Submitting a claim
If you have maintained the purchased goods correctly, but they show a defect, you have the right to submit a complaint to the trader within two years from the date of purchase, if it can be assumed that there is a manufacturing defect.
In the case of consumer sales, the seller is liable for the non-conformity of the product with the terms of the contract, which becomes apparent within two years from the time of the purchase. It is presumed that the lack of conformity with the terms of the contract, which became apparent within one year from the date of delivery of the product to the buyer, existed at the time of purchase of the product, unless such a presumption is incompatible with the nature of the product or the defect.
The seller is not liable for the non-compliance of the product with the terms and conditions of the contract if the buyer knew or should have known about the non-compliance of the product with the terms and conditions of the contract at the time of concluding the contract (§ 218 (4) of the Law of Obligations Act).
If it turns out that the goods have a manufacturing defect, the trader must repair or replace the item. If the repair fails and replacement is not possible, the consumer has the right to withdraw from the contract, i.e. to return the product and receive a refund, or, if the buyer wishes, the trader can also reimburse the amount in gift cards.
The basis for submitting claims is a purchase receipt that the buyer got from Eesti Juveel store or an order confirmation when buying from an online store. The claim must be submitted no later than within two months from the discovery of the deficiency.
The claim must be submitted in writing.
If the goods were purchased from Eesti Juveel store, the claim form is issued in the store.
You can find the claim request form by logging into the website and clicking the "My Account" section. If you do not wish to log into the website, please notify us of your request through the "Contact Us" form, which can be found at the bottom of the website in the footer under the "My account" section.
If the seller has a reason to doubt whether the defect in the goods is due to a production defect or it was caused by the customer, the causes of the error will be proved by experts. In the first six months after the purchase, the obligation of proving the reasons for the defect lies with the seller, later the seller and buyer must find out the reasons for the defect together.
The online store will respond to the consumer's complaint in writing or in a form that can be reproduced in writing within 15 days.
If the seller does not respond, refuses to resolve the complaint or the customer does not agree with the solution proposed by the seller, one may file a complaint with the Consumer Protection Board.
Disagreements between the customer and the seller shall be resolved by negotiations. In case of failure to reach an agreement, the customer can turn to the Consumer Disputes Committee. The terms of the procedure can be examined and the application can be submitted in the following link: Consumer Disputes Committee | Consumer Protection and Technical Regulatory Authority (ttja.ee). The Consumer Disputes Committee is competent to resolve disputes arising from the contract concluded between the customer and the seller. The consideration of the client's complaint by the commission is free of charge.
If the client is not satisfied with the decision of the Consumer Dispute Committee, the client may turn to the European Union Consumer Dispute Resolution Platform.
Sources used:
Consumer Disputes Committee | Consumer Protection and Technical Regulatory Authority (ttja.ee)
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