Warranty minimum 2 years on all consumer goods EU Directive 1999/44/EC

rainio

That's not very helpful, Forwandert. I'll make it simpler for you.

An EU directive exists as per the first post.

Argos says it does abide by the directive.

Is Argos allowed to not abide by the directive? One would think not, otherwise what's the point of it in the first place?

Nilrem

Argos is not obliged to follow the EU directive.
The EU directive is not in force in the UK because UK consumer Law (which is what the Argos lass was talking about) is already better if slightly different (see Superhan's post).

wealdroam

rainio wrote: »

Is Argos allowed to do this?

Yes they are.

rainio wrote: »

An EU directive exists as per the first post.

Correct. That directive, and more, are incorporated into The Sale of Goods Act (as amended).

rainio wrote: »

Argos says it does abide by the directive.

That's good then... but in your earlier post you told us...

rainio wrote: »

On asking about the above eu directive I was told argos does NOT abide by it

rainio wrote: »

Is Argos allowed to not abide by the directive?

I'm getting confused.
Are you telling us that Argos does or does not abide by the directive?

rainio wrote: »

One would think not, otherwise what's the point of it in the first place?

The point of the directive is just that...
It is a directive to all member states to ensure that the points are incorporated into that nation's legislation.
The directive itself is not legislation.

If you want to know what your rights are in your situation, can I suggest you start by reading MSE's Consumer Rights article.

arcon5

rainio wrote: »

I called argos asking if an air conditioner had a warranty and was told Argos provides one year warranties for their products.
On asking about the above eu directive I was told argos does NOT abide by it, but, instead, has it's own "6 year duty of care" which means if a fault occurs within this timeframe (after the 1 year warranty):

- the purchaser must pay for an independent evaluation of the fault to determine it is not the purchasers fault
- if the evaluation determines there is a fault then argos will refund/gives vouchers for the cost of the product, but PRO RATA of the time it has been purchased for.

I mentioned to the women that it sounds as though argos is trying to not abide by the directive and she said "No, we are, we have the 6 year duty of care blah blah blah". (Taped the conversation, BTW).

Is Argos allowed to do this?

Thanks.

I think you yourself need to fully understand what it means and how the UK protect consumers BEFORE challenging corporations on their policies and co-operation with consumer laws in the UK!

Delete the recording, you will sound as foolish as the person on the other end (if not more).

The woman on the other end of the phone sounds clueless also, all consumer states is goods must last a 'reasonable' time. This may be 6 years, it may be 6 months depending on the nature of the product. But not all products must last 6 years. The 6 year rule is merely part of the statute of limitations.

Hintza

And remember it is a secret EU directive!

yangptangkipperbang

AND most importantly of all:

.....a directive IS NOT a Law !

Equaliser123

yangptangkipperbang wrote: »

AND most importantly of all:

.....a directive IS NOT a Law !

Not strictly true. A directive is not (generally) directly effective. However, they are laws made by the EU and which are applicable to the member states.

yangptangkipperbang

Equaliser123 wrote: »

Not strictly true. A directive is not (generally) directly effective. However, they are laws made by the EU and which are applicable to the member states.

It is strictly (being pedantic !) true. It is a "Legislative Act" which is not a Law.

The European Commission's own description of a Directive is:-

"EU directives lay down certain end results that must be achieved in every Member State. National authorities have to adapt their laws to meet these goals, but are free to decide how to do so. Directives may concern one or more Member States, or all of them.

Each directive specifies the date by which the national laws must be adapted - giving national authorities the room for manoeuvre within the deadlines necessary to take account of differing national situations.

Directives are used to bring different national laws into line with each other, and are particularly common in matters affecting the operation of the single market"


If it was a Law they would call it a Law.

It may be an instruction to change Laws in EU member states, but it is not a Law in its own right.

Equaliser123

yangptangkipperbang wrote: »

It is strictly (being pedantic !) true. It is a "Legislative Act" which is not a Law.

The European Commission's own description of a Directive is:-

"EU directives lay down certain end results that must be achieved in every Member State. National authorities have to adapt their laws to meet these goals, but are free to decide how to do so. Directives may concern one or more Member States, or all of them.

Each directive specifies the date by which the national laws must be adapted - giving national authorities the room for manoeuvre within the deadlines necessary to take account of differing national situations.

Directives are used to bring different national laws into line with each other, and are particularly common in matters affecting the operation of the single market"



If it was a Law they would call it a Law.

It may be an instruction to change Laws in EU member states, but it is not a Law in its own right.

I don't agree. As it is a mandatory requirement which, in some circumstances can be directly effective (i.e. applied by the national courts) without any further enactment.

George_Michael

Equaliser123 wrote: »

I don't agree. As it is a mandatory requirement which, in some circumstances can be directly effective (i.e. applied by the national courts) without any further enactment.

You might not agree, but that doesn't mean you are correct.
The EU directive in question clearly states that each country must bring into force a law to implement the directive.
Nowhere in the directive does it state that it is a law in its own right.

Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 2002. They shall forthwith inform the Commission thereof

Member States shall take appropriate measures to inform the consumer of the national law transposing this Directive

Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.

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