Starting small claims procedures
Usually when purchasing products or services things go smoothly, but unfortunately it sometimes happens that things do not go according to plan.
Consumer rights
All purchases are a binding agreement between the seller and the buyer. In all cases the stated price must be correct and final and VAT and other fees included.
When buying goods at a store, generally there is no right to return the goods. However when something is bought via e.g. the Internet the right to return the goods is fourteen days. If what you bought turns out defective, it is important to make a complaint to the seller as soon as possible. Complaints deadline is usually two years but up to five years if the product is assumed to have a longer lifetime than is generally the case.
Where do I submit complaints regarding a faulty product?
If the product you bought is flawed, you start by lodging a complaint with the seller. There you can demand that the seller remedy the product, the delivery of a new product, discount on the purchase price, or a refund. The seller can then remedy the defect or deliver a new product twice. After that you can try mediation with the District Commissioner.
If an agreement can not be reached with the seller, you can lodge a complaint to the Complaints board for goods and services. The board accepts complaints electronically on its website, which also includes instructions on how to file a complaint. When a complaint is submitted, an admissions fee will be charged. This admissions fee is in many cases reimbursed if the complainant wins the case partially or in full. After submitting your complaint, you can monitor the status of your case by logging in on the board’s website. If the board’s conclusion is not to your liking, you are free to take the matter further to court.
How do I take the matter to court?
Cases involving the resolution of disputes between two or more parties are considered to be civil actions. Firstly, a writ of summons must be prepared. This is usually done with the help of a lawyer. The document is then served to the defending party by process servers. When the minimum period has passed you can file the case with the court. After that the procedure is that the parties involved are summoned to a meeting with a judge, where an extended deadline for submitting and studying documents pertaining to the case can be given. Then the court date is decided. After court proceedings, the judge rules in the case. The cost of filing civil actions varies depending on the case, but in all cases a filing fee must be paid. Lawyers’ services are according to their own fees list.