According to Directive 1999/44/EC, the seller is responsible for any lack of conformity in a product that becomes apparent within two years from the date of purchase. If you discover that a product does not conform to the contract during this period, you have the right to contact the seller and request that the issue be resolved.

However, some EU member states, including Latvia, require consumers to notify the seller within two months of discovering the defect to exercise their rights.

If you identify a defect in a product, inform the seller as soon as possible!

In Latvia, under the Consumer Rights Protection Law, consumers have the right to file a claim with the seller or service provider for non-conformity of a product or service:

• Within two years from the date of purchase or receipt of the service.
• Within two months from the date the non-conformity was discovered.

Under the Consumer Rights Protection Law, a product is defined as a movable tangible item, including a tangible item created as a result of a service. A service, on the other hand, refers to an action performed by a business or professional, either for payment or free of charge, that involves renting, improving, modifying an item, performing work, or providing an intangible result.

Consumer Rights Against the Seller or Service Provider

A consumer may request:

• Free repair or replacement of the product (unless it is impossible or disproportionate).
• A price reduction or contract termination with a refund, but only if:
  • The seller has not repaired or replaced the product within a reasonable time.
  • The repair or replacement has caused significant inconvenience to the consumer.

If a refund is issued, depreciation or the benefits gained from using the product may be taken into account.

Important: Consumers are not entitled to a refund if the defect is minor.

Burden of Proof in Disputes with the Seller

When disputing a product’s non-conformity, the burden of proof is crucial.

To improve consumer rights under Directive 1999/44/EC, the burden of proof is shifted in favor of consumers, as they are in a weaker position compared to sellers regarding information about the product and its condition at delivery.

• If the defect appears within six months of delivery, the seller is automatically considered responsible.
• During this six-month period, the burden of proof is on the seller to prove that the defect did not exist at the time of delivery or to refute the consumer’s claim.
• After the initial six months, but within the two-year legal warranty period, the burden of proof shifts to the consumer, meaning the consumer must prove that the product does not conform to the contract.