Jun/090
Consumer Guarantee - The Two Year Rule
A consumer who bought a TV from Tesco was not given the consumer rights he expected when his TV broke. EU regulations state that EU citizens are entitled to 2 years replacement cover if an item becomes faulty through general wear and tear but Tesco claimed that 1 year was the agreed length of cover.
Staff at the European Commission told Guardian Money this week that shoppers have an extremely strong case for demanding a repair, replacement or refund on items up to two years old – the minimum guarantee for all member states, including the UK. It is not a new rule, but it seems few shoppers or retailers are familiar with it. One reason stores are getting away with it is that the law in the area is complicated. The UK’s Sale of Goods Act (Soga) gives consumers a longer protection period – up to six years, although in practice consumers find it difficult to enforce.
While the European Union website clearly backs up the two-year guarantee, you will find no information of the two-year rule on the government’s Consumer Direct website. “Sellers … are obliged to guarantee the conformity of the goods with the contract for a period of two years after the delivery of the goods,” the EU says. An updated directive is being worked on, although it is not expected to become law for at least another year.
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