Complaints
The buyer is not entitled to any rights arising from defective performance if the defect was caused by the buyer.
A defect is not wear and tear caused by normal use.
The buyer may complain about defects within two years of receipt of the goods.
This time limit does not run for the period during which the buyer cannot use the goods, if the buyer has rightfully pointed out the defect.
For a period of one year from receipt of the goods, it is presumed that the defect in the goods already existed when the goods were received, unless the nature of the goods or the defect precludes this.
The buyer should file a claim with the seller or the person designated to repair the defect without undue delay after the defect is discovered.
When making a claim, the Buyer shall provide his/her contact details, a description of the defect and a request for how the claim should be handled.
The Buyer shall be obliged to prove the purchase of the goods (e.g. with a proof of purchase) and to hand over or deliver the item to be claimed to the Seller at the time of the claim or without undue delay thereafter.
If the defect is removable, the buyer has the right to demand that the defect be removed free of charge within a reasonable time so that the buyer does not incur undue hardship, either by repairing the item or by delivering a new item.
It is for the buyer to decide whether the defect shall be remedied by repairing the item or by supplying a new item – but this does not apply if the method chosen by the buyer would be impossible or disproportionately expensive compared to the other.
Whether the method chosen by the buyer to remedy the defect is impossible or unreasonably expensive is assessed in particular with regard to the significance of the defect, the value the item would have had without the defect and whether the defect can be remedied by the second method without significant difficulty for the buyer.
The complaint, including the removal of the defect, must be settled and the consumer must be informed of this within 30 days of the date of the complaint, unless the seller and the consumer agree on a longer period.
This does not apply if the buyer does not provide the seller with the required cooperation, without which the seller will not be able to settle the complaint (in particular if the buyer does not hand over the claimed item).
The seller may refuse to remedy the defect if it is impossible or unreasonably costly to do so, particularly in view of the significance of the defect and the value the item would have without the defect.
If the seller refuses to remedy the defect, or if it is apparent from the seller’s statement or the circumstances that the defect will not be remedied within a reasonable time or without reasonable hardship to the buyer, the buyer is entitled to withdraw from the contract or to demand a reasonable discount on the purchase price (to be determined as the difference between the value of the item without the defect and the defective item received by the buyer).
The buyer is also entitled to withdraw from the contract or to demand a reasonable discount if the defect is repeated, if it is a material defect or if the seller fails to settle the complaint and inform the consumer within the time limit set out above.
However, the buyer is not entitled to withdraw from the contract if the defect is insignificant.
It is presumed that the defect is not insignificant until the seller proves otherwise.
If a defect occurs in the goods which constitutes a material breach of contract, the buyer is entitled to withdraw from the contract without first having to demand the removal of the defect or the delivery of a new item.
Upon withdrawal from the contract, the seller shall refund the purchase price to the buyer without undue delay after he has received the item or after the buyer has proved that he has sent the item.
The Seller is obliged to issue the Consumer with a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the complaint.
In the case of a justified complaint, the buyer is entitled to compensation for the costs associated with the complaint.
Until the seller fulfils his obligations under the defective performance, the buyer does not have to pay the outstanding purchase price or any part thereof.
