Consumer Rights Regarding Defective Products
In Estonia, consumer rights are primarily protected by the Law of Obligations Act (Võlaõigusseadus - VÕS). If a product does not conform to the contract, the consumer has the right to demand repair or replacement under § 222 of the VÕS.
Conditions for Replacement
A consumer is entitled to demand the replacement of a product if:
- The product is defective or does not match the description provided.
- Repair is impossible or disproportionately expensive.
- The seller fails to repair the product within a reasonable timeframe.
It is crucial to note that under VÕS § 222 (1), the seller must replace the product at their own expense. The consumer cannot be charged for the return of the defective item or the delivery of the replacement. If the seller refuses to replace the item or fails to do so, the consumer has the right to withdraw from the contract and demand a full refund under VÕS § 223.
Steps for the Consumer
- Notify the Seller: Submit a written complaint as soon as possible, and no later than two months after discovering the defect (VÕS § 220).
- Keep Documentation: Retain your receipt or any other proof of purchase.
- Demand a Solution: Clearly state that you are requesting a replacement rather than a refund, if that is your preference.
The seller is legally obligated to respond to your complaint within 15 days. If the seller refuses without a valid reason, you have the right to contact the Consumer Protection and Technical Regulatory Authority.
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