Model Withdrawal Form

Information on the Consumer’s Right of Withdrawal

According to Section 8:1(1)(3) of the Hungarian Civil Code, a consumer is only a natural person acting outside the scope of their profession, self-employed occupation, or business activity. Therefore, legal entities are not entitled to exercise the right of withdrawal without giving reasons.

Pursuant to Section 20 of Government Decree 45/2014 (II.26.), consumers are entitled to exercise the right of withdrawal without giving reasons.

The consumer may exercise the right of withdrawal:

a) In the case of contracts for the sale of goods:

aa) from the date on which the consumer, or a third party designated by the consumer other than the carrier, receives the goods;
ab) in the case of the sale of several goods where the goods are delivered at different times, from the date on which the consumer receives the last delivered item;
ac) in the case of goods consisting of multiple items or pieces, from the date on which the consumer receives the last item or piece;
ad) in the case of goods that must be supplied regularly over a specified period, from the date on which the consumer receives the first delivery.

The withdrawal period is 14 calendar days.

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

If the consumer made the 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.

If the Seller has failed to provide the consumer with information regarding the deadline and other conditions for exercising the right of withdrawal (in particular those specified in Section 22 of Government Decree 45/2014 (II.26.)) and the withdrawal form template provided in Annex 2 of the Decree, the withdrawal period shall be extended by 12 months.

If the Seller provides the consumer with the required information within 12 months after the expiry of the original withdrawal period, the withdrawal period shall expire 14 days after the date on which such information is provided.

The detailed rules applicable to contracts between consumers and businesses under Government Decree 45/2014 (II.26.) are available here.

Withdrawal Statement and Exercise of the Consumer’s Right of Withdrawal or Cancellation

The consumer may exercise the right granted under Section 20 of Government Decree 45/2014 (II.26.) by submitting a clear statement to this effect, using the withdrawal form template available for download from the website, or by using the online withdrawal function.

Online Withdrawal Function

The withdrawal function is an online withdrawal statement through which the consumer may inform the business of:

the consumer’s decision to withdraw from the contract;
the consumer’s name;
the information identifying the contract affected by the withdrawal;
the details of the electronic device through which the consumer will receive confirmation of the withdrawal.

The withdrawal function is available on the Website through the “Withdrawal from the Contract” link.

The consumer may submit the online withdrawal statement to the Seller by using the confirmation button labelled “Confirm Withdrawal”.

The Seller shall, without undue delay, send the consumer an acknowledgement of receipt of the withdrawal on a durable medium. The acknowledgement shall contain the content of the withdrawal statement as well as the date and time of submission.

Validity of the Consumer’s Withdrawal Statement

The right of withdrawal shall be considered exercised within the deadline if the consumer sends the withdrawal statement before the expiry of the withdrawal period.

In the case of withdrawal or cancellation submitted in writing, it is sufficient for the consumer to send the withdrawal or cancellation statement within the applicable deadline.

The consumer bears the burden of proving that the right of withdrawal has been exercised in accordance with these provisions.

Upon receipt of the consumer’s withdrawal statement, the Seller is obliged to confirm receipt electronically on a durable medium.

Seller’s Obligations in the Event of the Consumer Exercising the Right of Withdrawal

Seller’s Obligation to Refund

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II.26.), the Seller shall refund the total amount paid by the consumer as consideration, including any costs incurred in connection with performance, such as delivery costs, no later than 14 days from the date on which the Seller becomes aware of the withdrawal.

Please note that this provision does not apply to additional costs resulting from the consumer choosing a method of transport other than the least expensive standard delivery method offered by the Seller.

Method of Refund by the Seller

In the event of withdrawal or cancellation exercised in accordance with Section 22 of Government Decree 45/2014 (II.26.), the Seller shall refund the amount due to the consumer using the same payment method used by the consumer for the original transaction.

With the consumer’s express consent, the Seller may use another method of refund; however, the consumer shall not incur any additional fees as a result.

The Seller shall not be liable for any delay resulting from incorrect and/or inaccurate bank account details or postal address provided by the consumer.

Additional Costs

If the consumer expressly chooses a delivery method other than the least expensive standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the additional costs resulting from such choice.

In such cases, the Seller’s refund obligation is limited to the amount of the standard delivery fee indicated by the Seller.

Right of Retention

The Seller may withhold the refund amount until the consumer has returned the goods or has provided clear evidence that the goods have been returned, whichever occurs earlier.

Goods returned by cash on delivery or with postage payable by the recipient cannot be accepted.

Consumer’s Obligations in the Event of Withdrawal or Cancellation

Return of Goods

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II.26.), the consumer shall return the goods without undue delay, but no later than 14 days from the date of communicating the withdrawal, or hand them over to the Seller or to a person authorised by the Seller to receive the goods.

The deadline shall be considered met if the consumer sends the goods before the expiry of the 14-day period.

Payment of Direct Costs Related to Returning the Goods

The consumer shall bear the direct cost of returning the goods.

The goods must be returned to the Seller’s address.

If the Seller also sells the goods in a physical store and the consumer exercises the right of withdrawal personally at the Seller’s business premises, the consumer may return the goods to the Seller at the same time.

If the consumer terminates, after performance has commenced, a contract concluded outside business premises or between absent parties for the provision of services, the consumer shall pay the Seller a fee proportionate to the services performed up to the date on which the cancellation is communicated to the Seller.

The proportionate amount payable by the consumer shall be calculated based on the total amount of consideration specified in the contract, including taxes.

If the consumer proves that the total amount calculated in this manner is excessively high, the proportionate amount shall be calculated based on the market value of the services provided up to the date of termination of the contract.

Please note that goods returned by cash on delivery or with postage payable by the recipient cannot be accepted.

Consumer’s Liability for Diminished Value

The consumer shall be liable for any reduction in the value of the goods resulting from use beyond the use necessary to establish the nature, characteristics, and functioning of the goods.

Cases Where the Right of Withdrawal Cannot Be Exercised

The Seller expressly informs you that the right of withdrawal cannot be exercised in the cases specified in Section 29(1) of Government Decree 45/2014 (II.26.), including:

in the case of a contract for the provision of services, after the service has been fully performed, provided that performance commenced with the consumer’s express prior consent and the consumer acknowledged that they would lose the right of withdrawal once the contract had been fully performed, if the contract creates a payment obligation for the consumer;
in relation to goods or services whose price or fee depends on fluctuations in the financial market which cannot be controlled by the Seller and which may occur during the withdrawal period;
in the case of non-prefabricated goods produced according to the consumer’s instructions or expressly requested by the consumer, or goods clearly personalised for the consumer;
in the case of perishable goods or goods with a short shelf life;
in the case of sealed goods which, for health protection or hygiene reasons, cannot be returned after opening following delivery (please note that, for such sealed goods, use beyond what is necessary to establish the nature, characteristics, and operation of the goods may result in loss of the right of withdrawal);
in the case of goods which, due to their nature, become inseparably mixed with other goods after delivery;
in the case of alcoholic beverages whose actual value depends on market fluctuations beyond the Seller’s control, where the parties agreed on the price at the time of concluding the contract but delivery takes place only after 30 days from the conclusion of the contract;
in the case of contracts where the Seller visits the consumer at the consumer’s express request in order to carry out urgent repair or maintenance work;
in the case of sealed audio or video recordings or sealed computer software, if the consumer has opened the packaging after delivery;
in the case of newspapers, periodicals, and magazines, except for subscription contracts;
in the case of contracts concluded at public auctions;
in the case of contracts for accommodation services (except residential accommodation), transport of goods, car rental, catering, or leisure activities where a specific date or deadline for performance has been agreed in the contract;
in relation to digital content supplied on a non-tangible medium, if performance has commenced with the consumer’s express prior consent, and the consumer acknowledged at the same time that they would lose the right of withdrawal once performance commenced, and the Seller has provided confirmation of this acknowledgement to the consumer.