Can clients ask for a new commercial guarantee?
Q: A few days after I bought a blender, it broke down. I immediately took it back to the shop I bought it from and the seller replaced it. When I went home and checked the new blender, I found it had the same fault as the previous one.
Once again I went back to the shop with the defective blender. The seller took it back without any problem. This time I asked for a blender of a different brand and the seller accepted my request.
However, the seller refused to issue a new guarantee for the replaced blender. Am I entitled to a new commercial guarantee?
A: When a product is defective and is replaced, even though the replacement involves a different brand, the original commercial guarantee continues.
In other words, the seller is not obliged to issue a new guarantee. If, at any point, you were deprived of the use of the blender, the amount of time you were without the blender should be added to the original expiry date of the guarantee.
In your case, since you had already accepted the replacement, and the replaced blender was also defective, you could have legally asked for a cash refund.
However, since you accepted the replacement, as long as the replaced blender works properly, you cannot change your mind and ask for your money back.