Warranty and online purchases, how confusing: here are the rights that not everyone knows

“I bought this vertical iron, following six months the tube broke and the seller told me that the warranty does not cover this product”. A real example that can be found among Amazon reviews. It concerns a famous brand that there is no need to mention because this is just an example of a recurring malpractice. «In reality the legal guarantee covers the entirety of the product in its functionality, so it makes no sense to say that some parts are excluded even if some sellers try», says Francesco Luongo, president of the citizen defense movement. «The problem is that too many consumers still ignore some basic rights regarding the legal guarantee or free returns», he adds.
For example: the legal guarantee is formally two years but in practice it is 26 months; and during the first year we can assert it with greater ease than in the second year.
We remind you that these rights apply “to contracts which have as their object any tangible movable good, including those to be assembled, water, gas and electricity when they are packaged for sale in a limited volume or in a specific quantity”, and ” to goods with digital elements (any tangible movable good that incorporates, or is interconnected with, digital content or a digital service in such a way that the lack of said digital content or digital service would prevent the performance of the goods’ proper functions) and animals live”, as explained on the dedicated page on the website of the Ministry of Business and Made in Italy. The condition is that the contract is between the consumer and the selling company (not between consumers or between companies).

How long does it last and what is the deadline within which the guarantee on the products can be asserted

Let’s start with the timing. We can make use of the legal guarantee by reporting a problem within two years of delivery of the same product. In reality, however, it is 26 months, because normally we have two months to report the problem from the moment we discover it. In short, at the 26th month we might say that we discovered it two months earlier, when the guarantee (24 months) was still in place. Technically the problem on which the guarantee is triggered is a “defect of conformity”. It means that the product broke so soon due to an original defect, which was already present when it was delivered to us. Like a tube that’s too delicate or a faulty chip. Problems which, even if present at the origin, can manifest themselves later, according to the European legislator, who on this basis offers us the “guarantee”. However, two situations can be distinguished: unless proven otherwise, for defects of conformity which manifest themselves within a year from delivery of the product, its existence is presumed already on that date (art. 135, paragraph 1, Consumer Code). It will therefore be up to the seller to prove that the product was fully compliant, i.e. that the defect complained of by the consumer was created following delivery. If defects appear, however, following the first year the consumer will have to provide proof that the defect was present at the time of delivery. “In practice it means that in the first year we will be able to request intervention under warranty with little explanation; followingwards we will have to explain the nature of the fault better”, says Luongo.

What happens under warranty, what can we have

Another recurring misunderstanding is thinking that a warranty only implies “free repair”. In reality, in the event that a purchased product presents a lack of conformity, the consumer has the right to request from the seller: in the first instance, the repair or replacement of the product (so-called primary remedies), to re-establish conformity at no cost; if the first two remedies are not applicable, a price reduction or cancellation of the contract or reimbursement (so-called secondary remedies). Repair or replacement are both free and occur “within a reasonable time” i.e. without causing significant inconvenience to the consumer. What “reasonable time” and “significant inconvenience” are depends on the nature of the product and the purpose for which it was purchased. However, the seller can refuse the consumer’s choice if this is impossible to fulfill or involves excessive costs. The legislator establishes that this evaluation must be carried out considering: the value of the product in the absence of the defect; the extent of the defect; the possibility that the alternative remedy can be implemented without significant inconvenience to the consumer. The consumer will then be able to request a price reduction or cancellation of the contract. In particular, if the defect is of minor importance (i.e. it does not compromise the use of the product, such as a scratch), the seller might ask for a price reduction to be established. In fact, give a refund.

What to do if they refuse the guarantee

What happens if the seller does not satisfy the consumer’s requests (denies the guarantee or offers an unsatisfactory solution?). It is not necessary – as some think – to immediately contact a lawyer. First we must make a written complaint to the seller. We can also do it via the platform used for purchasing (Amazon) or payment (Paypal). Then we can contact one of the consumer and user associations. It is also possible to start a conciliation (“Adr”) through a mediation body, at prices free or symbolic. There are many and they vary depending on the nature of the good or service. For online purchases in particular we can use the Odr platform managed by the European Commission. You can use the Odr to contact the seller and resolve the dispute directly. We have 90 days to reach an agreement. Or to contact a dispute resolution body to resolve the dispute on our behalf. We have 30 days to agree which dispute resolution body to use.