Your rights
If the goods are faulty, the buyer has the right to make a claim within 24 months of delivery. The defect must be reported to the seller or the person designated by the seller at the time of purchase – this is usually an authorised customer service centre. A complaint about the goods can be made at any of the seller’s branches; for example, if a camera is purchased whilst on holiday in Karviná, it can also be returned in Prague if there are any problems.
The manufacturer or seller may also provide a voluntary guarantee, which is legally referred to as a quality guarantee. In doing so, they undertake to ensure that the goods retain their fitness for purpose or certain characteristics for a specified period. This is therefore a guarantee that goes beyond statutory rights; for example, lifetime guarantees are also offered. Other manufacturers offer to replace the product with a new one in the event of problems.
The consumer has several options regarding the complaints they can make in the event of defective goods. First and foremost, they have the right to demand that the defective goods be repaired. If repair is not possible, they may demand that the goods be replaced with new ones. This also applies in the case of recurring defects (the same defect occurring three times or four different defects). In this case, they also have the right to withdraw from the contract, i.e. to demand a refund of the purchase price.
Your obligations
For a complaint to be successful, the consumer must not have handled the product improperly. Otherwise, the complaint may be rejected on the grounds that the consumer caused the defect themselves.
The same applies if the consumer fails to observe the general principles for handling the item or other instructions from the seller regarding its use. Some products, for example, are particularly sensitive to water.
The seller is solely liable to the buyer for defects. The seller is obliged to accept the goods for the complaint. Consumers often direct a complaint to the manufacturer, the importer or repair shops that have nothing to do with the specific complaint. These parties are not obliged to process the buyer’s complaint, even if the seller refers them to these parties. Although they may choose to deal with the complaint voluntarily, the buyer cannot under any circumstances demand that they do so.
Compiled using information from the online guides of the Czech Trade Inspection Authority and the magazine dTest.
With every purchase, whether it’s a car or bread rolls for breakfast, we as consumers are protected by law. If a product is faulty, we can make a complaint. It is important to know and assert your rights, but at the same time not to abuse them. With a damaged mobile phone or a scratched car, it is often difficult to prove a manufacturing defect.
Have you saved up for a top-of-the-range laptop, only for the screen to go black a week after purchase? If you have treated the device with care and haven’t dropped it, there’s no need to worry: the law is on your side and you can, of course, make a complaint about the faulty goods.
Today we’re focusing on complaints about goods purchased in a high-street shop. So forget about the right to exchange or a refund without giving a reason, as is common in online shops (more on that tomorrow). In a high-street shop, you have the opportunity to thoroughly inspect and try out the goods. However, shops handle this differently: with clothing, for example, an exchange is often possible without any problems, but this depends on the terms and conditions of the respective seller and usually simply reflects their customer-friendliness. That is why it always makes sense to find out about the return policy for goods in perfect condition – sometimes you can even find this directly on the receipt.
You have 24 months to make a complaint. When it comes to warranties and complaints, you should be aware of a change in terminology introduced by the new Civil Code. “The concept of the statutory warranty has been abandoned and replaced by the framework of rights arising from defective performance. These rights constitute a basic set of entitlements to which the buyer is entitled directly by law. When consumers purchase consumer goods, a 24-month period still applies for making complaints regarding defects,” explains David Elischer from the Department of Civil Law at the Faculty of Law in Prague.
Crucially, this statutory scope of rights must not be restricted in any way. If, for example, a contract stipulates that a mobile phone is covered by only a one-year warranty, such a provision would be effectively void. If a defect arises one and a half years after purchase, a complaint can still be made (the necessary formalities for making a complaint are explained further down the page – Ed.). If the defect arises within the first six months of taking delivery of the goods, the consumer is in a particularly advantageous position. Legally, in this case, it is deemed that the item already had the defect in question at the time of taking delivery; the seller would have to prove otherwise. The legal situation between the sixth and the twenty-fourth month after taking delivery is not entirely clear. According to David Elischer, the same rules should apply to the consumer as in the first six months. However, the Czech Trade Inspection Authority recommends that consumers use the first six months after purchase to familiarise themselves thoroughly with the product and to make a complaint for any defects within this period. During this period, their more advantageous position is expressly regulated by law.
In addition to the rights laid down by law, the seller or manufacturer may also provide a so-called contractual warranty or guarantee. “In practice, it is common to guarantee a certain added value or specific characteristics of one’s own product,“ explains David Elisher. This may, for example, involve a longer period for reporting defects. “A manufacturer of roofing materials, for example, guarantees a lifespan and functionality of thirty years, whilst a car dealer provides a ten-year guarantee against rust on the bodywork. The aim is also to attract customers with the guarantee of better quality or longer durability,” he adds.
“The seller is liable to the consumer for ensuring that the goods are free from defects upon delivery. You can therefore make a complaint if the goods are defective, particularly if they do not possess the characteristics promised by the manufacturer or seller, or which you could reasonably expect given the nature oft he goods,“ explains lawyer Vojtěch Steininger. For example, if you buy a diving watch that stops working the first time you take a bath, this is a valid reason for a complaint. You can also complain about the goods if they breach legal regulations or do not have the agreed quantity, size or weight.
What can and cannot be claimed?
However, the warranty does not cover signs of wear and tear resulting from normal use of the goods. For example, socks or AA batteries do not usually last two years. The same applies to foodstuffs, where the expiry date stated on the packaging determines the duration of the warranty. “Wear and tear that inevitably occurs during the use of the purchased goods and is commensurate with the goods’ useful life cannot be regarded as a defect; this does not constitute grounds for a complaint,” explains David Elischer.
The warranty does not cover defects of which the customer was aware at the time of purchase, or those caused by the customer themselves after taking delivery of the goods. Nor is the seller liable for defects arising from failure to follow the instructions for use. Sellers often hide behind precisely such provisions. A common response to a complaint about a mobile phone is that the device shows signs of water damage. In plain language, this means that you will have to pay for the often very costly repair yourself.
In certain cases, complains for defects cannot be made at all. “If you buy something at a flea market or second-hand, the seller is not liable for defects resulting from normal wear and tear or natural deterioration. This also applies to goods that have been reduced in price precisely because of a defect,” adds Elischer.
A car “tuned” beyond recognition
Computers are usually sealed when purchased, and the warranty excludes unauthorised ‘inspection’. The warranty for some products – typically cars – is, however, tied to regular visits to authorised garages and the exclusive use of original spare parts. As already mentioned, however, a 24-month warranty applies by law to every consumer good, and contractual restrictions on this warranty are not permitted.
Of course, defects cannot be claimed if the consumer has caused them themselves, for example through improper repairs or other interventions. For instance, extensive car tuning carried out by a friend is unlikely to be met with understanding if a complaint is made at a brand-authorised workshop. For these reasons, the seller may reject the complaint (how to proceed in such a situation is explained further down in the text – Ed.).
How to proceed with a complaint
The consumer’s most important weapon is the complaint, i.e. reporting product defects. In the main article, we have already explained the grounds on which and within what timeframe a complaint can be made. It now remains to explain exactly how to proceed.
“The defect must be reported to the seller or a person appointed by them, such as an authorised repair shop specified by the seller at the time of purchase. It is also the case that, even if I bought the goods in Hradec Králové, I can easily make a complaint at a branch in Prague. Furthermore, you must specify what the defect is, or at least describe how it manifests itself and to what extent it affects the use of the item,“ explains David Elisher, outlining the basic procedure.
The original packaging is not required
Retailers sometimes impose different conditions for complaints, but these are not always lawful. For example, a seller may not demand the original packaging when a complaint is made. Under no circumstances may they go beyond the legal requirements and thereby restrict the consumer.
When making a complaint, it is not necessary to present the original receipt. It is sufficient to prove that the goods were actually purchased in the shop in question. A bank statement for card payments is entirely sufficient, and sometimes a witness statement, for example from a spouse, may also suffice.
However, this still relates exclusively to complaints about defective products. If the operator of a high-street shop permits the return of non-defective goods within a certain period without giving reasons, they may set their own conditions for this. In most cases, the return in the original packaging is required. Clothing retailers, on the other hand, logically expect the returned goods to be unworn.
What can you claim?
In the event of a complaint, the customer may demand the repair of the defective goods, an exchange for new goods, a refund of the purchase price where applicable, or withdrawal from the contract. The consumer should, first and foremost, assert their right to have the defect rectified free of charge (subscribers to the LN can find a general template in the digital reader – Ed.). “If the goods are defective, the buyer may demand the delivery of new, defect-free goods. However, if this is disproportionate given the nature of the defect, particularly if the defect can be rectified without undue delay, the buyer is entitled to have it rectified free of charge,“ explains Vojtěch Steininger.
If a defect recurs – at least three times the same defect or four different defects in the same product – the buyer is entitled to an exchange of the goods or, where applicable, a refund of the purchase price. “These are cases where the item cannot be used properly due to the repeated occurrence of a defect or a significant number of defects. In such a case, the consumer may also withdraw from the contract,“ adds Steininger.
The Trade Inspection Authority or a court can help
“If a trader rejects a complaint, it is possible to submit an application to the Czech Trade Inspection Authority (ČOI) for out-of-court settlement of the consumer dispute. The aim is to reach an amicable agreement and conclude a settlement,” explains Vojtěch Steininger regarding the possibility of an out-of-court solution. If no agreement is reached, the ČOI may issue an opinion, though this is not legally binding. “This raises the question of whether traders take these opinions lightly. Another possible step for the consumer is to file a lawsuit,” adds Steininger.
If it is a costly matter, it is worth consulting a solicitor – after all, car repairs can be very expensive. However, consumers must always look after their own rights.
“Consumer protection must not be used as an excuse for the consumer’s incompetence or carelessness,“ explains Vojtěch Steininger.