Fogyasztóvédők Magyarországi Egyesülete

Contracts away from business premises

About out of the business premises in general

We can find the detailed rules of this form of trading in 213/2008. (VIII. 29.) Gov. Decree on out of the business premises and on certain conditions of trading outside of the store. This decree was accepted by the hungarian Parliament to harmonize with the relevant european directive (Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises).

The scope of the decree

The scope of this Decree shall cover those contracts intent on selling goods and providing services, that were concluded between the constumer and the seller, on the initiation of the seller, outside of the store or business place and in lack of it, especially:

• at the consumer's home,
• at workplace,
• a temporary residence,
• provided that the seller look the consumer up not for the expressed request of the consumer.

By the time of a travel, party organized by a third person.

Outside of the store only goods with common intended purpose, and in unopened packeges can be market.
 

The followings can not be sold outside of the store when trading:

• Excise goods;
• Seed-corn and mother spawn;
• Drugs and psychotropic substances;
• Medicines, not medicines but curative substance or preparation, substances and preparations classified as dangerous substances, pesticide, substances on plant protection and growing production, veterinary preparations;
• Materials at a highly inflammable and explosive or inflammable and explosive materials flammability class;
• Hazardous waste, residual and separated materials containing hazardous components;
• Precious metals, gems and jewelry, ornaments maden from it;
• Food (including mushrooms) except the vegetables and fruits;

The consumer can’ be seen about trading outside the store at home between 19 hours in the evening and 9 in the morning, unless prior consent.
The person who look the consumer up at the consumer's home, at work, a temporary residence, is required to prove his/her identity to the consumer.

Withdraw from a contract

The trader shall inform the consumer at latest at the conclusion of contract in writing about his right to withdraw from a contract and about the name and address of the person against whom this right may be exercised.
If the trader doesn’t fulfill this obligation, the contract shall be null and void.
The consumer shall be entitled to withdraw from the contract from the date of concluding contract or, if it’s latter from the date of receiving the product, without giving any reasons within eight working days.
The consumer can’t not exercise his/her withdrawal right, if the goods can not be fully returned.