You receive a new appliance, shoes, or furniture, and a problem arises upon the very first use. In such a situation, a claim for defective goods is not a request for a favor, but a way to exercise your consumer rights. The best approach is calm, in writing, and supported by documents – no on-the-spot arguments and no delays.
The practical question is usually not whether the goods are defective, but how to describe them, to whom to submit the claim, and what exactly to request. A clear complaint reduces the risk of misunderstandings and leaves a trace if a refusal occurs.
When is goods considered non-conforming
The goods must conform to what was agreed upon at the time of purchase and to the usual expectations for this type of product. They must have the normal characteristics, quality, safety, and durability that a consumer can reasonably expect. If the seller has promised a specific feature, size, material, or compatibility, that is also part of the agreement.
A non-conformity can be a visible manufacturing defect, a missing part, a malfunctioning feature, a product different from the one ordered, or damage that appears after short-term use. However, not every trace of use is grounds for a complaint. If the damage is caused by improper operation, impact, liquid ingress on a product without such protection, or failure to follow instructions, the seller may reasonably reject the claim.
The difference matters with discounted goods as well. The discount itself does not eliminate the right to a warranty claim. If a specific defect was explicitly pointed out before the purchase and you accepted the goods with it, you cannot make a claim for that particular known defect. For any other issue, your rights remain applicable.
Defective goods claim: first steps
Check the product immediately upon receipt. For online orders, take photos of the packaging, label, and contents, especially if there is shipping damage or missing items. For electronics and appliances, you can also record a short video demonstrating the problem. This is not a mandatory condition for a claim, but it often helps to clarify the facts.
Next, prepare proof of purchase. A receipt, invoice, card payment slip, online order confirmation, or any other document showing the seller, date, and product is useful. Keep the warranty card as well, if applicable. A commercial warranty is an additional promise from the manufacturer or seller and does not replace the seller's legal liability for non-conformity.
Submit the claim to the seller from whom you purchased the goods. The manufacturer, importer, or authorized service center may be involved in the repair through the seller's organization, but your contract is with the seller. When purchasing from a private individual or used goods, the terms may differ, so review the advertisement and what was agreed upon between the parties.
What should the written claim contain
A brief, specific text is more useful than an emotional description. State when and where the item was purchased, its model or article number, when the problem was discovered, and how exactly it manifests. Also describe what outcome you desire.
For example: „On March 12, I purchased [product]. On March 18, during normal use, [specific defect] was discovered. I request that the goods be brought into conformity through repair or replacement.“ If you prefer replacement, state it. If the defect is substantial or a previous repair did not resolve the issue, you may request a price reduction or contract termination if legally permissible.
Request a document for the acceptance of the claim. It should include the date, the item, a description of the defect, and your requested resolution. If you are handing in a product for repair, check if the acceptance report describes the actual external condition and all accessories handed in. Do not sign a document stating that the defect was caused by you if it has not been established and you do not agree with it.
When a merchant accepts claims electronically, send the message in a way that keeps a copy, date, and proof of sending. If they refuse to accept the claim on-site, request the refusal in writing. If this does not happen, record the date, subject, employee name if known, and keep the correspondence.
What are the deadlines and possible solutions
When selling goods to consumers, the seller is liable for any non-conformity that appears within two years of delivery. For used goods, a shorter period may be agreed upon, but not less than one year. The exact procedure depends on the type of purchase and whether the seller is a merchant, so transaction documents are essential.
When a defect appears within the first year after delivery, it is generally presumed that the non-conformity existed at the time of delivery, unless the seller proves otherwise or this is incompatible with the nature of the goods and the defect. After this period, proving it can be more complex. This is precisely why photographs, reports, and timely written communication have practical value.
Typically, the first options are repair or replacement. These should be carried out free of charge for the consumer, within a reasonable timeframe, and without significant inconvenience. Which of the two is appropriate depends on the specific product and costs. For a defective zipper on a jacket, repair may be reasonable. For a new phone with a recurring factory defect, replacement is often more appropriate.
A price reduction or termination of the contract does not automatically apply to every defect. They may be grounds when the seller has not remedied the problem, has refused to do so, the defect is sufficiently serious, or it is clear from the circumstances that compliance will not occur within a reasonable time. In the case of a minor non-conformity, termination of the contract is usually not applicable.
Do not confuse a warranty claim with the right to withdraw from an online purchase. For distance purchases, consumers generally have 14 days to withdraw without stating a reason, but this right has exceptions. A warranty claim is different—it is based on a defect or non-conformity and can be made even after the 14 days have expired, within the applicable legal period.
How to act in case of refusal or delay
The refusal „the goods have been used“ is not sufficient on its own. Ask for specific reasons: what is the finding, what data is it based on, and why is it assumed that the problem was caused by the consumer. If there is a service report, ask for a copy or at least written information about the conclusion.
Respond in writing and on the merits. State the claim number, dispute the specific reason for refusal, and reiterate your request. Attach photos, videos, previous correspondence, and the payment document. When the dispute is for a technical reason, independent expertise may carry weight, but before incurring the expense, assess the value of the goods and the possibility of a voluntary settlement.
If the trader does not accept the complaint, does not respond, or does not fulfill their obligations, you can file a report with the Commission for Consumer Protection. The report should contain the facts in chronological order and copies of the documents. The institution does not replace the court in every dispute over money or technical defects, but it can check for violations of consumer legislation and take action within its powers.
For more expensive goods, a definitive refusal or a significant dispute, it is reasonable to seek individual legal advice. General information cannot replace judgment on a specific contract, evidence, and a technical opinion.
The strongest complaint is not the longest. It states the facts, keeps documents, and asks for a clear resolution. Act on time, hand over the goods with a protocol, and leave all important communication in writing.
