Guarantees and returns – Slovenia
Affected by Brexit?
How long is the legal guarantee for new and second-hand goods?
The duration is 2 years for new goods and 1 year for second-hand goods.
If the product is defective, who is responsible for putting things right?
The seller, even for purchases made on an internet platform. However, the platform may have agreed to act as an intermediary so read the terms and conditions.
By when must the consumer notify the seller of a defect?
Within 2 months of noticing the defect.
Who has to prove the presence/absence of a defect and how long do they have to do this?
The seller must prove that the item was not defective for the first year after the delivery of the product ("reversal of burden of proof"). After that, the consumer must prove that it was defective.
Is there a third party testing body that can help to provide proof?
The consumer can turn to an independent expert. However, this opinion might not be accepted by the seller. In case of a court procedure the court can order an opinion of an independent court expert. The Ministry of justice has an official list of independent court experts.
What remedies is the consumer entitled to free of charge? Is there a deadline for implementing the solution?
There is no hierarchy of remedies. The consumer can choose from repair, replacement, reduction of the purchase price or refund. There is a legal deadline of 8 days for the seller to implement a solution.
Is the repaired/replaced product covered by a new guarantee?
In the case of a replacement product or product part, a new legal guarantee period starts.
Can the consumer take action against the importer or any intermediary in the supply chain up to and including the producer?
Not under the legal guarantee of conformity. But under the obligatory Slovenian 1-year guarantee (see below) the consumer can make a claim against anyone in the supply chain.
If no amicable solution can be found, what is the deadline for taking the case to court?
The prescription period is 2 years from the date on which the seller was notified of the defect, unless there is a suspension of the statutory limitation period.
Are any other legal guarantees laid down in national law coexisting with the legal conformity guarantee?
A 1-year obligatory guarantee exists for technical products (as defined in a Regulation of the Ministry of Economic Development and Technology). This guarantee must be issued by the producer.
Who is responsible for application of the warranty?
The party offering the warranty, be it the seller, the producer or a third party guarantor. Always refer to the documentation provided.
On average, how long is a commercial warranty?
1 to 5 years, and in most cases 2 years, as with the legal guarantee. More expensive goods usually have a longer warranty which often applies to specific parts of the product.
Is it free of charge?
According to the definition of the commercial warranty it must be free of charge. If a trader charges for a warranty exceeding 2 years, this should neither be called, nor advertised as a warranty, but as a different product, such as insurance.
Does it have to be confirmed in writing?
The seller has to provide the commercial warranty in a written document or in a durable and accessible format.
What information is required?
It must include the content of the warranty, all essential elements such as duration and geographical coverage, details of the company offering it and a reminder of the legal guarantee.