PRESS RELEASE 15th March: World Consumer Rights Day
Commercial warranties – are they worth the money? The EU legal guarantee allows consumers to request, normally within 2 years of purchase, repair or replacement of defective goods, or in some cases a refund. It is mandatory and to be provided at no extra cost by the seller.However, commercial warranties offered against payment are becoming more and more common. But are they worth the extra cost? Do they add to the legal protection in place in the EU, Iceland and Norway? The ECCNet has carried out 342 checks in 25 countries, screened 104 websites, contacted 127 shops and surveyed 543 consumers online. The results show that notall commercial warranty offers gobeyondthelegalguaranteeandthattheycontainnumerousexclusions. They are most useful when they cover damage from accidents or misuse of products. On the occasion of World Consumer Rights Day on March 15, the ECC-Net is publishing its report on the application of legal guarantees and commercial warranties in the EU, Iceland and Norway. To help consumers understand their legal rights and decide whether or not to purchase commercial warranties, the report is accompanied by country fact sheets and check lists of possible advantages. Is the commercial warranty proposed worth the money? “I want to buy a photo camera on a UK website and the seller proposes a 2-year commercial warranty against payment. Should I subscribe?” Based on its case handling experience, the ECC-Net recommends that the consumer check the following: - Is the duration longer than that of the legal guarantee (minimum 2 years)? - Will the consumer have no need to prove that any malfunction arose from a defect in the product? - Is a thorough examination of the defect required even if the goods are returned after the first six months? - Is a courtesy replacement provided during examination or repair? - Are the complaint procedures clear and simple? - Does the seller have to pay for return of the product to the shop or repair centre? - Are problems linked to water damage, accidental breakage or oxidation included? If the answer is yes to more than 3 of these questions, the commercial warranty may be beneficial. Your consumer rights in the event of non-conformity or defects: “I purchased a photo camera on holiday in Spain. A year later it stopped working. The seller tells me that the commercial warranty has expired. What do I do now?” In the EU, Iceland and Norway, the legal guarantee of conformity allows you to request, within at least 2 years of purchase, repair or replacement, or a partial or total refund if repair or replacements are impossible. In some countries the duration is even longer (3 years in Sweden, 6 years in Ireland and the UK*) or takes into account a longer expected life span for certain goods (such as in Finland or the Netherlands, or in Norway or Iceland where goods meant to last longer than 2 years are covered for 5 years). Particularly beneficial to consumers is the fact that throughout Europe, you do not have to prove the existence of the defect at least during the first 6 months after delivery. So a 1-year warranty advertised by a seller has no influence on your rights under the legal guarantee provisions and you should insist on those rights! Press contact * Except in Scotland where it is 5 years