Defective goods: do you know your consumer rights?

If you purchase a defective product the Consumer Protection Act protects you from the arbitrariness of a retailer who may not want to repair this defect. Claims for defective goods can be made either under the warranty or on the basis of guarantee claims, where the grounds for the claim is entirely up to you, because as long as the claim arising from one or another form of liability is not entirely fulfilled, the bases of liability do not exclude themselves. 

The Minister of Economy is responsible for drawing up rules governing which goods must come with an obligatory warranty of at least one year and which second-hand goods must come with a warranty of at least one month. However, some providers also voluntarily extend the mandatory warranty period to increase the competitiveness and attractiveness of their products on the market, or even provide a voluntary warranty for products that are excluded from the rules. If a product develops a defect during the warranty period, you can notify the retailer (or manufacturer or repairman) of the defect at any time within the warranty period. The advantage claiming under warranty is that the burden of proof is on the seller, therefore it is considered that the liability is assumed, of which the warrantor must then prove the opposite. The disadvantage of the warranty, however, is that the order of the claims must be followed, as it is necessary to demand that the defect be repaired first. The seller then has 45 days to repair the defect (free of charge) and if the defect is not repaired within this period, the goods must be replaced with new, identical and in full working order. If the goods are not repaired or replaced, the consumer may terminate the contract or demand a reduction of the purchase price. We also point out that the period of 45 days is added up, which means that if the product has already been repaired (due to the same type of defect), the time spent being serviced is also deducted from the overall deadline, meaning that the deadline for the next repair is shorter. It is also important that if a product or a substantial part of it has been replaced, such new product also has a new warranty (i.e. the warranty period starts again). The warranty can also be claimed without a warranty certificate, but in this case, it is necessary to prove when and from which company the product was purchased (for example with an invoice/receipt). Customers are entitled to a substitute product while the defective one is being serviced and if it is not provided, damages caused due to inability to use the product can be claimed. 

The second option is to exercise the rights on the basis of guarantee claims within two years of the product being delivered to the consumer, or in case of second-hand goods within one year. In the case of guarantee claims, the consumer must first notify the seller within 2 months of the defect discovery. The consumer then has a further two years from that date forward to make a guarantee claim, therefore to demand that the defect be repaired or the purchase price reduced or the goods replaced with new goods in full working order or a full refund of the purchase price. The advantage of this option is that the consumer does not need to request that the goods be repaired first (as is the case with the warranty claim), but can immediately request that the goods be replaced or the contract terminated. Another advantage is that the consumer can claim compensation for all damages (this is limited under the warranty). It is also possible to terminate the entire contract even if only an essential part of the product develops a defect – for example, if a vehicle’s engine is faulty, it is possible to terminate the purchase contract for the entire vehicle. If the defect of the goods is not disputed, the seller must accept the consumer’s claim and reply in writing within eight days of receipt of the claim. As with the warranty, the period for asserting guarantee claims begins to run once again from each repair or replacement of the product.

In both cases described above, if the addressee unjustifiably rejects the consumer’s claim to repair the defect, replace the goods with a new one or refund the purchase price, the market inspectorate may order the addressee (seller, manufacturer, etc.) to comply with the consumer’s claim. Please note that this is possible only if there is no dispute between the parties about the existence of the defect or if the consumer submits the opinion of a court expert or if the defect is otherwise undoubtedly proven.

In conclusion, we advise you to keep all correspondence from the claim date and the documentation you receive at the time of purchase, as it can make it easier for you to exercise your rights if you find defects. You should also send claims by registered post/parcel service with a return receipt so that you can prove with greater certainty when the addressee received your claim, making it easier to calculate the deadlines accurately.

Author: Tina Marciuš Ravnikar, Associate