Products purchased from January 1, 2022 they will have a three year warranty. In the case of second-hand goods, the regulations maintain that the guarantee period may not be less than one year. The Facua consumer association has celebrated that terms of legal guarantees of the products are extended as of January 1, 2022, provided that the products are purchased from that day. It is on this date that the modification of Royal Legislative Decree 1/2007, of November 16, comes into force, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, which it approved the Government last April. The Organization of Consumers and Users (OCU) advises that before the change of regulations, it is convenient “to wait for the entry into force if you are going to buy an electrical appliance, a technological device or a vehicle”. This organization goes further and considers that the guarantee regulations should be supported “with others such as the creation of an Index of repairability of the products, which guides the choice of consumers towards more durable products”.
The idea is that consumers have the right to repair products and demand measures against premature obsolescence of products.Another important element of the law is the obligation that all manufacturers will have to maintain the existence of repair parts and a proper technical service for at least 10 years from the date the product is no longer manufactured.
The reform of this law implies the incorporation into the national regulations of Directive (EU) 2019/771, relative to certain aspects of contracts for the sale of goods. Thus, the period for the manifestation of lack of conformity – period of application of the legal guarantee of a product – that includes article 120 of the consolidated text is extended from the two years that currently exist to the three that will begin to apply from the January 1 of next year for those goods that are purchased from that date. According to him new legal framework, “the entrepreneur will be responsible for any lack of conformity that exists at the time of delivery or supply and manifests itself within a period of three years from delivery in the case of goods”, as stated in the new wording of the aforementioned Article. When a good shows a lack of conformity within the established warranty period, the customer can choose between its repair or replacement.
In the case of second hand goods, the regulations maintain that the consumer and the company may agree on a specific duration of the warranty period, which may never be less than one year. Similarly, the statute of limitations to exercise the rights that the consumer has when the product shows a lack of conformity is also extended from three to five years. In addition, the modification of the rule increases the investment period of the burden of proof to prove the lack of conformity, which goes from six months to two years.
Lack of conformity
This means that, during this period, the consumer will only have to indicate that the good is not in accordance with the agreement, without the need to demonstrate its lack of conformity at the time of delivery. In order to oppose the user’s claim, the employer will have to demonstrate that said lack of conformity did not exist at that time. After a period of two years, the consumer shall bear the burden of proof that the lack of conformity existed since the delivery of the product. In second-hand goods, this period may be agreed by the consumer and the employer, but in no case may it be less than the period of responsibility agreed for the lack of conformity.
More warranty as a business argument
The manufacturer may offer the consumer or user more favorable conditions through its commercial guarantee and those that are announced in its advertising will be binding.
Another element introduced in the regulations is that the guarantees also apply to digital products or services. Thus, digital services understood as all those that allow the creation, treatment, access or storage of data in digital format must also comply with the regulations. This includes video and audio sharing ‘software’ and other file hosting, word processing or games offered in the ‘online’ environment, social media, online email and services. instant messaging. However, this regulation excludes free and open source programs, in which the source code is openly shared and users can freely access the program.