In the event of a defect, the consumer may file a claim with the trader regarding the purchased item or service within two years. A manufacturing defect that occurs during the time that complaints can be filed (within two years) is either repaired or the product is replaced. Replacing an item means replacing it with the exact same item, i.e. all parameters must be the same, e.g. the colour, size, model, etc.
In the case of consumer sales, a lack of conformity which has arisen within one year of delivery to the purchaser is presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the item or defect.
If the work (service) does not comply with the terms of the contract, the contracting entity (consumer) may require the contractor to repair the work or carry out new work. The website of the Consumer Protection and Technical Regulatory Authority provides useful advice to follow before using various services and concluding a service contract. For example, attention must be paid to whether the contract is concluded with an individual or a company, and so on.
In the event of the repair or replacement of an item, the repaired part of the item or the replaced item will be subject to a new two-year right to file a claim as of the delivery of the repaired part or the replaced item to the consumer.
Warranty
Warranty against defects is a promise by a seller, former seller, or manufacturer (guarantor of the warranty against defects) to replace or repair or maintain a sold item free of charge or for a fee under the terms of the guarantee or advertisement to ensure compliance with the terms of the warranty or advertisement, or to refund the purchase price. The warranty against defects gives the buyer a more favourable status than provided by law.
The period of the warranty against defects begins with the delivery of the item to the buyer, unless a later start of the warranty period is prescribed in the contract or letter of guarantee. If the seller has an obligation to send the item to the buyer, the warranty period will not begin before the item is delivered to the buyer. The warranty period is suspended at a time when the buyer cannot use the item due to non-compliance with the terms of the contract, for which the guarantor of the warranty against defects is responsible.
The provision of a commercial guarantee is voluntary, but the guarantee must entail more than repairing production defects, repairing completed work, or replacing a product for a period of 2 years.
Commercial guarantees may, inter alia, include:
- submitting a claim within 3 years (1 year in addition to the legal obligation);
- promising to provide a replacement product for the duration of repairs (there is no such legal obligation);
- bearing the costs of identifying a defect for a period of 2 years (instead of the 1 year established by law).
Depending on the terms and conditions of the commercial guarantee, the guarantee may be purchased or provided free of charge, i.e. included in the price of the goods or services.
The direct seller has to deal with the problems and purchaser claims that have appeared during the warranty period. In case of problems with home appliances the representatives of firms or importers solve the claims. Before purchasing home appliances consumers should specify how problems with warranty will be organised.
Terms of the warranty against defects
The warranty terms must be provided to the consumer no later than the delivery of the item in writing or on another durable medium that the consumer can use. The consumer must be given the opportunity to get fully acquainted with the terms and conditions of the commercial guarantee prior to the conclusion of the sales contract. At the consumer’s request, the guarantee must be provided in writing or on another durable medium that the consumer can use.
The warranty against defects must contain the following information in plain, intelligible language for the consumer:
- the warrantor's name and address
- terms of the warranty against defects
- what warranty rights are given to the consumer
- an explanation that the consumer has the right to use the legal remedies against the seller free of charge in the event of non-compliance and that the warranty against defects does not affect this right
- a list of the items covered by the warranty against defects.
Failure by the guarantor to provide the above information does not preclude or limit the validity of the guarantee.
The consumer has 2 years to submit a claim. If the purchased item is replaced, the new warranty will be given similarly to the baseline. Warranty Terms and Conditions shall not put the consumer in a worse position than the law, that is regardless of warranty eligibility criteria (eg, 1 year warranty period), the consumer will still be entitled to claim the seller within two years.
Given the voluntary nature of the guarantee, the seller may change the terms listed above. The seller may limit the sale of the warranty, for example geographically as well as set different terms for replacing the components.
A warranty may include or may be limited to replacing the item. Many mobile phone vendors provide a replacement phone to the consumer during the period their phone is being repaired under the warranty. If the seller has not specified the terms of guarantee, it is assumed that the consumer has the right to claim cost free repairing or replacing the item.