Defective Christmas gifts: how to get reimbursement?
To remember : 🎁 To obtain the reimbursement of a defective Christmas present, 3 solutions: |
Play the legal guarantee of conformity
📝 When the gifts delivered is damaged, the consumer has the possibility of playing the legal guarantee of conformity.
This warranty applies to all existing compliance defects already on the date of delivery of the product (1) but also to defects that can appear later (2).
Good to know : When the defect appears within 6 months (for a used property) or within 2 years (for a new property) depending on the date of purchase, it is presumed to exist at the time of the delivery of the property. |
In the event of a lack of compliance, two possibilities are available to the buyer (3).Indeed, you can choose between repairing or replacing the product purchased.
If the repair and replacement of the property are impossible, you can either (4):
It will be the same if the requested, proposed or agreed solution cannot be implemented within one month of your complaint or if this solution cannot be without major inconvenience given the nature of the property andThe sought -after use.
🚫 The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
Do you want to refund a defective or non -compliant product by playing the legal guarantee of compliance?
Write a refund request
Apply the legal guarantee of hidden defects
📝 The guarantee of hidden defects protects you from the hidden defects of the product (5).It applies that the seller is or not a professional.
You can play this warranty up to 5 years after the date of purchase.
To play this warranty, the defect must meet the following conditions:
⏳ If these conditions are met, you have a period of 2 years from the discovery of the hidden defect to implement this warranty.
If you decide to implement the legal guarantee of hidden defects, you then have two options (6):
Les conséquences pour le vendeur seront alors différentes selon qu'il avait connaissance ou non du vice caché.Indeed, if the seller was aware of the hidden defect but did not inform you during the purchase, it is required to return the price he received from it, but also of all the damages relating to it (7).However, if the seller was unaware of the vices of the product sold, it will only be required to return the price and reimbursement of the costs caused by the sale (8).
Good to know : It is up to you that it is up to prove the existence of a hidden defect.This proof can be provided by means of repair quotes or even an amicable expertise carried out by an approved expert with the courts. |
Do you want to refund a defective or non -compliant product by playing the legal warranty of hidden defects?
Write a refund request
Use the commercial guarantee
📝 The purpose of the commercial guarantee is to complete the compulsory legal guarantees (9).
Unlike the two guarantees mentioned above, the commercial guarantee is optional.
It is often known as "contractual guarantee", "manufacturer's warranty" or "warranty extension".
This guarantee can be free or paid.
Its methods of application and content are freely defined by the professional seller or the manufacturer.This is why, it is recommended to take note of it before any complaint.
📌 Examples:
The commercial warranty may provide that only the parts will be guaranteed but not the workforce or even exclude certain parts of the warranty product, or even certain breakdowns.
Good to know : When the buyer requests the seller for the commercial warranty, a repair covered by the warranty, any immobilization period of at least 7 days is added to the duration of the warranty which remained to run. |
The seller refuses to apply the commercial warranty on the product you bought while however all the conditions ready for it.Do you want to put it in notice to execute the commercial guarantee?
Write a formal notice
🎁 Your Christmas present is not delivered on time?This article could interest you: late Christmas gifts, what remedies?
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