The seller is liable for two years
The seller is liable for any defect that existed at the time of delivery and shows up within two years. The law calls this a lack of conformity, and it means the goods are not what they should be under the contract, the description or their usual purpose. This is the seller’s legal obligation and does not depend on whether they gave you a warranty.
One more point matters for furniture: if assembly is part of the purchase and is done by the seller or someone on their behalf, the furniture is considered delivered only once assembly is finished. The two-year period then runs from the end of assembly. If a defect arose from the seller’s poor assembly, that is also a lack of conformity they are liable for.
The first year is on your side
If a defect appears in the first year after delivery, it is presumed to have existed from the start, unless the seller proves otherwise. Under the old law that period was six months. This means that in the first year you do not have to prove the fault is a factory one, the seller has to prove it is not.
What you can demand
You can demand that the defect be removed free of charge, by repair or replacement. If repair or replacement is not possible, if the seller refuses it, if the defect remains after repair or if it is serious enough, you are entitled to a price reduction or to cancel the contract and get your money back. Cancelling the contract is not possible only when the defect is minor, and the seller must prove that it is minor.
If you report it within 30 days of receiving the goods, you choose freely what to demand: repair, replacement, a price reduction or cancellation of the contract. Until the seller fulfils their obligation, you have the right to withhold the unpaid part of the price, which is useful if you are paying for the furniture in instalments or have paid only a deposit.
Deadlines the seller must meet
| What | Deadline |
|---|---|
| Written reply to your complaint | 8 days |
| Repair or replacement | 15 days |
| Repair or replacement with a substitute item you accepted | 21 days |
| Refund after cancelling the contract | 8 days |
Repair or replacement is free and must be done within a reasonable time, at the latest within 15 days. If the furniture has already been assembled, the seller also bears the cost of taking it apart and reassembling it. The deadline can be 21 days only if the seller offered you another item to use within three days while the repair is under way, and you expressly accepted.
How long you have to report it
You must notify the seller of the defect within 90 days of noticing it, and in any case before two years from delivery run out. If you do not, you lose your rights on that ground. So do not put a complaint off, even when the defect is small.
How to make a complaint about furniture
Submit the complaint to the seller you bought the furniture from, in writing, on paper or by another durable means such as email. Describe the defect, attach photos and state what you are asking for. A receipt, a contract, a warranty card or a fiscal receipt extract can serve as proof of purchase.
The seller must keep a record of complaints and give you a written confirmation of receipt if they do not resolve the complaint immediately. Keep a copy of everything you send and note the date, because the deadlines run from that day.
Buying online or at home
If you ordered the furniture online or by phone, or signed the contract away from the shop, for example at your home, you can withdraw from the purchase within 14 days of receiving the furniture, without giving a reason. The seller must then refund you within 14 days of your telling them you are withdrawing. You pay only the cost of returning the goods, unless the seller agreed to bear it or did not inform you about it.
This right does not apply to furniture made to your specification or adapted to you, such as a custom kitchen or wardrobe. For such furniture everything above about defects still applies, but you cannot withdraw just because you changed your mind.
Delivery and warranty
If delivery is charged for, the seller must tell you the price and method of delivery in advance. If they did not, delivery is considered free and the furniture should be brought into the room you specify.
A warranty given by the manufacturer or seller exists alongside the seller’s legal liability, not instead of it. Whoever gives a warranty must honour it as stated in the warranty card or the advertisement, and the two years of legal liability apply in every case.
If you cannot agree
If the seller rejects the complaint or does not reply, for disputes up to €10,000 you can turn to the Out-of-Court Consumer Dispute Resolution Board at the Chamber of Commerce of Montenegro (Odbor za vansudsko rješavanje potrošačkih sporova pri Privrednoj komori Crne Gore). The Board will consider your request only if you first tried to settle the dispute with the seller, and a submitted complaint counts as such an attempt. You can also go to court.