World Consumer Day has been celebrated since 1983, on 15 March, by decision of the United Nations, in commemoration of a speech by US President John F. Kennedy to Congress, which laid the foundations of the consumer movement.
The European Union attaches particular importance to consumer issues, which is why it is constantly strengthening consumer protection by adopting legislation guaranteeing basic consumer rights.
In this context, the European Consumer Centre Cyprus (ECC), the Cyprus Consumer Association and the Cyprus Consumer and Quality of Life Association, in a joint campaign during the week of 13-17 March 2023 in Social Media and on their Social Media accounts, will inform consumers about their right to a Legal Guarantee based on the new EU Directive 2019/771.
The transposition of EU Directive 2019/771
From 1 January 2022, the old Directive 1999/44/EC, which for years governed warranties for non-conformity of goods, has been repealed. With the development of technology and the digital internal market, it was necessary to modernise and adapt the current rules to goods with digital elements and to digital content and services. The EU adopted two directives, EU Directive 2019/771 on certain aspects relating to contracts for the sale of goods and EU Directive 2019/770 on certain aspects relating to contracts for the supply of digital content and services.
What changes with the 2 new Directives?
- Right to the statutory guarantee:
If the product purchased by the consumer has a defect - lack of conformity, then the statutory guarantee of 2 years applies. In such a case he has the right either to free-of-charge restoration of the conformity of the goods by repair or replacement, or to a price reduction, or to withdraw from the contract with regard to these goods. In the case of second-hand goods, the seller and the consumer may agree in contractual terms or by agreement that the shorter period of liability or limitation shall not be less than one year.
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Right to prompt repair or replacement of the non-conformity:
If the product purchased by the consumer has a problem, then the repair or replacement must be carried out within a reasonable period of time, not exceeding 25 days, from the moment the seller is informed by the consumer of the non-conformity. The 25-day period may be extended only with your express consent.
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Right to a replacement of a new product or a refund:
If the product purchased by the consumer has a serious defect in the first 30 days from the date of receipt, then the consumer has the right to terminate the contract (refund of the paid part) or request its immediate replacement.
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Right to extend the warranty period. For this purpose, the seller must provide the customer with a receipt and delivery receipt when a product is delivered for repair or replacement purposes. Furthermore, the customer has the right to ask the seller for a written report of the result of the technical inspection carried out on the product.
- Goods with digital elements:
They are defined as any tangible movable objects that incorporate or interface with digital content or a digital service in such a way that the absence of such digital content or digital service prevents the goods from performing their functions. The trader is obliged to inform the consumer before the contract about the technical requirements of goods with digital elements and to provide all necessary instructions for installation and updates. On the other hand, the consumer will have the obligation to cooperate with the trader in installing and updating the goods within a reasonable period of time.
(MB/EXP)
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