Legal advice

Does the seller have to return my money if he sells a poor quality product, and in what time frame does the seller have to respond to my claim?

16.01.2024 Aleksandrs Koposovs, the member of the board

Yes, he is obliged, but upon the occurrence of certain conditions that are provided by the Consumer Rights Protection Law of Latvia.

A consumer to whom has been sold a low-quality product has the right to demand that the seller performs one of the following actions:

  • eliminate the non-compliance of the goods with the terms of the contract;
  • exchange the product for a new one;
  • reduce the price of the product;
  • cancel the contract and return the money for the goods.

First, the consumer has the right to choose whether the seller eliminates the non-compliance of the product with the terms of the contract or exchanges the product for a new one.

The consumer has the right to demand that the seller reduce the price of the product or cancel the contract and refund the money paid for the product, if:

  • the seller has not eliminated the non-compliance of the product with the terms of the contract within a reasonable period of time or has not exchanged the product for a new one;
  • despite the seller’s efforts, the conformity of the goods has not yet been ensured;
  • the non-conformity is so significant that it justifies an immediate reduction in price or cancellation of the contract;
  • the seller has announced or it is clear from the circumstances of the case that the seller has not eliminated the non-conformity of the goods or has not ensured their replacement within a reasonable period of time.

Within 15 working days from the date of receipt of the consumer’s application, the seller provides a written answer and informs about the options for resolving the dispute, if no agreement is reached on the fulfillment of the consumer’s request within this time.

If the seller believes that the consumer’s claim is not justified, or he is ready to offer another solution to the dispute, the seller informs the consumer about this within the above-mentioned period. The seller is obliged to justify the refusal to fulfill the consumer’s request.

If the seller does not provide an answer to the consumer’s application within the mentioned term, it is considered that the seller refused to fulfill the consumer’s request.

If the seller refuses to fulfill the consumer’s request or the consumer is not satisfied with the seller’s solution, the consumer has the right to seek help:

  • to the Consumer Rights Protection Center;
  • to the out-of-court dispute resolver, if one has been established;
  • in court.
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