Last April, the Ministry of Consumer Affairs approved a new decree law modifying the consumer regulations.as of January 1, 2022 Therefore, from now on, as consumers, we are entitled to a new series of applications in the products explained below.
We are going to tell you the most interesting aspects of this regulation for consumers in a summarized form. For more information you can consult the BOE, royal decree law 7/2021.
3-year legal warranty
Until this year, the legal warranty on products was a mandatory 2 years.
With the entry into force of these new regulations, Spain extends to 3 years legal warranty of consumer goods/supply of digital content or services.
It should be noted that if a product is purchased on December 31, 2021, it will have a 2-year warranty, not a 3-year warranty. General Law for the Defense of Consumers and Users.
For the first time, the regulation provides for digital products to have a warranty. In this digital services must offer a 2-year warranty. But what is considered digital content?
For the first time, contracts in which the user does not pay a price, but provides his personal data in exchange for a service, are included. In this case, digital services will be all those that allow the creation, processing, access or storage of data in digital format. They will be considered supplies of content:
- Computer software
- Digital games
- Video files
- Electronic books
- Audio files
- Music files
- Other electronic publications.
Digital content or services are deemed to be available or accessible when they have reached the consumer/user's environment. No other act of the entrepreneur shall be necessary in order for him to be able to use them in accordance with the contract.
Since these online contents or services are offered in digital format, the supply shall not require any additional delivery time.
Excluded from this regulation are free and open source programs (Freeware) in which the source code is openly shared and users can freely access the program.
In this case, spare parts for products that are no longer sold double the period and extended from 5 to 10 years. This method is intended to improve the useful life of the products by facilitating repair.
Manufacturers will now be required to have repair parts for products for a minimum of 10 years in their warehouses once the product is no longer manufactured.
Prescription or nonconformity
The new regulation expands from 3 to 5 years the statute of limitations period to exercise the rights that the consumer has when he/she is not satisfied.
In addition, the period for reversal of the burden of proof for proving lack of conformity is increased from six months to one or two years, depending on the subject matter of the contract.
Thus, during this period, the consumer or user will only have to prove that the good, content or digital service is not in conformity with what was agreed, without the need, as until now, to prove its lack of conformity at the time of delivery.
To oppose the consumer's or user's claim, the entrepreneur will have to prove that the lack of conformity did not exist at that time.
Advantage for consumers And for manufacturers?
With this regulation, according to the Ministry of Consumer Affairs, it is intended to take a step forward in the circular economy strategy. It is still too early to know how this will affect manufacturers and distributors of goods and, therefore, the possible rise in prices in certain sectors. We will have to stay tuned during this first quarter of the year 2022 and see how the approval of this decree law evolves for both companies and consumers.
As a Digital Marketing Agency specialized in eCommerce we have advised all our clients about these changes for 2022 so that they are aware of the regulations at all times.
As consumers, we believe it is important that we all know the rights we have when purchasing a product in any store, whether in person or digitally.
In case of doubts from Geotelecom we are always at your disposal. your disposition