Warranties and Liabilities
The User can exercise a liability and warranty claim against the Business, in the event of the improper fulfilment of the contract according to the rules of the Hungarian Civil Code.
- The supplier fails to perform properly if the service does not meet the quality requirements set out in the contract or the law at the time of performance. The supplier did not fail to perform the service correctly if the receiver was aware of the error at the time of the conclusion of the contract or should have been aware of the error at the time of the conclusion of the contract.
- A contract between a Consumer and a Business shall be null and void if it derogates from the provisions of this Article concerning warranty and security to the detriment of the Consumer.
- In what kind of situation can the User exercise his/her right for a liability claim?
The User can exercise a liability claim against the Business, in the event of the improper fulfilment of the contract according to the rules of the Hungarian Civil Code.
- What kind of rights does the User have based on his/her liability claim?
The User may, if he/she so decides, exercise the following liability claims: request repair or replacement, unless the fulfilment of the User’s choice would be impossible or disproportionate to the requirements of the Business. If a repair or replacement is not requested or offered, the User may request a pro-rata reduction in relation to the expense of the defect to the User, the defect may be repaired by the User at the expense of the business, or may adjust or else terminate the contract. The User may switch from one selected right of liability to another, however, the cost of the transition will be borne by the User, unless warranted or provided by the Business.
- What is the deadline for the User to exercise the liability claim?
The User is liable to report the defect immediately after recognition, but within two months of recognition. However, please note that the User will no longer be able to enforce their liability claim beyond the two-year limitation period (one year for businesses).
- Who can the liability claim be made against?
Users can enforce the liability claim against the Service Provider.
- What kind of other conditions must be met to enforce the liability claim (if the User is classified as a Customer)?
Within six months from the date of delivery, there is no other condition for enforcing your liability claim if the User proves that the product or service was provided by the company operating the webshop. However, after six months have passed from the date of performance, the User shall be required to prove that the error recognised by the User was present at the time of performance.
- In what kind of situation can the User exercise his/her right for product guarantee?
In the event of a defect in a movable property (product), the User may, at its option, claim a liability or product guarantee claim.
- What rights does the User have based on his guarantee claim?
The User can request the repair or replacement of the defected product.
- When is a product considered defective?
A product is defective if it does not meet the quality requirements applicable at the time of placing on the market or if it does not have the characteristics stated in the manufacturer’s description.
- What is the deadline for the User to exercise the product guarantee?
The product guarantee can be enforced by the User within two years from the time of placing on the market. The right to exercise the product guarantee is lost after this deadline.
- Against whom and under what other conditions can a product guarantee claim be made?
The product guarantee claim can be made against the producer or distributor. The defect of the product shall be proved by the User in case of claiming the product guarantee.
- In what kind of case is the producer (distributor) not liable for the product guarantee?
The manufacturer (distributor) shall not be liable for a defective product if it can prove that:
- the product was not manufactured or placed on the market in the course of business, or
- the defect was not recognisable at the time of placing the product on the market in the light of general scientific and technical knowledge, or
- the defect in the product is the result of the application of a legal or regulatory requirement.
- Please note that it is not possible to enforce a liability claim and product guarantee claim for the same defect simultaneously. However, if the product guarantee claim is effectively enforced, a liability claim for the replaced product or part may also be made against the manufacturer.
- In what cases can the Consumer exercise his/her right for product warranty?
In the event of defective performance, in line with Government Decree 151/2003. (IX. 22.) on the mandatory warranty for certain durable consumer goods (hereinafter: Government Decree), the Service Provider is obliged to provide a warranty for musical instruments above the sale price of HUF 10,000 as durable consumer goods, if the User qualifies as a Consumer.
- What rights does the Consumer under the warranty and within what period of time?
In the case of new durable consumer goods falling within the scope of the Government Decree, as defined in its annex, the duration of the warranty is set out in Section 2 (1) of the Government Decree:
a) one year in the case of a sale price reaching HUF 10,000 but not exceeding HUF 100,000,
b) two years in the case of a selling price exceeding HUF 100,000 but not exceeding HUF 250,000,
c) over the sale price of HUF 250,000 three years.
Failure to meet these deadlines will result in disqualification, with the following exceptions.
- If the consumer product needs repair, the warranty period will be extended from the date of delivery for repair to the time during which the Consumer was unable to use the consumer product as intended due to the defect.
- The warranty period begins with the delivery of the consumer product to the Consumer or, if the commissioning is performed by the Service Provider or its agent, begins on the day of commissioning.
- If the Consumer puts the consumer product into service more than six months after delivery, the starting date of the warranty period is the day of delivery of the consumer product.
- The Service Provider is obliged to make the warranty card available to the Consumer together with the consumer goods in a form that ensures the legibility of the content of the warranty card until the end of the warranty period. The warranty card must be worded clearly and unambiguously in Hungarian.
- The warranty card must state:
a) the name and address of the Service Provider,
b) the name and type of the consumer article which may be used to identify it and, if available, its serial number,
c) the name and address of the manufacturer, if the manufacturer is not the same as the Service Provider,
d) the date of concluding the contract and the handing over of the consumer product to the Consumer or, in the case of commissioning by the Service Provider or its collaborator, the commissioning of the consumer product,
e) the Consumer’s rights arising from the warranty, the term, place and conditions of their enforceability, and
f) the information that in case of a consumer dispute the Consumer may also initiate the proceedings of the conciliation body operated by the county (capital) chambers of commerce and industry,
g) the stamp imprint of the Service Provider and the signature of the person acting on its behalf while issuing, and in case of handing over an electronic document, the electronic signature.
- The Service Provider may also hand over the warranty card to the Consumer electronically in accordance with the provisions of the Government Decree. An invoice submitted to the Consumer electronically can be accepted as a warranty card if its content also complies with the provisions of this decree concerning the warranty card. The Service Provider is obliged to hand over the warranty card electronically at the latest on the day following the handover or commissioning of the product. If the Service Provider does not hand over the warranty card as an electronic document by sending it directly, but makes it available to the Consumer in the form of a download address, the downloadability of the electronic warranty card cannot be eliminated until the end of the warranty period, the download address must be available. The Service Provider is obliged to hand over the warranty card electronically at the latest on the day following the handover or commissioning of the product. In the event of a dispute, the Service Provider is obliged to prove the fulfilment of the previously written obligation.
- The rights arising from the warranty – with the exception of Section 4 (3) of the Government Decree – can be enforced with the warranty ticket, which cannot be made conditional on the return of the opened packaging of the consumer product by the Consumer. Improper issuance of the warranty card or failure to make the warranty card available to the Consumer does not affect the validity of the warranty.
- In case of failure to make the warranty card available to the Consumer, the conclusion of the contract shall be considered proven if the Consumer presents the proof of payment (the invoice or receipt issued on the basis of the Value Added Tax Act). In this case, the rights arising from the warranty can be enforced by proof of payment of the consideration.
- The Consumer may, at his / her option, enforce his / her request for repair directly at the Service Provider’s registered office, at any of its premises, branches and at the repair service indicated by the company on the warranty card.
- During the repair, only new parts may be installed in the consumer product.
- When fulfilling the request for repair, the Service Provider or – in the case of a request for repair validated directly at the repair service – the repair service must indicate on the warranty card or attached to it:
a) the date of notification of the request for repair and the date of acceptance for repair,
b) the cause of the error and the method of repair, and
c) the date of return of the consumer product to the Consumer.
- When fulfilling the request for replacement, the Service Provider must indicate the fact and date of replacement on the warranty card.
- If the Service Provider finds during the repair of the consumer product for the first three times during the warranty period that the consumer product cannot be repaired, the Service Provider is obliged to replace the consumer product within 8 days, unless otherwise provided by the consumer. If it is not possible to replace the consumer goods, the Service Provider is obliged to refund the purchase price indicated on the document presented by the Consumer certifying the payment of the consumer goods – on the invoice or receipt issued on the basis of the Value Added Tax Act – within eight days.
- If, during the warranty period specified in the Government Decree, the consumer product fails again after being repaired three times – unless otherwise provided by the Consumer – and if Act V of 2013 on the Civil Code Section 6: 159 (2) b), the Consumer does not request a proportional delivery of the purchase price, and the Consumer does not wish to repair or have the consumer product repaired at the Service Provider’s expense, the Service Provider is obliged to replace the consumer product within eight days. If it is not possible to replace the consumer goods, the Service Provider is obliged to reimburse the purchase price to the Consumer within eight days.
- If the consumer product is not repaired by the 30th day from the notification of the repair request to the Service Provider, – unless otherwise provided by the consumer – the Service Provider is obliged to replace the consumer product within 8 days after the unsuccessful thirty-day period. If it is not possible to replace the consumer goods, the Service Provider is obliged to refund the purchase price indicated on the document presented by the Consumer certifying the payment of the consumer goods – on the invoice or receipt issued on the basis of the Value Added Tax Act – within eight days.
- In the event of a defect in the consumer product within the warranty period, the Consumer is entitled to make a choice based on his warranty claim:
a./ claim a repair or replacement, unless it is impossible to fulfil the chosen warranty or would impose a disproportionate additional cost on the debtor compared to the performance of another warranty, taking into account the value of the service in good condition, the seriousness of the breach and the caused damage to Consumers’s interests;
b./ if the obligor has not undertaken the repair or replacement, or within the time limit corresponding to this obligation cannot fulfill it in the interests of the Consumer, or if the Consumer’s interest in the repair or replacement has ceased, the Consumer may request an appropriate price reduction or may, at the debtor’s expense, repair it or have it repaired by another, or withdraw from the contract.
- There is no room for withdrawal due to a minor error. The repair or replacement must be carried out within a reasonable time in the interests of the right holder, taking into account the nature of the thing and its intended use expected by the right holder.
- In what cases is the Service Provider exempt from warranty obligations?
The Service Provider is exempt from the warranty obligations only if it can prove that the fault was caused after the accomplishment of the contract. It is worth noting that liability claims and product warranty claims, and product guarantee claims and product warranty claims cannot be enforced concurrently, but otherwise the Consumer will be entitled to warranty rights regardless of the rights described in the liability claim and product guarantee Articles.
- The Service Provider has no warranty obligations beyond the warranty period (life expectancy) for damages caused by natural wear and tear.
- The Service Provider has no guarantee and warranty obligations for damages resulting from improper or negligent handling, excessive stress, or unintended exposure to the product, or other improper use of the products.
- If the Consumer claims for a replacement within three working days of purchase (from operation) due to a defect in the product, the Service Provider shall replace the product if the defect prevents its proper use.
Procedure in Case of Guarantee Claim
- In the contract of the Consumer and the Business, the agreement cannot depart to the disadvantage of the Consumer.
- It is the duty of the Consumer to prove the conclusion of the contract (by invoice or by receipt).
- The Service Provider is responsible for costs in connection with the fulfilment of guarantee. (Civil Code Section 6:6166)
- The ServiceProvider shall write a record concerning the claim of the guarantee and warranty of the Consumer.
- The copy of the record should be send immediately and made available to the Consumer in a verifiable manner.
- If the Service Provider is not able to declare the fulfilment of the Consumer’s guarantee or warranty claim upon notification, the Service Provider shall inform the Consumer of its position within five working days in a verifiable manner, including the reason for rejection and the possibility of recourse to the conciliation body.
- The Service Provider shall keep the report for three years from the date of its recording and present it at the request of the audit authority.
- The Service Provider shall endeavour to carry out the repair or replacement within a maximum of fifteen days. If the duration of the repair or replacement exceeds 15 days, the Service Provider is obliged to inform the Consumer about the expected duration of the repair or replacement. The information shall be provided with the Consumer’s prior consent, by electronic means or by any other means suitable for the Consumer’s receipt.
- The Service Provider is entitled to use a contributor to fulfil its obligation. It is liable for its unlawful conduct as if it had committed the unlawful conduct itself.
- The invalidity, illegality or unenforceability of any part of these Articles shall not affect the validity, legality or enforceability of the remainder.
- Failure by the Service Provider to exercise its right under this Policy shall not constitute a waiver of such right. The waiver of any right is subject to express written notice to that effect. The fact that the Service Provider does not strictly adhere to one of the material terms or conditions of the Code once does not mean that it waives the obligation to adhere to that particular condition or clause in the future.
- The Service Provider and User should try to resolve the case out of court.
- The Parties state that the Service Provider’s webshop operates in Hungary and maintains it here. Because the site is accessible from other countries, Users expressly acknowledge that the applicable law between the User and the Service Provider is Hungarian law. If the User is a Consumer, Pp. Section 26. (1) the court of the defendant’s domicile has exclusive jurisdiction over the Consumer in disputes arising from this contract.
- The Service Provider does not apply different general access conditions for access to the products in the webshop for reasons related to the nationality, domicile or place of establishment of the User.
- The Service Provider does not apply different conditions to the payment transaction regarding the accepted payment methods due to the nationality, domicile or place of residence of the User, the account location of the payment account, the place of establishment of the payment service provider or the place of issue of the cash substitute payment instrument within the EU.
- The Service Provider complies with the requirements of the Internal Market on grounds of unjustified territorial restriction of content and other forms of discrimination based on the nationality, place of residence or place of establishment of the buyer, as well as Regulation (EC) No 2006/2004 and Regulation (EU) 2017/2394 as well as 2009/22. REGULATION (EC) No 2018/302 OF THE EUROPEAN PARLIAMENT AND COUNCIL.
Complaint Handling Procedures
- The purpose of our website is to fulfil all orders in good quality and to the customer’s full satisfaction. If the User still has any complaints regarding the contract or its performance, he/she may submit his/her complaint at the above e-mail address or at the premises by letter or even in person after prior appointment.
- The Service Provider shall promptly investigate the oral complaint and remedy it as necessary. If the Consumer disagrees with the handling of the complaint, or it is not possible to immediately investigate the complaint, the Service Provider shall promptly record the complaint and its position regarding the complaint and provide a copy thereof to the Consumer.
- The Service Provider shall respond in writing within 30 days. It shall state the reasons for its rejection of the complaint. A record of the complaint and a copy of the response shall be retained by the Service Provider for a period of 3 years and shall be provided to the control authorities upon request.
- You are informed that in the event of your complaint being rejected, you can initiate an official or conciliation body procedure regarding your complaint, at the contact details below.
- The Service Provider uses the conciliation panel procedure in order to settle the consumer dispute.
- The Consumer may lodge a complaint with the Hungarian Consumer Protection Authority:
Nemzeti Fogyasztóvédelmi Hatóság
Cím: 1088 Budapest, József krt. 6.
Levelezési cím: 1428 Budapest, PF: 20.
GPS koordináták: X 19,071 Y 47,496
Központi telefonszám: +36 1 459 4800
Faxszám: +36 1 210 4677
Or with its territorial bodies:
Bács-Kiskun Megyei Kormányhivatal
Közlekedési, Műszaki Engedélyezési és Fogyasztóvédelmi Főosztály, Fogyasztóvédelmi Osztály
Osztályvezető: Récsányi Ilona
Cím: 6000 Kecskemét, Szent István krt. 19/A.
Postacím: 6000 Kecskemét, Szent István krt. 19/A.
Telefonszám: +36 76 795 710, Telefax: +36 76 795 721
hétfőtől csütörtökig 8.00 – 12.00 és 12:30 – 15:00
pénteken 8.00 – 12.00
According to the Government Decree 387/2016. (XII. 2.) about designating consumer protection authorities, in administrative regulatory matters the district office or the county office according to the county seat acts in the first instance, in the second instance, the Pest County Government Office acts with national competence. All county offices can be reached at: http://jarasinfo.gov.hu
In the event of a complaint, the Consumer has the option of contacting a conciliation body which can be found at:
Bács-Kiskun Megyei Békéltető Testület
Címe: 6000 Kecskemét, Árpád krt. 4.
Levelezési címe: 6001 Kecskemét Pf. 228.
Telefonszáma: (76) 501-525; (76) 501-532; (70) 938-4765
Fax száma: (76) 501-538
Név: Dr. Horváth Zsuzsanna
E-mail cím: firstname.lastname@example.org;
Baranya Megyei Békéltető Testület
Címe: 7625 Pécs, Majorossy Imre u. 36.
Telefonszáma: (72) 507-154; (20) 283-3422
Fax száma: (72) 507-152
Név: Dr. Bércesi Ferenc
E-mail cím: email@example.com; firstname.lastname@example.org;
Békés Megyei Békéltető Testület
Címe: 5600 Békéscsaba, Penza ltp. 5.
Telefonszáma: (66) 324-976
Fax száma: (66) 324-976
Név: Dr. Bagdi László
E-mail cím: email@example.com;
Borsod-Abaúj-Zemplén Megyei Békéltető Testület
Címe: 3525 Miskolc, Szentpáli u. 1.
Telefonszáma: (46) 501-091 (új ügyek); 501-871 (folyamatban lévő ügyek)
Név: Dr. Tulipán Péter
E-mail cím: firstname.lastname@example.org;
Budapesti Békéltető Testület
Címe: 1016 Budapest, Krisztina krt. 99.
Telefonszáma: (1) 488-2131
Fax száma: (1) 488-2186
Név: Dr. Inzelt Éva Veronika
E-mail cím: email@example.com;
Csongrád Megyei Békéltető Testület
Címe: 6721 Szeged, Párizsi krt. 8-12.
Telefonszáma: (62) 554-250/118 mellék
Fax száma: (62) 426-149
Név: Dr. Horváth Károly, Dr. Jerney Zoltán
E-mail cím: firstname.lastname@example.org;
Fejér Megyei Békéltető Testület
Címe: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Telefonszáma: (22) 510-310
Fax száma: (22) 510-312
Név: Dr. Vári Kovács József
E-mail cím: email@example.com;
Győr-Moson-Sopron Megyei Békéltető Testület
Címe: 9021 Győr, Szent István út 10/a.
Telefonszáma: (96) 520-217
Név: Dr. Bagoly Beáta
E-mail cím: firstname.lastname@example.org;
Hajdú-Bihar Megyei Békéltető Testület
Címe: 4025 Debrecen, Petőfi tér 10.
Telefonszáma: (52) 500-710; (52) 500-745
Fax száma: (52) 500-720
Név: Dr. Hajnal Zsolt
E-mail cím: email@example.com;
Heves Megyei Békéltető Testület
Címe: 3300 Eger, Hadnagy u. 6. földszint
Levelezési címe: 3300 Eger, Pf. 440.
Telefonszáma: (36) 416-660/105 mellék
Fax száma: (36) 323-615
Név: Dr. Gondos István
E-mail cím: firstname.lastname@example.org;
Jász-Nagykun-Szolnok Megyei Békéltető Testület
Címe: 5000 Szolnok, Verseghy park. 8. III. emelet 303-304. szoba
Telefonszáma: (20) 373-2570
Fax száma: (56) 370-005
Név: Dr. Lajkóné dr. Vígh Judit
E-mail cím: email@example.com;
Komárom-Esztergom Megyei Békéltető Testület
Címe: 2800 Tatabánya, Fő tér 36.
Telefonszáma: (34) 513-010
Fax száma: (34) 316-259
Név: Dr. Bures Gabriella
E-mail cím: firstname.lastname@example.org;
Nógrád Megyei Békéltető Testület
Címe: 3100 Salgótarján, Mártírok útja 4. fsz 14.
Telefonszám: (32) 520-860
Fax száma: (32) 520-862
Név: Dr. Pongó Erik
E-mail cím: email@example.com;
Pest Megyei Békéltető Testület
Címe: 1055 Budapest, Balassi Bálint utca 25. IV/2.
Levelezési címe: 1364 Budapest, Pf.: 81
Név: Dr. Koncz Pál
E-mail cím: firstname.lastname@example.org
Honlap cím: www.panaszrendezes.hu
Somogy Megyei Békéltető Testület
Címe: 7400 Kaposvár, Anna utca 6.
Telefonszáma: (82) 501-000; (82) 501-026
Fax száma: (82) 501-046
Név: Dr. Csapláros Imre
E-mail cím: email@example.com;
Szabolcs-Szatmár-Bereg Megyei Békéltető Testület
Címe: 4400 Nyíregyháza, Széchenyi u. 2.
Telefonszáma: (42) 420-180
Fax száma: (42) 420-180
Név: Görömbeiné dr. Balmaz Katalin
E-mail cím: firstname.lastname@example.org;
Tolna Megyei Békéltető Testület
Címe: 7100 Szekszárd, Arany J. u. 23-25.
Telefonszáma: (74) 411-661; (30) 664-2130
Fax száma: (74) 411-456
Név: Mónus Gréta
E-mail cím: email@example.com; firstname.lastname@example.org;
Vas Megyei Békéltető Testület
Címe: 9700 Szombathely, Rákóczi Ferenc u. 23.
Telefonszáma: (94) 312-356; (94) 506-645; (30) 956-6708
Fax száma: (94) 316-936
Név: Dr. Kövesdi Zoltán
E-mail cím: email@example.com
Veszprém Megyei Békéltető Testület
Címe: 8200 Veszprém, Radnóti tér 1.
Telefonszáma: (88) 814-121; (88) 814-111
Fax száma: (88) 412-150
Név: Dr. Herjavecz Klára
E-mail cím: firstname.lastname@example.org
Zala Megyei Békéltető Testület
Címe: 8900 Zalaegerszeg, Petőfi utca 24.
Telefonszáma: (92) 550-513
Fax száma: (92) 550-525
Név: Dr. Molnár Sándor
E-mail cím: email@example.com
- The conciliation body is competent for the out-of-court settlement of consumer disputes. It is the task of the conciliation body to attempt to reach a settlement between the parties for the purpose of resolving consumer disputes, failing which it will decide on the matter in order to ensure the simple, expeditious, effective and cost-effective enforcement of consumer rights. The conciliation body shall, at the request of the Consumer or the Service Provider, advise on the Consumer’s rights and obligations.
- In the event of a cross-border consumer dispute arising out of an online sales or service contract, the conciliation body attached to the Budapest Chamber of Commerce and Industry shall have sole jurisdiction.
- In the event of a consumer complaint, the Consumer may use the EU online dispute resolution platform. Accessing the platform requires a simple registration with the European Commission by clicking here. Then, after logging in, the Consumer can lodge a complaint through the online website: http://ec.europa.eu/odr
- The Service Provider shall be obliged to cooperate in conciliation proceedings. In doing so, it is required to send its response letter to the conciliation body and to ensure the presence of the person entitled to reach a settlement at the hearing. Where the business or seat of the business is not established in the county in which the conciliation body operating the territorially competent body is located, the Business’s obligation to cooperate shall include offering the possibility of a written settlement in accordance with the Consumer’s requirements.
Intellectual Property Rights
- Since bamboosaxes.com, as a website, is considered intellectual property, it is absolutely forbidden to download (duplicate), redistribute, otherwise use, electronically store, process or sell the content or any part of bamboosaxes.com without the written consent of the Service Provider.
- Even with written consent, any material may be only taken from the bamboosaxes.com website and its database with reference to that website.
- The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names formed with them and the Internet advertising space.
- It is prohibited to: adapt or reverse engineer the content of bamboosaxes.com or any parts of it; fraudulent creation of user IDs and passwords; use of any application that modifies or indexes the bamboosaxes.com website or any part thereof.
- The name bamboosaxes.com is protected by copyright, its use, except for the reference, is permitted only with the written consent of the Service Provider.
- The User acknowledges that in the event of unauthorised use the Service Provider is entitled to a penalty paid by the User. The amount of the penalty shall be USD 200 gross per image and USD 70 gross per word. The User acknowledges that this penalty is not excessive and browses the site with this in mind. In the event of a copyright infringement, the Service Provider uses a notarial fact certificate, and its cost is also passed on to the infringing User.
- Data handling
- Act CXII of 2011 (“Privacy Act”)
- Withdrawal, liability, product warranty, refund
- Government Decree 45/2014. (II. 26.)
- Government Decree 151/2003. (IX. 22.)
- Government Decree 270/2020. (VI. 12.)
- Intellectual Property Rights
- Act LXXVI of 1999 on copyright
- The following legislations particularly apply to the Treaty:
- Act CLV of 1997 on Consumer Protection
- Act CVIII of 2001 on certain issues of electronic commerce activities and information society services
- Act V of 2013 promulgating the Civil Code.
- Government Decree 151/2003. (IX. 22.) on the mandatory warranty for certain durable consumer goods
- Government Decree 45/2014 (II.26.) on detailed rules of contracts between the Customer and the business
- NGM Decree 19/2014. (IV. 29.) on the procedural rules for handling warranty and guarantee claims for things sold under a contract between a consumer and a business
Kecskemet, 15 January 2021
Updated: 20 April 2021
This is the second part of the General Terms and Conditions. The document consists of two pages and the previous one can be found here: