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13/02/2009
FAQ: Guarantees
Here you can read everything you need to know about guarantees in Europe. Can't find the answer to your question? Then contact our legal service (02 542 33 46 or info@eccbelgium.be). Our service is free of charge.
1. My new camera has stopped working. Do I need to approach the manufacturer or the seller?It depends on the guarantee that you wish to use. There are two types of guarantee: the legal and the commercial guarantee. You benefit from a legal guarantee of two years on any purchase of consumer goods within the European Union. This guarantee is binding on the seller of the goods, not the manufacturer. A seller or a manufacturer can also give you a commercial guarantee. This guarantee shall under no circumstances restrict the legal guarantee and must be the subject of a written document which sets out the conditions of application, which may be restrictive. In the event of a problem occurring in the six months following the purchase, we advise you to contact the seller in the first place. After six months it is often easier to make use of the commercial guarantee, but do not forget to inform the seller in order to preserve your legal guarantee. 2. I bought a mobile phone a little more than a year ago and now it has stopped working. The seller however refuses to repair it free of charge. Isn't the legal guarantee two years?The legal guarantee does apply for two years everywhere in Europe. This needs to be qualified, however, depending on whether the problem appears before or after the first six months following the purchase. If a fault appears within the first six months following your purchase, the seller is presumed to be liable. However, if the seller can prove that the fault is due to incorrect use, then he cannot be held liable. After this six month period it is still possible for you to hold the seller liable, but if the seller disputes this, then you will have to prove that the fault existed when the product was supplied, which is usually difficult. In the majority of the cases you will have to call upon an expert. 3. When does the legal guarantee start to run?The period of two years starts to run from the delivery of the goods. If you made a purchase in a shop and left with the goods, the guarantee will start to run from the day of the purchase. If, on the other hand, the goods were delivered to you, it is the day of delivery which will be taken into account. It is therefore important to look after your proofs of purchase and also the delivery note (as the case may be). 4. My dishwasher doesn’t work. I wrote to the seller but he refuses to repair it. My guarantee will expire in a few days, so what should I do?The legislation provides that the two-year deadline is suspended during the time necessary to repair the goods, and also if you are negotiating with the seller. You should therefore consider making your complaint in writing to the seller, so you can prove that you have notified the problem within the guarantee period. 5. My computer won’t start any more. The seller admits that it is faulty but refuses to repair it because the factory guarantee is only valid for one year. What can I do?The guarantee to which your seller is referring is the commercial guarantee offered by the manufacturer on your computer. It has nothing to do with the two-year legal guarantee which is binding on the seller (see question 1). If the seller admits the computer is faulty, he must repair or replace your computer. It is up to him to make a claim against the manufacturer. 6. The screen on my television doesn’t come on any more even though I bought it only three months ago. I have no confidence any more in this seller. Can I demand a refund from him?Not immediately. The seller must allow you to choose between repairing or replacing your television. Only if both are impossible will you be entitled to a refund. 7. One of the doors of my cupboard does not close properly. This cupboard was very expensive and I want the seller to replace it. He refuses to do so and proposes to repair the faulty hinge. Can’t I demand a replacement?The consumer is in principle allowed to choose whether to repair or replace an item, but not if his choice is impossible or disproportionate. 8. I bought a radio in Spain. The radio is broken and the seller wants to repair it, but who is going to pay the costs of carriage?The European Directive on guarantees provides that the replacement or repair of a faulty product must not entail any costs for the buyer, including post and packing costs. In theory therefore the seller must pay for returning the device to him and then returning it to the consumer. This is certainly the case when goods are bought remotely. If you bought your radio on a Spanish website, then the seller will be aware that you live abroad because he has to deliver the goods to you. If there is a problem with the device, then the seller will have to bear the carriage costs. Sometimes it happens that the seller first wishes to examine the device to see if it is really a manufacturing fault before agreeing to bear the costs. You will have to return the goods to the seller at your own expense and demand a refund of your costs if he admits that the device is faulty. But if you bought your radio in a shop in Spain, then the seller is not expected to know that you live in another country. In practice it may be difficult to convince the seller to bear the entire carriage costs for the goods. We advise you to try to come to an amicable solution with the seller by proposing to share the costs of carriage.
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