LIABILITY FOR DEFECTS AND WARRANTY ACCORDING TO CONSUMER LAW

#66Liability for defects and warranty according to consumer law

The amendment in to the Act No. 40/1964 Coll. Civil Code as amended preserves the division into a general regulation of liability for defects and special treatment. The special regulation of liability for defects in the consumer purchase contract also regulates liability for defects in a consumer contract with digital fulfillment. Digital performance is performance that which, due to its nature, is subject to the regime of modification of the consumer purchase contract and not a new one of the consumer contract with digital fulfillment in the event that this digital fulfillment is not possible from the point of view separate so that it does not lose its purpose.

Pointing out the defect 

In the consumer contract regime, it is first necessary to point out the defects and then notify the Merchant. It will be sufficient to point out the defect within 2 months before the end of the 2-year period from delivery, which is possible in the case of shortening the term of the used item to 1 year if the consumer agrees. Such excision of the defect can also be done electronically. The following applies to the consumer contract, as well as to the consumer contract with digital fulfillment: 

1. The merchant will not be responsible for such defects in digital fulfillment that were caused by that the consumer has not installed the relevant application, even if the trader has warned him about it;
2. On the other hand, the merchant will be responsible for such defects that are caused by incorrect use assembly, installation or integration, if they were to be carried out by the trader or the merchant did not provide instructions to the consumer on how to perform them;
3. The item will have to meet the agreed requirements as well as general requirements, such as functionality, safety durability.....

Burden of proof 

In the case of a defect that appeared within 2 years of the delivery of the item, in the case of digital fulfillment within 1 year from the delivery of an item that already existed at the time of the delivery of the item or digital performance, the burden of proof burdens the merchant who must prove the contrary. 

Remedies for liability for defects 

If the purchase price has not yet been paid, the consumer has the right to pay it only when the merchant removes defects. If the item or digital performance is defective, the consumer has 2 categories of remedies to be exercised in the following order: 

1. May request repair or replacement of a defective item. Deciding whether to request a replacement or rectifying the matter is up to the consumer. In the past, such a decision was on to the merchant.
2. They can demand withdrawal from the contract, especially in cases where there are defects non-removable, they would take a long time to remove, they are exceptionally serious or merchant is not interested in removing them.. The second option is to request a discount on the defective item, but only for time when the performance was defective and in cases as stated in the withdrawal from the contract. Voluntary guarantee provided by the trader.

Remedies for liability for defects

In addition to legal liability for defects, the trader can provide a voluntary guarantee. A voluntary warranty is that it can also cover defects, beyond the scope of the law and can last longer than the 2-year statutory warranty. 

Where the consumer can seek protection of their violated rights 

1. The consumer can use the Alternative Consumer Dispute Resolution. Proposal to start of such proceedings is submitted by filling in the form, while each subject has an alternative resolution of consumer disputes listed on the website. These subjects are Slovak trade inspection, Office for the Regulation of Electronic Communications and Postal Services and Office for the Regulation of Network Industries according to the nature of the violated right. 
2. The consumer can demand the protection of their rights in the general courts.