Consumer rights when complaining about defective products

In the case of purchasing a defective product, the consumer can file a complaint. In addition to issuing a complaint, the consumer is also entitled to other remedies (e.g. damages). The entrepreneur also has a number of obligations towards the consumer, both before the conclusion of the contract and after its conclusion.

Consumer rights in relation to complaints about defective products

The consumer, as a person who does not act in the course of his business, has certain specific rights. In the case of a defective product, the consumer can file a complaint and in connection with this he has the following rights arising from the defective performance: the right to exchange the item, the removal of the defect by repairing the item, a reasonable discount on the purchase price and the right to withdraw from the contract.

Obligations of the entrepreneur in relation to the consumer

The entrepreneur is obliged to inform the consumer about the conditions of the complaint, as well as about the out-of-court settlement of consumer disputes. The entrepreneur is obliged to accept and handle consumer complaints concerning defective products where the defect appeared within 2 years of taking over the goods. In principle, the seller is obliged to accept the complaint at any establishment. The employee in charge of handling complaints must be present at all times during business hours. The seller is obliged to issue the consumer with a written confirmation of the claim with the relevant particulars, to inform the consumer of the settlement of the claim and to issue the consumer with a confirmation of the date and manner of settlement of the claim. Furthermore, the entrepreneur has other obligations in relation to the consumer (e.g. to compensate for the damage caused).

Remedies

The consumer has various means of redress. In addition to a complaint or claim for damages, the consumer may file a complaint with the supervisory authority, and if the entrepreneur's actions in connection with defective products fulfil the essence of the offense, the entrepreneur will be fined. Furthermore, the consumer has the opportunity to turn to the subject of out-of-court dispute resolution if he fails to resolve the dispute directly with the entrepreneur.

You can find more information in the Consumer Guide prepared by the Czech Trade Inspection Authority.

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