Tuesday May 24, 2022

Complaints new: Defective goods will not be replaced automatically

It is not clear whether the new ceasefire will really apply from January 2014, or politicians will postpone its activities. It pays to prepare for changes at te. Today, ask how the new rules for complaints will be.

Just like with a dexterity, the situation is complicated with an advertisement. Both are closely related. So how long will we be able to claim the product and the service?

“If we accepted the interpretation of the new Civil Code (NOZ) with regard to the two-year maturity (more here), we would probably have to conclude that there is no time limit, in which the buyer is obliged to complain about the lawsuit,” said lawyer Tom Pelikn. The offices of Pelikn, Krofta, Kohoutek and the remembrance, especially the civil law, clearly state that first of all liability for defects must be applied in the event of failure to do so, if this does not happen, they will expire. Zrun time is set at 24 msc.

NOZ does not contain a similar right of time for making a complaint. The speculation, as it will be, is the latest formulation, which first buys from a faulty filling. The correct deadline for claiming a defect is simply not possible. According to Tom Pelikn, there are two options to explain:

  • The first would be that the buyer must apply his first in the general limitation period, which according to NOZ is three years. If that were the case, the stamp would in fact and, according to Peliknan, be extended.
  • The second option is to relate to the general law of the advertising period, according to which the buyer would have to complain about any defect without undue delay after he discovered it, or he could find it during your inspection and get it. Taking into account the EU first (Directive 1999/44 / EC), the period of “without undue delay” would mean at least two months from the occurrence of the defect.

And the deadline will be anyway, there will be more news in the complaints. Weave how and what defective goods can be obtained.

When the defect can be removed, you will forget about the fault

The first change is unfavorable for customers. After the new (from 2014), they will not be able to request a replacement in the event of a defect. Now it is possible, in contrast to the current real change in the protection of the sellers’ holdings.

“Especially in situations where the defect is only a minor shortcoming, you will break the zipper from the pants, and replacing the goods would bring the seller a considerably high cost compared to the repair. Should such a defect recur and prevent the buyer from admitting, I will ask for more new things, ”explains the first.

Discount city for any year

On the contrary, the consumer speaks in favor of a change, namely the possibility to demand a discount on the purchase price or instead of any other claim resulting from the defective performance. This means, for example, repairing things, adding new goods, or returning pensions. How big the discount will be, then depending on the specific circumstances of the case.

This provision was intended to enable the buyer to repair the defective item and then to claim his discount. “So if you buy a bike that breaks the bell and make the bell yourself, the seller will give you an adequate discount,” explains Tom Pelikn.

The purpose of the provision is to read the number of buyers, who will not have to wait 30 days to file a complaint, and to read the costs of sellers, which arise in connection with the complaint (transport or work equipment).

“The question, of course, is how high a discount the seller will be willing to provide in practice, or he will probably turn away from the buyers in the event of a defective full way to apply the first discount instead of other claims,” ​​recalls the first.

Please note that if the repair does not seem to you and you have caused the product to go wrong, the trader could be relieved of his liability by referring to the provision that he is not responsible for the defects caused by the buyer.

Acquired by a non-owner

I gave the change to the buyer. According to the existing first law, there may be a case, once you buy something for the advertisement from a person who does not belong to this thing (for example, because it is something stolen or just acquired by the base of an invalid contract) and a contractual relationship with civil (not business) konkem. In these cases, you could not become the owner of the item.

The new buyer becomes the owner of everything. According to the new rules, it is a possibility to acquire ownership from the owner (in the words of NOZ from “unjustified”), which will eliminate the existing discrepancy between civil and commercial end.

Watch out for bazaars, it’s different there

The situation when you use or buy, for example, a second-hand car, a branch or an antiquarian, is specifically regulated according to the new rules. If the original owner proves that he lost everything or was stolen, the buyer must give it to him.

“This uncertainty of the buyer’s bag lasts only three years from the loss and theft, after which the owner can no longer demand it and, on the contrary, the buyer will gain ownership for something,” adds Tom Pelikn.

What is a song is a bottom

When you buy a property, it is good to conclude a contract to check whether the seller is listed as an owner in the real estate cadastre. A new account protects a person acting in two so-called documents in the cadastre of real estate. ” would acquire it from the owner, ”explains the first.

Back to Top