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In 15 minutes The reader, whose company is known (the name is known to the editorial board – aut. Past.), Encountered problems when the phone failed. The company bought a mobile phone from Pigu.lt 1.5 years ago and thought that, like other customers, the phone has a 2-year warranty.
“The phone broke down last week, it won’t even turn on. Obviously if there is a broken phone and the warranty period is still valid, you will always be asked to check or repair a new phone. We contacted the sellers and even though they specify a shorter warranty period, 6 months, we request a warranty in accordance with the law, “he said.
The reader said she had received a response that her business would be covered by a 6-month commercial warranty provided by the manufacturer. Consequently, only natural persons can claim a guarantee period of 2 years.
“They are arguing their response under the Consumer Rights Law and the European Union Directive, which defines the concept of consumer,” he said.
But the woman assures him that she will not give up. He bases his arguments on the Civil Code.
“We are not talking about a commercial guarantee, it is a legal guarantee, although it is not mentioned anywhere,” he said.
2-year warranty – only after an exam
Meanwhile, Pigu.lt representative Raimonda Strazdauskaitė 15 minutes stated that the client had been contacted many times, both by phone and by email. by mail to explain in a detailed and coherent way all the terms of the contract and the legislation on which the situation is based.
“The customer who contacted you represents the company. The product was purchased on behalf of the company, so the sales contract was signed between two legal entities (that is, the buyer and the company). In this case, as indicated in the terms of the contract, legal entities are covered by a 6-month product quality guarantee ”, he explained.
Photo “Pigu.lt” / shop “Pigu.lt” “CUP”
However, for this reason and in accordance with article 6,363 of the Civil Code, at the end of the 6-month period, the legal entity must prove that the defects in the quality or assembly of the merchandise occurred at the time of delivery or due to fault manufacturer.
“In this case, to assist the customer in good faith, we can arrange for the product to go to warranty service and have it inspected by specialists. If the results indicate that defects in product quality are due to the fault of the manufacturer, not the user, then we can continue to communicate about the replacement or return of the product.
We always encourage clients to read the contract carefully, remind them to familiarize themselves with all its terms, so when concluding a sales contract, we consider that the client is satisfied with the terms, so we rarely receive such complaints. 15 minutes R.Strazdauskaitė commented.
SCRPA protects only natural persons
Delving into the problem 15 minutes the reader discovered that consumer rights institutions do not protect the rights of legal persons. This was also confirmed by Natalija Jarmulkovič, Senior Advisor in the Public and International Relations Division of the State Service for the Protection of Consumer Rights (SCRPA).
According to her, the Consumer Protection Law defines the concept of consumer: “A consumer is a natural person who, for purposes not related to his business, trade, trade or profession (for consumer purposes), seeks to enter into or conclude contracts “.
«A contract must be classified as a consumer if it has the following essential characteristics: first, the goods or services are acquired by a natural person; second, a natural person acquires goods and services not for their economic-commercial or professional activities, but for their personal, family and home needs; third, the goods or services are provided by an entrepreneur, ”explained N. Jarmulkovič.
Therefore, a contractual relationship between legal persons cannot be classified as a legal consumer relationship. In such a case, the dispute between the legal persons must be resolved by agreement of the parties, and in the event that the parties do not reach an agreement, the injured party may seek legal redress for their allegedly infringed rights.
“The State Service for the Protection of Consumer Rights (SCRPA) receives up to 5 percent. Requests from legal entities (for example, goods not received, goods not delivered, etc.), but in accordance with the provisions mentioned above, SCRPA legislation does not authorize the resolution of disputes between two legal entities, therefore, such requests will be rejected ‘, 15 minutes N.Jarmulkovič commented.
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For businesses: a “smart” warranty period
Meanwhile, Triniti Jurex’s lawyer, Akvilė Bužinskaitė 15 minutes He explained that the seller can set the warranty period for a person who intends to use the item for his business needs (entrepreneur, legal person).
“The warranty period should not be ‘any’, but reasonable. Even if the seller sells the product to a legal person / entrepreneur, there is an obligation to sell a quality item, as well as to guarantee its quality for a period of time determined in good faith. For example, selling a phone, saying its quality warranty period is 7 days would not be a very fair time frame. As a general rule, manufacturer recommendations or manufacturer warranties are also they take into account when establishing the warranty periods ”, he explained.
It is true that A.Bužinskaitė drew attention to a provision of the Civil Code. According to him, if the warranty period is less than 2 years and the defects of the item are determined after the expiration of this period, but not more than 2 years from the date of delivery of the item, the seller is responsible for the defects. from the article. If the buyer proves that the defect occurred before the delivery of the item or for reasons that arose before the delivery of the item, for which the seller is responsible.
A.Bužinskaitė also confirmed that the Consumer Rights Service does not protect entrepreneurs. In this case, the entrepreneur must negotiate with the seller, and in case of disagreement, the dispute is resolved in court. Why is that?
“A natural person who buys goods for his personal use (consumer) is generally considered the weakest party (due to his lower economic power, lack of specific knowledge, etc.). To ensure that consumers do not suffer from unscrupulous merchants, consumer rights are tightened, with more binding rates for sellers and less room to agree or establish conditions unilaterally, “he explained, and advised to pay attention to the guarantee conditions offered. a company before buying. seller of an item.
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