The vendor has statutory liability for defects in products, whereas a warranty is a voluntary bonus granted to the purchaser by the vendor, manufacturer or importer. The vendor’s liability for defects in products does not end with the expiry of a warranty. This means that it is possible to complain to the vendor about defects in products after the expiry of the warranty period, even if no warranty was granted for the product.
A defect may involve not only technical faults but also the product’s not corresponding to the information provided, its service life being shorter than expected, or the instructions for use being deficient. The burden of proof that the product is defective, and has not, for example, been used contrary to the instructions for use, lies with the vendor during the warranty period and with the purchaser after the warranty has expired.
Warranty repair of a product bought from another EU member state
If the product was bought from another EU member state , the buyer should refer to the warranty terms in the first instance. which specify the warranty service providers. If a Finnish service provider is not mentioned, the consumer should turn to the Finnish importer. If the importer refuses to arrange the warranty repair of a product bought within the EU area, the consumer may appeal to the product manufacturer. If the product has a manufacturer's warranty, the manufacturer must ensure that any warranty it has granted in one EU member state is also valid in other member states. Under her legislative rights, a consumer can always turn to the seller in the case of a complaint. If the product has a defect for which the seller is liable, the consumer can demand that the seller repair or replace it in the first instance. In the EU area, in every case the seller is liable for any defects in the product at the time of purchase.
Product insurances subject to a charge
Many companies market product insurance policies, subject to an extra charge, for products such as mobile phones and household appliances, which compensate for breakage due to the consumer’s actions. However, extensive home insurance policies, in particular, cover many types of damage. A product insurance policy will not, therefore, necessarily provide extra security. In order to avoid any overlaps, you should familiarise yourself with the policyholder’s excess and other terms and conditions of your home insurance policy. If a device failure is not due to the user, in most cases liability for replacing or repairing the product lies with the vendor, at least for a while after the purchase.
Defects and delays
European Consumer Centre Finland