Q: A year-and-a-half ago I bought a shop-soiled top-loading washing machine from a local seller. This was delivered without original packaging but I was assured that it was unused and new. The seller gave me a one-year commercial guarantee on all working parts and labour.

The washing machine has stopped working. I reported the problem to the seller and the technician concluded that the fault was in the gear box and has to take it to the shop to fix it. I was asked to pay €20 for his visit, which I refused to pay as I am aware that by law the washing machinge is guaranteed for two years. I also informed him that I expected the washing machine to be fixed at no extra cost. I then contacted the seller and made the same request. However, the seller is not committing to fixing it for free.

Am I right in insisting that the repair is done free of charge? The washing machine was bought as new, but without the original packaging.

A: Products consumers purchase are protected by a two-year legal guarantee. The commercial guarantee the seller gives is an additional guarantee and therefore does not replace the legal protection.

Hence, if a problem arises within the first two years from the date of purchase and such a problem is not the result of misuse or normal wear and tear, the consumer is entitled to free repair.

Therefore the seller should not ask you to pay for any repairs done. This applies even though you purchased the washing machine without the original packaging. You are also entitled to a brand new replacement or refund if the seller cannot repair the washing machine or if defects keep cropping up after a number of repairs.