Translated by machine translator

The word “guarantee” is different from the interpretation of the word provided by the law, and therefore often the consumer does not even seek to make full use of his rights.

The law states that, at the same time as you purchase a goods or service, you are entitled to present to the seller claims regarding non-compliance with the terms of the contract within two years from the date of the purchase. . Might say you get the legal garner U. You obtain this right even if the seller does not inform you about it or indicates that you have such a right for a period of less than two years.

For example, if you ask: How long is the warranty time for footwear? - you'll get an answer: one month, then such an answer does not exclude your right to claim claims within two years. All you need to do is keep a business-proof document, a purchase (cash) check, a strict accounting receipt or a bank payment order.

It should be noted that amendments to the Consumer Rights Protection Act, which enters into force on 15 March 2022, replace the term “guarantee” by the term “ commercial guarantee ”. By nature, changing the concept does not alter the meaning and content of commercial spirit. . What is new is that amendments to commercial spirit may not only include the promise of a free manufacturer or seller to provide the consumer with remedies, but also the agreement on other activities, including those to be carried out by par maks U.

Commercial warfare must be in writing and be freely available prior to the purchase of the goods or the receipt of the service and must clearly indicate the conditions for applying for a commercial guarantee, as well as the term of the guarantee, the period covered by the guarantee, the name of the guarantor (firm), the name, address and the names of the goods must also be indicated in the Guarantee. that the consumer has rights according to regulatory enactments and that the guarantee does not affect those rights. If the guarantee does not comply with these requirements, it does not affect the validity of the guarantee and the consumer is entitled to require that the guarantee be fulfilled.

Interested in the commercial guarantees offered by the manufacturer, seller or service provider should be interested in prior to the purchase of the product or the receipt of the service.

Remember! Commercial guarantee shall have additional commitments made by its employer. . The law gives consumers the right to claim claims for poor quality goods/services within a specified time after the purchase of the goods/service.

It is also important to know that commercial guarantee cannot be claimed – it is a voluntary commitment by the seller, i service provider or manufacturer, and therefore the same item may have different commercial conditions in different shops.

You have the right to request that the seller or service provider give an opportunity to familiarise yourself with the commercial guarantee document of the goods or service prior to the purchase of the goods or the receipt of the service.

Remember! Commercial warfare is given only in writing and it is a statement from the manufacturer, seller or service provider that the goods or service or component thereof will retain the properties, safety and performance of the use for a certain period of time, and that the manufacturer, seller or service provider undertakes additional obligations which are not provided for in the Consumer Rights Protection Law and other regulatory enactments.

Close your attention! The amendment of 15 March 2022 introduces a new concept of durability. . If the manufacturer has given the goods a commercial guarantee in relation to durability within a specified period, the manufacturer has a duty to ensure the consumer the elimination of the non-conformity of the goods or the exchange of the goods in accordance with Section 28 of this Law throughout this period. The manufacturer may offer the consumer more favourable conditions.

The commercial guarantee shall be binding on its employer not only in accordance with the conditions laid down in the commercial guarantee document but also on the information provided in the relevant advertisement. . Where commercial long-term conditions are less favourable to the consumer than those indicated in the related advertising, the commercial guarantee shall be binding under the conditions specified in the advertising, except where the advertising related to the conclusion of the contract has been corrected by advertising of the same type or equivalent.

As can be seen, according to the definition of commercial spirit, there will be no commercial guarantee which gives the consumer less rights than required by law. Such practices in footwear sales are very common - commercial garlands are being handed out in a huge favour, indicating only the deadline, monthly, two months. It's consumer deception. . In accordance with the Consumer Rights Protection Law, such practices are prohibited - the undertaking is not a commercial guarantee, as the consumer may apply for a claim within a period of two years.

It is in your interest to find out:

• whether a commercial guarantee is given at all;
• whether the commercial guarantee is free of charge or should be purchased for a fee;
• who will be the employer of the commercial guarantee;
• what will be the term and extent of the commercial guarantee;
• what commercial spirit conditions will be.

Remember! A written or oral statement by the manufacturer, seller or service provider that the commercial guarantee for the product or service you choose is two years old does not constitute a commercial guarantee under the Consumer Rights Protection Law, as you already have the right to apply for a claim for a product or service deficiencies within two years from the date of purchase of the product or receipt of the service - a legal guarantee


Commercial guarantee is only binding on its employer!