Goods – movable tangible matter, including those manufactured as a result of the service, such as furniture, clothing manufactured on order.
The consumer has the right to purchase goods in conformity with the terms of the contract! The seller and the service provider shall be responsible for any non-compliance existing on the date of purchase of the product.
Information collected here:
- What are the goods supposed to be?
- At what time should an inappropriate product be addressed?
- What can the consumer ask?
- Dispute settlement
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The goods must possess the characteristics and performance normally of the same type of goods (good quality) and can reasonably be expected by the consumer. Take into account the nature of the goods and the statements on the characteristics of the goods and the price of the goods
A statement that shoes are water resistant, but they die and unfold in a small rain
- Goods must meet safety requirements
- The goods must conform to the information provided on their labelling or advertising and to the description provided (including the oral description of the seller)
- The goods must be valid for the purpose for which these types of goods are normally used, as well as for any purpose for which the consumer has chosen and informed the seller
The product is not inappropriate/poor quality if:
at the time of purchase, the consumer knew or could not not be aware of the non-conformity of the product, for example, at the point of sale, there was clear information about the product in question that it had a certain defect. You have the same right to the match and quality of the goods when the item is sold at a discount
Announcement of a specific product defect at the point of sale (for example, a button has failed for clothing)
- non-conformity occurred due to materials supplied by the consumer, such as a defect caused by a product manufactured from consumer materials due to its deficiencies
- normal wear or wear of the product shall not be regarded as a defect
- use of the product without following the instructions for use, warnings
For example, a water-resistant watch is used when bathing
When transferring the goods to the consumer, the seller is obliged to give the consumer the opportunity to inspect the goods. Takes advantage of this opportunity! This will avoid problems if the delivered product is broken, not fully packed or not even put in the delivered product.
Services which result in an improvement or modification of a movable physical file or its characteristics must be of adequate quality:
- the content, nature and outcome of the service shall correspond to what has been agreed upon
- service provided with professional care, taking into account the interests of the consumer
- the service complies with the requirements that are reasonably required for such services
The service is not inappropriate/poor:
- at the time of the purchase, the consumer knew or could not be aware of the non-compliance, for example, the point of sale provided clear information about the product in question that it had a certain defect.
- non-conformity occurred due to materials supplied by the consumer, such as a defect caused by a product manufactured from consumer materials due to its deficiencies
- normal wear or wear of the product shall not be regarded as a defect
- use of the product without following the instructions for use, warnings
The Consumer Rights Protection Law does not make a distinction between the consumer's rights if a new or used product has been purchased. The Consumer Rights Protection Act provides that the consumer has the right to turn to the seller for two years regarding the non-conformity of the goods with the terms of the contract, both when a new item has been purchased and if the consumer has purchased a second-hand item. The information provided by the seller regarding the application of claims for a period of less than two years if the purchase of a second-hand item, for example within six months from the date of purchase, is not binding on the consumer.
Consumer rights under the law also covered second-hand goods!
At the same time, attention should be paid to the description of the used item, or to the information provided by the seller on the item. The seller must inform the consumer of any defect in the product, if any, prior to the sale of the used product. On the other hand, if the seller has not informed the consumer of these defects, the seller shall be responsible for the non-compliance of the product with the terms of the contract in accordance with the Consumer Rights Protection Act.
The seller shall be responsible for defects in a second-hand product if they have not been notified to the consumer!
The consumer is entitled to apply for a claim regarding the non-conformity of the goods or service within a period of two years from the date on which the seller or service provider has transferred and the consumer has accepted the relevant goods/case, or, if the goods have been granted a guarantee, within the period specified in the guarantee. The term of the guarantee should not be less than two years (unless other essential benefits to the consumer are promised in the short term or a component is usually characterised by a more rapid deterioration). The guarantee cannot shorten the legal deadline for claiming the claim.
The claim must be lodged within two months of the date on which the consumer has discovered the non-compliance.
- If the goods purchased prove to be inappropriate, the consumer shall have the right to request:
First, in order to eliminate, without consideration (including without reimbursement of the goods, work, materials and other costs) and within a reasonable time, the non-conformity of the goods OR to exchange the goods, except where this is not possible or disproportionate. Account should also be taken of the nature of the product and of the intended purpose of its use.
- Where the elimination of non-conformities is not carried out within a reasonable time or does not exchange the goods without inconvenience, the consumer shall have the right to:
- price undercutting
- cancellation of the contract and repayment of the cash (unless the non-compliance is minor and cannot have a significant impact on the possibility of using the goods).
- In reducing the price or cancelling the contract, account may be taken of the depreciation of the goods or of the goods benefiting from the consumer's use of the goods and agreed between the Contracting Parties.
- If, the goods have been set up by the seller and incorrect or poor quality installation is the reason for the non-conformity of the goods.
- If the goods have been installed by the consumer following an incorrect (inaccurate) user guide,
THEN
the goods shall be regarded as ineligible and the consumer shall have the right to require the seller to carry out the abovementioned activities.
If an inappropriate service has been received, the consumer shall first be entitled to request that the non-conformity be rectified without reimbursement. If this is not possible, the consumer shall be entitled to a corresponding price reduction or refund. (may take into account the benefits obtained by the consumer through the service agreed between the Contracting Parties).
Other service activities
For other services, the consumer has the right to be provided in accordance with the arrangements agreed for professional care, as well as sectoral regulation, such as security services, management services, financial services.
In the event of a dispute with the seller or service provider, it must first be negotiated by means of an oral or written agreement.
The salesperson's obligation to respond/quote for a solution is usually within 15 working days. The refusal must be justified.
If the dispute is not resolved, the consumer may turn to:
At the Consumer Rights Protection Centre following assistance
- At an out-of-court dispute Solver for the relevant field, such as the Public Service Regulator Commission, the Ombudsman of the Latvian Association of Commercial Banks, the Ombudsman of the Latvian Association of Insurers, etc.
- In the Consumer Dispute Settlement Commission, if the assistance provided by the Consumer Rights Protection Centre for the settlement of the dispute has not delivered a result and it is possible to convene a commission in the relevant field
- Courts, including under the Small Claims Procedure