Annex 1 to Government Decree 45/2014 (II. 26.)

Withdrawal / termination notice

Right of withdrawal/termination

You have the right to withdraw from this contract within 14 days without giving any reason. Similarly, if the contract is for the provision of services and the performance of the contract has already begun, you have the right to terminate the contract within 14 days without giving any reason.

The withdrawal/termination period is (1….) .

If you wish to exercise your right of withdrawal/termination, you must send a clear statement of your intention to withdraw/terminate (e.g. by post, fax or email) to the following address: (2…). You may use the attached model withdrawal/termination statement for this purpose. (3…)

You exercise your right of withdrawal/termination within the deadline if you send your statement of withdrawal/termination before the expiry of the above-mentioned deadline.

Legal effects of withdrawal/termination

If you withdraw from this contract, we will refund all payments made by you, including delivery costs, without delay and no later than 14 days from the date we receive your notice of withdrawal (except for any additional costs incurred as a result of your choice of a delivery method other than the cheapest standard delivery method offered by us). We will use the same means of payment as you used for the initial transaction, unless you expressly agree to a different means of payment; you will not incur any fees as a result of this refund. (4…..)
(5 ….)
(6 ….)

Instructions for completing the sample withdrawal/termination notice:

(1…..) Insert one of the following texts in quotation marks:

a)in the case of a contract for the provision of services: "expires 14 days after the date of conclusion of the contract";

b)in the case of a contract for the sale of goods: "expires 14 days after the day on which you or a third party designated by you, other than the carrier, takes possession of the goods.";

c)for multiple products: "expires 14 days after the day on which you or a third party designated by you, other than the carrier, takes delivery of the last product.";

d)when providing a product consisting of several items or pieces: "where you or a third party designated by you, other than the carrier, takes delivery of the last item or piece.";

e)in the case of a contract for the regular supply of products within a specified period: "14 days from the day on which you or a third party designated by you, other than the carrier, takes delivery of the first product."
(2…..) Insert the name, postal address and, if available, telephone number, fax number and email address of your business.

(3…..) If you allow consumers to fill out and submit their withdrawal/cancellation notice electronically on your website, insert the following text: "You can also fill out the model withdrawal/cancellation form on our website [insert web address] or submit another statement clearly expressing your intention to withdraw/cancel. If you choose to do so, we will immediately confirm receipt of your withdrawal/termination on a durable medium (e.g., by email)."

(4…..) In the case of a contract for the sale of goods, if you have not offered to return the goods in the event of withdrawal, insert the following text: "We may withhold the refund until we have received the goods back or you have provided proof of having returned them, whichever is earlier."

(5…..) If the consumer has received the product under the contract
a)insert the appropriate option below:
– "We will return the product to you." or
– "You are required to return the product to us or …. [insert the name and postal address of the person authorized by you to receive the product, if any] without undue delay, but no later than 14 days from the date of notification of withdrawal. The deadline is met if you send the product before the 14-day period expires.";
and
b)insert as appropriate:
ba) "We will bear the cost of returning the product." or
bb)"You will bear the direct cost of returning the product." or
bc)In the case of a distance contract, if you do not offer to bear the cost of returning the product and the product cannot be returned by post due to its nature: "You shall bear the direct cost of returning the product, i.e. ... [insert amount] shipping costs."; or if the cost of returning the product cannot be reasonably estimated in advance: "You shall bear the direct cost of returning the product. The maximum estimated amount of these costs is... [insert amount]," or
bd)If, in the case of a contract concluded outside of business premises, the product was delivered to the consumer's home at the time of conclusion of the contract and, due to the nature of the product, cannot be sent by post: "We will transport the product back at our own expense.";
and
c)Insert the following: "You shall only be liable for any diminished value of the product resulting from the use of the product beyond what is necessary to establish the nature, characteristics and functioning of the product."
(6…..) In the case of a contract for the provision of services, insert the following text: "If you have requested that the service be provided within the notice period, you are obliged to reimburse us for the amount due for the service provided proportionally until the date of termination of the contract. Similarly, we will refund the part of the consideration you have provided that exceeds the value of the service we have provided."

Annex 3 to Government Decree 45/2014 (II. 26.)

Model information sheet on warranty, product warranty, and guarantee

1. Warranty

In what cases can you exercise your warranty rights?

In the event of defective performance of ...22, you may assert a warranty claim against the company in accordance with the provisions of the Civil Code.

What rights do you have based on your warranty claim?

You may choose to exercise the following warranty rights:
You may request repair or replacement, unless the fulfillment of your chosen request is impossible or would entail disproportionate additional costs for the company compared to fulfilling other requests. If you have not requested or could not request repair or replacement, you may request a proportionate reduction in the price or repair the defect yourself or have it repaired by someone else at the company's expense, or, as a last resort, you may withdraw from the contract.

You may switch from one warranty option to another, but you will bear the cost of the switch, unless it was justified or caused by the business.

What is the deadline for enforcing your warranty claim?

You are obliged to report the defect immediately after its discovery, but no later than two months after the discovery of the defect. Please note that you cannot enforce your warranty rights after the two-year limitation period from the date of performance of the contract. In the case of used items, this period is 23 days, but no more than one year.

Against whom can you enforce your warranty claim?

You can enforce your warranty claim against the company.

What other conditions apply to the enforcement of warranty rights?

Within six months of performance, there are no other conditions for enforcing your warranty claim beyond reporting the defect, provided that you can prove that the product or service was provided by the company ….24. However, after six months from the date of performance, you are required to prove that the defect you have identified already existed at the time of performance.

2. Product warranty

In what cases can you exercise your product warranty rights?

In the event of a defect in a movable item (product), you may, at your discretion, exercise your right specified in point 1 or make a product warranty claim.
What rights do you have under a product warranty claim?
As a product warranty claim, you may only request the repair or replacement of the defective product.

When is a product considered defective?

A product is defective if it does not meet the quality requirements in force at the time of its release onto the market or if it does not have the characteristics specified in the manufacturer's description.

What is the deadline for enforcing your product warranty claim?

You may enforce your product warranty claim within two years of the product being placed on the market by the manufacturer. After this period, you will lose this right.

Against whom and under what other conditions can you enforce your product warranty claim?

You may only exercise your product warranty claim against the manufacturer or distributor of the movable item. In the event of a product warranty claim, you must prove that the product is defective.

In what circumstances is the manufacturer (distributor) exempt from its product warranty obligations?

The manufacturer (distributor) shall only be exempt from its product warranty obligations if it can prove that:
– the product was not manufactured or marketed in the course of its business activities, or
– the defect was not recognizable at the time of marketing according to the state of science and technology, or
– the defect in the product results from the application of legislation or mandatory official regulations.
The manufacturer (distributor) only needs to prove one reason to be exempt.

Please note that you cannot enforce warranty claims and product warranty claims simultaneously and in parallel for the same defect. However, if your product warranty claim is successful, you can enforce your warranty claim against the manufacturer for the replaced product or repaired part.

[If the company is obliged to provide a warranty under law or contract, point 3 below must also be included in the information sheet:]

3. Warranty

In what cases can you exercise your warranty rights?

In the event of defective performance, the contract/²⁵…²⁶ based on …²⁷ is liable for warranty.

What rights do you have under the warranty and what are the time limits?²⁸

When is a business exempt from its warranty obligation?

The business shall only be exempt from its warranty obligation if it proves that the defect arose after performance.

Please note that you cannot enforce warranty and guarantee claims, or product warranty and guarantee claims, simultaneously and in parallel for the same defect. However, you are entitled to the rights arising from the guarantee, regardless of the rights specified in points 1 and 2.