Legal guarantee
In the event of defective goods, the rights of consumers are regulated by means of Directive 1999/44/EC which stipulates that a seller must deliver goods to a consumer in accordance with a sales contact, which means that the consumers must obtain precisely that for which they paid.
Goods are in conformity with order if:
- they are in accordance with the description provided by the seller and if they have the properties of the goods that the seller submitted as a sample or model
- they are suitable for the purposes, for which the same kind of goods are usually used, or for a special purpose, for which consumers require them and of which consumers informed the seller upon entering into the agreement
- they have the quality and properties which are usual for the same kind of goods and if consumers may reasonably expect them.
If the goods are not in conformity with order, consumers have the right to at least have a product repaired or replaced, regardless in which EU member state the product has been purchased; however, if this is impossible or disproportionate, consumers are entitled to a partial or entire reimbursement of the purchase price. A remedy is considered disproportionate if, compared to another remedy, it causes unacceptable costs to the seller.
No additional costs may be incurred by the consumer due to the enforcement of their rights, which means that all costs, in particular shipping costs and any other costs related to the repair of goods are borne by the seller.
Consumers may enforce their rights within two years of the purchase of a product. Therefore, if a product ceases to function properly during this time due to a defect which was present at the time of delivery, consumers have the right to a repair or replacement or, if this is not possible, to a partial or full reimbursement of the purchase price. With regard to a defect that occurs within the first six months, it is considered that it had existed at the time of the handover, which means that the seller must prove the contrary; after six months, the existence of the defect must be proven by consumer. Consumer must inform the seller concerning the defect within two months of the date when the defect was discovered.