E-COMMERCE (INFO)
The Guarantees Act applies to personal property for private consumption, that is, consumer property: from an appliance to a vehicle, through furniture, objects of all kinds, even works of art. . Services and real estate are eliminated due to their nature.
The law excludes the sale and purchase between individuals.
For new consumer goods, the warranty is two years, while for second-hand products, the warranty is one year. During the first six months of warranty on a new product, it is assumed that the damage is from the factory and the seller must bear all repair costs, both parts and removal and working hours. The warranty period will be suspended for as long as the product or item is being repaired.
The law considers that a consumer should be satisfied with the product purchased if it meets the following requirements: the product conforms to the description given by the seller and has the qualities manifested through a demonstration or model. It must also be used for what is stated in the instruction manual as well as in the verbal instructions given by the seller or in a demonstration video. They also serve as a common use for advertising, the indications reflected on a label or a use that is given by the characteristics of the product. This should also be the case if the consumer requests a special use and the seller assures them that the good they have purchased will provide it. In addition, the product purchased must have the appropriate qualities and behaviors. That way, a pressure cooker will cook faster than a traditional pot.
The law obliges the seller of consumer goods, on the one hand, and consumers as final recipients, on the other. In other words, contracts made between individuals are excluded, as the law only provides for the purchase and sale between a professional seller and a consumer.
It applies whenever a consumer good is purchased, that is, any object or product for private consumption. Property acquired in a judicial sale (auction of confiscated property) is excluded. The distribution of unpackaged water or gas for sale is also not subject to this law.
The first person in charge of the product is the seller. However, the consumer can resort directly to the manufacturer or importer, if the fact of resorting to the seller is a burden. For example, if you have purchased a digital camera that is not in line with what is offered in the store during a vacation away from home, it is easier for the consumer to turn to the manufacturer or importer than to the establishment where the bought.
In the event that the product does not meet the advertised characteristics, the consumer can choose between repairing the good or replacing it, unless it is impossible or disproportionate. If the repair or replacement is not possible or is disproportionate, the consumer may opt for an appropriate price reduction or termination of the contract, ie a refund of the price.
The consumer cannot demand replacement if it is second-hand goods or goods that are impossible to replace. For example, a replacement cannot be required if the property is no longer manufactured or is out of stock, if a second-hand vehicle is purchased and, due to its impossibility, a work of art cannot be replaced. , an antique or an exclusive clothing design. Replacement is disproportionate if it is a small defect that is easy to repair. The repair is disproportionate if it is uneconomical, that is, if the repair is more expensive than the value of the good.
The consumer must report the error within two months of being detected. In this sense, if the problem has appeared during the six months after buying the product, the seller must make the guarantee effective, since in this period of time it is assumed that the problem comes from the factory. However, if these six months have passed, it is the consumer who must prove that the error comes from the factory and that it has not been caused by misuse of the product.
The law states that during the six months following the delivery of the repaired good, the seller is responsible for the errors that led to the repair, assuming that it is the same error if there are defects of the same nature as those initially repaired. To make this repair warranty effective, the consumer must keep proof of the repair and the technical service that, at the time, repaired the product.
The law includes these possibilities: If the consumer preferred the replacement of a product with error by another of the same, he can ask the seller for the repair, as long as it is not disproportionate, the reduction of the price or the return of the 'import. Otherwise, if a product is preferred to be repaired in the event of an error, the consumer may demand a change, a reduction in the price or a refund of the full amount paid.
But the law does not specify the amount or the type of price reduction that the seller must make to the consumer in case this is the chosen option. Thus, the two parties involved in the sale are obliged to reach satisfactory agreements for both parties.
If we are in the first six months, we must demand reparation and request the Complaints Form and insist, even until trial. The error was supposed to already exist. But if the first six months have passed, we are in the opposite situation. It is the consumer who has to prove that the product was purchased with the mistake.
In any case, the consumer will have to negotiate and, if he does not agree with the discount offered by the seller, he will be able to resort to an appraiser to determine the price of the product after the repair and request the price reduction in that sense.
If a consumer misuses a product because the instruction manual is incorrect, the warranty law protects the consumer and may require repair or replacement. In the same way, if the error is caused by a bad installation caused by both the erroneous instructions in the manual and by the technicians sent by the seller, the latter is also responsible.
Nothing. During the period in which the warranty is effective, the seller or producer must bear the cost of travel, parts and repair time. In addition, while the product is in service, the warranty period is suspended. That is, it does not run the clock. On the other hand, apart from requiring the application of the guarantee (repair, exchange, reduction of the price or refund of the amount), the consumer may demand compensation for damages resulting from the damage and the repair time. For example, if a user buys a refrigerator that breaks down after one week of purchase, in addition to requesting that the warranty become effective, the user can claim compensation for food that has been damaged due to malfunction of the appliance.
The commercial guarantee is the one that the manufacturer, distributor or seller gives and that must always exceed the one offered by the law, since the latter is understood as the minimum required by the consumer. It is also a business marketing tool. However, the guarantee must meet certain requirements, such as making it clear what it applies to, the object or product of the guarantee, and the name and address of the person offering it.
