Defect claims and liability for defects in goods
Short answer
The seller is liable for any defect the item had at the time of delivery and which appears within two years. The buyer must notify the defect within two months of discovering it. The buyer first has the right to repair or replacement, at their own choice, and only once that fails to a price reduction or withdrawal from the contract. A defect must be removed within 30 days. After the first repair the liability period is extended by 12 months.
9 statutory citations below · law as at
The word guarantee is no longer used in the Civil Code as the name of this institute. It speaks of liability for defects and of notifying a defect. The change is not merely verbal: the two-year period is not a period during which the item must last, but a period during which a defect the item already had at delivery may appear.
The difference matters in disputes. If a defect appears within two years, it is presumed to have been there from the start, and it is for the seller to prove otherwise.
The two periods that are confused most often
Two years from delivery is the period within which the defect must appear. For a second-hand item the parties may agree a shorter period, but not shorter than one year.
Two months from discovering the defect is the period within which the buyer must notify it. Missing that period extinguishes the rights arising from liability for defects, even where the two-year period is still running.
Once a defect has first been removed by repair, the liability period is extended by 12 months. It is extended only once, regardless of the number of repairs. This is a newer rule that is missing from most older complaints procedures.
What the buyer may demand
First of all removal of the defect, choosing for themselves between repair and replacement. The buyer does not have that choice only where the chosen method is impossible or would cause the seller disproportionate costs compared with the other method.
A price reduction or withdrawal from the contract may be demanded where the seller neither repaired nor replaced the item, refused the repair, the defect recurred despite the repair, or the defect is so serious that it justifies immediate withdrawal.
Withdrawal is not possible where the defect is negligible or where the buyer contributed to it. It is for the seller to prove that.
Time limits for the seller
Confirmation that a defect has been notified is issued without undue delay and must state the period for removing the defect. That period may not exceed 30 days unless a longer period is justified by an objective obstacle beyond the seller's control. It is for the seller to prove that such an obstacle exists.
Both repair and replacement are free of charge and at the seller's cost, including taking over the item and returning it.
On withdrawal from the contract the seller refunds the price within 14 days of the item being returned or of proof that it has been sent, whichever comes first, using the same means of payment the buyer used.
If the seller rejects the claim
The reasons for the rejection must be given in writing.
If the buyer proves by an expert report or by a professional statement from an accredited person that the seller is liable for the defect, the buyer may notify the defect again and the seller may no longer refuse it. The two-month period does not apply to a repeated notification.
What the statute says word for word
The wording comes from the same verified corpus of statutes the Paragrafo advisor runs on. Every link opens Slov-Lex, the official register, so you can compare it yourself.
Obchodník zodpovedá za akúkoľvek vadu, ktorú má digitálne plnenie v čase jeho dodania a ktorá sa prejaví do dvoch rokov od jeho dodania, ak ide o digitálne plnenie, ktoré sa dodáva jednorazovo alebo ako súbor jednotlivých plnení.Predávajúci zodpovedá za akúkoľvek vadu, ktorú má predaná vec v čase jej dodania a ktorá sa prejaví do dvoch rokov od dodania veci.Po prvom odstránení vady opravou veci sa doba zodpovednosti za vady veci podľa odsekov 1 až 3 predlžuje o 12 mesiacov. Doba zodpovednosti za vady veci sa predĺži len raz bez ohľadu na počet opráv veci.Ak sa vada prejaví do uplynutia doby podľa § 619 ods. 1 až 4, predpokladá sa, že ide o vadu, ktorú mala vec už v čase dodania.Kupujúci môže uplatňovať práva zo zodpovednosti za vady vrátane práva podľa odseku 2, len ak vytkol vadu do dvoch mesiacov od zistenia vady, najneskôr do uplynutia doby podľa § 619 ods. 1 až 4.Kupujúci má právo zvoliť si odstránenie vady výmenou veci alebo opravou veci.Predávajúci poskytne kupujúcemu písomné potvrdenie o vytknutí vady bezodkladne po vytknutí vady kupujúcim. Predávajúci v potvrdení o vytknutí vady uvedie lehotu, v ktorej vadu v súlade s § 507 ods. 1 odstráni.Vec nemusí byť v súlade so všeobecnými požiadavkami, ak predávajúci pri uzavretí zmluvy výslovne oboznámil kupujúceho, že určitá vlastnosť veci nezodpovedá všeobecným požiadavkám, a kupujúci s nesúladom výslovne a osobitne súhlasil.Predávajúci po odstúpení od zmluvy vráti kupujúcemu kúpnu cenu najneskôr do 14 dní odo dňa vrátenia veci predávajúcemuCommon misconceptions
A complaints procedure as a mandatory document
The duty to have a complaints procedure ceased together with Act 250/2007 Coll. What is mandatory is to provide information about liability for defects and about the procedure for notifying them; a document is only one of the possible ways of meeting that duty.
A defect must be claimed in the shop where the item was bought
A defect may be notified at any of the seller's business premises, with a person the seller notified in advance, or at a distance at the address of the seller's registered office or place of business.
Without the original packaging or receipt we will not accept the claim
The Act lays down no such condition. The buyer must prove the purchase, but a bank statement or an order confirmation e-mail is sufficient for that.
The 30 days for dealing with the claim run from delivery of the item
The period runs from the day the defect was notified, not from the day the item reaches the seller or a service centre.
The seller chooses between repair and replacement
The choice belongs to the buyer. The seller may refuse it only where the chosen method is impossible or would mean disproportionate costs compared with the other method.
Discounted goods supposedly cannot be claimed for
A discount in itself does not cancel liability for defects. An item need not meet the general requirements only where the seller expressly informed the buyer at the conclusion of the contract about a specific characteristic that does not meet them and the buyer expressly and separately agreed to it. A sentence in the terms and conditions saying that discounted goods are excluded from liability does not replace that consent.
Frequently asked questions
How long is the guarantee on goods?
The Civil Code no longer speaks of a guarantee but of liability for defects. The seller is liable for a defect the item had at delivery and which appears within two years. For a second-hand item the parties may agree a shorter period, but at least one year.
What if the defect appears only in the second year?
The right remains. If the defect appears within the two-year period, it is presumed that the item already had it at delivery, and it is for the seller to prove otherwise.
Does this apply to goods bought at a discount or second-hand as well?
Yes. A discount in itself does not exclude liability for defects. An item need not meet the general requirements only where the seller expressly informed the buyer at the conclusion of the contract about a specific characteristic that does not meet them and the buyer expressly and separately agreed to it. For a second-hand item a shorter liability period may also be agreed, but not shorter than one year, and ordinary wear and tear corresponding to the extent of previous use does not count as a defect.
What if the seller misses the 30 days?
The buyer may demand a reasonable price reduction or withdraw from the contract, because the defect was not removed. A longer period is permissible only where there is an objective obstacle, which the seller must prove.
Does the same apply to digital content?
Digital content and digital services have their own regime in the Civil Code. Where an item with digital elements has its content supplied continuously, the seller is liable for the whole agreed period, and for at least two years from delivery.
Documents this affects
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