Consumer Rights - When the Seller Says "The Warranty Does Not Cover That"
Since the Law on Protection of Consumer Rights came into force, consumers have tools that most sellers still do not know about, or know and assume the buyer will never use. Replacement and return of defective goods within two years, withdrawal from an online order without giving a reason, invalidity of unfair terms, agency fines and lawsuits without a court fee.
This page looks at consumer disputes from the angle a lawyer actually needs: which right applies in which situation, in what order (repair, replacement, price reduction, refund), where to complain and when court is worth it even for a small amount. Separately, the business side: how a lawyer protects a seller from an unfounded claim.
Updated · Practice area: Civil litigation lawyer
Which Right Applies Where - What the Law Requires Instead of What the Seller Promises
A "warranty card" and a statutory right are two different things. The card is the seller's voluntary promise; the statutory right applies without any card and nobody can restrict it.
The Path of a Consumer Dispute - From Complaint to Refund
Identifying the right and the deadline
Which regime applies: defect, distance withdrawal, service, package holiday; on which day the period started and how much is left. One day late kills the 14-day withdrawal; a defect claim has two years, but after 6 months the burden of proof shifts to the buyer.
Written complaint to the seller
With a specific demand (replacement, refund, price reduction), the article of the law and a deadline. A verbal complaint in the shop proves nothing; the letter is the first piece of evidence before the agency and the court, and most sellers give in at this stage.
Recording the defect
Photos, video, a service centre report, an independent expert examination in a contested case. The seller's "it is your fault" requires a counter-examination; in the first 6 months that cost falls on the seller.
Complaint to the National Competition Agency
The agency examines breaches of consumer rights, orders the seller to remedy them and imposes fines. It does not award individual damages, but its decision is strong evidence for court and an effective lever on the seller.
Lawsuit
A consumer claim is exempt from the court fee and is filed at the consumer's place of residence. For small amounts the procedure is simplified. The lawyer claims the full extent of costs and loss: shipping, expert reports, the cost of substitute goods.
You Are the Seller - How a Lawyer Protects Against an Unfounded Claim
The law protects the consumer, but not every demand. A buyer who used the product, damaged it and now claims a "defect"; an online order returned after 14 days opened and used; a service that was performed but the client "did not like it" - these are the cases where the seller needs a lawyer.
The foundation of the defence is documentation: a delivery act describing the condition, signed instructions and warnings, proof that the 14-day right was disclosed in distance sales (without it the withdrawal period extends to 12 months), photos and an act of the service result. The lawyer helps the business build its contract and procedure so that an agency inspection or a consumer lawsuit runs into documents.
In agency proceedings the seller has the right to present its position and to appeal a fine; the deadlines are short and a lawyer's involvement genuinely changes the fine amount and what becomes public.
The Numbers a Consumer Dispute Turns On
- 14 days
- Withdrawal period for distance and doorstep contracts, from receipt of the goods. Refund within 14 days of withdrawal. Where the right was not disclosed, up to 12 months.
- 2 years
- Period for defect claims from delivery of the goods. For second-hand goods the parties may reduce it to 1 year. The period is statutory and does not depend on the length of any "warranty".
- 6 months
- Presumption period: a defect appearing in this time is deemed to have existed at delivery unless the seller proves otherwise. After that the burden of proof is on the buyer.
- Reasonable time
- The period for repair or replacement is "reasonable" under the law, with no fixed number of days; the lawyer sets a deadline in the complaint so that the next step has a basis.
- Court fee 0
- A consumer protection lawsuit is exempt from the state fee, which makes even a small dispute economically sensible.
What to Keep for Every Significant Purchase - Before a Problem Appears
- Receipt, invoice or bank statement: the purchase date is the starting point for every deadline.
- Online order confirmation, a screenshot of the page with price and description, proof of delivery.
- Warranty card and instructions: the seller's promise adds to the statutory right, it does not replace it.
- Photos and video of the defect as soon as it is found, dated, and correspondence with the seller, chat included.
- A service centre or expert report on the nature and cause of the defect.
- For a package holiday: contract, itinerary, voucher, photos and correspondence on site the same day; proving it later is practically impossible.
Three Consumer Disputes
The phone broke after 4 months
The shop says "mechanical damage, not covered". Lawyer: the 6-month presumption, the seller must prove it; a written demand for replacement, a complaint to the agency. Typical result: replacement or refund before any lawsuit.
Furniture ordered online - size does not match
Seller: "we do not take back assembled items". Lawyer: 14-day withdrawal without a reason, plus a defect for non-conformity with the description. The seller never disclosed the withdrawal right, so the period is extended. Refund by court ruling, no fee.
From the business side - a consumer fine
The agency opened proceedings against an online shop for missing withdrawal information. Lawyer: presenting the position, voluntary remedy of the breach, correcting the website and contract. Result: a recommendation instead of a fine.
Questions About Consumer Rights
The seller says returns are only unopened and within 3 days. Is that right?
For defective goods, no: the statutory 2 years and repair/replacement/refund regardless of packaging. Returning flawless goods simply because you "did not like them" in a physical shop is not required by law; that is the seller's policy. For online purchases the 14 days apply, and opening the packaging to inspect is allowed.
Is a dispute over a 300-lari item worth it?
There is no court fee, the agency complaint is free and a written demand is often enough. A lawyer's involvement at this stage is frequently one consultation and one letter. Court is rarely needed for a small amount, but it is possible, and costs fall on the defendant if you win.
The package holiday fell apart: a different hotel, the excursion never happened. What can I claim?
The organiser is liable for every component of the package regardless of who performed it. Claim: the value of the undelivered services, alternative costs you incurred on site, and compensation if the holiday was substantially ruined. Recording it on site (photos, a written complaint to the representative) is decisive.
Bank, insurer, utility company: is that consumer law too?
Financial services have separate regulation supervised by the National Bank, with rules on unfair terms and disclosure there as well. Utilities fall under the energy regulator's rules. The lawyer determines which regulator and which law make the complaint effective.
The seller company has closed. Who do I claim from?
The defect claim lies against the seller, but a manufacturer's or importer's warranty obligation may exist separately; check the card and the brand's official service. For card payments a bank chargeback is an additional route with a limited deadline.
Lawyers for Consumer Rights Cases
A consumer dispute often ends with one correctly written letter; what matters is the right deadline and the right article. Within 15 minutes the coordinator connects you with a lawyer who knows consumer legislation and the agency's practice.
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Call: 568 330 318Defective Goods or Service? The Clock Is Already Running
In a free consultation the lawyer tells you which right applies in your case, how many days remain and what the complaint must say - the coordinator calls you within 15 minutes.