Below we explain the changes to the legal warranty and the right of withdrawal: Law No. 21.398 “Pro-consumer”, published on December 24, 2021, entered into force yesterday, March 24, 2022, extending the duration of the legal consumer warranty from 3 to 6 months. These changes will have an impact on the activities of suppliers in relations with consumers, as they will have to adapt not only the legal texts addressed to the public, but also their activities to take account of these changes and comply with the rules. This article “The legal warranty” was originally published on December 14, 2015 and updated on December 14, 2019. The extension of the legal warranty period, as well as the inclusion of new assumptions and information obligations regarding the right of withdrawal, are among the main objectives of the law, which is to promote the protection of consumer rights, as well as other amendments to Article 21, which regulates these issues. In the case of the legal guarantee, the new regulation provides for an extension of the period for exercising the right from three to six months, which means that people who now buy a product can ask companies: exchange, repair or return what has been paid if a product deteriorates or does not serve the purposes, for which it was purchased. This period is counted from the receipt of the goods. In addition to the legal warranty, the manufacturer may extend to a product an additional commercial warranty of voluntary subscription against payment of the premium, which comes into effect exactly at the time the commercial warranty ends. This warranty is called an extended warranty or additional warranty and is usually offered for new cars and equipment. The legal guarantee is the obligation that the seller or manufacturer of a durable good usually has in writing to ensure for a certain period of time the good condition and the conditions of use and operation of it, so that it serves the purpose for which it is intended. Legal warranty periods vary depending on whether the product sold is new or used.
And who sold it to you, company or individual. In addition, the new law states that companies cannot offer services, products or policies to consumers whose coverage complies with the obligations of the legal warranty or affects their duration and options. And it is true that the reform of the Consumer Code has already entered into force, which, among other things, extends the legal warranty period for products from three to six months. This is one of several amendments to the Consumer Act to strengthen it. Therefore, the new law does not allow companies to charge the warranty rights or impose restrictions on the exercise of the six-month legal guarantee, as there is a voluntary guarantee. In addition, the reform also©included other new rights for consumers in other areas of consumption. For example, when buying a car, people have free choice of technical©services in maintenance and car manufacturers have the obligation to deliver a car to people while the vehicle is repaired for more than five working days. These fees will come into effect on April 24. The file format .ics compatible with various calendars and devices. On December 24, 2021, the Consumer Law entered into force, establishing a number of new rights for consumers in various areas and raising the level of consumer protection. If it offers benefits different from those advertised, or. The warranty applies to contracts for the sale of products (movable goods: household appliances, clothing, footwear, vehicles, CDs, books, etc.) and contracts for the supply of products to be manufactured or manufactured (curtains, furniture, etc.), but does not apply to products purchased at judicial sale or to water, gas and electricity if they are not packaged in quantities or in certain quantities for sale.
Not even for second-hand products purchased through administrative auctions in which consumers and users can participate in person. To date, the regulation, which defines the assets that are excluded from the right of withdrawal due to their nature and exceptionally, is still pending. These regulations are expected to be published in accordance with the legislated period starting in April of this year. But this term has certain characteristics that must be perfectly specified: it also applies to goods purchased second-hand, in which case the warranty period is shortened to at least one year. During the period of six months from the date of purchase, the warranty is considered complete, that is, it covers all concepts and is free of charge, that is, free for the consumer, who is the holder of the warranty right on the purchased goods. Royal Decree 1496/2003 of 28 November 2003 approving the regulation regulating invoicing obligations and amending the VAT regulation. If it has a defect that makes it unusable for use, a product is also considered non-compliant if the defect is caused by improper installation caused by both the defective instructions in the manual and by the technicians sent by the seller. If the defect of the product manifests itself within the first six months from the date of delivery (new or used product), it is considered that this defect already existed at the time of delivery, that is, it was original.
Article 12 of the Commercial Code (Warranty and Customer Service) reads as follows: If the product is not suitable for the use for which it is intended, in this case, it is up to the seller to prove the contrary, that is to say that the defect occurred later due to misuse or poor maintenance. This person is the one who, in short, must prove that he has delivered the product according to the agreed conditions. 1. The seller of the goods is responsible for the non-conformity of the goods with the sales contract in accordance with the applicable legislation. Exception!: If, at the time of purchase of the product, the consumer and the user know that it is non-compliant, or if the lack of conformity is due to the materials supplied by him, he cannot invoke this lack of conformity. 4. The action or right to take back the goods delivered by the consumer or user to the trader for repair shall expire three years from the date of delivery. The regulation specifies the data that the merchant must collect at the time of delivery of an object to be repaired and the terms of accreditation of said delivery. It is adapted to the specific use that the consumer and the user would have agreed with the seller; The most common problems are the refusal of companies to return the money, followed by the non-modification of the product and non-compliance with the conditions©of the voluntary guarantee.
In the case of a second-hand product, the seller (legal entity) and the consumer`s buyer may agree on a shorter period, which can never be less than one year from the date of delivery. Decree EHA/962/2007 of 10 April 2007, which develops certain provisions relating to telematic invoicing and the electronic storage of invoices, is contained in Royal Decree 1496/2003 of 28 November 2003 approving the Regulation regulating accounting obligations. Problems arising from the exercise of the warranty right are one of the reasons why consumers complain most to Sernac. In fact, the agency received 37,530 requests in ± 2021, while in 2022 it already has more than 11,100 cases. Starting this Thursday, people can now request the exchange of a defective product, repair or return money with a six-month warranty. It has the usual quality and performance that the consumer and user can expect from a product of the same type, depending on its nature and the information that the seller or manufacturer gives in advertising or labeling. 2. Products offered for sale may be accompanied by a commercial guarantee binding the supplier in accordance with the guarantee document and the corresponding advertising.