Legal Q&A · IT, Software & E-commerce

How many days do we have to resolve a defect complaint, and what if we miss the deadline?

Law as at 29 August 2026

Short answer

For goods, the seller must repair or replace the item within a reasonable period not exceeding 30 days after the defect is reported. A longer period is permitted only for an objective reason beyond the seller's control. The same cap applies to the period stated in the defect acknowledgement and to remedying a service defect. If the deadline expires without a remedy, the buyer may seek a proportionate price reduction or withdraw from the contract. The supervisory authority may penalise handling failures regardless of whether the defect actually existed.

The old-law answer, “resolve the complaint within thirty days or face consequences”, is now only partly accurate. From 1 July 2024, Act No. 108/2024 Coll. moved goods complaint rules into the Civil Code (Act No. 40/1964 Coll.), changing the mechanism rather than reducing its strictness.

Thirty days remain, but the mechanism changed

Former Act No. 250/2007 Coll. provided a single period for “handling a complaint” (Section 18(4)). The current rules work with notification of a defect and two caps. The first concerns the acknowledgement the buyer must receive at the outset:

The seller shall provide the buyer with written acknowledgement of the reported defect without delay after notification. It shall state the period within which the defect will be remedied in accordance with Section 507(1). That period must not exceed 30 days from notification unless a longer period is justified by an objective reason beyond the seller’s control.

Section 622(3) of the Civil Code (unofficial English translation)

The second cap concerns the remedy itself, repair or replacement:

The seller shall repair or replace the item within a reasonable period […] after the buyer reports the defect, free of charge, at the seller’s expense and without significant inconvenience to the buyer, considering the item’s nature and the purpose for which it was required. The period under the first sentence must not exceed 30 days from notification unless a longer period is justified by an objective reason beyond the seller’s control; the seller bears the burden of proving that reason.

Section 623(4) of the Civil Code (unofficial English translation)

The thirty-day cap therefore remains, with a new exception for objective reasons, such as a part that genuinely cannot be supplied sooner. Anyone relying on this must prove it and should state it in the initial acknowledgement.

What happens if the deadline is missed

If the seller does not repair or replace the item in time, Section 624(1) of the Civil Code entitles the buyer to a proportionate price reduction or withdrawal from the sale contract without granting an additional period. After withdrawal, the seller refunds the price within 14 days of the item being returned or proof that the buyer dispatched it (Section 624(7)). The old automatic consequence, a right to withdraw or demand a new product, has therefore become a choice between a price reduction and withdrawal.

Rejection no longer depends on a professional assessment

Under the former rules, a complaint within the first 12 months after purchase could be rejected only on the basis of a professional assessment. Slovak Trade Inspection decision No. P/0015/05/2024 of 19 June 2024 rested on precisely this: an electronics retailer rejected a monitor complaint, but the service centre’s assessment lacked a conclusion and was disregarded, resulting in a EUR 400 fine. The current regime did not retain that assessment mechanism. Instead, a defect appearing within two years of delivery is presumed to have existed on delivery unless the seller proves otherwise (Section 620(1)). A seller denying liability must give written reasons; the buyer may rebut them with an expert report or professional opinion and report the defect again (Section 622(4)). The buyer must also report a defect within two months of discovering it (Section 621(3)).

Supervision examines the process, not the defect itself

Whether the defect actually existed is a civil dispute between the parties, which the supervisory authority does not decide (Section 27(4) of Act No. 108/2024 Coll.). Fines concern the process: in decision No. P/0016/02/2024 of 17 June 2024, a furniture retailer was fined EUR 600 for three kitchen complaints handled after the then applicable 30-day period and incomplete records. The new Act applies the same logic to acknowledgements and deadlines. Service defects also have a thirty-day cap: the trader must issue an acknowledgement stating the remedy period without delay (Section 4(1)(j) of Act No. 108/2024 Coll.). Penalties under Section 43 increase with turnover. Defect complaints should not be confused with returning goods without giving a reason, discussed in withdrawal from an online shop contract.

How we can help

We prepare internal procedures, defect acknowledgement templates and customer wording through our complaints policy service and align them with your online shop terms. If you face an inspection or disputed complaint, our e-commerce legal services assess both procedure and arguments.

If your complaint process still relies on professional assessments and the old law’s single deadline, it is time to rewrite it: inspections already follow the new rules.

This answer provides general information on the law as at 29 August 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. We are planning a purchase-linked consumer competition. Do we need a licence, and who pays tax on prizes? No licence is needed. A purchase-linked competition is a promotional competition expressly excluded by gambling law, provided it promotes sales, is not a separate business and requires no stake; payment for goods is not a stake. The rules are a consumer contract with corresponding requirements. For tax, the organiser withholds tax on cash prizes; winners declare non-cash prizes, while prizes within the statutory limit are exempt. Czech promotional competitions without a stake likewise require no licence.
  2. Can we send newsletters to existing customers without their express consent? Yes, for existing customers, subject to the statutory exception. The Electronic Communications Act requires prior demonstrable consent for email marketing. Consent is unnecessary when promoting your own similar goods or services to people whose address you obtained during a sale, provided they can refuse easily and free of charge both when you collect it and in every message. Bought or borrowed databases do not qualify. You also need a GDPR legal basis, usually legitimate interests, with a right to object at any time.
  3. Must an influencer label our post as advertising, and who is liable if they do not? Yes. A paid or otherwise rewarded post is advertising and a trader's commercial practice. If its promotional nature is unclear, the Consumer Protection Act treats it as an always-prohibited unfair commercial practice. The trader whose product is promoted bears primary responsibility, but the law expressly also covers anyone acting in its name or on its behalf, including the influencer. Labels must be understandable and visible without expanding the post. The contract should expressly regulate labelling, content approval and sanctions.
  4. What must appear on a company website even if we do not sell through it? Generally, these duties apply. A company website is an information society service even without sales if it promotes the business. The Electronic Commerce Act requires the business name and registered office, email and phone, register and entry number, tax identification number if VAT-registered, and the supervisory authority's name and address. The Commercial Code adds the company identification number and legal form. Details must be easily and permanently accessible, not supplied only on request. GDPR transparency and cookie rules also apply.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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