IN ACCORDANCE WITH THE LAW ON THE PROVISION OF DIGITAL CONTENT AND SERVICES AND THE SALE OF GOODS

Art. 33. (1) Where the goods do not comply with the individual requirements for compliance with the contract, with the objective requirements for compliance and with the requirements for installation or installation of the goods, the consumer has the right:

1. to make a complaint by requesting the seller to bring the goods into conformity

2. to receive a proportionate reduction in the price

3. to cancel the contract

(2) In the cases referred to in par. (1) (1) the consumer may choose between repair or replacement of the goods, unless this proves impossible or would result in disproportionate costs for the seller, considering all the circumstances of the case, including:

1. the value the goods would have if there were no lack of conformity

2. the significance of the non-conformity, and

3. the possibility of providing the consumer with another remedy without significant inconvenience to the consumer.

(3) The seller may refuse to bring the goods into conformity if repair and replacement are impossible or would result in a disproportionate cost to the seller, considering all the circumstances, including those in subsections (2)(1) and (2)

(4) The consumer has the right to a proportionate reduction of the price or to cancel the contract of sale in the following cases:

1. the seller has failed to repair or replace the goods in accordance with Art. 34, par. 1 and 2 or where applicable, has not carried out the repair or replacement in accordance with Art. 34, par. (3) and (4) or the seller has refused to bring the goods into conformity in accordance with par. 3

2. non-conformity appears despite the seller having acted to bring the goods into conformity, in the case of non-conformity of durable goods and goods containing digital elements, the seller can make a second attempt to bring the goods into conformity within the period of the guarantee under Article 31

3. the non-conformity is so serious as to justify an immediate price reduction or cancellation of the sale contract; or

4. the seller has stated or it is clear from the circumstances that the seller will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.

(5) The consumer is not entitled to rescind the contract if the non-conformity is minor. The burden of proof as to whether the non-conformity is minor is on the seller.

(6) The consumer has the right to refuse payment of the remaining part of the price or part of the price until the seller has fulfilled his obligations to bring the goods into conformity.

Art. 34. (1) The repair or replacement of the goods shall be carried out free of charge within a reasonable time from the notification of the non-conformity to the seller by the consumer and without significant inconvenience to the consumer, considering the nature of the goods and the purpose for which they were needed by the consumer.

(2) In the case of goods other than goods containing digital elements, the repair or replacement of the goods shall be carried out free of charge within one month of the seller being notified by the consumer of the non-conformity and without significant inconvenience to the consumer, considering the nature of the goods and the purpose for which they were needed by the consumer.

(3) Where the non-conformity is remedied by repair or replacement of the goods, the consumer shall make the goods available to the seller. Where the goods are replaced, the seller shall take the replaced goods back from the consumer at his own expense.

(4) Where the carrying out of repairs requires the removal of goods that were installed in accordance with their nature and purpose before the non-conformity occurred, or where those goods are to be replaced, the seller's obligation to repair or replace the goods includes the removal of the non-conforming goods and the installation of the replacement goods or the repaired goods, or bearing the cost of removing and installing the goods.

(5) The consumer is not liable to pay for the normal use of the replaced goods for the time before they are replaced.

Art. 35. The price reduction shall be in proportion to the difference between the value of the goods received by the consumer and the value which the goods would have had if there had been no lack of conformity.

Art. 36. (1) The consumer shall exercise his right to cancel the contract by making an application to the seller informing him of his decision to cancel the contract of sale.

(2) Where the non-conformity relates only to some of the goods supplied pursuant to the contract of sale and there is a ground for rescission pursuant to Article 33, the consumer shall be entitled to rescind the contract of sale only in respect of those goods which do not conform and in respect of any other goods which he has acquired together with the goods which do not conform if it cannot reasonably be expected that the consumer will agree to retain only the goods which conform.

(3) Where the consumer cancels the contract of sale in whole or in part only in respect of some of the goods supplied under the contract of sale, the consumer shall return those goods to the seller without undue delay and in any event not later than 14 days after the date on which the consumer notifies the seller of his decision to cancel the contract of sale. The deadline shall be deemed to have been met if the consumer has returned or sent the goods back to the seller before the expiry of the 14 days. All costs of returning the goods, including the dispatch of the goods, shall be borne by the seller.

(4) The seller shall refund the consumer the price paid for the goods upon receipt of the goods or upon presentation of proof by the consumer of their shipment to the seller. The seller shall reimburse the sums received using the same means of payment used by the consumer in the original transaction, unless the consumer has expressly agreed to the use of another means of payment and provided that there is no cost to the consumer.

Art. 41. The consumer has the right to claim for:

1. failure to provide the digital content or digital service pursuant to Article 16;

2. non-conformity of the digital content or digital service pursuant to Articles 17 and 18 to bring the digital content or digital service into conformity;

3. non-compliance of the goods, including goods containing digital elements, pursuant to Articles 33 to 36.

Art. 42.(1) The consumer shall have the right to claim the goods, including goods containing digital elements, irrespective of whether the manufacturer or the seller has provided a commercial guarantee for them.

(2) Where the manufacturer or trader has provided a commercial guarantee for the goods, including goods containing digital elements, and the goods are brought into conformity by replacement, the trader shall be obliged to maintain the consumer's original guarantee conditions. Where the complaint is satisfied by repair of the goods, the repairs carried out shall be recorded on the warranty card and the repair period shall be added to the warranty period.

Article 43 (1) A claim for digital content or digital service shall be submitted to the trader or a person authorized by him. A claim for goods, including goods containing digital elements, shall be submitted to the seller or a person authorized by him.

(2) The complaint shall be made orally or in writing.

(3) When submitting a claim, the consumer shall indicate the subject of the claim, his preferred method of satisfying the claim, the amount claimed, and a contact address.

(4) When submitting a claim, the consumer must enclose the documents on which the claim is based:

1. receipt, invoice or document certifying payment;

2. reports, acts or other documents establishing the non-conformity of the digital content or digital service or of the goods, including goods containing digital elements;

3. other documents establishing the basis and amount of the claim.

Art. 45. (1) A claim for goods may be made up to two years from the delivery of the goods.

(2) A claim for goods containing digital elements may be made within:

1. two years from the delivery of the goods and the provision of the digital content or digital service, where the contract of sale provides for a single provision of digital content or digital service;

2. two years from the delivery of the goods and the commencement of the continuous provision of the digital content or digital service, where the sales contract provides for the continuous provision of the digital content or digital service over a fixed period of time;

3. the period during which the digital content or digital service is to be provided/delivered pursuant to the sales contract, where the contract provides for the continuous provision of the digital content or digital service for a period longer than two years.

(3) The period referred to in par. (1) and (2) shall cease to run during the time necessary to bring the goods, including goods containing digital elements, into conformity.

(4) If the manufacturer or seller has provided a commercial guarantee for the goods and the period of the guarantee is longer than the time limits for making a claim under par. 1 and 2, the claim may be made up to the expiry of the period of the commercial guarantee under the conditions specified therein.

Art. 46. Traders providing digital content and digital services and sellers of goods, including goods containing digital elements, shall be obliged to accept the claims of consumers if they are submitted in due time.

Art. 47. (1) The seller shall keep a register of the complaints made to him and persons authorized by him in each of the places referred to in paragraph (1). 3.

(2) Where a complaint is made, the persons referred to in par. (1) shall be obliged to describe it in the register, and the consumer shall be issued with a document containing the date, the number under which the complaint was entered in the register, the type of goods and the signature of the person who accepted the complaint.

(3) Claims shall be accepted during business hours at the outlet where the goods were purchased or on the seller's website where the goods were ordered and at the seller's registered office. The complaint may also be lodged at any of the seller's outlets throughout the country where similar commercial activities to those of the outlet from which the goods were purchased are carried out. The right to choose the place where the complaint may be lodged shall belong exclusively to the consumer.

(4) When the seller has satisfied the claim, he shall issue a certificate to that effect, which shall be drawn up in duplicate, and shall necessarily provide one copy to the consumer.

CONSUMER PROTECTION LAW

Art. 122. (amend. - SG 23/2021, in force from 01.01.2022) (1) The trader shall provide the consumer with a service that corresponds to the service contract.

(2) In order to correspond to the contract, the service must:

1. conform to the description, quantity and quality provided in the contract;

2. correspond to the information contained in the advertisement or otherwise provided before the conclusion of the contract and not contradict the information provided by the trader when providing the service, where that information may influence the consumer's decision;

3. have the usual characteristics of services of the same type;

4. have the special characteristics and be fit for the specific purpose sought by the consumer, which the consumer has notified the trader at the latest at the time of conclusion of the contract and in respect of which the trader has agreed;

5. meet the reasonable expectations of consumers, considering the nature of the service and any public statements made by or on behalf of the trader or others, contained for example in advertising or labeling, unless the trader proves that:

(a) did not know and could not reasonably have been expected to have known of the relevant public statement;

(b) at the time the contract was concluded, the public statement was corrected in the same way as it was made or in a similar way;

(c) the consumer's decision to acquire the service could not have been influenced by the public statement;

6. to be provided together with all paraphernalia and instructions that the consumer could reasonably expect to receive, where applicable.

Art. 123. (amend. - SG 23/2021, in force from 01.01.2022) (1) The trader shall be liable for any lack of conformity of the service which exists when the service is provided and which manifests itself within two years after its provision, but not later than 14 days from the establishment of the non-conformity with the contract.

(2) Where the service does not conform to the contract, the consumer is entitled to receive a service that conforms to the contract.

(3) Where the performance of the service in conformity with the contract is not possible in whole or in part or is unlawful or would cause disproportionate costs to the trader, the consumer shall be entitled to a reduction in price for partial performance of the service or to terminate the contract.

(4) The trader shall be liable for the compliance of services provided by a person acting on his behalf and at his expense.

Art. 125. (amend, SG No. 23/2021, in force from 01.01.2022) (1) The consumer shall have the right to lodge a complaint with the trader or a person authorized by him in respect of a service that does not comply with the contract.

(2) The complaint shall be made orally or in writing.

(3) When making a complaint, the consumer may claim that the service be brought into conformity with the contract, that the price be reduced or that the contract be canceled and the amount paid refunded.

(4) When submitting a claim, the consumer shall indicate the subject of the claim, his preferred method of satisfying the claim, the amount claimed and a contact address.

(5) When submitting a claim, the consumer must enclose the documents on which the claim is based:

1. a receipt or invoice;

2. protocols, acts or other documents establishing the non-conformity of the service with what was agreed;

3. other documents establishing the basis and amount of the claim.

Art. 127. (amend. - SG 23/2021, in force from 01.01.2022) (1) The trader or a person authorized by him shall be obliged to accept the claim if it is submitted in due time.

(2) The trader shall keep a register of the claims made against him and his authorized persons at each of the places referred to in paragraph (4).

(3) Where a complaint is made, the persons referred to in par. (2) The person(s) making a complaint under paragraph (1) shall be obliged to describe it in the register and shall issue to the consumer a document containing the date, the number under which the complaint is entered in the register, the type of service and the signature of the person who accepted the complaint.

(4) The acceptance of complaints shall be carried out during business hours at the outlet where the service was ordered, on the website of the trader on which the order was placed, or at the trader's registered office. The complaint may also be lodged at any of the trader's outlets throughout the country where a similar commercial activity to that of the outlet from which the service was ordered is carried out. The right to choose the place where the complaint may be lodged shall belong entirely to the consumer.

Art. 128. (1) (revoked - SG 18/2011)

(2) When the trader has satisfied the complaint, he shall issue an act for this, which shall be made in two copies, and shall necessarily provide one copy to the consumer

Art. 129. The lodging of a complaint with the trader shall not preclude the bringing of an action.

Art. 129a. (new - SG 45/2019, in force from 07.06.2019) The European Consumer Centre at the Commission for Consumer Protection shall provide assistance to consumers in the event of a dispute between a consumer and a trader arising from the application of the provisions of Regulation (EU) 2018/302 of the European Parliament and the Council of 28 February 2018 on tackling unjustified geographic blocking and other forms of discrimination based on the nationality, residence or place and other forms of discrimination based on the nationality, residence or place of establishment of customers in the internal market and amending Regulations (EO) No 2006/2004 and (EO) 2017/2394 and Directive 2009/22/EO (OB L 60/1 of 2 March 2018), called 'Regulation (EU) 2018/302'.

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