EU Directive 1999/44/EC Two-year warranty

wealdroam

Glynn.Alexander wrote: »

Firstly Wealdroam, the EU Directive exists and it says nothing about incorporating the substance, it is a directive in its own right that supercedes National law, maybe if you think it only means 'incorporating the substance' you could point out in the directive where it states that, otherwise I would say...

I think DoaM has answered that.
I've not quoted the gratuitous insult at the end of that sentence.

Glynn.Alexander wrote: »

Secondly, maybe instead of trying to insult people, you should check the facts for yourself, I have read the directive, that is how I know it says nothing about 'incorporating substance'. I would recommend you {Edited by Forum Team} read what I put above again...

Again, read DoaM's post.
And you are talking about me insulting people... hahaha.

Glynn.Alexander wrote: »

Despite retailer claims (as if they can be trusted to tell the truth), this means you can go to an EU court and win!

Yes you can go to a European Court, but I am not so sure on the 'win' bit.

Again I ask, how are you going to progress you issue with Currys?

powerful_Rogue

Glynn.Alexander wrote: »

I thought it useful to post this, it is in regards to when you purchase products at shops and they claim that you need to pay for the repair if the product is just over a year old.

As most of us here are probably aware there is a UK law known as The Consumer Rights Act 2015 amongst others, this stipulates that if your product is over 6 months old, any repairs that may need to be done needs to be proven by you to be a manufacturer fault before the retailer is obliged to repair or replace the product.

Having had an issue with Curries recently I was told that my 15-month-old headphones were out of warranty and they will not fix them unless I prove to them that this is a manufacturer issue.

Enter EU Directive 1999/44/EC, this directive states 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.' there is no requirement for you to prove that the damage was caused by the manufacturer.

There are only a few conditions

• The goods were purchased no longer than two years ago
• The store will not provide a refund or repair because you are returning the item after their return period has ended, usually one year
• You are reporting the fault within two months of discovering it
• The goods show no signs of damage through your actions or misuse.

Secondly in the UK Since 1972, when Parliament passed the European Communities Act if there is a conflict between national law and European law, the UK courts have to give priority to European law meaning that EU directive 1999/44/EC supersedes the Sale and Supply of Goods to Consumers Regulations 2002 and any other consumer law currently enforced throughout the UK.

Of course, as expected in my case Curries have tried to fob me off, so after curries have been given reasonable time to respond I will follow this on with the European Small Claims Procedure should they choose not to repair/replace or refund me for my damaged purchase, one that cost me £200.00 and they were trying to charge me £60 to repair. e-justice.europa.eu/content_small_claims-42-en.do

I hope this information is useful to some out there, it will certainly scare the retailers if more and more people quoted this directive rather than the limited Consumer Rights Act.

1) Quoting incase you delete

2) As you're posting on the MoneySavingExperts Forum - Below is what Martin Lewis has to say on the matter. The short version is that you are incorrect.

https://blog.moneysavingexpert.com/2010/12/the-eu-goods-must-last-a-minimum-two-years-rule-is-a-myth/

shaun_from_Africa

Glynn.Alexander wrote: »

Enter EU Directive 1999/44/EC, this directive states 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.' there is no requirement for you to prove that the damage was caused by the manufacturer.

Have you actually read the directive rather than just newspaper interpretations of it?

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A31999L0044

The 2 year "warranty" you refer to is clearly stated as being a minimum 2 year period in which you can exercise your legal rights against the seller:

(17) Whereas it is appropriate to limit in time the period during which the seller is liable for any lack of conformity which exists at the time of delivery of the goods; whereas Member States may also provide for a limitation on the period during which consumers can exercise their rights, provided such a period does not expire within two years from the time of delivery; whereas where, under national legislation, the time when a limitation period starts is not the time of delivery of the goods, the total duration of the limitation period provided for by national law may not be shorter than two years from the time of delivery;

A minimum of 2 years to exercise your rights whereas in the UK we have 6 years.

The onus of proof for showing that disproving that faults existed at the time of purchase is only only 6 months (as in the CRA):

3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

And as for transposing the directive into UK law, something that you said wasn't the case:

Article 9

Member States shall take appropriate measures to inform the consumer of the national law transposing this Directive and shall encourage, where appropriate, professional organisations to inform consumers of their rights.

George_Michael

Glynn.Alexander wrote: »

I hope this information is useful to some out there, it will certainly scare the retailers if more and more people quoted this directive rather than the limited Consumer Rights Act.

It would scare retailers even more if people quoted legislation that applied and more so if they actually understood what they were quoting.

To follow on from the post from DoaM and the comment from SfA.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM%3Al14527

However, a directive is distinct from a regulation or a decision:
• unlike a regulation, which is applicable in EU countries’ internal law immediately after its entry into force, a directive is not directly applicable in EU countries. It must first be transposed into national law before it is applicable in each EU country;

agrinnall

I think that with the weight of evidence posted to contradict the OP's interpretation it is him that is relieving himself against a typhoon!