Guarantee

The law provides for the private consumer legal protection in the event of non-compliance of a consumer good purchased from a seller for a period of two years from delivery of the goods.

This page is adapted from the article published on the Belgian government website of FPS Economy, SMEs, Self-Employed and Energy. You can view the original document on this website: http://economie.fgov.be

The seller of a product DAVIDT'S (person or entity) provides this legal guarantee to the private consumer.

First principle: the consumer goods must meet the notion of contract compliance. The property sold is compliant if:

• It corresponds to the description given by the seller and possesses the qualities of the sample or model shown to the consumer;
  example, if you sold a suitcase 60cm, the bag must have this dimension.
• It allows the consumer specifically described at the time of conclusion of the contract and the seller agreed to use;
  Example: if a consumer asks a suitcase 4 wheels, the bag must be equipped with this function.
• It is suitable for the purpose for which the goods usually are of the same type;
  Example: the case must carry personal effects and be transported by means of a handle, etc.
• It has the quality and performance which are normal for many of the same type that the consumer can reasonably be expected depending on the nature of the property or on the basis of features that are mentioned in advertising or on labelling.
  Example: the suitcase advertising touted as "the lightest of the market" must possess this quality significantly compared to other brands. If the property does not meet any of these conditions, there is non-compliance and non-compliance with the contract.

Second principle : The consumer goods are guaranteed for a period of two years from its issue.

• Any non-compliance identified in the first 6 months after delivery of the goods is presumed to exist since the delivery of the goods. The seller must prove otherwise if not agreed.
• After the first six months, if challenged by the seller of non-conformity, the consumer will be required to prove that the lack of conformity existed at the time of delivery of the goods.

Third principle is that the seller be liable to the consumer for any lack of conformity.

Example: one of the wheels of the suitcase that your customer has to buy is broken. In case of repair, it is your responsibility to return the bag and send it yourself from the manufacturer or a service centre.

The obligation of warranty of 2 years based on the product vendor and not the manufacturer. The seller therefore cannot ask the consumer to go directly to the manufacturer or to a repair centre.

Fourth principe, the law gives the consumer the different modes of remediation of non-compliance of the consumer:

• In a first time, the repair or replacement;
• In a second time, an appropriate reduction of the price or rescission of the sale, subject to certain conditions.

1.1. What is the legal guarantee?

When the consumer goods has proved a lack of conformity (indisputable) within 2 years from the date of delivery to the consumer, the legal guarantee allows the consumer to obtain:

• The repair or replacement of the product, the seller's expense, unless this is impossible or disproportionate. This requirement (repair or replacement) should be reasonable taking into account, for example, the property value or importance of the defect;
  Example: A seller may refuse to replace a towel with the lock gave way and offer to replace the single lock.

Replacing the towel in case of failure of one lock seems disproportionate effect. It is too high compared to the repair cost to the seller.
 

• A reduction of the price or the contract rescinded (refund of the purchase price), if repair or replacement is impossible or disproportionate, or cannot be performed within a reasonable time and without significant inconvenience to the consumer. In case of refund, the seller may consider the use the consumer has had the property since its issuance. Termination of the contract is not awarded in minor cases.

1.2. How long does the legal guarantee?

The legal warranty covers the consumer goods for a period of two years from delivery of the goods to the consumer.

Defects that become apparent within the first 6 months after delivery of the goods is presumed to exist at the time of delivery of the goods.

After this time, the consumer will be required to prove that the non-compliance existed at the time of delivery of the goods.

The 2-year period is extended by the time necessary for compliance of the defective goods (repair, exchange, etc.).

1.3. What is the difference between the legal guarantee and the commercial guarantee?

There are two types of warranties: a mandatory warranty of 2 years commercial warranty (also called contractual warranty) freely granted by the seller:

• The consumer is automatically entitled to the legal guarantee vis-à-vis the final seller from whom you acquired the property. It should not be negotiated by the consumer. The seller cannot limit this warranty;
• The commercial guarantee may be granted by the final seller or by the importer or manufacturer. It cannot reduce the legal guarantee of the final consumer, but it must provide one or more advantages over the legal guarantee (eg, extend the warranty period beyond two years or to provide the consumer with a replacement product for repair).

When available, the commercial guarantee must indicate:

• That the consumer has legal rights (legal warranty) and that these rights are not affected by the commercial guarantee. The consumer may still require two years from the seller respect the legal warranty even if the commercial guarantee does not mention legal rights consumer;
• The elements necessary to achieve the commercial guarantee (duration, territorial, name and address of the guarantor range). 

1.4. What will happen after two years of legal guarantee?

After the two years covered by the legal guarantee, these are the rules relating to the guarantee for hidden defects that are again applicable (Art. 1641 to 1649 of the Civil Code).

In this case, the buyer:

• Is required to prove the existence of a defect in the product use. This defect must be hidden, and significant prior to sale;
• Can only claim a price reduction or resolution (termination, cancellation) of the contract of sale.

1.5. Who is ultimately responsible when a product does not comply?

This is the final seller who must answer the lack of conformity of the consumer goods purchased by the consumer. The seller is also responsible for:

• The improper installation of a consumer when the installation is part of the sales contract (eg buying a stroller market rise by the seller)
• The improper installation of a consumer by the consumer due to erroneous instructions (eg Buggy market sold as spare parts to assemble yourself: bag trolley-wheels). These poor facilities are treated as non-compliance.

1.6. What are the obligations of the buyer to qualify for the statutory warranty?

Once the consumer finds the non-conformity of the goods, he must inform the seller as soon as possible and in any case within the time agreed with him (preferably in writing in the contract, this for an evidentiary).

The law does not specify a period to indicate a fault. However, under the law, the period within which the consumer must report the existence of a lack of conformity to the seller, cannot be less than two months after discovery of the defect by the consumer.