What if an inappropriate item is purchased from 15.03.2022.

We buy all kinds of goods everyday – clothing, footwear, household appliances, furniture, cars... There are cases where a defect appears on the item or service you just purchased - it doesn't work, it has a sewn-off seam, or it's incomplete assemblies.

The first thing to follow when buying a good or service always keeps a proof of business!

What if, however, the goods or services purchased are “not in conformity with the terms of the contract”, the laws and regulations prescribe a process for dealing with such situations.

Consumer rights issues are regulated in the Consumer Rights Protection Law. on March 15, 2022, amendments to the Consumer Rights Protection Law came into force.

The Consumer Rights Protection Law provides a new definition of conformity of goods with contract terms. . When assessing the conformity of a product with the terms of a contract, account must be taken both of what is stipulated in the contract and of what the consumer can reasonably expect of the product s..

It should be noted that the new definition of the product conformity contract terms will apply to purchases made as of 15 March 2022. . However, the previous version of the Consumer Rights Protection Law applies to purchases made until 14 March 2022.

Goods – movable tangible objects, also manufactured as a result of the service, for example furniture, clothing made to order.

A product with digital elements, a product that cannot function without digital content or a digital service and is sold with the support of digital software installed thereon or digital services included therein.

The consumer has the right to purchase goods that comply with the terms of the contract! The seller and the service provider shall be liable for any non-compliance existing on the date of purchase of the goods.

Take note! If the non-conformity of the goods has come to light within one year of the delivery of the goods, the burden of proof that the goods comply with the provisions of the contract shall be placed on the seller or service provider of the goods.

Information collected here:

• What should be the corresponding goods and services?
• Within what time limit should a merchant be approached for an inappropriate good or service?
• What can the consumer ask for?
• Dispute resolution

What must be the corresponding goods?

• The goods must correspond to the description given, the type, quantity and quality given, as well as functionality, compatibility, interoperability and other characteristics, as well as to the description and quality of the samples provided by the seller;
• The goods must be supplied with the specified accessories, instructions for use and updates provided for in the contract;
• The goods must be fit for the purpose for which they are normally used and for the purpose for which the consumer has chosen the goods and informed the seller thereof;
• The goods have been delivered with accessories, packaging and instructions that consumers can reasonably expect;
• The goods have characteristics and performances, including durability, functionality, compatibility and safety, which are normally the same type of goods and which consumers can reasonably expect, taking into account the nature of the goods and any public statements

Where a product with digital elements is purchased, the seller and the service provider must inform and ensure that the updates necessary to keep the product relevant for a specified period are delivered:

• The updates must be such as the consumer can reasonably expect, taking into account the nature of the goods and digital elements, the purpose for which they are intended, the circumstances and the nature of the contract where the contract provides for the single supply of digital content or a digital service;
• Where the contract provides for the permanent supply of digital content or a digital service within a specified period of time, the seller or service provider shall ensure the delivery of updates during that period in order to ensure that the product complies with the terms of the contract two years after the purchase of the product

Notice! If you have received information about the update and the need to install it with a clear installation instruction, but do not install updates within a reasonable timeframe, the vendor or service provider will not be liable for the resulting discrepancy!

The good is not inappropriate/poor quality if:

at the time of purchase, the consumer is informed that the product has a defect or non-conformity with the contract. You have the same right to the conformity and quality of the goods when the goods are sold at a discount.

when the passes the goods on to the consumer, the seller or service provider has a duty to give the consumer the opportunity to view or inspect the goods. . Uses this opportunity ! This will fix problems if the delivered item is not in full or even packed when shipped.

What should be the appropriate service?

Services which result in the improvement or modification of movable tangible property or its characteristics shall be appropriate and of an appropriate quality:

• the content, manner and result of the service correspond to what was agreed;
• the service is provided with professional care, taking into account the interests of the consumer;
• the service shall comply with the requirements justifiably imposed on such services.

Service is not inappropriate/poor quality:

• the discrepancy is due to materials supplied by the consumer
• Before the conclusion of the contract, the consumer was informed/knew whether the consumer could not have been unaware that the service did not comply with the terms of the contract

On consumer rights in the purchase of second-hand goods

The Consumer Rights Protection Law does not distinguish between consumer rights if a new or second-hand good has been purchased. . The Consumer Protection Law provides that the consumer has the right to apply to the seller within two years for non-compliance of the goods with the terms of the contract, both when a new product is purchased and when the consumer has purchased a second-hand product I.. Information provided by the seller regarding the filing of claims for a time period of less than two years in the case of acquired second-hand goods, for example within six months from the time of purchase, shall not be binding on the consumer.

Consumer rights specified in the Law also apply to second-hand goods!

At the same time, attention should be paid to the description of the second-hand product or information provided by the seller about the product. . The seller must inform the consumer before selling the second-hand product of any defects in the goods, if any, in the mail v.. On the other hand, if the seller has not informed the consumer of such defects, the seller shall be liable for the non-conformity of the goods with the provisions of the contract in accordance with the Consumer Rights Protection Law. .

The seller is liable for defects in the second-hand product if they have not been notified to the consumer!

must apply for an improper good or service within what time limit?

The consumer is entitled to apply for a claim regarding non-conformity of the goods or services within two years from the day when the seller or service provider has transferred and the consumer has accepted the relevant goods/property, or, if the goods have been given a commercial guarantee, throughout the time period indicated in the commercial guarantee.

The claim must be lodged within two months of the date on which the non-compliance was discovered by the consumer.

What can the consumer ask for?

If the goods purchased prove inadequate, the consumer has the right to request:

First, to rectify the non-conformity of the goods or to exchange the goods without consideration (including without the dispatch of the goods, reimbursement of work, MATERIALS and other costs) and within a reasonable time, unless this is impossible or disproportionate. . Account must also be taken of the nature of the product and the intended purpose of its use.

The consumer has the right to a reduction in the price or cancellation of the contract and repayment of money if the seller or service provider:

• the non-compliance has not been remedied within a reasonable time;
• the seller or service provider does not carry the goods in order to rectify the non-conformity or does not cover the costs thereof;
• the seller or service provider shall not disassemble the goods and install the corresponding goods;
• has not remedied the non-compliance despite efforts;
• has refused to remedy the non-compliance;
• has stated that it will not rectify the non-compliance or change the product within a reasonable period of time or cause significant inconvenience or is evident from the facts.

Similarly, the consumer is entitled to a reduction in the price or cancellation of the contract and repayment of the money if the non-compliance is so significant that it justifies an immediate request from the consumer.

If the non-conformity found for the product is minor, the consumer may not request reimbursement of the money. . The burden of proving non-compliance is on the seller and service provider!
When reducing the price or cancelling the contract, account may be taken of the wear and tear of the goods or of the benefits which the consumer has derived from the use of the goods and which have been agreed between the parties.

• If the product has been installed by the seller and incorrect or poor installation is the reason for the non-conformity of the product;
• If the product has been installed by the consumer following an incorrect (inaccurate) instructions for use,

THE goods are THEN

deemed to be non-compliant and the consumer has the right to request the seller to carry out the abovementioned activities.

Amendments to the Consumer Rights Protection Law strengthen the principle that the seller and the service provider are responsible not only for rectifying the non-conformity of the goods or the exchange of goods, but also for dismantling such goods, installing the corresponding goods and covering the costs related thereto, if the non-conformity has been discovered after the installation of the goods.

Pay attention! If you have purchased several related goods in one purchase, but the non-conformity has been determined only for one of them, you have the right to refuse not only the non-conforming goods, but also the other goods if they cannot reasonably be retained.

the consumer of the who has made partial payment of the goods is entitled to withhold payments not yet paid until the trader and the service provider have rectified the non-conformity of the goods. . The consumer must inform the seller or service provider of the payment suspension in writing!

If an inappropriate service has been received, the consumer shall first be entitled to request that the non-conformity be rectified free of charge. . If this is not possible, the consumer shall be entitled to a corresponding price reduction or cash refund. U.. (Consideration may be given to the benefits obtained by the consumer through the service and agreed upon by the parties).

Other services

in respect of other services, the consumer has the right to be provided in accordance with what has been agreed in accordance with professional diligence, as well as sectoral regulations such as security services, management services, financial services.


Digital content and digital services

Dispute resolution

If a dispute arises with the seller or service provider, it shall first be settled by negotiation in an attempt to reach an agreement, either orally or in writing.

The seller's obligation – to reply/offer to the solution – usually within 15 working days. The refusal must be justified.

If the dispute cannot be resolved, the consumer may refer:

• The Consumer Rights Protection Centre for assistance;
• An out-of-court dispute resolver in the relevant field, such as the public Utilities Commission, the Ombudsman of the Latvian Association of commercial banks, the Ombudsman of the Latvian Association of Insurers, etc.;
• In the Consumer dispute Resolution Commission, if the assistance provided to the Consumer Rights Protection Centre in resolving the dispute has not ensured the result and it is possible to convene the Commission in the relevant field;
• The court, including in accordance with the application initiating the simplified procedure.