When to enforce the warranty and when non-conformity of the goods (material defect)?

Many questions, and by the end of the article I hope that there will be quite a few answers and clarifications regarding the ever-burning topic in Slovenia and elsewhere.

On January 26, 2023, we got a new Consumer Protection Act (ZVPot-1), which, in addition to three European directives in the field of consumer protection, also includes the content of the Act on the Protection of Consumers from Unfair Business Practices.

If you bought the goods before January 26, 2023, i.e. before the new law came into force, the old Consumer Protection Act applies to it. What is the difference, below.

Do you want to claim the warranty? What are your rights and responsibilities?

Did you know that the warranty is not mandatory for all products? A warranty is an obligation by which the company undertakes to repair, replace or refund the purchase price free of charge in the event that the product does not function flawlessly or does not have the properties specified in the warranty card or sales message.

For products purchased before January 26, 2023, you can claim the warranty from the manufacturer and the seller. With the new ZVPot-1 law, however you can only claim the warranty from the guarantor. In most cases, the guarantor is the manufacturer of the technical product, but in the case of imported products, it can also be the importer or distributor. The seller is a guarantor only if he issues a warranty card.

Mandatory warranty is at least one year, according to the new law, there is no longer a mandatory one-month warranty on used goods (cars, trailers...).

Mobile phones belong to the category of products with a mandatory warranty.

Which goods have a mandatory warranty?

• Products for household and similar use
• Products of the automotive and similar industries
• Machines and devices for agriculture and for processing small areas
• Information technology products
• Sports equipment and props
• Products from the field of radio communications, audio and video technology and devices that connect to them
• Electro-medical devices intended for personal use
• Fire protection devices
• Cleaning devices
• Small heating devices

For a more detailed list of goods of each category, read the Official Gazette of the Republic of Slovenia.

How much time does the guarantor have to correct product defects?

For goods purchased before January 26, 2023, the deadline for correcting errors remains 45 days. According to the new law, the deadline is reduced to 30 days with the possibility of extension for a maximum of 15 days after prior notification of the consumer and justification of the reasons for the extension.

After the deadline has passed and the errors have not been rectified, you can withdraw from the contract, request a refund or a replacement with a faultless product.

What does this look like in practice?

I broke your X brand computer, let's take HP as an example. You will find the nearest authorized repairer (SRC, COMLAN...) on the warranty card or online, who is the guarantor in this case.

By returning the computer you must have no costs, which also includes transportation/transportation costs. If you are going to send the computer to the post office, you can from the guarantor you request a postage refund. It is best to arrange with the guarantor for their authorized courier to pick up the defective goods. Always ask for a receipt for the receipt of the goods or the delivery of the goods for repair. The deadline for correcting errors begins on the day of collection. The certificate you have received is your safety net in the event that the guarantor does not fulfill his responsibility within the legally prescribed period.

As said, after 30 days (or 45 days under the old law) you have the right to request a refund or compensation with a flawless computer.

For additional insurance, you can take a photo or video of the goods, including any accessories that you have included in the packaging. In most cases, you won't need additional evidence, but in the worst-case scenario, unexpected complications can arise, so it doesn't hurt to be prepared.

Example: An authorized repairer repaired your computer, but it was delivered without the power cable that you included with your warranty claim. With a recording, you will facilitate and speed up the appeal, of course if you get a correct adviser on the other side.

"If the company destroys or loses the goods that were given to it for repair, maintenance or finishing, or if it is not possible to guarantee the repair of damages or defects, the company shall deliver new identical goods within eight days or pay compensation in the amount of the retail price of the new goods. If the dispute about responsibility for lost parts cannot be resolved amicably, the dispute can be resolved in the competent court," explains the chief market inspector, M.Sc. Andreja But of the Market Inspectorate of the Republic of Slovenia.

The guarantee is the guarantor's obligation to correct defects free of charge within 30 days. Otherwise, the consumer is entitled to a refund or a proportional reduction of the purchase price. Photo: Pexels

Did you notice additional damage to your device after the repair?

Did you receive a device from the service center with damage that was not present before the repair? The company is responsible for any damage or defects that occur during their handling of your goods. In the event of a defect/damage, they must repair the damage at their own expense within three days, if it is a defect that does not reduce the value and usability of the goods.

Have you changed the screen on a foldable phone for the third time?

I love foldable phones, but I can't argue that their durability is not yet at the level of classic phones. Several times I have already seen testimonies of users who were forced to change the screen two or three times within two years or even less.

You were without a phone for the period of three repairs, what are your rights in this case? Keep all troubleshooting receipts on your phone. Add up all the days the phone was at the dealer. If the number exceeds the statutory deadline for fixing defects, you can request an exchange for a flawless phone, a refund or a proportional reduction of the purchase price.

The Market Inspectorate of the Republic of Slovenia explained to us that the warranty period is extended by the time the defect is rectified. So, if you had the device for 14 days for repair, the warranty period is extended for this period of time.

You do not need to accept credit

A credit is not the same as a refund! You can always request a refund, provided that you meet all the conditions for a refund during the warranty period, the period for non-conformity, or you return the goods within the legally prescribed period (30 days) from the purchase.

To claim the warranty, you must present the invoice or warranty card.

You bought the product abroad. Can you claim the warranty in Slovenia?

Shopping abroad is becoming more and more popular, mainly due to accessibility and often lower prices. The biggest concern when shopping abroad is, how to claim the warranty in Slovenia and whether Slovenian authorized services will take it into account.

Valid within the EU mandatory two-year warranty on the flawlessness of the goods, so you can exercise your rights within this period at a foreign seller or at a Slovenian authorized service (guarantor). Always read the fine print, as it may happen that some brands have exceptions for claiming the European warranty in Slovenia.

The Market Inspectorate of the Republic of Slovenia responds that "for goods purchased abroad, but within the European Union, the consumer can asserts its rights under the warranty, which he received when purchasing the goods. If authorized services in Slovenia are also listed in it, then it is possible to make an appropriate claim with them, but not otherwise."

When are goods non-conforming? When can you assert a factual error?

While the warranty only applies to the "technical" products mentioned, you can claim an actual defect for any goods purchased, but exclusively at the seller. According to the new law, goods with an actual defect are marked as non-conforming goods.

According to the old law, the consumer could choose for himself whether to exchange the product, request a repair, a proportional reduction or a refund of the entire purchase price. ZVPot-1 partially took away this right from the consumer and introduced a two-stage procedure.

If the consumer finds out non-conformity of goods within 30 days of purchase, has the right to withdraw from the sales contract and refund the purchase price.

If non-compliance is found after 30 days, the procedure is different under the new law.

• The consumer can first of all requests free repair of goods or exchange.
• If the seller has not ensured the conformity of the goods within the statutory period, the consumer can resign from the sales contract and request a refund of the amount paid or proportional reduction purchase price (with rare exceptions, the consumer can choose himself).

When is it up to you to prove the non-conformity of the goods? ZVPot-1 stipulates that within 1 year of delivery, the seller must prove whether the alleged non-conformity existed at the time of delivery or not. Beyond this period, the responsibility falls on the consumer. The deadline for asserting non-conformity of goods is two years from the date of purchase.

You must inform the seller about the non-conformity of the goods notify within two months from the date, when you found the error. The seller must respond to your request within 8 days.

What does it even mean that the goods are non-compliant or that they have an actual defect?

ZVPot-1 interprets compliant goods as goods that:

• corresponds to the description, type, quantity and quality and has the functionality, compatibility, interoperability and other characteristics as required in the sales contract;
• is suitable for a specific purpose for which the consumer needs it and which the consumer informed the seller no later than when concluding the sales contract, and the seller agreed to this;
• is supplied complete with all accessories and instructions, including instructions for installation as specified in the sales contract, and
• is updated as specified in the sales contract.

If you have purchased a TV and it does not turn on, you have received non-compliant goods. If you bought furniture and got the wrong dimensions - non-conforming. If, after one year, you have found that you have the wrong processor in your computer, as it was written in the product description, you can claim non-conforming goods. Since more than a year has passed, in this case it is your responsibility to prove the non-conformity of the goods.

Online purchases are subject to the warranty, the law on non-conformity of goods (material defect) and a 14-day cooling-off period. Photo: Unsplash

How about online shopping?

Have you heard of you? cooling-off period or right to withdraw from the contract? This is a 14-day period that you can take advantage of for online purchases. You have the right to return or exchange the product within this time frame without further justification. The cooling-off period begins when you or an authorized person collects the shipment(s) (holidays do not count). Check with each seller how returns are made during this period.

Covering the return costs in this case is not the seller's responsibility, although many offer it. In the event that the seller has not informed you in advance about possible costs for returning the goods, the seller must cover these costs himself. If the seller does not notify you of the right to withdraw from the contract, it is extended to 12 months from the end of the original withdrawal period. The seller must provide a template of the contract withdrawal form.

The reflection period also applies abroad, i.e. in all the member states of the European Union. There are exceptions, or goods for which this period does not apply (airline tickets, food, custom-made goods ...). Make sure to return the product in perfect condition, including the packaging.

In addition to the right to withdraw from the contract, you can normally claim warranty or non-conformity for goods purchased online.

What about e-mail or phone orders? Do the same laws apply?

Online purchases, via e-mail or phone are contracts concluded at a distance without the physical presence of the contracting parties. The laws mentioned above apply.

If you think that you have come across a possible violation of the new ZVPot-1 law, you can inform the Market Inspectorate of the Republic of Slovenia. You can also always consult with the Consumers' Association of Slovenia, and abroad you can rely on the Network of European Consumer Centers (EPC).