Evropski potrošniški center

Is there really an EU warranty certificate valid in all of EU member states? What measures to take if the product you have purchased abroad breaks down and the authorised repair service dealer in Slovenia turns you away claiming they do not deal with repairs of the kind of product that you own? Is the dealer compelled to offer a warranty for every purchase? These are some of the issues that legal consultants of the European Consumer Centre deal with most frequently. So, what are the regulations in force in the field of the EU warranty?

What matters most is the promises you have been given!
At a store in the neighbouring Austria one of our consumers bought a microwave, upon purchase of which he was given a blank warranty certificate. He requested the shop assistant at the store to issue him the EU warranty valid in Slovenia as he had heard such warranty was obtainable. In case his microwave broke down under such warranty he would namely not need to take it to Austria to have it repaired. The shop assistant was unable to issue him such a warranty, therefore he once again asked for it at the cashier while he was paying for the microwave and also requested to have the enclosed warranty certificate completed adequately. His request was rejected and he was directed to the customer support department, where he was assured that in order to assert warranty claims in Austria, all he needed was a receipt, under provision of which a faulty product would immediately be replaced with a new one. The consumer subsequently enquired about what would happen in case his appliance broke down a few months later and the same make of the microwave would not be in stock any longer. He also wanted to know who would cover the cost of transportation of the faulty product from his place of residence to the store and back. Another thing that caught the consumer’s attention was the fact that among the authorised repair service dealers listed in the instructions manual enclosed with the appliance there were no dealers in Slovenia. As the consumer remained persistent and demanded answers to his questions, the store manager was summoned. The manager assured him that the original receipt alone (without the warranty certificate) was sufficient to be able to assert the warranty claims. According to the store manager such warranty was valid throughout the European Union. The consumer was dissatisfied with this clarification and also doubted the credibility of the manager’s explanations, therefore he decided to contact our European Consumer Centre and enquire about the warranty for products purchased in other EU member states.

Is the trader liable to issue warranty with every purchase?
In accordance with the EU legislation issuing a warranty is not an obligation as it is the case with some technical appliances in Slovenia, i.e. the warranty within the European Union is voluntary, however if the manufacturer does provide warranty on certain products, he is obliged to fulfil all the provisions arising from the warranty. If an advertisement or a warranty certificate issued by either the trader or the manufacturer advertises a 5-year warranty, then this is binding for the trader/manufacturer.

Is the receipt issued by the store where the product was purchased (without a completed and stamped/signed warranty certificate) sufficient for asserting warranty claims?
Each EU  member state sets its own specific and detailed regulations regarding the warranty – whether a special warranty certificate needs to be issued, whether the receipt alone is sufficient, repair deadlines for products under warranty etc. In Slovenia it is obligatory to issue warranty for some technical appliances, however, this does not mean that the same regulations apply in, for example, Austria. To get information regarding current regulations on warranty in individual EU member states, you can contact our European Consumer Centre.

Does the EU warranty certificate valid in all EU member states really exist?
The so-called EU warranty certificate does exist, i.e. the EU warranty provided by the manufacturer is valid in all EU member states. However, the manufacturer is not obliged to issue the EU warranty solely due to the fact that the product is sold in the EU. If the warranty certificate states the warranty in question is the EU warranty, then you will be able to assert warranty claims in any of the EU member states, including Slovenia. However, if the warranty certificate does not state that, then you may not be able to assert warranty claims anywhere else but in the country where you purchased the product. The provisions of the warranty certificate or the manufacturer’s advertisement are essential.

What steps to take if the product purchased abroad breaks down and the authorised repair service dealer in Slovenia turns you away claiming they do not deal with repairs of the kind of make of the product that you own?
In his question addressed to our Centre, the aforementioned consumer mentioned that he had heard of several instances of repair service dealers in Slovenia having rejected repairing of some products (established brands) giving the explanation that that particular make of the product was not sold in Slovenia, and their staff was therefore not trained to repair it, that they did not have suitable spare parts, or that no contract for repairing the product in question had been concluded with the manufacturer. If the warranty certificate or the manufacturer’s advertisement clearly state that the EU warranty applies to the product, or if the warranty certificate states that the warranty is (also) valid in Slovenia, then the manufacturer’s representatives in Slovenia are obliged to accept the faulty product and repair it. Should you come across any problems, you can contact our European Consumer Centre and ask for assistance.

What to do if you do not know which of the repair service dealers in Slovenia is authorised to repair the product purchased abroad?
You are advised to contact the manufacturer and ask for the relevant information. If the manufacturer is based in one of the EU member states and does not reply to your enquiry, contact our European Consumer Centre and we will get in the touch with our colleagues in the country of the manufacturer and ask them to intervene.