Faulty goods: repair, replacement or refund

When are goods defective?

The thing delivered to the buyer must conform to the contract, above all in quantity, quality, type, description and packaging (VÕS § 217 lg 1) [6]. It does not conform, among other cases, if it lacks the agreed characteristics or is not fit for the purpose for which things of that kind are usually used (VÕS § 217 lg 2 p 1 ja 2) [6]. Incorrect installation counts as a defect if the seller installed it or the problem came from the seller's incomplete installation instructions (VÕS § 217 lg 5) [6].

How long is the seller liable?

• Two years. In a consumer sale, the seller is liable for a lack of conformity that becomes apparent within two years of delivery to the buyer (VÕS § 218 lg 2) [1].
• The first year – the burden is on the seller. A lack of conformity that appears within one year is presumed to have existed at delivery, unless this is incompatible with the nature of the thing or the defect (VÕS § 218 lg 2²) [1].
• After repair or replacement. On replacement, the two-year period starts from delivery of the replacement; on repair, it starts again for the repaired defect (VÕS § 218 lg 3¹) [1].

In a consumer sale, an agreement to the buyer's detriment concluded before the defect was notified is void (VÕS § 237 lg 1) [7]. A commercial guarantee does not exclude or limit the buyer's rights under the law (VÕS § 230 lg 5) [8].

What the law says

• The consumer must notify the seller of the lack of conformity „kahe kuu jooksul pärast seda, kui ta sai mittevastavusest teada“ [2] (translation: within two months of learning of the lack of conformity; VÕS § 220 lg 1).
• „Müüja kannab asja parandamisega või asendamisega seotud kulud, eelkõige veo-, posti-, töö-, reisi- ja materjalikulud.“ [3] (translation: the seller bears the costs of repair or replacement, in particular transport, postage, labour, travel and material costs; VÕS § 222 lg 4).
• „Tarbijalemüügi korral eeldatakse, et lepingutingimustele mittevastavus on oluline.“ [4] (translation: in a consumer sale, a lack of conformity is presumed to be material; VÕS § 223 lg 5).
• A guarantee „ei välista ega piira ostja õigust kasutada muid seadusest või lepingust tulenevaid õiguskaitsevahendeid“ [8] (translation: does not exclude or limit the buyer's right to use other remedies under the law or the contract; VÕS § 230 lg 5).

What are the buyer's rights?

1. Repair or replacement. The buyer may demand repair or replacement if the chosen remedy is possible and does not cause the seller disproportionate costs compared with the other (VÕS § 222 lg 1) [3]. The seller must do it within a reasonable time and without significant inconvenience to the consumer (VÕS § 222 lg 4²) [3]; the seller bears the costs (VÕS § 222 lg 4) [3].
2. Price reduction or withdrawal. If the seller has not repaired or replaced the thing, has refused, the defect reappears after repair, or it is so serious that it justifies immediate withdrawal, the buyer may withdraw from the contract (VÕS § 223 lg 1) [4] or reduce the price (VÕS § 224 lg 1) [5]. On withdrawal, the consumer returns the thing at the seller's expense, and the money is due from the return or proof of sending it back (VÕS § 223 lg 7) [4].
3. Damages. The buyer may also claim compensation for damage caused to the thing by its lack of conformity (VÕS § 225) [9].

What to do

1. Notify the seller within two months of discovering the defect (VÕS § 220 lg 1) [2]. If you do not notify in time, you cannot rely on the defect, unless the delay is reasonably excusable (VÕS § 220 lg 3) [2].
2. Make the complaint in writing with your name and contact details, the date of the complaint and of the purchase, the defect and your claim; attach the proof of purchase (TKS § 24 lg 3 ja 4) [10].
3. The trader must answer a written complaint within 15 days unless the law sets another time limit (TKS § 24 lg 5) [10]; if it does not resolve the complaint in that time, it is deemed to have refused (TKS § 24 lg 8) [10].
4. If the trader refuses or you do not accept its solution, you can turn to the Consumer Disputes Committee (TKS § 46 lg 1) [11]; proceedings before the committee are free of charge for the parties (TKS § 45 lg 4) [12].

Frequently asked questions

Can a shop say the guarantee is only six months?

The seller is liable for a defect in goods sold to a consumer that appears within two years of delivery (VÕS § 218 lg 2) [1], and an agreement to the consumer's detriment is void (VÕS § 237 lg 1) [7]. A guarantee can only give a better position than the law (VÕS § 230 lg 1) [8].

Do I have to prove the defect existed when I bought it?

For a defect that appears within one year of delivery, it is presumed to have existed at delivery, unless this is incompatible with the nature of the thing or the defect (VÕS § 218 lg 2²) [1].

Can I ask for my money back straight away?

You can first demand repair or replacement (VÕS § 222 lg 1) [3]. You may withdraw in the cases set out in the law, for example if the seller has not repaired or replaced the thing or the defect is so serious that it justifies immediate withdrawal (VÕS § 223 lg 1) [4].

Who pays for sending the goods for repair?

The seller bears the costs of repair or replacement, including transport and postage (VÕS § 222 lg 4) [3].