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:
Second principle : The consumer goods are guaranteed for a period of two years from its issue.
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:
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:
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.
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.).
There are two types of warranties: a mandatory warranty of 2 years commercial warranty (also called contractual warranty) freely granted by the seller:
When available, the commercial guarantee must indicate:
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:
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:
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.