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Circumvention of the law in dealing with complaints

What to do when businessman reject the claim as illegitimate, and yet the customer returns the claimed matter corrected on the grounds that the repair in order to ensure "maintain good relations with the customer"? It is possible to defend against it and not to come, for example, the right to a replacement or refund? Fortunately, yes.

"If the seller rejects the claim, the refusal must be justified not only in writing but also claimed product return customer in the state in which he took it," says the head of the counseling center dtest Luke Green and adds: "Recently a frequent nuisance unsound traders just formal rejection of the claim while returning repaired things, often referring to "maintain good customer relationships." chaining "voluntary" repairs on goods, however, allows merchants to avoid the legal obligation to settle the claim replacement or refund. Businessman thus circumventing the law to the claim management did not have a customer now or in the future to refund or change the goods for new, perfect. In addition, a "voluntary" patch also eliminates the only evidence available to the consumer in order to prove that the goods when claiming actually had a defect that trader Although not recognized, yet responsible for it. "

Although it seems that the consumer may be happy that the case is fixed and does not matter if it was a warranty defect or not, it is a practice that greatly harms the customer. If there is a defect in the purchased things for the guarantee, the right of the consumer to contact the seller or its designated service request and complaint settlement. In its written by a customer specifies a method of removing defects. Most often they are entitled to a repair, in case of unavoidable, repeated or multiple failures, then the exchange of goods, price reduction or withdrawal requesting a refund. If the consumer is entitled in accordance with the Civil Code and seller recognize the defect as the warranty is customer requirement bound.

Customer fortunately is not helpless against unsolicited repairs. The meeting, which is to circumvent the law, according to § 39 of the Civil Code is invalid. Luke Green commented: "The rejection of the claim, if the goods repaired at the same time, should take into account the consumer nor the courts for the enforcement of claims of liability of the seller for defects in the goods." Although the customer must in that case prove the existence of a defect in a claim can be conclude that the defect actually existed, if the trader is itself removed. Assistance could also Czech Trade Inspection, if proven circumvention complaint procedure assessed as a violation of § 13 or § 19 of the Consumer Protection Act and sanctioned by traders in administrative proceedings.

Source tz

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