Information about complaints
The Consumer Purchases Act (“fkjl”) applies when the item is purchased in the capacity of a consumer*

If the item is purchased by a business, the relationship is regulated by the Sales Act (“kjl”). If the item is purchased through a craftsman where the craft service is the primary component, and the buyer wishes to file a complaint directly, bypassing the craftsman, the Act on Craft Services (“hvtjl.”) applies.

Defects arising from, for example, incorrect craftsmanship, wear and tear, or defects resulting from irresponsible, abnormal, or incorrect use, or defects due to inadequate maintenance, do not constitute a defect. If VBKU determines this to be the cause of the defect, the cost of rectification and/or investigation will be charged to the buyer.

What to do if you discover issues with the item or service you wish to complain about:

• Complete the complaint form and submit it.
• File a complaint within the legal complaint deadlines:
  o The Consumer Purchases Act stipulates that the buyer must file a complaint within a reasonable time after the buyer discovered or should have discovered the defect, cf. fkjl § 27. The deadline for reporting the complaint can never be shorter than two months from the time the consumer discovered the defect. Nevertheless, a complaint must be made no later than two years after the buyer took possession of the item. If the item or parts thereof are intended to last significantly longer, the complaint period in consumer relationships is five years. Failure to file a complaint in time results in the forfeiture of the right to assert the defect. The risk for the item transfers upon delivery; unless otherwise proven, a defect that appears within six months after the transfer of risk is presumed to have existed when the risk transferred to the consumer, cf. fkjl § 18.
  o The Sales Act stipulates that the buyer must file a complaint within a reasonable time after discovering or having reason to discover the defect, cf. kjl § 32. A complaint must be made no later than two years after the date the buyer took possession of the item.
  o Pursuant to hvtjl § 22, the deadline for filing a complaint is within a reasonable time after the buyer discovered or should have discovered the defect, but no later than 2 years from the completion of the service assignment; however, it is 5 years if the result of the service is intended to last significantly longer or the service pertains to work on real estate.
• Document the nature and extent of the defect. Photographs must be taken of the issue being complained about. Documents may be submitted subsequently; this should be communicated.
• Any rectification must not be commenced before a written complaint has been filed and the matter of rectification has been clarified with the seller. Pursuant to fkjl § 29/kjl § 36/hvtjl § 24, the seller/craftsman has the right to rectify the defect, and the buyer must accept rectification within certain parameters. If the buyer rectifies the complained-about issues without allowing the seller the opportunity to exercise their right of rectification, the buyer forfeits their right to claim coverage of the rectification costs.

*A natural person who does not primarily act in a commercial capacity, cf. fkjl § 1.