Information on guarantees on the sale of consumer goods
The Guarantees Act applies to personal property for private consumption, i.e. consumer goods: from household appliances to vehicles, furniture, objects of all kinds, even works of art. By its very nature, services and real estate are excluded.
The Law excludes sales between individuals.
For new consumer goods, the warranty will be two years, while for second-hand products, the warranty will be one year. During the first six months of the warranty for a new product, it is assumed that the damage is factory-caused and the seller must assume all repair costs, including parts, transportation, and labor hours. The warranty period is suspended during the time that the product or object is being repaired.
The law considers that a consumer must be satisfied with the product purchased if it meets the following requirements: that the product conforms to the description given by the seller and that it has the qualities shown through a demonstration or model. It must also serve the purpose indicated in the instruction book, as well as in the verbal instructions given by the seller or in a demonstration video. Advertising, instructions appearing on a label, or a use that is derived from the characteristics of the product itself also qualify as normal use. Even if the consumer has requested a special use and the seller has assured him that the purchased item will offer it, this must be the case. In addition, the product purchased must have the appropriate quality and performance. Thus, a pressure cooker must cook faster than a traditional pot.
The Law is binding on sellers of consumer goods, on the one hand, and on consumers as final recipients, on the other. In other words, contracts made between individuals are excluded, since the Law only provides for the purchase and sale between a professional seller and a consumer.
It will apply whenever a consumer good is purchased, that is, any object or product for private consumption. Goods acquired in a judicial sale (auction of confiscated goods) are excluded. The distribution of non-bottled water or gas for sale is also not subject to this law.
The seller is the first person responsible for the product. However, the consumer can go directly to the manufacturer or importer if going to the seller is a burden. For example, if during a holiday away from home a digital camera is purchased that does not match what is offered in the store, it is easier for the consumer to go to the manufacturer or importer than to the store where it was purchased.
If the product does not meet the advertised characteristics, the consumer may choose between repair of the product or its replacement, unless this is impossible or disproportionate. If repair or replacement is not possible or is disproportionate, the consumer may opt for an appropriate reduction in the price or for termination of the contract, i.e. the refund of the price.
The consumer cannot demand replacement when it concerns second-hand goods or goods that cannot be replaced. For example, replacement cannot be demanded if the goods are no longer manufactured or are out of stock, if a second-hand vehicle is purchased, or if, due to the impossibility involved, a work of art, an antique or an exclusive clothing design cannot be replaced. Replacement will be disproportionate when it concerns a small
defect that is easy or simple to repair. Repair will be disproportionate when it is uneconomical, that is, when the repair is more expensive than the value of the good.
The consumer must report the fault within two months of detecting it. In this sense, if the problem has appeared within six months after the purchase of the product, the seller must make the guarantee effective, since during this period of time it is assumed that the problem comes from the factory. However, if those six months have passed, it is the consumer who must prove that the fault is from the origin and has not been caused by misuse of the product.
The Law establishes that during the six months following the delivery of the repaired item, the seller will be liable for the defects that led to the repair, presuming that it is the same defect when defects of the same origin as those initially repaired are reproduced. In order to make this repair guarantee effective, the consumer must keep proof of the repair and of the technical service that, at the time, repaired the product.
The Law provides for the following possibilities: If the consumer chose to replace a faulty product with an identical one, he or she may request that the seller repair it, provided that it is not disproportionate, a reduction in price or a refund of the money. On the other hand, if a faulty product was repaired, the consumer may demand an exchange, a reduction in price or a refund of all the money paid.
However, the law does not specify the amount or type of price reduction that the seller must make to the consumer if that is the chosen option. Thus, both parties involved in the sale are obliged to reach agreements that satisfy both.
If we are within the first six months, we must demand repair and request a Complaint Form and insist even to the point of going to court. It is presumed that the defect existed. But if the first six months have already passed, the opposite is true. It is the consumer who must prove that the product was purchased with the defect.
In any case, the consumer will have to negotiate and if he does not agree with the discount offered by the seller, he can go to an appraiser to determine the price of the product after repair and request a price reduction accordingly.
If a consumer misuses a product because the instruction manual is incorrect, the guarantee law protects the consumer and can demand repair or replacement. Similarly, if the fault is caused by poor installation caused either by incorrect instructions in the manual or by the technicians sent by the seller, the seller is also responsible.
Nothing. During the period in which the guarantee is in force, the seller or producer must bear the cost of travel, parts and repair time. In addition, while the product remains in the technical service, the guarantee period is suspended. In other words, the clock does not run. On the other hand, apart from demanding the application of the guarantee (repair, exchange, price reduction or refund), the consumer can demand a
compensation for damages or losses resulting from the breakdown and the repair time, for example, if a user purchases a refrigerator and it breaks down a week after purchase, in addition to requesting that the guarantee be enforced, said user can demand compensation for the food that has spoiled due to the malfunction of the appliance.
The commercial guarantee is the one given by the manufacturer, distributor or seller, and it must always exceed the one offered by law, since this is understood as a minimum requirement for the consumer. It is also a tool for marketing of companies. However, this guarantee must meet certain requirements, such as making clear what it applies to, the object or product that has said guarantee and the name and address of the person offering it.
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