From 1 November 2008, new consumer protection laws will come into force in Slovakia.
The new law introduces:
a new complaints procedure
- a modification of with whom rests the obligation to indicateproduct information
- a change in the scope of minimum product information
- a requirement to withdraw products from sale when they reach their expiry date, and
- alignment of the customer protection laws with other laws related to dual pricing and the introduction of the euro.
Complaints procedure
Key features of the complaints procedure include:
- requiring the seller to notify the consumer of his statutory right to complain.
- requiring the seller to decide in certain delays how to resolve the customer's complaint (product repair or replacement, money refund, price discount, justified complaint dismissal)
- requiring the seller to resolve the customer’s complaint within a delay of 30 days, in which he has to not only decide on the mode of the complaint resolution but also resolve it
- entitling the customer to withdraw from the contract or have his product replaced by a new one if the seller fails to resolve the complaint within the 30-day period
- allowing the seller to reject customer complaints made within 12 months of purchase only on the basis of an expert appraisal (the costs of which must be borne by the seller regardless of the reason and the outcome)
- allowing the seller or other person handling the complaint (such as a service center) to reject a complaint without arranging for an expert appraisal if it is made more than 12 months after purchase but still within the 2-year warranty period provided by the Civil Code. However, the seller must inform the consumer of his right to send the item for expert appraisal in the complaint settlement certificate and, if the customer elects to do so, must bear the cost of any such appraisal regardless of the outcome
- although the seller has the right to choose the expert, the consumer can also require the product to be sent to one or more others for appraisal and, once again, the seller will be obliged to bear the cost as long as the person carrying out the appraisal is an expert as designated by law. This now includes persons authorized by the manufacturer to carry out warranty servicing
- where the expert appraisal establishes that the seller is liable for the defect, the customer may recommence the complaint procedure and the seller must not reject the complaint
These changes are aimed at protecting sellers who sometimes upheld unjustified complaints, since it was cheaper than sending the product away for an expert appraisal. The seller is obliged to do so by himself only within the first 12 months, in the following 12 months of the warranty period, it’s the customer who needs to request for an expert appraisal to be carried out, transforming the seller’s obligation into a customer’s right.
Product information
All products must still contain accurate and complete information on product features but, whereas previously the obligation only rested with the product manufacturer or importer, now it is primarily the manufacturer’s obligation, secondarily the importer’s obligation and only subsidiarily the supplier’s obligation to provide the information where the manufacturer and importer have failed to do so. In reality, this change should prevent information that is important for the seller to be purposively changed.
Manufacturer details
The seller is still obliged to ensure that the products he sells are clearly marked with information on the manufacturer; at the same time, he has the right to include information on the importer and supplier.
Expired products
Sellers were required to withdraw products from sale after they have expired but now, they must do so no later than the last date of consumption.
Price labeling
Changes concerning the introduction of the euro and dual pricing that were introduced by other statutory regulations are now transposed into the area of customer protection, including (amongst others):
- sellers’ obligation to display prices in both Slovak korunas and euro
- sellers’ obligation to differentiate between the sale price and unit price,
sellers’ obligation not to increase prices to reflect any costs and expenses related to the euro's introduction
