Fogyasztóvédők Magyarországi Egyesülete

All teh following rules are based on the rules of 17/1999 (II. 5.) Gov. decree and the 97/7/EC directive

If during the conclusion of contract, the parties use only one or more means of distance communications, it's worth to be aware of certain things.
A distant contract is concluded between business organisations or the branch offices in Hungary of foreign-based companies (they aren't consumers) on the one hand and consumers on the other concerning the provision of services or sale of goods by business organisations making exclusive use of one or more means of distance communication.

Telecommunication device is any device which is suitable for declaring of contract in the absence of parties.

For example:

• a blank without the adressee or the adress,
• standard letter,
• ardvertising with order- form,
• catalog,
• telephone,
• radio,
• electronic mail (e-mail),
• telefax and television.

The consumers right for certain information

Very important criterion for the business to comply with the disclosure obligation in a clear, understandable and accurate manner, according to the resorted telecommunication device.
If the supplier offers to conclude a contract with the consumer over the telephone, it shell inform the consumer at the beginning of the telephone conversation at least of its

• registered name (name),
• registered head office (place of residence),
• telephone number, and, especially, of its intention to conculde a contract.

The supplier before entering into contract shall inform the consumer in good time about several factors laid in the decree.
The supplier can not demand consideration from the consumer, if he sells any goods or provides a service that wasn’t previously ordered by the consumer, and the lack of the consumer’s declaration can’t lead to construe the "silent consent" principle as an intent on conclusion of contract.
 

Withdraw from the contract

The consumer shall be entitled to withdraw from the contract without giving any reasons within eight working days. The consumer may exercise the right of termination as of the date he/she recieves the product, or, int he case of service provision, as of the execution of the contract, provided that the business supplierd its obligation to provide the information. If the supplier fails to provide the information, the consumer may exercise his/her right of termination within three months of the date of receipt of the product or, in case of a service provision, of the day of concluding the contract.
The business organization shall reimburse the amount paid to it by the consumer immediately or within 30 days of the date of termination at the latest .The consumer shall bear expenses incurred in returning products following withdrawal from the contract. Consumers shall bear no other costs, but the business organisation shall neverthless be entitled to claim damages for improper use of the products.

Since the latest decision of the EC the consumer does not have to pay for sending a product, if witdrawing from the contract. Only for sending back the product is to pay for.