For consumers who concluded contracts by 31 December 2022

The entrepreneur shall be liable under the Civil Code to the buyer if the item sold has a physical or legal defect (statutory warranty). The entrepreneur shall be liable for statutory warranty in case of a physical defect which is discovered prior to the lapse of two years from the date on which the buyer was provided with the item.

During the one-year period of the seller’s liability, there is a presumption that the detected defect or its cause already existed at the time of sale. In such a situation, the entrepreneur must prove that the defect was caused by the consumer’s fault.

If a defect is noticed at a later date, i.e. between 13 and 24 months after delivery of the item, the consumer shall prove that the defect of the goods existed at the time of purchase - e.g. it is the result of the use of low-quality materials, incorrect production, or incorrect operating or maintenance instructions.

The entrepreneur shall be released from liability under the statutory warranty if the consumer knew about the defect at the time of concluding the contract, e.g. the goods were sold at a reduced price due to a specific defect. This particular defect will not be eligible for a complaint, however, if another defect unknown to the consumer at the time of purchase is discovered, the goods may then be subject to a complaint.

The buyer may exercise the rights under a statutory warranty for defects regardless of the rights resulting from the warranty. The exercise of the rights under the warranty shall not affect the entrepreneur’s liability under the statutory warranty. However, if the buyer exercises the rights under the warranty, the time limit for exercising the rights under the statutory warranty shall be suspended from the date on which the entrepreneur is notified of the defect. That time limit shall be resumed from the date on which the guarantor refuses to fulfil the obligations arising from the warranty or the ineffective expiry of the time for its performance.

For consumers who concluded contracts on 1 January 2023 and later

The entrepreneur shall be liable under the Consumer Rights Act towards the buyer if the goods sold do not comply with the sales contract. If the goods do not comply with the contract, the buyer may submit a complaint to the entrepreneur and may request its repair or replacement and - under the conditions specified in the Consumer Rights Act - may submit a statement on reduction of the price or withdrawal from the contract. The entrepreneur shall be liable for non-compliance of the goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the goods’ shelf life, as determined by the entrepreneur, its legal predecessors or persons acting on their behalf, is longer. The buyer may exercise rights due to non-compliance of the goods with the contract regardless of the rights arising from the warranty. The exercise of the rights under the warranty shall not affect the entrepreneur’s liability in the event of non-compliance of the goods with the contract. However, if the buyer exercises the rights under the warranty, the time limit for exercising the rights arising from non-compliance of the goods with the contract shall be suspended from the date on which the entrepreneur is notified of the non-compliance of the goods with the contract. That time limit shall be resumed from the date on which the guarantor refuses to fulfil the obligations arising from the warranty or the ineffective expiry of the time for its performance.