European Union legislation is set to provide uniform rights to shoppers, surrounding the return of faulty goods.
The European Parliament has approved legislation that will see the rights of shoppers standardise across the European Union. At present, different rules for the return of faulty goods apply throughout the different member statues, as well as divergences on how long your rights apply, and your entitlement to repair or replacement.
The new rules, which will be negotiated between MEPs and the European Council, will create a uniform policy for purchases both online and offline. When returning faulty goods, customers in all 27 countries will now be entitled to the choice of repair or replacement. Furthermore, when the repair provided is unsatisfactory, the new rules will provide the choice of price reduction or reimbursement.
Customers will also now enjoy a grace period of one year after delivery or purchase, as opposed to having to prove that faulty goods were faulty at the time of purchase or delivery. This means that were a consumer to buy a printer in a local office supplies store, they would have twelve months to seek repair or replacement, free of charge, and wouldn’t be required to show it was faulty when bought.
The trader may remain liable if a defect appears within two years of purchase, although when into the second year, the consumer may be called upon to prove the defect is not their responsibility.
The new proposal’s author, Pascal Arimont MEP, explained the new rules: “When I buy a mobile phone, the same rules apply whether I buy it in a store or via a platform online. More important is the burden of proof, when it is up to the consumer to provide the evidence: “Am I responsible for the defective product, or is the product itself defective from the start?”
He added that the new rules provide legal certainty for all varieties of seller. “They ensure a level-playing field for businesses, by giving them more legal certainty and confidence to engage in cross-border sales. By tearing down legal barriers, we support our very small companies in particular, allowing them to get their fair share of e-commerce next to giants such as Amazon.”
The rules will apply to all tangible – i.e., not digital – goods; digital goods are to be covered under new rules introduced in November last year, which are currently being negotiated.
