Guarantee period query?

Q: Just over a year ago, I purchased a game console for my son and recently it has developed a fault which renders the game useless.

When I bought the console, I was given a one-year guarantee by the company who sold it to me. The company has now offered me the possibility of buying a brand new console for half the price, but if I accept this offer I would only be given a six-month guarantee, unless I pay an additional €25 to have this guarantee extended to one year.

I was under the impression that the legal minimum guarantee period was two years? What are my legal rights in this situation?

A: The guarantee a company offers is the commercial guarantee and not the legal guarantee. The commercial guarantee is given voluntarily and hence can be given for any length of time that the trader or retailer deems fit.

Hence, there is nothing illegal when a trader offers commercial guarantees that are shorter than two years.

The two-year legal protection mentioned in your query is the legal protection the Consumer Affairs Act gives to consumers when goods purchased are not in conformity with the contract of sale.

When a product does not function as it is meant to, it is considered as non-conforming and therefore redress may be sought.

The types of remedies consumers are entitled to under this legislation is free repair or replacement, and when neither of these two remedies is possible, we may then opt for part or full refund.

The time-limit for claiming these remedies is two years from delivery of the product purchased. However, since over six months have passed from when the console developed the fault, it needs to be proved that the defect was latent.

My advice in this situation is to first complain to the trader and request one of the two legal remedies. At this point, you may need to remind the trader that, legally, you are still covered by law for any latent defects since the console game has been purchased only 15 months ago (less than two years).

If you do not manage to obtain an amicable solution, you may then file a complaint with the Consumer and Competition Department by calling freephone 8007 4400.