🛠️ My item broke — is it the guarantee or a defect claim?

With conditions

Quick answer

They are two separate routes — and crucially: the guarantee of conformity runs against the seller for 2 years, even after the commercial guarantee has expired. Under the Consumer Protection Act (ZVPot-1, applying to purchases from 26 January 2023) the former 'material defect' is renamed lack of conformity of the goods. You claim it against the seller within two years of delivery; if the defect appears in the first year, the seller must prove the item is sound, and after that the burden of proof passes to you. The law introduces a sequence of remedies: first repair or replacement, and only then a price reduction or a refund. A guarantee is something else — a promise by the guarantor (maker or seller); for technical goods it is compulsory for at least one year, otherwise voluntary. The myth that all rights fall away when the guarantee ends is false: conformity runs for two years independently of the guarantee.

📋 The rules

You claim lack of conformity against the seller, and it applies for 2 years from delivery of the item; for used goods a shorter period may be agreed, but not shorter than one year.
If the lack of conformity appears in the first year, it is presumed to have existed at delivery and the burden of proof is on the seller; after one year the consumer must prove the defect.
ZVPot-1 sets a compulsory order of remedies: first restoring conformity (repair or replacement — the choice is usually yours), and only then a proportional price reduction or withdrawal from the contract.
You must notify the seller within two months of the day you discovered the lack of conformity; the seller must reply to the complaint within 8 days, and has 30 days for repair or replacement (extendable by up to 15 days).
The guarantee is a separate institution: for certain technical goods it is compulsory for at least one year (a special regulation), otherwise voluntary; you claim it from the guarantor (maker, importer, seller) or an authorised service.

🔓 Exceptions

If the defect appears within 30 days of delivery, you may freely choose among all remedies — repair, replacement, price reduction or a full refund — with no compulsory order.
For a technical item you can choose between conformity and the guarantee; conformity is tied to the seller and lasts two years, while the guarantee is tied to the guarantor and covers the promised sound operation.
The cost of materials, spare parts and transport in removing a defect under guarantee is borne by the guarantor — a consumer claiming repair within the guarantee period must incur no cost, not even postage.

⚠️ Penalties & fines

For the consumer these are rights, for the seller obligations backed by fines. The seller must reply to a complaint within 8 days; if they do not, or wrongly refuse the claim, you report them to the Market Inspectorate of the RS, which may impose a fine of 5,000 to 50,000 euros. If a repair is not done within 30 days (with a possible 15-day extension), you may demand replacement with a new item, then withdrawal and a refund or a price reduction. A credit note does not count as a refund where you are entitled to your money back. Keep proof of when you filed the complaint; without it, it is hard to prove that the deadlines have passed. The biggest trap is the belief that once the guarantee ends there are no rights — conformity runs for two years against the seller, though after the first year you must prove the defect yourself, usually with a court expert's opinion.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

What is the difference between the guarantee and lack of conformity?

Lack of conformity is the seller's statutory liability for defects and applies for two years from delivery, regardless of any guarantee. The guarantee is a separate promise by the guarantor of sound operation; for certain technical goods it is compulsory for at least one year, otherwise voluntary. For a technical item you can choose between the two.

Do I have rights once the guarantee expires?

Yes. The guarantee of conformity applies for two years from delivery and runs independently of any commercial guarantee, so rights do not fall away when the guarantee ends. If the defect appears after the first year, you must prove it yourself, usually with a court expert's opinion, and you claim it against the seller.

Who has to prove the item had a defect?

If you claim lack of conformity in the first year from delivery, the seller must prove the item is in conformity and free of defects. After one year the burden passes to you, so you will have to show the lack of conformity, usually with a court expert's opinion. That is why it is better to complain as soon as possible.

Within what time must the seller resolve a complaint?

The seller must reply to a complaint within 8 days of receiving it, and has 30 days for repair or replacement, which may be extended by up to 15 days with prior notice. If they do not remove the defect in time, you may demand replacement, then withdrawal with a refund or a price reduction.

Do I have to report the defect within a set time?

Yes. You must notify the seller within two months of the day you discovered the lack of conformity, and you may exercise your rights for up to two years from delivery of the item. Keep proof of the complaint with its date, as only then can you show when the deadline for a reply or repair expired.

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