Guarantee and warranty rules for consumers to be tightened and the power of control by consumer protection authorities to be extended
The core aspect of the amendments, which will take effect from 1 January 2021, is that the mandatory guarantee period for newly purchased durable consumer goods (for example: mobile phones, tablets, alarms, doors and solar systems) will be set in line with the value of the goods instead of the former one-year mandatory guarantee period.
So for goods valued at between 10 and 100 thousand HUF (approximately between 28 and 280 EUR) the mandatory guarantee will be one year, up to 250 thousand HUF (approximately 700 EUR) two years, and in the case of products with a value of more than 250 thousand HUF three years.
Further simplification brings the possibility of issuance of electronic guarantee cards. Even an electronic invoice can be considered as an electronic guarantee card and instead of sending the electronic guarantee card directly to the consumer an indication of the download location will be enough.
According to the new rules consumers can exercise their rights to repair not only at indicated repairers but also at the seller company’s seat, branch and subsidiary.
In the course of this only presentation of a guarantee card can be required: return of the original packaging is no longer necessary.
In the case of guarantees and warranties the procedure for correcting defective products will be amended. As a general rule, companies should strive to carry out the repair within 15 days. If this is not possible, the company must inform the consumer about the foreseeable duration of the repair and replacement. If the product is to be repaired the guarantee period is extended by the duration of the repair. The new rules also regulate the procedure for mandatory replacement due to a failed repair.
Replacement is mandatory if a product fails again after three repairs, or if a defective product cannot be repaired within thirty days after raising a claim, or if non-repairability becomes apparent at the time of the first repair.
In order to protect consumers more effectively, consumer protection authorities will have more power of control from 22 August 2020.
In that connection the new term “supply chain” will be introduced. According to this an authority is entitled to carry out inspections ‒ even on-the-spot checks ‒ of all economic operators who play a direct role in the production, storage, placing on the market and use of consumer products and they will also be entitled to impose significant fines.
Source: Government Decree No. 270/2020. (VI. 12.)
ITM Decree No. 18/2020. (VI. 12.)
Act LXVII of 2020 on amendments of the Act CLV of 1997 on Consumer Protection