4 ms·

upvoted, but the consumer product guarantee is 2 years [1] (not 6 years. You may refer to the guarantee of offering (paid) repair, which is 7 years for a while

upvoted, but the consumer product guarantee is 2 years [1] (not 6 years. You may refer to the guarantee of offering (paid) repair, which is 7 years for a while now). And when the consumer product guarantee was extended from 1 year to 2 years, the reversal of the burden of proof moved from 6 months to 1 year. So for the first year the trader has to prove that the fault didn't exist at the time of delivery, which he fowards to the manufacturer who solves it by simply repairing the product based on the warranty he provides. After the first year, the burden of proof moves to the buyer, now he has to prove to the trader that the fault already existed at purchase. If the manufacturer provides 2 years of warranty nothing changes compared to above, but if he doesn't you'll be left discussing with the trader (from experience: good luck!) [1]: https://europa.eu/youreurope/business/dealing-with-customers/consumer-contracts-guarantees/consumer-guarantees/index_en.htm https://europa.eu/youreurope/business/dealing-with-customers...

deleted 4y ago
[deleted]
gambiting 4y ago
Huh, I swear it was only 6 months until relatively recently, but you're right - now the presumption of manufacturing defect is in fact 12 months. Thank you! Another link that also says the same thing: https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm https://europa.eu/youreurope/citizens/consumers/shopping/gua...
- rickdeckard 4y ago
  I meanwhile learnt that 6 years is the consumer protection period of UK with proof of burden reversing after 6 months, which may be the one you were referring to. EU-law should have unified the first 2 years across the whole union in ~2011, with local law only applicable on top of it. Not sure what the overall coverage of that UK-law is though, it seems that the seller is not bound by it "if the (fault) has its origin in materials supplied by the consumer", which seems to give some wiggle-room in the sense of "you're holding it wrong" or "the paint hardly came off by itself"...
  - quacksilver 4y ago
    AFAIK, In the UK you usually have 6 years to file a claim for a defect in a product, though the product has to be fit for purpose and last for whatever a 'reasonable' lifespan for that product is. e.g. most people would expect a car or a sofa to last for 3 years with normal servicing per the manufacturer's guidelines, so you could claim against the vendor if something broke during normal, though you may not expect a plastic fork used every day to last as long. This can be overridden somewhat by the users manual / marketing materials - like if you sold something as 'temporary' or 'disposable'. If you serviced your car using the wrong fluids or parts that do not meet standards (like cheap eBay spark plugs or reclaimed oil full of metal filings or something) then the vendor may be able to claim that the parts had caused the issue rather than them, if it were a reasonable claim to make.
- Xylakant 4y ago
  it changed in 2022 IIRC.

deleted 4y ago

[deleted]

gambiting 4y ago

Huh, I swear it was only 6 months until relatively recently, but you're right - now the presumption of manufacturing defect is in fact 12 months. Thank you! Another link that also says the same thing: https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm https://europa.eu/youreurope/citizens/consumers/shopping/gua...

rickdeckard 4y ago
I meanwhile learnt that 6 years is the consumer protection period of UK with proof of burden reversing after 6 months, which may be the one you were referring to. EU-law should have unified the first 2 years across the whole union in ~2011, with local law only applicable on top of it. Not sure what the overall coverage of that UK-law is though, it seems that the seller is not bound by it "if the (fault) has its origin in materials supplied by the consumer", which seems to give some wiggle-room in the sense of "you're holding it wrong" or "the paint hardly came off by itself"...
- quacksilver 4y ago
  AFAIK, In the UK you usually have 6 years to file a claim for a defect in a product, though the product has to be fit for purpose and last for whatever a 'reasonable' lifespan for that product is. e.g. most people would expect a car or a sofa to last for 3 years with normal servicing per the manufacturer's guidelines, so you could claim against the vendor if something broke during normal, though you may not expect a plastic fork used every day to last as long. This can be overridden somewhat by the users manual / marketing materials - like if you sold something as 'temporary' or 'disposable'. If you serviced your car using the wrong fluids or parts that do not meet standards (like cheap eBay spark plugs or reclaimed oil full of metal filings or something) then the vendor may be able to claim that the parts had caused the issue rather than them, if it were a reasonable claim to make.
Xylakant 4y ago
it changed in 2022 IIRC.