The party with whom the deal has been made, the seller or the service provider, for example, are ultimately responsible for the entire defect. They may not evade this responsibility and make the consumer turn to the manufacturer, importer or subcontractor, if it is awkward for the consumer to deal with these. By law, the seller should generally be given the opportunity to repair the defect before having the defect repaired elsewhere. If the product has a valid guarantee, the consumer can, if he so wishes, contact the repair shop or guarantee provider mentioned on the guarantee certificate directly. However, the seller is also responsible for the manufacturer s or importer s guarantee unless the firm has clearly denounced this. If he so wishes the consumer can also present his demands to the importer, manufacturer or someone else at a previous level in the supply chain. It is worthwhile, however, to complain to the seller first because in the case of rescinding the contract, it is only from the seller that the consumer can recover the entire purchase price paid. If there is a defect in work carried out as a service, the consumer should discuss compensation with the service provider, the repair shop, for example. If the service provider has used a subcontractor and there is a defect in the subcontractor s work, the consumer can, if he so wishes, take the matter up with the subcontractor. However, the final liability lies with the party with whom the consumer has made the agreement for purchasing the service.
If the seller cannot be reached or does not agree to provide compensation for a clear defect, the consumer may be entitled to demand compensation from the credit company, if the product has been purchased using a credit card or financed with another form of credit. The financial demand to the seller and also to the credit company must be reasonable in relation to the defect. If a product ordered through distance selling does not come at all and the purchase price has already been debited from the consumer s credit card, the consumer can demand repayment of the entire purchase price from the credit company, if he does not receive it from the seller. For other types of product defects or delays in delivery, the consumer can also withhold payment to the credit company of a proportion of the purchase price corresponding to the defect, until the situation has been rectified. It should be remembered, however, that the consumer cannot demand from the credit company a larger amount of compensation than the sum the consumer has already paid it for the sale in question.
The complaint should be made to the seller as soon as possible after the defect has appeared. The Act safeguards the consumer a minimum period of two months in which to make the complaint. Otherwise, the law states that the complaint must be made within a reasonable period from the time when the defect was discovered or from when it normally should have been noticed. If there is a lengthy delay in making the claim, the consumer may forfeit the right for repair or compensation. If the firm does not compensate the consumer for the defect, he should contact the consumer advice service in his own municipality. If the municipal consumer adviser cannot resolve the dispute, he/she will guide the consumer to make a written complaint, to the Consumer Complaints Board, for example. The product should not be used during the period when the complaint is pending. The Consumer Complaints Board may ask to see the product. At that time the original defect in the product and the extent of the defect should be ascertainable. In some cases it may be necessary to obtain a statement from an impartial expert to clarify, for example, whether there is a defect in the product or service at all. Sometimes there is reason to obtain a statement because the defect must be repaired urgently. If the statement states that the product has a defect the consumer can demand the seller to pay compensation for the costs incurred in obtaining the statement. It may be recommended that the costs incurred in obtaining the statement should be paid in conjunction with the other compensation. In order to avoid unnecessary costs it is worth asking the municipal consumer adviser whether it is necessary to obtain a statement and who could provide a statement.
A consumer is entitled to withhold a proportion of the purchase price corresponding to the defect, until the defect in the product or service has been repaired or compensated for. The portion withheld should be reasonable in relation to the nature or significance of the defect. It should at least approximately correspond to the significance of the defect, for example the repair costs. If the whole of the purchase price has been withheld simply because of a minor defect, the consumer may have to pay interest for late payment and also debt collection charges. However, the consumer is not required make an estimate to the exact cent of the amount of the price to be withheld. The consumer should always inform the seller of the reason for withholding a portion of the purchase price. This should be done by means of a separate contact with the seller, and preferably in writing. The explanation should not merely be written in the message section of the invoice to be paid, as the message may not necessarily go to the person responsible for the matter.