Theano Thiopoulou
More rights and by law, for guarantees and defective products, have been acquired by consumers since 1-1-2022, as the new European rules for legal guarantee have been implemented, which are expected to contribute to the proper functioning of the internal market. and the protection of consumer interests.
The new framework establishes common rules for certain requirements relating to sales contracts between the seller and the consumer, and in particular rules for the conformity of goods with the contract, redress in the event of non-compliance, and the manner in which it is exercised. such redress and commercial guarantees. According to the information available on the website of the Consumer Protection Service of the Ministry of Commerce, the main consumer rights arising from the new legal framework can be summarized as follows:
Στη Right to the legal guarantee: In case the product that the consumer buys shows a defect – non-compliance, then the legal guarantee of 2 years is valid. In such a case he has the right either to free restoration of the conformity of the good by repair or replacement, or to a reduction of the price, or to a withdrawal from the contract in respect of that good.
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Για Right to replace a new product or refund: In case the product purchased by the consumer shows a significant defect – non-compliance within 30 days from the date of receipt, then he has the right to terminate the contract (return of paid part) or to request his immediate replacement.
● Right to prompt repair – restoration of conformity: In case the product purchased by the consumer has a problem, then the repair or replacement should be carried out within a reasonable time, not exceeding 25 days, from the time the seller was informed by the consumer about the lack of compliance. The time of 25 days can be extended only with your explicit consent.
● Right to extend the warranty period: The time interval for the restoration of compliance – repair and / or the negotiations of the seller and the consumer with the aim of amicable settlement, does not count towards the warranty time of 2 years. For this purpose, the seller must provide the customer with a receipt and delivery receipt when a product is delivered to him for repair or replacement. Furthermore, the customer has the right to request from the seller a written report of the result of the technical inspection carried out on the product.
European legislation
According to the European Commission and EU rules, if the products purchased by the consumer turn out to be defective or do not meet the advertised features, the trader must repair, replace, reduce the price or refund. If the consumer buys a product or service online or out of store (by phone, mail order, or from a home seller), he also has the right to cancel the purchase and refund within 14 days, for any reason and without any excuse.
Under European law, there is the right to a minimum 2-year warranty at no charge, regardless of whether the customer bought the product online, in a store or by mail order. This 2-year warranty is the minimum right. However, the legislation of each country may provide additional protection. If products purchased by the consumer anywhere in the EU prove to be defective or do not meet the advertised features, the seller will have to repair or replace them free of charge or reduce the price or refund all the money you have paid.
The 2-year warranty period begins upon receipt of the products. If the product that the consumer buys is defective within this 2-year period, the trader must always find a solution. In some EU countries you are also entitled to claim compensation from the manufacturer.
If the product purchased by the consumer is defective within the first 6 months, it is considered that the problem existed when he received it, unless the trader can prove otherwise. Therefore, the customer is entitled to free repair and replacement, or if this proves too difficult or costly, a price reduction or refund may be offered.
If the product purchased by the consumer breaks down after 6 months, the consumer is still entitled to free repair or replacement or, at the very least, a reduction in price or a refund. However, it must prove that the problem already existed upon receipt of the products.
Protection for digital content
On 1 January 2022, the new EU rules on digital content and the sale of goods came into force. From now on, consumers and businesses will be able to buy and sell digital content, digital services and goods more easily, as well as “smart goods” across the EU. New rules on digital contracts protect consumers from defects digital content (e.g. music or downloadable software) and digital services. Consumers have a legal right to a solution, e.g. price reduction or termination of the contract with a refund. The Goods Directive will provide consumers with the same level of protection when shopping online from across the EU or shopping in a physical store, and will cover all goods, including goods with digital components (eg smart refrigerators) .
The new rules maintain a minimum guarantee of two years from the time the consumer receives the goods and provide for a period of one year to reverse the burden of proof in favor of the consumer. In practice, this means that during the first year, it is up to the seller to prove that the good was not defective from the beginning. Most Member States have fully transposed both the Digital Content Directive and the Goods Directive.
Consumer fraud
According to the European Commission, consumer protection authorities are carefully considering the issue of fraud and consumer fraud. Today, consumers are being targeted by increasingly sophisticated deceptive or fraudulent practices and scams, through various channels, both online and offline. The target of such practices is consumers in their online shopping, on social media, by phone, text messages and e-mail, but also in home sales. This phenomenon can have far-reaching and significant consequences both for consumers on a personal level and for society at large.
Legal consumer protection
If one considers that one's rights, under European Union law, have not been respected by the national authorities of an EU country, there are various legal remedies to resolve the issue. As set out in the Treaties, public authorities and national courts have the primary responsibility for enforcing EU law. It is therefore in your best interest to use all possible means of legal protection at national level (administrative and / or out-of-court mediation mechanisms).
Recurring subscription payments
A recent survey shows that one in 12 consumers in the EU and the UK has ordered a cheap product or service online and later found out that this is subject to a costly monthly subscription. Common cases of this kind involve mobile phones and beauty products. Some of the main causes of this phenomenon are that the information about the recurring payments is hidden or in very small letters, while in the payment window where the consumer enters the information for his credit card only the information for a lump sum payment is displayed and not for recurring subscription payment. According to EU rules – the Payment Services Directive and the Unfair Commercial Practices Directive – consumers must be informed of this amount in the event of payment transactions and must not be misled. To address this problem, on 21 June 2021 the European Commission and the Consumer Protection Cooperation Network (CPC), under the guidance of the Danish Consumer Ombudsman, wrote to three major credit card companies — Visa, Mastercard and American Express — requesting that all necessary information be displayed in the payment window for the consumer when making a payment involving recurring subscription fees.
