Άλλο υλικό

  • Άλλο υλικό
    • Κράτος μέλος: Ελλάδα
    • Τίτλος: Legal and commercial guarantee (the original document is in English)
    • Έκδοση: General Directorate for Consumer Protection & Market Surveillance
    • URL: http://www.efpolis.gr/el/library2.html?func=fileinfo&id=365
    • Λέξεις-κλειδιά: commercial guarantee, disproportionate remedy, guarantee, information requirements, legal rights
    • PDF:
  • Άρθρα της οδηγίας
    Consumer Sales and Guarantees Directive, Article 3, 2. , Consumer Sales and Guarantees Directive, Article 3, 3. , Consumer Sales and Guarantees Directive, Article 3, 3. , Consumer Sales and Guarantees Directive, Article 5, 1. , Consumer Sales and Guarantees Directive, Article 5, 3. , Consumer Sales and Guarantees Directive, Article 6 , 1. , Consumer Sales and Guarantees Directive, Article 6 , 2. , Consumer Sales and Guarantees Directive, Article 6 , 2., - , Consumer Sales and Guarantees Directive, Article 6 , 2., - , Consumer Sales and Guarantees Directive, Article 6 , 3.
  • Περίληψη
    Legal guarantee is mandatory and has a duration of two years both for new and second-hand goods. The seller is liable in case of defective products and the consumer must act within a reasonable period after the defect has appeared but there is no specific deadline other than the lawful limitation period of 2 years from the delivery of the goods. If the defect appears during the first 6 months, it’s the seller who bears the burden to prove that the item was not defective. In any case a consumer can ask an independent expert’s opinion in order to prove the existence of the defect at his/her own expense. Furthermore, the consumer may choose to ask for the repair or the replacement of the product or the reduction of the purchase price or to get a refund (unless it is disproportionate to the extent of the defect). The seller or the person who repairs must implement a solution within a reasonable period and without significant inconvenience to the consumer. In addition, a guarantee can be also provided to the consumer. The seller has to provide the commercial guarantee in a written form or in a durable and accessible format; this should include a minimum content that includes the company details, the product concerned, the duration of the warranty, the specific provisions, the geographical coverage and a reminder of the lawful guarantee.


  • Γενική σημείωση
  • Πλήρες κείμενο
    Greece
    LEGAL GUARANTEE
    Νόμιμη εγγύηση in Greek

    Every consumer purchase is covered by a mandatory
    legal guarantee. No seller can claim otherwise.

    What is the duration of this legal guarantee for new
    and second-hand goods?
    The duration is 2 years for new and second-hand goods.

    If the product is defective, who is responsible for
    putting things right?
    The seller, even for purchases made on an Internet platform. However, the
    platform may have agreed to act as an intermediary so read the terms and
    conditions.

    By when must the consumer notify the seller of any
    defects?
    The consumer must act within a reasonable period of noticing the defect but
    there is no specific deadline other than the legal prescription period of 2 years
    from delivery of the goods.

    Who has to prove the presence/absence of a defect and
    how long do they have to do this?

    During the first 6 months the seller must prove that the item was not defective
    (“reversal of burden of proof”). After that, the consumer must prove that it was.

    Is there a third party testing body to assist the
    consumer with providing proof?
    At his/her own expense, a consumer can ask an independent expert for an opinion
    in order to prove the existence of the defect.

    What remedies is the consumer entitled to free of
    charge? Is there a deadline for implementing the
    solution?
    There is no hierarchy of remedies. The consumer can choose repair, replacement
    of the product, reduction of the purchase price or refund,
    unless it is disproportionate to the extent of the defect. The seller or repairer
    must implement a solution within a justifiable period and without
    significant inconvenience to the consumer.


    Is the repaired/replaced product covered by a new
    guarantee?
    If the product has been repaired or replaced a new 2-year legal guarantee
    comes into force, as long as the seller made the repair or replacement under
    the original legal guarantee and not “out of goodwill”.

    Can the consumer take action against the importer
    or any intermediary in the supply chain up to and
    including the producer?
    Only if the importer or producer offers their own commercial warranty.

    If no amicable solution can be found, what is the
    deadline for taking the case to court?
    The prescription period is 2 years from the delivery of the good, unless there
    is a suspension of the statutory limitation period.

    Are any other legal guarantees laid down in national
    law coexisting with the legal conformity guarantee?
    Yes. There is a 5-year legal guarantee for immovable property defects.


    COMMERCIAL WARRANTY
    A trader is free to offer a commercial warranty and to fix
    the conditions. This does not influence the legal guarantee.

    Who is responsible for application of the warranty?
    The party offering the warranty, be it the seller, the producer or a third
    party guarantor. Always refer to the documentation provided.

    What is the average duration of a commercial warranty?
    Usually 2 years, as with the legal guarantee.
    Not necessarily. The trader can fix the conditions, so it can be free of charge
    or offered against payment.

    Is it free of charge?
    Does it have to be confirmed in writing?
    The seller has to provide the commercial warranty in a written document or
    in a durable and accessible format. The seller has to provide the commercial
    warranty in a written document or in a durable and accessible format.

    What information is required?
    Company details, the product concerned, duration, specific provisions, geographical
    coverage and a reminder of the legal guarantee.

    COMMERCIAL WARRANTY
    νόμιμη εγγύηση in Greek
    This publication is part of the action 670505 — ECC-Net FR FPA which has received funding under a grant for an ECC action from the European Union’s Consumer Progamme (2014-2020). The content of this publication represents the views of the author only and it is his/her sole responsibility; it cannot be considered to reflect the views of the European Commission
    and/or the Consumers, Health, Agriculture and Food Executive Agency or any other body of the European Union. The Euopean Commission and the Agency do not accept any responsibility for use that may be made of the information it contains.Αθ

    The information provided in this fact sheet is not complete
    in all points but rather a summary based on the information
    provided by each ECC.