Q: A year and three months ago I bought a smartphone from a local seller. A few days ago I started encountering problems with it and was thinking of returning it to the seller to have it fixed. The problem is that on the warranty card provided on the date of purchase, there is written that I only have a one-year warranty.

I would like to know if this policy is in line with EU regulations?

A: The warranty you are referring to is the commercial guarantee, which sellers voluntarily give to consumers when they sell certain products, such as electric and electronic goods. Besides this voluntary guarantee, which period of time can vary from a few months to a number of years, depending on the seller and the goods sold, the goods consumers purchase are also protected by the legal guarantee.

The legal guarantee is valid for two years from the date the goods purchased are delivered to consumers. This guarantee is not given to consumers written on a piece of paper by the seller but it is written in the Consumer Affairs Act and applies automatically every time a consumer purchases a product. Hence, in your case, the smartphone purchased one year and three months ago is still covered by the two-year legal guarantee.

To  claim a free remedy under the legal guarantee, the product’s defect must not have been caused by the consumer and must not be the result of normal wear and tear. If this is your case, then legally you can request free repair from the seller even though the guarantee he has given you has now expired.

All you need in order to claim a free remedy is proof of purchase.