Who is liable for a defect?
A vendor is responsible for the goods they sell. If a product has a defect, the buyer has the right to claim compensation from the vendor. The buyer must complain to the vendor within a reasonable time after they detect the defect. The vendor company is always responsible for rectifying defects. This is why you should first report the defect to the vendor. The importer or manufacturer may also be liable for the defect.
Vendor’s, importer’s and manufacturer’s liability for a defect
The company that sold the goods is primarily responsible for providing compensation for a defect. The vendor cannot ask the consumer to agree on repairs or other compensation with the importer or the warranty service provider.
Even if the vendor is primarily responsible for the defect, the consumer may also file a complaint with the importer or manufacturer if they wish.
However, it is advisable that the consumer first attempts to resolve the problem with the vendor who is the other party to the sales contract. If the matter needs to be taken to a higher level in the supply chain, the consumer should address any claims to the importer, who represents the manufacturer.
The manufacturer or importer is not liable for a defect caused by reasons they cannot control after the goods were delivered to the retailer.
The liability of the previous level in the supply chain also applies to second-hand goods. A precondition for this liability is that a company hands over second-hand goods to another company for resale; for example, car dealership A hands over a used car to dealership B, which sells the car to a consumer. In this case, the consumer can also make demands to dealership A.
The buyer of second-hand goods may only make demands to the manufacturer or importer of the goods if the warranty given by them is still valid.
Broker’s liability
If there is a defect in goods, services or digital content, the consumer may also demand compensation from the company that brokered the sale. If the vendor is a private person, the company that brokers the sale (broker company) is always liable for a defect under the Consumer Protection Act. If the vendor is another company, the broker is not liable if the consumer has been at the time of sale clearly informed of the fact that only the company selling the goods (vendor company) is responsible for fulfilling the contract.
Different rules apply to a real estate agent’s liability. Read more: The real estate agent’s liability
Creditor’s and operator’s responsibility
If you paid with a credit card, you may also request a refund from the creditor. For example, you can turn to the creditor if the company does not deliver your purchase, you have been billed incorrectly for your purchase, or the product has a defect for which the vendor is liable and the vendor refuses to provide compensation. The creditor has no obligation to refund a sum larger than the one paid to the credit card company.
If you paid with a debit card, you may request the card company to refund you for purchases made with this card if the company’s terms and conditions specify this.
If your purchase has been charged to your phone bill, you can always request a refund not only from the vendor or service provider but also your operator.
For example, you can contact the operator if the company does not deliver your purchase, you have been billed incorrectly for your purchase, or the product has a defect for which the vendor is liable and the vendor refuses to provide compensation. The operator has no obligation to refund a sum larger than the one paid to the operator.