General terms and conditions (GTC)
https://brilliantwater.eu/en – effective from this date: 01-01-2022
If you have any questions about these General Terms and Conditions, the use of the website, the individual products, the purchase process, or if you would like to discuss your individual needs with us, please contact our staff at the contact details provided!
Imprint : details of the Service Provider (Seller, Company).
Name: Brillant Water Kft.
Headquarters: 1023 Budapest, Frankel Leó utca 21-23. fst. 7.
Mailing address: 1023 Budapest, Frankel Leó utca 21-23. fst. 7.
Shop, collection point address: 1023 Budapest, Frankel Leó utca 21-23. fst. 7.
Registering authority: Capital Court
Company registration number: 01-09-999849
Tax number: 24284822-2-41
Representative: Csaba Vida
Phone number: (+36) 30/7465789
Bank account number: IBAN: HU73 1040 3356 5052 6683 8089 1018
Hosting provider data:
+36 1 789-2-789
1097 Budapest, Könyves Kálmán körút 12-14.
Website: https:// tarhely.eu
Goods: offered on the Website and intended for sale on the Website:
- movable thing, including water, gas and electricity in containers, bottles or otherwise in limited quantities or with a specified volume, and
- a movable thing that includes or is connected to digital content or a digital service in such a way that in the absence of the relevant digital content or digital service, the goods could not perform their functions (hereinafter: the goods containing digital elements)
Goods containing digital elements: movable things that contain or are linked to digital content or digital services in such a way that the goods would not be able to perform their functions in the absence of the digital content or digital service concerned
Parties: Seller and Buyer together
Consumer: a natural person acting outside the scope of his profession, independent occupation or business activity
Consumer contract: a contract, one of whose subjects is considered a consumer
Functionality: the ability of a good containing digital elements, digital content or a digital service to perform functions appropriate to its purpose
Manufacturer: the producer of the Goods, in the case of imported Goods, the importer bringing the Goods into the territory of the European Union, as well as any person who, by indicating the name, trademark or other distinguishing mark of the Goods, presents himself as a manufacturer
Interoperability: the ability of a good, digital content or digital service containing digital elements to work with hardware and software different from that with which the same type of good, digital content or digital service is normally used
Compatibility: the ability of a good, digital content or digital service containing digital elements to work – without the need for conversion – with hardware or software with which goods, digital content or digital services of the same type are normally used together
Website: this website, which serves to conclude the contract
Contract: A sales contract created between the Seller and the Buyer using the Website and electronic correspondence
Durable data medium: any device that enables the consumer or the business to store the data addressed to him/her personally in a manner that is still accessible in the future and for a period appropriate to the purpose of the data, as well as to display the stored data in an unchanged form
Device enabling communication between absent parties: a device that is suitable for making a contract statement in the absence of the parties – in order to conclude a contract. Such a device is, in particular, an addressed or unaddressed form, a standard letter, an advertisement published in a press product with an order form, a catalog, a telephone, a fax machine and a device providing Internet access.
Absentee contract: a consumer contract that is concluded without the simultaneous physical presence of the parties within the framework of a distance selling system organized for the provision of goods or services in accordance with the contract, in such a way that, in order to conclude the contract, the contracting parties use a device that enables communication between absent parties only
Business: a person acting in the scope of his profession, independent occupation or business activity
Buyer/You: person entering into a contract making a purchase offer via the Website
Warranty: In the case of contracts concluded between the consumer and the business (hereinafter: consumer contract), according to the Civil Code,
- the guarantee undertaken for the performance of the contract, which the company undertakes voluntarily in addition to or in the absence of its legal obligation for the proper performance of the contract, and
- the mandatory warranty based on the law
Purchase price: consideration to be paid for the Goods and the digital content service.
Relevant legislation: The Contract is governed by the provisions of Hungarian law, and in particular the following legislation applies:
CLV of 1997. act on consumer protection
CVIII of 2001 Act on certain issues of electronic commercial services and services related to the information society
Act V of 2013 on the Civil Code
151/2003. (IX.22.) government decree on the mandatory warranty for consumer durables
45/2014. (II.26.) government decree on the detailed rules of contracts between the consumer and the business
19/2014. (IV.29.) NGM decree on the procedural rules for managing warranty and guarantee claims for things sold under the contract between a consumer and a business
LXXVI of 1999 law on copyright
CXII of 2011 Act on the right to self-determination of information and freedom of information
REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (February 28, 2018) on action against unjustified territory-based content restrictions and other forms of discrimination based on the customer’s nationality, place of residence or establishment within the internal market, and 2006/ 2004/EC and Regulation (EU) 2017/2394, and amending Directive 2009/22/EC
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (April 27, 2016) on the protection of natural persons with regard to the processing of personal data and on the free flow of such data, and on the repeal of Regulation 95/46/EC (general data protection regulation)
373/2021 on the detailed rules of contracts for the sale and purchase of goods and the provision of digital content and digital services between a consumer and a business. (VI. 30.) Government decree
Scope and acceptance of the General Terms and Conditions
The content of the contract between us is determined – in addition to the provisions of the relevant binding legislation – by these General Terms and Conditions (hereinafter: GTC). Accordingly, these Terms and Conditions contain the rights and obligations of you and us, the conditions for the conclusion of the contract, the performance deadlines, the delivery and payment conditions, the liability rules, and the conditions for exercising the right of withdrawal.
The technical information required to use the Website, which is not contained in these Terms and Conditions, is provided by other information available on the Website.
Before finalizing your order, you must familiarize yourself with and accept the provisions of these GTC.
The language of the contract, the form of the contract
The language of the contracts covered by these GTC is Hungarian.
Contracts falling within the scope of these GTC are not written contracts, they are not filed by the Seller.
Our company CXXVII of 2007. Act § 175. uses an electronic invoice according to By accepting these GTC, you give your consent to the use of the electronic invoice.
Prices are in EUR and include 27% VAT. The possibility that the Seller may change the prices for reasons of business policy cannot be ruled out. Changes to prices do not apply to contracts already concluded. If the Seller has indicated the price incorrectly and an order has been received for the Goods, but the parties have not yet concluded a contract, the Seller will act on the basis of the “Incorrect price procedure” section of the General Terms and Conditions.
Procedure in case of incorrect price
It is considered an obviously erroneously indicated price:
EUR 0 price,
a price reduced with a discount, but the discount is incorrectly stated (e.g.: in the case of a EUR 100 product, with a 20% discount, the product is offered for EUR 50).
In the case of an incorrect price, the Seller offers the possibility of purchasing the Goods at the real price, with which information the Buyer can decide whether to order the Goods at the real price or cancel the order without any adverse legal consequences.
Complaint handling and legal enforcement options
The consumer can submit consumer objections regarding the Goods or the Seller’s activities at the following contact details:
Customer service office location: 1023 Budapest, Frankel Leó utca 21-23. fst. 7.
Customer service opening hours:
Phone: (+36) 30/746-5789
Internet address: https://brillantwater.eu
Entry in the book of buyers. The customer’s book is available at the Seller’s store (customer service). The Seller will respond in writing to entries made here within 30 days.
The consumer can verbally or in writing communicate his complaint to the company, which concerns the conduct, activity or omission of the company or a person acting in the interest or benefit of the company that is directly related to the distribution or sale of the goods to consumers.
The company is obliged to investigate the verbal complaint immediately and remedy it as necessary. If the consumer does not agree with the handling of the complaint, or the immediate investigation of the complaint is not possible, the company is obliged to record the complaint and its position on it without delay, and to hand over a copy of it to the consumer on the spot in case of a verbal complaint made in person. In the case of a verbal complaint communicated by telephone or using other electronic communication services, it must be sent to the consumer at the latest within 30 days – in accordance with the regulations for the response to a written complaint – at the same time as the substantive response. In other respects, he is obliged to act as follows regarding the written complaint. If the directly applicable legal act of the European Union does not provide otherwise, the company must answer the written complaint in writing within thirty days after its receipt and take measures to communicate it. A shorter deadline than this can be established by law, a longer deadline by law. The company is obliged to justify its position rejecting the complaint. The company must assign a unique identification number to the verbal complaint communicated by telephone or using an electronic communication service.
The record of the complaint must contain the following:
- name and address of the consumer,
- the place, time and method of presenting the complaint,
- a detailed description of the consumer’s complaint, a list of documents, documents and other evidence presented by the consumer,
- the company’s statement on its position regarding the consumer’s complaint, if the complaint can be investigated immediately,
- the signature of the person taking the minutes and – with the exception of verbal complaints communicated by telephone or other electronic communication services – the signature of the consumer,
- the place and time of taking the minutes,
- in the case of a verbal complaint communicated by telephone or using other electronic communication services, the unique identification number of the complaint.
The company must keep the minutes of the complaint and a copy of the response for three years and present it to the inspection authorities upon request.
In case of rejection of the complaint, the business is obliged to 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 any consumer dispute between the Seller and the consumer is not settled during the negotiations, the following legal enforcement options are open to the consumer:
Consumer protection procedure
It is possible to lodge a complaint with the Hungarian consumer protection authorities. If the consumer notices a violation of his consumer rights, he is entitled to file a complaint with the competent consumer protection authorit. After evaluating the complaint, the authority decides on the conduct of the consumer protection procedure. The first-level official tasks for consumer protection are performed by the capital and county government offices competent according to the consumer’s place of residence, a list of them can be found here: http://www.kormanyhivatal.hu/
The customer is entitled to assert his claim arising from a consumer dispute before the court in the framework of civil proceedings in accordance with Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure. according to the provisions of the law.
Conciliation board procedure
We inform you that you can file a consumer complaint against us. If we reject your consumer complaint, you are also entitled to contact the Hungarian Conciliation Boardthe condition for initiating the proceedings of the conciliation board is that the consumer directly attempts to settle the dispute with the concerned business. Based on the consumer’s request, the conciliation body specified in the consumer’s request is responsible for the procedure instead of the competent body.
The company has an obligation to cooperate in the conciliation board procedure.
As part of this, businesses are required to send a response to the conciliation board’s invitation, and the obligation to appear before the conciliation board (“ensuring the participation of a person authorized to establish a settlement at the hearing”) is recorded as an obligation.
If the company’s seat or location is not registered in the county of the chamber that operates the territorially competent conciliation body, the company’s obligation to cooperate extends to offering the possibility of concluding a written agreement that meets the consumer’s needs.
In the case of breach of the above obligation to cooperate, the consumer protection authority has the power to impose mandatory fines in case of unlawful behavior of businesses as a result of the change in legislation, 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 either.
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, the fine can range from HUF 15,000 to 5% of the company’s annual net sales up to , but may extend to a maximum of 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 board is to attempt to reach an agreement between the parties for the purpose of settling the consumer dispute, and in the event of this being unsuccessful, it makes a decision on the matter 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 body 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 displaying the stored data in unchanged form and content. The application must include
- the consumer’s name, place of residence or location,
- the name, registered office or site of the company affected by the consumer dispute,
- if the consumer designates the requested body instead of the competent conciliation body,
- a brief description of the consumer’s position, the facts supporting it and their evidence,
- the consumer’s statement that the consumer directly attempted to settle the disputed matter with the concerned business
- the consumer’s statement regarding the fact that he did not initiate the procedure of another conciliation body in the case, no mediation procedure was initiated, no claim letter was submitted, and no application for the issuance of a payment order was submitted,
- the motion for the board’s decision,
- the consumer’s signature.
The document or its copy (extract) whose content the consumer cites as evidence must be attached to the application, so in particular the written statement of the company about 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 the Conciliation Boards is available here: http://www.bekeltetes.hu
More information about the territorially competent Conciliation Boards is available here:
Online dispute resolution platform
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
In the case of foreign customers, Brillant Water Kft. obligatorily applies the Hungarian jurisdiction in the case of dispute settlement and is entitled to act according to the rules published on its website by the Arbitration Court operating under the MKIK.: https://mkik.hu/valaszttbirosag
Partial invalidity, code of conduct
If any point of the General Terms and Conditions is legally incomplete or invalid, the other points of the contract will remain in force and the provisions of the relevant legislation shall apply instead of the invalid or incorrect part.
The Seller does not have a code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.
Information on the operation of goods containing digital elements, as well as on the applicable technical protection measure
The availability of the servers providing the data displayed on the website is over 99.9% per year. The entire data content is regularly backed up, so in the event of a problem, the original data content can be restored. The data displayed on the website are stored in MSSQL and MySQL databases. Sensitive data is stored with an appropriate level of encryption, and hardware support built into the processor is used to encode it.
Information on the essential properties of the Goods
On the website, we provide information on the essential properties of the Goods that can be purchased in the descriptions of each of the Goods.
Correction of data entry errors – Responsibility for the veracity of the data provided
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 Goods will be invoiced and delivered based on the data you provide. 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 lack of delivery of the confirmation and prevent the conclusion of the contract. If the Buyer has finalized his order and discovers an error in the given data, he must initiate the modification of his order as soon as possible. The Buyer can notify the Seller of changes to the incorrect order by sending a letter from the e-mail address provided at the time of the order or by calling the Seller.
Use of the website
The purchase is subject to registration.
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. 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 shown on the website.
Add to cart
After selecting the Product, you can click on the “Add to cart” button to add any number of products to the cart without any obligation to purchase or pay, as adding to the cart does not constitute an offer.
We recommend that you place the product in the basket even if you are not sure whether you want to buy the specific product, because this will give you an overview of the products you have selected at the moment and display them on one screen with one click. can view and compare. The contents of the basket can be modified freely until the order is finalized – until the “Send order” button is pressed, products can be removed from the basket as desired, new products can be added to the basket as desired, and the desired number of products can be changed.
If you place the selected product in the Basket, a separate window will pop up with the text “The product has been added to the basket”. If you do not wish to select more products, click the “View basket” button! If you want to see the selected product again or add a new product to the cart, click the “Back to product” button!
Viewing the Cart
When using the website, you can check the contents of the basket at any time by clicking on the “Basket” icon at the top of the website. Here you have the option to remove the selected products from the basket or change the number of the product. After pressing the “Update cart” button, the system displays the information corresponding to the data you have changed, including the price of the products added to the cart.
If you do not wish to select additional products and place them in the basket, you can continue shopping by pressing the “Proceed to Checkout” button.
Enter customer data in the Checkout
After pressing the “Checkout” button, the contents of the basket will be displayed, as well as the total purchase price to be paid if you purchase the products you have selected. In the “Order” box, you must indicate whether you wish to collect the ordered product in person (personal collection) or request delivery. In case of delivery, the system indicates the delivery fee, which you must pay when placing an order.
You can enter your full name, address, phone number and email address in the “Billing information” text box. If you request delivery to a different address, please check the box “Delivery to another address?” before the text, so you have the option to enter a different delivery address. You can enter any additional information in the “Comment” text box.
Review and close the order
After filling in the above text boxes, we recommend that you check the entered data again. If you found all the data correct, you can close and send your order by clicking on the “SEND ORDER” button. After sending the order, you will be taken to a summary page where you can review the order data. If any data is incorrect or if you want to change your order, please let us know as soon as possible via one of our contacts or simply reply to the confirmation letter!
Finalizing the order (making an offer)
If you are convinced that the contents of the basket correspond to the Goods you want to order, and that your data is correct, you can complete your order by clicking the “SEND ORDER” button. The information provided on the website does not constitute an offer to conclude a contract on the part of the Seller. In the case of orders falling under the scope of these GTC, you are considered to be the offeror.
By pressing the “SEND ORDER” button, you expressly acknowledge that your offer must be considered as made, and that your statement – in the event of confirmation by the Seller in accordance with these GTC – entails a payment obligation. You are bound by your offer for a period of 48 hours. If your offer is not confirmed by the Seller within 48 hours according to these general terms and conditions, you will be released from your obligation to make an offer.
Order processing, contract creation
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.
- Bank card payment through the Simple Online Payment System
In our online store, you can pay quickly and securely by bank card.
- Bank Transfer
You can also pay for the products by bank transfer.
- Cash on delivery
Choose this payment method if you pay the courier in cash or by bank card or you would like to pay with our company in cash or by credit card.
- Cash payment
You have the option to pay the price of the product in cash at our company upon receiving the product.
Simple bank card payment (OTP group)
The Simple Online Payment System is developed and operated by OTP Mobil Kft. OTP Mobil Kft. is a member of the OTP Group.
Customers using the service can choose Simple’s simple and secure payment solution for online purchases. You can then make your payment as usual, on the Simple interface.
The payment process is the same as the payment procedure offered in the framework of similar services of banks. Keeping in mind the security of the user, i.e. the cardholder, Simple continuously monitors transactions during the service and provides assistance in preventing unexpected events.
When using the Simple Online Payment System, the customer acknowledges that the following personal data stored by the Data Controller (Brillant Water Kft.; Headquarters: 1023 Budapest, Frankel Leó utca 21-23. fszt. 7.) in the user database of www.brillantwater.eu are transferred to OTP Mobil Kft. as a data processor. Scope of data transmitted by the Data Controller:
– customer’s bank card number, expiry date and CVC code
– buyer’s name, e-mail address
Our company uses the Billingo invoicing program and issues electronic invoices, more information: https://billingo.hu
WHAT ARE THE TRANSACTION STEPS?
By clicking on the “Payment” button, you will be taken to Simple’s payment page, where you can start the transaction by entering your bank card details.
After entering the card data, please check the correctness of the data.
The processing of the transaction starts in the bank’s processing systems.
You will also be notified of the result of your payment by e-mail, and the Simple system will redirect you to the website of the online store.
More information: https://www.simple.hu/Fooldal
Regarding the order, the general delivery deadline is a maximum of 5-8 days from the confirmation of the order. In case of delay by the Seller, the Buyer is entitled to set an additional deadline. If the Seller does not perform within the additional deadline, the Buyer is entitled to withdraw from the contract.
Reservation of rights, ownership clause
If you previously ordered Goods without receiving them during delivery (not including the case when you exercised your right of withdrawal), or if the Goods were returned to the seller with a not wanted mark, the Seller will fulfill the order with the purchase price and the obligates you to pay shipping costs in advance.
The Seller may withhold delivery of the Goods until he is satisfied that the payment of the price of the Goods has been successfully made using the electronic payment solution (including the case where, in the case of Goods paid by bank transfer, the Buyer transfers the purchase price and the conversion in the currency of his Member State, and due to bank commissions and costs, the Seller does not receive the full amount of the purchase price and the delivery fee). If the price of the Goods has not been paid in full, the Seller may ask the Buyer to supplement the purchase price.
The Seller does not distinguish between Buyers in the territory of Hungary and outside the territory of the European Union using the Website. In the absence of a different provision of these GTC, the Seller ensures the delivery/receipt of the ordered Goods in the territory of Hungary.
The provisions of these General Terms and Conditions apply to purchases outside of Hungary as well, with the fact that, based on the provisions of the relevant regulation, a consumer who is a citizen of a Member State or has a place of residence in a Member State, or a business that has a place of business in a Member State, is considered a buyer in the interpretation of this point . and within the European Union buys goods or uses services for the sole purpose of end use, or acts with such intent. A consumer is a natural person who acts for a purpose that is outside the scope of his commercial, industrial, craft or professional activities.
The language of communication and purchase is primarily Hungarian, the Seller is not obliged to communicate with the Buyer in the language of the Buyer’s home country.
The Seller is not obliged to comply with the non-contractual requirements set out in the national law of the Buyer’s Member State in relation to the relevant Goods, such as labeling or sector-specific requirements, or to inform the Buyer of these requirements.
Unless otherwise specified by the Seller, Hungarian VAT applies to all Goods.
The Customer may exercise his legal rights in accordance with these Terms and Conditions.
If an electronic payment solution is used, the payment is made in the currency specified by the Seller,
The Seller may withhold the delivery of the Goods until he is satisfied that the payment of the price of the Goods and the delivery fee has been successfully and fully made using the electronic payment solution (including the case when, in the case of Goods paid by bank transfer, the Buyer transfers in the currency of his Member State due to the purchase price (delivery fee) and the conversion, as well as bank commissions and costs, the Seller does not receive the full amount of the purchase price). If the price of the Goods has not been paid in full, the Seller may ask the Buyer to supplement the purchase price.
In order to hand over the Goods, the Seller also provides non-Hungarian Buyers with the same handover options as Hungarian Buyers.
If, according to the General Terms and Conditions, the Customer may request the delivery of the Goods to the territory of Hungary or to the territory of any other European Union member state, the non-Hungarian customer may also request this by any of the delivery methods indicated in the General Terms and Conditions.
If, according to the General Terms and Conditions, the Buyer can choose to receive the Goods in person from the Seller, this can also be used by non-Hungarian Buyers.
In other cases, the Buyer may request that the Goods be transported abroad at his own expense. Hungarian Buyers are not entitled to this right.
The Seller fulfills the order after payment of the delivery fee, if the Buyer does not pay the delivery fee to the Seller, or does not resolve the delivery itself by the pre-agreed date, the Seller will terminate the contract and refund the pre-paid purchase price to the Buyer .
The Brillant Water Kft., Matrix Drops distributes preparations that are not considered medicinal or medicinal based on the current legislation, the effectiveness of the products is supported by decades of experience.
The product information and other advice on the website are not a substitute for proper medical care for health problems, and the effectiveness of the products in preventing diseases is not medically known. The products and claims made through this website have not been evaluated by government institutions, and the information on this website is not intended to diagnose, directly treat, or prevent disease. The information is for informational purposes only and is not a substitute for the advice, recommendation or prescription of a physician or other healthcare professional.
The indications of the products are for informational purposes only, and the European Food Safety Authority (EFSA) has not confirmed them, so they are not considered medicines or medicinal products.
Registered customers must take note of the above liability rules before starting the purchase of any product, without the declaration they are not entitled to purchase or to deliver or sell the products.
Information on the consumer’s right of withdrawal
As a consumer, the Civil Code 8:1. According to § 1, point 3, only a natural person acting outside the scope of his profession, independent occupation or business activity is considered, so legal entities cannot use the right of withdrawal without justification!
45/2014. (II. 26.) According to § 20 of the Government Decree, you have the right to cancel without giving reasons. The consumer has the right of withdrawal
a) In the case of a contract for the sale of goods
aa) to the Goods,
ab) when buying and selling several Goods, if the individual Goods are delivered at different times, to the last delivered Goods,
it can be exercised within the deadline starting from the date of receipt by the consumer or a third party indicated by him, other than the carrier, which deadline is 14 days.
45/2014. (II. 26.) The cancellation period provided by government decree is 14 days, the cancellation period agreed by the Seller in these GTC is a voluntary commitment in addition to what is written in the law.
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 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 binding nature of the offer covering the conclusion of the contract.
Declaration of withdrawal, exercise of the consumer’s right of withdrawal or termination
45/2014, the consumer (II. 26.) You can exercise your right guaranteed in § 20 of the Government Decree by means of a clear declaration to this effect.
Validity of the consumer’s declaration of withdrawal
The right of withdrawal shall be deemed to have been asserted within the time limit if the consumer sends his statement within the time limit. The deadline is 14 days.
In case of withdrawal or termination in writing, it is sufficient to send the withdrawal or termination statement within 14 days.
45/2014. (II. 26.) The cancellation period provided by government decree is 14 days, the cancellation period agreed by the Seller in these GTC is a voluntary commitment in addition to what is written in the law.
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.
Obligations of the Seller in case of cancellation by the consumer
The Seller’s obligation to refund
If the consumer is the 45/2014. (II. 26.) withdraws from the contract in accordance with § 22 of the Government Decree, the Seller shall refund the full amount paid by the consumer as compensation, including the costs incurred in connection with the performance, such as the delivery fee, within fourteen days of becoming aware of the withdrawal at the latest too. Please note that this provision does not apply to additional costs caused by choosing a mode of transport other than the least expensive standard mode of transport.
Method of the Seller’s refund obligation
45/2014. (II. 26.) In case of withdrawal or termination in accordance with § 22 of the Government Decree, the Seller will refund the amount due to the consumer in the same way as the payment method used by the consumer. Based on the express consent of the consumer, the Seller may use another payment method for the refund, but the consumer may not be charged any additional fees as a result. The Seller is not responsible for delays due to a wrongly and/or inaccurately provided bank account number or postal address by the Consumer.
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 the amount due to the consumer until the consumer has returned the Goods or proven beyond doubt that he has returned them; of the two, the earlier date must be taken into account. We are unable to accept shipments 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 is the 45/2014. (II. 26.) withdraws from the contract in accordance with § 22 of the Government Decree, must return the Goods immediately, but no later than fourteen days from the notification of withdrawal, or hand them over to the Seller or a person authorized by the Seller to receive the Goods. The return is deemed completed within the deadline if the consumer sends the Goods before the deadline.
Bearing 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 the service provision contract concluded off-premises or between absent parties after the beginning of the performance, he is obliged to pay the company a fee commensurate with the service performed up to the date of notification of the termination to the company. The amount to be paid proportionately by the consumer must be determined on the basis of the total amount of the consideration established in the contract plus tax. If the consumer proves that the total amount determined in this way is excessively high, the proportional amount must be calculated based on the market value of the services performed up to the date of termination of the contract. Please note that we are unable to accept goods returned by cash on delivery or by postage.
Consumer responsibility for depreciation
The consumer is responsible for the depreciation resulting from use exceeding the use necessary to determine the nature, properties and operation of the Goods.
The right of withdrawal cannot be exercised in the following cases
The Seller specifically draws your attention to the fact that you may not exercise your right of withdrawal pursuant to Section 29 of Government Decree 45/2014 (II.26.). In the cases included in paragraph (1):
- after the full performance of the service, however, if the contract creates a payment obligation for the consumer, this exceptional case can only be invoked if the performance began with the express prior consent of the consumer and the consumer’s acknowledgment that he loses his right of withdrawal as soon as the business fully fulfilled the contract;
- with regard to Goods or services whose price or fee depends on the possible fluctuation of the financial market, even during the period specified for the exercise of the right of withdrawal, which cannot be influenced by the company;
- in the case of non-pre-manufactured Goods that have been produced based on the instructions or at the express request of the consumer, or in the case of Goods that have been clearly tailored to the consumer;
- with regard to goods that are perishable or retain their quality for a short time;
- with regard to Goods with closed packaging, which cannot be returned for reasons of health protection or hygiene after being opened after delivery;
- with regard to Goods which, by their nature, are inseparably mixed with other Goods after delivery;
- with regard to an alcoholic beverage, the actual value of which depends on market fluctuations in a manner beyond the company’s control, and the price of which was agreed upon by the parties when concluding the sales contract, but the performance of the contract will only take place after the thirtieth day from its conclusion;
- in the case of a business contract in which the business visits the consumer at the express request of the consumer in order to carry out urgent repair or maintenance work;
- with regard to 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;
- with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;
- in the case of contracts concluded at a public auction;
- with the exception of housing services, in the case of a contract for the provision of accommodation, transport, car rental, catering or a service related to leisure activities, if a deadline or deadline for performance defined in the contract has been agreed;
- with regard to digital content provided on a non-material data carrier, if the Seller has started performance with the express, prior consent of the consumer, and at the same time as this consent the consumer has declared that he/she will lose his/her right of withdrawal after the start of performance, and the company has sent a confirmation to the for the consumer.
Requirements for contractual performance
The requirements for contractual performance generally apply to goods sold under a consumer contract and goods containing a digital element
At the time of delivery, the Goods and the delivery must comply with Regulation 373/2021. (VI.30.) to the requirements contained in the Government Decree.
In order for the performance to be considered contractual for the Goods that are the subject of the contract
- it must correspond to the description, quantity, quality, type included in the contract, and must have the functionality, compatibility, interoperability and other characteristics specified in the contract
- must be suitable for any purpose specified by the consumer, which the consumer brought to the Seller’s attention at the latest when the contract was concluded, and which the Seller accepted
- must have all the accessories and user manuals specified in the contract – including commissioning instructions, installation instructions, and customer service support – and
- you must provide the updates specified in the contract.
In order for the performance to be deemed to be in accordance with the contract – in addition – to the Goods that are the subject of the contract
- it must be suitable for the purposes that, in the case of the same type of Goods, are prescribed by law, technical standard or, in the absence of a technical standard, by the governing code of conduct
- it must have the quantity, quality, performance and other characteristics that the Consumer can reasonably expect – especially in terms of functionality, compatibility, accessibility, continuity and safety – which is usual for the same type of Goods, taking into account the Seller, its representative or another person participating in the sales chain makes a public statement about the specific properties of the Goods – especially in an advertisement or on a label
- must have the accessories and instructions that the consumer can reasonably expect – including packaging and installation instructions – and
- it must correspond to the characteristics and description of the Goods presented by the company as a sample or model or made available as a trial version prior to the conclusion of the contract.
The Goods need not comply with the above public statement if the Seller proves that
- he didn’t know the public statement, and he didn’t need to know it
- the public statement has already been properly corrected by the time of the conclusion of the contract or
- the public statement could not influence the right holder’s decision to enter into a contract.
Requirements for contractual performance in the case of the sale of goods sold under a consumer contract
The Seller performs incorrectly if the defect in the goods results from improper installation, provided that
a) commissioning is part of the sales contract and was carried out by the Seller or was carried out under the Seller’s responsibility; obsession
b) the commissioning had to be carried out by the consumer, and the unprofessional commissioning is the result of deficiencies in the commissioning instructions provided by the Seller – or in the case of goods containing digital elements – by the digital content or digital service provider.
If, according to the sales contract, the goods are put into operation by the Seller, or the putting into operation takes place under the responsibility of the Seller, the performance must be considered completed by the Seller when the putting into operation is completed.
If, in the case of goods containing digital elements, the sales contract provides for the continuous provision of digital content or digital services over a specified period of time, the Seller is liable for a defect in the goods related to the digital content, if the defect occurs in the case of continuous service for a period not exceeding two years from the delivery of the goods in two years; or occurs or becomes recognizable.
Requirements for contractual performance in the case of goods containing digital elements sold within the framework of a consumer contract
In the case of goods containing digital elements, the Seller must ensure that the consumer is notified of any updates to the digital content of the goods or the related digital service – including security updates – which are necessary to maintain the conformity of the goods with the contract, and must also ensure that the consumer you get them too.
Making the update available to the Seller if the sales contract
- provides for a one-time service of the digital content or digital service, then it can reasonably be expected by the consumer based on the type and purpose of the goods and digital elements, as well as the unique circumstances and the nature of the contract; obsession
- provides for continuous service of the digital content over a specified period, then in the case of continuous service of a duration not exceeding two years, it must be provided over a period of two years from the delivery of the goods.
If the consumer does not install the provided updates within a reasonable time, the Seller is not liable for the defect of the goods, if it arises solely from the failure to apply the relevant update, provided that
a) the Seller informed the consumer about the availability of the update and the consequences of the consumer’s failure to install it; and
b) failure to install the update by the consumer or incorrect installation of the update by the consumer cannot be attributed to the incompleteness of the installation instructions provided by the Seller.
Defective performance cannot be established if, at the time of concluding the contract, the consumer received special information that a specific property of the goods differs from what is described here, and at the time of concluding the sales contract, the consumer separately and expressly accepted this deviation.
Information on the product warranty and accessory warranty for the guarantee of the conformity of the goods
This section of the consumer information was prepared by taking into account Annex No. 3 of Government Decree 45/2014 (II.26) based on the authorization of Article 9 (3) of Government Decree 45/2014 (II.26).
In which case can you exercise your accessory warranty right?
In the event of defective performance by the Seller, you may assert a warranty claim for accessories against the Seller in accordance with the rules of the Civil Code and, in the case of a consumer contract, Government Decree 373/2021 (VI.30).
What rights are you entitled to based on your warranty claim?
General rules of warranty rights
You can – according to your choice – make use of the following accessory warranty claims:
You can request a repair or replacement, unless the fulfillment of the request you choose is impossible or would involve disproportionate additional costs for the Seller compared to the fulfillment of another request. If you did not or could not ask for the repair or replacement, you can request a proportional delivery of the compensation or you can repair the defect at the Seller’s expense, or you can have it repaired by someone else or – as a last resort – you can also withdraw from the contract.
You can transfer from your selected accessory warranty right to another, but you will bear the cost of the transfer, unless it was justified or the Seller gave a reason for it.
In the case of a consumer contract, it must be assumed until proven otherwise that a defect recognized within one year from the date of delivery of the goods and goods containing digital elements already existed at the time of delivery 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, warranty and guarantee rights differ from the general rules. In the case of used Goods, 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 Goods 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 Goods are defective and the Buyer, who is considered a Consumer, was informed of this at the time of purchase, the Service Provider has no responsibility for the known defect.
In the case of buyers who are not considered consumers, the deadline for asserting the warranty right is 1 year, which starts on the day of performance (handover).
Special rules of warranty rights in the case of goods sold under a consumer contract and goods containing a digital element
In the case of a contract between a consumer and a business for the sale and purchase of movable goods or the provision of digital content, the Consumer is entitled to the provisions of the section “General rules of warranty rights” with the deviations according to this section.
In the case of a contract between a consumer and a business for the sale and purchase of movable goods or the provision of digital content, the Consumer may not repair the defect himself at the Seller’s expense, or have it repaired by someone else, within the framework of exercising his accessory warranty rights.
The Seller may refuse to make the goods conform to the contract if repair or replacement is impossible, or if it would result in disproportionate additional costs for the Seller, taking into account all circumstances, including the value represented by the Goods in perfect condition, as well as the gravity of the breach of contract.
The consumer is also entitled – in accordance with the severity of the breach of contract – to request a proportionate delivery of compensation or to terminate the sales contract if
- the Seller did not perform the repair or replacement, or performed it, but did not partially or fully fulfill the following conditions
- the Seller must ensure the return of the exchanged goods at his own expense
- if the repair or replacement requires the removal of goods which, according to the nature and purpose of the goods, were put into operation before the defect became recognizable, then the obligation to repair or replace includes the removal of the non-conforming goods and the commissioning of the replaced or repaired goods placing or bearing the costs of removal or commissioning.
- refused to make the goods conform to the contract
- a repeated performance error occurred, despite the fact that the Seller attempted to make the goods conform to the contract
- the performance error is so serious that it justifies an immediate price reduction or the immediate termination of the sales contract, or
- the Seller did not undertake to bring the goods into conformity with the contract, or it is clear from the circumstances that the company will not bring the goods into conformity with the contract within a reasonable time frame or without significant harm to the consumer’s interests.
If the consumer wishes to terminate the sales contract citing faulty performance, the Seller bears the burden of proving that the fault is insignificant.
The Consumer is entitled to withhold the remaining part of the purchase price – depending on the severity of the breach of contract – in whole or in part, until the Seller fulfills its obligations related to the conformity of the performance with the contract and defective performance.
It is a general rule that:
the Seller must ensure the return of the exchanged goods at his own expense
if the repair or replacement requires the removal of goods which, according to the nature and purpose of the goods, were put into operation before the defect became recognizable, then the obligation to repair or replace includes the removal of the non-conforming goods and the commissioning of the replaced or repaired goods placing or bearing the costs of removal or commissioning.
The reasonable deadline for repairing or replacing the goods shall be calculated from the time when the Consumer informed the company of the defect.
The consumer must make the goods available to the company in order to complete the repair or replacement.
Delivery of compensation is proportional if its amount is equal to the difference between the value of the goods that the Consumer is entitled to in the case of contractual performance and the value of the goods actually received by the Consumer.
The Consumer’s right to terminate the sales contract can be exercised with a legal statement addressed to the Seller expressing the decision to terminate.
If the defective performance affects only a specific part of the goods supplied under the sales contract, and the conditions for exercising the right to terminate the contract exist in respect of them, the Consumer may terminate the sales contract only with regard to the defective goods, but also with respect to any other goods acquired together with them. may terminate it if the Consumer cannot reasonably be expected to keep only goods that conform to the contract.
If the Consumer terminates the sales contract in its entirety or with respect to a part of the goods supplied under the sales contract, then
- the Consumer must return the affected goods to the Seller at the Seller’s expense and
- the Seller must immediately refund to the Consumer the purchase price paid for the goods concerned, as soon as he has received the goods or the certificate supporting the return of the goods.
What is the deadline for asserting your warranty claim?
You are obliged to report the error immediately after discovering it. An error reported within two months of the discovery of the error shall be considered an error reported without delay. At the same time, we would like to draw your attention to the fact that you can no longer assert your accessory warranty 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 can 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 accessory warranty claim against?
You can enforce your accessory warranty claim against the Seller.
What other conditions are there for asserting your accessory warranty rights?
Within six months from the date of delivery (one year in the case of the purchase of goods), there is no other condition for asserting your accessory warranty claim, apart from reporting the defect, if you prove that the Goods or the service were provided by the Seller. However, after six months from the date of delivery (one year in the case of a sale of goods), you are already obliged to prove that the defect you recognized was already present at the time of delivery.
In which case can you use your product warranty right?
In the event of a defect in a movable thing (Goods), you can – according to your choice – assert a warranty claim for accessories or a claim for product warranty.
What rights do you have based on your product warranty claim?
As a product warranty claim, you may only request the repair or replacement of defective Goods.
In which case is the Goods considered defective?
The goods are defective if they do not meet the quality requirements in force at the time they are put on the market or if they do 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 can only exercise your product warranty claim against the manufacturer or distributor of the movable item. You must prove the defect of the Goods 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:
- manufactured or marketed the Goods outside of its business activities, or
- the defect was not detectable according to the state of science and technology at the time of placing it on the market or
- the defect in the Goods results from the application of legislation or mandatory official regulations.
It is sufficient for the manufacturer (distributor) to prove one reason for exemption.
Please note that due to the same defect, you cannot assert an accessory warranty claim and a product warranty claim at the same time, parallel to each other. However, in case of successful enforcement of your product warranty claim, you may assert your accessory warranty claim for the replaced Product or repaired part against the manufacturer.
In which case can you use your warranty right?
151/2003 on the mandatory warranty for certain consumer durables. (IX. 22.) Pursuant to the Government Decree, the Seller is obliged to provide a warranty for the new consumer durables listed in Annex No. 1 of the Decree (e.g.: technical goods, tools, machines), as well as their accessories and components within the scope specified therein (hereinafter – in this point – together referred to as consumer goods) in case of sale.
In addition, the Seller may voluntarily undertake a warranty, in which case he must provide a warranty statement to the customer who is considered a Consumer.
The warranty statement must be made available to the Consumer on a durable data medium, at the latest at the time of delivery of the goods.
The warranty statement must state:
- the clear statement that in the event of defective performance of the goods, the Consumer is entitled to exercise his accessory warranty rights according to the law free of charge, these rights are not affected by the warranty
- the name and address of the guarantor
- the procedure to be followed by the Consumer in order to enforce the warranty
- the designation of the goods to which the warranty applies and
- warranty conditions.
What rights and within what time frame are you entitled to in the event of a mandatory warranty?
Based on the warranty right, the Buyer may, as a general rule, make a claim for repair or replacement, or he may repair or repair the defect himself at the expense of the obligee, request a price reduction, or ultimately withdraw from the contract if the obligee has not undertaken the repair or replacement within the time limit corresponding to this obligation, is unable to do so while protecting the rights holder’s interests, or if the holder’s interest in repair or replacement has ceased.
The Buyer may assert his claim for repair directly at the Seller’s headquarters, any location, branch, and at the repair service specified by the Seller on the warranty card.
The warranty claim can be asserted during the warranty period, the warranty period is governed by Art. 151/2003. (IX. 22.) According to government decree:
One year in the case of a sale price of HUF 10,000 but not exceeding HUF 100,000,
two years in the case of 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 meet these deadlines results in loss of rights, however, in the case of repair of the consumer product, the warranty period is extended from the date of delivery for repair by the time during which the Customer could not use the consumer product as intended due to the defect.
The warranty period begins when the consumer product is handed over to the Buyer, or if the Seller or its agent performs the commissioning, it starts on the day of commissioning.
If the Buyer puts the consumer product into operation more than six months from the date of handover, the start date of the warranty period is the day the consumer product was handed over.
Rules related to the handling of warranty claims
When handling the repair, the Seller must endeavor to complete the repair within 15 days. The deadline open for correction starts when the consumer product is received.
If the duration of the repair or replacement exceeds fifteen days, the Seller is obliged to inform the Buyer of the expected duration of the repair or replacement.
If, during the first repair of the consumer product during the warranty period, the Seller determines that the consumer product cannot be repaired, the Seller is obliged to replace the consumer product within eight days, unless otherwise ordered by the buyer. If it is not possible to exchange the consumer item, the Seller is obliged to refund the purchase price to the buyer within eight days of the proof of payment of the consumer item – the invoice or receipt issued on the basis of the General Sales Tax Act – presented by the consumer.
By accepting the General Terms and Conditions, the Customer consents to be provided with the information electronically or in another way suitable for proof of receipt by the Customer.
If the Seller cannot repair the consumer product within 30 days:
- if the Buyer has agreed to this, the repair can be completed for him at a later date, or
- if the Customer does not agree to the subsequent completion of the repair, or has not made a statement in this regard, the consumer product must be replaced within eight days after the ineffective expiration of the thirty-day period, or
- if the Customer does not agree to the subsequent performance of the repair, or has not made a statement in this regard, but it is not possible to exchange the consumer product, the sales price indicated on the invoice or receipt of the consumer product must be refunded to him within eight days after the unsuccessful expiration of the thirty-day period.
If the consumer item is defective for the 4th time, the Buyer is entitled to:
- contact the Seller for repairs, or
- Act V of 2013 on the Civil Code 6:159 instead of the request for correction. to request a proportionate reduction of the purchase price from the Seller on the basis of § (2) point b), or
- Act V of 2013 on the Civil Code 6:159 instead of the request for correction. § (2) point b) to repair the consumer product at the Seller’s expense or have it repaired by someone else, or
- if the Buyer does not use these rights (correction, price reduction and other corrections at the Seller’s expense) or does not make a statement regarding them, the consumer item must be replaced within 8 days, if it is not possible to replace the consumer item, on the account of the consumer item, or the sales price on his receipt must be refunded to him within eight days.
The regulations written under the section “Rules related to the handling of warranty claims” do not apply to electric bicycles, electric scooters, quads, motorcycles, mopeds, cars, motorhomes, caravans, trailers, trailers, and motorized watercraft.
In the case of these Goods, however, the Seller is obliged to endeavor to fulfill the repair request within 15 days.
If the duration of the repair or replacement exceeds fifteen days, the Seller is obliged to inform the Buyer of the expected duration of the repair or replacement.
How does the warranty relate to other warranty rights?
The warranty applies in addition to the warranty rights (product and accessories warranty), the fundamental difference between the general warranty rights and the warranty is that in the case of the warranty, the consumer has a more favorable burden of proof.
Consumer goods with a fixed connection subject to a mandatory warranty according to Government Decree 151/2003, or those heavier than 10 kg, or which cannot be transported as hand luggage on public transport – with the exception of vehicles – must be repaired at the place of operation. If the repair cannot be carried out at the place of operation, the company will take care of the disassembly and installation, as well as the delivery and return, or – in the case of a request for repair validated directly at the repair service – the repair service.
During the period of the mandatory warranty, the Seller’s undertaking may not contain conditions for the consumer that are more disadvantageous than the rights provided by the rules of the mandatory warranty. After that, however, the terms of the voluntary warranty can be freely established, but the warranty in this case may not affect the existence of the consumer’s legal rights, including those based on the accessory warranty.
Exchange request within three working days
The institution of the exchange request within three working days also applies in the case of sales through an online store. 151/2003, a replacement request within three working days. (IX. 22.) It can be validated in the case of new durable consumer goods under the Government Decree, according to which, if someone validates the institution of the exchange request within 3 working days, the seller must interpret this as meaning that the Goods were already defective at the time of sale and you must exchange the Goods without further ado.
When is the Seller released from its warranty obligation?
The Seller is released from its warranty obligation only if it proves that the cause of the defect arose after the performance.
We would like to draw your attention to the fact that due to the same defect, you cannot assert a claim for accessory warranty and warranty, or a claim for product warranty and warranty at the same time, in parallel with each other, but otherwise you are entitled to the rights arising from the warranty regardless of the warranty entitlements.