Consumer rights when purchasing goods
A purchase is a binding contract between a seller and a consumer, but special protective rules apply to consumer purchases.
A consumer purchase occurs when an individual buys movable property – general goods bought for everyday use, household appliances, cars, clothes, furniture and more – from a seller who sells goods in the course of business. Special rules apply to the purchase and sale of real estate and services.
Consumer rights and obligations in a nutshell
Do not pay for goods you have not ordered
If goods are sent to a consumer that they have not bought/ordered, they do not need to pay for them. A purchase contract is not concluded even if the consumer does not respond to a sales offer within a specified time limit, and this cannot be regarded as tacit acceptance.
Be clear about the price
If no price has been agreed, the buyer must pay the price that is charged. The main rule is that pricing is generally free. The stated price must always be the final price to consumers – VAT and any charges, regardless of their name, must be included in the price.
Timing of the payment
If no agreement has been made on when and how the purchase price is to be paid, the consumer must pay the seller when the seller demands it, but generally not before the item has been delivered or the consumer is able to take possession of it. Before paying the purchase price, the consumer should inspect the item.
No additional payments
If a consumer has, in good faith, bought goods or services at too low a price, the seller cannot demand an additional payment. The seller cannot require the consumer to pay additional charges, e.g. a delivery fee or a fee for issuing and sending an invoice, if this was not stated before the purchase.
No right of return
When buying in a shop, the buyer has no statutory right of return unless otherwise agreed. It is common for shops to offer buyers the option of exchanging goods for other goods or returning them for a credit note within a specified period after purchase. The seller decides whether returns after a purchase in a shop are permitted and, if so, what conditions apply to the returns. In distance selling, however, the consumer has 14 days from delivery of the goods to cancel the purchase without giving a reason and receive a refund.
Complain as soon as possible!
If an item proves to be defective or the seller has provided misleading information, the consumer should complain to the seller as soon as possible, but the consumer's time limit for making a complaint is never shorter than two months from when they became aware of the defect. The final deadline for making a complaint about a defect is generally 2 years, but 5 years if the product is intended to last longer than is usual. Defective goods – remedies
Keep your receipts
To complain about a defect, the buyer must be able to prove the transaction. The simplest way to do this is to show a receipt.
The consumer's claims
The consumer can demand that the defect be remedied, a replacement delivery, a price reduction, cancellation of the contract and compensation, as well as withholding payment.
Only two attempts
The seller is not entitled to attempt to remedy a defect or deliver a replacement product for the same defect more than twice. After that, mediation with the District Commissioner may also be attempted, or the matter may be referred to the Complaints Committee on the Purchase of Goods and Services.
Inspection fee
A consumer may have to pay an inspection fee for fault analysis if no defect is found, but only if the seller has required this in advance and provided information about such costs.
Links of interest
Service provider
The Consumer Agency