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INFORMATION ON GUARANTEES IN THE SALE OF CONSUMER GOODS
Goods regulated by law
The Guarantees Law applies to personal property for private consumption, that is, consumer goods: from an appliance to a vehicle, including furniture, objects of all kinds, even works of art. By their very concept, services and real estate are eliminated.
The Law excludes purchases and sales between individuals.
For new consumer goods the warranty will be three years, while for second-hand products the warranty will be one year. During the first six months of warranty on a new product, it is assumed that the damage comes from the factory and the seller must assume all repair costs, both parts, transportation, and labor hours. The warranty period is suspended during the time that the product or object is under repair.
Product in good condition
The law considers that a consumer must feel satisfied with the product purchased if it meets the following requirements: that the product conforms to the description given by the seller and that it has the qualities manifested through a demonstration or model. It must also serve what is indicated both in the instruction book and in the verbal instructions that the seller may have given or in a demonstration video. Advertising, indications that appear reflected on a label, or a use that arises from the characteristics of the product itself also serve as common use. Even if the consumer has requested a special use and the seller has assured him that the purchased good will be offered to him, this must be the case. In addition, the product purchased must have adequate quality and performance. Thus, a pressure cooker should cook faster than a traditional kettle.
Application of the law
The Law obliges sellers of consumer goods, on the one hand, and consumers as final recipients, on the other. That is, contracts made between individuals are excluded, since it only provides for the purchase and sale between a professional seller and a consumer.
It will apply whenever a consumer good is purchased, that is, any object or product for private consumption. Assets acquired in a judicial sale (auction of confiscated assets) are excluded. Nor are the distribution of water or gas not packaged for sale subject to this law.
Claim in case of product failure
The first person responsible for the product is the seller. However, the consumer can go directly to the manufacturer or importer, if going to the seller is a burden. For example, if during a vacation away from home a digital camera has been purchased that does not respond to what is offered in the store, it is easier for the consumer to go to the manufacturer or importer than to the establishment where they purchased it.
In the event that the product does not meet the advertised characteristics, the consumer can choose between repairing the good or replacing it, unless this is impossible or disproportionate. If repair or replacement is not possible, or is disproportionate, the consumer can opt for an appropriate reduction in the price or for termination of the contract, that is, a refund of the price.
The consumer may not demand replacement in the case of second-hand goods or goods that cannot be replaced. For example, replacement cannot be required if the good is no longer manufactured or there is no stock left, if a second-hand vehicle is purchased, nor, due to the impossibility that entails, can a work of art, an antique or a design be replaced. exclusive clothing. The replacement will be disproportionate when it is a small defect that is easy or simple to repair. The repair will be disproportionate when it is uneconomic, that is, the repair is more expensive than the value of the good.
Claim periods
The consumer must report the failure within two months of detecting it. In this sense, if the problem has appeared within six months after purchasing the product, the seller must make the warranty effective, since in that period of time it is assumed that the problem comes from the factory. However, if those six months have passed, it is the consumer who must demonstrate that the failure comes from its origin and that it has not been caused by misuse of the product.
The Law establishes that during the six months following the delivery of the repaired good, the seller will be liable for the faults that motivated the repair, presuming that it is the same fault when defects of the same origin as those initially repaired are reproduced. In order to make this repair guarantee effective, the consumer must keep proof of the repair and the technical service that, at the time, repaired the product.
Failure after repair or replacement
The Law includes these possibilities: If the consumer chose to replace a defective product with another identical one, he or she can ask the seller for repair, as long as it is not disproportionate, for a reduction in the price or for a refund of the money. On the other hand, if repair was chosen due to a failure in a product, the consumer can demand an exchange, a reduction in the price or the return of all the money spent. But the Law does not specify the amount or type of price reduction that the seller must make to the consumer if that is the option chosen. Thus, the two parties involved in the purchase and sale are obliged to reach agreements that satisfy both.
Refusal to repair, reduce price or refund money
If we are within the first six months, we must demand reparation and request a Claims Sheet and insist even until we go to trial. It is presumed that the fault existed. But if the first six months have already passed, we are the other way around. It is the consumer who must prove that the product was purchased at fault.
In any case, the consumer will have to negotiate and if he does not agree with the reduction offered by the seller, he can go to an appraiser to determine the price of the product after the repair and request a price reduction in that regard.
Instruction book and poor installation
If a consumer misuses a product, because the instruction book is incorrect, the warranty law protects the consumer and may require repair or replacement. Likewise, if the failure occurs due to poor installation caused by both the erroneous instructions in the manual and the technicians sent by the seller, the seller is also responsible.
In case of repair or transfer to a technical service, what must the consumer pay?
Nothing. During the period in which the guarantee is effective, the seller or producer must bear the cost of travel, parts and repair time. Furthermore, while the product remains in technical service, the warranty period is suspended. That is, the clock is not ticking. On the other hand, apart from demanding the application of the guarantee (repair, exchange, price reduction or money back), the consumer may demand compensation for damages or losses derived from the breakdown and the repair time, for For example, if a user purchases a refrigerator and it breaks down a week after purchase, in addition to requesting that the warranty be made effective, said user can demand compensation for the food that has spoiled due to the malfunction of the appliance.
Commercial guarantee
The commercial guarantee is one that the manufacturer, distributor or seller gives, and that must always exceed that offered by law, since this is understood as a minimum required by the consumer. It is also a marketing tool for companies. However, this guarantee must meet certain requirements, such as making it clear what it applies to, the object or product that has said guarantee and the name and address of the person offering it.