Fogyasztóvédők Magyarországi Egyesülete

Some important concept:

Goods: any marketable article that may be held in possession, including objects that may be used as such articles.
Consumer: a natural person who purchases, orders, receives, or uses goods for nonbusiness or non- rofessional purposes, or for whom a service is rendered, furthermore who is the addressee of information or an offer related to goods or services consumer: shall mean any person who is a party to a contract concluded for reasons other than economic or professional activities;
"consumer contract” shall mean any contract concluded by a consumer and a person acting within the scope of his economic or professional activities; in the application of the provisions of this Act pertaining to guarantee and warranty, a consumer contract shall be construed as any contract the object of which is a movable property (consumer goods) with the exception of electricity, water and gas sold in tanks or bottles or in any other measured quantity, articles sold under judicial execution or some other regulatory procedure, and used articles sold by auction in which the consumer is also allowed to participate. (Civil Code Section 685)

Requesting the contractor, recording the complaint

If the quality of consumer goods is not suitable, the consumer may claim under the rules of warranty. The rules of warranty are included or example in the Civil Code of the Republic of Hungary (theremore CC), the Government Decree No. 151/2003. (IX. 22.), or 181/2003. (XI. 5.) etc.
If the the warranty period has not yet expired, the consumer shall request the contractor where the goods were purchased. The consumer may also request the technical service indicated on the guarantee certificate.
 

It is important to note that it is necessary to have a bill, or the warranty card, and the product itself to a succesful complaint.

• The contractor must to draw up minutes about the consumer complaint. The minutes must contain:
• The consumer's name, address,
• The exact name of theconsumer goods, purchase price,
• The date of purchase,
• Date of notification of the error,
• Description of the error,
• The consumer is intended to enforce a claim,
• A way of resolving the complaint (if different from the demands of the consumer, it must also be justified).

If the distributor - despite the legal obligation - does not want to include minutes, consumers should report it in the buyer's book, and informing about it the National Consumer Protection Authority.

Practical advice

• Minutes has to be drawn in each case
• Always make sure, that the warranty card was stamped in case of repair or replacement, otherwise the product warranty is not extended.
• If the goods are handed over for repair, it should always happen against a receipt, containing the following informations: the consumer's name and address, the necessary data to identify the product, the date of delivery and the date on which the consumer will be able to collect the goods repaired.

Express Warranty

Where guarantee is to be provided under contract or legal regulation for the faultless performance of a contract, the guarantor shall be released from liability during the guarantee period if he is able to prove that the cause of the defect occurred after performance. This guarantee shall not affect the consumer's legal rights.
The guarantor shall be subject to liability in accordance with the conditions laid down in the guarantee statement, the applicable legal regulation, or the relevant advertising.
For consumer contracts, the guarantee shall specify the name and address of the guarantor, the contents of the guarantee and the duration and territorial scope of the guarantee as well as the essential particulars necessary for making claims under the guarantee; it shall also state that the consumer has legal rights under applicable legislation. At the consumer's request, the guarantee statement shall be made available in writing or in another durable medium available and accessible to him. Concerning the guarantee statement, additional requirements may be stipulated by legal regulation where it is made mandatory. Noncompliance with the provisions set out in this Subsection shall not affect the validity of the guarantee obligation.
 

Consumers shall be allowed to communicate a complaint at any time within the guarantee period.
The legal provisions on exercising warranty rights shall be duly applied concerning the application of binding guarantees.

Deficient Performance

On the basis of a contract in which the parties owe mutual services to one another, lack of conformity occurs on the part of the obligor if the goods provided do not, at the time of performance, correspond to the requirements stipulated by law or by the contract.
Any lack of conformity resulting from incorrect installation of the consumer goods shall be deemed to be equivalent to lack of conformity of the goods if installation forms part of the contract of sale of the goods and the goods were installed by the obligor or under his responsibility. This shall apply equally if the product, intended to be installed by the consumer, is installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions. Any clause of a consumer contract that deviates from these provisions to the detriment of the consumer shall be null and void.
The obligor shall be subject to liability for lack of conformity (implied warranty).

Unless proved otherwise, any lack of conformity that becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity. Any agreement of the parties to the contrary shall be null and void.

In the case of non-conformity with the contract,

• consumers shall, in the first place, be entitled to choose either repair or replacement unless this is impossible or it results in disproportionate expenses on the part of the obligor as compared to the alternative remedy, taking into account the value the goods would have had there been no lack of conformity, the significance of the lack of conformity, and whether the alternative remedy could be completed without significant inconvenience to the consumer;
• if the consumer is entitled to neither repair nor replacement or if the obligor refuses to provide repair or replacement or is unable to meet the conditions described above, the consumer may require an appropriate reduction of the price or have the contract rescinded. The consumer is not entitled to have the contract rescinded if the lack of conformity is minor.
   

Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
 

These are the most importan rules of warranty and deficient performance in Hungary.