DO NOT RE-USE THE DEFECTIVE PRODUCT AS it may worsen THE DEFECT.
To make a claim: look for the receipt of purchase, contract or other document proving the purchase and contact the trader immediately.
Suppose there is no response to an oral complaint; submit a complaint in writing. You can submit a complaint in a free form, but be sure to include your name and contact information, the date of the complaint, the defect of the product or service and your preferred solution.
In the event of defective goods, you have the right to demand that the trader repair the product free of charge or replace it with a new product. It will be agreed between the parties which option is the more appropriate, but generally you must choose a more reasonable way to resolve the problem.
For example, you can ask the trader to reduce the price or cancel the contract and get a refund if:
- the seller is not in a position to repair or replace the goods, or
- repair or replacement of the goods fails or
- the seller has not solved the problem within a reasonable period of time, or
- you are unreasonably harassed.
- If the seller has reason to doubt whether the defect is due to manufacturing defects or if you have caused it, experts will prove the causes of the defect. The burden of proof for the reasons for the defect lies with the dealer in the first six months after the purchase.
The trader or service provider must accept the complaint and reply to you in writing within 15 days.
If the trader or service provider refuses to resolve your complaint or does not agree with the proposed solution, you can contact the Consumer Disputes Committee to resolve the dispute.
IF YOU DISAGREE WITH THE DECISION, YOU CAN GO TO THE COUNTY COURT. The other party can do the same.
Consumer Disputes Committee to settle national disputes
The Consumer Disputes Committee is an independent consumer dispute resolution body responsible for resolving disputes between consumers and traders. Disputing parties are a consumer living in Estonia and a company registered in Estonia.
The European Union Consumer Center helps resolve cross-border consumer disputes.
Solving a problem in committee is much easier, more convenient and requires less time and money than in a legal dispute. Settling a dispute in the Consumer Disputes Committee is free of charge for consumers and merchants, and the result is usually achieved within 90 days of the application being processed.
The Committee will not settle any dispute relating to:
- the provision of a non-economic service of general interest;
- public education services;
- healthcare provided by healthcare professionals to patients for the purpose of assessing, maintaining or restoring their health, including the prescription, dispensing and supply of medicines and medical devices;
- a claim for damages resulting in death, bodily injury or damage to health;
- a settlement procedure in other laws in accordance with the requirements of this Act.
The parties shall settle such disputes before a district court or other competent institution.
You CAN read about the ACTIVITIES OF THE CONSUMER DISPUTE COMMITTEE ON THE CONSUMER DISPUTE COMMITTEE WEBSITE.
You can submit a statement to the Consumer Disputes Committee if you have already contacted the trader in writing but have not received a reply from him or if you do not agree with the proposed solution.
You can submit the application
- electronically via the Consumer Protection and Technical Regulatory Authority's self-service portal;
- by mail to the secretariat of the Consumer Disputes Committee at Endla 10a, 10122 Tallinn;
- Email firstname.lastname@example.org.
The application must state:
- Consumer name, place of residence and other contact details;
- the company name and business address of the trader;
- content of the dispute and a clear request, e.g. what solution is sought;
- a consumer statement that another recognized dispute resolution body will not settle the dispute or that the dispute has not been submitted to the court or settled by the court;
- Confirmation from the consumer that the trader has been contacted in advance.
- The declaration must show that the consumer transmits it to the Consumer Disputes Committee and must be digitally signed or handwritten.
The application must be accompanied by copies of all documents relating to the dispute and proving the consumer's claim, including:
- documents confirming the purchase of goods or the conclusion of a contract, order confirmation, pictures of a document certifying the guarantee;
- Proof of payment stating the name of the payer, if possible;
- all correspondence relating to the dispute;
- other documents related to the dispute.
Disputes in the Consumer Disputes Committee are usually settled by written procedure on the basis of documents submitted. However, if the consumer wishes to attend the hearing, this must be made clear. If he chooses to attend an oral hearing, he must be sure to attend the hearing in the Committee.
Last updated: 08.04.2021