Claim in case of product failure
The first person responsible for the product is the seller. However, the consumer can go directly to the manufacturer or the importer, without going to the seller. If, for example, during a holiday away from home, a digital camera has been purchased that does not match what was offered in the shop, it is easier for the consumer to go to the manufacturer or importer than to the shop where he bought it.
If the product does not correspond to the advertised characteristics, the consumer can choose between repairing the good or replacing it, unless this proves impossible or disproportionate. If repair or replacement is not possible or is disproportionate, the consumer may choose either an appropriate reduction in price or the termination of the contract, i.e. a refund of the price.
The consumer may not require replacement in the case of second-hand goods or goods which cannot be replaced.
For example, replacement cannot be demanded if the good is no longer manufactured or there is no stock left, if a second hand vehicle is purchased or, because of the impossibility, a work of art, an antique or an exclusive clothing design can be replaced. Replacement will be disproportionate when the defect is small and easy to repair.
Repair shall be disproportionate when it is uneconomical, i.e. more expensive to repair than the value of the good.
The consumer must come to report the fault within one month of detection. In this sense, if the problem has appeared in the six months after the purchase of the product, the seller must make the guarantee effective, since in that period of time it is assumed that the problem comes from the factory. However, if those six months have passed, it is the consumer who must prove that the fault is of origin and that it was not caused by misuse of the product.
The law establishes that during the six months following the delivery of the repaired goods, the seller will be responsible for the faults that caused the repair, and it is presumed that it is the same fault when defects of the same origin as those initially repaired are reproduced. In order to make this repair guarantee effective, the consumer must keep proof of the repair and of the technical service that repaired the product at the time.
Failure after repair or replacement
The Law includes these possibilities: If the consumer chose to replace a faulty product with another one of the same kind, he can ask the seller to repair it, provided that it is not disproportionate, reduce the price or return the money.
If, on the other hand, the consumer chose to have a product repaired, he can demand an exchange, a reduction in price or a refund of all the money paid.
But the Act does not specify the amount or type of price reduction that the seller must make to the consumer if that is the option chosen. Thus the two parties involved in the purchase and sale are obliged to reach agreements that satisfy both of them.
Refusal to repair, reduce price or refund
If we are within the first six months, we must demand reparation and request an RMA document and even insist on going to trial. It is presumed that the fault existed. But if the first six months have already passed, we are in reverse. It is up to the consumer to prove that the product was purchased with the fault.
In any case, the consumer will have to negotiate and if he does not agree with the discount offered by the seller, he can go to an appraiser to determine the price of the product after the repair and request a price reduction in that sense.