Do not continue to use the defective product as this may aggravate the defect.
In the event of defective goods, you have the right to require the trader to repair the goods free of charge or replace them with new goods. Whichever option is more appropriate will be agreed between the parties, but usually it is the trader who decides whether to replace or repair the defective goods with a new one.
For example, you can ask to reduce the price or cancel the contract and return the money for the goods 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 would be unreasonably harassed.
If the seller has reason to doubt whether the defect in the goods is due to manufacturing defects or whether you caused it, experts will determine the causes of the defect. The burden of proof for the causes of the defect lies with the seller in the first six months after the purchase. In addition to the two-year right to assert claims under the Law of Obligations Act, the seller can also provide a purchase guarantee for the products.
As part of the warranty, the trader must offer greater rights than those that apply within the two-year warranty period. Thus, for example, the warranty period may be more than two years. Warranties must include other benefits, such as providing a replacement product during warranty repair, 24-hour customer service, and so on.
This also applies if you have purchased the service from a service provider. In the case of the service, you have the right to make a claim to the service provider within two years of receiving the service.
If the seller does not respond, refuses to resolve the complaint, or you do not agree with the solution offered by the seller, you can make a request to the Consumer Disputes Committee to resolve the dispute.
If you disagree with the Committee's decision, you can go to the county court. The counterparty can do the same.
- Providing a warranty for a product or service is voluntary for the trader, but the right to make a claim for a defective product is guaranteed by law. The trader cannot reduce or amend his legal obligation to be liable within two years with his own warranty for compliance with the terms of the contract.
- Expenses related to the removal of the defect in the goods, such as postage, transport, labor and material costs, must be paid by the seller.
- There are no other conditions for used items than for the new ones. Thus, the right to assert claims also applies to the sale of a used product.
- When you buy from a private person, the consumer protection rules do not apply because it is not a contract between a trader and a consumer, but a transaction between two individuals. Therefore, you have no right to make a claim when buying from a person, and in case of a problem, you can only seek legal help.
Last updated: 08.04.2021