You bought an item that stopped working after a few weeks. You are not sure whether you still have a right to a repair, a replacement, or a refund outright. The law gives you clear rights in this situation. It sets how long the warranty period lasts, what you can demand from the seller, and how to make a complaint.
Warranty, or rights arising from defective performance? What changed from 2023
Until recently, people commonly spoke of a "two-year warranty" on consumer goods. From 6 January 2023 the terminology was tightened. The Civil Code no longer uses the term "statutory warranty" for an ordinary shop purchase. It speaks instead of a right arising from defective performance. In practice this means the same for you as a consumer. If a defect appears in the goods, you can complain about it for two years from taking delivery.
A genuine quality guarantee is something else. It is a voluntary commitment by the seller or the manufacturer that the item will work as it should for a certain period. It is usually confirmed by a warranty card or by a longer period stated on the packaging. Such a guarantee goes beyond your statutory rights. It can be longer, but also narrower, for example covering only selected parts. Read what it actually promises. Nobody takes your statutory rights away by offering it.
How long the warranty period lasts and who has to prove what
You have the right to notify a defect that appears in consumer goods within 24 months of taking delivery. This time limit is the same whether it is a phone, shoes or a washing machine. The exception is used goods. You and the seller can agree to shorten it to as little as 12 months. It has to be an agreement, not a one-sided notice in the terms and conditions. Wear and tear matching previous use is not a defect.
Within those two years it also matters when the defect appeared. If it shows up within 12 months of the purchase, there is a presumption that it was already there when you took delivery. It is then for the seller to prove otherwise. After the first year the roles reverse. You have to prove that the defect already existed at the time of purchase and did not arise through your fault. That is why it pays to complain as soon as you notice the problem and to keep the proof of purchase, ideally a receipt or an invoice.
What rights you have when the goods are defective
The law distinguishes between a repair, a reasonable price reduction, a replacement, and withdrawal from the contract with a refund. Which of these rights you can exercise depends on how serious the defect is.
- Repairable defect – you are entitled to have the defect removed, and under Section 2169 of the Civil Code you choose yourself whether you want a repair or delivery of a new item without the defect. The seller may refuse your choice only if it is impossible or unreasonably costly compared with the other option.
- Recurring defect – if the same defect comes back even after a repair, you can under Section 2171 of the Civil Code ask for a discount, or withdraw from the contract and get your money back. The law does not say how many times it has to come back. For ordinary goods it may be enough that it is there a second time; for a car or expensive electronics, count on the seller getting one more chance. The old "three times and you’re out" rule (the same defect a third time, or at least three different ones) now applies only to purchases made up to 5 January 2023.
- Material breach of contract – for a defect that essentially cancels the point of the whole purchase, you do not have to wait for a repair and can demand a reasonable discount straight away, or withdraw from the contract. You cannot withdraw, however, because of a defect that is insignificant.
If the seller replaces the goods with new ones as part of the complaint, a new two-year period does not start from scratch under the prevailing reading of the amendment. It continues to run from the date of the original purchase. The Czech Trade Inspection Authority (Česká obchodní inspekce) adds that a definitive answer to this question will come only from court practice.
One practical right is easy to overlook. If you have not yet paid for the goods in full, you do not have to pay the rest of the purchase price for as long as the seller is not dealing with the complaint.
How long the seller has to handle the complaint
Under Section 19 of the Consumer Protection Act the seller must decide on the complaint and settle it no later than 30 days from when it was made, unless a longer period is agreed with you. If the seller misses this deadline, you can withdraw from the contract, or instead ask for a reasonable discount. Pick whichever suits you better in the situation. After withdrawal the seller refunds the money without undue delay after receiving the goods back, or after you show that you have sent them. No fixed fourteen-day deadline applies here. If the money does not arrive, you proceed as in the situation where an e-shop does not refund the money within 14 days: a request, and then a pre-action letter.
If the seller accepts your complaint and repairs the goods, your original warranty period is extended by the time spent handling it. If the repair took 20 days, the end of your two-year period shifts by those 20 days.
How to proceed step by step
- Describe the defect in writing. As specifically as you can – what happened, when you noticed the defect and how it shows.
- Attach proof of purchase. A receipt, an invoice or a payment statement is enough; a warranty card is not a condition.
- Make the complaint with the seller from whom you bought the goods, in person at the premises or by registered post.
- Insist on written confirmation of when you submitted the complaint. The 30-day period runs from this date.
- Watch the deadline. If they do not get back to you within 30 days or they reject the complaint without a clear explanation, you have the right to take the matter further, for example with a formal complaint or a pre-action letter.
What to do when the seller rejects the complaint
The seller must always give written reasons for rejecting a complaint. If they do not, or the reasons seem inadequate, you can turn to the Czech Trade Inspection Authority, the dTest advice centre, or write the situation up formally as a complaint addressed directly to the seller, or as a pre-action letter as the last step before court.
What to do next
Sellers react differently to a message in the style of "the goods broke, what now" than to a letter that names the specific defect, the date of purchase and the provision your claim rests on.
Legamik is not a law firm and does not provide legal advice. In complex disputes we recommend consulting a lawyer.