When purchasing a product, you may receive not only the legal guarantee of conformity but also a commercial warranty. The latter represents an additional promise from the manufacturer or seller and creates a legal obligation for them.
What a Commercial Warranty Means
- It is valid under the conditions mentioned in the commercial warranty certificate and in any advertising made prior to purchase.
- If a manufacturer offers a durability guarantee (for example, for 5 years), they are directly liable during this entire period for repairing or replacing the product.
- If the information in the warranty certificate is less favorable than that in the product advertisement, the publicly communicated information applies (unless the advertisement was corrected before purchase).
How the Warranty Certificate Should Look
It must be provided on a durable medium (paper or electronic format) and delivered no later than at the time of product delivery.
It must be written clearly, in accessible language, and include:
- a statement that your legal rights are not affected by the commercial warranty;
- the guarantor’s contact details;
- the steps to follow in order to claim the warranty;
- the goods covered and the warranty conditions.
The absence of these elements does not invalidate the warranty – it remains binding on the guarantor.
The certificate must be drafted in Romanian but can also be provided in other languages.
Repairs and Replacements During the Warranty Period
If the product is repaired, the warranty period is extended by the time the product could not be used. If the product is replaced, the warranty starts anew from the date of replacement.
Repairs or replacements must be carried out free of charge and within a reasonable period, which cannot exceed 15 calendar days from notifying the seller.
The Seller’s Right of Recourse
If the seller is held liable for a lack of conformity that originates from the manufacturer or another party in the supply chain, the seller has the right to seek compensation from the responsible party.
Conclusion:
When buying a product, carefully read the warranty certificate and keep it on a durable medium – it can be very useful if problems arise. If you face difficulties in obtaining repairs, replacements, or compliance with warranty terms, consult a lawyer specialized in consumer law to protect your rights quickly and effectively.
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