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European law - 2 year guarantee on all consumer goods!

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I've not come accross this before but it states that "a two year guarantee applies for the sale of all consumer goods everywhere in the EU".

Theres have been many items i've been told by retailer I can't return faulty its out of its 1 year warranty. I've been given the hard sell on electrical warranties too, based on the item only having a 1 year warranty. :confused:


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http://ec.europa.eu/publications/booklets/move/64/en.pdf
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Comments

  • £$&*"($£&(
    £$&*"($£&( Posts: 4,538 Forumite
    This has been widely trailed and widely talked about here. I'd suggest doing a search because it's not that straightforward.
  • naijapower
    naijapower Posts: 1,393 Forumite
    Yeah, i dont think it is straight forward. Pls check it out carefully
  • Antispam
    Antispam Posts: 6,636 Forumite
    1,000 Posts Combo Breaker
    I have it on confirmation from Consumer direct and these people http://www.ukecc.net/ that sale of goods act is better option the EU directive only goes to 2 years and you have to prove after 6 months that there goods has a inherent fault just like the soga

    By the way Currys said to be that it inst law the directive which is a blatant lie

    The soga is better because you have up to 6 years in England and 5 in Scotland
  • Antispam
    Antispam Posts: 6,636 Forumite
    1,000 Posts Combo Breaker
    edited 1 July 2009 at 2:05PM
    The EU directive is misleading its seems to imply its a 2 year guarantee, it isnt as such, its not a guarantee or warranty it just means the goods have to be free from defectives up to 2 years etc like the sale of goods act. After 1st 6 months you have to prove there is a defective that is why I am paying for a engineer to check my freezer out on Friday
  • pault123
    pault123 Posts: 1,111 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    sounds like a catch 22 as say 1.5 years down the line it breaks how would you even try to explain it was faulty in the 1st six months but you've used it all this time without problem?!
  • Jakg
    Jakg Posts: 2,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Antispam wrote: »
    By the way Currys said to be that it inst law the directive which is a blatant lie

    The soga is better because you have up to 6 years in England and 5 in Scotland
    What?


    This directive doesn't actually apply in the UK anyway - but even if it did the SOGA is better...
    Nothing I say represents any past, present or future employer.
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    Jakg wrote: »
    What?


    This directive doesn't actually apply in the UK anyway - but even if it did the SOGA is better...

    you obviously dont quite understand what directives are or you have just worded your reply poorly

    of course directives apply

    they apply to all member states and are heavily enforceable as shown by the case Eu Commission vs UK (Re Tachometers) when the uk failed to enforce a directive in law.

    so this new eu directive does apply, but directives are basically instructions to member states

    they offer rough(rough compared to fully completed regulations and decisions)
    guidlines as to how member states should construct a law and it gives them what the purpose of the act is

    it is then left to the member states to construct or amend laws in order to achieve the desired affect

    in the uks case for this directive

    soga just to happened to already make the cut as it were. it already gave the 2 years protection and a further 4


    but yes that was a generic post on the background on this eu directive and what it means so it wasnt solely directed at you Jakg
    Back by no demand whatsoever.
  • Antispam
    Antispam Posts: 6,636 Forumite
    1,000 Posts Combo Breaker
    It applies to all member states of EU as it gives every one a bare minimum protection

    I already said soga is better "
    The soga is better because you have up to 6 years in England and 5 in Scotland"
    Jakg wrote: »
    What?


    This directive doesn't actually apply in the UK anyway - but even if it did the SOGA is better...
  • phlogeston
    phlogeston Posts: 228 Forumite
    you obviously dont quite understand what directives are or you have just worded your reply poorly

    of course directives apply

    they apply to all member states and are heavily enforceable as shown by the case Eu Commission vs UK (Re Tachometers) when the uk failed to enforce a directive in law.

    so this new eu directive does apply, but directives are basically instructions to member states

    they offer rough(rough compared to fully completed regulations and decisions)
    guidlines as to how member states should construct a law and it gives them what the purpose of the act is

    it is then left to the member states to construct or amend laws in order to achieve the desired affect

    in the uks case for this directive

    soga just to happened to already make the cut as it were. it already gave the 2 years protection and a further 4


    but yes that was a generic post on the background on this eu directive and what it means so it wasnt solely directed at you Jakg

    Your reply is either incorrect or confusing.

    European Law has only a direct effect on UK law if implemented in a Treaty or Regulation.

    Directives can not under any circumstance have a direct effect between private individuals or organizations (the case you quote is against a government body).

    If the directive is to have any effect it must be incorporated into UK law.

    So in essence forget the directive, it has NOT been incorporated into UK law because the Sale of Goods Act already gave consumers better rights.
  • Halloway
    Halloway Posts: 1,612 Forumite
    Hot stuff, Phlogeston. You're on fire today.
This discussion has been closed.
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