Right of Withdrawal Information

Information on the Consumer Buyer’s Right of Withdrawal

According to Section 8:1 (1) point 3 of the Hungarian Civil Code, a consumer is only a natural person acting outside the scope of their profession, self-employment, 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 withdraw from the contract without providing reasons.

The consumer may exercise their right of withdrawal:

a) In the case of a contract 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), takes possession of the Goods;
ab) in the case of the sale of multiple Goods, where each individual Goods is delivered at a different time, from the date on which the last Goods is taken possession of;
ac) in the case of Goods consisting of several items or pieces, from the date on which the last item or piece is taken possession of;
ad) where the Goods are supplied regularly over a specified period, from the date on which the first Goods is taken possession of.

The consumer may exercise the right of withdrawal within a period of 14 calendar days from the relevant date specified above.

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

If the consumer submitted the offer to conclude the contract, the consumer has the right to withdraw their 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.)), as well as the model withdrawal form set out in Annex 2 of the Regulation, the withdrawal period described above shall be extended by 12 months.

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

The detailed rules governing 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 Termination

The consumer may exercise the right provided under Section 20 of Government Decree 45/2014 (II.26.) by submitting a clear and unambiguous statement of withdrawal, by using the withdrawal form available for download from the Website, or by using the online withdrawal function.

The Online Withdrawal Function

The withdrawal function is an online withdrawal statement through which the consumer may communicate to the Seller:

their decision to withdraw from the contract;
their name;
the information identifying the contract affected by the withdrawal; and
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 function labelled “Confirm Withdrawal”.

The Seller shall, without undue delay after becoming aware of the consumer’s withdrawal, send the consumer an acknowledgement of receipt on a durable medium. This acknowledgement shall include the content of the withdrawal statement, as well as the date and time when it was submitted.

Validity of the Consumer’s Withdrawal Statement

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

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

The consumer bears the burden of proving that they exercised their right of withdrawal in accordance with the provisions set out above.

The Seller is obliged to confirm receipt of the consumer’s withdrawal statement on an electronic medium after receiving it.

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

Seller’s Refund Obligation

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 no later than 14 days from the date on which the Seller becomes aware of the withdrawal.

The refund shall include any costs incurred in connection with the performance of the contract, including delivery costs.

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

Method of Refund by the Seller

In the event of withdrawal or termination 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 that the consumer used 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 available, the Seller is not obliged to reimburse any additional costs arising 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 unquestionable proof that the Goods have been returned, whichever occurs earlier.

Shipments sent with cash on delivery or postage due payment arrangements cannot be accepted.

Consumer’s Obligations in the Event of Withdrawal or Termination

Return of the 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 notifying the Seller of the withdrawal, or shall hand them over to the Seller or to a person authorised by the Seller to receive the Goods.

The return shall be considered completed within the deadline if the consumer dispatches the Goods before the expiry of the 14-day period.

Bearing the Direct Costs of Returning the Goods

The consumer shall bear the direct costs 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 premises, the consumer may return the Goods to the Seller at the same time.

If the consumer terminates a service contract concluded outside business premises or through distance communication after the performance of the service has commenced, the consumer shall pay the Seller a proportionate amount corresponding to the service provided up to the date on which the consumer notified the Seller of the termination.

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

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

Please note that Goods returned with cash on delivery or postage due payment arrangements cannot be accepted.

Consumer’s Liability for Depreciation

The consumer shall be liable for any depreciation of the Goods resulting from use beyond the extent 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, pursuant to Section 29(1) of Government Decree 45/2014 (II.26.), the consumer may not exercise the right of withdrawal in the following cases:

after the complete performance of a service, where performance has commenced with the consumer’s express prior consent and the consumer has acknowledged that they will lose their right of withdrawal once the Seller has fully performed the contract, provided that the contract creates a payment obligation for the consumer;
in the case of Goods or services where the price or fee depends on fluctuations in the financial market that cannot be controlled by the Seller and which may occur even during the withdrawal period;
in the case of non-prefabricated Goods that have been produced according to the consumer’s instructions or at the consumer’s explicit request, or Goods that have been clearly customised for the consumer;
in the case of perishable Goods or Goods that have a short shelf life;
in the case of sealed Goods which, for reasons of health protection or hygiene, cannot be returned after opening the packaging following delivery.
(Please note that for sealed Goods which cannot be returned after opening for health protection or hygiene reasons, using the Goods beyond what is necessary to establish their nature, characteristics, and functioning results in the 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 where the actual value depends on market fluctuations beyond the Seller’s control, and where the parties agreed on the price at the time of concluding the sales contract, but delivery takes place only after the 30th day following the conclusion of the contract;
in the case of contracts where the Seller visits the consumer’s premises at the consumer’s express request for the purpose of carrying out urgent repair or maintenance work;
in the case of the sale of sealed audio or video recordings or sealed computer software, where the consumer has opened the packaging after delivery;
in the case of newspapers, journals, or periodicals, except for subscription contracts;
in the case of contracts concluded at public auctions;
in the case of contracts for accommodation services (except residential accommodation services), transport services, car rental services, catering services, or services related to leisure activities, where the contract specifies a particular date or deadline for performance;
in the case of digital content supplied without a tangible medium, where the Seller has begun performance with the consumer’s express prior consent, and the consumer has simultaneously acknowledged that they lose their right of withdrawal once performance has commenced, and the Seller has provided confirmation of this to the consumer.