Almost everyone knows that a broken washing machine can be claimed. With stores and e-shops, though, you have more rights than people usually say, and some of them already apply at the checkout. Here is an overview of the situations in which you have something to rely on.
At the checkout and in the leaflet
The price at the checkout is different from the one on the shelf. Goods on display with a price tag are, as a rule, treated as an offer at that price (Section 1732(2) of the Civil Code), and the price must be final (Section 13 of the Act on Prices). Photograph the price tag. If the store does not resolve the difference, you can file a submission with the Czech Trade Inspection Authority (Česká obchodní inspekce).
The price from the leaflet does not apply in the store. A promotional offer from a leaflet or a catalogue is, as a rule, treated as an offer limited only by stocks running out. If the goods are in the store, you can demand the price from the leaflet.
A "50% discount" off a price at which the goods were never sold. When a store states a discount, it must also state the lowest price at which it offered and sold the goods in the last 30 days.
If the "original price" does not match, contact the store and file a submission with the Czech Trade Inspection Authority. The rule does not apply to goods that spoil quickly or have a short use-by period.
When the goods are defective
The item broke after six months. You can claim a defect that appears within two years of taking delivery. In the first year it is, in addition, presumed that the goods already had it when you took delivery (Section 2161(5) and Section 2165(1) of the Civil Code). The article Claims for defective goods: your rights and the warranty period covers this in detail.
A different colour, size or version arrived. That is a defect too, because the goods do not correspond to what you ordered (Section 2161(1)(a) of the Civil Code).
They refuse to accept the claim without the box or the warranty certificate. The law sets neither as a condition of a claim. You can prove the purchase, for example, with a payment record.
The store only wants to repair it; you want a new item. You choose a repair or a new item without a defect. The seller may refuse only when the method you chose is impossible or, compared with the other, disproportionately costly (Section 2169(1) and (2) of the Civil Code).
The built-in dishwasher broke and the store wants you to bring it in. For the repair, the seller takes the item over at their own expense. If it was built in correctly, the seller must dismantle it themselves and fit the repaired or the new one back, or pay you these costs (Section 2170(2) of the Civil Code).
The claim drags on for longer than a month. The seller must settle the claim within 30 days, unless you agreed on a longer period. If the seller does not make it in time, you can withdraw from the contract or demand a reasonable discount (Section 19(3) and (4) of the Consumer Protection Act).
The washing machine is in the repair shop for the third time with the same defect. You do not have to wait for another repair. The buyer may demand a reasonable discount or withdraw from the contract if the defect appears repeatedly (Section 2171(1)(b) of the Civil Code).
In plain terms: when the same defect comes back, you can ask for a discount instead of another repair, or return the item and ask for your money back. Keep all the confirmations of previous claims; they prove the repetition.
Buying on an e-shop
You want to return goods from an e-shop. Within 14 days of taking delivery you can withdraw from the contract without giving a reason, except for exceptions, for example goods made to measure (Section 1829 and Section 1837 of the Civil Code). You send the withdrawal yourself. What to do when the money does not arrive is in the article The e-shop did not return the money within 14 days? What to do.
The e-shop offers a voucher instead of money. After the withdrawal, it must return the money in the same way it received it. Any other way only with your consent (Section 1832(1) of the Civil Code).
The parcel shows as delivered by the carrier, but you do not have it. The goods are handed over only at the moment you actually take delivery of them, so take this up with the e-shop, not with the carrier. The exception is a carrier you chose yourself and that the e-shop did not offer you.
When you have no claim
- An item without a defect, bought in a brick-and-mortar store. The statutory right to return goods within 14 days applies only to a distance purchase or a purchase outside the store. If the store promised a return in its terms or on the receipt, the promise holds.
- Ordinary wear and tear. The law does not treat what arises from normal use as a defect.
- Goods discounted because of a specific defect that the seller specifically pointed out to you before the purchase and that you expressly agreed to. You cannot claim that defect; other defects, yes (Section 2161(4) of the Civil Code).
What to do next
Is the store brushing off your claim, or not returning your money? Describe to Legamik what happened, and Legamik will prepare a claim or a notice citing the specific provisions. It will also watch the time limits that are running for you. You then send the letter yourself.
Legamik is not a law firm and does not provide legal advice. In complex disputes we recommend consulting a lawyer.