Adviser's answers
 

If you have any doubt, send us your questions at info@ecc-netitalia.it: the European Consumer Centre will answer you very soon, informing you (by mail) about the publication of your questions on our website.

Mrs. d’Amico and the after sale guarantee

Mrs. d’Amico bought a television on the trader’s website benefiting from a very good deal. However, after just a month, the television was already out of order. Doubtful and annoyed, Mrs. d’Amico contacted the costumer care office, had his appliance checked and discovered that the damage was reparable… but also that the repair and the shipment would have been at her expense. Therefore, the consumer turned to the European Consumer Centre in order to ask for further information: provided that this type of goods are under an after sale guarantee… why she was asked to pay?    

Solution of the case

According to the Directive EC 1999/44, the after sale guarantee may not be shorter than two years from the time of delivery and cannot be altered in its provisions. In the case of lack of conformity, the seller is liable to the consumer, who is entitled to:

- have the good brought into conformity by repair or replacement, free of charge and without significant inconvenience;

- have an appropriate reduction made in the price (when the good is damaged but still working) or the contract rescinded whether repair or replacement are impossible or whether the seller has not completed the remedy within a reasonable time or without significant inconvenience to the consumer.
 

Therefore, once found out the damage, Mrs. d’Amico should have turned directly to the seller instead of contacting the producer. In fact, according to the law in force, the seller alone is liable for the conformity of the goods, while the producer is free to decide whether to provide an after sale guarantee, which contents and length are not established by legal provisions but depend, as well, on producer’s will.

Previous cases

·        Mrs. Colucci and her son's study tour

·        Mrs. Rossi and the hotel promotional offers

      ·    Mrs. Tiffany and her never delivered product

      ·         On line tickets sale: how much they cost!

      ·         Mr. Dupon and his luggage

      ·         Mr. Rodriguez and the denied boarding

      ·         Mr. Rossi and foreign lotteries

      ·         Mr. Solar and the unfulfilling seller

      ·         Mr Rodriguez and the car rental

      ·         Mr Rossi and the on line purchase

     

For further information or to ask for ECC-Net assistance in order to solve your dispute:
ECC-Net Italia
info@ecc-netitalia.it
Tel 0644238090