Goods Regulated by Law

The Guarantees Act applies to personal property for private consumption, including household appliances, vehicles, furniture, various objects and even works of art. Services and real estate are excluded. Transactions between individuals are also excluded from this law.

Warranty Periods:

• New Goods: 3 years
• Second Hand Goods: 1 year

Six Month Initial Warranty:

• For new goods, defects are presumed to be factory defects; the seller covers all repair costs, including parts, labor, and transportation.
• The warranty period is suspended during repairs.

Product Status

A consumer has the right to be satisfied if:

• The product matches the description given and shows the qualities indicated in a demonstration or model.
• The product fulfills the purpose indicated in the instructions, verbal indications or advertising.
• The product presents 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 non-bottled 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 (for example, while traveling).

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 required for second-hand goods or items that are impossible to replace (for example, unique pieces of art).

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 to be manufacturing defects and must be rectified by the seller.
• Post-Repair Warranty: Seller is responsible for defects related to the original problem for six months after repair.

Problems After Repair or Replacement

• If Replaced: Consumer may request repair, discount or refund.
• If Repaired: Consumer may 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.

Instruction Manual and Incorrect Installation

Incorrect Instructions:

• If misuse is due to incorrect instructions, the consumer may demand repair or replacement.

Faulty Installation:

• Seller is responsible for errors in installation or service instructions.

Costs During Repair

Covered by Seller:

• Transportation, parts and repair labor costs.
• The warranty period is suspended while the product is being repaired.

Additional Claims:

• Consumers may claim compensation for damage or loss resulting from the defect and the repair time (for example, spoiled food due to a defective refrigerator).

Trade Assurance

Definition:

• A warranty provided by the manufacturer, distributor or seller, which must exceed the minimum legal requirement.

Requirements:

• It must specify the coverage, product details and the offeror's contact information.