Terms & Conditions

Introduction

These General Terms and Conditions (GTC) apply to the webshops operated by Kismiujság Kft. (Service Provider), in particular to the websites available under the hangszerbolt.hu and musicminutes.hu domains, as well as the related online sales interfaces.

The GTC sets out the rights and obligations of the Service Provider and the Customer purchasing through the website. A purchase creates a sales contract between the parties. The language of the GTC is Hungarian; translations are for information purposes only. Contracts under these GTC do not qualify as written contracts and are not filed by the Service Provider.

Definitions

Consumer: a natural person within the meaning of the Civil Code acting outside the scope of economic or professional activity.
Service Provider (Seller): Kismiujság Kft.
Customer (Buyer): the person purchasing on the website.
Business: a person acting within their trade, profession or business activity.
Manufacturer: the producer of the Goods, the importer in the case of imported Goods, or any person presenting themselves as manufacturer by their name or trademark.
Goods: the movable item offered for sale on the website.
Warranty (jótállás): the guarantee voluntarily undertaken by the business beyond its legal obligation, and the mandatory warranty based on law.
Purchase price: the consideration payable for the Goods.
Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties, within a distance sales scheme.

Applicable legislation

The contract is governed by Hungarian law, in particular:

Act CLV of 1997 on Consumer Protection
Act CVIII of 2001 on Electronic Commerce Services
Act V of 2013 on the Civil Code
Government Decree 151/2003 (IX.22.) on mandatory warranty for durable consumer goods
IM Decree 10/2024 (VI.28.) on the scope of goods subject to mandatory warranty
Government Decree 45/2014 (II.26.) on distance contracts
NGM Decree 19/2014 (IV.29.) on handling warranty claims
Government Decree 373/2021 (VI.30.) on contracts for the sale of goods
Regulation (EU) 2016/679 (GDPR)

Operator details: HERE
Ordering information: HERE
Payment: HERE
Shipping: HERE
Data management: HERE

Prices, procedure in case of incorrect price

Prices are in HUF and include 27% VAT. The right to change prices is reserved; changes do not affect contracts already concluded. In the case of an obviously incorrect price (in particular a price of HUF 0, or a price miscalculated relative to the indicated discount percentage), the Service Provider is not obliged to deliver at the incorrect price, but offers the option to purchase at the correct price, upon knowledge of which the Customer may withdraw from the purchase.

Right of Withdrawal

Under Government Decree 45/2014 (II.26.), the consumer has the right to withdraw from the contract without giving any reason within 14 calendar days. The period begins on the day of receipt of the product; in the case of several products, on the day of receipt of the last product. If the Service Provider failed to inform the consumer of the right of withdrawal, the period is extended by 12 months.

The consumer may exercise withdrawal by a clear statement, electronically or by post. The product must be returned within 14 days of communicating the withdrawal. The direct cost of return is borne by the consumer. The Service Provider may withhold the refund until the product has been returned or the consumer has credibly proven its return, whichever is earlier. The refund is made using the same payment method. The Service Provider may charge for depreciation resulting from use beyond what is necessary. Cash-on-delivery or unpaid parcels are not accepted.

Detailed conditions of the right of withdrawal, the rules of refund and the model withdrawal form are available on a separate page: Withdrawal notice.

Exceptions to the Right of Withdrawal

The right of withdrawal cannot be exercised in particular for: custom-made or personalized products; opened products that cannot be returned for health or hygiene reasons; sealed audio or video recordings or software where the seal has been broken (e.g. CD, DVD, devices containing software); products that cannot be returned by their nature; and used consumables (e.g. strings, picks, drumsticks, cymbals, care and cleaning products).

Conformity of performance

At the time of performance the Goods must conform to the requirements of Government Decree 373/2021 (VI.30.): the description, quantity, quality and type set out in the contract, and they must be fit for the purposes for which goods of the same type are normally used. A defect resulting from incorrect installation also qualifies as defective performance if installation was carried out by the Service Provider, or if it had to be carried out by the consumer but the defect was caused by a deficiency in the instructions provided by the Service Provider.

Statutory Warranty for Defects (kellékszavatosság)

In the event of defective performance, the consumer is entitled to a statutory warranty under the Civil Code and Government Decree 373/2021. The consumer may request repair or replacement, failing which a proportionate price reduction or, as a last resort, withdrawal from the contract. The defect must be reported without delay, but no later than 2 months after discovery; the claim may be enforced within the 2-year limitation period from performance.

In a consumer contract, a defect discovered within 1 year of performance is presumed to have existed at the time of performance, in which case the consumer need only prove that the Goods were supplied by the Service Provider. After 1 year, the consumer must prove that the defect existed at the time of performance. The Service Provider endeavours to carry out repair or replacement within 15 days, and informs the consumer if this would take longer.

Product Warranty (termékszavatosság)

In the event of a defect, the consumer may enforce, at their choice, a statutory warranty or a product warranty claim. As a product warranty claim, the consumer may request repair or replacement directly from the manufacturer or distributor within 2 years of the product being placed on the market. The manufacturer is exempt if it proves that it did not manufacture or market the product in the course of its business, that the defect was not recognisable according to the state of science at the time of marketing, or that the defect results from the application of legislation. The same defect cannot be subject to both statutory and product warranty claims simultaneously, only consecutively.

Warranty (jótállás)

Under Government Decree 151/2003 (IX.22.) and Annex 1 of IM Decree 10/2024 (VI.28.) defining the scope of goods subject to mandatory warranty, the Service Provider has a mandatory warranty obligation for the new durable consumer goods listed therein. Warranty rights may be enforced with a warranty card or with a receipt proving payment of the purchase price (invoice, receipt); below a sale price of HUF 100,000 the Service Provider is not obliged to issue a warranty card, in which case rights are enforced with the invoice.

The warranty period under Decree 151/2003 is tiered:

2 years for a sale price of HUF 10,000 or more but not exceeding HUF 250,000,
3 years for a sale price above HUF 250,000.

The warranty period begins on receipt of the product or, where the Service Provider performs installation, on the day of installation. In the event of repair, the warranty is extended from the day the product is handed in for repair by the time during which the consumer could not use it due to the defect. The warranty applies alongside the statutory warranties, with a burden of proof more favourable to the consumer. The Service Provider is released from the warranty obligation only if it proves that the cause of the defect arose after performance.

On the basis of the warranty, the consumer may request repair or replacement, in the cases provided by law a price reduction, or may withdraw from the contract. The Service Provider endeavours to carry out repair or replacement within 15 days.

Replacement claim within three working days

For new durable consumer goods, if the consumer asserts a replacement claim within 3 working days of purchase or installation due to a defect, and the defect prevents intended use, the Service Provider is obliged to replace the product. If replacement is not possible, the Service Provider refunds the purchase price without delay.

Used products

The mandatory warranty under Decree 151/2003 applies only to new durable consumer goods, not to used products. For used instruments and other used products, the Service Provider may provide a voluntary (contractual) guarantee; the consumer is also entitled in such cases to the statutory warranty for defects under the Civil Code.

Returns

When returning a product, the consumer is responsible for proper packaging; the Service Provider is not liable for damage resulting from inadequate packaging. The invoice or warranty document must be enclosed. Cash-on-delivery parcels are not accepted. In the event of withdrawal, the product must be sent to the Store address.

Uncollected parcels, retention of title

If the consumer does not accept the ordered and delivered product and does not indicate an intention to withdraw within 14 days, this constitutes a breach of contract. In such a case the Service Provider may make re-delivery conditional on payment of a shipping fee, or may terminate the contract and enforce the cost of the unsuccessful delivery and return against the consumer. The product remains the property of the Service Provider until the full purchase price has been paid; until then the consumer may not transfer the product to third parties.

Complaints handling

The consumer may submit a complaint orally or in writing via the Service Provider's contact details. The Service Provider examines an oral complaint immediately and remedies it as necessary; if the consumer disagrees with the handling or immediate investigation is not possible, the Service Provider records a report. A written complaint is handled within 30 days of receipt with a reasoned written reply. If the complaint is rejected, the Service Provider informs the consumer of the avenues of legal remedy.

Legal remedies

Consumer protection procedure: the consumer may turn to the consumer protection authority of the metropolitan or county government office competent for their place of residence.

Conciliation board procedure: the consumer may turn to the conciliation board competent for their place of residence, stay or the Service Provider's seat; further information: www.bekeltetes.hu. The Service Provider has not made a general submission declaration to a conciliation board.

Court procedure: the consumer may also enforce a claim arising from a consumer dispute before a court under the Civil Code and the Code of Civil Procedure.

Partial invalidity

If any provision of the GTC is legally incomplete or invalid, the remaining provisions of the contract remain in force, and the relevant legislation applies in place of the invalid part. The Service Provider has no code of conduct under the act on the prohibition of unfair commercial practices against consumers.

Data management

Last modified

2026.06.29