Right to file a complaint
The right to file a complaint is valid for 2 years.
Consumers are entitled to contact the trader within 2 years of purchase if a defect occurs in the goods. The consumer also has the right to file a complaint or claim within 2 years for goods purchased at a discounted price or as used, but only for those defects of which the consumer was not aware at the time of purchase.
If it turns out that the goods have a manufacturing defect, the trader must repair or replace the goods. If repairs fail and replacement is not possible, the consumer has the right to withdraw from the contract, i.e. return the product and get a refund. In agreement with the consumer, the amount may also be reimbursed in gift vouchers.
Complaints may be made either orally or in writing. The consumer may submit a complaint to the trader in any form, either personally or through a representative. The first contact can be made by the consumer orally, but if the service provider contact person cannot/does not have the capacity to decide on such matters, a complaint in writing may be requested.
The complaint should include:
- the name and contact details of the consumer;
- the date of submission of the complaint, the date of purchase of the goods, or the date of receipt of the service;
- the defects of the goods or services;
- the claim submitted to the trader, i.e. what solution the consumer expects.
The complaint should also be accompanied by a copy of the proof of purchase, which may be a sales receipt, an invoice, a bank statement or any other document e.g. customer card or account details showing the time of the transaction and the parties. The written complaint must be answered within 15 days. If the complaint cannot be resolved within that time limit, the trader must justify the delay and inform the consumer thereof in written form, also specifying a new reasonable time.
If it is decided that the consumer's claim is to be satisfied, no written reply is necessary; it suffices to make a phone call or send an email, informing the customer that he or she can retrieve the repaired or replaced item, or that the purchase sum will be refunded to his or her bank account.
If no manufacturing error is found and the claim is left unsatisfied, it is mandatory to compose a written reply, which must also include sufficient justification of the decision.
During the first year, the trader is obliged to determine the cause of the defect and bear the related costs.
According to the law, the trader is presumed to be responsible for the defect during the first year unless proven otherwise. If the trader disagrees, it must prove otherwise and explain this to the consumer as well. The following sentences shall not be regarded as fulfilling the burden of proof: ‘no manufacturing defect was detected’ or ‘the defects that occurred are included among defects due to use’. The costs of providing proof shall be borne by the trader within the first year. At the request of the consumer, the trader is obliged to provide the results of the expert’s report or the trader’s explanations also in writing. During the second year, the trader may require the consumer to prove the existence of the defect.
Warranty
The right to file a complaint described above is often confused with a warranty. However, the concepts of ‘a right to file a complaint’ and ‘warranty’ are completely different. The right to file a complaint is provided by law and protects the consumer in any event. A warranty is offered by manufacturers and traders on a voluntary basis.
The salesperson must provide the customer with accurate information and inform them of their right to submit a complaint.
If the goods are covered by a warranty, the buyer must be informed of this and the terms of warranty must also be made known, and at the request of the buyer, the terms of warranty must also be given to them in writing.