Did you buy a robotic vacuum cleaner, a television, an expensive blouse, a baby carriage, but soon (or not) recorded a wedding? What to do? Until “when” you can exercise your right to return the product, repair, exchange, discount or refund. Now let’s try to deal with all the legal nuances of the problem.

This is primarily a matter of the correct separation of terms: voluntary quality assurance and the necessary or legal guarantee of the quality of the goods. The duration of the voluntary warranty depends entirely on the seller. The conditions of such a guarantee are usually stated in the purchase contract, guarantee certificate, on the packaging or in the product advertisement itself.

In the case of a statutory guarantee for quality, or the so-called legal liability of the seller for defects in the goods, then his freedom to set any conditions, including the warranty period, is rather limited. The law has already established everything for sellers: within the first 6 months of purchase, you have the full right to a refund, exchange, refund or a reasonable discount in the event of any product defects. And that’s not all: if a hidden defect occurs within the next 2 years, you also have the full right to submit a refund, which the seller is obliged to consider.

All the above deadlines start to run from the day the goods are taken over.

Another good news for you: When shopping in the online store, you have 14 days to deviate from the concluded contract without giving a reason. Well, think, think about who doesn’t happen.

And what about used goods?

If you buy a used product (such as a car or refrigerator), then in this case the seller’s responsibility for the quality of the goods remains the same, all two years. Although in this case there is one small “but”: the seller can reduce the warranty period by half, ie one year after purchase. And if the unscrupulous seller states in the contract that the warranty is only 6 months, then this clause will be considered invalid by law, because the minimum limit for detecting hidden defects should be 12 months.

Buying a used product involves several other legal nuances. In this case, the seller is solely responsible for hidden defects, ie those that cannot be detected immediately upon purchase. If you decide to buy used goods online, then carefully read the description of the goods: condition, quality, function, minor defects, etc.

Surely everyone has experienced, or at least may have, a similar situation as one of the clients of our law firm in Prague. Through a popular online platform, she bought expensive pumps from an equally famous fashion house. The description of the goods and the “quality” column indicated “as new”. Guess what? That’s right, they obviously didn’t look new and the problem had to be solved not quite peacefully. Precisely because the description contained false information, we managed to win the dispute for the client and get a decent discount.

If a conscientious seller wrote honestly about defects, then in this case there would be no need to talk about a discount, because the seller has fulfilled its obligation to notify you of the deficiencies of the goods.

Have you found a marriage within two years of purchase? Step-by-step actions:

Who should I contact?

Of course, you can declare marriage in the first place where this product was purchased. Another option is to contact the authorized service center listed in the warranty card. If we are talking about chain stores, then you can ask for help in any of them. The only exception is franchises: although we are talking about the same brand, the individual stores act on the market as separate entities.

WHAT CAN I REQUEST?

There are several variations you can ask the seller in case of a product failure:

If you find a defect within 6 months of purchase, the product is considered defective from the beginning, in which case you may request a replacement with a new product.
If the defect is so minor, you can eliminate it immediately without any problems, then do not count on a large discount, or even more so with a return.
If repair or replacement is not possible, then you can choose to withdraw from the contract or request a discount.
If the same defect reappears after repair, or you find 4 or more defects in the product, then you automatically have the right to replace the product or refund the full price.

A suitable variant must be stated in the complaint form.

However, there are certain situations in which your return or exchange rights are slightly limited. This applies to the purchase of used goods, or if you claim defects only on a specific part of the product, or if this particular unit of product is no longer in stock, it is logical that your product simply has nothing to exchange.

You can withdraw from the contract and claim full costs in cases where:

The marriage cannot be annulled and it is not possible to exchange the product for the same one
Marriage does not allow full use of the product
The same marriage has manifested itself three times
In one application, you will immediately mark 4 shortcomings that prevent the normal use of the product
The seller did not respond to your request within the specified lines

HOW LONG does the seller have to consider my application?

From the moment he receives your request, he has 30 days to give you an official answer: whether or not he recognizes your right to a refund, exchange, discount, etc. If a month has passed and “no response – no hello” from the seller, you automatically have the right to withdraw from the transaction and return all funds to your account.

WHAT TO DO IN CASE OF REFUSAL?

In fact, for obvious reasons, this happens quite often. Sellers usually justify the refusal on the grounds that the buyer is to blame and the marriage is only the result of improper handling of the product. To do this, you need to show the defective item to one of the dealers to make sure that this charge will not only charge your phone but also him (sorry, just the incident that happened to me last week) and don’t forget to mention it in your application.

It is also important to know the list of cases where the law allows the seller to reject the request. In all other cases, Emu law forbids this (the law, as you can see, tends to favor consumers over sellers):

The marriage resulted in improper handling and the wear and tear of the thing caused by its normal use cannot be declared either. However, if we are talking about excessive wear and tear on shoes or clothing in a short period of time, you can request a refund, exchange or compensation.
The seller is also not responsible for defects that appear later than 2 years after purchase.

WHAT STEPS to take if you do not agree with the rejection of your application?

If the seller does not know the very nature of the shortcomings of the product, then the surest solution would be to ask for the opinion of an independent specialist in this area. For the first six months after purchase, the goods are presumed to have been defective from the outset. This in turn means that in the event of a lawsuit, the seller will have to prove that he sold you a working product, and he will need strong evidence to do so – otherwise he will lose and you will logically leave the courtroom as the winner.

You will have to prove your case after 6 months of purchase. And this is where a very expert opinion on hidden product defects comes in handy. This will help you win the dispute and the seller will have to accept your application and also pay for the services of the same professional.
Sometimes sellers also insist that the application was not submitted on time. There can be a lot of nuances and pitfalls. So if the value of the product and its price are worth it, then it is better to turn to lawyers or a consumer organization for help.

Out-of-court settlement of a refund dispute

There is another way to resolve the dispute without having to go to court, the Czech Trade Inspection Authority will help us with that. We are talking about free dispute resolution, which most often takes place in writing, and therefore much faster than a court case. The request for assessment can be submitted with one click by filling out the form on the CTIA website. The disadvantage of this method of dispute resolution is that the CTIA, unlike the court, does not have the power to recover the money due from the seller. Therefore, if he proves to be too ruthless and stubborn for you, you still have to go to court.