Did you buy something that stopped working after a few days or months? Then you are entitled to make a complaint about the goods. However, this can often turn into quite a difficult long-distance run. Do you know your statutory rights? How do you make a complaint about consumer goods, and when are you entitled to a refund?
Complaints about goods and the warranty period
All the circumstances and rights of both parties in a complaint are set out in the Civil Code (občanský zákoník), specifically in Section 2165 of Act No. 89/2012 Coll., the Civil Code. This law does not use the common and widely known term warranty period. Instead, it uses the term period for exercising rights arising from liability for defects and from a guarantee. For the purposes of this article, however, we will use the familiar term warranty period.
By law, it is set at 24 months, or 2 years, from the date you receive the goods. If the product breaks down during this time, or a particular function or the whole product stops working, follow the guide below.
Physical shop vs. online shop
When you buy goods in a physical shop, the period starts on the day of purchase. If you ordered the goods online, the warranty period only starts on the day you receive the goods, which is very important to mention. When you buy online, you can also return the goods within 14 days without giving a reason. By doing so, you withdraw from the contract between you and the seller.
Some advertisements tempt you with extended warranties of up to several years. This is usually the case with offers for more expensive and attractive products such as cars, expensive mattresses, luxury electronics and so on. This promise in an advertisement already counts as an extended warranty, and the seller should also commit to it in the contract or in the user manual.
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How to make a complaint about goods
If the goods develop a defect during the warranty period, you are entitled to make a complaint. You can go back to the shop and make the complaint there. You usually explain the defect to the seller and when it appeared, or during what activity. The seller should then give you a written confirmation that the complaint has been opened, which should list the defects, the date the complaint was opened and how it will be handled.
If you bought the goods online, you must send them to the seller with a complaint form or similar document attached. Everything should always be stated in the terms and conditions. You must send the goods complete, with all accessories.
You, as the buyer, decide how the complaint will be handled. There are four ways to resolve a complaint:
- You can ask for the goods to be repaired
- Replacement with new goods
- A discount
- Or withdrawal from the contract and a refund
This is usually where the problem lies, as sellers make excuses or offer only some of the options above. They are partly right, but not entirely. The way the complaint is handled should depend on the nature of the defect. So you are more likely to be entitled to a refund in more serious cases.
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How long will it take to get repaired or new goods?
By law, the seller must decide on the complaint immediately, or within three days in exceptional cases. The seller must then try to put things right as quickly as possible, which means that if the goods are being replaced with new ones, you should receive them within a few days. A repair may take slightly longer. The law sets the deadline for remedying the defect at a maximum of 30 days.
If this deadline is missed, you are automatically entitled to withdraw from the contract, unless you agreed with the seller in advance to extend it.
Rejected complaints
You probably know this either from personal experience or from what friends have told you: the seller rejected the complaint. However, the seller must always justify the rejection and give reasons for it.
A very contentious situation is when the seller says the complaint cannot be accepted because the product was handled incorrectly. In other words, the seller is telling you that the damage is your own fault. Sometimes this may be justified. However, sellers also often misuse this reason.
Repeated complaints
If you make repeated complaints about the goods, you become entitled to a refund. Here, three strikes and you’re out applies. You only need to complain about the same defect 3 times or different defects 4 times, and you can automatically withdraw from the contract.
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Do you have the receipt?
You certainly do not need the original box or packaging to make a complaint, despite what sellers often claim. In extreme cases, you do not even need the receipt. You only need to prove that you really bought the item from that seller on that date.
So you can also go into battle with a payment confirmation for your order, a bank statement or a witness to the purchase.
Complaints are not always simple or smooth. But do not let yourself be brushed off if you are entitled to make one. We wish you the best of luck.