Returning goods to a store

Chat with fellow forum users. No adverts or trade links in here please.
paphos
Posts: 9
Joined: Sat Dec 31, 2016 5:34 pm

Re: Returning goods to a store

Post by paphos »

Houdinibun wrote: Sun Jan 15, 2017 7:27 pm
paphos wrote: Sun Jan 15, 2017 1:36 pm
Houdinibun wrote: Thu Jan 12, 2017 7:15 pm It is actually the same in the UK but we get used to the majority of stores offering exchange and refunds so think it is a 'right'. The only exception is if it is not fit for purpose and even then there is ambiguity about how long you have to reject an item.
There is no ambiguity about the time period if it meets the criteria of not being of a satisfactory quality, fit for purpose or damaged. The guarantee period is defined as 2 years.
The EU directive in question is 1999/44/EC: 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.'

In fact the EC directive for 'presumption of lack of conformity' requires you to notify the seller within 2 months and certainly before 6 months. After that the consumer has to prove there was a defect in the product ..this is what I mean by ambiguity!?
There is no ambiguity with the directive as the time period is clearly defined as 2 years. If your expensive TV broke down within this period then it would be covered. Here is the definition pasted from the directive : The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.
I think you may be getting confused with the wording. The 2 month rule which you mention simply means that once you know there is a fault then you should notify the retailer within 2 months of discovering it which seems pretty fair. The 2 year guarantee period is not affected or limited by this rule.
The following is the definition pasted from the directive: Member States may provide that, in order to benefit from his rights, the consumer must inform the seller of the lack of conformity within a period of two months from the date on which he detected such lack of conformity.
Post Reply