Two year "EU" Warranty on goods ??

italiastar

My daughter bought a microwave from a major supermarket - it was their own Brand, but not a "Value" item. It has stopped working just after a year. The retailer says that the warranty is only for 12 months, but there is something about a 2 year EU guarantee and possibly 4 year under UK consumer law. Can someone please advise as my daughter cannot afford a new microwave.

halibut2209

There is no such law. It frequently comes up, so prepare yourself for a barrage of "secret EU Law" posts.

If she can prove that the fault was inherent by way of an independant report, then you can ask for a repair/replacement/refund. But the onus is on you to prove it I'm afraid.

Owain_Moneysaver

There is no EU 2 year guarantee.

The EU law changed to allow consumers to take legal action against a retailer for faulty goods for a period of up to 2 years after purchase. This made no difference in the UK as the relevant period in England and Wales was already 6 years. This is not a guarantee period; you cannot expect everything to work for 6 years.

The 12 month warranty is in addition to your statutory rights under the Sale of Goods Act etc not instead of it.

I suggest your daughter contact Consumer Direct helpline.

shaun_from_Africa

Ignore the EU warranty as this bit of legislation wasn't implemented into legislation in the UK.
The reason for this is that we have the "Sale of goods act", and this gives more rights to the consumer than the EU law would have done.

Basically, the SOGA states that all goods sold are expected to last a reasonable time (this term isn't defined as it depends on the price paid, type of goods, the use to which it has been put, etc), and that a consumer has up to 6 years to attempt to claim from the retailer for faulty goods. (Up to 6 years, not to say that all goods should last 6 years).

If a fault occurs in the first 6 months, then it is assumed that it was due to an inherrent fault (manufacturing defect) and was there at the time of purchase unless the retailer can prove otherwise.
After 6 months from purchase, the retailer can ask the consumer to prove that the fault was inherrent and not due to misuse. To do this you may need to get a report from a qualified 3rd party.

If you can get this proof, the retailer can then offer a repair, exchange or refund (and this can be the original price paid, minus a sum to cover the use that the consumer had use of the goods whilst they were fault free).

Your daughter should contact the retailer and advise them that according to the SOGA, the microwave should have lasted a reasonable time and that she doesn't consider just over 1 year is reasonable.
Their response will determine the next step she has to take.

italiastar

Thank you all for such a quick response, and especially Shaun for providing me with such a detailed response. Thank you all for your time.