How to make a successful complaint?

Quick overview

When goods don’t work or have a defect, you deal with a claim. When you’ve bought online and the goods just don’t suit you, it’s usually best to withdraw from the contract within 14 days. It is advisable to make a claim as soon as possible after discovering the defect. The seller must deal with it no later than 30 days from the date of claim, unless they agree a longer period with you. When you withdraw from the contract, you must make it clear to the seller that you are withdrawing; it is not enough just not to take delivery or to send the goods back silently.

A return is not the same as returning goods without a reason

First, you need to distinguish what the situation is. If the goods are defective, do not correspond to the contract or have stopped working properly, you are exercising your rights under the defective performance, i.e. a claim. However, if you bought the goods online and just changed your mind about the purchase, typically because you don’t like or like the product, this is usually a withdrawal from adistance contract. For such a withdrawal, you as a consumer usually have 14 days from the receipt of the goods.

A practical example: you buy a smartwatch. If after a week it turns off spontaneously, you make a claim. If they work perfectly but you don’t like the size or design, it’s more a question of cancelling the contract if you bought online and are still within the 14-day period.

When you can withdraw from the contract

You have the right to withdraw from a contract concluded online within 14 days of receipt of the goods, unless there is a legal exception. However, the seller must actually know about your decision. It’s not enough just not to take delivery of the package or to send the item back without explanation. A written form is not compulsory but is highly recommended. You can send the withdrawal to the address of the registered office, other place of business or to e-mail, depending on the details given by the seller.

For withdrawal, the consumer is usually responsible for the cost of returning the goods, unless the shop offers a more favourable scheme. Some sellers make it easier than the law to return goods or extend the deadline as a customer benefit, but this is their voluntary commercial policy, not common law.

How long does liability for defects last

For consumer goods, the seller is liable for defects that become apparent within two years of taking delivery of the goods. If the defect manifests itself within the first year, the item is deemed to have been defective when it was taken over, unless the nature of the item or the defect precludes this. This is important for the consumer, as the consumer’s evidential position is easier in the first year.

This does not mean that you can claim for any wear and tear or damage that you have caused yourself. Defective performance rights do not apply to defects caused by normal wear and tear, misuse or external interference by the consumer.

How to claim correctly

It is best to make a claim as soon as possible after the defect has been discovered. In a brick-and-mortar shop, you can often do this on the spot. In an e-shop, the claim is usually in writing or via a claim form. The seller should confirm when you made the claim, what it contains and how you want it handled. Once the complaint has been dealt with, they should issue you with a confirmation of the date and method of dealing with it, or a written reason for refusal.

It is a good idea to include in the complaint:

• who is making the claim and against whom,
• what you bought and when,
• what the defect was,
• when you discovered it,
• what kind of treatment you require,
• the order number or proof of purchase,
• contact details and, if applicable, a refund account number.

You can often make a claim without the original receipt if you can prove your purchase in other ways, such as an invoice, order confirmation email or bank statement. In practice, however, it is always better to have as much evidence as possible to hand.

What you can claim in a claim

It mainly depends on whether the defect is repairable and how serious it is. Typically, the consumer can ask for a repair or replacement. If the chosen method is impossible or unreasonably costly, other solutions such as a discount or withdrawal from the contract are possible. If the seller fails to deal with the complaint in time, this may in itself give rise to a right of withdrawal.

It is therefore a good idea to be clear about what you want when you make a complaint. This is not because you are forever bound by it in every situation, but so that it is clear from the start what your claim is.

When you are entitled to a refund

A refund is not an automatic outcome of every claim. The right to withdraw from the contract and get a refund of the purchase price typically comes when the defect is material, cannot be properly remedied, is recurring, or the seller fails to deal with the complaint within the statutory time limit. The Czech Trade Inspection Authority specifically states that the seller must deal with the complaint, including remedying the defect, within 30 days of the complaint being made, unless otherwise agreed with you.

Practically: if you complain about your headphones, the shop keeps them for a month and does not inform you of the settlement even within 30 days, your position is significantly strengthened and you can consider withdrawing from the contract.

Shipping and postage costs

This is where people often make mistakes. When you withdraw from a contract within 14 days, you usually pay the cost of returning the goods. With a claim, the situation is different: if the claim is justified, you are entitled to reimbursement of the reasonable costs incurred in pursuing it. Typically, this may be postage or reasonable travel costs. However, you must claim and document them.

Reasonableness is important. If you send ordinary goods unnecessarily by the most expensive shipping method without a reasonable reason, the seller may not reimburse you for everything.

What if the seller rejects the claim

A rejected claim doesn’t mean the store is right. If you are convinced that the defect is justified, it makes sense to ask for a detailed written justification or a professional assessment. If you cannot resolve the dispute with the trader directly, you can use out-of-court consumer dispute resolution. In most disputes arising from a purchase contract, this is the Czech Trade Inspection Authority. The procedure is free for consumers, but you must first try to resolve the problem with the seller directly.

Summary

A successful complaint starts with correctly identifying whether you are dealing with a defect in the goods or a withdrawal from the contract when you buy online. With a claim, it’s key to act promptly, accurately describe the defect, and retain evidence of the purchase and communication with the seller. The seller must resolve the claim within 30 days unless they agree otherwise with you. For online purchases, you can usually withdraw from the contract within 14 days without giving a reason, but you must give the seller clear notice. If the shop fails to communicate or rejects the complaint unjustly, out-of-court dispute resolution through the Czech Trade Inspection Authority can help.