If a defect occurs in the purchased goods or you are dissatisfied with the purchased service, you have the right to file a claim with the trader or service provider. If you have used and correctly maintained the goods purchased, but a defect occurs, you have the right file a claim with the trader within two years from the purchase if you consider it to be a manufacturing defect or other defect for which the trader is responsible. For services, you have the right to file a claim with the service provider within two years of the receipt of the service.
The same principles also apply to the purchase of so-called second-hand goods, as a consumer contract is concluded between the consumer and the trader. However, it must be borne in mind that, in the case of a second-hand item, what results from the normal wear and tear of the item cannot be regarded as defects.
In order to submit a complaint, it is necessary to provide the trader with a purchase receipt, a contract or any other proof of purchase. Please contact the trader immediately with your claim. Do so no later than within two months of the discovering the defect. If there is no response to an oral complaint, submit a complaint in writing.
You can file a complaint in a free format, but be sure to include your name and contact information, the date of the complaint, the defect in the product or service, and your preferred solution.
In the case of defective goods, you have the right to first ask the trader to repair the goods free of charge or to replace them with new goods. The most appropriate option must be agreed with the trader but, as a general rule, a more reasonable and justifiable way of remedying the defect must be chosen.
You can, for example, ask the trader to reduce the purchase price or terminate the contract, and be reimbursed for the goods if:
- the seller is unable to repair or replace the goods; or
- the repair or replacement of the goods fails; or
- the seller does not remove the defect within a reasonable period; or
- you will be unreasonably inconvenienced.
If the seller has reason to doubt whether the defect in the goods is due to manufacturing defects or whether you have caused it, the reasons for the defect will be proven by experts. The burden of proving the cause of the defect lies with the seller in the first year after the purchase. After that, the consumer must prove these facts.
The trader or service provider is obliged to receive the complaint and reply to you in writing within 15 days.
Before submitting your application to the Consumer Disputes Committee (in Estonian), you must have filed a claim with the trader.
Where to get information and help
If you need assistance in filing a claim with the trader, initiating a consumer dispute before the Consumer Disputes Committee or are unsure of your rights and obligations, you can always seek advice and assistance from consumer advisers.
The consumer advice helpline (620 1707) is the fastest and easiest way to get answers to your questions. Calls can be made on working days from 10:00 to 15:00.
It is possible to submit your questions or ideas electronically via the e-service of the Authority. Questions can also be sent by post to Endla 10a, Tallinn, 10122 or by e-mail to [email protected].
References
- Consumer Disputes Committee
- Consumer advisors contacts
- The European Consumer Centre of Estonia
- About consumers rights in EU (portal Your Europe)
Services
- Application to the Consumer Disputes Committee (in Estonian)
- Customer service environment of the Consumer Protection and Technical Regulatory Authority (in Estonian)
- Submitting a complaint in relation to cross-border transactions in the EU
- Web-based resolution of complaints related to online traders (ODR Platform)