DECO has been very critical of this amendment which the association considers being not ambitious, without bringing any important changes for consumers. DECO also believes that this does not incentivise the market to contribute to the production of more durable goods and combat premature obsolescence.
On the other hand, the solutions available to the consumer in the event of a defect are more limited in the first instance, as the consumer can only choose between repair or replacement. The possibility of price reduction and termination of the contract will only be a possibility under certain circumstances, namely if the repair has not been carried out or if the defect reappears.
1. Additional warranty period for repaired goods
In case of repair, the repaired goods will benefit from an additional warranty period of six months for each repair up to a maximum of four repairs, and the professional must inform the consumer of this information.
2. Right to reject
In cases where the defect becomes visible within 30 days of delivery of the good, the consumer may now request immediate replacement or rescission of the contract.
3. Digital content and services
Rules on the supply of digital content and services were introduced, providing for the consumer's right to terminate the contract in case of non-delivery and in accordance with certain rules, as well as in case of lack of conformity.
In case of non-compliance of digital content and services, such as software, applications, video, audio, music, digital games or e-books, among others, the consumer will have the right to claim conformity, price reduction or termination of the contract, under the defined terms.
For contracts providing for a single act of delivery or a series of individual acts of delivery of digital content or services, the company will be liable for lack of conformity within two years from the date of delivery. This would be a single act of supply, for instance, if consumers download an e-book and store it on their personal device and a series of individual acts of supply, for instance, if consumers receive a link to download a new e-book periodically.
In contracts where continuous supply is stipulated for a certain period (for example, a cloud storage contract for a certain period), the company will be liable for any compliance failures that arise during the term of the contract.
Paula Martins is a fully qualified journalist, who finds writing a means of self-expression. She studied Journalism and Communication at University of Coimbra and recently Law in the Algarve. Press card: 8252