„A customer is complaining about defective goods“
A customer is complaining about defective goods, what to do
Short answer
As soon as the defect is notified you must give the customer written confirmation and state in it the period within which you will remedy the defect. For the first two years from delivery there is a statutory presumption that the defect was already there on delivery, so the burden of proof is on you, not on the customer. Do not reject a complaint before you know how you would prove the opposite.
law as at
With complaints the mistake is most often made in the first hour, not in assessing the defect. The confirmation of notification is not issued, the period is not stated, and the dispute is then not about the goods but about the procedure.
The second common mistake is the opposite: the seller rejects the complaint on the ground that the customer caused the defect, but has no way of proving it. For the first two years the law presumes the opposite.
What to do today
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Issue written confirmation that the defect was notified
Without delay after the customer notified the defect. State in the confirmation the period within which you will remedy it. This is not a formality: it is the only record of when the complaint started and what you promised.
Establish the date of delivery and what follows from it for the burden of proof
If the defect appeared within two years of delivery, the law presumes the goods already had it on delivery. That means proving the opposite is up to you, not the customer.
Document the condition of the goods when taken in for the complaint
Photographs, a description of the damage, the serial number, accessories. This is done on receipt, not after the assessment; later there is no way to document the condition in which the goods arrived.
Check what the customer is asking for and whether it matches their rights
Repair, replacement, a discount and withdrawal are not freely interchangeable and the order in which they can be claimed is set by law. Find out exactly what the customer is asking for before you reply.
What not to do
The mistakes made most often in these situations, and the hardest to undo.
Do not reject a complaint without an expert basis
For the first two years the presumption is in the customer's favour. A rejection without an assessment that rebuts it is a rejection with nothing behind it.
Do not make the complaint conditional on the original packaging or on a receipt as the only option
A purchase can be proved in other ways, for example by a bank statement or by an order confirmation email. A condition the law does not recognise is risky in itself in a consumer relationship.
Do not send the customer straight to the manufacturer
It is the seller who is liable to the buyer for defects. Redirecting to the manufacturer does not solve the matter and extends the period that is running against you.
Do not write a period into the confirmation that you will not meet
The period you state binds you. State a realistic one, not the one that sounds accommodating.
What evidence to secure
What to keep today, while it is still available.
- the confirmation of notification of the defect that you issued, with the date and the period stated in it
- proof of delivery of the goods to the customer and its date
- photographs and a description of the condition of the goods when taken in for the complaint
- an expert assessment of the defect, if you are rejecting the complaint
- correspondence with the customer, in particular exactly what they asked for
Which time limit is running
Every time limit names the provision it follows from, so that it can be checked. Where the length depends on a condition, the condition is stated, not a finished result.
Period of liability for defects
two years from delivery of the goods, from delivery of the goods to the buyer
This is the period within which the defect has to appear. For goods with digital elements and in certain other cases the law sets a different period.
§ 619 ods. 1 of the Civil Code
Presumption that the defect was already there on delivery
for the duration of the period of liability for defects, from delivery of the goods
Does not apply if the opposite is proved or if the presumption is incompatible with the nature of the goods or of the defect. Proving that is up to the seller.
§ 620 ods. 1 of the Civil Code
Confirmation of notification of the defect
without delay, from notification of the defect by the buyer
§ 622 ods. 3 of the Civil Code
What your options are
Ordered from the cheapest to the harshest. Each one says what it actually costs.
- 01
Accept it and remedy the defect
The fastest route where the defect is obvious or where assessing it costs more than the repair.
What it costs: the cost of repair or replacement
- 02
Have the goods assessed by an expert
Worth it when you have reason to think the customer caused the defect and the value of the goods justifies it.
What it costs: the price of the report, usually tens to hundreds of euros
- 03
Agree a discount
For defects that do not prevent use, a discount is usually cheaper and faster than a repair and than a dispute.
What it costs: part of the purchase price
- 04
Reject it and carry the risk of a dispute
Only an option with material that rebuts the statutory presumption. Without it, this is the most expensive of the options.
What it costs: the risk of proceedings before a supervisory authority or a court
What the law says
The verbatim wording from the official register. Every excerpt is machine-compared against the wording in our database, so it cannot drift apart from what the law says.
Predávajúci zodpovedá za akúkoľvek vadu, ktorú má predaná vec v čase jej dodania a ktorá sa prejaví do dvoch rokov od dodania 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. To neplatí, ak sa preukáže opak alebo ak je tento predpoklad nezlučiteľný s povahou veci alebo vady.Predávajúci poskytne kupujúcemu písomné potvrdenie o vytknutí vady bezodkladne po vytknutí vady kupujúcim.Frequently asked questions
Do I have to issue confirmation even for a complaint made by email?
Yes. § 622 ods. 3 of the Civil Code does not distinguish how the defect is notified. The confirmation is issued without delay after notification, including where the customer notified the defect remotely.
Who proves whether the customer caused the defect?
If the defect appeared within the period under § 619, the law presumes under § 620 ods. 1 that the goods already had it on delivery. Proving the opposite is up to the seller.
Do I need a separate complaints procedure document?
The law no longer imposes a separate document under that name as an obligation; that duty ended with the repeal of the older consumer protection act. What remains mandatory is the information about liability for defects and about how to make a complaint, which is usually part of the terms and conditions.