Warranties, Guarantees And The 2 Year EU Guarantee Rule
Tuesday, 20. December 2016
As things stand at the moment whilst we are still members of the EU, a 2 year guarantee is your minimum right on anything you buy. National rules in your own country may give you extra protection, however, any deviation from the EU rules can only happen if it is in the consumer’s best interest.
If goods you bought anywhere in the EU (any of the 28 member states, Iceland, Liechtenstein and Norway) turn out to be faulty or do not look or work as advertised, the seller must repair or replace them free of charge or give you a price reduction or a full refund. This does not apply to items purchased from an individual.
According to Your Europe you might not be entitled to a refund if the problem is minor, such as a scratch on a CD case or damaged packaging. I would argue that if say a bottle of perfume was purchased as a gift then the packaging is part of the product and the whole item should be replaced or money paid back.
In this country we now have the Consumer Rights Act that strengthens the consumer’s position as you have the right to reject a faulty item within 1 month of purchase and demand your money back. After 1 month and up to 6 months after receiving the goods, if a fault occurs that appears to be a fault that existed when you bought the goods you simply need to prove to the seller that a fault exists.
He has one opportunity to attempt to repair the fault, after which he must return your money if the fault remains. After 6 months and up to 6 years the onus is on the consumer to show that a fault existed at the time of purchase through maybe an independent inspection. I cover this in more detail elsewhere in this book.
Every member state has a European Consumer Centre that can help with difficulties if you have a problem with goods supplied by another EU country. They can also help with complaints against UK companies when consumers are supplied with goods that are faulty or do not look or work as advertised. You can find them here:
In the UK shops and producers tend to offer an additional commercial guarantee (also referred to as a warranty), either included in the price of the product or at an additional cost. The rule here is that it must give you the same or better protection than the EU 2 year Guarantee. It can never replace or reduce the rights you have in law.
The fascinating thing here is that the EU rules cover items bought as used (excluding purchases from a private individual). So let’s say you bought a used car from a dealer who offered the usual 3 month or 6 month warranty. If the car develops a fault that can be identified as being on the car when purchased, any time up to 2 years after the day you took delivery, you have a claim under EU law. The warranty cannot replace your legal rights only enhance them.
In another example that easily explains your position let’s say you bought a kettle with a 6 months sellers guarantee. It breaks after 8 months and you take it back to the shop. The shop assistant explains that the guarantee has run out so you are not entitled to a refund. You can point out that under EU law the shop guarantee is provided as ‘additional services’ and that the EU law covers you for 2 years. In point of fact you are also covered by the Consumer Rights Act but under our law the onus is on the buyer to prove that the fault pre-existed. Not difficult to prove as the expected life of a kettle must be in excess of 5 years.
HUGE REVELATION: Now here is a very important point that illustrates the 2 year rule. If you visit the VW website they explain, better than most, your position with their new car warranty. I should add at this stage that the 2 year rule does not discriminate against useage. So the 2 year guarantee covers you whether you cover 8,000 miles PA or 100,000 miles PA, the guarantee is time related. Back to VW. When you take a new VW you will be told that the warranty lasts for 3 years or 60,000 miles. But here’s the truth, and it applies to all cars purchased in the UK and across the EU, the first two years warranty is unlimited miles but you only get the third year cover provided you are still under 60,000 miles. Here is an extract from their site:
All new Volkswagen passenger cars purchased from an Authorised Retailer in the United Kingdom qualify for a 3 year vehicle warranty consisting of a 2 year/unlimited mileage warranty and a 3rd year warranty with a 60,000 mile limitation.
The chances are that you and many taxi drivers were totally unaware of this fact!
In some EU countries the buyer and seller can agree a guarantee period of less than 2 years but that must be fully understood by both parties and cannot be less than 12 months. I will be covering warranties in greater detail elsewhere in this book as there are various types and levels of cover. And I have a revelation regarding Manufacturer Warranties that will possibly shock you.
