However, whether a guarantee has been given or not, you may always file a complaint about defects and shortcomings in goods for at least two years under Community legislation. For details see the section on complaints.
What claims do you have under a guarantee?
According to the Danish legislation, the guarantee must give you some rights which place you in a much better position than the one you already have without the guarantee. However, it is up to the individual issuer of a guarantee to decide what he wants to guarantee, so the all-important thing that determines what you are entitled to according to a guarantee is what the guarantee certificate says.
Some guarantees only comprise defects in manufacture or materials while others cover all defects arising during the guarantee period. A guarantee may also be confined to specific parts of the product or certain types of defect. By way of example, a guarantee on a watch can cover the clock case but will not cover straps that break. A guarantee can also ensure special durability or application, that the products are genuine (for example a painting) or that the products are of a certain quality (for example in the case of purchases of gold and silver or gems).
Most guarantees give you the right to have the goods repaired or replaced. In that case the replaced products or the repaired or replaced parts will normally have a new guarantee period. Other guarantees give you the right to get the money back if you are not satisfied with the product.
For a Danish consumer the option to deliver a product for repair in Denmark can be an important element of a guarantee. If you attach great weight to this or other special circumstances it is important to read carefully the guarantee conditions in order to ensure in advance that the matter concerned is covered by the guarantee.
Who must prove that something is covered by a guarantee?
You as a consumer must be able to prove
- That you received a guarantee in connection with the purchase (written guarantee or a similar document).
- That the product has a quality or functional defect which is covered by the guarantee.
If the issuer of the guarantee is of the opinion that the defect/non-conformity is not covered by the guarantee it is up to the issuer of the guarantee to prove that the defect is attributable to, for example, inappropriate use or that the defect arose in or on a part of the product which is not covered by the guarantee.