Jälkiostotilanne

Jälkiostotilanne refers to a situation in Finnish business and consumer law where a buyer, after having accepted a product or service, discovers a defect or non-conformity that was not apparent at the time of acceptance. This situation arises when the defect is latent or hidden, meaning it could not reasonably have been detected through a standard inspection upon delivery or service completion.

The buyer's rights in a jälkiostotilanne depend on the specific circumstances and the applicable legislation, typically the Finnish Consumer Protection Act or the Sale of Goods Act. Generally, the buyer is entitled to seek remedies from the seller. These remedies can include demanding rectification of the defect, a price reduction, or in some cases, cancellation of the contract and a refund.

For a jälkiostotilanne to be recognized, the defect must have existed at the time of transfer of risk to the buyer, even if it only became apparent later. The buyer must typically notify the seller of the defect within a reasonable time after discovering it. Failure to provide timely notice can jeopardize the buyer's right to claim remedies. The seller may also have rights, such as the opportunity to rectify the defect before the buyer can pursue other remedies. The burden of proof regarding the existence of the defect at the time of transfer often lies with the buyer.