What you can demand
Under article 434 of the Civil Code, if the seller did not disclose the defects when the contract was made, the buyer may demand one of the following, at the buyer's choice:
- replacement with goods of the same model and proper quality;
- replacement with goods of another model, with a recalculation of the price;
- free repair of the defect, or compensation for the cost of the repair;
- a proportionate reduction of the price;
- cancellation of the contract, with compensation for losses.
When the seller returns the money, the seller may not withhold any amount for use of the goods or for the loss of their appearance.
Time limits
Under article 410 of the Civil Code, if the goods carry a guarantee period, the defect must appear within that period. If there is no guarantee period and no shelf life, the defect must appear within a reasonable time, but within two years from the day the goods were handed over. If a law or the contract sets another period, that period applies.
How to apply
Give the seller a written application in two copies. Ask for a receipt mark on your copy. Keep the till receipt, the guarantee card and the packaging.
Expert examination
Under article 409 of the Civil Code, as a general rule the buyer proves that the defect arose before the goods were handed over. If the seller gave a guarantee of quality, the seller answers for the defect unless the seller proves that it arose because the buyer broke the rules of use, because of the acts of third persons, or because of force majeure. If the seller objects, demand an expert examination and keep the report.
If there is no answer
Apply to the consumer rights protection body, or file a claim in court. Under article 8 of the Law on State Duty, a consumer pays no state duty on claims about a breach of consumer rights.