When everything goes smoothly, the complaint is a very simple matter. The customer will bring the product and the company will repair, replace and retire the pension. The most serious complications can occur in life. Attorney Pavel Nastis answered specific questions.
I bought a new character phone in a stone shop for nine thousand. But I found out that someone had used the phone. Isn’t that a scam? And complain to him?
It is a defect that can be claimed. If this defect manifested itself during the six months since the purchase, this situation can be considered a so-called conflict with the purchase agreement. In such a case, you have to first change the phone for a new one, and if such a procedure is not possible, you can request a discount or withdraw from the purchase contract (in such a case you are obliged to return the phone and the seller is obliged to return the full purchase price).
Fraud in the sense of a criminal offense would be in the event that the seller acted in the intention of the buyer of the fraud and if there was a code of at least five thousand crowns, ie the difference between the value of a new phone and the value of the used used phone would be at least five thousand crowns. .
I ordered the manufacture and installation of security entrance doors. I gave the company the dimensions when they drank the door to install, unfortunately I had to leave the apartment and so I signed a pedvac protocol. And that was probably a fundamental mistake. When I went home, I found that the doors are less than they should. The company rejected my complaint. How can I arm myself?
The company did not violate the law in this regard. On the contrary, it fulfilled its obligation to make two songs exactly according to the contractor’s order. Even if the customer was asked about the city and refused to sign the pedvac protocol, it would not change anything. The main mistake is not in signing the pre-protocol, but in that the customer made a change in the space, he should leave it to the company. If the company made an error, it would be responsible for any defect and then the customer could complain.
I bought my daughter’s shoes, only tee in them, because they became dry in the brace. The seller did not accept my complaint. I turned to the Czech Trade Inspection Authority and there they advised me, and put the shoes to be assessed by an accredited testing laboratory. Only according to the shoe photographer, the experts confirmed to me that my complaint is justified. But for sending an official protocol, I want three thousand crowns.
If the seller does not accept the complaint, the buyer can go to court or try to go once to convince the seller of the validity of the complaint, for example, by giving him an expert opinion. However, an expert opinion is paid. Of course, in the event that the complaint will be justified, the buyer first has the necessary costs in the castle, which he incurred in connection with the complaint, ie also in the castle the cost of an expert opinion.
For a long time I have been complaining about the sofa I bought. The seller and the dog urgently insist that I take the sofa to the store. I proposed to write a complaint protocol at home, I am a disabled pensioner and the store is located 16 kilometers from my house and the seat is not a box with shoes. He refused at the dealer. Isn’t that against complaints?
The seller did not make any mistakes. Of course, he didn’t stop him from going to the customer and writing the advertiser’s report to the city. However, that would be just a good thing. In this case, it is not his duty. It is really only up to the customer how the goods he complains about are transported to the seller. If the complaint is justified, the buyer has the first to reimburse the cost incurred by the complaint, ie also to reimburse the cost associated with the transport of the claimed goods.
I bought a handbag, after two weeks noen started washing. No simple party! I wanted them to give me a pension right away, but they refused.
Because the defect manifested itself during the six months since the purchase of the handbag, this condition can be considered a so-called conflict with the purchase agreement. In such a case, the buyer has the first to change the handbag or repair it, if such a procedure is not possible, the buyer can give me a discount or withdraw from the purchase contract and therefore request a refund. However, the seller has the end of the complaint for the expiration of the complaint. It is quite usual and standard that the seller sends the handbag to the manufacturer for assessment and only then the seller decides whether to accept the complaint or not. Given the nature of the defects described, really have no claim to a refund.
I bought a saw in a hypermarket that doesn’t work. They told me that they were not responsible for the product, but for the character service. And I have to undergo advertising zen. I think it’s outrageous.
The first of the liability for defects applies to the seller from whom the item was purchased. If the bag in the mature list lists the service for repair, which is in the city of the seller or in the city for the buyer, you are obliged as a buyer to file a complaint with this service. However, even this service is, of course, obliged to comply with the final thirty-day period for filing a complaint. In other words, the advertiser must undergo Zen.
I bought shoes, but when I wanted to complain about them, I found out that the store was moving it away. Where to file a complaint?
Complaints must be made to the seller, to any of his other stores, these stores can be traced to you via the Internet. Complaints can also be made in the sales address, you can find the address on the website www.justice.cz. I therefore recommend looking at the proof of purchase of the goods (receipt), there to find out the name of the company and its identified number, and thanks to that it is then possible to find the company’s name. Thus, it is possible to contact the trade licensing office, because if the entrepreneur is obliged to notify the trade licensing office at the end of the activity in the establishment, at which address his possible volumes can be sold.
I bought a refrigerator dog e-shop, but kept cooling it. Where to complain?
Even in the case of a purchase from an online store, you pay to complain to the seller, or in the service, if it is stated in the mature letter, if it is in the city of the seller or in the place for the buyer. The name, address and identification number of the seller can be stated in the invoice or other similar document that the buyer received when purchasing the goods.
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- The cancellation period for the product is two years. If a defect occurs during this time, the buyer is entitled to complain about the product and request its repair and replacement, if this is not possible, I may request a discount or withdraw from the purchase contract.
- The main prerequisite for the smooth handling of complaints is the submission of proof of purchase of the product and service. If the buyer does not have it, he probably cannot prove that he bought the goods from the seller. You do not even have to get an entry from the bank here, because it is only possible to prove that the buyer has purchased some goods, but it is not possible to prove how he specifically bought the goods.
- The seller is obliged to accept complaints in any establishment, in which the complaint is accepted with regard to the range of goods sold or services provided, or in the company or place of business. Contracts that the store manager is not aware of and therefore do not accept complaints are inadmissible.
- If the store in which you purchased the goods does not exist, you can also file a complaint in any other store, or in its message.
- The seller is obliged to issue a complaint within thirty days, unless the seller and the buyer agree on a time limit. (Con. 634/1992 Coll., On consumer protection)
- If the seller does not issue a complaint within the statutory period of thirty days, the buyer must first withdraw from the purchase contract and demand a refund of the full purchase price.
- Rejecting a complaint is the first sale. If the buyer disagrees with it, he has no choice but to obtain an expert opinion and persuade the seller to change his opinion and acknowledge the complaint. You can find a list of experts by field at www.justice.cz
- However, it is basically up to the seller to decide whether to recognize the expert opinion as evidence for the validity of the complaint. If the complaint is not accepted again, you will not be allowed to go to court with a so-called civil appeal.
- There is a court fee associated with the filing of the lawsuit, in the case of more than five percent of the allotment, at least one thousand crowns. In the event that the buyer is in court with his claim, then the seller will be obliged to pay him all the necessary costs, which he incurred with the application of the complaint, ie the cost of an expert opinion, and thus the cost of women, ie court fee and costs for lawyer.
Have you ever had a complaint with a complaint?
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