The seller guarantees to the consumer that the goods, upon takeover, is free from defects. The seller in particular guarantees to the purchaser that, upon takeover, the goods:
- have the agreed-upon qualities; in the case of absence of an agreement, the qualities described by the seller or the manufacturer, or which the purchaser had expected considering the nature of the goods, and based on the respective advertising;
- are fit for the intended purpose stated by the seller, or for the purpose the goods are normally used;
- conform, in terms of quality and workmanship, to agreed-upon samples or models, if the quality or workmanship of the goods has been determined based on a sample or model;
- are of the required quantity, size or weight; and
- conform to relevant legal regulations.
The purchaser is entitled to lodge a complaint regarding these defects within 24 months of takeover of the goods.
Should a defect become apparent within six months of takeover, it is assumed that the defect existed at the time of takeover.
If the goods do not have the aforementioned qualities the purchaser may request the delivery of a new item, as long as it is not reasonable with respect to the nature of the goods. If only a part of the goods is defective, the purchaser may only request the delivery of the defective part. If the defective part cannot be replaced, the purchaser may withdraw from the contract. Should it be inadequate considering the nature of the effect, i.e. if the defect can be removed without an undue delay, the purchaser is entitled to the removal of the defect free of charge.
The right to delivery of new goods or the replacement of a defective part exists even in the case of a defect that can be removed, as long as the purchaser cannot properly use the goods due to reoccurrence of the defect after the goods have been repaired, or due to concurrent defects. In this case the purchaser shall also have the right to withdraw from the contract.
In the event that the purchaser does not withdraw from the contract, or if they do not assert their right to the delivery of new goods or to have the goods repaired, they may claim a reasonable discount. The purchaser shall be entitled to a reasonable discount when the seller is unable to deliver new goods, or to replace the defective part or to repair the goods, as well as in the case when the seller has failed to repair the goods within a reasonable period of time, or if the corrective steps could cause major inconvenience to the consumer.
If it is evident that the goods do not show the properties and quality agreed upon between the parties, the seller shall bear the costs of transportation of the defective goods to the seller, and back to the customer.
If asked to do so by the purchaser, the seller shall confirm in writing the scope and duration of the obligations in the case of faulty performance. If possible, based on the nature of the goods, this declaration can be substituted by a document confirming the purchase of the goods containing the necessary data. Should the purchaser assert their right with respect to faulty performance, the seller shall confirm in writing the date the right was asserted, as well as the repair and its duration.