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dTest: What to do when a Christmas present has a defect

It's unfortunate, but it can happen that the gift you find under the tree does not work or has defects. Can the complaint in the shop deal with the donor as well as the gift? How to maintain when the gift comes from a sale or a discount event? And how about vouchers or vouchers on goods when they expire?

Gift Complaints do not differ significantly from complaints of undelivered goods. The problem is that the vendor may want to prove that the goods are bought with him and that he is under warranty. Usually, you can not do without a receipt or direct help from who you received the gift from.

Warranty or liability for defects is part of a sales contract between the seller and the buyer. "The right to claim is exclusively a donor. In practice, nobody usually checks the identity of the person who claims the case if he brings all the papers. Often it does not work. Otherwise, this is the case for e-shops that know the identity of their customers, and they may require credentials. Most often, a receipt or invoice is sufficient, "says Lukáš Zelený, head of the legal department of consumer organization dTest.

In order to be well prepared and to prevent the problems, it is best to refer to the alien's right to complain ("I, the donor, I am proceeding to claim the gift ...") or write a power of attorney to apply the right of responsibility for defects ("I, the donor, gifted to handle everything related to the specific claim of the case and to accept possible fulfillment ... "). "It may happen that the claim is successful, but the money for an unprofitable product comes to the account of the donor from which the goods were paid. Prevent this when writing a complaint log or just crediting from the buyer. Advice and patterns on complaints can be found on our website . You can contact us at the dTest advisory line at 299 149 009, "recommends Lukáš Zelený.

And what if the donor bought a gift in the sale or in action? Disbursed goods are only priced from the unpaid. The sale must never impair the service provided to the customer or limit its legal rights, including the possibility of claiming defects in the goods. Solving any problems should be the same as ever. The only exception is the situation where you consciously purchase defective, defective or damaged goods. This has to be discounted, and it is logical that the fault for which the customer received a discount and knew about it from the beginning is not claimable. For example, if you buy a bad zip jacket with the zip you replace yourself, you can not come back in the month and claim the jacket for this defect, "explains Lukas Zeleny.

If you've got a voucher or voucher for the goods, check its validity. If you miss the date given on it, the vendor may not provide anything, the voucher simply fails. Although it seems unfair, the Supreme Court of the Czech Republic has already decided in favor of vendors and compared the voucher to yogurt. It is up to the customer to eat it, or to leave the date of consumption.

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