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Where to claim the goods when the seller is extinguished?

Where to claim the goods when the seller is extinguished? Where you can complain about faulty goods if the seller notifies the termination of activity, leaving the country or simply go bankrupt? Who will take over his responsibilities? It always depends on what type of exit from the market in question.

Recently announced the departure from the Czech market Baumax DIY chain, while consumers informed whether the claim applied to the closure of establishments. But what about the things that will break later? "The seller is responsible for its obligations until last and alone there," says Milos Borovicka legal adviser Dtest, adding: "For consumers, it gets more complicated, but still can claim, for example, at headquarters. But there, unlike establishment may not always be the worker, who is obliged to accept the complaint and write a report. "Head addition to certain types of complaints may not even be adapted, thereby also complicate the complaint. If the vendor information, where they can claim have communicated properly, can the Czech Trade Inspection get up to three million-dollar fine.

Complaints do not even need to apply in person, the law does not require. "Just send an e-mail or letter, describe defects, attach photographs and invite the company, whether the customer tells where the goods to bring back," said Juniper and advises: "If you hear, runs thirty-day time limit for processing, after which the customer has the right to withdraw from the contract. "but if the dealer prompts the consumer to refer the matter sent to the claim settlement period will be halted and the customer must ship the defective goods to the trader. It has of course after a successful claim a right to the reimbursement of costs, in connection with the claims incurred.

Another situation occurs when the company's demise. It depends on how it will concretely. "It is normal that one company buys another and called. Merge, thus combined," says Juniper and explains: "Then the liabilities of the original company mostly transferred to the new as the legal successor. Creditors, including customers, should not be affected by the change of ownership. "

The worst option for the consumer's bankruptcy and insolvency proceedings. The right to repair the goods or refund theoretically exists, but in practice consumers bring more trouble than good. Similar is the case that the company ceases to exist disposal


Source: tz dTest.cz



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