Contract law

I bought the goods from the e-shop. However, when used at home, it turned out that it did not suit me. Can I return the purchased goods to the e-shop?

Yes it's possible. According to the Law of Obligations Act, the customer has the right to withdraw from the contract concluded by means of communication within 14 days from the time when the product reached him. However, the trader has an obligation to take back the goods. However, it should be borne in mind that in order to exercise this right, the goods ordered from the consumer's e-shop may not be used in any other way than necessary to test the nature, characteristics and function of the goods in the same way . However, if the product has been used in such a way that the product has been damaged, the e-shop has the right to reduce the refundable fee according to the decrease in the value of the goods.

I bought a vacuum cleaner, unfortunately there was a manufacturing defect. I contacted a dealer who accepted the device for repair and promised to return it repaired in two weeks. Unfortunately, even after the third week, the trader had not received a message and I contacted the trader myself. It turned out that the store had forgotten to order the necessary spare part on time. What are my rights?

From time to time it happens that the purchased thing needs repair. However, an additional problem may arise if the seller spends too much time repairing the item. The law does not specify the reasonable time required for repair. The Consumer Protection and Technical Surveillance Authority (CSA) is of the opinion that, as a general rule, repairs should not take more than a few weeks; as an exception, for technically more complex products, not more than 3-4 weeks. However, the trader must not cause the consumer undue inconvenience, such as running away from the consumer. In this case, however, the workshop should have informed you in advance that the repair would be delayed. In such a situation, the consumer has the right to demand a refund from the seller due to a material breach of contract.

How is the trader protected against a dishonest buyer who could make unfounded claims against the store, for example? For example, you buy an apple from our e-shop today, but announce in two months that it had rotted at the time of purchase. How to protect yourself, because there is no way to prove such a thing?

The right of withdrawal is regulated in the Law of Obligations Act, but the 14-day right of withdrawal does not apply, inter alia, to the transfer of a thing that deteriorates or expires rapidly. It must also be borne in mind that, in the case of consumer sales, the consumer must notify the seller of the lack of conformity within two months of becoming aware of the lack of conformity. The commentator of the law argues that the obligation applies universally to all sales contracts, regardless of who the buyer is, but the consumer has a longer notice period. The moment of the consumer's obligation to notify of the defect is very important - the obligation to notify from the moment when he or she actually discovered the defect (§ 220 (1) of the Law of Obligations Act). If the non-conformity of the sold thing with the terms of the contract is such that the buyer should have discovered the defect during the post-delivery inspection, the mere fact that the buyer does not report the defect within a reasonable time after receipt of the sold item. In other words, in the case of a rotten apple, the defect is obvious immediately and the seller must be notified immediately if such an apple is received. It is not possible to wait two months, because there are problems with proof, because the apple no longer exists in its original form by that time. A separate issue is the seller's liability, for example, if a rotten apple caused the buyer a later health damage.

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