Although over the years we have featured many articles on this issue, we still receive many queries on it. Indeed, I have no doubt we will continue receiving queries on guarantees.

I have received this question from Vanya Aquilina: 'Can you clarify the difference between the legal guarantee and the commercial guarantee?'

First of all, the legal guarantee (LG) is obligatory and its validity period is two years. It protects the consumer against a lack of conformity and/or a latent defect.

Simply put, a lack of conformity means that the item does not perform as it is supposed to. A latent defect is a defect which cannot be seen when the respective item is bought and it comes to light after the item is purchased.

Unlike the legal guarantee, the commercial guarantee (CG) is not obligatory. Its validity period and conditions are determined by the trader. Basically it is up to the traders to choose what conditions they want to offer.

In this context, with a particular focus on the CG, the problem is that there are traders who offer a CG valid for six months and they mislead consumers into believing that the CG is the only guarantee, 'valid for six months'.

However the truth is that when the commercial guarantee expires after six months, the legal guarantee is still valid for another year and a half. Another important aspect that many consumers find confusing is the issue of conformity.

Conformity means that the item functions as it is supposed to. Indeed a very important issue about function states that if a lack of conformity is detected within the first six months after delivery, it is presumed to have existed at the time of delivery unless proven otherwise. Therefore the trader bears the responsibility to prove otherwise.

Unfortunately there are too many traders who conveniently choose to misinterpret this issue and confuse consumers. They take advantage of the confusing scenario by misinterpreting the six months issue whereby they inform consumers that, after six months, they are no longer liable. I stress that after six months, they are still liable for another year and a half.