We each buy a whole variety of goods everyday – clothing, footwear, household appliances, furniture, cars... There are cases where a defect appears for the product you just purchased or the service you have received - it does not work, it has a seam that is crooked, or it is incomplete.
The first thing to be followed when purchasing a goods or service always keeps a business proof document!
If, however, the purchase of the goods or the service received is “not in conformity with the terms of the contract”, the regulatory enactments shall specify a process for dealing with such situations.
Consumer rights issues are regulated by the Consumer Rights Protection Act. Amendments to the Consumer Rights Protection Law entered into force on 15 March 2022.
The Consumer Rights Protection Act provides a new definition of the terms of the contract for conformity of goods. When assessing the conformity of the goods with the terms of the contract, account must be taken of both the contractual provisions and what the consumer can reasonably expect from the goods.
It should be noted that the new definition of the product's eligibility contract will apply to purchases made from 15 March 2022. On the other hand, purchases made before 14 March 2022 are covered by the previous version of the Consumer Rights Protection Act.
Goods -movable tangible matter, including those manufactured as a result of the service, such as furniture, clothing manufactured on order.
A product with digital elements, an item that cannot function without a digital content or digital service and is sold with digital software or support for digital services installed in it.
The consumer has the right to purchase goods in conformity with the terms of the contract! The seller and the service provider shall be responsible for any non-compliance existing on the date of purchase of the product.
Take note! If the non-conformity of the goods has been discovered within a year of the supply of the goods, the burden of proof that the goods comply with the terms of the contract has been imposed on the seller of the goods or the service provider.
Information collected here:
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What should be the appropriate goods and services?
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At what time should the merchant be referred to for an inappropriate product or service?
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What can the consumer ask?
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Dispute settlement
What should be the matching goods?
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The goods must comply with the description provided to them, the type, quantity and quality indicated and the functionality, compatibility, interoperability and other characteristics, and the description and quality of the samples of the goods provided by the seller;
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The goods must be supplied with the specified accessories, instructions for use as well as the updates provided for in the contract;
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The goods must be valid for the purpose for which these types of goods are normally used, as well as for the purpose for which the goods have been chosen and informed by the consumer;
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The goods have been supplied with accessories, packaging and instructions which consumers can reasonably expect;
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Goods have characteristics and performance, including durability, functionality, compatibility and safety, normally of the same type of goods, and which consumers can reasonably expect, taking into account the nature of the product and any public statements
In the case of purchased goods with digital elements, the seller and the service provider must inform and ensure that the updates necessary to keep the goods in conformity within a specified period are delivered:
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The updates must be such as the consumer can reasonably expect, taking into account the type of goods and digital elements, the purpose for which they are intended, and the circumstances and nature of the contract, provided that the contract provides for a single supply of digital content or digital service;
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For updates in the case of a single digital content or a digital service delivery, the seller and service provider shall be responsible for their compliance within two years from the time of delivery of the product.
Observe! If you have received information about the update and the need to install it with clear installation instructions, but you will not install updates within a reasonable time, the salesperson or service provider will not be responsible for the non-compliance that has occurred!
The product is not inappropriate/poor quality if:
- at the time of purchase, the consumer is informed that the product has a defect or non-conformity with the contract. You have the same right to the match and quality of the goods when the item is sold at a discount.