Information on guarantees for the sale of consumer goods
Goods regulated by the law
The Guarantees Law applies to personal property for private consumption, that is, consumer goods: from a household appliance to a vehicle, including furniture, objects of all kinds, even works of art. Services and real estate are excluded, due to their nature. The Law excludes the purchase and sale between individuals.
For new consumer goods, the warranty is two years, while for second-hand products, the warranty is one year. During the first six months of warranty for a new product, it is assumed that the damage is factory-made and the seller must assume all repair costs, both parts, and transportation and working hours. The warranty period will be suspended for the time that the product or object is being repaired.
Product in good condition
The law considers that a consumer must feel satisfied with the product purchased if it meets the following requirements: the product conforms to the description given by the seller and has the qualities demonstrated by means of a demonstration or model. It must also be used for what is indicated both in the instruction manual and in the verbal instructions given by the seller or in a demonstration video. Advertising, indications
reflected on a label or a use that is given by the characteristics of the product also serve as a common use. This must also be the case in the case that the consumer requests a special use and the seller assures him that the good he has purchased will provide it. In addition, the product that is purchased must have the appropriate qualities and behaviors. In this way, a pressure cooker must cook faster than a traditional kettle.
Application of the Law
The Law obliges the seller of consumer goods, on the one hand, and consumers as final recipients, on the other. That is, contracts made between individuals are excluded, since the Law only provides for the purchase and sale between a professional seller and a consumer.
It applies 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 water or gas not packaged for sale is also not subject to this
law.
Claim in the event of a product defect
The seller is primarily responsible for the product. However, the consumer can turn directly to the manufacturer or importer if resorting to the seller would be a burden. For example, if during a holiday away from home a digital camera has been purchased that does not meet the specifications offered in the store, it is easier for the consumer to turn to the manufacturer or importer than to the establishment where it was purchased.
If the product does not meet the advertised characteristics, the consumer can choose between repairing the good or replacing it, unless this is impossible or disproportionate. If repair or replacement is not possible or disproportionate, the consumer can opt for an appropriate price reduction or for the termination of the contract, that is, the refund of the price.
The consumer cannot demand replacement if it is second-hand goods or goods that cannot be replaced. For example, replacement cannot be demanded if the good is no longer manufactured or is out of stock, if a second-hand vehicle is purchased, and neither, due to the impossibility involved, can a work of art, an antique or an exclusive clothing design be replaced. Replacement is disproportionate if it is a small defect that is easy to repair. Repair is disproportionate if it is uneconomical, that is, if the repair is more expensive than the value of the good.
Claim periods
The consumer must report the error within two months of detecting it. In this sense, if the problem has appeared during the six months after purchasing 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 these six months have passed, it is the consumer who must demonstrate that the error comes from the factory and that it has not been caused by misuse of the
product.
The Law establishes that during the six months following the delivery of the repaired good, the seller is responsible for the errors that led to the repair, assuming that it is the same error if defects of the same nature as those initially repaired occur. To make this repair guarantee effective, the consumer must keep the proof of the repair and of the technical service that, at the time, repaired the product.
Error after repair or replacement
The Law includes these possibilities: If the consumer preferred the replacement of a product with an error with another of the same type, he can request the seller to repair it, provided that it is not disproportionate, a price reduction or a refund of the amount. Otherwise, if in the event of an error in a product it was preferred to repair it, the consumer can demand a change, a price reduction or a refund of the entire amount paid.
However, the Law does not specify either the amount or the type of price reduction that the seller must make to the consumer in the event that this is the chosen option. Thus, the two parties involved in the purchase and sale are obliged to reach agreements satisfactory to both parties.
Refusing to repair, reduce the price or refund the amount
If we are within the first six months, we must demand the repair and request the Claims Form and insist, even until reaching judgment. It is assumed that the error already existed. But if the first six months have already passed, we find ourselves in the opposite situation. It is the consumer who must prove that the product was purchased with the error.
In any case, the consumer must negotiate and, if he does not agree with the discount that the seller offers him, he can resort to an appraiser to determine the price of the product after the repair and request a price reduction in this regard.
Instruction manual and poor installation
If a consumer misuses a product because the instruction manual is incorrect, the warranty law protects the consumer and can demand repair or replacement. Similarly, if the error occurs due to poor installation caused by both the erroneous instructions in the manual and the technicians sent by the seller, the latter is also responsible.
In the event of repair or transfer to a technical service, what must the consumer pay?
Nothing. During the period in which the warranty is effective, the seller or producer must cover the cost of travel, parts and repair time. In addition, while the product is in the technical service, the warranty time is suspended. That is, the clock does not run. On the other hand, apart from demanding the application of the warranty (repair, exchange, price reduction or refund of the amount), the consumer can demand compensation for damages or losses arising from the breakdown and the repair time. For example, if a user purchases a refrigerator that breaks down a week after buying it, in addition to requesting that the warranty be effective, the user can demand compensation for the food that has been spoiled due to the malfunction of the appliance.
Commercial guarantee
The commercial guarantee is one that the manufacturer, distributor or seller gives and that must always exceed that offered by the law, since the latter is understood as the minimum required by the consumer. It is also a marketing tool for companies. However, the guarantee must meet certain requirements, such as making it clear what it applies to, the object or product that has the aforementioned guarantee and the name and address of the person offering it.
