Quick questions on Consumer Rights

mije1983

naedanger wrote: »

Though each and every one of the kettles would have had to break down within 2 years.

That said my view is also that the UK approach strikes a better balance.

Wouldn't take much for a less than honest person to ensure they 'break' though.

naedanger

mije1983 wrote: »

Wouldn't take much for a less than honest person to ensure they 'break' though.

Yes. Though if the onus is on the customer to prove the fault was inherent then the problem of dishonest customers may not be as bad as it might at first appear.

wealdroam

This appears to me to be another misunderstanding of 'the EU two year guarantee'.

[Deleted User]

wealdroam wrote: »

This appears to me to be another misunderstanding of 'the EU two year guarantee'.

Of course it is. Portugal isn't home to perpetual returns...

naedanger

Moneyineptitude wrote: »

Of course it is. Portugal isn't home to perpetual returns...

Care to provide some evidence to back up your claim?

The following link says you are wrong:

http://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/portugal/index_en.htm

Is the repaired/replaced product covered by a new guarantee?

Yes. In case of a replacement a new 2-year guarantee comes into force.

wealdroam

naedanger wrote: »

Care to provide some evidence to back up your claim?

The following link says you are wrong:

http://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/portugal/index_en.htm

Is the repaired/replaced product covered by a new guarantee?

Yes. In case of a replacement a new 2-year guarantee comes into force.

Can we perhaps compare that with a similar page on the same website for The United Kingdom?
Whilst the repeating two year guarantee isn't there, we can see:

How long is the legal guarantee for new and second-hand goods?

The duration is 6 years in England, Wales and Northern Ireland and 5 years in Scotland. This applies to new and second-hand goods.

The similar question on Portugal's page is:

How long is the legal guarantee for new and second-hand goods?

The guarantee is normally 2 years, but can be reduced to 1 year for second-hand goods, if the consumer agrees.

So we have a six year guarantee in the UK, against a two year guarantee elsewhere.

To put it another way, we have up to six years in the UK to seek a remedy from the seller, but in Portugal one only has two years to seek that remedy, but that two years can be increased by a further two years if the remedy is a replacement.

Haven't we learnt yet that this two year EU guarantee is a myth?

naedanger

wealdroam wrote: »

Can we perhaps compare that with a similar page on the same website for The United Kingdom?
Whilst the repeating two year guarantee isn't there, we can see:

The similar question on Portugal's page is:

So we have a six year guarantee in the UK, against a two year guarantee elsewhere.

Haven't we learnt yet that this two year EU guarantee is a myth?

We are not talking about a two year guarantee in a UK context.

We are talking about whether the two year period in Portugal is renewed if a product is replaced because it is faulty. The website says it is. You have not given any evidence to contradict that.

wealdroam

naedanger wrote: »

We are not talking about a two year guarantee in a UK context.

Absolutely right.

The two year guarantee offered in Portugal is nothing like a guarantee as it is generally understood to be in the UK.

naedanger wrote: »

We are talking about whether the two year period in Portugal is renewed if a product is replaced because it is faulty. The website says it is. You have not given any evidence to contradict that.

Please read my edit which was posted moments after you quoted my post.

missymouse

Hello, I wonder if anyone can advise me of a made to order issue. I ordered curtains recently and chose my curtains from a swatch which was great and exactly what I wanted. However, when I received the item they were a different shade of the colour and deeper and brighter. I did not like them as there was a marked difference. I took them back to the store and the Manager agreed with me and the swatch there was identical to my original swatch. These were sent back to customer services but they are stating that the curtains are acceptable.

I am really upset as they were not cheap and I expect the colour to be the same as the sample roughly not a different shade. I have never experienced this before. I want my money back or the curtains made in the correct colour. I have worked in the industry so I do understand about batches but this is beyond that.

unholyangel

missymouse wrote: »

Hello, I wonder if anyone can advise me of a made to order issue. I ordered curtains recently and chose my curtains from a swatch which was great and exactly what I wanted. However, when I received the item they were a different shade of the colour and deeper and brighter. I did not like them as there was a marked difference. I took them back to the store and the Manager agreed with me and the swatch there was identical to my original swatch. These were sent back to customer services but they are stating that the curtains are acceptable.

I am really upset as they were not cheap and I expect the colour to be the same as the sample roughly not a different shade. I have never experienced this before. I want my money back or the curtains made in the correct colour. I have worked in the industry so I do understand about batches but this is beyond that.

Remind them that goods need to match their sample. From consumer rights act:

13Goods to match a sample

(1)This section applies to a contract to supply goods by reference to a sample of the goods that is seen or examined by the consumer before the contract is made.

(2)Every contract to which this section applies is to be treated as including a term that—

(a)the goods will match the sample except to the extent that any differences between the sample and the goods are brought to the consumer’s attention before the contract is made, and

(b)the goods will be free from any defect that makes their quality unsatisfactory and that would not be apparent on a reasonable examination of the sample.