Consumer rights

Consumer goods must be in conformity with the contract of sale. Goods are deemed to be in conformity with the contract if they

• comply with the description given by the seller and possess the same qualities as provided by a sample or model;
  
• are fit for the purposes for which goods of the same type are normally used; and


• are fit for any particular purpose which was made known to the seller
  

If the commodity is not in conformity with the contract, the seller can repair or replace the item. The seller covers any transport costs. If the repair takes more than one week the consumer normally has the right to a substitute commodity while the purchased item is being repaired.

The seller can only try to repair the same defect twice. The consumer can then demand a price reduction or cancel the purchase.

If repair or replacement is impossible or disproportionate, or if the seller has not remedied the problem within a reasonable period or without major inconvenience to the consumer, the consumer can claim a price reduction or cancel the contract.

If the contract is cancelled the consumer must return the commodity to the seller, while the seller must refund the consumer the purchase price. The consumer is not entitled to cancel the contract if the lack of conformity is minor.

Within the first six months, any defect must be presumed to have existed at the time of the purchase, unless proven otherwise. The seller must be notified of the lack of conformity within reasonable time. It is always sufficient to complain within two months after the defect was discovered.

The seller is liable for any lack of conformity which becomes apparent within a period of two years, unless the item is intended to last considerably longer than two years, i.e cameras, TVs and mobile phones. For these goods the legal guarantee period is five years.