Defective performance

The Service Provider performs defectively if, at the time of performance, the service does not meet the quality requirements laid down in the contract or by law. The Service Provider does not perform defectively if the entitled party knew of the defect when the contract was concluded, or should have known of it at that time.

In a contract between a Consumer and a business, any term that derogates from the provisions of this chapter on the warranty for defects and the guarantee to the detriment of the Consumer is void.

Certain warranty rights are available only to Users who qualify as consumers under the Civil Code.

User qualifying as a business: a person acting within the scope of their trade, independent profession or business activity.

Warranty for defects

8.1. When may the User exercise their rights under the warranty for defects?

If the Service Provider performs defectively, the User may assert a warranty claim against the Service Provider in accordance with the Civil Code.

8.2. What rights does the User have under a warranty claim?

At their choice, the User may request repair or replacement, unless the remedy chosen by the User is impossible or would impose disproportionate additional costs on the business compared with another remedy. If the User has not requested, or could not request, repair or replacement, they may request a proportionate reduction in the price or, as a last resort, withdraw from the contract. The User may switch from one chosen warranty remedy to another, but must bear the cost of switching unless the switch was justified or the business gave cause for it.

The Consumer is also entitled, according to the seriousness of the breach of contract, to request a proportionate price reduction or terminate the sales contract if:

a) the business has not carried out the repair or replacement; has done so but has failed, in whole or in part, to remove and reinstall the goods; or has refused to bring the goods into conformity with the contract;

b) a defect has appeared again despite the business’s attempt to bring the goods into conformity;

c) the defect is so serious that it justifies an immediate price reduction or immediate termination of the sales contract; or

d) the business has stated that it will not bring the goods into conformity, or it is clear from the circumstances that it will not do so within a reasonable time or without significant inconvenience to the Consumer.

If the Consumer wishes to terminate the sales contract on the grounds of defective performance, the business bears the burden of proving that the defect is minor.

The Consumer may withhold some or all of the outstanding purchase price, according to the seriousness of the breach of contract, until the business fulfils its obligations concerning conformity and defective performance.

The reasonable period allowed for repair or replacement begins when the Consumer informs the business of the defect.

The Consumer must make the goods available to the business for repair or replacement.

In a contract between a Consumer and a business, the business must take back replaced goods at its own expense. If repair or replacement requires the removal of goods that were installed in a manner consistent with their nature and purpose before the defect became apparent, the obligation to repair or replace includes removing the nonconforming goods and installing the replacement or repaired goods, or bearing the costs of removal and installation.

A price reduction is proportionate if its amount equals the difference between the value the goods would have had if they conformed to the contract and the value of the goods actually received by the Consumer.

The Consumer may exercise their right to terminate the sales contract under the warranty for defects by making a declaration to the business expressing their decision to terminate.

If defective performance affects only some of the goods supplied under a sales contract, and the conditions for terminating the contract are met in respect of those goods, the Consumer may terminate the contract in respect of the defective goods. They may also terminate it in respect of any other goods acquired together with them if the Consumer cannot reasonably be expected to keep only the conforming goods.

If the Consumer terminates the sales contract in its entirety or in respect of some of the goods supplied under it:

a) the Consumer must return the affected goods to the business at the business’s expense; and

b) the business must refund the purchase price paid for the affected goods without delay once it has received either the goods or proof that they have been returned.

8.3. Within what time limit may the User assert a warranty claim?

A User who qualifies as a consumer must report a defect without delay after discovering it, and no later than two months after discovery. Please note, however, that warranty rights can no longer be asserted after the limitation period of two years from performance, or one year in the case of a business or used products. For products with an expiry date, warranty rights may be asserted until that date.

If a sales contract for goods with digital elements provides for the continuous supply of digital content or a digital service for a specified period, the business is liable for a defect relating to that digital content or service if the defect arises or becomes apparent:

a) within two years of delivery of the goods, where continuous supply is agreed for a period of no more than two years; or

b) throughout the period of continuous supply, where it is agreed for more than two years.

8.4. Against whom may the User assert a warranty claim?

The User may assert a warranty claim against the Service Provider.

8.5. What other conditions apply to the exercise of warranty rights if the User qualifies as a consumer?

Within one year of performance, the User need only report the defect and show that the product or service was supplied by the business operating the online store. After one year from performance, the User must prove that the defect they identified already existed at the time of performance.

Product warranty

8.6. When may the Consumer exercise product warranty rights, and what remedies are available?

If a movable good is defective, the Consumer may choose to exercise their rights under the warranty for defects or assert a product warranty claim in accordance with the Civil Code.

Under a product warranty claim, the Consumer may request repair or replacement of the defective product.

8.7. Against whom may a product warranty claim be asserted?

The Consumer may exercise their product warranty rights against the producer or distributor of the product (collectively referred to below as the “manufacturer”).

8.8. When is a product considered defective?

A product is defective if it does not meet the quality requirements in force when it was placed on the market, or if it lacks the properties stated in the manufacturer’s description.

8.9. Within what time limit may the Consumer assert a product warranty claim?

The Consumer may assert a product warranty claim within two years of the date on which the manufacturer placed the product on the market. After that period, this right expires.

8.10. What rule on proof applies to a product warranty claim?

The Consumer must prove that the defect existed when the manufacturer placed the product on the market.

8.11. When is the manufacturer released from its product warranty obligation?

The manufacturer is released from its product warranty obligation if it can prove that:

• it did not manufacture or place the product on the market in the course of its business activity;

• the defect could not have been detected, given the state of scientific and technical knowledge when the product was placed on the market; or

• the defect resulted from compliance with a law or a mandatory official requirement.

The manufacturer need only prove one of these grounds.

Please note that the Consumer may assert, at the same time and in parallel, a claim under the warranty for defects against the business and a product warranty claim against the manufacturer in respect of the same defect. If the product warranty claim succeeds, any subsequent claim under the warranty for defects concerning the replaced product or the repaired part of the product may be asserted only against the manufacturer.

Guarantee (for new durable consumer goods)

8.12. When may a consumer exercise their rights under the guarantee?

In the event of defective performance, the Service Provider is obliged to provide a guarantee under Government Decree No. 151/2003 (IX. 22.) on mandatory guarantees for certain durable consumer goods, provided that the User qualifies as a consumer.

The following qualify as consumers:

a) a consumer within the meaning of Act V of 2013 on the Civil Code; or

b) a micro, small or medium-sized enterprise acting outside the scope of its trade, independent profession or business activity.

<A micro, small or medium-sized enterprise acts outside the scope of its trade, independent profession or business activity if it purchases the consumer goods through a retail activity within the meaning of the Trade Act, regardless of whether the goods are accounted for in connection with an economic activity.

8.13. What rights does the Consumer have under the guarantee, and within what time limits?

The guarantee period is:

a) two years for a selling price of at least HUF 10,000 but no more than HUF 250,000;

b) three years for a selling price above HUF 250,000.

Failure to meet these time limits results in the loss of the right.

The guarantee period begins on the date the consumer goods are handed over to the Consumer or, if they are installed by the Service Provider, its agent or another person authorised to carry out the installation, on the date of installation.

If the Consumer has the goods installed more than six months after they are handed over, the guarantee period begins on the date of handover.

The Consumer may submit a repair request directly at the Service Provider’s registered office, any of its premises or branches, or the repair service named by the business on the guarantee certificate.

Under the guarantee, the entitled party may choose to:

1. request repair or replacement, unless the chosen remedy is impossible or would impose disproportionate additional costs on the party obliged to provide it compared with another guarantee remedy, taking into account the value the goods would have had without the defect, the seriousness of the breach of contract, and the inconvenience caused to the entitled party by providing the remedy; or

2. request a proportionate price reduction or withdraw from the contract if the obliged party has not undertaken to repair or replace the goods, cannot fulfil that obligation (...), or the entitled party no longer has an interest in repair or replacement.

Withdrawal is not permitted for a minor defect.

Repair or replacement should be completed within 15 days

Under Section 5 of NGM Decree No. 19/2014 (IV. 29.) on the procedural rules for handling warranty and guarantee claims concerning goods sold under contracts between consumers and businesses, the Service Provider must endeavour to complete repair or replacement within 15 days. If repair or replacement takes longer, the Service Provider must inform the Consumer of its expected duration. With the Consumer’s prior consent, this information may be provided electronically or by another means that allows the Consumer’s receipt to be verified.

If the product cannot be repaired

If, during the guarantee period, the Service Provider determines that defective consumer goods cannot be repaired, it must replace them within eight days unless the Consumer requests otherwise. If replacement is impossible, the Service Provider must refund the purchase price to the Consumer within eight days.

If the product fails for a fourth time

If consumer goods fail again during the guarantee period after having been repaired three times, the business must replace them within eight days unless the Consumer requests otherwise. If replacement is impossible, the business must refund the purchase price within eight days. The refundable price is the price shown on the guarantee certificate or, if there is no certificate, on the receipt presented by the Consumer as proof of payment for the goods, whether an invoice or a receipt issued under the VAT Act.

If repair is not completed within 30 days

If consumer goods have not been repaired by the 30th day after the guarantee claim was reported to the business, the business must replace them within eight days after that deadline, unless the Consumer requests otherwise. If replacement is impossible, the business must refund the purchase price within eight days after the unsuccessful expiry of the 30-day repair period. The refundable price is the price shown on the guarantee certificate or, if there is no certificate, on the receipt presented by the Consumer as proof of payment for the goods, whether an invoice or a receipt issued under the VAT Act.

The three provisions above do not apply to electric bicycles, electric scooters, quad bikes, motorcycles, mopeds, passenger cars, motorhomes, caravans, trailer caravans, trailers or motorised watercraft.

8.14. When is the business released from its guarantee obligation?

The Service Provider is released from its guarantee obligation only if it proves that the cause of the defect arose after performance. Please note that the Consumer may assert, at the same time and in parallel, a claim under the warranty for defects and a guarantee claim, or a product warranty claim and a guarantee claim, in respect of the same defect. However, once the Consumer has successfully asserted a claim arising from defective performance in respect of a particular defect—for example, the business has replaced the product—the Consumer may not obtain another remedy for that same defect on a different legal basis.

8.15. The Service Provider is not liable under the guarantee, beyond the guarantee period (the professionally expected service life), for damage resulting from natural wear and tear or obsolescence.

8.16. The Service Provider is also not liable under the warranty or guarantee for damage arising after the risk has passed from incorrect or negligent handling, excessive use, exposure to conditions other than those specified, or other use of the products contrary to their intended purpose.

8.17. If the Consumer requests replacement because consumer goods become defective within three working days of purchase or installation, the Service Provider may not invoke disproportionate additional costs under Section 6:159(2)(a) of the Civil Code. It must replace the goods within eight days, provided that the defect prevents their intended use. If replacement is impossible, the business must refund the purchase price to the Consumer without delay. The refundable price is the price shown on the guarantee certificate or, if there is no certificate, on the receipt presented by the Consumer as proof of payment for the goods, whether an invoice or a receipt issued under the VAT Act.

8.18. What further requirements may be imposed as conditions for exercising guarantee rights?

Special requirements, such as periodic inspections, may be imposed on the Consumer to ensure proper installation or operation of the consumer goods, provided that proper installation or operation cannot be ensured otherwise and compliance does not impose a disproportionate burden on the Consumer.

8.19. The list of consumer goods subject to the mandatory guarantee can be found here: IM Decree No. 10/2024 (VI. 28.) on the categories of durable consumer goods subject to a mandatory guarantee.