Consumer Remedies for Defective Goods
Where a product does not have the qualities stated on its packaging, label or in its promotion, or is not fit for its intended purpose, a defect may arise. Consumer legislation grants the consumer several alternative remedies in such situations.
Alternative remedies
When faced with a defective product, the consumer may generally choose one of the following:
- Rescission of the contract (refund of the price),
- Replacement of the product with a defect-free equivalent,
- A request for repair,
- A price reduction in proportion to the defect.
As a rule, the consumer decides which of these remedies to use. However, different assessments may apply where the chosen path would create disproportionate difficulty.
Time limits and proof
There are statutory limitation periods for defect-related claims. It is therefore important to notify the seller within a reasonable time of noticing the defect. Keeping the invoice, the contract and any correspondence is useful for proof in a possible dispute.
Avenues of application
To resolve a dispute, the consumer arbitration committees or the consumer courts may come into play, depending on the monetary thresholds. Which authority has jurisdiction varies according to the value of the claim.
Every product and every sales relationship may carry its own particular circumstances; general information may therefore not apply directly to a specific case.
