Effective: 27 April 2023
- Details of the seller
Name: Sales in Move Zrt.
Head office: 1031 Budapest, Örlő utca 8. 1. floor. 5.
Registrar of Companies: the Commercial Court of the Metropolitan Court of Budapest
Membership of the Chamber of Commerce and Industry of Budapest
Chamber registration number: BU29274048
Company registration number: 01-10-141383
Tax number: 29274048-2-41
Representative: Attila Dávid Baranyai, CEO
Phone number: +36-70-628-5984
Email contact: ugyfelszolgalat@cardinmove.com
Website: www.cardinmove.com
Bankszámlaszám: 10400171-50526988-66781029
Hosting provider: ELIN.hu Kft. (registered office: 9024 Győr, Déry T. utca 11., company registration number: 08-09-016359, tax number: 14315754-2-08, email: info@elin.hu)
- General provisions, scope
These General Terms and Conditions (hereinafter: GTC) contain the rights and obligations of the customers (hereinafter: Customer, in the case of a natural person within the meaning of Section 8:1.3 of Act V of 2013 on the Civil Code (Civil Code), hereinafter collectively referred to as the Parties) of the products offered on the Seller’s website (hereinafter: Website or Webshop).
The present GTC contain the information and performance rules required by law for distance contracts, the rules on the formation of the contract, the time limits for performance, delivery and payment terms, liability rules, and the rules on withdrawal and termination rights.
By publishing the GTC on the Website, the Seller enables and makes available to the Buyer the necessary information required by law before the conclusion of the contract.
By placing an order via the Website, the Customer accepts and acknowledges the provisions of these GTC as binding upon him/her. The Seller reserves the right to modify these GTC at any time without prior notice to the Customer. Such modifications shall not affect current or ongoing contracts, and shall only affect contracts which enter into force after their publication.
In matters not covered by these GTC, the applicable legal provisions and other mandatory standards shall prevail and apply.
- Copyright
The trademarks, logos and other materials displayed on the Website are protected by copyright. No third party may use, copy, distribute or publish the contents of the Website in any way or for any purpose without the express prior written consent of the owner. You may not create any link to any other website from the Website without prior written consent. Unlawful use of registered trademarks and copyrighted works may result in legal action.
- Responsibility
The Seller shall not be liable for any damage, loss or expense arising from the use of the Website or from its unavailability at any time, for any reason, for any period. Nor shall it be liable for any change in the data due to any unauthorised person, delay in the transmission of information, computer virus, line or system failure. The Seller reserves the right to modify the contents of the Website and to remove their availability. Furthermore, the Seller shall not be liable for any material created, transmitted or published by third parties which is linked or referred to the Website.
- The legislation on which the contract is based
- Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on combating unjustified territorial restrictions of content and other forms of discrimination based on the nationality, residence or domicile of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
- Act CXIX of 1995 on the Processing of Name and Address Data for Research and Direct Marketing Purposes (DM Act)
- Act CLV of 1997 on Consumer Protection (Fgytv.)
- Act LXXVI of 1999 on Copyright
- Act C of 2000 on Accounting (Accounting Act)
- Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (Eker tv.)
- Act CXXVII of 2007 on Value Added Tax (VAT Act)
- Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers (Fttv.)
- Act XLVIII of 2008 on the Basic Conditions and Certain Restrictions of Economic Advertising (Act XLVIII of 2008)
- Act V of 2013 on the Civil Code (Civil Code)
- Act CXXX of 2016 on the Code of Civil Procedure (Pp.)
- Government Decree 151/2003 (IX.22.) on the mandatory warranty for consumer durables
- 19/2014 (IV.29.) NGM Decree on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business
- Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses
- 373/2021 (30.VI.) Government Decree on the detailed rules for contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services
- Concepts
- General contractual term: a general contractual term is a contractual term which is unilaterally agreed in advance by the user for the purpose of concluding several contracts, without the involvement of the other party, and which has not been individually negotiated by the parties.
- Goods: movable goods offered for sale on the Website, including water, gas and electricity in containers, bottles or otherwise in limited quantities or of a specified capacity, and goods containing digital elements
- Goods containing digital elements: movable property that incorporates or is connected to digital content or a digital service in such a way that, in the absence of the digital content or digital service concerned, the goods would not be able to fulfil their functions
- Parties: seller and buyer jointly
- Consumer: according to the Civil Code. natural person acting outside the scope of his/her profession, self-employed occupation or business activity as defined in point 3 of paragraph 1 of Article 8:1
- Manufacturer: the manufacturer of the product, or in the case of an imported product, the importer who imports the goods into the territory of the European Union, and any person who claims to be the manufacturer by displaying the name, trademark or other distinctive sign of the Arun.
- Functionality: the ability of a good, digital content or digital service that contains digital elements to perform the functions for which it is intended
- Interoperability: the ability of a good, digital content or digital service that contains digital elements to work with hardware and software that is different from that with which the same type of good, digital content or digital service is typically used
- Compatibility: the ability of a good, digital content or digital service that contains digital elements to work with hardware or software with which the same type of good, digital content or digital service is commonly used, without the need for modification
- Warranty: a guarantee for the performance of a contract under the Civil Code, which the undertaking voluntarily assumes for the proper performance of the contract in addition to its statutory obligation or in the absence of such obligation
- Business: a person acting in the course of his or her profession, self-employment or business
- Purchase Price: the consideration payable for the Goods and the provision of digital content
- Contract: Contract of sale between the Seller and the Buyer using the Website and electronic mail
- Consumer contract: a contract concluded between a consumer and a person who concludes the contract in the course of his/her economic or professional activity.
- Distance contract: a consumer contract concluded without the simultaneous physical presence of the Parties in the context of a distance selling system organised for the provision of the Goods or Services covered by the contract, where the Parties use a means of distance communication only to conclude the contract.
- Device for remote communication: a device that enables the Parties to make a contractual statement in their absence for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in the press with order forms, catalogues, telephones, faxes and Internet access devices
- Product: any marketable movable property included in the offer of the Website and intended for sale on the Website, which is the subject of the Contract
- Buyer: a person who enters into a contract by making a purchase offer through the Website
- Language of the contract, form of the contract
The language of the contract is Hungarian.
Contracts covered by these GTC are not written contracts and are not registered by the Seller.
- Prices
- Prices shown on the Website
Prices are in HUF and include 27% VAT. The seller reserves the right to change the prices. The modification of prices does not affect contracts already concluded. If an order is received for a Goods with an incorrectly indicated price, but the contract has not yet been concluded, the Seller shall act in accordance with the terms and conditions set out in the “Procedure for incorrect price” section of the GTC.
- Incorrect price
It is considered to be an obvious misstatement of the price:
- Price amounting to 0 Ft
- in the case of a reduced price, the amount of the price less the advertised discount was incorrectly stated.
In case of incorrect price indication, the Seller offers the possibility to buy the Goods at the real price. The Buyer has the right to decide whether to order the Goods at the real price or to cancel the order, in which case the Buyer shall not be subject to any adverse legal consequences.
- Using the Website, the shopping process
During the purchase process, the system creates a user account for the Customer, so that the purchase can be made by registration.
- Selection of the Goods
Customers can click on the selected product to view a more detailed description of it. The Seller draws the Buyer’s attention to the fact that the photos of the products are illustrations and may differ from the reality. The product to be purchased is added to the shopping cart by clicking on the “Add to Cart” button, and it is also possible to order additional products and services at the price indicated in the Webshop. You can then click on the “Checkout” button to start finalising your order. If the Customer wishes to add more products to the shopping cart, he/she can continue shopping by viewing additional products and add the next product to be purchased and, if required, the additional product and additional service to the shopping cart as described above. By clicking on the “Cart” button, you will find the products you have added to your cart and the subtotal of your invoice. It is possible to check the correctness of the order (e.g. prices, quantity) and, if necessary, to correct or modify it. The shopping cart automatically calculates the total amount of the order and the shipping cost.
- Sending the order
If the purchase is final, click on the “Checkout” or “Proceed to checkout” button and enter the order details.
If the Customer has already made a purchase in the Webshop, he/she must provide the details of his/her user account used during the previous registration.
If the Customer registers as a new customer, he/she will be required to provide the data listed in the Privacy Policy published on the Website, which will be stored by the system and he/she will only need to log in the next time he/she makes a purchase.
The next step is to enter your billing and shipping details and, if you have a coupon, the coupon code. The system will then inform the Customer of the delivery and payment methods.
If the Customer – after providing the data – agrees with the content of the order, he/she must click on the “Submit Order” button to finalize the order.
- Correcting data entry errors
During the ordering process, before finalizing the order, the Customer has the possibility to correct or modify the data entered by him/her. It is important that the Customer always takes care of the accuracy of the data, since the invoicing and delivery will be based on the data provided by the Customer. The Seller expressly draws the Buyer’s attention to the fact that an incorrectly entered email address or the fullness of the storage space associated with the mailbox may result in non-delivery of the confirmation and may prevent the conclusion of the contract, for which the Seller shall not be liable. If, after finalising the order, the Customer discovers an error in the data provided, it is necessary to initiate a modification of the order as soon as possible. You may notify the Seller of the modification of the order with an e-mail sent from the e-mail address provided at the time of ordering or by telephone call.
- Finalising the order
The customer can close the order by clicking on the “Submit order” button. The information provided on the website does not constitute an offer by the Seller to conclude a contract. In the case of orders covered by these GTC, the Buyer shall be deemed to be the Bidder.
- Request for proposal
By clicking on the “Submit Order” button, the Customer expressly acknowledges that his/her offer constitutes an offer made and that his/her statement shall be subject to payment upon receipt of the Seller’s confirmation in accordance with these GTC. The Buyer is bound by his offer for a period of 48 hours. If the Seller does not confirm the Buyer’s offer within 48 hours in accordance with these GTC, the Buyer shall be released from the obligation to make an offer.
- Order confirmation and contract creation
You can place your order at any time.
The Seller will confirm the offer by email immediately after sending the offer to the Buyer, but within 48 hours at the latest. The contract is concluded when the confirmation email sent by the Seller becomes available in the Buyer’s mail system.
Within 4 days after sending the order, the Seller will inform the Customer by e-mail about the use of the purchased product and how to use it.
Subsequently, the Seller will also send the Buyer an email informing him/her of the change in the status of the purchased product, and will send the invoice for the purchase by the same email.
- Payment methods
- Stripe credit card payments: online credit card payments are made through Stripe’s electronic payment processing system. Stripe is a bank-independent payment acceptance system that allows you to pay conveniently and securely by credit card in online shops or mobile apps.
Read more: https://stripe.com/en-hu
- Subscriptions detailed in point 10 can also be paid via the Apple Store and Google Play.
- Delivery methods and charges
Delivery is made throughout Hungary.
In case of a successful payment, the Seller will notify you by email of the change in the status of the purchased product(s) and the expected delivery date. The delivery date indicated in the Seller’s confirmation is only an indication of the expected delivery time, and any failure to meet it will not give rise to any claim against the Seller. The Seller expressly excludes any liability in the event of delays caused by the delay of the courier service used.
Delivery by courier:
Parcels are delivered by couriers, typically between 8am and 5pm on working days. In advance, the courier service will inform the Customer of the arrival of the parcel by SMS and/or email, in which the courier service will specify a 2 or 4 hour delivery time. If the Customer is not at home during that period, it is recommended to specify a work address as the delivery address. If the courier cannot find anyone at the address provided, he will leave a notification. The Customer may contact the dispatcher at the telephone number provided on the notification to enquire about the parcel. The courier will attempt delivery again the next business day. If delivery fails a second time, the courier will return the goods to the Seller and the order will be cancelled. The Seller shall charge the Buyer for the delivery costs of the parcels not accepted.
Orders for the Webshop are delivered by the following courier service:
DPD Hungary Kft. (registered office: 1134 Budapest, Váci út 33, 2nd floor, company registration number: 01-09-888141)
Read more: https://www.dpd.com/hu/hu/
Fee for this delivery method: 1.890,- Ft
- Deadline for delivery
The processing of orders is ongoing.
The Seller will notify the Buyer by email of the expected date of order fulfilment.
The general delivery time is 7-10 working days from confirmation, up to a maximum of 30 days.
The Seller reserves the right to reject orders already confirmed in whole or in part. Partial fulfilment is possible only after agreement with the Buyer. In the event of full payment of the purchase price of the Product in advance, the Seller shall immediately return the full amount to the Buyer, but no later than 30 days as set out in Section 10.4 (e.g. because the Product is not available).
The fulfilment of this obligation shall not relieve the Contractor from any other consequences of its breach of contract.
- Application use, subscription system
Customers can use certain functions (e.g. edit card data) for free within the Card in Move app, which can be downloaded from the Apple Store or Google Play to use an NFC business card.
The customer has the possibility to request a subscription within the application, which can be requested in the following 3 schemes:
- subscription for an unlimited period, for a one-off fee
- fixed-term annual subscription for 1 year, with an annual subscription fee
- fixed-term, monthly subscription for 1 month, with a monthly subscription fee
The subscription systems are constantly being developed by the Seller, and their content may change and possibly be expanded as a result of such developments. The Seller draws the Customer’s attention to the fact that the current status, content and fees of the subscriptions can be found within the application.
The customer pays the subscription fees – for all three schemes – in one lump sum at the time of subscription request.
The subscription service becomes available to the Customer after the payment of the fee.
Customer may terminate the fixed term subscription at the latest by the last day of the fixed term subscription. The termination will apply to the next access period, i.e. the current access period will not be affected. Accordingly, in the case of a fixed-term package, the User’s access will not be terminated until the expiry of the fixed term, i.e. 1 month or 1 year in the case of 1 month or 1 year access, and therefore the Seller will not be obliged to make any financial repayment for the period concerned.
The User may notify the Seller of his/her intention to terminate the Agreement by sending the Seller a cancellation/termination notice or any other document with the same content on the Website.
There is no possibility to cancel an indefinite subscription for a one-off fee, and the Seller is not in a position to refund any money.
After cancelling your subscription, you can continue to use the free features available in the app.
The Seller draws the Customer’s attention to the fact that a subscription of 1 month or 1 year for a fixed term is automatically renewed at the end of the term used, unless cancelled, for a period equal to the term used. In this case, the subscription fee will be automatically deducted by the online payment service provider on the basis of the credit card details previously provided by the Customer.
- Information on use, technical conditions
Seller informs Buyer that the NFC physical business card works on a phone that has NFC functionality.
Seller recommends using a QR code to share the link and updating the operating system/software currently in use.
The seller is constantly improving its IT systems to correct outages or errors. Updates with bug fixes affecting the Apple Store and Google Play interfaces will be pushed out by the Apple Store or Google Play. If the approval of deployments by these providers is not prompt or delayed, there may be occasional outages in the use of the Service.
Seller shall not be liable in the event that Apple or Google does not release updates, make them available on the platform or allow downloading of the application.
However, the Seller will make every effort to resolve any situation that may arise, including by consulting with Apple or Google and informing the Customer of any outages as necessary.
- Consumer’s right of withdrawal and termination
- Conditions and time limits for withdrawal and termination
The consumer has the right to withdraw from the contract without giving any reason in accordance with Article 20 of Government Decree 45/2014 (II.26.). Consumer has the right of withdrawal or termination:
- For a contract for the sale of goods:
- to the Arun,
- in the case of the sale of several Goods, if the delivery of each Good is made at a different time, the last Good delivered,
- in the case of Goods consisting of several lots or pieces, the last lot or piece delivered,
- where the Goods are to be supplied regularly within a specified period, from the date of the first service, the date of receipt by the Consumer or a third party other than the carrier and indicated by the Consumer,
- in the case of a contract for the provision of services, within 14 days of the date of conclusion of the contract.
It follows from the definition of “Consumer” in Chapter 6 that sole proprietors, sole proprietorships, partnerships, legal entities, unincorporated associations, condominiums are not considered as Consumers and therefore cannot exercise the right of withdrawal without giving reasons.
Nothing in this clause shall affect the Consumer’s right to exercise his right of withdrawal under this clause during the period between the date of conclusion of the contract and the date of receipt of the Goods.
If the Consumer has made an offer to conclude the contract, the Consumer has the right to withdraw the offer before the conclusion of the contract, which terminates the obligation to make an offer to conclude the contract.
- Exercising the right of withdrawal or termination
The consumer may exercise his right of withdrawal and termination:
- using the declaration template on the Website; or
- by means of a clear declaration to that effect.
- Validity of the consumer’s withdrawal
The right of withdrawal shall be deemed to have been exercised within the time limit if the Consumer sends his declaration within the time limit, which is 14 days.
The burden of proof that the consumer exercised his right of withdrawal in accordance with the provision is on the consumer.
- Obligations of the seller in the event of withdrawal or termination by the consumer
If the Consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (II.26.), the Seller shall immediately, but no later than 14 days after becoming aware of the withdrawal, refund the total amount paid by the Consumer as consideration, including the costs incurred in connection with the performance (e.g. delivery charges).
In the event of withdrawal or termination in accordance with Article 22 of Government Decree 45/2014 (II.26.), the Seller shall refund the amount due to the Consumer in the same way as the payment method used by the Consumer. Subject to the express consent of the Consumer, the Seller may use a different method of payment for the refund, but the Consumer shall not be charged any additional fee as a result.
In the case of a contract for the sale of goods, the Seller may retain the amount of the refund until the Consumer has returned the goods or has proved beyond reasonable doubt that he has returned them, whichever is the earlier. The Seller shall not have the right of retention if he has undertaken to return the goods himself.
- In the event of withdrawal or termination of the consumer’s obligations
If the Consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (26.II.), the Consumer shall return the Goods immediately, but not later than 14 days from the date of withdrawal, or hand them over to the Seller or to a person authorised by the Seller to receive the Goods, unless the Seller has agreed to return the Goods himself. The return shall be deemed to have been effected within the time limit if the Consumer returns the Goods before the expiry of the time limit.
The Consumer bears only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
The goods can be returned to Sales in Move Zrt. (1125 Budapest, Kútvölgyi út 50. 1/4)
The Consumer is liable only for depreciation resulting from use beyond the use necessary to determine the nature, characteristics and functioning of the Goods.
If the Consumer terminates the contract after the start of performance, he shall pay to the Seller a fee proportionate to the services performed up to the date of notification of termination to the Seller. The amount to be paid by the Consumer pro rata shall be determined on the basis of the total amount of the consideration laid down in the contract plus tax. If the Consumer proves that the total amount so determined is excessive, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract.
- Exceptions to the consumer’s right of withdrawal and termination
The Consumer may not exercise his/her right under Article 20 of Government Decree 45/2014 (26.II.):
- in the case of a contract for the provision of a service, after the service has been fully performed, but where the contract imposes a payment obligation on the Consumer, only if performance has begun with the express prior consent of the Consumer and the Consumer’s acknowledgement that he will lose his right of withdrawal once the Seller has fully performed the contract;
- in respect of Goods or services whose price or price is subject to fluctuations in the financial market which cannot be influenced by the Seller and which are possible even during the period specified in paragraph (2) of Article 20;
- in the case of Goods which are not prefabricated and which have been manufactured on the instructions or at the express request of the Consumer or which are clearly personalised for the Consumer;
- perishable Goods or Goods which retain their quality for a short period;
- for sealed Goods that cannot be returned after opening after delivery for health or hygiene reasons;
- Goods which, by their nature, are inseparably mixed with other Goods after delivery;
- for alcoholic beverages whose actual value depends on market fluctuations in a way beyond the Seller’s control and whose price was agreed by the Parties at the time of the conclusion of the sales contract, but the contract will be performed only after the 30th day following the conclusion of the contract;
- in the case of a contract for work where the Seller visits the Consumer at the Consumer’s express request to carry out urgent repair or maintenance work;
- for the sale of a copy of a sound or video recording or computer software in sealed packaging, if the Consumer has opened the packaging after delivery;
- for newspapers, periodicals and periodicals, with the exception of subscription contracts;
- for contracts concluded by public auction;
- for contracts for the provision of accommodation, transport, car rental, catering or leisure activities, with the exception of housing services, if a deadline or period for performance has been set in the contract;
- in respect of digital content provided on a non-tangible medium, if the Seller has commenced performance with the express prior consent of the Consumer and the Consumer has, at the time of such consent, acknowledged that he/she loses the right of withdrawal after the commencement of performance and the Seller has sent a confirmation to the Consumer. E.g. games, music, wallpapers, etc. that can be purchased (downloaded) from the Internet platform.
- Contractual performance requirements
At the time of performance, the goods must comply with the requirements of Article 5 of Government Decree 373/2021 (30.VI.). In order for the performance to be deemed to be in conformity with the contract, the Goods subject to the contract must:
- must comply with the specifications, quantity, quality, type and have the functionality, compatibility, interoperability and other characteristics specified in the contract;
- be fit for any purpose specified by the Consumer, which the Consumer has brought to the Seller’s attention at the latest at the time of the conclusion of the contract and which the Seller has accepted;
- have all the accessories and instructions for use specified in the contract, including installation instructions, installation instructions and after-sales support; and
- provide the updates specified in the contract.
In order for the performance to be deemed to be in conformity with the contract, in addition to the above, the Goods subject to the contract must:
- be suitable for the purposes for which the relevant code of conduct for the same type of service is required by law, technical standard or, in the absence of a technical standard, by the relevant code of conduct;
- have the quantity, quality, performance and other characteristics, in particular in terms of functionality, compatibility, availability, continuity and security, which the Consumer can reasonably expect, as is normal for the same type of service, taking into account any public statement, in particular in an advertisement or on a label, by the Seller, his representative or any other person in the distribution chain, concerning the specific characteristics of the service;
- have the accessories and instructions, including packaging and installation instructions, that the Consumer could reasonably expect; and
- must comply with the characteristics and description of the service presented by the Seller as a sample, model or trial version prior to the conclusion of the contract.
The Araru does not have to comply with the public statement above if the defendant proves that
- did not know, and did not need to know, the public statement;
- the public statement has been duly corrected by the time the contract is concluded; or
- the public statement could not have influenced the right holder’s decision to conclude the contract.
In the case of Goods containing digital elements, the Seller must ensure that the Consumer is notified of and receives any updates to the digital content of the Goods or to the digital service associated with the Goods, including security updates, that are necessary to keep the Goods in conformity with the contract.
The seller must make the update available if the sales contract:
- provides for a one-off supply of digital content or a digital service, it is reasonable for the Consumer to expect, based on the type and purpose of the Goods and digital elements and the particular circumstances and nature of the contract; or
- provides for the continuous supply of digital content for a specified period, then
- within 2 years of the date of delivery of the Goods for continuous services of a duration not exceeding 2 years; or
- for continuous service of more than 2 years, for the entire duration of the continuous service.
If the Consumer fails to install the provided updates within a reasonable time, the Seller shall not be liable for any defect in the Goods if it is solely due to the failure to apply the relevant update, provided that
- the Seller has informed the Consumer of the availability of the update and the consequences of the Consumer’s failure to install it; and
- the failure of the Consumer to install the upgrade or the incorrect installation of the upgrade by the Consumer is not due to a lack of installation instructions provided by the Seller.
Defective performance cannot be established if, at the time of conclusion of the contract, the Consumer was specifically informed that a specific characteristic of the Goods deviates from the requirements detailed above and the Consumer expressly accepted this deviation at the time of conclusion of the contract of sale.
The Seller shall be deemed to have failed to perform if the defect in the Goods is due to their improper installation, provided that
- the installation is part of the sales contract and was carried out by the Seller or under the Seller’s responsibility; or
- the installation had to be carried out by the Consumer and the incorrect installation is the result of shortcomings in the installation instructions provided by the Seller or, in the case of goods containing digital elements, by the digital content or digital service provider.
If, according to the contract of sale, the Goods are to be installed by the Seller or installed under the Seller’s responsibility, performance shall be deemed to have been completed by the Seller when the installation is completed.
If, in the case of Goods containing digital elements, the contract of sale provides for the continuous provision of digital content or digital services for a specified period, the Seller is liable for any defect in the Goods in relation to the digital content or digital services if the defect
- within 2 years of the date of delivery of the Goods for continuous services of a duration not exceeding 2 years; or
- for continuous service of more than 2 years, occurs or becomes apparent during the entire period of continuous service.
- Warranty, product warranty, guarantee
- Accessories warranty
This section of the consumer information is based on Annex 3 of Government Decree 45/2014 (II.26.).
In which cases can you exercise your right to a warranty?
In the event of defective performance by the Seller, you may assert a claim for warranty against the Seller in accordance with the Civil Code and – in the case of consumer contracts – the rules of Government Decree 373/2021 (30.VI.).
What rights do you have under a warranty claim?
You may, at your option, make the following warranty claims:
- request a repair or replacement, unless one of these is impossible or would impose a disproportionate extra cost on the Seller compared to any other claim you have.
- if you have not requested or could not request the repair or replacement, you may request a proportionate reduction of the price or you may have the defect repaired or replaced at the Seller’s expense or, as a last resort, you may withdraw from the contract.
- you may switch from one warranty right to another, but you will bear the cost of the switch, unless it was justified or the Seller gave a reason for it.
In the case of a consumer contract, it shall be presumed, unless the contrary is proved, that the defect in the Goods and the Goods containing digital elements was discovered within 1 year of the date of performance of the Goods, unless such presumption is incompatible with the nature of the Goods or the nature of the defect.
The Seller may refuse to bring the Goods into conformity with the contract if repair or replacement is impossible or would result in disproportionate additional costs to the Seller, taking into account all the circumstances, including the value of the Goods in their original condition and the seriousness of the breach of contract.
The consumer is also entitled to claim a proportionate reduction in the price or to terminate the contract of sale, according to the seriousness of the breach of contract, if.
- the Seller has not carried out the repair or replacement, or has carried it out but has not complied, in whole or in part, with the following conditions
- the Seller must ensure the return of the replaced goods at his own expense
- if the repair or replacement requires the removal of goods which were put into service in accordance with the nature and purpose of the goods before the defect became apparent, the obligation to repair or replace includes the removal of the non-conforming goods and the putting into service of the goods supplied as a replacement or repaired goods or the bearing of the costs of removal or putting into service.
- refused to make the Goods conform to the contract,
- there was a repeated failure of performance, despite the Seller’s attempts to bring the Goods into conformity with the contract,
- the defect is of such gravity as to justify immediate price reduction or immediate termination of the sales contract, or
- the Seller has not undertaken to bring the Goods into conformity with the contract, or it is clear from the circumstances that the undertaking will not bring the Goods into conformity with the contract within a reasonable time or without significant detriment to the Consumer.
If the consumer wishes to terminate the sales contract on the grounds of defective performance, the burden of proving that the defect is insignificant lies with the Seller.
The Consumer shall be entitled to retain the remaining part of the purchase price, in whole or in part, according to the seriousness of the breach of contract, until the Seller has fulfilled its obligations regarding the conformity of performance and defective performance.
The reasonable time limit for the repair or replacement of the goods shall be calculated from the date on which the Consumer notified the business of the defect.
The Seller must ensure the return of the replaced Goods at his own expense. If the repair or replacement requires the removal of Goods that were put into service in accordance with the nature and purpose of the Goods before the defect became apparent, the obligation to repair or replace includes the removal of the nonconforming Goods and the installation of the replaced or repaired Goods or the bearing of the costs of removal or installation.
The Consumer must make the Goods available to the Seller in order to complete the repair or replacement.
The reduction of the consideration shall be proportionate if the amount of the reduction is equal to the difference between the value of the Goods due to the Consumer in case of contractual performance and the value of the Goods actually received by the Consumer.
The Consumer’s right to terminate the contract of sale may be exercised by means of a declaration addressed to the Seller expressing the decision to terminate.
If the non-conformity concerns only a specified part of the Goods supplied under the sales contract and the conditions for exercising the right to terminate the contract apply in respect of those Goods, the Consumer may terminate the sales contract only in respect of the non-conforming Goods, but may also terminate the sales contract in respect of any other Goods acquired with them if the Consumer cannot reasonably be expected to keep only the Goods which conform to the contract.
If the Consumer terminates the contract of sale in its entirety or in respect of part of the goods supplied under the contract of sale, the Consumer shall.
- the Consumer must return the goods to the Seller at the Seller’s expense; and
- the Seller must reimburse the Consumer for the purchase price paid for the goods concerned as soon as he has received the goods or the certificate of return of the goods.
What is the time limit for you to claim your warranty?
You must notify us of the defect as soon as you discover it, but no later than 2 months after the defect is discovered. However, you should note that you cannot claim any rights to claim for defects beyond the limitation period of 2 years from the date of performance of the contract. In the case of second-hand goods, the parties may agree on a shorter limitation period, but even then, a limitation period of less than 1 year cannot be validly agreed.
In the case of Purchasers who are not consumers, the period of validity of the right to claim under the warranty is 1 year, starting on the day of performance (delivery).
Who can you claim against?
You may assert a warranty claim against the Seller.
What are the other conditions for enforcing your rights under the warranty?
Within 6 months from the date of performance, you can claim for a defect, provided that you prove that the goods or services were provided by the Seller. However, after 6 months from the date of performance, you will have the burden of proving that the defect which you have discovered existed at the time of performance.
- Product Warranty
In which cases can you exercise your right to a product guarantee?
In the event of a defect in a movable item (product), you can – at your option – claim under the accessories warranty or the product warranty.
What rights do you have under a product warranty claim?
As a product warranty claim, you can only ask for the defective product to be repaired or replaced.
In which cases is the product considered defective?
A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.
What is the deadline for you to claim under the product warranty?
You have 2 years from the date the product was placed on the market by the manufacturer to make a product warranty claim. After this period, you lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You can only exercise your right to claim under a product warranty against the manufacturer or distributor of the movable item. You must prove that the product is defective in order to make a product warranty claim.
In which cases is the manufacturer (distributor) exempted from its product warranty obligation?
The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:
- manufactured or marketed the product for purposes other than its business, or
- the defect was not detectable according to the state of science and technology at the time it was placed on the market, or
- the defect in the product results from the application of a legal or regulatory requirement.
The manufacturer (distributor) only needs to prove one reason for exemption.
Please note that you may not claim both a warranty for accessories and a product warranty for the same defect at the same time. However, if your product warranty claim is successful, you may assert your accessories warranty claim against the manufacturer for the replaced product or repaired part.
- Good standing
In which cases can you exercise your right to a guarantee?
Pursuant to Government Decree 151/2003 (IX.22.), the Seller is obliged to provide a warranty for the sale of new consumer durables listed in the Annex, as well as their accessories and components (hereinafter collectively referred to as “consumer goods”).
In addition, the Seller may also voluntarily provide a warranty, in which case the Seller will provide the Buyer who is a Consumer with separate information and a warranty declaration.
The guarantee statement must be provided to the Consumer on a durable medium, at the latest at the time of delivery of the Goods.
It must be indicated in the warranty declaration:
- a clear statement that, in the event of defective performance, the Consumer will be entitled to exercise the statutory rights of warranty free of charge, irrespective of the warranty
- the name and address of the person liable for the guarantee
- the procedure that the Consumer must follow to enforce the warranty
- the identification of the goods covered by the guarantee
- the terms of the guarantee.
What are your rights and what is the time limit in case of a mandatory guarantee?
Based on his/her warranty right, the Customer may claim for repair or replacement, repair or have the defect repaired or replaced himself/herself at the expense of the debtor, request a price reduction or withdraw from the contract if the debtor has not undertaken to repair or replace the goods, cannot fulfil his/her obligation within a reasonable period of time without prejudice to the interests of the creditor, or if the creditor’s interest in repair or replacement has ceased.
The Customer may also, at his/her option, submit his/her claim for repair directly to the Seller’s head office, any premises, branch or repair service indicated by the Seller on the warranty ticket.
Validation deadline
Warranty claims can be made during the warranty period, the duration of the warranty:
- 1 year for a sale price of HUF 10 000 or more but not exceeding HUF 100 000,
- 2 years for a sale price exceeding HUF 100 000 but not exceeding HUF 250 000,
- 3 years above the sale price of HUF 250 000.
Failure to meet these deadlines will result in the loss of rights. Exception: in the case of repair of the consumer goods, the warranty period is extended from the date of delivery for repair by the time during which the Consumer has not been able to use the consumer goods as intended due to the defect.
The warranty period starts on the date of delivery of the consumer goods to the Buyer or, if the installation is carried out by the Seller or his agent, on the date of installation.
If the Consumer Goods are put into service by the Customer after 6 months from the date of delivery, the warranty period starts on the date of delivery of the Consumer Goods.
Rules on the treatment of a warranty claim
In handling the repair, the Seller shall endeavour to make the repair within 15 days. The time limit for repair shall start to run on receipt of the consumer goods.
If the duration of the repair or replacement exceeds 15 days, the Seller must inform the Buyer of the expected duration of the repair or replacement.
If, during the warranty period, the first repair of the consumer goods by the Seller establishes that the consumer goods cannot be repaired, the Seller must replace the consumer goods within 8 days, unless the Buyer has agreed otherwise. If it is not possible to replace the consumer goods, the Seller shall reimburse the purchase price indicated on the invoice or receipt issued by the Buyer pursuant to the VAT Act, which is presented by the Buyer as proof of payment of the purchase price of the consumer goods, within 8 days.
If the Seller is unable to repair the consumer goods within 30 days:
- if the Customer has agreed to this, the repair can be carried out at a later date, or
- if the Customer does not agree to the subsequent performance of the repair or has not made a declaration to this effect, the consumer goods must be replaced within 8 days of the expiry of the 30-day period without result, or
- if the Customer does not agree to the subsequent performance of the repair, or has not made a declaration to this effect, but the consumer goods cannot be replaced, the sales price on the invoice or receipt for the consumer goods must be refunded to the Customer within 8 days of the expiry of the 30-day period without result.
The above does not apply to electric bicycles, electric scooters, quad bikes, motorcycles, mopeds, cars, motor homes, caravans, motor caravans, trailers, caravans with trailers and watercraft. However, the Seller shall endeavour to comply with the request for repair within 15 days for these Goods. If the time for repair or replacement exceeds 15 days, the Seller shall inform the Buyer of the expected time for repair or replacement.
If the consumer goods fail for the 4th time, the Customer is entitled to:
- Seller requires towards the repair to contact you, or
- instead of a claim for rectification, the Civil Code. 6:159 (2) (b) of paragraph (2) to request a proportionate reduction of the purchase price from the Seller, or
- instead of a claim for rectification, the Civil Code. 6:159 (2) (b) to have the consumer goods repaired or otherwise corrected at the Seller’s expense, or
- if the Customer does not exercise these rights (repair, price reduction and other remedies at the Seller’s expense) or has not made a declaration in this regard, the consumer goods must be replaced within 8 days, and if the consumer goods cannot be replaced, the sales price shown on the invoice or receipt for the consumer goods must be refunded to the Customer within 8 days.
Relationship of the warranty to other warranty rights
Warranty is in addition to the warranty rights (product and accessory warranty), the main difference between general warranty rights and warranty is that the burden of proof is lower for the Consumer in the case of warranty.
Consumer goods subject to the compulsory guarantee under Government Decree 151/2003, which are fixed, or which weigh more than 10 kg or cannot be carried as hand luggage on public transport, with the exception of vehicles, must be repaired at the place of use. If the repair cannot be carried out at the place of use, the dismantling, installation, removal and return shall be carried out by the Seller or, in the case of a repair request made directly to the repairer, by the repairer.
The seller’s undertaking shall not, during the period of the obligatory guarantee, contain conditions for the Consumer which are less favourable than the rights granted by the rules of the obligatory guarantee. In addition, the conditions of the voluntary guarantee may be freely determined, but the guarantee shall not affect the Consumer’s statutory rights, including those based on the warranty of fitness.
The product warranty and the mandatory warranty are the responsibility of the Consumer.
Replacement request within 3 working days
In the case of the Goods listed in the Annex to Government Decree 151/2003 (IX.22.), if the Consumer makes a replacement request within 3 working days, the Seller may not investigate whether the defect occurred after the purchase before the replacement, but is obliged to replace the defective Goods.
When is the Seller released from his warranty obligation?
The seller is only released from his warranty obligation if he proves that the cause of the defect arose after performance.
You may not make a warranty claim and a guarantee claim or a product warranty claim and a guarantee claim for the same defect at the same time, but you have the rights arising from the guarantee irrespective of the warranty rights.
- Warranty and guarantee in the case of a Buyer who is not a Consumer
Accessories warranty:
A Buyer who is not a Consumer may, at his/her option, make the following warranty claims. He may request repair or replacement, unless the fulfilment of the claim chosen by the Buyer is impossible or would involve disproportionate additional costs for the Seller compared to the fulfilment of another claim.
If the Customer has not requested or could not request the repair or replacement, the Customer may request a proportionate reduction of the consideration or the Customer may have the defect repaired or replaced by another party at the expense of the Seller or, in the last resort, may withdraw from the contract.
The customer can switch from one warranty right to another. The cost of the switch shall be borne by the Buyer, unless it was justified or the Seller gave a reason for it.
In the case of used goods, the warranty and guarantee rights are different from the general rules. Defective performance may also occur in the case of used Goods, but the circumstances under which the Buyer could have expected certain defects to occur must be taken into account.
Defects may appear more frequently as the goods age, so it cannot be assumed that a second-hand good will be of the same quality as a good bought new. In view of this, the Buyer may only assert his warranty rights in respect of defects which are in addition to and independent of the defect(s) resulting from use. If the used Goods are defective and the Buyer, being the Consumer, has been informed of this at the time of purchase of the Goods, the Seller shall not be liable for such defect.
In the case of buyers who are not consumers, the period of validity of the right to claim under the warranty is 1 year, starting on the date of delivery.
Warranty and guarantee:
The product warranty and the mandatory warranty are only available to the Consumer. If the Seller provides a voluntary warranty for a particular Good, it shall be indicated separately when the Good is purchased. If the manufacturer provides a manufacturer’s warranty that also covers Buyers who are not Consumers, the Buyer may claim the warranty directly from the manufacturer.
- Complaints handling, enforcement, dispute resolution
- Complaints handling
Buyer may submit a complaint about the conduct, activity or omission of the Seller or any person acting for or on behalf of the Seller directly related to the distribution or sale of the Goods to Consumers by post or by electronic mail to the Seller at one of the following contact details:
Website: www.cardinmove.com
Address for correspondence: 1125 Budapest, Kútvölgyi út 50. 1/4
Email: ugyfelszolgalat@cardinmove.com
The Seller is obliged to reply in writing to the written complaint within 30 days of receipt and to arrange for its communication. The Seller shall state the reasons for his refusal to accept the complaint.
If the complaint is rejected, the Seller shall inform the Consumer in writing of the authority or conciliation body to which he/she may refer the complaint, depending on its nature. The information shall also include the seat, telephone and Internet contact details and postal address of the competent authority or conciliation body in the place where the Consumer resides or is staying. The information shall also indicate whether the Seller will use the conciliation procedure to settle the consumer dispute.
In the event that any consumer dispute between the Seller and the Consumer is not resolved during the negotiations, the Consumer has the following enforcement options.
- Consumer protection procedure
Consumers can contact the consumer protection authority for any consumer protection problem. The consumer protection authority will act upon request or ex officio to investigate the Seller’s market conduct from a consumer protection point of view. However, the consumer’s individual case will be resolved by the conciliation body, i.e. the consumer protection authority will refer the applicant’s case to the conciliation body.
The consumer protection authority is the government agency. The contact details of the consumer protection authority can be found here: https://www.kormanyhivatal.hu/hu
- Court proceedings
Based on the provisions of the Civil Code and the Civil Code, the Customer is entitled to enforce his/her claim arising from the consumer dispute in court.
- Conciliation Body
If the Consumer has a complaint about his/her purchase and cannot settle it with the Seller, he/she can apply to the conciliation body, which has a fast, free and simple procedure. The conciliation body will try to reach an agreement between the Consumer and the Seller, failing which it will decide the case. It is important to note that the Consumer may only refer to the conciliation body in relation to the performance of his contract, i.e. his individual dispute, and not in relation to other matters falling within the competence of the consumer protection authority (e.g. misrepresentation, price indication, etc.), in which case the conciliation body will refer the matter to the consumer protection authority.
The conciliation body is an independent body run by the county (capital) chambers of commerce and industry. It has the power to settle consumer disputes out of court. The seller has a duty of cooperation, which means that the seller must submit a reply to the conciliation body’s hearing and the company’s representative must attend the hearing, otherwise the consumer protection authority will impose a consumer protection fine.
The obligation for the company to appear in person does not apply if it does not have its registered office, place of business or branch in the county of the conciliation body conducting the procedure. In such a case, the Seller’s obligation to cooperate shall be limited to offering the possibility of a written settlement in accordance with the Consumer’s request.
The initiation of the conciliation procedure is subject to the condition that the Consumer tries to settle the complaint directly with the Seller before initiating the procedure. If the direct settlement is unsuccessful, an application may be made to the conciliation body.
Legal remedy, possibility to appeal against the decision of the Conciliation Board:
According to the Fgytv., the decision can only be challenged in court if the acting council violated a procedural rule, and the Seller can ask the court to annul the recommendation in case of a violation of the law.
The decision of the conciliation body does not affect the Consumer’s right to pursue his claim in court. Therefore, recourse to the courts is possible even after the conciliation procedure has been completed.
Contact details for each of the regional Conciliation Boards:
| Baranya County Conciliation BoardAddress: 7625 Pécs, Majorossy Imre utca 36.Phone: +36-72-507-154Email: info@baranyabekeltetes.huWebsite: www.baranyabekeltetes.hu | Jász-Nagykun-Szolnok County Arbitration BoardAddress: 5000 Szolnok, Verseghy park 8.Phone: +36-20-373-2570Email: bekeltetotestulet@iparkamaraszolnok.huWebsite: www.jaszbekeltetes.hu |
| Bács-Kiskun County Arbitration BoardAddress: 6000 Kecskemét, Árpád krt. 4.Phone: +36-76-501-525, +36-76-501-532Email: bekeltetes@bacsbekeltetes.huWebsite: www.bacsbekeltetes.hu | Komárom-Esztergom County Conciliation BoardAddress: 2800 Tatabánya, Fő tér 36.Telephone: 06-34-513-010Email: bekeltetes@kemkik.huWebsite: www.kem-bekeltetes.hu |
| Békés Vármegyei Arbitration BoardAddress: 5600 Békéscsaba, Penza ltp. 5.Telephone: +36-66-324-976Email: bekeltetes@bmkik.huWebsite: www.bmkik.hu | Nógrád County Arbitration BoardAddress: 3100 Salgótarján, Mártírok útja 4. fsz. 14.Phone: +36-32-520-860Email: nkik@nkik.huWebsite: www.nkik.hu |
| Borsod-Abaúj-Zemplén County Arbitration BoardAddress: 3525 Miskolc, Szentpáli utca 1.Phone: +36-46-501-090, +36-46-501-871 Email: bekeltetes@bokik.huWebsite: www.bekeltetes.borsodmegye.hu | Pest County Conciliation BoardAddress: 1055 Budapest, Bálint Balassi Street 25 IV/2Phone: +36-1-792-7881Email: pmbekelteto@pmkik.hu Website: www.pestmegyeibekelteto.hu |
| Budapest Conciliation BoardAddress: 1016 Budapest, Krisztina krt. 99.Phone: +36-1-488-2131Email: bekelteto.testulet@bkik.huWebsite: www.bekeltet.bkik.hu | Somogy County Conciliation BoardAddress: 7400 Kaposvár, Anna utca 6.Phone: +36-82-501-000, +36-82-501-026Email: skik@skik.huWebsite: www.skik.hu |
| Csongrád-Csanád County Arbitration BoardAddress: 6721 Szeged, Párizsi krt. 8-12.Phone: +36-62-554-250/118Email: bekelteto.testulet@csmkik.huWebsite: www.bekeltetes-csongrad.hu | Szabolcs-Szatmár-Bereg County Arbitration BoardAddress: 4400 Nyíregyháza, Széchenyi utca 2.Phone: +36-42-420-180Email: bekelteto@szabkam.huWebsite: www.bekeltetes-szabolcs.hu |
| Fejér County Conciliation BoardAddress: 8000 Székesfehérvár, Hosszúsétatér 4-6.Phone: +36-22-510-310Email: bekeltetes@fmkik.huWebsite: www.bekeltetesfejer.hu | Tolna County Conciliation BoardAddress: 7100 Szekszárd, Arany János utca 23-25.Phone: +36-74-411-661Email: kamara@tmkik.hu Website: www.tmkik.hu |
| Győr-Moson-Sopron County Conciliation BoardAddress: 9021 Győr, Szent István út 10/aPhone: 06-96-520-217Email: bekelteto.testulet@gymsmkik.huWebsite: www.bekeltetesgyor.hu | Vas Várm County Conciliation BoardAddress: 9700 Szombathely, Rákóczi Ferenc utca 23.Phone: +36-94-312-356, +36-94-506-645Email: pergel.bea@vmkik.huWebsite: www.vasibekelteto.hu |
| Hajdú-Bihar County Arbitration BoardAddress: 4025 Debrecen, Vörösmarty utca 13-15.Phone: +36-52-500-710, +36-52-500-745Email: bekelteto@hbkik.huWebsite: www.hbmbekeltetes.hu | Veszprém County Conciliation BoardAddress: 8200 Veszprém, Radnóti tér 1.Phone: +36-88-814-121, +36-88-814-111Email: info@bekeltetesveszprem.huWebsite: www.bekeltetesveszprem.hu |
| Heves County Conciliation BoardAddress: 3300 Eger, Hadnagy utca 6. ground floorPhone: +36-36-416-660/105Email: bekeltetes@hkik.huWebsite: www.hkik.hu | Zala County Conciliation BoardAddress: 8900 Zalaegerszeg, Petőfi u. 24.Phone: +36-92-550-513Email: zmbekelteto@zmkik.huWebsite: www.bekelteteszala.hu |
- European Consumer Centre
The European Consumer Centre provides free assistance to consumers in resolving cross-border consumer complaints and disputes with foreign businesses, airlines and online shops, and information on consumer protection issues.
Contact and details here:
- Online dispute resolution platform
The European Commission has set up a platform where consumers and traders can ask an impartial dispute resolution body to settle their online shopping disputes.
The online dispute resolution platform allows you to send complaints about online shopping in digital form, in any EU language, from anywhere in the European Union to the chosen ADR entity.
The procedure is usually fully online, takes about 90 days after the ADR entity has been selected, and is free of charge or for a nominal fee.
Contact and details here:
- Placing an evaluation on the Website
The seller publishes customer reviews on his website, which allows you to evaluate the products.
The way to leave a review is to click on the link in the email sent to the email address provided by the Customer at the time of purchase. The submitted reviews are stored by Trustindex Ltd. (registered office: 2724 Újlengyel, Nyári Pál utca 15., company registration number: 13-09-223096) in its own system. These technical measures ensure that only actual Buyers can submit reviews.
The Seller does not distinguish between positive and negative reviews, and displays them both on the Website. The Seller has the possibility to moderate reviews if their content is obscene or offensive.
As a result, the system and the Seller’s Website only contain the ratings and opinions of real Buyers who have actually purchased and/or used the products.
- Partial invalidity
If any clause of the GTC is incomplete or ineffective, the other clauses of the contract remain valid and in force. The ineffective or defective part shall be replaced by the provisions of the applicable law.
- Code of Conduct
The seller does not have a code of conduct according to the Fttv.