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Please note that, by using the website available at webshop.agrokeri.hu/seedersparts.com, you, as a purchaser (consumer), declare that you are familiar with and accept the following General Terms and Conditions, drawn up pursuant to Sections 6:77–6:81 of Act V of 2013 on the Hungarian Civil Code (Ptk.). If you wish to purchase from or actively use our Online Store, please read our General Terms and Conditions carefully and use our services only if you agree with every provision and consider them binding upon you. This document is concluded exclusively in electronic form. The contract governed by the following terms constitutes a distance contract under the Hungarian Civil Code.
Company name: Agrokeri Kft.
Registered office: 4400 Nyíregyháza, Tokaji út 15.
Tax number: 22611701-2-15
Company registration number: Cg. 15 09 075674, Registering company court:
Contract language: Hungarian
Electronic contact: info@agrokeri.hu
Telephone contact: +36 20 343 7884
Contact details of the hosting provider: DomainTank informatikai Kft. 2120 Dunakeszi, Kadosa Pál u.3.
In these general terms and conditions, the service provider is hereinafter referred to as: Service Provider.
2.1. Matters not governed by these Terms and their interpretation are governed by Hungarian law, in particular the relevant provisions of Act V of 2013 on the Civil Code (Ptk.) and Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services. The mandatory provisions of the applicable legislation apply to the parties without any separate stipulation.
2.2. These Terms take effect on 1 June 2019 and remain in force until revoked. The Service Provider may amend the Terms unilaterally. The Service Provider will publish amendments on the website 14 (fourteen) days before they take effect. By using the website, Users accept that all rules relating to its use automatically apply to them.
3.1. The Webshop can be found on the Internet under the URLs https://webshop.agrokeri.hu/ and https://seedersparts.com/.
3.2. A contract according to the General Terms and Conditions is created: by viewing the online store, registering, making a purchase, or any other specific activity that affects the website. By using the services of the Website, the User simultaneously accepts and acknowledges that the provisions of the General Terms and Conditions are binding on him.
3.3. Registration is possible, but mandatory, for placing orders or making purchases in the Online Store. To conclude the contract, the Business must request the personal identification data required under tax and accounting legislation.
3.4. Only natural persons who have reached the age of 18 and have full legal capacity may view the Online Store website or carry out any act on it that entails legal obligations.
3.5. All prices are stated as the gross amount payable in Hungarian forints, including VAT.
3.6. Purchases without prior registration are subject to the same rules as purchases after registration.
3.7. There is no code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.
3.8. If a promotional price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration.
3.9. If, despite all due care by the Service Provider, an incorrect price appears in the Online Store, particularly an obviously incorrect price, for example one that differs significantly from the generally known, generally accepted or estimated price of the product, or a price of “0” HUF or “1” HUF displayed because of a system error, the Service Provider is not obliged to supply the product at the incorrect price. Instead, it may offer delivery at the correct price, in light of which the Customer may decide not to proceed with the purchase.
3.10. An incorrect price creates an obvious disparity between the actual and displayed value of the product, which an average consumer should notice immediately. Under Act V of 2013 on the Civil Code (Ptk.), a contract is concluded through the mutual and corresponding expression of the parties’ intentions. If the parties cannot agree on the contractual terms, meaning that there are no mutually corresponding declarations of intent, no valid contract giving rise to rights and obligations can be considered to have been concluded. Accordingly, an order confirmed at an incorrect or erroneous price is deemed a void contract.
4.1. The displayed products can be ordered online or by phone (Store phone number: +36 30 200 7137). The prices displayed for the products are in HUF and include the statutory VAT, but do not include the home delivery fee. No separate packaging costs will be charged.
4.2. In the Online Store, the Service Provider provides the product name and a detailed description, together with photographs of the products. Images on the product pages may differ from the actual products and are, in some cases, illustrations.
4.3. If a promotional price is introduced, the Service Provider will fully inform Users about the duration of the promotion.
After receiving the product, you have 14 days to return it to us without giving any reason if you decide that you do not need it. In this case, we will refund the full purchase price. The buyer bears the cost of return delivery. Please ensure that the product is in new condition; we cannot accept products that have been installed.
We provide a six-month quality guarantee for all products we sell, so please retain your invoice. Parts manufactured by us carry a 1-YEAR guarantee, further assuring you of the excellent quality of our products.
Selecting the Product
By clicking on the product categories on the website, you can select the desired product family and the individual products within it. Or you can use the product search function, where you can search for the product by name or article number. By clicking on each product, you will find the product's photo, article number, description, and price. In case of purchase, you must pay the price listed on the website.
Add to cart
After selecting the Product, you can click on the "Add to Cart" button to place any number of products in the cart without any obligation to purchase or pay, as adding to the cart does not constitute an offer. Before finalizing the customer's order, it may happen that the given product/products have already been purchased in the meantime and are therefore no longer in stock, therefore the Seller assumes no responsibility.
We recommend adding the product to your cart even if you are not yet sure whether to buy it. This lets you see, with a single click, all products you have currently selected and view and compare them on one screen. You may freely change the contents of the Cart until you finalise the order by pressing the “Finalise order” button. You may remove products, add further products and change the quantities as you wish.
When you add the selected product to the Cart, a separate window appears with the message “The product has been added to your cart!”. If you do not wish to select any more products, click “Proceed to checkout”. To view the selected product again or add another product to the cart, click “Continue shopping”.
Viewing the Cart
While using the website, you can check your cart at any time by clicking the “x products in the cart” icon at the top of the page. Here you may remove selected products or change their quantities. After any change, the system automatically refreshes and displays the updated information, including the prices of the products in the cart.
If you do not wish to select additional products and place them in the cart, you can continue shopping by pressing the "Proceed to checkout" button.
Enter customer data
After you press “Proceed to checkout”, the “Log in” and “Register” buttons appear. If you have already registered with us, simply log in to display your details. If this is your first order, you must create a customer account by clicking “Register”. In the pop-up dialogue box, enter your email address, create a password known only to you, and provide your billing and delivery details. Please read our Privacy Notice before completing your registration. (LINK)
After registration / login
Order overview
Here you can see a summary of the data you provided earlier, such as the contents of the Cart, the user, billing and delivery data and the amount to be paid (you can still edit these data by clicking the "Edit" button).
In the "Check billing and delivery address" text box, the system automatically stores the data entered during registration.
In the "Check products" text box, you can check the contents of the basket and, if necessary, modify them. When purchasing the products you have selected, you must pay the full purchase price.
In the "Select delivery method" box, you must indicate whether you wish to collect the ordered product in person (personal collection) or request home delivery. In case of delivery, the system indicates the delivery fee, which you must pay when placing an order.
You can enter additional information as you wish in the "Remarks on the order" text box.
Once you have checked that the cart contains the products you wish to order and that your details are correct, you can complete your order by clicking “Place order”. The information on the website does not constitute an offer by the Seller to enter into a contract. For orders governed by these General Terms and Conditions, you are the party making the offer. By clicking “Place order”, you expressly acknowledge that your offer is deemed to have been made and that your declaration entails an obligation to pay if the Seller confirms it in accordance with these Terms. Your offer is binding on you for 48 hours. If the Seller does not confirm it by email or telephone within 48 hours in accordance with these Terms, you cease to be bound by your offer.
You can place your order at any time. The Seller will confirm your offer by e-mail no later than on the working day following the sending of your offer. The contract is created when the confirmation email sent by the Seller becomes available to you in your mail system.
Cash on delivery
If you wish to pay for your order upon receiving the parcel, select “Cash on delivery”. When delivery is made by GLS, you can pay by bank card or in cash without prior arrangement. External and internal vouchers or coupons cannot be redeemed with the courier service. Cash on delivery is unavailable if the total order value exceeds HUF 499,999 or the customer’s delivery address is outside Hungary.
Please note that the fee for this service is:
HUF 400 + VAT
Bank transfer
You can also pay for the products by bank transfer.
Personal collection
You can pick up the product in person at our store at 4400 Nyíregyháza, Tokaji út 15. during opening hours (Mon-Fri 8:00 a.m. to 4:30 p.m.) free of charge.
GLS courier service
The product is delivered by the GLS courier service.
12. Performance deadline
The general deadline for fulfilling an order is no more than 8 days from order confirmation. In any other case where a different deadline applies, the Seller and Buyer must jointly agree the intended performance date and record it in writing.
The consumer can submit consumer objections related to the product or the Seller's activities at the following contact details:
The consumer may submit a complaint to the Business orally or in writing concerning conduct, actions or omissions by the Business, or a person acting in its interests or on its behalf, that directly relate to the distribution or sale of goods to consumers.
The Business must examine an oral complaint immediately and remedy it as necessary. If the consumer disagrees with its handling, or the complaint cannot be investigated immediately, the Business must promptly draw up a record of the complaint and its position. For an oral complaint made in person, a copy must be given to the consumer on the spot. For an oral complaint made by telephone or another electronic communications service, a copy must be sent to the consumer together with the substantive response, within 30 days at the latest, in accordance with the rules for responding to written complaints. In all other respects, the rules below for written complaints apply. Unless a directly applicable act of the European Union provides otherwise, the Business must provide a substantive written response to a written complaint and arrange for its communication within thirty days of receipt. Legislation may prescribe a shorter period, and an Act of Parliament may prescribe a longer one. The Business must give reasons for rejecting a complaint. Oral complaints made by telephone or an electronic communications service must be assigned a unique identification number.
The record of the complaint must contain the following:
The company must keep the minutes of the complaint and a copy of the response for five years and present it to the inspection authorities upon request.
If the complaint is rejected, the business must inform the consumer in writing about which authority or conciliation body he can initiate the procedure with his complaint - according to its nature. The information must also include the headquarters, telephone and internet contact details, and mailing address of the competent authority and the conciliation body based on the consumer's place of residence or residence. The information must also cover whether the company uses the conciliation board procedure in order to settle the consumer dispute.
If the consumer dispute that may exist between the Seller and the consumer is not settled during the negotiations, the following legal enforcement options are available to the consumer:
Consumer protection procedure
Filing a complaint with the consumer protection authorities. If the consumer detects a violation of his consumer rights, he is entitled to file a complaint with the competent consumer protection authority according to his place of residence. After evaluating the complaint, the authority decides on the conduct of the consumer protection procedure. The first-level official tasks for consumer protection are carried out by the competent capital and county government offices according to the consumer's place of residence, a list of them can be found here: http://www.kormanyhivatal.hu/
Court proceedings
The Customer may pursue claims arising from a consumer dispute before a court in civil proceedings under Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
Conciliation board procedure
You may submit a consumer complaint against us. If we reject your complaint, you may also apply to the Conciliation Board competent for your permanent or temporary place of residence. Before proceedings can begin, the consumer must attempt to settle the dispute directly with the Business concerned. At the consumer’s request, the conciliation board designated in the application may conduct the proceedings instead of the otherwise competent board.
The company has an obligation to cooperate in the conciliation board procedure.
This includes the obligation to submit a written response when requested by the conciliation board and the obligation to appear before it by ensuring that a person authorised to conclude a settlement attends the hearing.
If the Business’s registered office or establishment is not registered in the county of the chamber operating the territorially competent conciliation board, its duty to cooperate extends to offering the possibility of a written settlement that meets the consumer’s claim.
In the event of breach of the above obligation to cooperate, the consumer protection authority has the authority, based on which, as a result of the change in the law, a mandatory fine must be imposed in case of unlawful behavior of businesses, there is no possibility of waiving the fine. In addition to the Act on Consumer Protection, the relevant provisions of the Act on Small and Medium Enterprises have also been amended, so the imposition of fines cannot be avoided in the case of small and medium enterprises.
In the case of small and medium-sized enterprises, the fine can range from HUF 15,000 to HUF 500,000, while in the case of non-small and medium-sized enterprises with annual net sales exceeding HUF 100 million under the scope of the Accounting Act, it can range from HUF 15,000 to 5% of the company's annual net sales, but not more than HUF 500 million. By introducing the mandatory fine, the legislator aims to emphasize cooperation with conciliation bodies and to ensure the active participation of businesses in the conciliation body procedure.
The conciliation board is responsible for settling consumer disputes outside of court proceedings. The task of the conciliation body is to attempt to reach an agreement between the parties in order to settle the consumer dispute, and in the event of this being unsuccessful, it makes a decision in the case in order to ensure simple, fast, efficient and cost-saving enforcement of consumer rights. At the request of the consumer or the business, the conciliation board provides advice on the rights of the consumer and the obligations of the consumer.
The procedure of the conciliation board starts at the consumer's request. The request must be submitted in writing to the chairman of the conciliation board: the written requirement can be fulfilled by letter, telegram, teletypewriter or fax, as well as by any other means that enables the addressee to store the data addressed to him permanently for a period appropriate to the purpose of the data, and to display the stored data in an unchanged form and content.
The application must include
The document or its copy (extract) whose content the consumer refers to as evidence must be attached to the application, so in particular the written statement of the company on the rejection of the complaint, or, in the absence of this, other written evidence available to the consumer about the attempted negotiation.
If the consumer acts through a proxy, the power of attorney must be attached to the application.
More information about Conciliation Boards is available here: http://www.bekeltetes.hu
More information about the territorially competent Conciliation Boards is available here:
https://bekeltetes.hu/index.php?id=testuletek
The contact details of each territorially competent Conciliation Board:
Szabolcs-Szatmár-Bereg County Conciliation Board
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Phone number: 06-42-311-544
Fax: 06-42-311-750
Email: bekelteto@szabkam.hu
The European Commission has created a website where consumers can register, so they have the opportunity to settle their legal disputes related to online purchases by filling out an application, avoiding court proceedings. In this way, consumers can assert their rights without, for example, distance preventing them from doing so.
If you want to make a complaint about a product or service you bought online and you don't necessarily want to go to court, you can use the online dispute resolution tool.
On the portal, you and the merchant against whom you have filed a complaint can jointly select the dispute resolution body you want to entrust with handling the complaint.
The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Under Section 1(1) of Act LXXVI of 1999 on Copyright (hereinafter: Szjt.), the website constitutes a copyright work and all its parts are protected by copyright. Section 16(1) of the Szjt. prohibits unauthorised use of the website’s graphic and software solutions and computer programs, as well as the use of any application that can modify the website or any part of it. Even with the rights holder’s written consent, material from the website or its database may only be reproduced with a reference to the website and acknowledgement of the source. The rights holder is Agrokeri Kft.
During the ordering process, before finalizing the order, you can change the data you entered at any time (clicking the back button in the browser opens the previous page, so the entered data can be corrected even if you have already moved to the next page). Please note that it is your responsibility to ensure that the data you provide is entered accurately, as the product will be invoiced and delivered based on the data you provided. With your order, you acknowledge that the Seller is entitled to charge you for all damages and costs resulting from your incorrect data entry and inaccurate data. The Seller excludes responsibility for performance based on inaccurate data entry. We would like to draw your attention to the fact that an incorrectly entered e-mail address or the saturation of the storage space belonging to the mailbox may result in the non-delivery of the confirmation and prevent the conclusion of the contract.
If you previously ordered a product but did not accept delivery, except where you exercised your right of withdrawal, or the product was returned to the Seller marked “unclaimed”, the Seller will fulfil your order only upon advance payment of the purchase price and delivery charges.
The Seller may withhold delivery of the Product until satisfied that payment of its price through the electronic payment method has been completed successfully. This includes cases where the Buyer pays by bank transfer in the currency of their Member State and, because of currency conversion, bank commissions or charges, the Seller does not receive the full purchase price and delivery charge. If the Product has not been paid for in full, the Seller may ask the Buyer to pay the outstanding balance.
Consumer information under Government Decree 45/2014 (II. 26.)
Information on the consumer's right of withdrawal
Under Section 8:1(1), point 3 of the Civil Code, a consumer is exclusively a natural person acting outside their trade, profession or business activity. Accordingly, legal persons cannot exercise the right of withdrawal without giving a reason!
Section 20 of Government Decree 45/2014 (II. 26.) grants consumers a right of withdrawal without giving a reason. The consumer may exercise this right
a) in the case of a contract for the sale of goods,
aa) in respect of the product,
ab) where several products are purchased and delivered at different times, in respect of the last product delivered,
within 14 days from the date on which the consumer, or a third party designated by the consumer other than the carrier, receives the product.
The provisions of this clause do not affect the consumer's right to exercise the right of withdrawal specified in this clause during the period between the date of conclusion of the contract and the day of receipt of the product.
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 binding nature of the offer covering the conclusion of the contract.
The consumer may exercise the right granted by Section 20 of Government Decree 45/2014 (II. 26.) by an unequivocal statement to that effect or by using the model declaration available for download from the website.
Validity of the consumer's declaration of withdrawal
The right of withdrawal shall be deemed to have been asserted within the deadline if the consumer's statement is sent within the deadline. The deadline is 14 days.
The consumer bears the burden of proving that he has exercised his right of withdrawal in accordance with this provision.
The Seller is obliged to confirm the consumer's declaration of withdrawal on an electronic data medium after its arrival.
The Seller’s obligations if the consumer withdraws
The Seller's obligation to refund
If the consumer withdraws from the contract under Section 22 of Government Decree 45/2014 (II. 26.), the Seller must refund the full amount paid by the consumer, including costs incurred in connection with performance such as delivery charges, within fourteen days of learning of the withdrawal. This does not cover additional costs resulting from the consumer’s choice of a delivery method other than the least expensive standard delivery method.
Method of reimbursement by the Seller
In the event of withdrawal or termination under Section 22 of Government Decree 45/2014 (II. 26.), the Seller will reimburse the consumer using the same payment method as the consumer used. With the consumer’s express consent, the Seller may use another method, provided the consumer incurs no additional charges as a result. The Seller is not liable for delays caused by an incorrect or inaccurate bank account number or postal address supplied by the Consumer.
Additional costs
If the consumer specifically chooses a mode of transport other than the least expensive usual mode of transport, the Seller is not obliged to reimburse the resulting additional costs. In such a case, we are obliged to refund up to the indicated general delivery charges.
Right of retention
The Seller may withhold reimbursement until the consumer has returned the product or provided conclusive evidence of having sent it back, whichever occurs first. We cannot accept parcels sent cash on delivery or with postage payable by the recipient.
The consumer’s obligations upon withdrawal or termination
Returning the product
If the consumer withdraws under Section 22 of Government Decree 45/2014 (II. 26.), they must return the product or hand it over to the Seller or a person authorised by the Seller without delay and no later than fourteen days after communicating the withdrawal. The return is deemed timely if the consumer dispatches the product before the deadline expires.
Bearing the direct costs related to the return of the product
The consumer bears the direct cost of returning the product. It must be returned to the Seller’s address. If the consumer terminates an off-premises or distance contract for services after performance has begun, they must pay the Business a fee proportionate to the services provided up to the time they communicate the termination. This proportionate amount must be based on the total contractual price including taxes. If the consumer proves that this total is excessive, the proportionate amount must be calculated using the market value of the services provided up to termination. Please note that we cannot accept products returned cash on delivery or with postage payable by the recipient.
Consumer responsibility for depreciation
The consumer is responsible for depreciation resulting from use exceeding the use necessary to determine the nature, properties and operation of the product.
The right of withdrawal cannot be exercised in the following cases
The Seller expressly draws your attention to the fact that the right of withdrawal cannot be exercised in the cases listed in Section 29(1) of Government Decree 45/2014 (II. 26.):
a) in the case of a contract for the provision of a service, after the performance of the service as a whole, if the company started the performance with the express, prior consent of the consumer, and the consumer acknowledged that he loses his right to cancel after the performance of the service as a whole;
b) for goods or services whose price depends on fluctuations in the financial market beyond the Business’s control that may occur during the withdrawal period;
c) for non-prefabricated goods made to the consumer’s instructions or express request, or clearly personalised goods;
d) for goods that are liable to deteriorate or expire rapidly;
e) for sealed goods that are unsuitable for return for health protection or hygiene reasons once unsealed after delivery;
f) with regard to a product which, due to its nature, is inseparably mixed with another product after delivery;
g) with regard to an alcoholic beverage, the actual value of which depends on market fluctuations in a way that cannot be influenced by the company, and the price of which was agreed upon by the parties when the sales contract was concluded, but the performance of the contract only takes place after the thirtieth day from the conclusion of the contract;
h) for contracts where the Business visits the consumer at the consumer’s express request to carry out urgent repairs or maintenance;
i) regarding the sale and purchase of audio and video recordings in sealed packaging, as well as copies of computer software, if the consumer has opened the packaging after delivery;
j) with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;
k) in the case of contracts concluded at a public auction;
l) for contracts for accommodation other than residential accommodation, transport, car rental, catering or services related to leisure activities, where the contract provides for a specific date or period of performance;
m) for digital content not supplied on a tangible medium, if performance began with the consumer’s express prior consent and, when giving that consent, the consumer acknowledged that they would lose their right of withdrawal once performance began.
Statutory warranty for defects
In which case can you exercise your statutory warranty for defects right?
In the event of defective performance by the Seller, you may assert a warranty claim against the Seller in accordance with the rules of the Civil Code.
What rights are you entitled to based on your warranty claim?
You can – according to your choice – make use of the following statutory warranty for defects claims:
You may request repair or replacement unless your chosen remedy is impossible or would involve disproportionate additional costs for the Seller compared with another remedy. If you have not requested, or could not request, repair or replacement, you may request a proportionate price reduction or, as a last resort, withdraw from the contract.
You may switch from your chosen statutory warranty remedy to another, but you must bear the costs of switching unless it was justified or caused by the Seller.
What is the deadline for asserting your warranty claim?
You are obliged to report the error immediately after discovering it, but no later than within two months of discovering the error. At the same time, we would like to draw your attention to the fact that you can no longer assert your statutory warranty for defects rights beyond the two-year limitation period from the completion of the contract.
If the subject of the contract between the consumer and the business is a used item, the parties may also agree on a shorter limitation period; a limitation period of less than one year cannot be validly established in this case either.
Who can you enforce your statutory warranty for defects claim against?
You can enforce your statutory warranty for defects claim against the Seller.
What other conditions are there to assert your statutory warranty for defects rights?
Within 1 year from the date of delivery, there are no other conditions for validating your statutory warranty for defects claim, apart from reporting the defect, if you prove that the product or service was provided by the Seller. However, after 1 year from the date of performance, you are already obliged to prove that the defect you recognized was already present at the time of performance.
In the case of used products, warranty rights differ from the general rules. In the case of used products, we can also speak of defective performance, however, the circumstances under which the Buyer could have expected the occurrence of certain defects must be taken into account. As a result of obsolescence, the occurrence of certain defects becomes more and more frequent, as a result of which it cannot be assumed that a used product can have the same quality as a newly purchased one. Based on this, the Buyer can only enforce its warranty rights with respect to defects that are beyond defects resulting from use and that arose independently of them. If the used product is defective and the Buyer, who is considered a Consumer, received information about this at the time of purchase, the Service Provider is not responsible for the known defect.
In which case can you use your product warranty right?
If a movable item (product) is defective, you may choose to assert either a statutory warranty claim for defects or a product warranty claim.
What rights do you have based on your product warranty claim?
As a product warranty claim, you can only request the repair or replacement of the defective product.
In which case is the product considered defective?
The 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 properties described by the manufacturer.
What is the deadline for asserting your product warranty claim?
You can assert your product warranty claim within two years of the product being placed on the market by the manufacturer. After this deadline, you will lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You may only exercise your product warranty claim against the manufacturer or distributor of the movable item. You must prove the defect of the product in the event of a product warranty claim.
In what cases is the manufacturer (distributor) exempt from product warranty obligations?
The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:
It is sufficient for the manufacturer (distributor) to prove one reason for exemption.
Please note that due to the same fault, you cannot assert an statutory warranty for defects claim and a product warranty claim at the same time, parallel to each other. However, if your product warranty claim is successfully asserted, you can assert your statutory warranty for defects claim for the replaced product or repaired part against the manufacturer.
Guarantee
When can you exercise your rights under the guarantee?
In the event of defective performance, the Seller must provide a guarantee under Government Decree 151/2003 (IX. 22.) on Mandatory Guarantees for Certain Durable Consumer Goods.
Legislation requires a guarantee for durable consumer goods, such as technical equipment, tools and machinery, and their parts, where the purchase price exceeds HUF 10,000.
What rights does the guarantee give you, and within what period?
Government Decree 151/2003 (IX. 22.) on Mandatory Guarantees for Certain Durable Consumer Goods specifies the cases in which a guarantee is mandatory. The Seller does not provide a guarantee for Products outside that scope. Guarantee claims may be asserted within the guarantee period. If the party liable under the guarantee fails to fulfil its obligation within a reasonable period after being called upon by the entitled party, the claim may be brought before a court within three months after the deadline set in that notice, even if the guarantee period has expired. Failure to meet this deadline results in loss of the right. Otherwise, the rules for exercising statutory warranty rights for defects apply as appropriate to guarantee claims. The guarantee period is one year; failure to meet this deadline results in loss of the right. The period starts on the day the goods are handed over to the consumer or, if installation is carried out by the Business or its representative, on the day of installation. Please contact the manufacturer regarding any guarantee claims beyond one year.
How does the guarantee relate to other warranty rights?
The guarantee applies alongside statutory warranty rights for defects and product warranty rights. The main difference is that the burden of proof is more favourable to the consumer under a guarantee.
Durable consumer goods covered by the mandatory guarantee under Government Decree 151/2003 that have a fixed connection, weigh more than 10 kg or cannot be carried as hand luggage on public transport must be repaired at their place of use, except for vehicles. If repair there is impossible, the Business must arrange removal, reinstallation and transport to and from the repair location. Where the repair claim is made directly to a repair service, that service must make these arrangements.
During the mandatory guarantee period, the Seller’s undertaking may not impose conditions less favourable to the consumer than the rights provided by the mandatory guarantee rules. Afterwards, following one year, the terms of a voluntary guarantee may be freely determined, but even then the guarantee may not affect the consumer’s statutory rights, including statutory warranty rights for defects.
Request for replacement within three working days
The right to request replacement within three working days also applies to sales through an Online Store. This right may be exercised for durable consumer goods covered by Government Decree 151/2003 (IX. 22.). If a replacement is requested within three working days, the Seller must treat the product as having been defective at the time of sale and replace it without further conditions.
When is the Seller released from its guarantee obligation?
The Seller is released from its guarantee obligation only if it proves that the cause of the defect arose after performance.
Please note that you cannot simultaneously assert a statutory warranty claim for defects and a guarantee claim, or a product warranty claim and a guarantee claim, for the same defect. Otherwise, your rights under the guarantee apply independently of your statutory warranty entitlements.
Nyíregyháza, 28 August 2024.