Consumer Protection Act

Information as per 112-115 of the Consumer Protection Act

Information on consumer rights arising from the legal guarantee under Art. 112-115 of the Consumer Protection Act.

 

Article 112.

  1. In the case of a lack of conformity of the consumer goods with the contract of sale, the consumer shall be entitled to address a complaint, requesting the seller to bring the goods into conformity with the contract of sale. In such case, the consumer may choose either repair or replacement of the goods by new goods, unless this is impossible or the remedy chosen by the consumer is disproportionate in comparison with the other remedy.
  2. A remedy shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable, taking into account: 1. the value that the consumer goods would have if there were no lack of conformity; 2. the significance of the lack of conformity;
  3. whether an alternative remedy could be offered to the consumer without significant inconvenience thereto.

 

Article 113.

  1. Where the consumer goods are not in conformity with the contract of sale, the seller shall be obligated to bring the said goods in conformity with the contract of sale.
  2. Consumer goods shall be brought into conformity with the contract of sale within one month after the date on which the complaint was addressed by the consumer.
  3. Upon expiry of the time limit referred to in Paragraph (2), the consumer shall be entitled to have the contract of sale rescinded and to reimbursement of the sums paid or to have a reduction made in the price of the consumer goods according to Article 114 herein.
  4. The consumer goods shall be brought into conformity with the contract of sale free of charge for the consumer. The consumer shall not be liable for any costs incurred for the dispatch of the consumer goods or any costs of material and labour costs associated with the repair of the goods, and must not sustain significant inconvenience.
  5. The consumer may furthermore seek compensation for damage resulting from the lack of conformity.

 

Article 114.

  1. In the case of a lack of conformity of the consumer goods with the contract of sale and where the consumer is not satisfied with the settlement of the complaint under Article 113 herein, the consumer shall be entitled to choose between one of the following options:
    1. rescission of the contract and reimbursement of the sum paid thereby;
    2. reduction of the price.
    3. The consumer shall not be entitled to claim reimbursement of the sum paid or reduction of the price of the goods where the trader agrees to a replacement of the consumer goods with new ones or to repair the consumer goods within one month after the complaint was addressed by the consumer.
    4. The trader shall be obliged to satisfy the request for rescission of the contract and to reimburse the sum paid by the consumer, in the case when, after having satisfied three complaints by the consumer through the repair of the same consumer goods, within the guarantee period referred to in Article 115, there is another lack of conformity of the consumer goods with the contract of sale.
    5. The consumer shall not be entitled to claim rescission of the contract if the lack of conformity of the consumer goods with the contract is minor.

 

Article 115.

  1. The consumer may exercise the right thereof under this Section within two years as from the time of delivery of the consumer goods.
  2. The period referred to in Paragraph (1) shall be interrupted during the time needed to repair or replace the consumer goods or to reach a settlement of the dispute between the seller and the consumer.
  3. The exercise of the right of the consumer under Paragraph (1) shall not be subject to any period of limitation for the bringing of action for compensation other than the period referred to in Paragraph (1).
Continue