The consumer has the right to apply to the trader with a complaint within two years of the purchase in case of a defective product or service.
However, the consumer can turn to the trader with a defect that has not been known about at the purchase time. For example, if the coat has a broken lock and the trader has highlighted this defect before the deal, the consumer has no right to contact the trader for this particular defect, but if the coat has other defects, the consumer is still entitled to contact the trader with a claim.
If it turns out that the goods have a defect, the matter must be repaired or replaced.
If improvement fails and replacement is not possible, the consumer is entitled to withdraw from the contract or return the product and get the money back. In agreement with the consumer, you may also reimburse the paid amount in gift cards.
The complaint may be submitted both orally and in writing. The complaint may be submitted to the consumer to the trader in free form, either by themselves or through a representative. The complaint should indicate:
- consumer's name and contact details;
- the date of filing a complaint, the date of purchase or receipt of the service;
- defect of goods or services;
- a requirement for the trader, i.e., what the consumer is waiting for.
The complaint should also include a copy of the document certifying the purchase, which may be a check, invoice, bank statement, or other document showing the transaction time and participants.
You must answer the written complaint within 15 days.
The right to appeal described above is often confused with the warranty. However, "the right to file a claim" and "guarantee" have completely different concepts. The right to appeal is due to the law and will protect the consumer in any case.
The trader must provide correct information to the consumer. The trader should inform the buyer of their right to complain. To this end, the following sentences are sufficient:
- "If the goods end up being defective, you can contact us within two years after purchase."
- "To assure that your complaint would be easier to resolve later, save the purchase receipt."
If the goods have a guarantee, the seller must inform the consumer about the conditions for the guarantee, and the seller must also give the warranty conditions in writing.
Notification of sales of goods on preferential terms
In the case of discount, the final price of the goods means a new reduced price. You must take the discount into account based on the same price, which the company has been sold beforehand, and you should not artificially raise the prices before the start of the discount.
Information that all goods are offered at a lower price, and the discount rate must be clearly and unambiguously understood by the point of sale and be presented to the consumer before making the transaction.
It is misleading to the consumer to advertise a great discount if the sale really concerns only a small part of the goods.
While advertising sales in the percentage range, you must consider that the discounted goods must be in proportion to both the lowest and the highest percentage discounted goods. In doing so, it must be taken into account that the extent to which the consumer's transaction decision is, in particular, the maximum percentage of the allowable discount.
When using the expressions of "all" and "everything," it is necessary to consider when informing the sales price of the sale that the consumer is provided to the trader offered by the trader is fully at a more favorable price. For example, different exclusions (except for impaired products, some product groups, some brands, new season goods) are generally not recommended. The advertising message must consider the visual interaction (text/image/sound/font size/color scheme/distinctivity, etc.) and the resulting association for the viewer.
Submission of false information on price, calculation bases, or the existence of an expression "all" and "everything" misleading in the use of the goods on the preferential sale of goods shall be regarded as a misleading trading practice in the meaning of the Consumer Protection Act.
In the case of loyalty campaigns, you must bear in mind that the special customer's special price would not be visually dominant. The consumer must also have the opportunity to indicate the cost of the regular client's goods in force.
When the goods are intended to be offered and sold at a lower price of the published sales and unit prices, the publication of a new reduced sales and unit price is not only necessary if a uniform benefit is in the short term of the point of sale and such a discount applies to all goods without exceptions and exclusions. In such a situation, it would be unreasonable to require all goods' revaluation for a short time.
Last updated: 05.04.2021