Terms and conditions
https://kavemystique.com/ – effective from: 2024-08-14
Preamble
Welcome to our website! Thank you for trusting us with your purchase!
This online store’s General Terms and Conditions were created using the Fogyasztó Barát Terms and Conditions generator.
If you have any questions regarding these General Terms and Conditions, the use of the website, specific products, or the purchasing process, or if you would like to discuss any specific requests with us, please contact our colleague at the provided contact details!
Imprint: The data of the Service Provider (Seller, Business)
- Name: Kave Mystique s.r.o
- Headquarters: 946 57 Svaty Peter, Ulica Zichyho 1274/9
- Mailing address: 946 57 Svaty Peter, Ulica Zichyho 1274/9
- Registering authority: District Court of Nitra
- Company registration number: 55 858 228
- Tax number: SK2122109682
- Representative: Veress Márk Szebasztián
- Phone number: +36707836668
- Email: info@kavemystique.com
- Website: https://kavemystique.com/
- Bank account number: LT64 3250 0472 0802 7884
Web hosting provider’s details
- Name: MikroVps Informatikai és Szolgáltató Kft.
- Headquarters: 1096 Budapest, Sobieski János utca 19-21. A lh. 1. em. 1
- Contact: info@mikrovps.hu
- Website: https://www.mikrovps.net/
Definitions
- Goods: Movable items listed on the Website and intended for sale on the Website:
- Including water, gas, and electricity supplied in limited quantities or specific volumes in containers, bottles, or other means;
- Movable items that contain or are linked to digital content or digital services in such a way that the goods would not function without the digital content or service (hereinafter: goods with digital elements).
- Goods with digital elements: Movable items that contain or are connected to digital content or digital services in such a way that without the digital content or service, the goods would not fulfill their functions.
- Digital content: Data produced or provided in digital form.
- Parties: Seller and Buyer collectively.
- Consumer: A natural person acting for purposes outside their independent profession or economic activity who purchases, orders, receives, uses, or takes advantage of goods, or who is the recipient of commercial communication or offers related to the goods. In the context of rules regarding dispute resolution – except for the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council on the online resolution of consumer disputes, as well as amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC – a consumer is also considered a legal entity operating for purposes outside its independent profession or economic activity, such as a civil organization, church legal entity, condominium, or housing cooperative, who purchases, orders, receives, uses, or takes advantage of goods, or who is the recipient of commercial communication or offers related to the goods. Within the internal market, beyond the above, a company that qualifies as a buyer under Regulation (EU) 2018/302 on addressing unjustified territorial restrictions and other forms of discrimination based on nationality, residence, or establishment within the internal market is also considered a consumer.
- Consumer contract: A contract where one party is considered a consumer.
- Functionality: The ability of goods with digital elements, digital content, or digital services to perform the functions for which they are intended.
- Manufacturer: The producer of the Goods, or in the case of imported goods, the importer who brings the Goods into the European Union, or any person who labels the Goods with their name, trademark, or other distinctive mark, presenting themselves as the manufacturer.
- Interoperability: The ability of goods with digital elements, digital content, or digital services to work in conjunction with hardware and software other than those with which such goods, digital content, or services are typically used.
- Compatibility: The ability of goods with digital elements, digital content, or digital services to function with hardware or software without the need for modification, which are typically used together with the same type of goods, digital content, or services.
- Website: This website, which serves as a platform for contract formation.
- Contract: The purchase agreement made between the Seller and the Buyer through the Website and via email communication.
- Durable medium: Any device that allows the consumer or business to store data addressed to them personally in a way that is accessible for future reference and for a time appropriate to the purpose of the data, and that enables the unchanged reproduction of the stored data.
- Means of distance communication: Tools suitable for making contractual declarations between the parties in the absence of simultaneous physical presence. Such tools include particularly addressed or unaddressed printed materials, standardized letters, order forms published in press advertisements, catalogues, telephone, fax, and internet access tools.
- Distance contract: A consumer contract concluded between the parties, without simultaneous physical presence, within the framework of a distance sales system for the provision of goods or services, using only means of distance communication to conclude the contract.
- Business: A person acting within the scope of their profession, independent occupation, or business activity.
- Buyer/You: The person making a purchase offer and concluding a contract through the Website.
- Warranty: In contracts concluded between a consumer and a business (hereinafter: consumer contract), the warranty for performance under the contract, which the business voluntarily undertakes in addition to its legal obligations or in the absence of such legal obligations, as well as the mandatory warranty required by law.
- Purchase Price: The consideration payable for the Goods or digital content services.
Applicable legislation
The contract is governed by Hungarian law, with particular reference to the following regulations:
- Act CLV of 1997 on Consumer Protection
- Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Services Related to the Information Society
- Act V of 2013 on the Civil Code
- Government Decree 151/2003 (IX.22.) on mandatory warranties for durable consumer goods
- Decree 10/2024 (VI.28.) of the Ministry of Justice on defining the range of durable consumer goods subject to mandatory warranties
- Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses
- Decree 19/2014 (IV.29.) of the Ministry for National Economy on the procedural rules for warranty and guarantee claims in contracts between consumers and businesses
- Act LXXVI of 1999 on Copyright
- Act CXII of 2011 on Informational Self-Determination and Freedom of Information
- Regulation (EU) 2018/302 of the European Parliament and of the Council (February 28, 2018) on addressing unjustified territorial restrictions and other forms of discrimination based on nationality, residence, or establishment within the internal market
- Regulation (EU) 2016/679 of the European Parliament and of the Council (April 27, 2016) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
Scope and Acceptance of the Terms and Conditions
The content of the contract between us – in addition to the mandatory provisions of the applicable laws – is defined by these General Terms and Conditions (hereinafter: GTC). Accordingly, the present GTC contains the rights and obligations of both parties, the conditions of contract formation, the deadlines for performance, the terms of delivery and payment, the liability rules, and the conditions for exercising the right of withdrawal.
The technical information necessary for the use of the Website, which is not included in these GTC, is provided in other information available on the Website.
You are required to familiarize yourself with the provisions of these GTC before finalizing your order.
Language and Form of the Contract
The language of the contracts under these GTC is Hungarian.
Contracts under these GTC are not considered written contracts, and the Seller does not file them.
E-invoice
Our company uses electronic invoices in accordance with Section 175 of Act CXXVII of 2007. By accepting these GTC, you consent to the use of electronic invoices.
Prices
The prices are in Hungarian Forints. The Seller is exempt from VAT for sales purposes, so the prices do not include VAT. Prices are for information purposes only. It cannot be excluded that the Seller may modify the prices for business reasons. Price changes do not apply to already concluded contracts. If the Seller has displayed the price incorrectly, the Seller will proceed according to the “Procedure for Incorrect Prices” section of the GTC in the case of already concluded contracts.
The prices are in Hungarian Forints. The gross prices displayed in the store include 0% VAT. Prices are for information purposes only. It cannot be excluded that the Seller may modify the prices for business reasons. Price changes do not apply to already concluded contracts. If the Seller has displayed the price incorrectly, the Seller will proceed according to the “Procedure for Incorrect Prices” section of the GTC in the case of already concluded contracts.
Budapesti Békéltető Testület Headquarters: Budapest Jurisdiction: BudapestContact Information:: Address: 1016 Budapest, Krisztina krt. 99. I. em. 111. Mailing address: 1253 Budapest, Pf.:10. Phone: 06-1-488-2131 E-mail: bekelteto.testulet@bkik.hu Website: bekeltet.bkik.hu |
Baranya Vármegyei Békéltető Testület Headquarters: Pécs Jurisdiction: Baranya vármegye, Somogy vármegye, Tolna vármegyeContact Information:: Address: 7625 Pécs, Majorossy I. u. 36. Phone: 06-72-507-154 E-mail: info@baranyabekeltetes.hu Website: baranyabekeltetes.hu |
Borsod-Abaúj-Zemplén Vármegyei Békéltető Testület Headquarters: Miskolc Jurisdiction: Borsod-Abaúj-Zemplén vármegye, Heves vármegye, Nógrád vármegyeContact Information:: Address: 3525 Miskolc, Szentpáli u. 1. Phone: 06-46-501-090 E-mail: bekeltetes@bokik.hu Website: bekeltetes.borsodmegye.hu |
Csongrád-Csanád Vármegyei Békéltető Testület Headquarters: Szeged Jurisdiction: Békés vármegye, Bács-Kiskun vármegye, Csongrád-Csanád vármegyeContact Information:: Address: 6721 Szeged, Párizsi krt. 8-12. Phone: 06-62-554-250/118 E-mail: bekelteto.testulet@cskik.hu Website: bekeltetes-csongrad.hu |
Fejér Vármegyei Békéltető Testület Headquarters: Székesfehérvár Jurisdiction: Fejér vármegye, Komárom-Esztergom vármegye, Veszprém vármegyeContact Information:: Address: 8000 Székesfehérvár, Hosszúsétatér 4-6. Phone:06-22-510-310 E-mail: bekeltetes@fmkik.hu Website: www.bekeltetesfejer.hu |
Győr-Moson-Sopron Vármegyei Békéltető Testület Headquarters: Győr Jurisdiction: Győr-Moson-Sopron vármegye, Vas vármegye, Zala vármegyeContact Information:: Address: 9021 Győr, Szent István út 10/a. Phone: 06-96-520-217 E-mail: bekeltetotestulet@gymskik.hu Website: bekeltetesgyor.hu |
Hajdú-Bihar Vármegyei Békéltető Testület Headquarters: Debrecen Jurisdiction: Jász-Nagykun-Szolnok vármegye, Hajdú-Bihar vármegye, Szabolcs-Szatmár-Bereg vármegyeContact Information:: Address: 4025 Debrecen, Vörösmarty u. 13-15. Phone: 06-52-500-710 E-mail: bekelteto@hbkik.hu Website: hbmbekeltetes.hu |
Pest Vármegyei Békéltető Testület Headquarters: Budapest Jurisdiction: Pest VármegyeContact Information:: Address: 1055 Budapest, Balassi Bálint u. 25. IV/2. Phone: 06-1-792-7881 E-mail: pmbekelteto@pmkik.hu Website: panaszrendezes.hu |
Conciliation Board Procedure for Non-Consumers
According to the consumer protection law, the following entities qualify as consumers for the purposes of the Conciliation Board procedure: a civil organization defined by a separate law, a religious legal entity, a condominium, or a housing cooperative acting for purposes outside of their independent professional and economic activities, who purchase, order, receive, use goods, or are the recipients of commercial communication or offers related to goods.
The Conciliation Board is entitled to verify and examine whether the party qualifies as a consumer. The rules governing the procedure are those written under the Conciliation Board section.
Online Dispute Resolution Platform
The European Commission has created a website where consumers can register and resolve disputes related to online purchases through submitting a request, avoiding court procedures. This allows consumers to enforce their rights even if, for example, distance would otherwise hinder them.
If you wish to file a complaint regarding a product or service purchased online and do not want to go to court, you can use the online dispute resolution tool. On the portal, you and the trader against whom the complaint is made can jointly select the dispute resolution body to handle the case.
The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU.
Consumer-Friendly Ratings
We inform customers that the Seller uses the Consumer-Friendly rating system on the Website. This system allows customers to rate the Seller (the webshop) rather than individual products. The following technical measures ensure that only actual buyers can submit ratings:
- The system operates independently from the webshop using it, such that after the purchase, a rating widget is displayed, and the submitted ratings are stored in the Consumer-Friendly (JUTASA Ltd.) system.
- Feedback can only be submitted by actual buyers who receive an email to the email address provided to Consumer-Friendly after the purchase.
The webshop using the rating system has no technical ability to delete ratings or reviews.
As a result, the system only contains ratings and reviews from actual buyers, and it does not differentiate between positive and negative reviews—they are displayed equally.
Other Reviews
Partial Invalidity, Code of Conduct
If any provision of the General Terms and Conditions (GTC) is legally incomplete or invalid, the rest of the contract remains in effect, and the invalid or incorrect part is replaced by the relevant legal provisions.
The Seller does not have a code of conduct according to the law on the prohibition of unfair commercial practices against consumers.
Information on Goods Containing Digital Elements and Applicable Technical Protection Measures
The availability of the servers providing data on the website exceeds 99.9% annually. Regular backups of the full data content are made, so in case of any issues, the original data can be restored. The data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data is stored with appropriate encryption, using hardware support built into the processor for coding.
Information on the Essential Properties of the Goods
Information on the essential properties of the goods available for purchase on the website is provided in the descriptions accompanying each product.
Correction of Input Errors – Responsibility for Accuracy of Provided Data
During the order process, you have the opportunity to modify the data you have entered at any point before finalizing the order (by clicking the back button in the browser, the previous page will open, allowing you to correct the input data even if you have moved to the next page). Please note that you are responsible for ensuring that the data you provide is accurate, as the product will be invoiced and delivered based on the information you have provided. Incorrect email addresses or full inboxes may prevent the confirmation from being delivered and thus hinder the conclusion of the contract. If the Buyer notices an error in the provided data after finalizing the order, they should initiate the modification of the order as soon as possible. The Buyer can notify the Seller of the incorrect order by sending an email or calling the Seller using the contact information provided during the order.
Using the Website
Purchasing is not tied to registration.
Selecting the Goods
You can select the desired product category and individual goods by clicking on the WEB SHOP link on the website. By clicking on individual goods, you can see the product’s photo, item number, description, and price. The price listed on the website is the price you must pay when making a purchase.
Adding to the Cart
After selecting the OPTION, you can click the “Add to Cart” button to add any number of items to your cart without any obligation to purchase or pay, as adding to the cart does not constitute an offer.
We recommend adding the goods to your cart even if you’re not sure you want to purchase them, as this allows you to review the items you have selected and compare them on one screen. The cart’s content can be freely modified until you finalize the order by pressing the “Finalize Order” button. You can remove items from the cart, add new ones, or change the quantity.
If you place the selected goods in the cart, a pop-up window will appear with the text “The item has been added to the cart.” If you do not want to select more items, click the “Proceed to Cart” button. If you want to review or add more items, click the “Back to Item” button.
Viewing the Cart
During your use of the website, you can check the contents of your cart at any time by clicking on the “Cart” icon at the top of the website. Here, you can remove selected items from the cart or change the quantity of the goods. After pressing the “Update Cart” button, the system will display the updated information, including the price of the goods in the cart.
If you do not wish to select more goods, you can continue your purchase by clicking the “Proceed to Checkout” button.
Entering Customer Information
After pressing the “Proceed to Checkout” button, the contents of your cart will be displayed, along with the total price you will pay for the selected items. In the “Shipping Service” box, you can indicate how you wish to receive the ordered goods. If you choose delivery, the system will show the shipping cost, which you must pay upon placing your order.
In the “Billing Information” box, you can enter your email address, full name, address, and phone number. In the “Shipping Information” box, the system automatically stores the information provided during billing. If you want the goods delivered to a different address, check the box for “Ship to a different address?” and you can enter alternative details.
Reviewing the Order
After filling in the above boxes, you can finalize your order by clicking the “ORDER” button. By clicking the “ORDER” button, you will reach the “Order Details” page, where you can review the cart’s contents, your user, billing, and shipping information, and the total amount you must pay (you cannot change these details here).
Finalizing the Order (Making an Offer)
If you are satisfied that the cart’s contents match the items you want to order and that your information is correct, you can finalize your order by clicking the “ORDER” button. The information provided on the website does not constitute an offer by the Seller to enter into a contract. For orders subject to these GTC, you are considered the offeror.
By pressing the “ORDER” button, you explicitly acknowledge that your offer is binding, and your declaration—if confirmed by the Seller according to these GTC—entails a payment obligation. The Seller is obliged to immediately confirm the receipt of your order electronically. If this confirmation does not reach you within 48 hours of sending your order, you are released from any offer or contractual obligation.
Order Processing and Formation of the Contract
Order processing takes place in two stages. You can place your order at any time. Initially, you will receive an automatic confirmation acknowledging that your order has been received via the website. However, this confirmation does not constitute the acceptance of your offer. If you notice that the automatic confirmation email contains incorrect information (e.g., name, shipping address, phone number, etc.), you are obligated to inform us immediately via email, along with the correct details. If you do not receive the automatic confirmation email within 24 hours of placing your order, please contact us, as your order may not have reached our system due to technical reasons.
Following the submission of your offer, the Seller will confirm your offer through a second email. The contract is formed when the confirmation email sent by the Seller becomes accessible in your email system (second confirmation, acceptance of the offer).
Payment Methods
Barion
Barion Smart Gateway is a fully domestic payment gateway developed independently of banks, allowing for the acceptance of bank cards and e-money. In addition to its unbeatable prices, it offers a range of innovative features. Its use becomes even more convenient after a one-minute registration. Since card numbers are stored in a secure PCI DSS-certified system, all you need is your registered email address and password to use any stored card. Barion’s web interface provides reports, export options, and monthly invoice letters to aid business processes and official accounting. Transactions occur in real time and can also be monitored via a mobile app. Barion users can use the free Barion app to pay at more and more stores and restaurants without carrying cash or bank cards. The security of the service is guaranteed by the Hungarian National Bank (MNB license: H-EN-I-1064/2013). We handle the protection against card fraud flexibly and fairly.
Cash on Delivery
If you prefer to pay upon receipt of the package, select the “Cash on Delivery” payment option.
Apple Pay
Acceptable Use Guidelines for Apple Pay on websites
Google Pay
Acceptable Use Guidelines for Google Pay
Delivery Methods and Fees
GLS Courier Service
Goods are delivered by GLS courier service.
For more information, visit: GLS Group
This delivery method costs a gross fee of 1875 HUF.
Additional costs besides the delivery fee: 590 HUF for cash on delivery.
GLS Parcel Locker
This delivery method costs a gross fee of 1540 HUF.
Additional costs besides the delivery fee: 590 HUF for cash on delivery.
GLS Parcel Shop
While home delivery remains the most popular choice for online purchases, the percentage of customers opting for personal pickup is growing year by year. Customers can conveniently pick up their orders at GLS Parcel Shops at their convenience, where cash payment is available.
GLS Parcel Shops are located in easily accessible places, such as shopping centers, gas stations, bookstores, and other busy shops. Most offer extended opening hours, including weekends, for customers wishing to pick up or drop off packages. GLS sends an email or SMS notification to the recipient about the delivery of the goods. The buyer can collect the package within five business days, considering the opening hours of the GLS Parcel Shop.
This delivery method costs a gross fee of 1540 HUF.
Additional costs besides the delivery fee: 590 HUF for cash on delivery.
Delivery Deadline
The general delivery deadline for orders is no more than 30 days from the order confirmation. In the event of a delay by the Seller, the Buyer has the right to set an additional deadline. If the Seller does not fulfill the order within the additional deadline, the Buyer has the right to cancel the contract. If there are different delivery deadlines for specific delivery methods, they will be indicated accordingly.
Retention of Ownership, Reservation of Rights
If you have previously ordered goods but did not collect them upon delivery (excluding cases where you exercised your right of withdrawal), or if the goods were returned to the seller with a “not claimed” label, the Seller reserves the right to require advance payment of the purchase price and delivery costs.
The Seller may withhold the delivery of goods until it is verified that the payment of the goods’ price has been successfully completed through the electronic payment system (this includes cases where the Buyer pays via bank transfer, but due to exchange rate differences or banking fees, the Seller does not receive the full purchase price and delivery fee). If the full amount has not been paid, the Seller may request the Buyer to complete the payment.
Sales Abroad
The Seller does not differentiate between customers within Hungary and those within the European Union. Unless otherwise specified, the Seller ensures the delivery/pickup of ordered goods within Hungary.
This section applies to purchases made outside Hungary, following the relevant regulations. A buyer is considered a consumer who is a citizen or resident of an EU member state, or a business established within the EU that purchases goods or services exclusively for end-use.
A consumer is a natural person acting outside their trade, business, or profession.
The primary language for communication and purchases is Hungarian, and the Seller is not obligated to communicate in the Buyer’s native language.
The Seller is not required to comply with any non-contractual obligations under the buyer’s national laws, such as labeling or sector-specific requirements.
Unless otherwise specified, Hungarian VAT is applied to all goods.
Buyers may assert their rights under these terms and conditions.
For electronic payments, transactions occur in the currency specified by the Seller.
The Seller may withhold the delivery of goods until it is confirmed that the full payment has been made. If the purchase price has not been fully paid, the Seller may request the Buyer to complete the payment.
The Seller provides the same delivery options for non-Hungarian buyers as for Hungarian buyers.
If the Buyer is entitled to request delivery within Hungary or any other EU country, non-Hungarian buyers can also choose from the delivery methods listed in these terms.
If the Buyer can choose personal pickup at the Seller’s location, non-Hungarian buyers may also utilize this option.
Alternatively, the Buyer may request the goods to be delivered abroad at their own expense. Hungarian buyers do not have this right.
After payment of the delivery fee, the Seller will fulfill the order. If the Buyer does not pay the delivery fee or arrange for their own delivery within the agreed time, the Seller will terminate the contract and refund the purchase price.
The Goods do not have to comply with the above public statement if the Seller proves that:
- they did not know the public statement, nor were they required to know it;
- the public statement was corrected appropriately by the time the contract was concluded; or
- the public statement could not have influenced the contracting decision of the entitled party.
Defective performance in the sale of goods
The Seller is in defective performance if the defect in the goods arises from improper installation, provided that:
a) the installation is part of the sales contract and was carried out by the Seller or by someone else under the Seller’s responsibility; or b) the installation was to be done by the consumer, and the improper installation is due to deficiencies in the installation instructions provided by the Seller, or in the case of goods containing digital elements, the provider of the digital content or service.
If the sales contract requires the Seller to install the goods, or the installation is carried out under the Seller’s responsibility, performance is deemed complete when the installation has been finished.
In the case of goods containing digital elements, where the sales contract specifies continuous service of digital content or digital service for a specified period, the Seller is responsible for any defects related to the digital content if the defect occurs or becomes apparent within two years from the completion of the goods’ performance for a service period not exceeding two years.
Requirements for conformity in the case of goods containing digital elements sold under consumer contracts
In the case of goods containing digital elements, the Seller must ensure that the consumer is notified of any updates to the digital content or associated digital services— including security updates—that are necessary to maintain the conformity of the goods, and must ensure that the consumer receives these updates.
The Seller must make the updates available if the sales contract:
- provides for a one-time service of the digital content or service, based on the type and purpose of the goods and the specific circumstances and nature of the contract that the consumer could reasonably expect; or
- provides for continuous service of the digital content for a specified period, then for a period of up to two years, the Seller must ensure updates from the completion of the goods’ performance.
If the consumer fails to install the updates provided within a reasonable period, the Seller is not liable for defects in the goods if the defect arises solely from the failure to apply the relevant update, provided that:
a) the Seller informed the consumer about the availability of the update and the consequences of failing to install it; and b) the failure to install or the incorrect installation of the update by the consumer was not due to a deficiency in the installation instructions provided by the Seller.
No defective performance can be established if, at the time of the contract’s conclusion, the consumer was specifically informed that certain features of the goods deviate from the requirements described here, and the consumer explicitly accepted these deviations upon entering into the contract.
Requirements for conformity in the case of digital content sold under consumer contracts
The Seller provides the digital content to the consumer. Unless otherwise agreed, the Seller must deliver the digital content to the consumer without undue delay after the conclusion of the contract, in the most up-to-date version available at the time of the contract.
The service is considered completed when the digital content, or any solution necessary to access or download it, has been made available to the consumer or on the physical or virtual device chosen by the consumer for this purpose.
The Seller must ensure that the consumer is notified of updates to the digital content— including security updates—that are necessary to maintain the conformity of the digital content or service, and ensure that the consumer receives these updates.
If the contract provides for continuous service of the digital content over a specified period, conformity of performance regarding the digital content must be ensured for the entire duration of the contract.
If the consumer fails to install the updates provided within a reasonable time, the Seller is not liable for defects in the service if the defect arises solely from the failure to apply the relevant update, provided that:
- the Seller informed the consumer about the availability of the update and the consequences of not installing it; and
- the failure to install or the incorrect installation of the update by the consumer was not due to a deficiency in the installation instructions provided by the Seller.
No defective performance can be established if, at the time of the contract’s conclusion, the consumer was specifically informed that certain features of the digital content deviate from the requirements described here, and the consumer explicitly accepted these deviations upon entering into the contract.
The Seller is in defective performance if the defect in the digital content service arises from improper integration into the consumer’s digital environment, provided that:
- the integration of the digital content was performed by the Seller or under the Seller’s responsibility; or
- the consumer was responsible for integrating the digital content, and the improper integration was caused by deficiencies in the integration instructions provided by the Seller.
If the contract provides for continuous service of digital content or services for a specified period, the Seller is liable for defects related to the digital content if the defect occurs or becomes apparent during the period specified in the contract.
If the contract provides for a one-time service or a series of unique service acts, it is presumed—unless proven otherwise—that any defect recognized by the consumer within one year of performance already existed at the time of performance. However, the Seller is not in defective performance if they prove that the consumer’s digital environment is incompatible with the technical requirements of the digital content or service and that the consumer was clearly and understandably informed of this before the conclusion of the contract.
The consumer must cooperate with the Seller to allow the Seller to determine—using technically available tools that require minimal interference with the consumer—that the defect is not due to the consumer’s digital environment. If the consumer does not comply with this cooperation obligation after the Seller has clearly and understandably informed them of this obligation before concluding the contract, the burden of proof lies with the consumer to show that:
- the defect recognized within one year of performance already existed at the time of performance, or
- the defect in the service occurred during the contractually agreed period of performance.
Warranty for Defects
When can you exercise your warranty rights?
If the Seller performs defectively, you may assert your warranty claim against the Seller under the rules of the Civil Code and, in the case of a consumer contract, the 373/2021 (VI.30.) Government Decree.
What rights do you have under your warranty claim?
At your option, you may choose from the following warranty claims:
- You may request repair or replacement unless it is impossible or would result in disproportionate extra costs for the Seller compared to other available remedies. If you do not request or cannot request repair or replacement, you may request a proportional reduction in the price or, in the final instance, withdraw from the contract.