Conformity of goods
The trader is responsible for compliance, which existed at the time of the transfer of risk within 2 years, provided that in the first 6 months it is assumed that the defect existed from the beginning (except for a certain nature of the goods and the defect). This means that, depending on the type of goods, specially agreed consumer requests and other circumstances of the specific case, as well as special pre-contractual information that the trader is obliged to provide to the consumer, in accordance with Art. 16 and 51 of the Law on Consumer Protection (hereinafter: the Law) the trader shall be liable for two years.
Conditions of conformity from Article 44/2018. The law stipulates, inter alia, in point 3) that the goods have the properties necessary for the regular use of goods of the same type. Conformity, therefore, represents the proper functioning of goods, compliance with the contract and justified expectations - which are naturally different in the case of consumables and goods whose shelf life or shelf life is less than two years. According to Article 55 of the Law, the trader is responsible for the conformity of the goods within two years, whereby in the first six months the legal presumption is valid that the non-conformity existed from the beginning, according to the nature of the goods and the defect. Thus, for the conformity of "consumables" and goods which by their nature are such that they cannot last for two years (e.g. a battery) depending on the other circumstances of the particular case, the trader cannot be in a position to which he would be liable.
Complaint and how to resolve the complaint
The consumer may file a complaint to the seller in order to exercise his rights under Art. 52, 54 and 81 of this Law, as well as due to incorrectly calculated prices and other shortcomings.
The seller is obliged to prominently display the notice on the manner and place of receiving complaints at the point of sale, as well as to ensure the presence of the person authorized to receive complaints during working hours.
The consumer may file a complaint orally at the point of sale where the goods were purchased, or at another place designated for receiving complaints, by phone, in writing, electronically, or on a durable medium, with an invoice or other proof of purchase (copy bills, slip, etc.)
The seller is obliged to keep records of received complaints and to keep it for at least two years from the day of submitting consumer complaints.
The seller is obliged to issue a written confirmation to the consumer or to confirm the receipt of the complaint electronically, ie to announce the number under which his complaint is registered in the records of received complaints.
Records of received complaints are kept in the form of a hardcover book or in electronic form and contain in particular data on the submitter and date of receipt of the complaint, data on goods, brief description of non-compliance and claim from the complaint, date of issuance of confirmation of receipt of complaint. delivery of that decision, the agreed appropriate deadline for resolving the consumer's agreement, the manner and date of resolving the complaint, as well as information on the extension of the deadline for resolving the complaint.
The seller is obliged to respond to the consumer in writing or electronically without delay, and no later than within eight days from the day of receipt of the complaint. The seller's response to the consumer's complaint must contain a decision on whether to accept the complaint, a statement on the consumer's request and a specific proposal and deadline for resolving the complaint. The deadline cannot be longer than 15 days, ie 30 days for technical goods and furniture, from the day of submitting the complaint.
The seller is obliged to act in accordance with the decision, proposal and deadline for resolving the complaint, if he has obtained the prior consent of the consumer.
If the seller for objective reasons is not able to satisfy the consumer's request within the agreed time, he is obliged to inform the consumer about the extension of the deadline for resolving the complaint and state the deadline within which he will resolve it, as well as to obtain his consent. records in the records of received complaints. Extension of the deadline for resolving complaints is possible only once.
The inability of the consumer to deliver the packaging of the goods to the seller cannot be a condition for resolving the complaint or a reason for refusing to eliminate the non-compliance.
The guarantee provided for in Article 56 of the Law stipulates that the trader and the producer may guarantee their goods or services with a special statement which represents an additional, voluntary step of the trader, which can promise the consumer special benefits, but only more than the legal provisions.
In particular, Article 57 of the Law provides for the prohibition of misuse of the word guarantee and misdemeanor sanction, which means that the guarantee cannot influence, change or present as a special benefit the rights that the consumer has based on the conformity of the goods. So, the guarantee is not an obligatory element, but if the trader brings it out, he will be responsible for what is stated in the statement.
Pursuant to Article 58 of the Law, the consumer has the right to file a complaint to the trader in order to exercise his rights under Art. 54 and 56 of the Act. The consumer lodges a complaint with the trader if there is a non-conformity of the goods in the contract, but also if there is an additional contractual guarantee. In either of these two cases, the trader is obliged to respond to the consumer without delay, and no later than within 8 days of receiving the complaint. In the case of conformity of the goods (legal guarantee), the trader is obliged to respond to the consumer within 8 days with a statement of the submitted request and a proposed solution. In accordance with the contractual and additional nature of the guarantee provided by law, the guarantor may be both a trader and a manufacturer. The consumer, regardless of who is the guarantor, submits a complaint from Article 58 of the Law to the trader. In the event that the guarantor is a manufacturer, the trader is obliged to forward the consumer's report to the guarantor and to inform the consumer in response that the guarantor will resolve the complaint in accordance with the warranty statement. The law applies to all products, regardless of how they are delivered or how they appear to be available to consumers (with or without a fee, including distance selling and e-commerce).