You can claim for two years from the date of purchase and your claim should be processed within 30 days. This is the general rule we have fixed regarding complaints. However, this basic rule does not always apply. What are the time limits for making a claim and which goods are subject to shorter time limits?
If you are buying goods as an ordinary consumer, you are generally covered by a two-year warranty period during which you can make a claim. Sometimes you can get a longer warranty for an extra charge.
So if the seller gives you (and it is his legal obligation to do so) a two-year quality guarantee, he is guaranteeing the condition of the item for a certain period of time. For example, you will be able to boil water in a kettle, wash clothes in a washing machine or wear and use the shoes you bought for at least two years.
However, if this is not the case and the product you have bought is broken and does not work, you should claim it. What is important is whether the defect has manifested itself within twelve to six months of receipt. If this is the case, there is a rebuttable presumption that the defect was already present at the time of purchase and receipt. Alternatively, the seller would have to prove that he sold the item without a defect and thus rebut the legal presumption. If you have purchased the goods for less than twelve months, you may be able to claim for repair or replacement of the goods when you make a claim. For goods older than twelve months, the burden of proof is already on the consumer – that is, on you. You must therefore prove that the goods you bought were already defective when you received them.
Tip: If you are buying goods from foreign e-shops, especially outside the EU market, we strongly recommend that you read the seller’s terms and conditions before buying. If you receive a faulty product, try to claim it and ask for a discount or refund, but do not send the goods back (e.g. photograph or otherwise document the fault). It can cost more money to send the item abroad in a complicated and expensive way than to buy a new product.
It is not possible to shorten the warranty period by law, even by agreement of both parties. The warranty period can only ever be extended.
The time limit for making a claim as a customer must be distinguished from the time limit for processing the claim. Once you have made a claim, the seller must endeavour to settle the claim without undue delay, within a maximum of 30 calendar days. The seller is required by law to make a decision immediately, or within 3 working days in complex cases.
The period of time during which you cannot use the defective item, i.e. from the time you make the claim until it is settled, is not included in the total two-year (or other) period for making a claim, in other words, the two-year period is extended by this time.
The trader must give you confirmation of when you made the claim and how long it took to carry out the repair.
It is an administrative offence to fail to settle a claim within the statutory period of 30 days. If necessary, you can contact the Czech Trade Inspection Authority to initiate proceedings.
However, we cannot talk about a uniform length of the guarantee period that would apply to all goods. The period during which goods can be claimed varies according to their nature.
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Perishable items, such as food, yoghurt and baked goods, must be marked with a period of time after which the item can be used. This is the minimum shelf life.
The possibilities of making a claim on food are therefore limited in principle by these time limits. If you are not satisfied with the food you have bought, for example if it is mouldy, smells bad or is a different colour (meat) than it should be, you should make a claim. You should complain without delay.
Feed is also a perishable good that is not covered by the statutory 24-month guarantee period. The warranty is limited to the minimum shelf life, which is always stated on the packaging.
In the context of the sale of electronics such as tablets, mobile phones and laptops, we encounter two situations where there is talk of reducing the general two-year warranty period.
The first is the sale of used electronics. We are not now talking about purchases in second-hand shops or from private individuals via various online sales platforms. We are talking about the purchase of second-hand goods that have been returned by the original customer and put back on sale by the retailer. We also see this with large online retailers such as Alza, Mall, etc. It is true that used goods can be claimed in the same way as new goods. However, the seller has the right to reduce the period for claiming liability for defects to half of the general claim period, i.e. 12 months. This must be notified to the customer in advance, as well as the fact that the goods are used.
The second situation where a shorter warranty period is mentioned is batteries that are part of electronics. However, as Czech courts have repeatedly ruled, batteries are part of a product that is subject to a statutory 24-month liability for defects. During this period, you can also claim for a defect in the battery if, for example, it leaks or bulges (without you causing it). However, battery life is another matter – in layman’s terms, the fact that your phone won’t last as many hours of use after a year or two as it did after purchase. Reduced battery life is a normal feature of a battery and cannot in itself be grounds for a claim. According to the case law of the District Court in Pribram, the standard decrease in battery capacity after 24 months should be about 50%.
Tip: The length of the warranty period can also be reduced if you are buying goods as a business. This is discussed in more detail in our article.
For real estate, we distinguish between warranty period and liability for defects.
The classic warranty period of 24 months applies to new buildings. In this context, some companies offer an extended warranty, usually of 3 years.
Liability for defects can be claimed up to 5 years after the property was purchased. Hidden defects must be claimed without undue delay, provided that if they become apparent within 6 months of taking possession, the law automatically assumes that they existed at the time of taking possession of the property.
After six months, the onus is always on the property owner to prove that the defect already existed at the time of acceptance.
In the case of immovable property, a distinction can be made between manifest and latent defects. Obvious defects are those that can be discovered during a normal inspection of the property (damage to walls or floors, non-functioning windows) or immediately after taking possession of the property. Hidden defects are defects that already existed at the time of handover but become detectable, or become fully apparent, only later. Hidden defects may be, for example, poor waterproofing or leaking into the property.
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