You bought a washing machine, and after a few months it no longer drains the water. The store tells you to contact the service department, while you would prefer to have the product replaced. In such a hypothetical situation, the solution depends on the nature of the problem and the rules applicable to the warranty, not just on the preference of one of the parties.
Legal guarantee and commercial guarantee
The legal guarantee of conformity concerns the seller’s responsibility for the non-conformity of the good, under the law. The commercial guarantee is an additional commitment, the conditions of which must be read in the certificate received or in the information provided at the time of purchase.
The distinction matters if, for example, a producer promises additional benefits for a longer period. Check who made the promise, what it covers, and how it can be used.
Article 11 of GEO no. 140/2021 regulates corrective measures for non-compliance: bringing the good into conformity, a proportional reduction of the price or termination of the contract, under the conditions provided by law.
Repair or replacement?
To bring the good into conformity, the consumer may choose between repair and replacement, with the exceptions provided by law, including when the chosen measure is impossible or disproportionate to the other option. Therefore, a request for replacement must be analyzed in relation to the product’s situation; it is not sufficient for the store to simply state that it only offers repairs.
Article 12 of GEO no. 140/2021 provides for repair or replacement at no cost, within a reasonable period that cannot exceed 15 calendar days from the information being provided to the seller, determined by mutual agreement in writing, without significant inconveniences for the consumer.
When you deliver the product, request a document describing the problem, the date of delivery, and the accessories left at the service center. If the malfunction is intermittent, explain the conditions under which it occurs and, if possible, keep a video recording.
When you can discuss the price reduction or refund
If the problem is not resolved or reappears, you can, under the law, analyze the reduction of the price or the termination of the contract. The refund of the price is not automatic for any defect: the severity of the non-compliance and the measures taken previously also count.
Request in writing the result of the checks and the reason for any refusal. If you do not reach a solution, you can analyze the formulation of a complaint with the National Authority for Consumer Protection.
Evidence and mistakes to avoid
Keep the receipt or invoice, the order, the proof of payment, the warranty certificate, and the documents for submitting the product to the service center. The photos, recordings, and messages exchanged with the seller can help describe the problem.
Do not confuse the claim for a non-compliant product with the right of withdrawal applicable to certain contracts concluded remotely. These are different mechanisms with different conditions. Avoid unauthorized interventions before documenting the defect.
Frequently asked questions
Can I request the replacement directly, without first requesting the repair? You can formulate this option, but its application depends on legal conditions, including the possibility and proportionality of the measure.
If I no longer have the original packaging, can I report the problem? The lack of the box alone does not explain whether the item is compliant or not. However, keep the purchase documents and describe the defect.
A legal consultation can help evaluate the documents and the appropriate remedy for your situation.
Legal references: Ordinance no. 140/2021, articles 11–14.
To analyze your situation, contact the Bucharest law firm: 0732 710 701 or vreau@avocatbucuresti.ro.
