Dealing with Defective Products
Discovering a defect in a purchased product can be frustrating, but Estonian law provides robust protection for consumers. Under the Law of Obligations Act (VÕS) § 218 (2), the seller is liable for any lack of conformity that becomes apparent within two years of delivery. In consumer sales, it is presumed that any defect appearing within the first year existed at the time of delivery.
Steps to Take
- Notify the Seller: You must notify the seller of the defect within a reasonable time. In consumer transactions, notification within two months of discovery is always considered timely (VÕS § 220 (2)).
- Submit a Written Claim: Always document your claim in writing or in a format that can be reproduced, ensuring you have a record of the communication.
- Request a Remedy: According to VÕS § 222, you are entitled to request the repair or replacement of the product first. If these options are impossible or fail, you may demand a price reduction or withdraw from the contract.
When is the Seller Not Liable?
The seller is not responsible for defects caused by improper use, negligence, or normal wear and tear. Furthermore, the seller is not liable if the consumer was aware of the defect at the time of purchase.
If the seller refuses to resolve your claim or you are dissatisfied with their response, you may seek assistance from the Consumer Protection and Technical Regulatory Authority. Every situation is unique and requires careful legal scrutiny. Consult our advanced Õigusabi 24 legal AI assistant for a personalized analysis of your case and clear instructions on how to proceed. Start your consultation now!