FAQ

What to do if you buy defective/low-quality product?

A consumer has the right to complain to the seller about quality of the product within the time period of warranty (Article 6.338 of the Civil Code of the Republic of Lithuania).   

1. If a defective product has been sold, the consumer first has the right to demand the repair or replacementof the product (if the demand is proportionate).

2. The consumer has the right to demand a proportionate reduction in the price of the product or termination of the purchase and sale contractif:

• the seller has not repaired or replaced the item;
• the defect has occurred repeatedly;
• the defect is essential;
• the seller has stated or it is clear from the circumstances that he will not repair or replace the item within a reasonable time and this will cause the consumer serious inconvenience (Article 6.364 (1) of the Civil Code).

Please note that if the product was purchased before 1 January 2022 and a defect in the item becomes apparent during the time period of warranty, you have the right, at your own choice, in accordance with Article 6.363 (7) of the Civil Code:

• request the seller to rectify the defects of the item (repair the item) free of charge;
• request the seller to replace the defective item with an item of adequate quality free of charge;
• request the seller to reduce the price accordingly;
• unilaterally terminate the contract and request that the price paid be returned. However, the consumer shall not be entitled to terminate the contract if the defect of the item is of minor significance.

What is product warranty?

The Civil Code establishes two types of product warranty - a warranty under law, which is valid for two years from the date of purchase of the products, and a contractual or commercial (quality) warranty, which is considered an additional warranty provided by the seller.

In accordance with the provisions of Article 6.338 of the Civil Code, a consumer in all cases may address the seller in respect of defects of the product that arose within a period of two years (warranty under law), unless the seller has established a longer warranty period.

It should be noted that the warranty period starts from the delivery of the items, unless the contract provides otherwise. If the seller refuses to fulfill his obligations within the specified warranty period, the consumer should first contact the seller in writing and state his claim. If the seller does not provide a reasoned response to the consumer or refuses to comply with the consumer's request within 14 calendar days from the date of receipt of the consumer's written request, the consumer has the right to apply to the State Consumer Rights Protection Authority for alternative (out-of-court) dispute resolution.

After purchasing a low-quality product/service do I have to choose only from the alternatives offered by the entrepreneur?

You do not have to, but you cannot choose entirely at your own discretion:

• If you have been sold a defective product, you first have the right to demand the repair or replacementof the product (if the demand is proportionate).
• You have the right to demand a proportionate reduction in the price of the product or termination of the purchase-sale contractif:

1. the seller has not repaired or replaced the item;
2. the defect has occurred repeatedly;
3. the defect is essential;
4. the seller has stated or it is clear from the circumstances that he will not repair or replace the item within a reasonable time and this will cause the consumer serious inconvenience (Article 6.364 (1) of the Civil Code).

Please note that if the product was purchased before 1 January 2022 and a defect in the item becomes apparent during the time period of warranty, you have the right, at your own choice, in accordance with Article 6.363 (7) of the Civil Code:

• request the seller to rectify the defects of the item (repair the item) free of charge;
• request the seller to replace the defective item with an item of adequate quality free of charge;
• request the seller to reduce the price accordingly;
• unilaterally terminate the contract and request that the price paid be returned. However, the consumer shall not be entitled to terminate the contract if the defect of the item is of minor significance.

Is the seller obliged to extend the warranty period of the product if I could not use it due to the repair of the product?

According to the provisions of the Article 6.335 of the Civil Code, where obstacles within the seller’s control prevent the buyer from using the things for which a period of warranty of quality has been set, the warranty period shall not run until the seller removes the obstacles. Point 4 of this Article states, unless otherwise determined in the contract, the period of warranty shall be extended for the period the buyer was unable to use the things due to the defects, provided the buyer duly notified the seller of the perceived defects. Thus, unless otherwise provided in the purchase and sale contract, the warranty period is extended to the extent that the purchased goods could not be used due to circumstances beyond the control of the buyer.

Is the seller obliged to provide a replacement product during the warranty period?

The legislation does not provide for the seller's obligation to provide a replacement product to the buyer during the warranty repair period. It is the seller's right, not the obligation, to provide a replacement product, so in this case we would suggest looking at the warranty service conditions set out in the contract or warranty document. If there is a provision for a replacement product, the seller must fulfill the obligations set out in the contract. In addition, we would suggest, before concluding the contract, to offer the seller to include in it provisions concerning replacement product during the warranty repair of the product.

Am I entitled to make a claim for a second-hand item?

Yes. Upon purchase of a second-hand goods, the consumer has the right to make claims for defects in the goods which were not discussed at the time of the conclusion of the contract or which the seller hid from the consumer, even though he knew or could not have been unaware of.

A second-hand item for sale may differ in quality from a similar new item due to natural wear and tear and the conditions of previous use (intensity, etc.), and therefore be expected to be less efficient and to have a shorter lifespan. However, quality requirements also apply to such items. 

In addition, please be informed that before concluding a consumer contract, the trader must clearly and comprehensibly provide the consumer with the necessary, correct, complete and non-misleading information on the main characteristics of the goods, warranty conditions, etc. (Part 1 of the Article 6.228 (6) of the Civil Code).

According to the Article 6.363 of the Civil Code, a consumer to whom a defective item has been sold has the right to:

• request the seller to rectify the defects of the item (repair the item) free of charge;
• request the seller to replace the defective item with an item of adequate quality free of charge;
• request the seller to reduce the price accordingly;
• unilaterally terminate the contract and request that the price paid be returned. However, the consumer shall not be entitled to terminate the contract if the defect of the item is of minor significance.

In this case, you should first contact the seller in writing and set out your requirements in the claim. It is important to attach a receipt or other document confirming the purchase and sale of the goods to the claim. If the seller does not provide a reasoned response to the consumer or refuses to comply with the consumer's request within 14 calendar days from the date of receipt of the consumer's written request, the consumer has the right to apply to the State Consumer Rights Protection Authority for alternative (out-of-court) dispute resolution.

Where to apply for food quality?

State Food and Veterinary Service investigates complaints from consumers, their organizations, other interested institutions and organizations regarding food that does not comply with safety, quality, labeling, provision of product information, including price indication, and other mandatory requirements, unsafe food handling services.

If you have purchased a substandard food, you should first contact the seller in writing, stating your request and along with the product and proof of purchase. The request must indicate the defects of the food and the choice of the consumer's requirement (change the product to good quality or return the money paid). If the dispute with the seller cannot be resolved amicably, the consumer has the right to contact the State Food and Veterinary Service about the quality of food products by free phone 8 800 40 403 or report about low-quality food by filling in the form at the: https://vmvt.lt/maisto-sauga/kontrole/praneskite-apie-nekokybiskus-maisto-produktus.

In case the consumer has a property claim against the seller, he has the right to apply to the State Consumer Rights Protection Authority for dispute resolution according to the Alternative Dispute Resolution procedure for resolving disputes between consumers and sellers and service providers established in the Law on Consumer Protection of the Republic of Lithuania.

What if the purchased product does not match the description?

Part 1 of the Article 6.228 (6) of the Civil Code states that before concluding a consumer contract, the trader must clearly and comprehensibly provide the consumer with the necessary, correct, complete and non-misleading information on the main characteristics of the goods, and part 4 of the same Article states that the burden of proving that the information has been provided to the consumer in accordance with this Article lies with the trader. According to part 5 of this Article, a trader who has failed to comply or improperly complied with the obligation to provide information to the consumer must compensate for any loss suffered by that consumer.

In this case, the consumer should first contact the seller in writing and set out his requirements in the claim. If the seller does not provide a reasoned response to the consumer or refuses to comply with the consumer's request within 14 calendar days from the date of receipt of the consumer's written request, the consumer has the right to apply to the State Consumer Rights Protection Authority for alternative (out-of-court) dispute resolution.

Where to apply for the quality of a product or service if the seller's/service provider's company has gone bankrupt?

Information on the possible bankruptcy of the company can be found on the website of the Authority of Audit, Accounting, Property Valuation and Insolvency Management under the Ministry of Finance of the Republic of Lithuania https://avnt.lrv.lt/lt/, by entering the name of the company in the search box.

After filing a bankruptcy case of a company in court, laws and other legal acts do not give the State Consumer Rights Protection Authority the right to decide on the issue of protection of the rights and legitimate interests of consumers against the bankrupt company. According to the Article 21 (1) of the Enterprise Bankruptcy Law, upon the initiation of bankruptcy proceedings in court, the creditors shall have the right to refer their claims to the administrator within the time limit fixed by the court, along with the documents substantiating the claims.

Consumers have the right to submit a statement on approval of credit claims to the administrator of the bankrupt enterprise (submitting the statement to the bankruptcy administrator should be accompanied by a copy of the contract, purchase documents or other available documents). Please note that you will find information on the bankruptcy administrator appointed for the company at the link above. Under Article 35 (4) of the Law, consumer credit claims approved in court would be satisfied in the third place.

What to do if the seller does not deliver the goods purchased online and does not refund the money paid for it?

According to the provisions of Article 6.359 of the Civil Code the seller's obligation to deliver the goods no later than 30 days from the date of conclusion of the contract by transferring them to the buyer or transferring control of them to the buyer (unless the parties agree otherwise).

If the seller unreasonably refuses to transfer the goods to the buyer, the buyer has the right to refuse to perform the sales contract and demand compensation for losses. If the seller fails to deliver the goods within the prescribed time limit, the consumer should first contact the seller in writing and set out his specific claim. If the consumer is not provided with a response within 14 calendar days of the written request to the seller, or the consumer is not satisfied with the seller's response, the consumer has the right to apply to the State Consumer Rights Protection Authority for alternative (non-judicial) dispute resolution.

What is delivery time of products?

According to the provisions of Article 6.359 of the Civil Code the seller's obligation to deliver the goods no later than 30 days from the date of conclusion of the contract by transferring them to the buyer or transferring control of them to the buyer (unless the parties agree otherwise). It should be noted according to the Article 6.156 of the Civil Code he parties shall be free to enter into contracts and determine their mutual rights and duties at their own discretion; the parties may also conclude other contracts that are not established by this Code if this does not contradict laws. Thus, the consumer can agree with the seller on any mutually satisfactory delivery time, and if this deadline is not set, the goods must be delivered no later than 30 days after the conclusion of the contract.

What information should the seller provide to the consumer when concluding a distance contract?

According to the Article 6.228 (7) (1) of the Civil Code before concluding a distance or off-premises contract, the trader must provide the consumer with the following information in a clear and comprehensible manner:

1) the main characteristics of the good or service (taking into account the media and the good or service);

2) data on the entrepreneur (name and surname or title, legal status of the legal person);

3) the address of the entrepreneur's registered office and, if available, telephone, fax numbers and e-mail address at which the consumer may contact the entrepreneur and, if necessary, details of the entrepreneur on whose behalf he is acting (name, registered office address). Address of the place of business of the trader and, where applicable, of the entrepreneur on whose behalf he is acting and where the consumer can make complaints, if the address of the place of business is different from the address of the registered office;

4) the total price of the goods or services, including taxes, or where, due to the nature of the goods or services, the price cannot reasonably be estimated in advance, the method by which that price is calculated and, if necessary, any additional transport, delivery, postal and other charges, or where these additional costs cannot be estimated in advance for justified reasons, information that they may have to be paid. In the case of a contract of indefinite duration or a contract where periodic payments are foreseen, the total price shall comprise all the costs of a given invoicing period. If a fixed fee is payable under the contract, the total price also means the full monthly cost. If all costs cannot be reasonably estimated in advance, the method by which the price is calculated must be specified;

5) the costs of using means of communication when concluding the contract, if they are calculated not in accordance with the basic (usual) amounts;

6) the procedure for payment, delivery, performance of the contract, the term for delivery of goods or provision of services and, if necessary, the procedure for the examination of consumer complaints by the entrepreneur;

7) right of withdrawal: the conditions, term and procedure for exercising this right according to the Article 6.228 (10) of Civil Code, as well as a model withdrawal form or information that the consumer has no right of withdrawal in accordance with Article 6.228 (10) of Civil Code, or where appropriate, the circumstances in which the consumer loses the right of withdrawal;

8) if necessary, information that the consumer, having withdrawn from the contract, must bear the cost of returning the goods and, in the case of distance contracts, the cost of returning the goods if, by their nature, the goods cannot normally be returned by post;

9) information that the consumer who withdraws from the contract in accordance with Article 6.228 (10) (9) or (10) of Civil Code must pay reasonable costs to the trader in accordance with Article 6.228 (11) (9) of Civil Code;

10) a reminder about the product warranty in accordance with the law;

11) if necessary, customer service, services provided to them after the conclusion of the contract and quality guarantee (commercial guarantee) and their conditions;

12) if necessary, the code of conduct applicable to the entrepreneur and information on how to access it;

13) if necessary, the duration of the contract and, where the contract is open-ended or automatically renewed, the conditions for terminating the contract;

14) if necessary, the minimum duration of the contract;

15) if necessary, the securities or other financial guarantees which the consumer must provide or pay at the request of the trader and the conditions for the application thereof;

16) if necessary, the possibility to file a complaint or claim out of court redress and the conditions for exercising it;

17) where applicable, the functional characteristics of the digital content, including the technical security measures applied;

18) if necessary, the compatibility of the digital content with the hardware and software, as far as the entrepreneur knows or needs to know.

The obligation of proving that the information is provided to the consumer lies with the trader.

Can I withdraw from distance contract or contract concluded by means of communication?

The Article 6.228 (10) (1) of the Civil Code establishes the consumer's right to withdraw from a distance contract within 14 days without giving a reason and without incurring costs other than those provided for in Article 6.228 (11) of Civil Code. It should be noted that this right is not absolute, so before purchasing a product at a distance, it is advisable to note the exceptions provided for in paragraph 2 of the same article, which are not covered by the right of withdrawal. It should also be noted that the returned product must be undamaged, unused, i. y. be intact in appearance.

What are the exceptions to the right to withdraw from a distance contract?

The consumer's right to withdraw from a distance and off-premises concluded contract shall not apply to the following contracts:

1) service contracts under which the services are provided to the consumer in full and the consumer has given his express consent and recognition that he will lose the right to withdraw from the contract when the trader has performed the contract in full;

2) contracts under which the price of products sold or services provided depends on financial market fluctuations during the withdrawal period specified in Paragraph 1 of Article 6.228 (10) of the Civil Code;

3) contracts for products manufactured according to the consumer's specific instructions, which are not pre-manufactured and which are produced according to the consumer's personal choice or instruction, or for products which are clearly tailored to the consumer's personal needs;

4) contracts for perishable goods or goods with a short validity period;

5) contracts for packaged goods which have been unpacked after delivery and which are unfit for return for reasons of health protection or hygiene;

6) contracts for goods which, after delivery, by their nature are inseparably mixed with other goods;

7) contracts for alcoholic beverages, the price of which is determined at the time of concluding the sales contract and which are delivered thirty days after the conclusion of the contract, and the fair value of the beverages depends on market fluctuations;

8) contracts concluded after the consumer has made a specific request to the trader for this arrival in order to carry out urgent repairs or maintenance. If, in this case, the trader provides more additional services than the consumer has specifically indicated, or sells more additional goods than are necessary for the repair or maintenance, those additional services or goods shall be covered by the right of withdrawal;

9) contracts for packaged video or audio recordings or packaged software that have been unpacked after delivery;

10) contracts for the delivery of newspapers, periodicals or magazines, except contracts for the subscription of these publications;

11) contracts concluded at a public auction;

12) contracts for accommodation, carriage of goods, car rental, catering or leisure services, if the contract specifies a specific date or period for the provision of services;

13) contracts for the supply of digital content, if the supply of digital content has been started with the consumer's express prior consent and acknowledgment that he or she will lose the right to withdraw from the contract as a result.

How should the consumer notify the seller of his wish to withdraw from a distance contract?

The consumer shall notify the trader of the withdrawal from the distance or off-premises concluded contract:

1) by submitting a duly completed contract withdrawal form. This form shall be approved by the Government of the Republic of Lithuania or an institution authorized by it; or

2) by making a clear statement setting out his decision to withdraw from the contract.

The trader may enable the consumer to submit documents on the website electronically regarding the withdrawal from a distance or off-premises contract. In this case, the trader must immediately confirm to the consumer on a durable medium that he has received his withdrawal.

The obligation of proving compliance with the requirements of the Civil Code for withdrawal lies with the consumer.

I bought the good online, but it didn’t suit me. Who bears the cost of returning the product?

The Article 6.228 of the Civil Code states that the consumer bears only the direct costs of returning the goods, unless those costs are covered by the trader under the contract or the trader has not duly informed the consumer that these costs will be covered by the consumer.

When I bought the product online, I also paid for the delivery of the product, but the product did not suit me. Is the seller right to reimburse only the cost of the goods and not the cost of delivery?

The Article 6.228 (11) of the Civil Code states that the trader must reimburse the consumer all sums paid, including the delivery costs paid by the consumer, without delay and no later than fourteen days from the date on which he received the consumer's notice of withdrawal. The consumer bears only the direct costs of returning the goods, unless those costs are covered by the trader under the contract or the trader has not duly informed the consumer that these costs will be covered by the consumer. Thus, in this case, the cost of delivery of the goods must be reimbursed by the seller.

I bought the item online, but it didn’t suit me. Can I return the item to the seller only after I will receive money for the item?

The Article 6.228 (11) (5) of the Civil Code states that the consumer must send or transfer the goods to the trader without delay and no later than fourteen days from the date of notification to the trader, unless according to the contract the trader is obliged to take back the goods when the consumer withdraws from the contract. Accordingly, paragraph 4 provides that the trader may not refund the amounts paid by the consumer until the goods have been returned to the trader or until the consumer provides proof that the goods have been sent to the trader, unless the trader has a contractual obligation to take back the goods.

I bought goods online. Does the seller have to reimburse me for all delivery costs if I refuse part of the purchased goods?

When the seller fulfills the obligation to return the money paid to the consumer for the goods and the delivery costs of the goods when only part and not all of the goods are refused, the seller must calculate the refund to the consumer accordingly in proportion to the total order.

There was a dispute concerning the goods purchased online. The seller is an entrepreneur established outside the European Union, Norway or Iceland. Where can I apply?

The State Consumer Rights Protection Authority is not authorized to examine consumer requests for transactions in which one party - the seller - resides or is established outside the European Union, and the other party is a citizen of the Republic of Lithuania. In this case, you have the right to contact the World Consumer Rights Network at http://www.econsumer.gov/ or http://www.consumersinternational.org/  for your consumer protection rights and to submit your complaint (request) together with documents substantiating the circumstances of the dispute (order information, document proving payment for the goods, e-mails, etc.).

When does the consumer acquire the right to withdraw from a distance contract within 12 months instead of 14 days?

If the trader has not provided the consumer with information on the right to withdraw from the contract in accordance with Article 6.228 (7) of the Civil Code, the consumer has the right to withdraw from the contract within 12 months of the deadline set in paragraph 3 of this Article.

What is considered a "custom-made" product for the consumer that the consumer cannot return?

This exception should be applied, for example:

- goods made according consumer’s specifications, such as furniture dimensions or fabric size;

- goods which the consumer has ordered to be supplemented by special functions adapted to his personal needs; this may be, for example, a custom-made car model or a specific computer part that needs to be provided individually to the consumer's order and is not part of the dealer's overall public offer;

- business cards with the consumer's contact details or a T-shirt with a consumer’s selected image.

In that context, the specifications or personalization referred to by the consumer should be understood as meaning that the goods are, in principle, unique and manufactured in accordance with the individual wishes and needs expressed by the consumer in agreement with the trader.

Conversely, when the consumer simply assembles the goods himself by choosing from the standard (pre-determined) options offered by the trader, such as choosing a car color or accessories or assembling a set of furniture from standard parts, this should not be considered as "specified" or "personalized" interpreting this provision narrowly.