goods into conformity with the contract if repair or replacement is impossible or would result in disproportionate additional costs to the Seller, taking into account all the circumstances, including the value of the Goods in their original condition and the seriousness of the breach of contract.
The consumer is also entitled to claim a proportionate reduction of the consideration or to terminate the sales contract, according to the seriousness of the breach of contract, if.
- the Seller has not carried out the repair or replacement, or has carried it out but has not complied, in whole or in part, with the following conditions
- the Seller must ensure the return of the replaced goods at his own expense
- if the repair or replacement requires the removal of goods which were put into service in accordance with the nature and purpose of the goods before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the putting into service of the goods supplied as a replacement or repaired goods or the bearing of the costs of removal or putting into service.
- refused to make the goods conform to the contract
- there is a repeated failure of performance, despite the Seller's attempts to bring the goods into conformity with the contract
- the defect is of such gravity as to justify immediate price reduction or immediate termination of the sales contract, or
- the seller has not undertaken to bring the goods into conformity with the contract, or it is clear from the circumstances that the business will not bring the goods into conformity within a reasonable time or without significant detriment to the consumer.
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 shall be entitled to retain the remaining part of the purchase price, in whole or in part, according to the seriousness of the breach of contract, until the Seller has fulfilled its obligations regarding the conformity of performance and defective performance.
The general rule is that:
- the Seller must ensure the return of the replaced goods at his own expense
- if the repair or replacement requires the removal of goods which were put into service in accordance with the nature and purpose of the goods before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the putting into service of the goods supplied as a replacement or repaired goods or the bearing of the costs of removal or putting into service.
The reasonable time limit for the repair or replacement of the goods shall be calculated from the date on which the Consumer notified the business of the defect.
The consumer must make the goods available to the trader in order to have them repaired or replaced.
The reduction of the consideration is proportionate if it is equal to the difference between the value of the goods to which the Consumer is entitled in the case of contractual performance and the value of the goods actually received by the Consumer.
The Consumer's right to terminate the contract of sale may be exercised by means of a declaration addressed to the Seller expressing the decision to terminate.
If the non-conformity concerns only a specified part of the goods supplied under the sales contract and the conditions for exercising the right to terminate the contract apply in respect of those goods, the Consumer may terminate the sales contract only in respect of the non-conforming goods, but may also terminate it in respect of any other goods acquired with them if the Consumer cannot reasonably be expected to keep only the goods which conform to the contract.
If the Consumer terminates the contract of sale in its entirety or in respect of part of the goods supplied under the contract of sale, the Consumer shall.
- the Consumer must return the goods to the Seller at the Seller's expense; and
- the Seller must reimburse the Consumer for the purchase price paid for the goods concerned as soon as the goods or the certificate of return of the goods is received.
What is the time limit for you to claim your warranty?
You are obliged to report the fault as soon as you discover it. A defect notified within two months of its discovery shall be considered to have been notified without delay. However, you should note that you cannot claim any rights under a guarantee beyond the two-year limitation period from the date of performance of the contract.
The limitation period does not include the part of the repair period during which the Buyer cannot use the Goods for their intended purpose.
For the part of the Goods affected by the replacement or repair, the limitation period for the claim for replacement or repair shall start to run again. This rule shall also apply in the event that a new defect arises as a result of the repair.
If the subject of the contract between the consumer and the business is second-hand goods, the parties may agree on a shorter limitation period; in this case, a limitation period of less than one year cannot be validly agreed.
Who can you claim against?
You may assert a warranty claim against the Seller.
What other conditions are there for the enforcement of your rights under the warranty?
Within one year from the date of performance, you can claim for a replacement goods warranty on no condition other than that you have notified the defect, if you prove that the goods were provided by the Seller. However, after one year from the date of performance, you will have the burden of proving that the defect which you have discovered existed at the time of performance.
Product Warranty
In which cases can you exercise your right to a product guarantee?
In the event of a defect in a movable item (Goods), you may, at your option, claim under the accessories warranty or the product warranty.
What rights do you have under a product warranty claim?
As a product warranty claim, you can only request the repair or replacement of the defective Goods.
In which cases is the Goods considered defective?
Goods are defective if they do not meet the quality requirements in force when they were placed on the market or if they do not have the characteristics described by the manufacturer.
What is the deadline for you to claim under the product warranty?
You have two years from the date the goods were placed on the market by the manufacturer to make a product warranty claim. After this period, you lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You can only exercise your right to claim under a product warranty against the manufacturer or distributor of the movable item. You must prove that the Goods are defective in order to make a product warranty claim.
In which cases is the manufacturer (distributor) exempted from its product warranty obligation?
The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:
- manufactured or placed the Goods on the market in the course of its business, or
- the defect was not detectable according to the state of science and technology at the time it was placed on the market, or
- the defect in the Goods arises from the application of a law or a mandatory requirement of a public authority.
The manufacturer (distributor) only needs to prove one reason for exemption.
Please note that you may not claim both a warranty for accessories and a product warranty for the same defect at the same time. However, if your product warranty claim is successful, you may assert your accessories warranty claim against the manufacturer for the replaced Goods or repaired part.
Good standing
In which cases can you exercise your right to a guarantee?
Pursuant to Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain consumer durables, the Seller is obliged to provide a warranty for the sale of new consumer durables (e.g. technical goods, tools, machines) listed in Annex 1 of the Decree, as well as their accessories and components (hereinafter - in this section - collectively referred to as consumer goods) within the scope specified therein.
In addition, the Seller may also voluntarily provide a warranty, in which case the Buyer, being the Consumer, must be provided with a warranty declaration.
The guarantee statement must be provided to the Consumer on a durable medium, at the latest at the time of delivery of the goods.
It must be indicated in the warranty declaration:
- a clear statement that in the event of defective performance of the goods, the Consumer shall be entitled to exercise the statutory rights of warranty free of charge and that these rights shall not be affected by the warranty
- the name and address of the person liable for the guarantee
- the procedure to be followed by the Consumer to enforce the guarantee
- the identification of the goods to which the guarantee applies, and
- the terms of the guarantee,
- the purchase price of the Goods.
What are your rights and what is the time limit in case of a mandatory guarantee?
Rights of standing
The Customer may, on the basis of his/her warranty right, claim for repair or replacement, request a price reduction in the cases provided for by law, or ultimately withdraw from the contract if the debtor has not undertaken to repair or replace the goods, cannot fulfil his/her obligation within a reasonable period of time without prejudice to the interests of the beneficiary, or if the beneficiary's interest in repair or replacement has ceased.
The Buyer may also, at his/her option, submit the repair claim directly to the Seller's head office, any premises, branch or repair service indicated by the Seller on the warranty ticket.
Validation deadline
Warranty claims can be enforced during the warranty period, the warranty period is in accordance with Government Decree 151/2003 (IX. 22.):
- one year for a sale price of HUF 10 000 or more but not more than HUF 100 000,
- two years for a sale price exceeding HUF 100 000 but not exceeding HUF 250 000,
- Three years above the sale price of HUF 250 000.
Failure to comply with these deadlines will result in the loss of rights, but in the event of repair of the consumer goods, the warranty period will be extended from the date of delivery for repair by the time during which the Customer could not use the consumer goods as intended due to the defect.
The warranty period begins on the date of delivery of the consumer goods to the Customer or, if the installation is carried out by the Seller or his agent, on the date of installation.
If the Customer puts the consumer goods into service more than six months after delivery, the warranty period starts on the date of delivery of the consumer goods.
Rules on the treatment of a warranty claim
In handling the repair, the Seller shall endeavour to make the repair within 15 days. The time limit for repair shall start to run on receipt of the consumer goods.
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 warranty period, the first repair of the consumer goods by the Seller establishes that the consumer goods cannot be repaired, the Seller shall replace the consumer goods within eight days, unless the Buyer has agreed otherwise. If the consumer goods cannot be replaced, the Seller shall reimburse the purchaser within eight days the purchase price indicated on the proof of payment of the price of the consumer goods presented by the consumer, i.e. on the invoice or receipt issued under the VAT Act.
By accepting the GTC, the Customer agrees that the information may be provided to him/her by electronic means or by any other means that can be used to prove receipt by the Customer.
If the Seller is unable to repair the consumer goods within 30 days:
- if the Customer has agreed to this, the repair can be carried out at a later date, or
- if the Customer does not agree to the subsequent performance of the repair or has not made a declaration to this effect, the consumer goods must be replaced within eight days of the expiry of the 30-day period without result, or
- if the Customer does not agree to the subsequent performance of the repair or has not made a declaration to this effect, but the consumer goods cannot be replaced, the sales price on the invoice or receipt for the consumer goods must be refunded to the Customer within eight days of the expiry of the 30-day period without result.
If the consumer goods fail for the 4th time, the Customer is entitled:
- the Seller towards the repair requires to contact you, or
- instead of the claim for rectification, request the Seller to reduce the purchase price proportionately pursuant to Section 6:159 (2) (b) of Act V of 2013 on the Civil Code, or
- to have the consumer goods repaired or otherwise corrected at the Seller's expense instead of the claim for repair pursuant to Section 6:159 (2) (b) of Act V of 2013 on the Civil Code, or
- if the Buyer does not exercise or has not declared these rights (repair, price reduction and other remedies at the Seller's expense), the consumer goods must be replaced within 8 days, and if the consumer goods cannot be replaced, the sales price indicated on the invoice or receipt for the consumer goods must be refunded within 8 days.
Consumer goods subject to the compulsory warranty under Government Decree 151/2003, which are fixed, or which weigh more than 10 kg or cannot be carried as hand luggage on public transport, with the exception of vehicles, must be repaired at the place of use. If the repair cannot be carried out at the place of use, the dismantling, installation, removal and return shall be carried out by the undertaking or, in the case of a request for repair made directly to the repairer, by the repairer.
Exceptions to the guarantee
The rules under "Rules for handling a claim" do not apply to electric bicycles, electric scooters, quad bikes, motorcycles, mopeds, cars, motor caravans, caravans, motor caravans, caravans with trailers, trailers and motorised watercraft.
However, for these Goods, the Seller shall also endeavour to comply with the request for repair 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 warranties and other warranty rights?
Warranty is in addition to warranty rights (product and accessory warranty), the fundamental difference between general warranty rights and warranty is that the burden of proof is lower for the consumer in the case of warranty.
The Seller's voluntary guarantee undertaking must not, during the period of the obligatory guarantee, contain conditions for the consumer which are less favourable than the rights granted by the rules on obligatory guarantees. However, after that period, the conditions of the voluntary guarantee may be freely determined, but the guarantee may not affect the consumer's statutory rights, including those based on the implied warranty.
Request for replacement within three working days
In the case of sales via a webshop, the three working days exchange requirement also applies. A three working day replacement claim is possible for new consumer durables covered by Government Decree 151/2003 (22.IX.), according to which if a replacement claim is made within 3 working days, the seller must interpret this as meaning that the goods were already defective at the time of sale and must replace them without further ado.
When is the Seller released from his warranty obligation?
The Seller shall be released from its warranty obligation only if it proves that the cause of the defect arose after performance.
Please note that you may not make a warranty claim and a guarantee claim or a product warranty claim and a guarantee claim for the same defect at the same time, but you will have the rights under the guarantee irrespective of the warranty rights.
Information on product warranty and guarantee of conformity of goods for Customers who are not consumers
General rules on the rights of accessory warranties
A Buyer who is not a Consumer may, at his/her option, make the following warranty claims:
You may request a repair or replacement, unless one of these is impossible or would impose a disproportionate additional cost on the Seller compared to any other request you have made. If you did not or could not request the repair or replacement, you may request a proportionate reduction in the price or the Buyer may have the defect repaired or replaced at the Seller's expense or, as a last resort, may withdraw from the contract.
You can switch from one warranty right to another, but you will bear the cost of the switch unless it was justified or the Seller gave a reason for it.
In the case of used Goods, the warranty and guarantee rights are usually different from the general rules. In the case of second-hand Goods, defective performance may also be considered, but the circumstances under which the Buyer could have expected certain defects to occur must be taken into account. As a result of ageing, the occurrence of certain defects becomes more frequent and it cannot be assumed that a second-hand Goods can be of the same quality as newly purchased Goods. On this basis, the Buyer may only assert his warranty rights in respect of defects which are in addition to and independent of those resulting from use. If the used Goods are defective and the Customer, being the Consumer, was informed of this at the time of purchase, the Supplier shall not be liable for the known defect.
In the case of buyers who are not consumers, the period of validity of the right to claim under the warranty is 1 year, starting on the date of delivery.
Warranty and Guarantee
Product guarantees and mandatory warranties are only available to customers who are consumers.
If the Seller voluntarily provides a warranty for the Goods, the Seller shall indicate this separately when purchasing the Goods.
If the manufacturer provides a manufacturer's warranty for the Goods that also covers purchasers who are not consumers, this warranty can be claimed directly from the manufacturer.
