Consumer rights and guarantees

[halfblind]

I want to ask guidance from those on this forum who maybe have gone through the claims against guarantees of goods sold in France.

I have a tablet computer which has just stopped working - dead. It is less than 2 yrs old so my belief is that the statutory guarantee for goods should come into play, in other words it is still under guarantee.

However the manufacturers guarantee states it is only covered for 1 yr from date of purchase.

The product was purchased on-line so before I get in touch with the SAV of the supplier I wanted to know where I stood legally with respect to the guarantee period.

Any one out there any input ?

Thanks in advance.

[halfblind]

[quote user="halfblind"]I want to ask guidance from those on this forum who maybe have gone through the claims against guarantees of goods sold in France.

I have a tablet computer which has just stopped working - dead. It is less than 2 yrs old so my belief is that the statutory guarantee for goods should come into play, in other words it is still under guarantee.

However the manufacturers guarantee states it is only covered for 1 yr from date of purchase.

The product was purchased on-line so before I get in touch with the SAV of the supplier I wanted to know where I stood legally with respect to the guarantee period.

Any one out there any input ?

Thanks in advance.

[/quote]

After information gleaned from another forum it appears that I am not covered as the product did conform to that advertised at time of purchase, so its outside the manufacturers guarantee period.

By the way, its a Toshiba ! Another €250 down the pan ! But on a more positive note it only cost €0,52 per day from date of purchase.

So the glass is half full [;-)]

[woolybanana]

You have a two year guarantee under European law. This is aside from the manyfacturers guarantee, but the shop will fight tooth and nail not to honour it.

If you read French, check Garantie Consommateur on the web and you get the lowdown.

[suein56]

From what Wooly was saying :

http://vosdroits.service-public.fr/particuliers/F11094.xhtml

and

http://www.europe-consommateurs.eu/fr/vos-droits/consommer-dans-l-ue/achats-en-europe/garanties-legales-et-commerciales/les-garanties-en-france/

and

http://www.economie.gouv.fr/dgccrf/Publications/Vie-pratique/Fiches-pratiques/Les-Garanties

are some among many.

Sue

[Théière]

Yes if you want European customers and sell in Europe you must adopt the 2 year European law, take them to the Hussiers!

[Lehaut]

Had the same problem with a microwave. Bought on line from a well known site (sounds like seedeediscount) they also fought tooth and nail. However, they have a forum connected with their store, so I registered on there and started a public debate with the moderator. They accepted the two year guarantee but initially attempted a pro-rata refund as the item was 18 months old. All this was done in "open court" on the forum, the moderator contacting the firm on my behalf. The firm contacted me by email with their less than satisfactory offers. I posted these on the forum, expressed my dissatisfaction, quoted the law etc. Eventually they did refund all my money, plus the shipping charges. Took six months! Worth a try if your company has a forum. Also if you have juridique protection assurance, take it up with them if its over their starting sum.

[halfblind]

Thats very interesting Lehaut as I purchased the tablet from the same on-line company so maybe worth a poke.

However the law does state that the article has to have not conformed to that sold at time of sale see quote below

"Lorsque vous achetez un produit, le vendeur doit vous garantir contre

ses défauts de conformité. La garantie s'applique à condition que le

défaut existe à la date d'acquisition. Vous avez 2 ans pour agir et

bénéficier de la garantie, sans frais"

As the product did conform to the spec as supplied and just happen to "die" after 15 months the law is not applicable as it reads.

[woolybanana]

If it has died within the two year period, it means that it was defective at the time of purchase, surely?

[halfblind]

[quote user="woolybanana"]If it has died within the two year period, it means that it was defective at the time of purchase, surely?[/quote]

Thats going to take some proving, isn't it !

[woolybanana]

Surely, the breakdown is the proof. Some part of the kit is not up to the minimum life expected of two years?

[halfblind]

[quote user="woolybanana"]Surely, the breakdown is the proof. Some part of the kit is not up to the minimum life expected of two years?[/quote]

There is nothing in the law that states that the life expectancy is 2 yrs, and the fact that the manufacturer only guarantees the product for 1 yr then the case is closed !

[Pickles]

[quote user="halfblind"][quote user="woolybanana"]Surely, the breakdown is the proof. Some part of the kit is not up to the minimum life expected of two years?[/quote]

There is nothing in the law that states that the life expectancy is 2 yrs, and the fact that the manufacturer only guarantees the product for 1 yr then the case is closed !

[/quote]

But the law requires that the product be fit for purpose. Being fit for purpose implies the expectation that it will continue to work for a reasonable life. If you knew that the product was only going to last a year, you wouldn't have bought it and a reasonable person would expect it to last longer than that. The fact that it died so young indicates that there is a fault in the product either in design or manufacture which has resulted in a slow-acting cause that has killed it. The maker's guarantee is SUPPLEMENTAL to your legal guarantee rights, which are that it should work for a minimum of two years. The fact that the maker's guarantee is only one year is irrelevant: you have a basic right to expect it to work for a minimum of two years (and more if it is normal to expect such a product to last longer), and that is guaranteed in European consumer law. The supplier cannot dodge that responsibility (though they will try very hard, hoping that you will just give up).

[suein56]

[quote user="halfblind"]There is nothing in the law that states that the life expectancy is 2 yrs, and the fact that the manufacturer only guarantees the product for 1 yr then the case is closed !

[/quote]

Hardly; there have been cases in courts of law where reasonable life expected is often quoted as being 6 years.

For myself I obtained a free repair from AEG after my microwave broke down after 4 years of use; they had demurred but caved in when I quoted some relevant text from Which ? and agreed to a repair free of cost to me.

Sue