Disputes over Defective Goods and the Consumer’s Optional Rights
Goods may be defective if the delivered item lacks the qualities agreed in the contract, lacks the characteristics it objectively should have, does not include the features stated in advertising or promotion, or reduces or eliminates the purpose for which it is used. Incorrect or incomplete installation and failure to deliver on time may also, depending on the circumstances, be treated as non-conforming performance of the contract.
In disputes over defective goods, work is carried out on the following claims:
- Rescission of the contract and refund of the price upon return of the goods
- A reduction of the sale price in proportion to the defect, with the consumer keeping the goods
- Free repair, with the costs borne by the responsible party
- Where possible, replacement of the goods with a defect-free equivalent
- Compensation for additional losses caused by the defect
- Claims arising from exceeding the repair period or from a recurring fault
- Determining the liability of the seller, producer and importer
- Disputes arising from the warranty certificate and after-sales service obligations
The statutory presumption that defects appearing within the first six months from the delivery date already existed on the delivery date is assessed together with the nature of the goods and of the defect. Where it is alleged that the defect arose after delivery through user error, service records, technical inspection, terms of use and an expert assessment become important.
Latent Defects, Warranty and Authorized Service Disputes
Defects in goods that cannot be noticed in an ordinary inspection and that emerge during use may qualify as latent defects. Whether the defect results from production, design, software, assembly, materials or a service procedure must be determined through a technical inspection.
In this context:
- Determining the date on which the latent defect emerged and its nature
- Examining the warranty period and the scope of the warranty
- Comparing authorized service receipts with fault and repair records
- Calculating the maximum repair time and the time the product remained at the service center
- Claims of recurring faults, inability to repair and unavailability of parts
- Technical and legal objections to user-error reports
- The liability of the producer, importer, seller and service station
- Claims for free repair, replacement, price reduction and refund
are assessed.
Defective Vehicles and Durable Consumer Goods
Where a new or second-hand vehicle is purchased as a consumer transaction, matters such as the engine, transmission, electronic systems, mileage, damage history, safety equipment, paint and replaced parts may be the subject of a dispute. Whether a vehicle is subject to consumer law or to the general provisions is determined by taking into account the capacity of the seller and the purpose of the purchase.
In the case of defective vehicles and durable consumer goods:
- Reviewing the sales listing, appraisal report, service records and damage history
- Assessing concealed damage, mileage discrepancies and technical faults
- Technically determining whether the defect existed at the time of sale
- Claims for replacement, repair, price reduction or refund of the price
- The legal nature of loss of use, loss of value and other losses
- Requests for preservation of evidence, expert examination and, where necessary, an interim injunction
are worked on.
Disputes over Refurbished and Second-Hand Products
For refurbished phones, tablets, computers and other electronic products, and for second-hand goods, the previous condition of use of the product, the refurbishment process, the parts replaced, the warranty, the sales listing and the actual qualities of the product delivered must be assessed together. Describing a product as “refurbished,” “flawless,” “with original parts,” “in a certain condition” or similar expressions is important in determining the consumer’s legitimate expectation and the conformity of the product with the contract.
In this context:
- The capacity of the seller and, if any, of the authorized refurbishment center
- The refurbishment certificate, warranty certificate and product identification information
- Whether original, equivalent or replaced parts were disclosed
- Problems with the battery, screen, casing, camera, software and other hardware
- Differences between the history of the product and the sales listing
- Repair, replacement, price reduction or return under the warranty
- Whether a second-hand sale is a consumer transaction or a sale governed by the general provisions
are examined. Whether the sale was made by a business or by a person not acting for commercial or professional purposes must also be determined separately, as it affects the competent authority and the applicable provisions.
Disputes over Defective Services and Incomplete Performance
A defective service may arise where the service does not conform to the qualities set out in the contract, does not start on time, is provided incompletely, does not deliver the result promised in advertising or promotion, or reduces the benefit the consumer reasonably expected.
Because of a defective service:
- Performance of the service again
- Free repair of the work resulting from the service
- A price reduction in proportion to the defect
- Rescission of the contract and refund of the price
- Compensation for material losses arising from a defective or incomplete service
- Establishing the difference between the service provider’s commitment and actual performance
may be requested. Depending on the nature of the service, technical records, appointment and delivery documents, correspondence, advertising content, images and expert examination may be used.
Product Safety and Harm Caused by Defective Products
A product merely being non-conforming with the contract and a product being unsafe to the extent that it harms a person or other property are not the same legal issue. In addition to a claim for a refund, replacement or repair, a defective product may also give rise to bodily injury, damage to other property or product safety measures.
In this situation:
- Conformity of the product with technical regulations and safety requirements
- The liability of the producer, importer, distributor and seller
- Deficiencies in the production, design or information provided with the product
- Injury, harm to health and damage to other belongings
- Product recall, withdrawal from the market and administrative application procedures
- Preservation of evidence, safekeeping of the sample and technical inspection
- Assessing the optional rights under consumer law together with claims for compensation
are worked on. Where bodily injury or a product safety issue is alleged, consumer legislation, product safety regulations and the general provisions on liability must be examined together.
Which Right Can You Assert, and Against Whom?
The optional rights that can be exercised against the seller and the claims that can be directed at the producer and importer do not have the same scope. For claims of free repair or replacement, the responsible parties are assessed together with the conditions of impossibility and disproportion. The words “user error” in a service report do not, on their own, definitively resolve the dispute.
A warranty certificate and statutory rights are different things
The absence of a warranty certificate or a dispute over the warranty does not automatically extinguish all claims arising from the defect. On the other hand, it cannot be assumed that every repair is free of charge throughout the product’s service life. The cause of the defect, the delivery and repair dates and the statute of limitations are examined together.
Preserve the evidence before the repair
Keep the product’s serial number, the date of the fault, photographs and service receipts. Replaced parts and digital records that can be erased may affect the technical inspection. Do not continue using a product that poses a safety risk, and do not delay the necessary protective steps and documentation.