Consumer Claims and Complaints
Was your complaint rejected, or are you not sure whether it is justified in the first place? I advise on deadlines, proving the defect, and where to turn if you cannot reach an agreement with the trader.
Free consultation →What I will do for you
Complaints are often rejected simply because the consumer does not know exactly what they can demand from the trader, or within what deadline. I will help you formulate and document your claim correctly, and if the trader does not act according to the law, I will provide a firm defense.
- ✓Assessing whether the complaint is justified
- ✓Drafting the complaint and communicating with the trader
- ✓Defense against a wrongfully rejected complaint
- ✓Filing a petition for out-of-court dispute resolution with ČOI
- ✓A lawsuit for performance if the dispute is not resolved out of court
- ✓Representation in disputes with services as well as online stores
Complaint, warranty, or rights from defective performance?
The Civil Code no longer formally uses the term "warranty", but instead speaks of "rights from defective performance". In everyday speech, however, warranty and complaint are still used, and mean the same thing: the right to require the trader to remedy a defect in the goods or service. The terminology differs, the claim stays the same, you just need to know which specific deadlines and conditions apply to your case.
Rights from defective performance after the 2023 amendment
The basic period during which you can assert a right from a defect in consumer goods remains 24 months from receipt (Section 2165 of the Civil Code), the amendment did not change this. What did change is the so-called presumption of defect, the rule on who, in the event of a dispute, has to prove whether the defect existed already at the time the goods were received.
The amendment (Act No. 374/2022 Coll.), effective from 6 January 2023, extended the presumption of defect from the original 6 months to 12 months from receipt (Section 2161 of the Civil Code). In practice this means:
- ✓if the defect appears within 12 months of receipt, it is presumed to have already been there at the time of purchase, and it is up to the trader to prove otherwise
- ✓if the defect appears only after 12 months, but still within the 24-month period, you must prove the defect exists yourself, typically with an expert opinion
The presumption does not apply if this is excluded by the nature of the item or the defect, for example obvious wear and tear caused by your own use. Traders often invoke this exception even where it does not apply, so it is worth having a rejected complaint reviewed.
The 30-day deadline for dealing with a complaint
The trader must decide on the complaint and deal with it no later than 30 days from when it was made, unless you agree a longer period with them (Section 19 of the Consumer Protection Act). Dealing with the complaint includes not only the decision on whether it is justified, but also actually carrying out the repair, replacement, discount, or refund.
Letting the 30-day period pass without action is considered a material breach of contract. This means that instead of waiting further, you can withdraw from the contract or demand a reasonable discount on the price, without having to wait to see how the trader eventually decides.
Who will handle your case
Ing. Mgr. Tomáš Beneš
Attorney registered with the Czech Bar Association, based in Prague.
Law degree from Charles University. I focus on business law, real estate and employment disputes. I handle every case personally, no assistants.
More about me →How we will work together
Describe your case
Fill in a short form or send me an e-mail. A few sentences about what happened and what you need to resolve are enough.
Send your documents
Attach the relevant documents (contracts, correspondence, notice of termination…). I accept everything securely online.
We'll discuss it by phone
I will study your case and call you within 48 hours with a proposal for the specific next steps, including the price.
You'll receive the solution by e-mail
You will receive the contract, filing or legal analysis by e-mail. Everything is done quickly and without unnecessary meetings.
Complaint rejected: what next
A rejected complaint is not the end, just the next step. I recommend proceeding gradually:
- ✓request a written justification for the rejection, the trader is obliged to issue one
- ✓consider an expert opinion, in disputes handled through ČOI the trader will reimburse its cost if the opinion confirms the complaint was justified
- ✓file a petition for out-of-court dispute resolution with ČOI, or go straight for a lawsuit, depending on the complexity and value of the dispute
You can find a detailed guide to each of these steps in my Consumer Claims and Withdrawal guide. I am happy to assess your situation and tell you honestly what your realistic chances of success are before you invest more time and money in the next step.
ČOI and out-of-court dispute resolution (ADR)
Alongside its supervisory role, the Czech Trade Inspection Authority also handles out-of-court resolution of consumer disputes (ADR) under the Consumer Protection Act. A petition can be filed no later than 1 year from the day you first contacted the trader about the complaint.
Proceedings are free for the consumer and must be concluded within 90 days of being opened, for particularly complex disputes this period can be extended by a further 90 days. The outcome of the proceedings is not binding like a judgment, but in practice many traders respect it, since it is a faster and cheaper route than a court dispute.
In disputes over rejected complaints, proving the existence of the defect is often key, ČOI therefore frequently proposes that the parties obtain an expert opinion as a basis for the further decision.
When a lawsuit is the answer
If out-of-court resolution does not lead to an agreement, or the dispute requires an authoritative decision, typically on the amount of damage or the technical cause of a defect, a lawsuit remains. The court can order its own expert evidence and rule on the claim in a binding manner.
If you win the dispute, the court will generally award the costs of proceedings (the court fee and the lawyer's fee) against the other party. Before filing a lawsuit, I will always discuss with you the realistic chance of success and whether it is worth trying an agreement one more time, a lawsuit should be the last step, not the first.
Need advice?
Describe your case. You will get a concrete answer within 48 hours, completely free of charge.
Free consultation →