Information on Product Liability, Statutory Warranty (Legal Guarantee), and Guarantee Obligations Regarding the Conformity of Goods in Consumer Contracts

This section of the Consumer Information has been prepared pursuant to Section 11(5) of Government Decree 45/2014 (II.26.), taking into account Annex 3 of Government Decree 45/2014 (II.26.).

This Consumer Information applies exclusively to Buyers who qualify as consumers. The rules applicable to customers who do not qualify as consumers are set out in a separate section.

Requirements for Contractual Performance in Consumer Contracts

General requirements for the conformity of goods sold under consumer contracts

At the time of performance, the goods must comply with the requirements set out in Government Decree 373/2021 (VI.30.).

In order for performance to be considered contractual, the goods that are the subject of the contract must:

• comply with the description, quantity, quality, type specified in the contract and must possess the functionality, compatibility, interoperability, and other characteristics specified in the contract;

• be suitable for any purpose specified by the consumer, which was communicated to the Seller no later than at the time of concluding the contract and accepted by the Seller;

• include all accessories and instructions for use specified in the contract, including installation instructions, instructions for commissioning, and customer support information; and

• provide the updates specified in the contract.

In order for performance to be considered contractual, the goods that are the subject of the contract must also:

• be suitable for the purposes for which goods of the same type are normally used, as required by applicable legislation, technical standards, or, in the absence of technical standards, by relevant codes of conduct;

• possess the quantity, quality, performance, and other characteristics that a consumer may reasonably expect from goods of the same type, particularly with regard to functionality, compatibility, accessibility, continuity, and safety, taking into account any public statements made by the Seller, its representative, or another participant in the sales chain regarding the specific characteristics of the goods, including statements made in advertisements or on labels;

• include the accessories and instructions that a consumer may reasonably expect, including packaging and instructions relating to commissioning; and

• correspond to the characteristics, description, and quality of the goods presented by the Seller before the conclusion of the contract as a sample, model, or trial version.

The goods shall not be required to comply with the above-mentioned public statements if the Seller proves that:

• the Seller was unaware of the public statement and could not reasonably have been expected to be aware of it;

• the public statement had been corrected appropriately before the conclusion of the contract; or

• the public statement could not have influenced the consumer’s decision to conclude the contract.

Specific Requirements for Contractual Performance in the Case of Goods Containing Digital Elements

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

The Seller shall make such updates available within the period that, taking into account the type and purpose of the goods and the digital elements, as well as the circumstances of the individual case and the nature of the contract, the consumer may reasonably expect, where the contract of sale:

• provides for a one-time supply of digital content or a digital service; or

• provides for the continuous supply of digital content or a digital service over a specified period, in which case, for continuous services provided for a period not exceeding two years, the updates shall be made available for a period of two years from the date of delivery of the goods.

If the consumer fails to install the updates provided within a reasonable period of time, the Seller shall not be liable for any defect in the goods where the defect results solely from the failure to apply the relevant update, provided that:

• the Seller informed the consumer about the availability of the update and the consequences of the consumer’s failure to install it; and

• the failure to install the update, or the incorrect installation of the update by the consumer, was not caused by deficiencies in the installation instructions provided by the Seller.

The goods shall not be considered defective if, at the time of concluding the contract, the consumer was specifically informed that a particular characteristic of the goods differed from the requirements set out herein, and the consumer expressly and separately accepted this deviation at the time of concluding the contract.

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Requirements for Contractual Performance in the Sale of Digital Content Under Consumer Contracts

The Seller shall supply or provide the digital content to the consumer. Unless otherwise agreed by the parties, the Seller shall provide the digital content to the consumer without undue delay after the conclusion of the contract, in the latest version available at the time of concluding the contract.

The supply shall be deemed completed when the digital content, or any solution enabling access to or download of the digital content, has been made available to the consumer or to the physical or virtual device selected by the consumer for this purpose.

The Seller shall ensure that the consumer is informed of updates to the digital content, including security updates, where such updates are necessary to maintain the conformity of the digital content or digital service with the contract, and shall ensure that the consumer receives such updates.

Where the contract provides for the continuous supply of digital content over a specified period, the conformity of the digital content with the contract shall be ensured throughout the entire duration of the contract.

If the consumer fails to install updates provided by the Seller within a reasonable period of time, the Seller shall not be liable for any defect in the service where the defect results solely from the failure to apply the relevant update, provided that:

• the Seller informed the consumer about the availability of the update and the consequences of the consumer’s failure to install it; and

• the failure to install the update, or the incorrect installation of the update by the consumer, was not caused by deficiencies in the installation instructions provided by the Seller.

The digital content shall not be considered defective if, at the time of concluding the contract, the consumer was specifically informed that a particular characteristic of the digital content differed from the requirements set out herein, and the consumer expressly and separately accepted such deviation at the time of concluding the contract.

The Seller shall be deemed to have provided defective performance if the defect in the digital content service results from improper integration into the consumer’s digital environment, provided that:

• the integration of the digital content was carried out by the Seller or under the Seller’s responsibility; or

• the digital content was intended to be integrated by the consumer, and the improper integration resulted from deficiencies in the integration instructions provided by the Seller.

Where the contract provides for the continuous supply of digital content or a digital service for a specified period, the Seller shall be liable for defects in the digital content if the defect occurs or becomes apparent during the period specified in the contract.

Where the contract provides for a one-time supply or a series of individual acts of supply, it shall be presumed, unless proven otherwise, that any defect identified by the consumer within one year from the date of performance already existed at the time of performance.

However, the Seller shall not be deemed to have provided defective performance if the Seller proves that the consumer’s digital environment is not compatible with the technical requirements of the digital content or digital service, and the Seller provided the consumer with clear and understandable information regarding this before the conclusion of the contract.

The consumer shall cooperate with the Seller in order to enable the Seller, using the technically available means that require the least possible intervention for the consumer, to determine whether the cause of the defect lies within the consumer’s digital environment.

If the consumer fails to fulfil this obligation to cooperate after the Seller has clearly and understandably informed the consumer of this obligation before the conclusion of the contract, the burden of proving that the defect exists shall lie with the consumer.

The consumer shall be deemed to have proven that:

• a defect identified within one year from the date of performance already existed at the time of performance; or

• in the case of a service affected by a defect identified during the period specified in the contract, the service was not in conformity with the contract during the period of contractual performance.

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Defective Performance in Contracts for the Sale of Goods

The Seller shall be deemed to have provided defective performance if the defect in the goods results from improper installation, provided that:

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

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

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

In the case of goods containing digital elements, where the sales contract provides for the continuous supply of digital content or a digital service for a specified period, the Seller shall be liable for defects relating to the digital content of the goods where the defect occurs or becomes apparent:

• within two years from the date of delivery of the goods, in the case of continuous supply for a period not exceeding two years; or

• during the entire period of continuous supply, where the continuous supply period exceeds two years.

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Statutory Warranty (Legal Guarantee for Lack of Conformity)

In what cases may you exercise your statutory warranty rights?

In the event of defective performance by the Seller, you may enforce a statutory warranty claim against the Seller in accordance with the provisions of the Civil Code and, in the case of consumer contracts, Government Decree 373/2021 (VI.30.).

What rights are available to you under your statutory warranty claim?

At your discretion, you may exercise the following statutory warranty rights:

You may request repair or replacement, unless fulfilling the option chosen by you is impossible or would impose disproportionate additional costs on the Seller compared to fulfilling another warranty claim. If you have not requested, or could not have requested, repair or replacement, you may request a proportionate reduction of the purchase price or, as a final remedy, withdraw from the contract.

You may change from one statutory warranty remedy to another; however, you shall bear the costs associated with such change unless the change was justified or was caused by the Seller.

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

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

The consumer shall also be entitled, in proportion to the seriousness of the breach of contract, to request a proportionate reduction of the purchase price or terminate the sales contract if:

• the Seller has not carried out the repair or replacement, or has carried it out but has failed, wholly or partly, to comply with the following conditions:

  • the Seller must ensure the return of the replaced goods at the Seller’s own expense;

  • if the repair or replacement requires the removal of goods which, due to their nature and purpose, were installed in accordance with their intended use before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the replacement or repaired goods, or the bearing of the costs of removal and installation;

• the Seller has refused to bring the goods into conformity;

• a repeated defect in performance has occurred despite the Seller’s attempt to bring the goods into conformity;

• the defect in performance is of such a serious nature that it justifies an immediate price reduction or immediate termination of the sales contract; or

• the Seller has not undertaken to bring the goods into conformity, or it is apparent from the circumstances that the Seller will not bring the goods into conformity within a reasonable period of time or without causing significant inconvenience to the consumer.

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

The Consumer shall be entitled to withhold payment of the remaining part of the purchase price, in whole or in part and in proportion to the seriousness of the breach of contract, until the Seller has fulfilled its obligations relating to contractual performance and defective performance.

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General Rules Applicable to Repair and Replacement

As a general rule:

• the Seller must ensure the return of replaced goods at the Seller’s own expense;

• if repair or replacement requires the removal of goods which, due to their nature and purpose, were installed in accordance with their intended use before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the replacement or repaired goods, or the bearing of the costs of removal and installation.

The reasonable period available for carrying out the repair or replacement of the goods shall be calculated from the date on which the Consumer notified the Seller of the defect.

The Consumer shall make the goods available to the Seller in order for the repair or replacement to be carried out.

A reduction of the purchase price shall be considered proportionate if its amount corresponds to the difference between the value of the goods the Consumer would have received in the event of contractual performance and the value of the goods actually received by the Consumer.

The Consumer may exercise the right to terminate the sales contract as a statutory warranty remedy by making a legal declaration addressed to the Seller expressing the Consumer’s decision to terminate the contract.

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 are met in relation to those goods, the Consumer may terminate the sales contract only with regard to the defective goods. However, the Consumer may also terminate the contract with regard to any other goods purchased together with the defective goods if it cannot reasonably be expected that the Consumer would retain only the goods that comply with the contract.

If the Consumer terminates the sales contract in whole or in relation to only part of the goods supplied under the sales contract:

• the Consumer shall return the affected goods to the Seller at the Seller’s expense; and

• the Seller shall immediately reimburse the Consumer for the purchase price paid for the affected goods once the Seller has received the goods or evidence confirming the return of the goods.

The Seller shall record the Consumer’s statutory warranty claim in a written report and shall provide a copy of such report to the Consumer immediately in a verifiable manner.

If, at the time the Consumer’s statutory warranty claim is submitted, the Seller is unable to make a statement regarding whether the claim can be fulfilled, the Seller shall notify the Consumer of its position within 8 days in a verifiable manner. In the event of rejection of the claim, such notification shall also include the reasons for rejection and information regarding the possibility of contacting a conciliation board.

The Seller shall endeavour to complete the repair or replacement within a maximum period of fifteen days. If the repair or replacement takes longer than fifteen days, the Seller shall inform the Consumer of the expected duration of the repair or replacement.

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Within what period may you enforce your statutory warranty claim?

You are required to notify the Seller of the defect immediately after discovering it. A defect reported within two months from the date of discovery shall be deemed to have been reported without delay.

Please note that statutory warranty rights may no longer be enforced after the limitation period of two years from the date of performance of the contract has expired.

The period during which the Consumer is unable to use the goods for their intended purpose due to repair shall not be included in the limitation period.

For the part of the goods affected by replacement or repair, the limitation period for enforcing statutory warranty rights shall restart. The same rule shall apply if a new defect arises as a consequence of the repair.

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Against whom may you enforce your statutory warranty claim?

You may enforce your statutory warranty claim against the Seller.

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What other conditions apply to enforcing statutory warranty rights?

Within one year from the date of performance, apart from notifying the defect, there is no other condition for enforcing a statutory warranty claim if you prove that the goods were supplied by the Seller.

After the expiry of one year from the date of performance, however, you shall bear the burden of proving that the defect identified by you already existed at the time of performance.

Specific Rules Regarding Statutory Warranty Claims in the Case of Digital Content Supply

The Consumer shall also be entitled, in proportion to the seriousness of the breach of contract, to request a proportionate reduction of the consideration or terminate the contract for the supply of digital content if:

• repair or replacement is impossible or would result in disproportionate additional costs for the Seller;

• when exercising the statutory warranty right relating to repair or replacement, the Seller fails to bring the performance into conformity with the contract free of charge within a reasonable period after the Consumer has notified the Seller of the defect, without causing significant inconvenience to the Consumer, taking into account the nature and purpose of the digital content or digital service;

• a repeated defect in performance has occurred despite the Seller’s attempt to bring the service into conformity with the contract;

• the defect in performance is of such a serious nature that it justifies an immediate price reduction or immediate termination of the contract; or

• the Seller has not undertaken to bring the service into conformity with the contract, or it is apparent from the circumstances that the Seller will not bring the service into conformity within a reasonable period of time or without causing significant inconvenience to the Consumer.

When exercising the statutory warranty right relating to repair or replacement, the Seller shall be obliged to bring the performance into conformity with the contract free of charge within a reasonable period after the Consumer has notified the Seller of the defect, without causing significant inconvenience to the Consumer, taking into account the nature and purpose of the digital content or digital service.

When exercising the statutory warranty right relating to repair or replacement, the Seller may choose the method of bringing the digital content into conformity with the contract, taking into account the technical characteristics of the digital content.

A reduction of the consideration shall be considered proportionate if its amount corresponds to the difference between the value of the service the Consumer would have received in the event of contractual performance and the value of the service actually provided to the Consumer.

Where the contract provides for continuous supply of a service for a specified period, the reduction of the consideration shall apply to the period during which the service was not in conformity with the contract.

If the Consumer wishes to terminate the contract on the grounds of defective performance, the Seller shall bear the burden of proving that the defect is insignificant.

If the Seller supplies digital content or undertakes to supply digital content, and the Consumer provides or undertakes to provide only personal data to the Seller, the Consumer shall be entitled to terminate the contract even in the case of an insignificant defect. However, the Consumer shall not be entitled to request a reduction of the consideration.

The Consumer may exercise the right to terminate the contract as a statutory warranty remedy by making a legal declaration addressed to the Seller expressing the Consumer’s decision to terminate the contract.

If the Seller fails to perform the contract, the Consumer shall request the Seller to perform. If, despite the Consumer’s request, the Seller fails to supply or provide the digital content without undue delay or within the additional period agreed by the parties, the Consumer may terminate the contract.

The Consumer may terminate the contract without requesting performance from the Seller if:

• the Seller has not undertaken to supply the digital content, or it is apparent from the circumstances that the Seller will not supply the digital content; or

• according to the agreement of the parties or the circumstances surrounding the conclusion of the contract, performance at a specific time is essential for the Consumer, and the Seller fails to perform at that time.

Upon termination of the contract, the Seller shall reimburse the Consumer for the full amount of consideration paid by the Consumer.

However, if the performance was in conformity with the contract for a certain period before termination, the consideration relating to that period shall not be refunded. In such a case, the Seller shall refund the part of the consideration relating to the period during which the performance was not in conformity with the contract, as well as any consideration paid in advance by the Consumer for the remaining period of the contract that would have applied had the contract not been terminated.

If the Consumer is entitled to a proportionate reduction of the consideration or termination of the contract, the Seller shall fulfil its refund obligation without undue delay and no later than fourteen days from the date on which the Seller becomes aware of the exercise of such right.

The Seller shall refund the amount due to the Consumer using the same payment method used by the Consumer, unless the Consumer expressly consents to another payment method. In such case, the Consumer shall not incur any additional fees as a result of using another payment method.

All costs related to the refund shall be borne by the Seller.

Upon termination of the contract, the Seller may prevent the Consumer from continuing to use the digital content, including by making the digital content or digital service inaccessible to the Consumer or disabling the Consumer’s user account.

Upon termination of the contract, the Consumer shall refrain from using the digital content and from making it available to third parties.

If the digital content was supplied on a physical data carrier, the Consumer shall, upon the Seller’s request communicated within fourteen days from the date on which the Seller became aware of the termination, return the physical data carrier to the Seller without undue delay and at the Seller’s expense.

The Consumer shall pay a fee proportionate to the service provided in conformity with the contract for the period during which the Consumer used the digital content before termination of the contract.

Product Liability (Product Warranty)

In what cases may you exercise your product warranty rights?

In the event of a defect in movable property (goods), you may, at your discretion, enforce either a statutory warranty claim against the Seller or a product warranty claim under the provisions of the Civil Code.

What rights are available to you under your product warranty claim?

As a product warranty remedy, you may request the repair or replacement of the defective goods.

When are goods considered defective?

Goods are considered defective if they do not comply with the quality requirements applicable at the time they were placed on the market, or if they do not possess the characteristics specified in the description provided by the manufacturer.

Within what period may you enforce your product warranty claim?

You may enforce your product warranty claim within two years from the date on which the goods were placed on the market by the manufacturer. After this period has expired, you shall no longer be entitled to exercise this right.

Against whom may you enforce your product warranty claim?

You may exercise your product warranty rights against the producer or distributor of the product (hereinafter jointly referred to as the “manufacturer”).

What rules of evidence apply when enforcing a product warranty claim?

When enforcing a product warranty claim, you shall bear the burden of proving that the defect in the product existed at the time the product was placed on the market by the manufacturer.

In what cases is the manufacturer exempt from product warranty liability?

The manufacturer shall be exempt from its product warranty obligations if it proves that:

• the goods were not manufactured or placed on the market within the scope of its business activities; or

• the defect could not have been identified, according to the state of scientific and technical knowledge at the time the goods were placed on the market; or

• the defect in the goods resulted from the application of mandatory legal provisions or official requirements.

For exemption from liability, it is sufficient for the manufacturer to prove one of the above grounds.

Please note that, in respect of the same defect, you may enforce a statutory warranty claim against the Seller and a product warranty claim against the manufacturer simultaneously and independently.

If your product warranty claim is successfully enforced, you may only enforce your statutory warranty claim relating to the replaced product or the part of the product affected by repair against the manufacturer thereafter.