CONSUMER LAW

The consumer may choose to rescind the contract, obtain a price reduction proportionate to the defect, have the product repaired free of charge or have it replaced with a non-defective one. In addition to these remedies, damages may also be claimed where the conditions are met.

Claims for defective goods and services are time-barred two years after delivery, even if the defect appears later. For residential and holiday properties, the period is five years; if the defect was concealed through gross negligence or fraud, the limitation period does not apply.

If the value of the dispute is below the threshold set each year, you apply to the consumer arbitration committee; if it is above, you go to the consumer court after the mediation stage. Committee decisions can be challenged before the consumer court within fifteen days of service.

In distance contracts, the consumer may exercise the right of withdrawal without giving any reason within fourteen days of receiving the goods. Some goods, such as made-to-order items, perishables and hygiene products whose packaging has been opened, are excluded.

Fees and commissions charged in breach of the regulations or the contract can be reclaimed. It is advisable to apply to the bank in writing first and, if that fails, to go to the arbitration committee or the court depending on the amount.

Once the contractual delivery date has passed, compensation for losses during the delay, such as lost rent, or the delay compensation provided for in the contract can be claimed. If the delay exceeds a reasonable period, the buyer may also rescind the contract and recover the price paid.