Complaints: what are the deadlines?

Quick overview

• As a rule, you can make a claim within 2 years of purchase.
• The seller must process it within 30 days.
• Within 12 months, the defect is presumed to have existed at the time of purchase.
• For some goods (food, second-hand goods) the time limits are shorter.
• The warranty period is extended for the duration of the claim.

Do you need help with a claim? Or does the retailer not want to accept it but you feel you are entitled to it? Consult an attorney about your situation and get what you are entitled to.

General length of the warranty period

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. For an extra fee, you can sometimes get a longer warranty.

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 goods 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. In such a 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 can claim for the goods to be repaired or replaced. 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.

People do not make a claim at all because they think it is “too late”. However, especially in the first 12 months, they have a much stronger position and the seller has to prove that the defect was not their fault.

In practice, proving this is the most common problem. If the seller has rejected your claim, we can help you prepare a legal argument.

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 should 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.

If the seller fails to settle the claim within 30 days, you can claim a refund. Not sure how to proceed? Contact us.

A practical example: We were contacted by a client who had a laptop complaint that was not resolved by the dealer after more than 30 days. The dealer prolonged the communication saying that he was “waiting for the service statement”. The client felt that he had to wait further.

We explained to him that failure to comply with the 30-day time limit was a material breach of contract under the law. We helped him prepare a cancellation notice and refund demand. The seller subsequently refunded the amount without further dispute.

Unfortunately, this practice is not unique; sellers rely on the fact that customers do not know their rights and will wait longer than they have to.

Complaints and warranty period for food

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 best before date is the date until which the food should remain of good quality and with all its original characteristics. It is typically indicated on canned and other non-perishable foods. However, these foods can usually be eaten after the best before date. At most, it will not have the same taste and smell. However, if the packaging is intact and the food has been stored properly, it should be safe to eat for days (sometimes weeks) afterwards.
• In contrast, the expiry date mentioned above indicates until when it is safe to eat the food. It can be found on meat, sausages, dairy products and generally perishable foods. In contrast to the best before date, it is no longer recommended after the expiry date because of the risk of health problems.

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.

Complaint period for feed

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.

Complaint period for electronics

In the context of the sale of electronics such as tablets, mobile phones or laptops, we encounter two situations where there is talk of shortening the general two-year period for complaints.

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 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.

We know from our own experience that sellers do not emphasise the shortening of the time limit sufficiently. If they have not warned you in advance, the reduction may not be valid at all.

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%.

Property warranty period

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 already 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.

Summary

As a rule, a claim can be made within 24 months of purchase and must be settled by the seller within 30 days. The key is when the defect becomes apparent – during the first 12 months your position is significantly stronger. For certain types of goods, such as food or second-hand items, the time limits vary. If the retailer doesn’t accept the claim or doesn’t meet the legal time limits, you have the right to claim a refund or defend yourself legally.

If you are dealing with a specific complaint problem, our solicitors can help you choose the right course of action and increase your chances of success.