According to Directive 1999/44/EC, the seller is responsible for any non-conformity of the goods to the contract terms that is discovered within two years from the purchase date. If, after purchasing the goods, you discover that the product does not conform to the contract terms within these two years, you have the right to contact the seller and request that they rectify the non-conformity of the goods.

However, member states may require the consumer to inform the seller of the non-conformity within two months from the day they discover such a defect. Such a limitation is imposed in certain member states, including Latvia.

If you discover the non-conformity of the goods, inform the seller as soon as possible!

In Latvia, according to the Consumer Rights Protection Law, the consumer has the right to make a claim to the seller or service provider about the non-conformity of the goods or services to the contract terms:

• within two years from the date of purchase of the goods or receipt of the service;
• within two months from the day they discover the non-conformity of the goods or services to the contract terms.

According to the Consumer Rights Protection Law, goods are considered movable tangible items, as well as movable tangible items or their properties produced as a result of the service provision. A service is defined as a consumer’s order performed within the scope of a person’s economic or professional activity, either for remuneration or free of charge, or the fulfillment of a contract concluded with the consumer under which an item is rented, an existing item is improved or altered, or work is done, or an intangible result is achieved.

The consumer may raise the following claims to the seller or service provider:

• Free repair or replacement of the goods (unless it is impossible or disproportionate);
• A reduction in price or cancellation of the contract and a refund of the amount paid for the goods, but only in cases where:
  • The seller has not repaired or replaced the goods within a reasonable time;
  • These actions have caused significant inconvenience to the consumer.

In reducing the price or refunding money, depreciation or the benefit the consumer gained from using the goods may be considered.

Note that the consumer is not entitled to a refund if the non-conformity of the goods is insignificant.

Proving Non-Conformity of the Goods
In a dispute with the seller regarding goods that do not conform to the contract terms, the burden of proof is a critical aspect.

To improve the conditions under which the consumer can exercise their rights provided in Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees, the burden of proof is shifted in favor of the consumer. This is because, compared to sellers, consumers are in a less favorable position regarding information available about the specific goods and their condition at the time of delivery. If the non-conformity of the goods is found within 6 months of delivery, the seller is automatically considered responsible. During this 6-month period, the burden of proof shifts to the seller, who must prove that the non-conformity did not exist at the time of delivery, or otherwise refute the consumer’s claims.

According to the Consumer Rights Protection Law, if the non-conformity of the goods to the contract terms is discovered within 6 months from the purchase of the goods, it is assumed that the non-conformity existed at the time of purchase, unless this assumption contradicts the nature of the goods or the type of non-conformity. During this 6-month period, it is the seller’s (not the consumer’s) responsibility to prove that the goods conform to the contract terms.

For the remaining 2-year legal warranty period (“legal guarantee”), it is the consumer’s responsibility to prove the non-conformity of the goods to the contract terms.