Elállása

Elállása is a Hungarian legal term that translates to "withdrawal" or "rescission" in English. It refers to the right of a party to a contract to terminate the agreement under certain circumstances, effectively undoing the contract and returning the parties to their pre-contractual positions. This right is typically exercised by the consumer in cases of distance selling or off-premises contracts, although specific provisions may vary depending on the type of contract and the governing legislation.

The right of elállása is a consumer protection mechanism designed to give buyers a cooling-off period to reconsider their purchase decisions, especially when they haven't had the opportunity to physically inspect the goods or services before committing to the contract. To exercise this right, the consumer usually needs to notify the seller within a specified timeframe, often 14 days from the date of receiving the goods or concluding the service contract. The notification must be clear and unambiguous, indicating the intention to withdraw from the contract.

Upon successful withdrawal, the seller is obligated to refund all payments received from the consumer, including delivery costs, without undue delay and in any event not later than 14 days from the day on which the seller is informed of the consumer's decision to withdraw. The consumer, in turn, is generally required to return the goods within 14 days of notifying the seller of their withdrawal. However, the consumer may be liable for any diminished value of the goods resulting from handling them beyond what is necessary to establish their nature, characteristics, and functioning. Certain exceptions apply, such as contracts for personalized goods, sealed audio or video recordings, or digital content not supplied on a tangible medium, where the right of elállása may be limited or excluded.