Consumer rights

National and EU laws protect consumers’ rights when businesses offer, sell and otherwise market goods, services and digital content. Our job is to make sure that consumers can exercise these rights effectively.

The variety of products and services on offer, the diversity of new ways of offering services and selling goods, changing consumer expectations and possible discrepancies between expected and actual outcomes are all potential sources of disputes that we deal with in particular in cases of:

  • unfair commercial practices,
  • delayed performance,
  • damage caused by a defect in the goods, whether material or legal,
  • non-conformity of the goods,
  • when the goods do not have the characteristics or specifications that the supplier guaranteed to the consumer. 

We guide our clients through all of the complex, regulated procedures outlined above and ensure that any defects are reported in a timely and appropriate manner, including by:

  • providing legal advice on the interpretation of consumer rights and obligations,
  • making timely and correct notifications to the seller and the manufacturer of non-conformity of the goods and any defects,
  • drafting claims for material defects,
  • drafting claims for rectification of defects, including the right to an appropriate reduction of the purchase price, withdrawal from the contract and reimbursement of the purchase price,
  • drafting claims for damages,
  • drafting claims for repayment of any advance payments made,
  • reviewing the adequacy of warranty clauses,
  • drafting and filing warranty claims,
  • representing clients before suppliers of goods and services; and

representation before the competent inspection authorities and the courts.

Material defects and warranty

As current legislation only allows the warranty to be enforced against the guarantor, a thorough analysis of the situation will determine the best choice between enforcing a material defect or enforcing the warranty.

Specific types of contracts and protection

We also represent consumers in legal relationships arising from:

  • distance contracts,
  • off-premises contracts,
  • contracts for the credit sales of goods,
  • contracts for the supply of digital content or a digital service,
  • package travel contracts and related travel arrangements.

With professionalism and a thorough knowledge of current case law, we achieve the optimal solution and full protection of consumer rights. We recognise that each contract for the sale of goods or services has its own specific characteristics, so we examine each case carefully and seek all appropriate forms of legal protection to ensure that our obligations to the consumer are met.

Krištof & Brečko Advokatura