Who is the consumer, seller/service provider?

A consumer, as defined in Article 3, is either a natural or legal person who receives, uses or benefits from goods or services for purposes that are not related to his profession or commercial activities. According to Article 3, a seller can be either a natural or legal person who provides goods to the consumer as part of his job, including any public legal entity. Supplier means any natural or legal person who provides services as part of his job/business/trade/profession to a consumer.

Goods means any movable property subject to purchase or sale, immovable property for residential or vacation purposes and any software, audio, visual or other intangible goods intended for use in the electronic environment where service is defined as any activity, other than the supply of goods, performed for the payment of a fee or consideration.

Defective goods

According to the Consumer Law defective goods are: Goods which contain, material, legal or economic deficiencies which influence the quality, or the quantity that affects the quality, specified on the packaging, labeling, presentation or operating instructions, or in the advertisements or notices, or declared by the seller or established in the standards or technical regulations, or decrease or eliminate its value or the benefits expected from such product by the consumer with respect to fitness, shall be deemed as defective.

Let's assume that you buy a refrigerator. The seller did not inform you of any problems concerning the refrigerator. You start to use it and then you realize that it does not cool properly. In this situation, you should notify the seller about the defect within 30 days of the date of delivery. In addition, the Consumer Law states that: "the statute of limitations for responsibility for defective goods is two years following the delivery of the goods to the consumer, even if the defect appears later, unless those responsible for the defect under the Consumer Law have undertaken responsibility for a longer period. The statute of limitations is five years for immovable properties used for residential or vacation purposes." The statute of limitations shall not be applied if the seller is concealing any defect through his gross negligence or fraud.

When you notify the seller of a defect, you have four options to claim against the seller, which are: (i) rescind the contract with a refund; (ii) replace the product with a new one; (iii) get a reduction in the price proportional to the defect; or (iv) get it repaired free of charge. The manufacturer, seller and distributor are jointly and severally responsible for these options; an importer is also responsible if involved.

If you notify the seller of the option you choose but the seller fails to comply and fulfill your claim, you should apply to either the Arbitration Committee for Consumer Problems or the Consumer Court.