What if they are not products as such but digital services? They also have a guarantee, although it is two years from January 1, 2022. That is, they are online games or services such as social networks, file hosting software, word processors, email or messaging applications, etc. Except free and open source programs.
They are, according to the Ministry of Consumption itself, “free digital services that are obtained in exchange for personal data” and are added to the legislation for the first time. Games, social networks, music platforms, messaging…
What the new legislation on digital services is the next:
In the case of digital content or services or goods with digital elements, when the contract provides for the continuous supply of digital content or services for a certain period of time, the entrepreneur will be responsible for any lack of conformity of the digital content or services that occurs or manifests itself within the period during which the content or digital services must be supplied in accordance with the contract. However, if the contract for the sale of goods with digital elements establishes the continuous supply of digital content or services for a period of less than three years, the term of responsibility will be three years from the time of delivery.
What if they are secondhand? In this case, the consumer and the company or seller can agree on the duration of the guarantee period, but never less than one year. This is stated in Article 120 of the Exercise of rights by the consumer and user linked in the previous paragraph.
“In second-hand goods, the entrepreneur and the consumer or user may agree on a period shorter than that indicated in the previous paragraph, which may not be less than one year from delivery”
What to take into account?
Who is responsible and who should we claim? What are consumers entitled to?
- Who should we claim?
Where should we claim this guarantee? Who should we go to if our device breaks down in these first three years from the time of purchase? From the Consumer Organization (OCU) they clarify it: where the buyer must first go is to the seller, who is in charge of responding. Only if it is not possible to obtain a solution through the seller can we go to the manufacturer but from the organization they explain that they have no obligation to return the money, for example.
In any case, it will depend on the product itself, the problem, the purchase…
- What are we entitled to?
Another of the frequent doubts is related to knowing what we are entitled to in the guarantee program. They explain it from the OCU: during the first six months you do not have to prove anything and after six months the manufacturer can demand that it be shown that the problem is a factory defect. We currently have two years to assume that it is a factory fault and a third year in which the manufacturer can demand that this be proven, even by resorting to an expert.
In addition, from the consumer organization they tell us that we are the ones who can choose what we want:
“In principle, the consumer can choose whether he prefers that the product under warranty be repaired or exchanged for a new one, but the manufacturer can claim that one of the ways seems disproportionate and choose the one that suits him… as long as the consumer agrees. agreement. When it is not possible or reasonable to replace the product under warranty with a new one or if the period of time is exaggerated… the consumer may request a price reduction or terminate the contract.”
Spare parts and technical service
Beyond the three year warranty there are also changes in spare parts. It increasedto up to ten years the obligation for companies to have spare parts for your products. This seeks to be a measure to combat programmed obsolescence to ensure that devices last longer but also that the impact on the environment is less due to less waste of batteries or household appliances.
Until now the term was, in this case, five years. We will double the possibility of using any device knowing that there is a way to repair it. In addition, the Consumer Organization (OCU) has also requested that All companies that deny repair are sanctioned of a product to their customers or that they do not have the corresponding parts when they are asked to have access to them.
Another of the improvements related to the spare part is that of the technical service. It will be mandatory to guarantee an adequate technical service in case the user wants to fix the product instead of having a new one as a replacement for the broken one. As above, this will increase shelf life and decrease waste.
Other measures
Beyond the increase in the guarantee or the possibility of repairing our products, new measures have already been announced to protect consumers.
Rights of non-conformity
The rights of non-conformity already existed in Spain but they had a term of three years. Now they will be five years. He picks it up article 116 of the General Law for the Defense of Consumers and Users and other complementary laws and is subsequently modified (as we can read in the BOE) by article 16.7 of Royal Decree-Law 7/2021 of April 27.
“In any case, the consumer or user will have the right, in accordance with civil and commercial legislation, to be compensated for the damages derived from the lack of conformity.”
Repairability Index
Spain announced in March 2021 that it was already working on implement a Repairability Index as do other neighboring countries, such as France, which already implemented it in 2020 following the recommendations of the European Parliament. In a press release of that date it was announced that the Ministry of Consumer Affairs was developing this information where electronic or electrical products would be classified and that it would be indicated on their packaging.
“The Repairability Index consists of a classification of electrical and electronic devices on a scale of zero to ten points that are awarded based on five objective criteria. To calculate the index, the documentation provided by the manufacturer for the repair and the ease of disassembling the product will be taken into account. It will also add to the calculation the availability of spare parts, the relationship between the price of spare parts and the original product, as well as other specific criteria depending on the AEE category (assistance and ease of software restart)” they explain. from the website of the Government of Spain.
How would it be? Each scale is expected to have a maximum of twenty points and will be calculated how much does a device have adding all of them and dividing the result by ten. It will be the manufacturers or importers themselves who will have the obligation to follow the parameters and calculate it to later make it clear, although there will be authorities that check that their labeling is correct.