Faulty (defective) product

Consumers supplied with a faulty product can exercise their rights in complaint procedure. They need to prove that they bought the product from the seller where they are making a complaint, and must be able to show when they bought the product.

Practical advice

The law does not stipulate which document proves that a product has genuinely been purchased from a seller. It is best to submit the original receipt or a guarantee certificate. In some cases, the seller may accept, for example, a statement of account showing the purchase.

Likewise, there is no legal requirement for a product you wish to complain about to be in its original packaging. In other words, the seller cannot reject a complaint simply because the consumer no longer has the product’s original packaging.

Before making a complaint, consumers should check whether the product is still under guarantee and whether they can prove when they bought it. This is the first thing that any seller will examine.

Be wary of extended warranties (e.g. for electronics and cars). The conditions under which a longer guarantee is provided may differ from those applicable to the statutory two-year guarantee, and this commercial guarantee may apply only to a specific part of the product. All necessary information about a commercial guarantee should be set out in the corresponding guarantee certificate.

Complaint procedure

1. Detection of a fault (defect)
2. Check whether the product is still under guarantee, e.g. by referring to the receipt or guarantee certificate
3. Make a complaint:

• by the end of the guarantee period;
• prepare: the product and receipt or other proof of purchase;
• at the seller where the product was purchased (in any of the seller’s establishments able to accept complaints), or at an entity designated to carry out repairs under guarantee (as specified in the guarantee certificate);
• describe the product fault (defect).

Practical advice

There is no cost to the consumer for making a complaint. In addition, if their complaint is justified, consumers may seek the reimbursement of costs from the seller that they have necessarily incurred in the exercise of their rights deriving from the seller’s liability for defects.

4. The seller’s obligations after a complaint has been made:

• advise the consumer of his or her rights;
• issue confirmation of the complaint;
• determine how to handle the complaint (immediately after the complaint is made, within three working days if the case is more complicated, or within 30 days of the complaint if a complex technical assessment of the product condition is required);
• deal with the complaint – within 30 days of the complaint or taking over the subject of the complaint;
• issue a written report on how the complaint has been handled;
• keep records of complaints.

Practical advice

If a product complaint is made within 12 months of the purchase of the product, the seller cannot reject the complaint without an expert assessment (a written expert opinion, an opinion issued by an authorised, notified or accredited entity, or an opinion of a person authorised by the manufacturer to perform guarantee repairs). A copy of that assessment must also be provided to the consumer within 14 days of the processing of the complaint. In this situation, the costs of the expert assessment are always borne by the seller.

If a product complaint is made more than 12 months after the purchase, the seller may reject it without an expert assessment, but is obliged to inform consumers that they may send the product for expert assessment themselves. If consumers choose to have the expert assessment conducted by an entity authorised by the manufacturer to carry out guarantee repairs, the costs of the expert assessment are borne by the seller, regardless of the conclusion. If consumers choose another person (e.g. a registered expert), they can pass on the costs to the seller only if the expert assessment proves the seller’s liability. If an expert assessment proves the seller’s liability for a product fault (defect), consumers may make another complaint and this time the seller cannot reject it.

Who to contact

Consumers who are not satisfied with how their complaint has been handled can seek the settlement of their dispute with the seller either out of court or in court:

Alternative consumer dispute resolution

Consumers who oppose the way their complaint has been handled may contact the seller and request redress. If the seller refuses to countenance this request, or fails to reply within 30 days of the date on which the request is sent, the consumer may apply for the initiation of procedure for alternative consumer dispute resolution. 

Alternative dispute resolution enables disputes to be settled amicably, quickly, efficiently and free of charge or at minimal cost.  The agreement between the consumer and the seller forms a binding legal basis. Unlike other out-of-court forms, the seller is obliged to cooperate with the entity overseeing the alternative consumer dispute resolution procedure. A list of ADR entities and more information can be found on the website of the Ministry of Economy (only in Slovak). 

Consumer associations

These are legal entities established to protect consumers. According to the Consumer Protection Act, they may represent consumers (under a power of attorney) in proceedings before state authorities that are held in order to exercise consumer rights, including compensation for damage caused by infringements of such rights. If the consumer and the seller agree, these associations are entitled to mediate a settlement to disputes arising in the handling of complaints. They also provide consulting and information services. Some, acting under a power of attorney, represent consumers in out-of-court or even judicial proceedings. They tend to be non-governmental organisations. 

European Consumer Centre (ECC)

You may get in touch with the ECC if, as a consumer, you encounter problems with a seller from another EU Member State, Norway, Iceland or the UK. The ECC provides free advice and information on consumer rights and how to exercise them. The ECC does not deal with exclusively national disputes or problems concerning the purchase of goods and services from third countries beyond the EU. More information on the ECC.

Mediation

Mediation is an out-of-court procedure involving the use of a mediator to resolve a dispute that has arisen from a contractual or other legal relationship. Mediation requires the consent of both parties. It is a process in which they try to reach an agreement with the help of a third party. Further information and a list of mediators can be on the website of the Ministry of Justice of the Slovak republic (only in Slovak). 

Consumer arbitration court

Consumers can turn to a consumer arbitration court if they have entered into an arbitration agreement with the seller (this agreement must be in writing and, in its content, must be separate from the consumer contract). This is an agreement that any dispute arising from the consumer contract will be resolved by the permanent arbitration court specified in the arbitration agreement. A list of arbitration courts is available on the website of the Ministry of Justice (only in Slovak). 

An arbitration agreement does not prejudice the right to bring an action before a court of law with due jurisdiction.

Courts of law

Anyone is entitled to seek the protection of their rights before a court. In disputes arising from consumer contracts, consumers are considered the ‘weaker party’ in the proceedings. This status gives them a number of advantages in terms of their procedural rights in court proceedings. In addition, consumers seeking the protection of their rights are exempt from court fees. Consumers who successfully assert to a court that a right or obligation laid down by the Consumer Protection Act or special regulations has been infringed are entitled to reasonable financial redress from the party liable for the infringement of the right or obligation. However, consumers who lose their case may have to bear the legal costs.

FAQs

1. What products may be the subject of a complaint?

Consumers may complain about a purchase that is faulty (defective), i.e. a product that does not have the required or usual properties, quality, dimensions, weight, or quantity, and/or does not comply with legal regulations or technical standards. However, if a discount has been provided on a product precisely because of a fault (defect), the consumer cannot then complain about that fault (defect). 

2. What is the time limit for making a complaint about a product?

Consumers may make a complaint about a product until the guarantee period expires. The guarantee period usually starts when the buyer takes receipt of the item. 

• The general guarantee period is 24 months (this applies to most products, regardless of whether they are purchased in a brick-and-mortar shop, online, or at a sales promotion, or whether they are made to order).
• The guarantee period for used (second-hand) items may be shortened to 12 months.
• Complaints about perishable items must be made on the day following the purchase at the latest.
• In cases where an item is repaired or modified, the guarantee period is 3 months.
• The guarantee period for buildings is 3 years, but the guarantee for construction works is 18 months.
• Where a use-by date is marked on the goods being sold, or on its packaging or in the attached instructions, the guarantee period cannot expire before that date.
• As part of a commercial guarantee, the seller may provide the consumer with a longer guarantee period than that required by law, but not a shorter one. 

3. What are consumers’ rights if a product is faulty (defective)?

If the product fault (defect) can be fixed:

• consumers are entitled to have the item repaired; instead of a repair, they may request an exchange, provided that the seller will not incur unreasonable costs as a result, bearing in mind the price of the product or the severity of the fault (defect);
• instead of fixing the fault (defect), the seller may settle the complaint by exchanging the item, provided that this will not cause serious inconvenience to the consumer.
• If the product fault (defect) cannot be fixed and prevents the proper use of the item, if the fault (defect) recurs after it has been repaired, if a large number of faults (defects) occur at once, or if the seller does not resolve the complaint within 30 days of the complaint or taking over the subject of the complaint:
• consumers have the choice of exchanging the item or having the purchase price refunded (on the grounds that they are withdrawing from the contract);
• If the product fault (defect) cannot be fixed but does not prevent the proper use of the item:
• the consumer is entitled to a reasonable discount on the price. 

The complaint process and all its rules need not apply to dangerous products. In all cases, consumers may return a dangerous product to the seller, manufacturer, importer or supplier. This party is then obliged to automatically refund the purchase price and other expediently incurred costs (if claimed) to the consumer within three working days. Consumers have a right to return a dangerous product even if the guarantee period has expired. Manufacturers or importers are obliged to take a product back even if the consumer no longer has proof of purchase.

5. What if a faulty (defective) product causes me damage?

If a product has caused you damage (e.g. an injury or property damage), you are entitled to compensation.

6. Who should I claim damages from?

You should claim damages from the seller from whom you purchased the product. If more than one entity is liable for product safety (e.g. the seller and the contractor installing the product), you can claim liability against any of them.

7. What do I need to prove a claim for damages?

If you have suffered injury or damage, in order to claim damages you must prove that:

• the damage has occurred;
• the product was faulty (defective);
• there is a causal link between the product fault (defect) and the damage. 

8. How are damages claimed?

You can claim damages either in court or out of court.

• Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on Consumer ADR);
• Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.