Responsibility for material defects

According to the Consumer Protection Act, the provisions of the Obligations Act (NN 35/05, 41/08, 125/11, 78/15) on liability for material defects apply to the relationship between the Consumer (end user) and APITAL d.o.o. in the case of material defects on the product.

The Seller is responsible for material defects that the product had at the moment the risk passed to the Customer, regardless of whether this was known to the Seller.

The Seller is also responsible for material defects that appear after the risk has passed to the Customer if they are a consequence of causes that existed before that.

It is presumed that a defect which appears within six months from the transfer of risk existed at the time of the transfer of risk, unless the Seller proves otherwise or it follows from the nature of the item or the nature of the defect.

When There Are Material Defects

A defect exists if:

1. The item does not have the necessary properties for its regular use or for trading.
2. The item does not have the necessary properties for a special use for which the buyer acquires it, and which was known to the seller or should have been known to the seller.
3. The item does not have properties and characteristics that were explicitly or implicitly agreed upon or prescribed.
4. The seller delivered an item that is not the same as the sample or model, unless the sample or model was shown only for informational purposes.
5. The item does not have characteristics that generally exist in other items of the same type and that the buyer could reasonably expect based on the nature of the item, especially considering public statements by the seller, manufacturer, and their representatives about the characteristics of the item (advertisements, labeling of the item, etc.).
6. The item was improperly assembled, provided that the assembly service was part of the sales contract.
7. Improper assembly was caused by defects in the assembly instructions.

If the buyer expected certain properties of the item based on statements made by the manufacturer or their representative, the defect is not considered if the seller did not know or should not have known about these statements, or if these statements were disproven before the conclusion of the contract, or if they did not influence the buyer's decision to enter into the contract.

The manufacturer, for the purposes of liability for material defects and warranty for the correctness of the sold item, is the manufacturer of the item, the importer of the item, and any other person who represents themselves as the manufacturer by placing their name, brand, or other marking on the item.