How to make a successful complaint?

Complaints, withdrawal from the contract and return of goods. You bought a new smartwatch but for some reason it doesn’t suit you. What to do with it? Under certain conditions, you can proceed in three basic modes:

• Withdrawal. Then you don’t need to have any special reasons and simply return the watch, along with writing a withdrawal form. Most e-shops already offer this in a form and publish it on their website or attach it directly to the goods. Check the e-shop’s terms and conditions for how to return the goods. If the retailer allows you to bring the product to a brick-and-mortar store, then you will save on shipping costs. Some shops even offer to collect unwanted products at their own expense. Generally, however, you pay the postage costs for returning the goods in the event of withdrawal and the retailer is not obliged to reimburse you in any way. You must return the goods with all accessories and in their original packaging intact.

• Returning goods purchased in a brick-and-mortar store (or on the e-shop more than 14 days ago): did you bring your watch home, but then got tired of its appearance and would like to return it? This used to be a very rare case, but recently there have been a growing number of retailers who are pampering customers in this way as part of the competitive battle. Some offer the possibility of returning a purchased product for up to one year. This is particularly common with large retailers such as IKEA and Decathlon, but you can also try your luck with a small retailer. In any case, you should show the receipt of the purchase and the goods are also assumed to be in perfect condition. Sometimes the only option offered is for the customer to spend the money returned in the store on other goods, in some cases it is even refunded back to the bank account with no obligation to buy again.
• Making a claim: When a watch or a function of a watch stops working, it is time to make a claim. A claim should be made when the purchased goods lose their functionality, do not correspond to the contract, are defective, etc. For consumer goods, the period for which the seller is liable for defects is 24 months, or sometimes a longer warranty period can be agreed. This cannot, of course, be the case if you have caused the defect in the product by your own carelessness or mishandling.

The complaint should be made immediately after you discover the defect. As a rule, you should apply directly to the trader, or exceptionally to a contractual service provider if this is expressly stated in the purchase contract.

Shipping and postage costs for claims

The situation with the reimbursement of shipping and postage costs is different from the above-mentioned withdrawal from the contract. Since in the case of a claim, the manufacturer is presumed to have sold you a defective product, it is also up to the manufacturer to pay the necessary costs incurred by you in exercising your rights under liability for defects, i.e. the claim. Necessary costs could be, for example, postage or the cost of travelling to the shop where you go to collect the repaired item. However, you must actively claim the costs and provide proof of the amount. When sending the goods, look at several options and look for the cheapest one if possible. The seller does not have to reimburse you for anything you choose.

How to make a claim

You generally do not need to look for a template to make a claim. In the vast majority of cases, you can simply make a claim in person at the shop where you bought the goods. If the seller does not deal with the claim immediately (for example, by giving you an immediate refund or issuing you with other goods), they should draw up a claim report with you.

What the complaint report should contain

The complaint report should contain the following information:

• identification of the parties – name, address and contact details of the seller and the consumer;
• the date of the purchase contract and the object of purchase (specification of the product complained about);
• the date of the complaint;
• a detailed description of the defect in the product for which the complaint was made;
• the claim – specification of the consumer’s specific request for the manner in which the claim will be settled (e.g. replacement with a new product, repair of the defect).

The seller is obliged to confirm, after the complaint has been settled , that the complaint has been accepted and how it has been settled. If the defect has been repaired, the confirmation should include information on the repair carried out, the duration of the repair and, if applicable, a written justification if the complaint has been rejected.

How to make a complaint

You can make a claim in writing, especially if you buy goods through an e-shop. You can follow the following instructions:

1. State the name and address of the seller from whom you purchased the goods, together with the date of purchase and the order number.
2. Describe what the product is, what the defect is and what you see as its malfunction.
3. Suggest a specific solution that would suit you (replacement, discount, repair or withdrawal). Indicate the cost of the postage you will claim back.
4. Be sure to include your contact details at the end of the letter, your account number for the refund if applicable, and your signature.
5. Attach a written or electronic copy of the proof of purchase (invoice, receipt).

You can make a claim by letter, e-mail or telephone.

What can you claim?

• If the defect becomes apparent within 12 months of purchase, the goods are deemed to have been defective to begin with and you can claim a replacement for new goods. However, if the defect can be repaired without undue delay, you do not have such a claim.
• In a situation where neither replacement nor easy repair is possible, you can decide whether to withdraw from the contract or claim a discount.
• If the same defect reappears after the repair or if you claim 4 or more different defects on one product, you are automatically entitled to either a replacement or a withdrawal and refund.

You must always indicate your preferred method of claim on the claim form.

When am I entitled to a refund for a claim?

You are only entitled to a refund in a few cases, which are set out in the Consumer Protection Act. These are:

• fundamental breach of contract,
• expiry of the time limit – the seller fails to comply with the statutory time limit of 30 days,
• third complaint in a row,
• a defect that cannot be rectified and the defective goods cannot be replaced (end of production).

What if I want to exchange the goods for new ones?

The law states that the customer can only request a replacement of the goods in the event of a material breach of contract. This can be interpreted to mean that the goods do not perform their intended function at all and if the customer had known this beforehand, he would not have bought the goods in the first place.

Extension of the period of liability for defects

If you have been unable to use the goods for a period of time due to a claim, the total warranty period is extended by this period (for example, one month). The period of time from the time of the claim until the time of notification of the settlement of the claim is not included in the total period of statutory liability.

Attention! If the seller settles your claim by delivering new, faultless goods, the 24 months does not run again from this point. This is little known as the previous wording of the law allowed this option.

Summary

When purchasing on the e-shop, you can withdraw from the contract within 14 days without giving any reason, provided that the goods do not show signs of use and are returned in their original packaging. Shipping costs are usually borne by the buyer. After this period, it’s up to the retailer to allow returns – some shops offer this as a customer benefit.

You can make a claim if the goods are faulty or do not match the contract. The legal warranty is 24 months, and the seller should pay the shipping costs for the claim. Complaints are made in person at the store or in writing at e-shops. It is necessary to provide details of the seller, the date of purchase, a description of the defect and the requested solution, attach proof of purchase and have a complaint report drawn up.

If the defect appears within 12 months of purchase, it is presumed to have been present at the time of sale and the customer can request a replacement. If the defect cannot be rectified, is recurring or is multiple defects at the same time, the customer may request a replacement or refund. A refund is also due in the event of a fundamental breach of contract, failure to comply with the 30-day complaint period or impossibility of replacement. The warranty is extended by the time the goods have been under claim, but the new 24-month period does not apply for replacement.