Goods Regulated by the Law
The Warranty Law applies to private consumer movable goods, including appliances, vehicles, furniture, various objects, and even works of art. Services and real estate are excluded. Transactions between private individuals are also excluded from this law.
Warranty Periods:
- New Goods: 3 years
- Second-Hand Goods: 1 year
Initial Six-Month Warranty:
- For new goods, defects are presumed to be factory-made; the seller covers all repair costs, including parts, labor, and transport.
- The warranty period is suspended during repairs.
Product Condition
A consumer has the right to be satisfied if:
- The product matches the given description and shows the qualities indicated in a demonstration or model.
- The product meets the purpose indicated in instructions, verbal indications, or advertising.
- The product has the expected quality and performance.
Application of the Law
The Law applies to:
- Sales between a professional seller and a consumer.
- Any purchase of private consumer goods.
- Excluded: Judicial sales (auctioned goods) and distribution of unpackaged water or gas.
Claim in Case of Product Defect
Primary Responsibility:
- The seller is primarily responsible.
- Consumers may contact the manufacturer or importer directly if dealing with the seller is impractical (e.g., during travel).
Options for Defective Products:
- Repair or Replacement: If possible and not disproportionate.
- Discount or Refund: If repair or replacement is not feasible.
Exclusions:
- Replacement cannot be demanded for second-hand goods or items impossible to replace (e.g., unique art pieces).
Claim Periods
- Two-Month Notification: The consumer must report defects within two months of their detection.
- Six-Month Presumption: Defects within six months of purchase are presumed factory faults; the seller must fix them.
- Post-Repair Warranty: The seller is responsible for defects related to the original problem for six months after the repair.
Problems After Repair or Replacement
- If Replaced: The consumer can request repair, discount, or refund.
- If Repaired: The consumer can demand replacement, discount, or full refund.
Negotiation Required:
- The amounts or types of discounts must be negotiated between the buyer and the seller.
Denial of Repair, Discount, or Refund
- Within Six Months: Request repair, file a claim, and escalate if necessary.
- After Six Months: The consumer must prove that the defect existed at the time of purchase.
Dispute Resolution:
- Consumers can request an appraisal to determine the post-repair value and negotiate a price adjustment.
Incorrect Instruction and Installation Manual
Incorrect Instructions:
- If misuse is due to incorrect instructions, the consumer can demand repair or replacement.
Defective Installation:
- The seller is responsible for errors in installation or service instructions.
Costs During Repair
Covered by the Seller:
- Costs of transportation, parts, and repair labor.
- The warranty period is suspended while the product is under repair.
Additional Claims:
- Consumers can demand compensation for damages or losses resulting from the defect and repair time (for example, spoiled food due to a defective refrigerator).
Commercial Warranty
Definition:
- A warranty provided by the manufacturer, distributor, or seller, which must exceed the legally required minimum.
Requirements:
- You must specify the coverage, product details, and contact information of the offeror.