When is there a defect?
Examples of defective goods may include:
- Goods which are not fit for the purpose that such goods are normally designed for, for example, a rain suit which is not waterproof.
- Goods which are not fit for the purpose you bought them for and for which purpose they were to be used, as agreed with the seller, for example, a printer, which cannot be used together with your PC’s operating system despite the seller’s promise.
- Goods which do not conform with the description or a sample handed out or shown, such as a carpet whose shade is not the same as that of the carpet sample shown in the shop, or a PC which turns out to have a smaller memory than specified on the package. The faulty description can come from the seller, an advertisement, information on the website or any other information which has come to your knowledge prior to the purchase and which affected your choice.
Who must prove that there is a defect?
It is you as a consumer who must prove that goods are defective and that the defect was present at the time of delivery.
However, defects discovered within the first six months after the purchase are presumed to have existed at the time of delivery unless it can be rendered probable by the seller that this was not the case.
After the first six months it is up to you to prove that the defect or the cause of the defect was present at the time of delivery.
How do you complain about defects and shortcomings in the goods?
If goods you have bought have gone to pieces or are in some other way not in conformity with the sales contract you must always contact the seller first. It is important that you do not arrange for the goods to be repaired elsewhere until the seller has had the opportunity to make a decision on the complaint. Otherwise there is a risk that your claim against the seller will lapse.
If the seller is not willing to accept the complaint or other problems arise, you may contact the European Consumer Centre. We will then try to help you or contact one of our sister offices to examine the possibilities of making complaints in the country in which the complaint is to be dealt with.