E-COMMERCE (PRODUCTS)

GENERAL TERMS AND CONDITIONS OF CONTRACT

Introduction

This contractual document shall govern the General Terms and Conditions for the purchase of products (hereinafter, the "Conditions") through the website https://mhoss.es/, owned by VANESA SÁNCHEZ RODRÍGUEZ under the trade name MHOSS (hereinafter, the SUPPLIER), whose contact details also appear in the Legal Notice of this website. These Conditions will remain published on the website, available to the USER to reproduce and save as confirmation of the contract, and may be modified at any time by the SUPPLIER. It is the USER's responsibility to read them periodically, as those in force at the time of placing orders shall apply. Contracts shall not be subject to any formality except in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws. Acceptance of this document entails that the USER:

• Has read, understands and comprehends what is set out herein.
• Is a person with sufficient capacity to enter into a contract.
• Assumes all the obligations set out herein.

These conditions shall have an indefinite period of validity and shall be applicable to all purchases made through the SUPPLIER's website. The SUPPLIER states that the business is responsible and is aware of the legislation in force in the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.

Identity of the contracting parties

On the one hand, the SUPPLIER of the products purchased by the USER is VANESA SÁNCHEZ RODRÍGUEZ, with registered office at CALLE FRUELA, 2 – 33007 OVIEDO (Asturias), Tax ID (NIF) 71644785S and with a customer/USER service telephone number of 695611671. And on the other, the USER, registered on the website by means of a username and password, over which they have full responsibility for use and safekeeping, and who is responsible for the truthfulness of the personal data provided to the SUPPLIER.

Purpose of the contract

The purpose of this contract is to regulate the contractual sale relationship arising between the SUPPLIER and the USER at the moment the latter accepts the corresponding checkbox during the online purchasing process. The contractual sale relationship entails the delivery, in exchange for a specific price publicly displayed through the website, of a specific product.

Purchasing procedure

In order to access the products or services offered by the SUPPLIER, the USER must be of legal age and register through the website by creating a user account. To this end, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Act 3/2018, of 5 December (LOPDGDD), on the protection of personal data, and as detailed in the Legal Notice and the Privacy Policy of this website.

The USER will select a username and a password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the SUPPLIER of their loss or theft or of possible access by an unauthorised third party, so that the latter may proceed to block them immediately. Once the user account has been created, please note that, in accordance with the requirements of Article 27 of Act 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the purchasing procedure will follow the steps below: 1. General terms of contract. 2. Shipping and delivery of orders. 3. Right of withdrawal. 4. Complaints and online dispute resolution. 5. Force majeure. 6. Jurisdiction. 7. General terms of the offer. 8. Price and validity period of the offer. 9. Transport costs. 10. Payment method, charges and discounts. 11. Purchasing process. 12. Severability and suspension or termination of the contract. 13. Warranties and returns. 14. Applicable law and jurisdiction.

1. GENERAL TERMS OF CONTRACT

Unless otherwise stipulated in writing, placing an order with the SUPPLIER shall constitute the USER's acceptance of these legal conditions. No stipulation made by the USER may differ from those of the SUPPLIER if it has not been expressly accepted in advance and in writing by the SUPPLIER.

2. SHIPPING AND DELIVERY OF ORDERS

The SUPPLIER will not ship any order until it has verified that payment has been made. Shipments of goods will usually be made by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER. The delivery period will be between 2 and 15 working days, depending on the destination town/city and the payment method chosen. This period is understood to apply provided that the availability of the goods has been confirmed and full payment of the order has been verified.

Failure to perform the distance contract

Should it prove impossible to perform the contract because the product or service purchased is not available within the anticipated period, the USER will be informed of the lack of availability and that they will be entitled to cancel the order and receive a refund of the full amount paid at no cost, without this giving rise to any liability for damages attributable to the SUPPLIER. In the event of unjustified delay by the SUPPLIER regarding the refund of the full amount, the USER may claim payment of double the amount owed, without prejudice to their right to be compensated for the damages suffered in excess of that amount. The SUPPLIER will assume no liability where delivery of the product or service does not take place because the data provided by the USER is false, inaccurate or incomplete.

Delivery will be deemed to have been made at the moment the carrier has made the products available to the USER and the latter, or their representative, has signed the delivery receipt document. It is the USER's responsibility to check the products upon receipt and to set out all reservations and complaints that may be justified in the delivery receipt document. In the event that the purchase does not entail the physical delivery of any product, but rather the activation of a download on a website, the SUPPLIER will inform the USER in advance regarding the procedure to be followed to carry out this download.

3. RIGHT OF WITHDRAWAL

Withdrawal form:

Right-of-Withdrawal-MHOSS Download

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sale contract in the case of the provision of a service, to exercise the right of withdrawal. If the SUPPLIER fails to comply with the duty of information and documentation regarding the right of withdrawal, the period for exercising it will end twelve months after the date of expiry of the initial withdrawal period (Article 71 of Act 3/2014, of 27 March). The right of withdrawal may not be applied in the following cases:

1. If the product is not presented in perfect condition.
2. When the product's packaging is not the original packaging or is not in perfect condition, the SUPPLIER may charge the cost of the packaging. The original packaging must protect the product so that it is received in perfect condition, the use of seals and adhesive tape applied directly to it being prohibited in order to avoid the costs of its replacement.
3. When the product has been opened without it being possible to prove that it has not been used.
4. In the case of software applications that are directly downloaded through the portal or unsealed by the USER after their physical delivery.
5. When they are personalised products or those which, for reasons of hygiene or other exceptions legally provided for in Article 103 of Act 3/2014, of 27 March.
6. In the supply of products whose price depends on fluctuations in the financial market that the SUPPLIER cannot control and which may occur during the withdrawal period.
7. In the supply of products made to the USER's specifications or clearly personalised.
8. In the supply of products that may deteriorate or expire rapidly.
9. The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
10. The supply of goods which, after delivery and taking into account their nature, have been inseparably mixed with other goods.
11. Contracts in which the consumer and user has specifically requested the trader to visit them to carry out urgent repair or maintenance operations; during that visit, the trader provides services additional to those specifically requested by the consumer or supplies goods other than the replacement parts necessarily used to carry out the maintenance or repair operations. Withdrawal must apply to those additional services or goods.

Any return must be notified to the SUPPLIER by requesting a return number by means of the form provided for this purpose, or by e-mail to hola@mhoss.es, indicating the corresponding invoice or order number. In the event that the return is not made with the original delivery packaging, the SUPPLIER may charge the cost of it to the USER, informing them beforehand through the same communication channel used. Once the USER has received the return number, they will send the product to the SUPPLIER, indicating this number on the delivery note, with transport costs at their own expense, to the address of VANESA SÁNCHEZ RODRÍGUEZ, CALLE FRUELA, 2 – 33007 OVIEDO (Asturias).

4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any complaint the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact details: Postal: VANESA SÁNCHEZ RODRÍGUEZ, CALLE FRUELA, 2 – 33007 OVIEDO (Asturias). Telephone: 695611671. E-mail: hola@mhoss.es

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for the online resolution of disputes between the USER and the SUPPLIER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will engage in dialogue with both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute. Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties will not incur any liability for any failure due to force majeure. Performance of the obligation will be delayed until the force majeure event ceases.

6. JURISDICTION

The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale. If any stipulation of these conditions is deemed void or impossible to perform, the validity, legality and performance of the rest will not be affected in any way, nor will they undergo any modification. The USER declares that they have read, are aware of and accept these Conditions in their entirety.

7. GENERAL TERMS OF THE OFFER

All sales and deliveries made by the SUPPLIER will be understood to be subject to these Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of VANESA SÁNCHEZ RODRÍGUEZ or to what is stipulated herein will take effect, except by express written agreement signed by the SUPPLIER, in which case these particular agreements will prevail. Given the continuous technical advances and product improvements, the SUPPLIER reserves the right to modify their specifications with respect to the information provided in their advertising, provided this does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, wrapping, shipment insurance or any other additional services ancillary to the product purchased.

The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER acknowledges that the economic valuation of some of the products may vary in real time. Before making the purchase, the USER will be able to check all the details of the quotation online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order has not been placed. Once the order has been placed, prices will be maintained whether or not the products are available.

Any payment made to the SUPPLIER entails the issuing of an invoice in the name of the registered USER or of the company name that the USER has provided at the time of placing the order. This invoice will be sent in paper format together with the product purchased. The invoice can be downloaded in PDF format by accessing the website's management panel with the user account. Should the USER wish to receive it by e-mail, they must request this by any of the means the SUPPLIER makes available, and they are informed that they may revoke this decision at any time.

For any information about the order, the USER may make contact through the SUPPLIER's customer service telephone number 984 00 50 78 or by e-mail to the address hola@mhoss.es.

9. TRANSPORT COSTS

The prices published in the store do not include shipping or communication costs, nor installation or unloading, or complementary services, unless otherwise expressly agreed in writing.

Carriage costs will be calculated at the moment of saving the basket or quotation, as they are calculated based on the weight of the products and the delivery address.

The maximum transport rate (VAT included) applied is as follows:

Mainland up to 2 kg: ………. € (Depending on the carrier chosen) Mainland > 2 kg up to 10 kg: ………. € (Depending on the carrier chosen) Mainland > 10 kg: ………. € (Depending on the carrier chosen) Outside the mainland up to 2 kg: ………. € (Depending on the carrier chosen) Outside the mainland > 2 kg up to 10 kg: ………. € (Depending on the carrier chosen) Outside the mainland > 10 kg: ………. € (Depending on the carrier chosen)

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The SUPPLIER is responsible for the financial transactions and enables the following methods for paying for an order:

• Credit card
• Bank transfer
• PayPal

The USER may use a discount voucher immediately prior to completing the purchase in the event of having received one from the SUPPLIER.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to the data. To achieve these aims, the user/customer accepts that the supplier obtains data for the purpose of the corresponding authentication of the access controls. The SUPPLIER undertakes not to permit any transaction that is or is deemed illegal by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them. The following activities are prohibited under the card brands' programmes: the sale or offer of a product or service that does not comply with all the laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder(s).

11. PURCHASING PROCESS

Any product in our catalogue can be added to the basket. In it, only the items, the quantity, the price and the total amount will be shown. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the payment and shipping data entered. Baskets have no administrative binding effect; they are simply a section where a quotation can be simulated with no commitment on the part of either party. From the basket, an order can be placed by following the steps below for its correct formalisation:

1. Verification of the billing details.
2. Verification of the shipping address.
3. Selection of the payment method.
4. Placing the order (purchasing).

Once the order has been processed, the system instantly sends an e-mail to the SUPPLIER's management department and another to the USER's e-mail confirming that the order has been placed.

Orders (purchase requests) Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.

12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is deemed illegal, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any of the remaining conditions.

The SUPPLIER may, without prior notice, suspend or terminate the USER's access to its services and to the training, in whole or in part, for any valid reason, including, without limitation, where the USER does not comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policies. When the SUPPLIER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or remedy that may be available to the SUPPLIER.

13. WARRANTIES AND RETURNS

The warranty of the products offered will be governed by the following articles based on Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Act for the Defence of Consumers and Users and other supplementary laws:

Article 114. General principles. The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, being liable to them for any lack of conformity that exists at the time of delivery of the product.

Article 115. Scope of application.

1. Contracts for the sale of products and contracts for the supply of products to be produced or manufactured are included within the scope of application of this title.
2. The provisions of this title will not apply to products acquired through judicial sale, to water or gas, when they are not put up for sale in a limited volume or set quantities, or to electricity. Nor will it apply to second-hand products acquired at an administrative auction that consumers and users can attend in person.

Article 116. Conformity of products with the contract.

1. Unless proven otherwise, products will be understood to be in conformity with the contract provided they meet all the requirements set out below, unless, due to the circumstances of the case, one of them is not applicable: a) They match the description given by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model. b) They are fit for the purposes for which products of the same type are ordinarily intended. c) They are fit for any special use required by the consumer and user when the latter has made it known to the seller at the time of concluding the contract, provided the seller has accepted that the product is fit for that use. d) They display the quality and performance customary in a product of the same type that the consumer and user may reasonably expect, taking into account the nature of the product and, where applicable, the public statements about the specific characteristics of the products made by the seller, the producer or their representative, particularly in advertising or on labelling. The seller will not be bound by such public statements if they prove that they were unaware and could not reasonably have been expected to be aware of the statement in question, that the statement had been corrected at the time of concluding the contract, or that the statement could not have influenced the decision to buy the product.
2. A lack of conformity resulting from incorrect installation of the product will be treated as a lack of conformity of the product when the installation is included in the sale or supply contract regulated in Article 115.1 and has been carried out by the seller or under their responsibility, or by the consumer and user where the faulty installation is due to an error in the installation instructions.
3. There will be no liability for lack of conformity that the consumer and user was aware of, or could not reasonably have been unaware of, at the time of concluding the contract, or which originates in materials supplied by the consumer and user.

Article 117. Incompatibility of actions. The exercise of the actions provided for in this title will be incompatible with the exercise of the actions arising from the remedy for hidden defects in the sale. In all cases, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated for the damages arising from the lack of conformity.

Article 118. Seller's liability and consumer and user rights. The consumer and user has the right to the repair of the product, its replacement, a reduction of the price or the termination of the contract, in accordance with the provisions of this title.

Article 119. Repair and replacement of the product.

1. If the product is not in conformity with the contract, the consumer and user may choose between demanding the repair or the replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user notifies the seller of the chosen option, both parties must abide by it. This decision of the consumer and user is without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. A form of remedy will be considered disproportionate where, in comparison with the other, it imposes on the seller costs that are unreasonable, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative form of remedy could be carried out without significant inconvenience to the consumer and user. In order to determine whether the costs are unreasonable, the costs corresponding to one form of remedy must, moreover, be considerably higher than the costs corresponding to the other form of remedy.

Article 120. Legal regime for the repair or replacement of the product. Repair and replacement will comply with the following rules: a) They will be free of charge for the consumer and user. This gratuitousness will cover the necessary costs incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labour and materials. b) They must be carried out within a reasonable time and without significant inconvenience to the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user. c) The repair suspends the running of the periods referred to in Article 123. The suspension period will begin from the moment the consumer and user makes the product available to the seller and will end with the delivery to the consumer and user of the repaired product. During the six months following the delivery of the repaired product, the seller will be liable for the lack of conformity that gave rise to the repair, with it being presumed to be the same lack of conformity when defects of the same origin as those initially manifested recur in the product. d) If, once the repair is complete and the product delivered, it remains not in conformity with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, a reduction of the price or the termination of the contract under the terms provided for in this chapter. e) The replacement suspends the periods referred to in Article 123 from the exercise of the option by the consumer and user until the delivery of the new product. Article 123.1, second paragraph, will apply in all cases to the replacement product. f) If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, a reduction of the price or the termination of the contract under the terms provided for in this chapter. g) The consumer and user may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.

Article 121. Price reduction and termination of the contract. The price reduction and the termination of the contract will proceed, at the consumer and user's choice, when the latter is unable to demand the repair or the replacement and in cases where these have not been carried out within a reasonable time or without significant inconvenience to the consumer and user. Termination will not proceed when the lack of conformity is of minor importance. NOTE according to Art. 108.2: The USER is informed that they will only be liable for the diminished value of the goods resulting from handling them other than what is necessary to establish their nature, characteristics or functioning. Under no circumstances will they be liable for the diminished value of the goods if the trader has not informed them of their right of withdrawal in accordance with Article 97.1.i).

Article 122. Criteria for the price reduction. The price reduction will be proportional to the difference between the value the product would have had at the time of delivery had it been in conformity with the contract and the value the product actually delivered had at the time of that delivery.

Article 123. Periods.

1. The seller is liable for the lack of conformity that becomes apparent within a period of two years from delivery. For second-hand products, the seller and the consumer and user may agree a shorter period, which may not be less than one year from delivery. Unless proven otherwise, it will be presumed that the lack of conformity that becomes apparent within the six months following the delivery of the product, whether new or second-hand, already existed when the item was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless proven otherwise, delivery is understood to have been made on the day appearing on the invoice or purchase receipt, or on the corresponding delivery note if the latter is later.
3. The seller is obliged to deliver to the consumer or user who exercises their right to repair or replacement documentary evidence of the delivery of the product, stating the date of delivery and the lack of conformity giving rise to the exercise of the right. Likewise, together with the repaired or replaced product, the seller will deliver to the consumer or user documentary evidence of the delivery stating its date and, where applicable, the repair carried out.
4. The action to claim performance of the provisions of Chapter II of this title will lapse three years after the delivery of the product.
5. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with that period will not entail the loss of the right to the applicable remedy, the consumer and user being liable, however, for the damages actually caused by the delay in the notification. Unless proven otherwise, the consumer and user's notification will be understood to have taken place within the established period.

Article 124. Action against the producer. When it is impossible for the consumer and user, or represents an excessive burden, to approach the seller regarding the lack of conformity of the products with the contract, they may claim directly against the producer in order to obtain the replacement or repair of the product. As a general rule, and without prejudice to the producer's liability ceasing, for the purposes of this title, within the same periods and conditions as those established for the seller, the producer will be liable for the lack of conformity when it relates to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules governing them. Whoever has been liable to the consumer and user will have a period of one year to seek recourse against the party responsible for the lack of conformity. That period is counted from the moment the remedy was completed.

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed and interpreted in accordance with Spanish legislation in matters not expressly established. The SUPPLIER and the USER agree to submit to the courts and tribunals of the USER's place of residence any dispute that may arise from the supply of the products or services covered by these Conditions.

In the event that the USER has their place of residence outside Spain, the SUPPLIER and the USER expressly waive any other jurisdiction, submitting to the Dispute Resolution Body that will act as an intermediary between the two in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For more information, see clause "4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION".

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WARRANTIES IN THE SALE OF CONSUMER GOODS

E-COMMERCE (INFO). Information about warranties in the sale of consumer goods

Goods regulated by the law

The Warranties Act applies to movable goods for private consumption, that is, consumer goods: from a household appliance to a vehicle, including furniture, objects of all kinds, even works of art. By their very concept, services and immovable property are excluded. The Act excludes sales between private individuals. For new consumer goods the warranty will be two years, while for second-hand products the warranty will be one year. During the first six months of the warranty of a new product, it is presumed that the fault comes from the factory and the seller must bear all the costs of the repair, including parts, transfer and hours of work. The warranty period is suspended for the time the product or object is under repair.

Product in good condition

The law considers that a consumer should feel satisfied with the product purchased if it meets the following requirements: that the product matches the description given by the seller and that it has the qualities shown through a demonstration or model. It must also serve the purpose indicated both in the instruction manual and in the verbal indications the seller may have made or in a demonstration video. Advertising, the indications appearing on a label, or a use derived from the product's own characteristics also serve as customary use. Even if the consumer has requested a special use and the seller has assured them that the good purchased will provide it, this must be so. In addition, the product purchased must display the appropriate quality and performance. Thus, a pressure cooker must cook faster than a traditional pot.

Application of the Act

The Act binds sellers of consumer goods, on the one hand, and consumers as final recipients, on the other. That is, contracts made between private individuals are excluded, as it only provides for the sale between a professional seller and a consumer. It will apply whenever a consumer good is purchased, that is, any object or product for private consumption. Goods acquired at a judicial sale (auction of confiscated goods) are excluded. Nor is the distribution of water or gas not packaged for sale subject to this law.

Complaint in the event of a fault in the product

The first party responsible for the product is the seller. However, the consumer may approach the manufacturer or the importer directly, if approaching the seller represents a burden. For example, if during a holiday far from home a digital camera has been purchased that does not perform as offered in the store, it is easier for the consumer to approach the manufacturer or importer than the establishment where it was bought. In the event that the product does not perform in accordance with the advertised characteristics, the consumer may choose between the repair of the good or its replacement, unless this proves impossible or disproportionate. If repair or replacement is not possible, or proves disproportionate, the consumer may choose an appropriate reduction in the price or the termination of the contract, that is, the refund of the price. The consumer may not demand replacement in the case of second-hand goods or goods that are impossible to replace. For example, replacement cannot be demanded if the good is no longer manufactured or there is no stock left, if a second-hand vehicle is purchased or, due to the impossibility involved, a work of art, an antique or an exclusive clothing design cannot be replaced. Replacement will be disproportionate when it concerns a small defect that is easy or simple to repair. Repair will be disproportionate when it is uneconomic, that is, when the repair is more expensive than the value of the good.

Complaint periods

The consumer must report the fault within two months of detecting it. In this respect, if the problem has appeared within the six months following the purchase of the product, the seller must honour the warranty, since within that period it is assumed that the problem comes from the factory. However, once those six months have passed, it is the consumer who must prove that the fault is inherent and has not been caused by misuse of the product. The Act establishes that during the six months following the delivery of the repaired good, the seller will be liable for the faults that gave rise to the repair, with it being presumed to be the same fault when defects of the same origin as those initially repaired recur. In order to honour this warranty on the repair, the consumer must keep the receipt for the repair and for the technical service that, at the time, repaired the product.

Fault after repair or replacement

The Act provides for these possibilities: If the consumer chose the replacement of a faulty product with an identical one, they may request from the seller the repair, provided it is not disproportionate, a reduction in the price or the refund of the money. On the other hand, if repair was chosen in response to a fault in a product, the consumer may demand an exchange, a reduction in the price or the refund of all the money paid out. But the Act does not specify either the amount or the type of price reduction the seller must give the consumer in the event that this is the chosen option. Thus, the two parties involved in the sale are obliged to reach agreements that satisfy both.

Refusal to repair, reduce the price or refund the money

If we are within the first six months, the repair must be demanded and a Complaints Form requested, and one should insist even to the point of going to court. It is presumed that the fault existed. But if the first six months have already passed, the situation is reversed. It is the consumer who must prove that the product was purchased with the fault. In any case, the consumer will have to negotiate and, if they do not agree with the reduction the seller offers, they may approach an appraiser to determine the price of the product after the repair and request a price reduction accordingly.

Instruction manual and poor installation

If a consumer misuses a product because the instruction manual is incorrect, the warranties act protects the consumer and they may demand the repair or the replacement. Likewise, if the fault arises from poor installation caused either by the erroneous instructions in the manual or by the technicians sent by the seller, the seller is also liable.

In the event of repair or transfer to a technical service, what must the consumer pay?

Nothing. During the period the warranty is in effect, the seller or producer must bear the cost of the transfers, the parts and the repair time. In addition, while the product remains at the technical service the warranty period is suspended. That is, the clock does not run. On the other hand, apart from demanding the application of the warranty (the repair, exchange, price reduction or refund of money), the consumer may demand compensation for the damages arising from the fault and the repair time; for example, if a user purchases a fridge and it breaks down a week after purchase, in addition to requesting that the warranty be honoured, that user may demand compensation for the food that has spoiled as a result of the appliance's malfunction.

Commercial warranty

The commercial warranty is that given by the manufacturer, distributor or seller, and it must always exceed that offered by the law, since the latter is understood as a minimum enforceable by the consumer. It is also a marketing tool for companies. However, this warranty must meet certain requirements, such as making clear what it applies to, the object or product covered by that warranty and the name and address of the party offering it.