Q: I have recently bought a gaming console from a local shop and when I asked about the warranty, I was informed that it is of one year in duration. I told him it was supposed to be two years but he insisted that it is one year. Who is right please?

A: Commercial guarantees are voluntary, and sellers are free to offer the type of commercial guarantee they deem fit. However, consumer legislation stipulates that commercial guarantees should place consumers in a more advantageous position than that established at law, and must not adversely affect consumers’ legal rights. In fact, consumers’ purchases are legally protected for two years. During this time, consumers may claim a free remedy from sellers if the product purchased does not conform with the sales contract, such as if the product is not fit for its purpose or is not of the expected quality.

The legal remedies provided by the Consumer Affairs Act are free repair or replacement. If neither of these two remedies are possible, or if opted for may cause a significant inconvenience to consumers, then the latter may claim a part or full refund. However, if the product’s defect is caused by some kind of misuse or normal wear and tear, then the legal right to a free remedy does not apply.

Concerning goods purchased before January 1, 2022, any lack of conformity that becomes apparent within six months of delivery of the goods is presumed to have existed at the time of delivery, where this presumption is broadly compatible with the nature of the goods or the nature of the lack of conformity. For goods bought after January 1, 2022, the time period of the burden of proof on the trader is extended to one year.

Want to submit your own query? Write to the MCCAA.