Product complaint template
A complaint about a defective product to the seller: repair, replacement, price reduction or withdrawal, under the Slovak Civil Code
This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.
Law in force as at
Reklamácia
- Kupujúci
- Predávajúci
- Vec a vada
- Čo kupujúci požaduje
The seller is liable to a consumer for any defect the item has at delivery that appears within two years of delivery. If a defect appears in that period, it is presumed to have existed at delivery unless the contrary is proven.
The defect must be notified within two months of its discovery and no later than the end of the two-year period. It can be notified at any of the seller's premises or at the address the seller gave for this purpose, including remotely.
The buyer first chooses repair or replacement, which the seller carries out free of charge, as a rule within 30 days of the notification. A price reduction or withdrawal can be requested when the seller did not remedy the defect, refused to, when the defect recurred or when it is serious.
Who needs this document
- Someone whose washing machine, phone or other item bought in a shop or online has broken down
- A buyer whose defect the seller did not repair and who wants a reduction or a refund
- A buyer whose item has the same defect after repair
What the document must contain
- Identification of the buyer and the seller
- What item was bought and when, ideally with the receipt number
- A description of the defect and the date it was discovered
- What the buyer requests: repair, replacement, reduction or withdrawal
- For a reduction or withdrawal, the ground on which the law allows it
Legal basis
Občiansky zákonník (Civil Code)
Governs the consumer sale contract, the seller's liability for defects, notification of defects, repair and replacement, price reduction, withdrawal and the commercial guarantee.
Most common mistakes
Notifying more than two months after discovery
The buyer may exercise rights for defects only if they notified the defect within two months of discovering it and no later than the end of the two-year period. So complain as soon as you discover the defect.
Asking for money straight away
The law allows a reduction or withdrawal only when the seller did not remedy the defect, refused to, when the item has the same defect despite repair or replacement, when the defect is so serious that it justifies an immediate reduction or withdrawal, or when it is clear the seller will not remedy it in time.
Withdrawing for a minor defect
Withdrawal is not possible if the defect is minor or if the buyer contributed to it. The burden of proof lies with the seller.
No confirmation of the complaint
The seller must promptly give the buyer a written confirmation of the notified defect with the time limit for remedying it. If the seller rejects liability, the reasons must be given in writing.
Wear of a used item
For a used item, what arose from use and normal wear that can be expected given its previous use is not a defect. For a used item the parties may also agree on a shorter liability period, but not less than one year.
Frequently asked questions
How long does the seller have to deal with a complaint?
Repair or replacement must be carried out within a reasonable time not exceeding 30 days from the notification, unless a longer period is justified by an objective reason beyond the seller's control.
Can I choose between repair and replacement?
Yes, the choice is the buyer's. The buyer cannot, however, choose a method that is impossible or that would cause the seller disproportionate costs compared with the other method.
Is the liability period extended after a repair?
Yes, after the first repair the liability period is extended by 12 months, only once regardless of the number of repairs.
When will the seller refund me after withdrawal?
No later than 14 days from the return of the item or from proof that you sent it, whichever is earlier, in the same way you paid unless you expressly agree to another.
Is a manufacturer's guarantee the same as a complaint?
No. A commercial guarantee is a voluntary commitment of the manufacturer or seller beyond the statutory liability for defects. The buyer keeps the rights for defects against the seller in any case.
Does this template apply to a purchase from a private person?
No. These rights belong to a consumer against a business. A purchase from a private person is governed by the general rules of the purchase agreement; see the purchase agreement template.
Product complaint for your business
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