Filenews 22 November 2021 - by Theano Thiopoulou
Consumers also acquire more rights under the law, for guarantees and defective products, as of 1-1-2022, as the new European rules on the legal guarantee are implemented, which are expected to contribute to the proper functioning of the internal market and the protection of consumers' interests.
The new framework establishes common rules on certain requirements concerning sales contracts concluded between the seller and the consumer, in particular rules on the conformity of the goods with the contract, the remedy in the event of a lack of such conformity, the means of exercising such redress and the commercial guarantees. According to the information available on the website of the consumer protection service of the Ministry of Commerce, the main consumer rights arising from the new legislative framework are summarized as follows:
● Right to the legal guarantee: In case the product you buy shows a defect - lack of conformity, then the legal guarantee of 2 years applies. In such a case, you have the right either to have the goods re-conformity restored free of charge by repair or replacement, or to a price reduction, or to a withdrawal from the contract in respect of that good.
● Right to replace a new product or refund your money: In case the product you have purchased shows a significant defect – lack of compliance within 30 days from the date of receipt, then you have the right to terminate the contract (refund of the paid part) or request its immediate replacement.
● Right to quick repair - restoration of conformity: In case the product you have purchased presents a problem, then its repair or replacement should be carried out within a reasonable period of time not exceeding 25 days, from the moment the seller was informed by the consumer about the lack of conformity. The 25-day period can only be extended with your explicit consent.
● Right to extend the warranty period: The time elapsed for the restoration of conformity – repair and / or negotiations of the seller and the consumer for the purpose of amicable settlement, does not count towards the time of the 2-year warranty. For this purpose, the seller must provide the customer with an acknowledgement of receipt and delivery when a product is delivered to him for repair or replacement purposes. Furthermore, the customer has the right to ask the seller for a written report of the conclusion of the technical inspection carried out on the product.
European legislation
According to the European Commission, under EU rules, if the products you bought prove to be defective or do not correspond to the advertised characteristics, the trader must repair them, replace them, reduce the price or refund your money. If you purchased a product or service online or out of the store (by phone, by mail order, or from a home seller), you also have the right to cancel your purchase and refund within 14 days, for any reason and without any justification.
Under European legislation there is the right to a minimum 2-year guarantee without any charge, regardless of whether the customer bought the product online, in a store or by mail order. This 2-year guarantee is the minimum right. However, the laws of each country can provide you with extra protection. If you bought products anywhere in the EU turn out to be defective or do not correspond to the advertised features, the seller must repair or replace them for free or reduce the price or reimburse you all the money you paid.
The 2-year warranty period begins with the receipt of the products. If the products you bought fail within this 2-year period, the trader must always find a solution for you. In some EU countries you are also entitled to claim compensation from the manufacturer.
If the product you purchased is damaged within the first 6 months, it is assumed that the problem existed when you received it, unless the trader can prove otherwise. Therefore, you are entitled to a free repair and replacement, or if this proves to be too difficult or costly, you may be offered a price reduction or a refund.
If the product you bought breaks down after 6 months, you are still entitled to a free repair or replacement or, at the very least, a price reduction or a refund. However, you will have to prove that the problem already existed when receiving the products.
