03/01/2022

New Consumer Rights - as of January 1, 2022

The aim of the new rules is to increase the level of consumer protection, raising the term of guarantees to 3 years. On the other hand, brands are now required to guarantee parts for repairs to equipment sold for 10 years.

The new rules also apply to goods that are sold second-hand or reconditioned, as long as they are sold by professional bodies. Despite the 3 years of warranty provided, this period can be reduced if there is a mutual agreement between the companies and their customers.

In addition to the extended period for movable goods, in the case of electronic equipment, household appliances and others, companies are now also required to guarantee repairs for the equipment they sell for 10 years.

The warranty period for mobile products, such as appliances, computers and other goods, goes from the current 2 years to 3 years. Currently, the goods that are defective or appear to be damaged have a term of 3 years. For real estate, such as houses and apartments, the warranty period is 10 years, if it concerns structural construction elements; for other failures, it will be 5 years.

Although the law provides for the warranty period from 2 to 3 years, starting from the delivery of the good, in the absence of conformity (defect) in the 3rd year, it is up to the consumer to prove that it existed on the date of delivery of that good .

Scope of the law and specifics:
- The law covers both goods purchased in physical stores and online platforms.
- It also covers second-hand goods, sold by professionals, which are now guaranteed for 3 years, unless the term is reduced by mutual agreement, provided that it is not less than 1 year.
- Replacements and repairs must be carried out free of charge, within a reasonable period, from the moment the seller was informed of the defect or that it is not inconvenient for consumers. The consumer must deliver the respective goods to the seller. Shipping charges must be accepted by the seller.
- The repair or replacement of defective goods has a maximum period of 30 days, except in situations related to its more complex nature or other situation that justifies a longer period. In case of replacement of the good, the consumer cannot be charged any cost inherent to the normal use of the replaced good, whether transport, labor or parts.
- Goods repaired under warranty have an additional period of 6 months for each repair.
- Goods delivered that were replaced are now 3 years old from the date of delivery in replacement of the defective item.
- The consumer can request the repair or the respective replacement of the good. You can choose to ask for a reduction in the price of the good or the termination of the contract previously made, “establishing the conditions and requirements applicable for each of these means”. The consumer can choose to replace or terminate the contract without the need to verify any specific condition, when compliance is lacking, detected within the first 30 days after delivery of the goods.
- The new law also eliminates the consumer's obligation to report the defect within a certain period after becoming aware of it.
- The new law requires companies to reserve stock of spare parts for a period of 10 years, in order to guarantee a better after-sales service.

The extension of the warranty to 3 years will only apply to purchase and sale contracts that are made after the entry into force of the new law, on January 1, 2022.

The supervision of the law is carried out by the ASAE, as well as the instruction of the respective associated fines.

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Rua de Pedrouços, 37 – Armazém 5, 1º andar - Sala Padrão
1400-285 Lisboa
38.696566, -9.220794

+351 21 361 61 20
info@steam.pt

Edifício Clube Náutico, Senhora Santana
7580-309 Alcácer do Sal
38.369226, -8.511614

+351 265 098 350
info@steam.pt

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