Bankruptcies

Getting your money back when you paid for a purchase in advance

Your chances of getting you money back when a company goes bankrupt depend on how you paid for your purchase.

Follow these steps if you paid for your purchase with a credit card or credit granted for purchasing a product

• You can demand that the creditor refunds your payment. You can appeal to the fact that the product was not delivered and your right to cancel a distance sale contract within 14 days.
• When you cancel a distance sale contract with an online store, any credit contract associated with it will also be cancelled automatically.
• If you paid for your purchases with a debit card, you can claim a refund from the card company if the company has specified this possibility in the terms and conditions of the card.

Follow these steps if you paid for your purchase in some other way, for example through online banking

• You will have to pursue your claim in the bankruptcy proceedings unless, for example, the product you paid for has been set aside for you in the store warehouse.
• Contact the bankruptcy trustee who is drawing up an estate inventory. To make your claim, you must submit a letter of lodgement to the bankruptcy trustee, specifying your receivables and their grounds.

 

Compensation for a gift voucher when a company goes bankrupt

A company that has gone bankrupt has the right to not accept gift vouchers. When a company has been declared bankrupt, it no longer has the right to control its assets, as they belong to the bankruptcy estate. The company’s assets are managed by a bankruptcy trustee appointed by a court of law.

Follow these steps to receive compensation for a gift voucher if the company has gone bankrupt:

• Pursue your claim in the bankruptcy proceedings.
• Submit a letter of lodgement to the bankruptcy trustee, in which you specify your receivable and its grounds.

Complaining about a defective service when a company goes bankrupt

If the vendor of a service has gone bankrupt, you can complain about a defect in the service to a subcontractor if the vendor has used a subcontractor to perform the work.

If the defect was caused for a reason the subcontractor could not control and only after the work was handed over, the subcontractor is not liable for the defect.

You should report the defect to the vendor within a reasonable time period after you discover or should have discovered it.

Follow these steps to file a complaint about a defect in a service

• You can first demand that the work is repaired or redone.
• If repairs are not possible, you can ask for a price reduction. The price reduction is calculated from the price at which the subcontractor sold its service performance to the vendor, not the contract price you paid.
• If the defect is not minor or it cannot be rectified by any other means, you may demand that the contract is cancelled. The price reduction is calculated from the price at which the subcontractor sold its service performance to the vendor. This means that if the sale is cancelled, you cannot demand that the subcontractor refunds the full contract price.

Complaining about a defect in a product when a company goes bankrupt

If the vendor has gone bankrupt, you can file a complaint about a defect with the manufacturer of the goods, the importer or any other link in the supply chain.

If the defect was caused by a reason the manufacturer or importer could not control and only after the goods were handed over to the vendor, they are not liable for the defect.

You must file the complaint within a reasonable time period after you discovered the defect, or you should have discovered it. While a reasonable time period may vary depending on the situation, it is always at least two months.

Follow these steps to file a complaint about a defect in a product

If the warranty is valid

• You can complain about a defect in the product and claim compensation from the manufacturer or importer.
• Compensation for a defect in the goods is given as set out in the warranty conditions.

If there is no warranty, or the warranty has expired

• You can complain about a defect in the product and claim compensation if the product’s service life in normal use is shorter than what can be expected of goods of a similar quality and price.
• You can first demand that the product is repaired or replaced with a non-defective one.
• If repairing or replacing the product is not possible, you have the right to request a price reduction or cancellation of contract.
• The price reduction or compensation is calculated from the price at which the manufacturer or importer sold the goods to the vendor. This means that you cannot claim the full purchase price from the manufacturer or importer.