Goods regulated by law
The Guarantees Act applies to privately consumed movable goods, i.e. consumer goods: from an appliance to a vehicle, to furniture, objects of all kinds, including works of art. By its very concept, services and real estate are eliminated.
The Act excludes purchases and sales between individuals.
For new consumer goods the warranty will be two years, while for second-hand products, the warranty will be one year. During the first six months warranty of a new product it is assumed that the damage comes from the factory and the seller must bear all costs of repair, both parts, transfer, and working hours. Warranty time remains on suspension for as long as the product or object is under repair.
Product in good condition
The law considers that a consumer should be satisfied with the product purchased if it meets the following requirements: that the product complies with the description given by the seller and that it has the qualities manifested through a demonstration or model. It should also be used for what is indicated in both the instruction book and the verbal indications that the seller may have made or in a demonstrative video. It also serves as a regular use the advertising, the indications that are reflected on a label, or a use that detaches from the characteristics of the product. Even if the consumer has requested special use and the seller has assured him that the purchased good will offer it to him, so it must be. In addition, the product purchased must have the appropriate quality and behavior. Thus, a pressure cooker should cook faster than a traditional marmite.
The Act obliges sellers of consumer goods, on the one hand and consumers as final recipients, on the other. That is to say, contracts between individuals are excluded, since it only provides for the sale between a professional seller and a consumer.
It shall apply whenever a consumer good is purchased, i.e. any object or product for private consumption.
Goods purchased in a judicial sale (auction of confiscated goods) are excluded. Nor are the distribution of un packaged water or gas subject to this law for sale.
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, without going to the seller it is a burden. For example, if a digital camera that does not respond to what was offered in the store has been purchased during a holiday away from home, it is easier for the consumer to go to the manufacturer or importer than to the establishment where he bought it.
In the event that the product does not respond to the advertised characteristics, the consumer may 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 may opt for an adequate reduction in the price or the termination of the contract, i.e. the refund of the price.
The consumer may not require substitution in the case of second-hand goods or goods of impossible replacement.
For example, substitution cannot be required if the good is no longer manufactured or stocked, if a second-hand vehicle is purchased or, because of the impossibility involved, a work of art, age or exclusive clothing design can be replaced. The replacement will be disproportionate in the case of a small defect of easy or easy repair.
The repair will be disproportionate when it is uneconomic, i.e. more expensive repair than the value of good.
The consumer must report the judgment within one month of detection. In this sense, if the problem has appeared within six months after the purchase of 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 prove that the fault comes from origin and has not been caused by misuse of the product.
The Law provides that during the six months following the delivery of the repaired good the seller will be fulsed with the faults that motivated the repair, presumably the same fault when defects of the same origin as those initially repaired are reproduced. In order to make this guarantee of repair effective, the consumer must keep proof of repair and technical service that, in his day, repaired the product.
Failure after repair or replacement
The Act includes these possibilities: If the consumer chose to replace a failed product, on the same hand, he can ask the seller for repair, provided that it is not disproportionate, the reduction in the price or the return of the money.
On the other hand, if repair was chosen in the event of a product failure, the consumer may require a change, a reduction in the price or the return of all the money disbursed.
However, the Act does not specify the amount or type of price reduction that the seller must make to the consumer if that is the chosen option. Thus the two parties involved in the purchase and sale are obliged to reach agreements that satisfy both.
Denial to repair, lower price or return money
If we are within the first six months, we must demand redress and request an RMA document and insist even until we reach trial. It is presumed that the fault existed. But if the first six months have passed, we're the other way around. It is the consumer who must prove that the product was purchased with the missing.
In any case the consumer will have to negotiate and if he does not agree with the rebate offered by the seller can go to an appraiser to determine the price of the product after 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. Similarly, if the fault occurs due to a bad installation caused by both the erroneous instructions of the manual and by the technicians sent by the seller, the seller is also responsible.
In case of repair or transfer to a technical service, what should the consumer pay?
Nothing. During the period in which the warranty is effective, the seller or producer must take care of the cost of travel, parts and repair time. In addition, as long as the product remains in service, warranty time is suspended. I mean, the clock isn't ticking. On the other hand, apart from requiring the application of the guarantee (repair, exchange, price reduction or money back), the consumer may demand compensation for damages arising from the breakdown and repair time, for example, if a user buys a refrigerator and breaks down the week of purchase, in addition to requesting that the guarantee be effective , such user may demand compensation for food that has been damaged in the face of the malfunction of the appliance.
ADAJUSA (CONSTRUCCIONES PBR, S.L.)
The commercial guarantee is one that the manufacturer, distributor or seller gives and that must always exceed that offered by law, since it is understood as a minimum enforceable by the consumer. It is also a marketing tool for companies. However, this warranty must meet certain requirements, such as clearing what it applies to, the object or product that has such warranty, and the name and address of the person offering it.