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European law - 2 year guarantee on all consumer goods!

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  • Antispam
    Antispam Posts: 6,636 Forumite
    1,000 Posts Combo Breaker
    edited 3 July 2009 at 3:39PM
    I emailed these a few days back regarding the EU directive 1999/44/EC

    The sale of goods act is better to use as it increases the time in which you can claim for faulty goods up to 6 years in England 5 in Scotland, rather than two years for EU directive


    http://ec.europa.eu/europedirect/


    Thank you for your enquiry.

    Directive 1999/44 applies to all sales and which requires manufacturers to provide repairs or replacement of goods that fail to conform to the sales contract for up to 2 years after the goods are sold.

    This is the link to the Directive:
    http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=31999L0044&model=guichett


    The Directive lays down a presumption that goods which show a lack of conformity within 6 months of purchase were defective at the time of purchase. After 6 months you have to demonstrate that the goods were defective when you purchased them.

    As a result, it appears that the UK rules correctly implement the Directive on this point.

    You can find out more on Directive 1999/44 on this official EU website:
    http://ec.europa.eu/consumers/cons_int/safe_shop/guarantees/index_en.htm


    We hope this answers your query.

    Yours sincerely,

    Citizens Signpost Service
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    phlogeston wrote: »
    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.

    i never said it had a direct effect

    as i know, treaty's, regulations AND decisions have direct effects

    i was merely stating how directives work by being implemented into law

    sorry if it was confusing, made sense to me:p
    Back by no demand whatsoever.
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