Legal Warranty of Conformity of Goods

EXPLANATORY NOTE ON THE CONDITIONS FOR REQUESTING/OBTAINING REMEDIES UNDER THE LEGAL WARRANTY

Who is entitled to request the application of the legal warranty under the Consumer Code?

Only consumers - that is, individuals who have purchased a product for use not related to a commercial, entrepreneurial, or professional activity - can benefit from the legal warranty. Therefore, invoices bearing the VAT number of a business or professional do not grant rights under the legal warranty.

How/when can one request the application of the remedies of the legal warranty?

Under the Consumer Code, a consumer can request the seller of a product to apply the remedies of the legal warranty for conformity defects that have manifested within 24 months following the delivery of the product. The consumer must report the defect within 2 months of discovery.
Consumers can request the application of the remedies of the legal warranty provided they have proof of purchase (e.g., receipt) of the product. It is therefore important to always keep the receipt related to the purchase of the product.

What is a conformity defect?

According to Article 129 of the Consumer Code, a product has a conformity defect if it is not suitable for the use for which products of the same type are normally intended, if it does not conform to the seller's description in terms of quality or performance, or if it does not possess the usual qualities and performance of a good of the same type that the consumer can reasonably expect, taking into account the nature of the product.