Warranty vs. Guarantee in Hungarian Law: Understanding the Key Differences

Introduction

One of the most common sources of confusion in Hungarian consumer law is the distinction between warranty and guarantee — or, in Hungarian legal terminology, between szavatosság and jótállás. Although these terms are often used interchangeably in everyday language (and even in some English-language legal texts), they refer to fundamentally different legal concepts under Act V of 2013 on the Civil Code (Polgári Törvénykönyv, “Ptk.”) and the related government decrees. Understanding these differences is essential for consumers who wish to enforce their rights effectively and for businesses seeking to comply with their legal obligations.

This article provides a structured analysis of the three main categories of consumer remedies for defective products under Hungarian law: kellékszavatosság (statutory warranty for defects), termékszavatosság (product warranty), and jótállás (guarantee), and explains the claims hierarchy that consumers must follow.

Kellékszavatosság: Statutory Warranty for Defects

Legal Basis

The rules on kellékszavatosság are set out in Sections 6:159 to 6:167 of the Ptk. This form of warranty arises by operation of law in every contract for the sale of goods (and, more broadly, in all contracts where one party provides a service or delivers goods). No separate agreement or declaration by the seller is required — the warranty obligation exists automatically.

What Does It Cover?

A product is considered defective if, at the time of delivery, it does not meet the quality requirements stipulated in the contract or prescribed by law. A defect may relate to:

• The product’s physical characteristics (material, dimensions, appearance);
• Its functionality (the product does not work as intended);
• Its conformity with the contract (the product does not match the description, sample, or model shown to the consumer);
• Its fitness for the intended purpose (the product cannot be used for the purpose communicated by the consumer and accepted by the seller).

Who Is Liable?

The statutory warranty claim is directed against the seller (eladó) — that is, the party with whom the consumer concluded the purchase contract. The consumer cannot enforce kellékszavatosság directly against the manufacturer (unless the manufacturer is also the seller).

Available Remedies

Under Section 6:159 of the Ptk., the consumer may request the following remedies, subject to a statutory hierarchy:

First tier:

• Repair (kijavítás) of the defective product; or
• Replacement (kicserélés) with a non-defective product of the same type.

The consumer may choose between repair and replacement, unless the chosen remedy is impossible or would impose a disproportionate additional cost on the seller compared to the alternative remedy.

Second tier (available if repair or replacement is not possible, not performed within a reasonable time, or would cause significant inconvenience to the consumer):

• Price reduction (árleszállítás); or
• Rescission of the contract (elállás a szerződéstől) — i.e., returning the product for a full refund.

Rescission is not available if the defect is minor.

Limitation Periods

The general limitation period for kellékszavatosság claims is:

• Two years from delivery for new goods;
• One year from delivery for second-hand goods (this shorter period may be agreed between the parties, but the seller cannot unilaterally impose it).

Under Government Decree 373/2021 (VI. 30.), which transposed the EU Sale of Goods Directive (2019/771/EU) into Hungarian law, the burden of proof is reversed for the first twelve months: any defect that manifests within one year of delivery is presumed to have existed at the time of delivery unless the seller proves otherwise. After the twelve-month period, the consumer must prove that the defect was present at the time of delivery.

Termékszavatosság: Product Warranty

Legal Basis

Termékszavatosság is governed by Sections 6:168 to 6:170 of the Ptk. This is a separate warranty regime that allows the consumer to claim directly against the manufacturer (gyártó) or distributor (forgalmazó) of a defective product, rather than the seller.

When Can It Be Used?

The consumer may invoke termékszavatosság if the product does not meet the quality requirements applicable at the time it was placed on the market by the manufacturer. The claim is available for movable goods (tangible products) and may be exercised within two years from the time the manufacturer placed the product on the market.

Available Remedies

Under termékszavatosság, the consumer may request repair or replacement only. Price reduction and rescission are not available under this warranty type.

Relationship With Kellékszavatosság

The consumer may choose to exercise either kellékszavatosság against the seller or termékszavatosság against the manufacturer, but may not pursue both simultaneously for the same defect. However, switching from one to the other is permitted: if a consumer initially pursues a product warranty claim against the manufacturer and then decides to pursue a statutory warranty claim against the seller instead, they may do so — but the limitation period continues to run from the original starting point.

Jótállás: Guarantee

Legal Basis

The rules on jótállás are set out in Sections 6:171 to 6:173 of the Ptk. and in Government Decree 151/2003 (IX. 22.) on Mandatory Warranty for Certain Durable Consumer Goods (151/2003. Korm. rendelet).

What Is a Guarantee?

Unlike kellékszavatosság, which arises by operation of law, jótállás can arise from two sources:

1. Mandatory guarantee (kötelező jótállás): Imposed by Government Decree 151/2003 on certain durable consumer goods listed in the decree’s annex. The duration depends on the purchase price:

   • HUF 10,001 – 100,000: one year
   • HUF 100,001 – 250,000: two years
   • Above HUF 250,000: three years

2. Voluntary guarantee (önkéntes jótállás): The seller or manufacturer may voluntarily offer a guarantee that goes beyond the statutory minimum, often as a marketing tool (e.g., “5-year manufacturer’s guarantee”).

Key Advantage: Reversed Burden of Proof

The most significant practical advantage of jótállás over kellékszavatosság is the burden of proof. Under Section 6:171(2) of the Ptk., during the guarantee period, the guarantor may be exempted from liability only if they prove that the defect was caused by improper use by the consumer. In other words, for the entire duration of the guarantee, the burden is on the seller or manufacturer to prove that the consumer is at fault — the consumer need only demonstrate that the product is defective.

This is more favourable than the kellékszavatosság burden-of-proof rule, under which the presumption of pre-existing defect applies only for the first twelve months.

Guarantee Certificate (Jótállási Jegy)

Government Decree 151/2003 requires the seller to issue a guarantee certificate (jótállási jegy) at the time of purchase for products subject to mandatory guarantee. The certificate must contain:

• The name and address of the person undertaking the guarantee;
• The product’s identification (name, type, serial number, etc.);
• The date and place of sale;
• The duration of the guarantee;
• The consumer’s rights and the conditions for exercising them.

Important: If the seller fails to issue the guarantee certificate, this does not void the guarantee. The consumer may rely on the receipt or invoice as proof of purchase and the guarantee remains enforceable.

Remedies Under Guarantee

The remedies available under jótállás follow the same hierarchy as kellékszavatosság:

1. Repair or replacement (first tier);
2. Price reduction or rescission (second tier, if repair or replacement is unavailable or unsuccessful).

However, the guarantee imposes additional time constraints on the seller:

• If the seller cannot repair the product within 15 days of the consumer’s request, the seller must inform the consumer of the expected repair time. If repair is not completed within 30 days, the consumer may demand replacement (if possible) or exercise second-tier remedies.
• If the product requires repair for the fourth time for the same defect, the consumer may demand replacement or rescission.
• If the product has been returned for repair on three or more occasions for different defects within the guarantee period, the consumer may exercise second-tier remedies.

Comparative Summary

Feature	Kellékszavatosság	Termékszavatosság	Jótállás
Legal source	Ptk. §§ 6:159–6:167	Ptk. §§ 6:168–6:170	Ptk. §§ 6:171–6:173; 151/2003 decree
Claim against	Seller	Manufacturer/Distributor	Seller (or manufacturer, if voluntary)
Arises by	Operation of law	Operation of law	Law (mandatory) or contract (voluntary)
Limitation period	2 years (new); 1 year (used)	2 years from market placement	1–3 years (by price tier)
Burden of proof (consumer-favourable)	First 12 months	Consumer must prove	Entire guarantee period
Available remedies	Repair, replacement, price reduction, rescission	Repair, replacement only	Repair, replacement, price reduction, rescission

The Claims Hierarchy in Practice

When a consumer encounters a defective product, Hungarian law provides a clear hierarchy for exercising claims:

1. Start with the guarantee (jótállás), if applicable — it offers the strongest burden-of-proof advantage.
2. If no guarantee applies, or if the guarantee period has expired but the limitation period has not yet elapsed, pursue statutory warranty (kellékszavatosság) against the seller.
3. Consider product warranty (termékszavatosság) if the seller is unavailable (e.g., has gone out of business) or if the defect clearly originates from the manufacturing process.

Consumers should always act promptly and preserve all relevant documentation — receipts, guarantee certificates, photographs of the defect, and correspondence with the seller.

Common Mistakes and Pitfalls

”The warranty has expired”

Many consumers are told by sellers that their “warranty has expired” after the mandatory guarantee period ends. This is misleading: even after the guarantee period, the consumer may still have rights under kellékszavatosság for up to two years from delivery.

”Warranty void if seal is broken”

Some sellers claim that the warranty is void if the consumer opens or inspects the product. Under Hungarian law, the guarantee cannot be conditioned on the consumer refraining from normal use or inspection. A guarantee term that unreasonably restricts the consumer’s rights is considered an unfair contract term under the Ptk. and may be declared void.

Confusing voluntary and mandatory guarantees

A manufacturer’s voluntary guarantee (e.g., a “2-year manufacturer warranty”) does not replace or reduce the consumer’s statutory rights. The voluntary guarantee is always in addition to the statutory warranty and mandatory guarantee.

Conclusion

The distinction between kellékszavatosság, termékszavatosság, and jótállás is fundamental to Hungarian consumer law. Each mechanism offers different rights, different procedures, and different evidentiary advantages. Consumers who understand these distinctions are in a far stronger position to enforce their rights, and businesses that respect these distinctions can avoid costly disputes and regulatory penalties.

For personalised advice on warranty and guarantee claims in Hungary — whether you are a consumer seeking to enforce your rights or a business looking to ensure compliance — Dr. Ildikó Nagy’s law office is ready to assist.