Legislation Complaints

The following data summarizes the information from the applicable legislation on complaints goods.

Businessman

  • Unless a contractual warranty is agreed in writing, only the legal liability for defects upon acceptance applies.
  • Obvious defects must be claimed upon receipt.
  • Hidden defects must be claimed immediately upon discovery.
  • The claimant must prove that the defect was already on the thing upon receipt.
  • Defects are divided into substantial and insignificant.
    • Substantial are those which have not been so marked in the contract or those in which the entitled party cannot have an interest in such performance.
      • Substantial defects give rise to a claim for:
        • repair of goods
        • exchange of goods
        • replenishment of missing goods
        • elimination of legal defects
        • discount from the purchase price
        • withdrawal from the contract
    • All others are considered insignificant and the buyer must prove that they are essential.
      • Minor defects give rise to a right to:
        • repair of goods
        • exchange of goods
        • replenishment of missing goods
        • elimination of legal defects
        • discount from the purchase price

A reasonable period of time must be allowed for resignation. Only in case of non-compliance with it is possible to withdraw from the purchase contract.

  • In the event of a recognized material defect, the entrepreneur is entitled to compensation for lost profits according to the tax return.
  • If the defect in the goods causes damage higher than 500 EUR, the entrepreneur is entitled to claim liability from the seller for the defect of the product. He can then apply it to the carrier or the manufacturer.

Consumer

  • The consumer is provided with a legal warranty of 24 months for new goods.
  • In the event that the goods are provided with an extra warranty by the manufacturer, a longer warranty period definitely applies. The customer does not have to prove himself with a guarantee certificate, for example, a promotional leaflet or printscreen of an internet advertisement in which a longer guarantee is stated, or anything similar with which the goods are promoted, is sufficient.
  • The consumer can prove the purchase:
    • receipt or guarantee certificate
    • order or confirmation from the e-shop
    • account statement if paid by card
  • The seller is not obliged to accept the complaint if:
    • the goods are hygienically defective and do not comply with basic hygienic standards
    • the customer refuses to provide his data, it is not possible to write a complaint report with him and the goods are not actually handed over for a complaint
  • Upon receipt of the complaint, the seller must issue a complaint report.
  • The 30-day period begins on the day following the receipt of the complaint, ie the day of receipt is the zero day.
  • The seller is obliged to contact the consumer with information on how to settle the complaint within 30 calendar days in writing.
  • Failure to meet the 30-day period entitles the customer to withdraw from the purchase contract and the risk of a fine from the CTIA (Czech Trade Inspection Authority).
  • The deadline can be extended with the written consent of the customer.
  • The buyer is obliged to check the goods upon receipt.
  • If the thing has a defect that the buyer already knew about at the time of purchase, ie the so-called obvious defect, it is assumed that he bought the thing with the defect.
  • If the item has a defect that would only be known by an expert when concluding the contract and inspecting the item, ie a hidden defect, or if it is a defect that occurred later on the goods, the buyer has the right to complain about the defect without undue delay after detection.
    If he does so within 6 months of the purchase, he is favored by a rebuttable legal presumption according to § 2161 par. 1 (it is up to the seller to prove that the thing was not defective upon receipt) that the thing was defective at receipt.
    If they do so later, but within the warranty period of 24 months, they must, on the contrary, prove that the item was defective upon receipt.
  • For a period of 6 months from the delivery of the item, the consumer has the right, in addition to repairing the goods, to exchange them for a new piece. However, he must state this request when making a complaint, ie the request for replacement must be stated on the complaint protocol, otherwise the decision is entirely up to the seller. The consumer has the right to exchange in this way only if it is not a so-called minor defect.
  • After 6 months from receipt, the consumer has the right to:
    • for remediable defects for repair or discount from the purchase price
    • for remediable defects, when 3 different defects appear at the same time or 3 defects of the same gradually for a discount, exchange or withdrawal from the purchase contract
  • The consumer is entitled to reimbursement of costs expediently associated with the complaint:
    • transport costs
    • the cost of an expert opinion in the case of a recognized complaint
    • postage and telephone call costs
    • in case of a successful litigation:
      • expert opinion
      • court advance
      • costs recognized by the court
  • Reasons for rejecting a complaint:
    • Defects in the goods were not claimed immediately after they were discovered
    • The defect was obvious upon receipt of the goods
    • The goods have been mechanically damaged by the consumer and are therefore not a defect of the goods
    • This is normal wear and tear
    • These are common properties of natural materials
    • The useful and aesthetic values of the goods were prematurely exhausted by careless use
    • The defect was in the goods at the time of receipt and a discount was agreed on the purchase price
    • The defect arose as a result of an external event beyond the control of the seller
    • Expiration of warranty period
    • The defect did not appear during the detailed examination

Together

  • The warranty is increased by the days of the complaint, ie from the receipt of the complaint from the customer to the information about the possibility of collection. In the case of parcel transport, a three-day delivery period is taken into account. Therefore, if the customer sends the goods in a package, it is considered received within 3 working days of its dispatch. If the goods are subsequently sent back to the customer also by package, it is considered delivered no later than 3 working days from dispatch.
  • The buyer must always notify the seller of his choice of preferred solution when receiving a complaint. If he does not do so, he cannot then invoke it.
  • If the seller settles the complaint to the buyer in exchange for a new piece without prior consent, the buyer has the right to withdraw from the contract.
  • If the seller devalues the claimed product to the buyer during the settlement of the complaint, the buyer is entitled to compensation for damage by restoring it to its original condition or by paying the quantified damage in cash.
  • In the event of a minor breach of contract - the customer may request a repair or a discount on the purchase price.
    However, if the item is not repaired within the time limit, or if the seller refuses to remove it, then the buyer may withdraw from the contract.

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