Visszatérítési szabályzat
7. RIGHT OF WITHDRAWAL
7.1. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council, as well as Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses, the Consumer is entitled to a right of withdrawal without giving any reason.
The consumer may exercise the right of withdrawal or termination in the case of:
a) contracts for the sale of goods:
aa) the product itself,
ab) in the case of multiple products, if delivery occurs at different times, the last delivered product,
ac) in the case of goods consisting of multiple lots or pieces, the last delivered lot or piece,
ad) if the product is supplied regularly within a defined period, the first delivery,
within 14 days from the date of receipt by the consumer or a third party other than the carrier and indicated by the consumer.
If the Service Provider fails to provide this information, the 14-day withdrawal period shall be extended by twelve months.
If the Service Provider provides the required information within 12 months after the date of receipt of the product or conclusion of the service contract, the withdrawal period shall expire 14 days after the date of communication of that information.
7.2. The Consumer may exercise the right of withdrawal by making a clear statement to this effect or by using the model declaration set out in Annex 2 of Government Decree 45/2014. (II.26.).
7.3. The withdrawal period expires 14 days after the day on which the Consumer or a third party other than the carrier and indicated by the Consumer takes receipt of the product.
7.4. The Consumer may also exercise the right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.
7.5. The direct cost of returning the product shall be borne by the Consumer; the business has not undertaken to bear this cost.
7.6. In case of exercising the right of withdrawal, the Consumer shall not incur any costs other than the direct cost of returning the product.
7.7. The Consumer shall not be entitled to the right of withdrawal in the case of a non-prefabricated product made on the basis of the Consumer’s instructions or at their explicit request, or in the case of a product clearly personalized for the Consumer.
7.8. The Consumer shall also not be entitled to exercise the right of withdrawal (full list of exceptions under the regulation):
a) in the case of a service contract, after the service has been fully performed, however, if the contract imposes a payment obligation on the consumer, only if performance began with the consumer’s prior express consent and acknowledgment that they lose the right of withdrawal once the business has fully performed the contract;
b) goods or services whose price depends on fluctuations in the financial market beyond the control of the business, even within the withdrawal period specified in Section 20 (2);
c) non-prefabricated goods made to the consumer’s specifications or clearly personalized;
d) perishable goods or goods with a short shelf life;
e) sealed goods which are not suitable for return for health protection or hygiene reasons after opening following delivery;
f) goods which, after delivery, are inseparably mixed with other goods;
g) alcoholic beverages whose price depends on market fluctuations beyond the business’s control and whose delivery takes place more than 30 days after contract conclusion;
h) service contracts where the business visits the consumer at the consumer’s express request for urgent repair or maintenance;
i) sealed audio or video recordings or computer software if the seal has been broken after delivery;
j) newspapers, periodicals, and magazines, except subscription contracts;
k) contracts concluded at public auctions;
l) contracts for accommodation (except residential services), transport, car rental, catering, or leisure activities with a specified date or period;
m) digital content not supplied on a tangible medium, if performance began with the consumer’s express prior consent and acknowledgment of losing the right of withdrawal, and the business provided confirmation as required.
Hygienic products: Swimwear, underwear, sexy clothing
These products come into contact with intimate body parts during fitting; therefore, for hygiene reasons, they cannot be exchanged or returned. (Nobody tries on a bikini top over a bra! It is not proven that bottoms are tried on over underwear.)
For hygienic products such as swimwear, underwear, and sexy clothing, the right of withdrawal cannot be exercised under the law.
7.9. The Service Provider shall refund the total amount paid by the Consumer without delay, but no later than 14 days from the date it becomes aware of the withdrawal, including costs related to performance. However, the Service Provider has a right of retention.
7.10. The refund shall be made using the same payment method as the original transaction, unless the Consumer expressly agrees to another method; no additional costs shall be charged to the Consumer.
7.11. The Consumer must return the goods without undue delay, but no later than 14 days from the notification of withdrawal. If the business also sells goods in a physical store, and the Consumer exercises the right of withdrawal in person at the store, they may return the goods at the same time. Written withdrawal is considered timely if sent within 14 days.
7.12. It is sufficient for the Consumer to send the withdrawal statement within 14 days.
7.13. The Consumer complies with the deadline if the goods are sent back before the 14-day period expires.
7.14. The Consumer bears only the direct cost of returning the goods.
7.15. The Service Provider is not obliged to reimburse any additional costs resulting from the Consumer choosing a delivery method other than the cheapest standard offered.
7.16. The Service Provider may withhold reimbursement until the goods have been received back or the Consumer has provided proof of return, whichever is earlier.
7.17. If the Consumer wishes to exercise the right of withdrawal, they may notify the Service Provider in writing (including via the attached form), by phone, or in person. In case of postal notification, the date of posting is considered; in case of telephone notification, the date of the call is considered. The product may be returned via post or courier.
7.18. The Consumer is liable only for any depreciation resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the product.
7.19. The detailed rules of contracts between consumers and businesses (Government Decree 45/2014. (II.26.)) can be found here.
7.20. Directive 2011/83/EU of the European Parliament and of the Council can be found here.
7.21. The Consumer may also contact the Service Provider regarding other complaints using the contact details in these Terms and Conditions.
7.22. The right of withdrawal applies only to users who qualify as consumers under the Civil Code.
7.23. The right of withdrawal does not apply to businesses, i.e., persons acting within the scope of their profession, independent occupation, or business activity.
7.24. (Applicable only if the Service Provider also offers services.) If the Consumer terminates a distance contract after performance has begun, they must pay a proportionate fee for the services performed up to the time of termination.
The proportionate amount shall be calculated based on the total contractual consideration including tax.
If the Consumer proves that the calculated amount is excessively high, the proportion shall be based on the market value of the services provided until termination.
7.24.1. If the Consumer wishes to exercise the right of withdrawal, they must notify the Service Provider via the contact details provided.
7.24.2. The Consumer exercises the right of withdrawal in time if the declaration is sent before the 14-day deadline expires.
7.24.3. The Consumer must return the product no later than 14 days after notifying withdrawal. The deadline is met if the product is dispatched before the 14-day period expires.
7.24.4. The Service Provider is not required to reimburse additional costs arising from a delivery method other than the cheapest standard option.
7.24.5. In the case of multiple products delivered separately, the withdrawal period starts from the last product received.
7.24.5. Return of underwear, swimwear, and striptease clothing in webshops – European and Hungarian legal background
EU Directive
In the case of webshops (distance contracts), consumer rights, including the 14-day withdrawal right, are primarily governed by Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
This directive provides the 14-day withdrawal right but also sets out exceptions.
The hygienic exception is contained in Article 16(e):
“sealed goods which are not suitable for return for health protection or hygiene reasons once unsealed after delivery”
Implementation into Hungarian law
The directive is implemented in Hungarian law through Government Decree 45/2014. (II.26.).
The same rule appears in Section 29 (1) e):
(The consumer may not exercise the right of withdrawal in the case of sealed goods which are not suitable for return for health protection or hygiene reasons once opened after delivery.)
Conditions of application
For underwear and similar products, withdrawal exclusion is not automatic. The following conditions must all be met:
- Sealed packaging or hygiene seal
- Health or hygiene justification
- Opening of the packaging or removal of the seal
If the consumer has not opened the packaging, they retain the withdrawal right.
Practical guidance for webshops
- Clearly indicate hygienic nature of the product
- State sealed packaging/hygiene protection
- Inform that opening the seal removes withdrawal rights
Sources
[1] Directive 2011/83/EU of the European Parliament and of the Council
[2] Government Decree 45/2014 (II.26.)