It is essential to review the rights of both consumers and Small and Medium-sized Enterprises (SMEs), as recent legislative amendments have increasingly included SMEs within the protected scope. As an attorney, I emphasize that these rights are not “gifts” from the merchant, but statutory obligations.
The Roadmap for Effective Rights Enforcement:
1. Mandatory Warranty (Statutory Guarantee) In Hungary, a tiered (stepped) warranty system applies to durable consumer goods (e.g., mobile phones, laptops, refrigerators). The duration of the guarantee depends on the purchase price:
- HUF 10,000 – 100,000: 1-year warranty.
- HUF 100,001 – 250,000: 2-year warranty.
- Over HUF 250,000: 3-year warranty.
This applies to all new products within these price categories. In these cases, the burden of proof lies with the merchant to demonstrate that the defect occurred after purchase due to improper use.
2. Implied Warranty (Liability for Defects) Beyond the mandatory warranty, a general implied warranty applies to all products. For individuals, this lasts for 2 years. If the mandatory warranty expires but we are still within the 2-year window, claims can still be made; however, in this stage, the buyer must prove that the cause of the defect already existed at the time of purchase.
3. The “Warranty Trap”: Extended Warranty Legally, “extra guarantees” purchased for a fee are not statutory warranties but insurance policies.
- Timing: Merchants often claim the extension starts from the date of purchase. Logically, if the law already provides 3 years (for items over HUF 250,000), the purchased extension should only begin from the 4th year.
- Content: Since this is an insurance contract, pay close attention to the fine print (e.g., whether the screen is covered or if there is a deductible).
4. Significant Novelty: Protection Now Extends to SMEs Previously, SMEs often lost their consumer rights if they purchased equipment under a company name. However, from 2025, they have been placed in a more favorable category regarding warranty protection. Who qualifies as an SME? This includes most sole traders and family-owned LLCs (Kft.):
- Micro-enterprise: < 10 employees, max. €2 million turnover.
- Small enterprise: < 50 employees, max. €10 million turnover.
- Medium enterprise: < 250 employees, max. €50 million turnover.
If your company qualifies, you are entitled to consumer-like protection in certain cases (especially when the purchase is not directly related to your core professional activity).
5. What Should You Do?
- Documentation: Only an invoice or bank statement is required; keeping the box is not mandatory.
- Protocol: If a merchant orally rejects your claim, insist on a formal written report (complaint protocol). This obligates them to provide a reasoned written response.
- Conciliation Body: Under current regulations, smaller enterprises can now also utilize the proceedings of the Conciliation Body.
- Insurer: In the case of an extended warranty, correspond directly with the insurance provider rather than the store.