To the attention of webshop operators: expanding consumer rights

July 27, 2017

Provisions of the Government Decree on consumer contracts relating to webshop purchases changed on May 6, 2017.
The amended rules of the Government Decree 45/2014 (II.26.) fine-tuned the already existing provisions but at the same time also introduced new elements for the protection of consumers.
One of the innovations is that consumers may withdraw their submitted orders without any legal consequences until the contract is concluded, or in other words until the order is confirmed by the seller. Withdrawal terminates the buyer’s offer validity which means that even if the business sends a confirmation letter, the consumer will not be obliged to take the product and pay the purchase price.
An important change is that businesses can no longer use pre-filled boxes (“ticked checkboxes”) that result in ordering additional services and in increasing the amount payable if consumers do not untick these boxes. In the event of a breach of the rule, the companies are obliged to repay the surcharges to the consumers.
Also, it is in the interest of consumers that when the time of delivery of a consumer sale agreement was essential and the business delayed with the delivery, the consumer may withdraw from the contract without setting an additional deadline. In addition, once the buyer has paid the purchase price and the additional costs, the company is obliged to reimburse those amounts within 14 days.
Finally, the amendment clarified certain issues as well: Primarily it supplemented the concepts of warranty, purchase and service contracts, but it also affected the ban on premium rates for telephone customer services and the rules for fee proportioning in case of termination.
If you feel that you need legal support for the proper operation of your webshop, or if you have any further questions about the above, please contact Ecovis Hungary Legal experts who are pleased to help you.