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Consuemer Protection Act

1. Art. 112. (1) In case of non-compliance of the consumer goods with the sales contract, the consumer has the right to request a complaint by asking the seller to bring the goods into compliance with the sales contract. In this case, the consumer can choose between repairing the product or replacing it with a new one, unless this is impossible or the method of compensation chosen by him is disproportionate compared to the other.


2. (2) It is considered that a certain way of compensation for the consumer is disproportionate if its use imposes costs on the seller which, compared to the other way of compensation, are unreasonable, taking into account:


3. 1. The value of the consumer goods, if there was no lack of discrepancy;


4. 2. The significance of the discrepancy;


5. 3. The possibility to offer the user another way of compensation, which is not related to significant inconveniences for the user.


6. Art. 113. (1) (New - SG No. 18 of 2011) When the consumer goods do not conform to the sales contract, the seller is obliged to bring them into compliance with the sales contract.


7. (2) (Previous paragraph 1 - SG No. 18 of 2011) Bringing the consumer goods into compliance with the sales contract must be carried out within one month, counted from the submission of the complaint by the consumer.


8. (3) (Previous para. 2, amended - SG No. 18 of 2011) After the expiration of the term under para. 2 the consumer has the right to cancel the contract and to be reimbursed the amount paid or to request a reduction in the price of the consumer goods according to Art. 114.


9. (4) (Previous paragraph 3 - SG No. 18 of 2011) Bringing the consumer goods into compliance with the sales contract is free of charge for the consumer. He does not owe the cost of shipping the consumer product or the materials and labor involved in repairing it, and he should not suffer significant inconvenience.


10. (5) (Previous paragraph 4 - SG No. 18 of 2011) The user may also request compensation for the damages suffered as a result of the non-compliance.


11. Art. 114. (1) In case of non-compliance of the consumer goods with the sales contract and when the consumer is not satisfied with the resolution of the complaint under Art. 113, he has the right to choose between one of the following options:


12. 1. cancellation of the contract and refund of the amount paid by him;


13. 2. reduction in price.


14. (2) The consumer cannot claim a refund of the amount paid or a reduction in the price of the goods when the trader agrees to replace the consumer goods with a new one or to repair the goods within one month of presenting the claim by the user.


15. (3) (New - SG No. 61 of 2014, in force from 25.07.2014) The merchant is obliged to satisfy a request for cancellation of the contract and to refund the amount paid by the consumer when, after satisfying three consumer complaints by repairing the same product, within the warranty period under Art. 115, there is a subsequent occurrence of non-compliance of the goods with the sales contract.


16. (4) (Previous paragraph 3 – SG No. 61 of 2014, in force from 25.07.2014) The consumer cannot claim to cancel the contract if the non-conformity of the consumer goods with the contract is insignificant.


17. Art. 115. (1) The consumer may exercise his right under this section within a period of up to two years, counted from the delivery of the consumer goods.


18. (2) The term under para. 1 ceases to run during the time necessary for the repair or replacement of the consumer goods or for reaching an agreement between the seller and the consumer to resolve the dispute.