EU law gives TWO guarantee.....Consumers are unaware

Clare11

Hi everyone.
A lady told me today of an article she read that an EU law gives a TWO guarantee on products......She read this in a recent newspaper article.

I hunted this article on the net.....
It makes very interesting reading!!
Apparently many retailers are ignoring this law.

Know your rights......

http://www.dailymail.co.uk/news/article-1187190/EU-law-gives-consumers-year-guarantee-goods-kept-secret-retailers.html?ITO=1490

blackaqua

I had a law lecture and the lecturer mentioned it at the end briefly, but from (currently depeleted) memory it wasn't at it actually seemed and the sales of good acts offered better protection so worth double checking the 2 year thing

stugib

Discussed over-excitedly here and lower down this forum here.

Nothing new in this, other than the Daily Mail with an EU story with a positive slant!

Bowling_4_Gold

It was on Breakfast this morning as well. They had a Trading Standards lady in and she was saying much the same as has been discussed- the SOGA and English legislation gives in some ways better protection than this new 2 year thing but has been around much longer - parts date back to 1979!

Tozer

Typically Daily Mail sensationalism!

Nothing new whatsoever. English law is in total compliance with the 10 year old directive.

zootscoot

English law provides greater protection than the EU Directive at the moment in that it has the 6 years limitation and also entitles the purchaser to reject the goods. The Eu plans to introduce maximum harmonisation of consumer rights which will mean member states will not be able to provide greater protection than EU so we consumers will lose the 6 year limitation and right to reject. We will only have the 2years and right to repair or replacement.

Tozer

zootscoot wrote: »

English law provides greater protection than the EU Directive at the moment in that it has the 6 years limitation and also entitles the purchaser to reject the goods. The Eu plans to introduce maximum harmonisation of consumer rights which will mean member states will not be able to provide greater protection than EU so we consumers will lose the 6 year limitation and right to reject. We will only have the 2years and right to repair or replacement.

Not completely correct. The 6 year period is a limitation period which requires claims for contract to be issued in Court within 6 years.

It does not have a direct bearing on the right to reject.

zootscoot

English law under the Sale of Goods Act gives the right to reject I didn't mean the limitation period gives the right to reject. Sorry if it came across that way.

julian580

May be of interest:

Do a search for 1999/44/EC - this should get you to the following-

Directive 1999/44/EC of the European Parliament and of the council of 25th May 1999 on certain aspects of the sale of consumer goods and associated guarantees.

Article 5 covers time limits. Perhaps print the whole 5 page document off and show it to the supplier for a complaint (if it falls in line with the conditions as laid down)?

Regarding current UK law, your rights are

Rights under the Sale of Goods Act 1979:

Goods must: FIt the description given;Be of satisfactory quality;Be fit for their purpose. If not the retailer is legally obliged to remedy the problem.

The Sale and Supply of Goods to Consumers Regulations 2002:

You have the legal right to:

Choose repair, replacement, partial or full refund, or compensation if a fault appears within 6 years (5 years in Scotland) and it is reasonable for goods to last that long.



Hope this helps.

faithless

EU Directives are not UK law - we implemented the 1999/44/EU Directive into UK law via the 2002 Sale and Supply of Goods to Consumers Regs - this DOES NOT provide a 2 yr min guarantee, just reiterates that we have 6 years to make a claim in law - ie to sue the seller.

So if there is a breach, eg of the Supply of Goods and Services Act 1979, goods must be of satisfactory quality and fit for purpose,(which includes reference to durability etc, and also takes into account the price of the goods and all other relevant facts) you have up to six years from buying the goods to sue.
So if your £20 microwave breaks down after 18months, maybe you wouldn't expect it to last much longer, but if your microwave was an all singing all dancing £200 one, you could reasonably expect it to last longer and therefore would have a claim.
So this does not mean the £20 microwave has to last 2yrs or this is any 'guarantee to this effect (let alone 6).

lgb2100

Just contact the Retailer and manufacturer of my faulty iron.

http://forums.moneysavingexpert.com/showthread.html?p=22114787#post22114787

Hopefully I'll get a replacement.

(1st Iron, faulty power switch after 7 months use - 2nd Iron, faulty power switch during its 11 month usage, Guartantee runs from 1st Iron's purchase date, so appears to be out of its 1 year guarantee !)

Clare11 wrote: »

Hi everyone.
A lady told me today of an article she read that an EU law gives a TWO guarantee on products......She read this in a recent newspaper article.

I hunted this article on the net.....
It makes very interesting reading!!
Apparently many retailers are ignoring this law.

Know your rights......

http://www.dailymail.co.uk/news/article-1187190/EU-law-gives-consumers-year-guarantee-goods-kept-secret-retailers.html?ITO=1490