I bought a bike in a department store in Vienna. After several days, I noticed that it had a defect, so I took it back and filed a claim. Almost two months have passed, and despite repeated reminders the bike has still not been repaired. What is the time limit for the settlement of claims in Austria? Am I entitled to compensation for the travel expenses related to the claim?

Unlike the situation in the Czech Republic, where sellers are required to handle claims within 30 days, in Austria (and for that matter in Germany and France too) national legislation does not specify a time limit for the handling of complaints. Complaints should be settled in a reasonable time limit, which is usually considered to be four to six weeks. In your claim letter, set the time limit in which you wish the claim to be handled.

Under Austrian legislation, in your case you are not entitled to the reimbursement of travel expenses connected with taking the product to Vienna because you collected the purchased product in Vienna. Only if the purchased product had been sent to your address by the seller would you have a claim to the reimbursement of the cost of sending the defective product in the event of a claim in the guarantee period.

In Germany, legislation in this case is simpler in that the consumer has no entitlement to the reimbursement of costs connected with a complaint about a defective product in the guarantee period. The seller decides whether to reimburse these costs to you and to what extent.


In January 2005, I bought a DVD player in France. In September, a defect occurred in the player; I complained and sent the machine to the seller for a guarantee repair. The service centre did not acknowledge the guarantee, citing some law which states that a defect must occur within six months, otherwise I must prove that the defect already existed when I bought the product. Can you advise me on how to proceed? I assumed the guarantee would be valid for two years without reservation.

Unless proven otherwise, any non—compliance with the purchase agreement (i.e. any defect) is considered to have existed at the time of product delivery or purchase in the first six months of the guarantee period. During this time, the consumer has the right to have the product brought into compliance with the purchase agreement. The consumer may demand that the product be fixed or replaced free of charge, and in extreme cases may withdraw from the contract and receive a refund.
Once six months have passed since the delivery of the goods, however, a seller may refuse a claim and it is up to the consumer to prove that the non—compliance with the purchase agreement existed at the time of purchase. In order for a complaint about a product defect to be acknowledged after six months, the defect must be a material defect or production (assembly) defect, not a defect due to incorrect handling or wear. This can be proven with an expert opinion. A court-appointed expert will draw up an expert opinion for you for a fee; a list of experts can be found at www.justice.cz or at any regional court. The problem here is that the retailer may also refuse such an expert opinion. He may claim to have commissioned an opinion himself or to have received an opinion from an authorized repair centre where the product was sent for repair (as is evidently your case). In such a case only a court may decide.

For the sake of providing complete information, we add that, besides incorrect use, a claim may be refused due to the wear of an item because of intensive use, even if the two—year guarantee has not yet expired (e.g. footwear, light—bulbs).

I bought a digital camera in a specialized Minolta store in Germany. It was faulty, so I decided to file a claim at a specialized Minolta shop in Prague within the guarantee period, but the manager refused to accept my complaint. Was he within his rights?

As a general rule, if a product is purchased abroad a claim may be filed only at the place of purchase. A ‘euroguarantee’, where a product purchased, say, in Interspar in Vienna could automatically be claimed at an Interspar in Prague, does not yet exist.
However, there are exceptions, e.g. for new cars and electronics. In this case, on making a purchase abroad the seller is obliged to inform you (the purchaser) of the address of a shop or provide a list of authorized outlets or service centres in the Czech Republic with which the seller has entered into a contract on the provision of guarantee repairs and which you can contact if necessary to accept your defective product for a guarantee repair. This list could be given in the guarantee certificate or in the general terms of delivery of the seller. Usually, however, the outlet will send the product abroad for repair anyway.

I brought back a camera from my holiday in Sweden which was subject to the local 25% VAT. Am I entitled to a refund of the difference (15% — 19%) in relation to the VAT applied in the Czech Republic?

No, you are not. Now we are in the European Union you are on the common internal market. As a consumer, you have paid VAT, and that is that, regardless of differences in VAT among the Member States.

However, be careful when purchasing a vehicle (car, boat, aircraft) in EU countries!

a/ Purchasing a new vehicle

The purchase of a new vehicle for a consideration in another Member State and its import to the Czech Republic by any person (i.e. a VAT payer, a VAT non-payer, or a private individual) is subject to a separate regime and, according to Section 2(2) of the VAT Act is always subject to tax in the Czech Republic.

In this respect, a car is considered to be new if:

    it has less than 6,000 km on the clock or

    it was purchased within six months of first being out into operation.

A person who is not a taxpayer and purchases a new vehicle in an EU Member State is obliged to file a tax return with the locally competent revenue office; a copy of the proof of purchase and Notification of the Purchase of a New Vehicle (the form is available from revenue offices) must be attached to the tax return. After the tax authority has assessed the tax, the VAT is payable within 25 days of the date of the assessment. A new vehicle with proof of payment of VAT can then be registered at the transport inspectorate.

b/ Purchasing a used vehicle
This purchase is subject to the same procedure as the purchase of any other goods within the EU. If a used vehicle is purchased in the EU by a person who is not a taxpayer from a person registered in a Member State, he pays the price, including VAT at the rate applicable in the Member State in which the car is purchased. The purchaser is not then required to pay VAT in the Czech Republic.

I am thinking about buying a digital camera offered on the website of the German company X for business purposes. I was wondering how long the guarantee period in Germany is.

In this case you are not classified as a consumer, but a business. Your contractual relationship with the supplier and the related rights and obligations are governed by the Commercial Code, not the Civil Code. The guarantee period is a matter of negotiation between you and the supplier and is specified in the purchase agreement. If the German retailer finds out that you are a business, he need not provide you with any guarantee at all if you fail to negotiate a guarantee period in advance. The settlement of VAT depends on whether your company is a registered VAT payer.

The European Consumer Centre does not handle complaints related to the business relations of two companies.