Guarantees for your peace of mind

Legal warranty of conformity, commercial warranty, warranty against hidden defects, contractual warranty… What are the differences between all these warranties? Which warranties are mandatory? Optional? When do they apply? Let’s find out…

There are two categories of warranty: Legal warranties, which cannot be waived. Commercial warranties, whether free of charge or not, freely granted by the professional, which are contractual in nature. EU legislation specifies that the seller must offer the consumer a warranty of at least two years (legal warranty) to protect against goods that are defective or do not look or work as advertised.

After-sales responsibility

If, during the warranty period, the product sold is defective or does not appear or function as advertised, the seller is liable. In some countries, responsibility may also lie with the manufacturer or importer.

When can the customer claim compensation ?

The seller is legally bound by any public statements made about his products, particularly in advertising or labelling.

If he is a retailer, a customer may claim compensation under the legal guarantee provided by European legislation if the product :

• Does not correspond to the description given.
• Has qualities different from those of the model advertised or presented to the customer.
• Is not suitable for the normal or specific intended use required by the customer and accepted by the seller.
• Does not possess the quality or performance customary for a product of the same type.
• Has not been properly installed, either by the seller or by the consumer, due to incomplete instructions.

If the seller has informed the consumer, at the time of sale, that the product presents quality problems, the consumer will not be able to claim compensation for this particular defect.

What can the customer demand ?

The customer has the right to request, free of charge (delivery, labor, material or other) :

• Product repair.
• Replacement of the product.
• Price reduction.
• Cancellation of the contract and full refund (in some countries, the sales contract cannot be cancelled in the event of a minor defect, such as a scratch on a CD box).

Repair or replacement

In most European countries, there is a « hierarchy of remedies ». This means that the customer must first ask for the product to be repaired, or replaced if repair is not a viable solution (e.g., too costly). The seller must do this within a reasonable timeframe and without major inconvenience to the customer.

Price reduction or full refund

The other option is to grant the customer a price reduction or a full refund, but only if repair or replacement:

• Is impossible.
• Would be too costly, given the nature of the product or defect.
• Would cause too much inconvenience to the customer.
• Cannot be carried out by the seller within a reasonable period of time.

Additional warranties

The seller may also offer the consumer an additional warranty (commercial warranty). This may be included in the price of the product or granted at an additional cost. It does not replace the legal warranty, which is always for at least 2 years, and the seller must inform the consumer that it does not affect his or her right to the legal warranty.

Implementation of warranties

Each EU country applies the rules slightly differently.

RESIMARMO guarantees

We guarantee our products according to European law, that is to say for two years.