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Consumer Wise – What can I do if I receive a defective product?

Today, it seems to be the most common thing in the world to get some goods from the internet. That’s why we wrote the Consumer Protection Little. Physical “shopping” is being replaced at an ever-accelerating pace by browsing the offerings of various online stores. The pandemic also gave new impetus to this trend, as we were able to buy the products we considered necessary, rightly or wrongly, from the safety of our home. Because of its popularity, simplicity, and last but not least, its addictive nature, some people call it one of the causes of “forced shopping”.

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The question may arise: what can we do if the goods ordered from the net arrive at our doorstep incorrectly?

EU and Hungarian law provide several possibilities in case we are not satisfied with our products ordered from the internet for some reason. Below is one of the most important such benefits for the fourteen-day withdrawal period applicable to consumer contracts.

In the case of online shopping, the consumer has a two-week withdrawal period

If we participate in a sales contract as a consumer, the product and services for which we are contracted off-premises are subject to a fourteen-day withdrawal period from the arrival of the product. In order to interpret the above rule, it is first important to clarify who also counts as a consumer for the application of the above rule. The rule is applied individually to 45/2014. (II. 26.) Korm. Regulation. You can access the link to the Government Decree HERE .

According to the Civil Code, a consumer is “a natural person acting outside the scope of his profession, self-employment or business.” To illustrate this definition with a simple example: if a lawyer orders a bucket of paint to paint the garden bench, he will be a consumer, but if a bench painter company orders the same bucket of paint to be able to fulfill his next-day orders, he will no longer be a consumer. on the one hand, it is acting in its own business (bench painting) and, on the other hand, it is not a natural person but a business company.

Accordingly, if we act outside of our business (this is the most likely life situation anyway when it comes to returning products), and any product ordered from the Internet for any reason we do not win our favor, we can return it for at least two weeks if we express our will to do so clearly. At least two weeks, as the parties to the contract may deviate from the rules of the government decree in favor of the consumer.

In the event of withdrawal, the business shall reimburse the price of the product to the consumer immediately, but no later than fourteen days after becoming aware of the supply.

Sample notice of termination

It is an important help that 45/2014. (II. 26.) Korm. regulation. 2. s. Annex II contains a model notice of termination for use by consumers. If we fill it in properly and send it to the appropriate company, we have already successfully exercised our right of withdrawal. Keep in mind, however, that in the event of a cancellation, we have a return obligation, so we must return the product to the business, we have a maximum of fourteen days from that cancellation. The direct cost of this is borne by the consumer if the product can be returned by post. So it is not enough to just make a statement, this is often ignored.

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Consumer savvy – know your rights when shopping online

The right of retention

In this context, it is worth mentioning the right of retention of the business. This means that if we withdraw from the contract, the contracting partner company will not be obliged to refund our money until we have returned the product or we can prove beyond a reasonable doubt that it has been returned. A practical means of doing this can be any form of proof from the post office.

When will I get my money back?

If the consumer exercises his right of withdrawal, the business shall, as a general rule, reimburse the full amount paid by the consumer as consideration, including the costs incurred in connection with the performance, without delay and at the latest within fourteen days of becoming aware of the withdrawal. So you don’t necessarily get the money “immediately”.

When can’t I stop?

In the consumer protection sage, we consider it important to emphasize that there are several exceptions to the rule, so in the case of a perishable product, for example, the right of withdrawal cannot be exercised, but the same is the case for products tailored to the consumer. For example, you can’t return t-shirts that read “My Sanyik Became 42” made for your buddy’s birthday. Unless, of course, it’s a well-known meme.

In the case of consumer smart shopping, you have the right of withdrawal as a consumer

If you have any questions, click HERE to consult a lawyer for FREE.

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