Liability for defects and warranty (assistant) Listen Listen 1Liability - questions2The warranty is valid3Ansvaret för fel 4Compensation options5 Item purchased within or outside the EU? Use the assistant to determine your rights based on consumer protection Use the assistant to determine whether the seller is responsible for a defect in the item and how the defect can be compensated for. The assistant provides the general principles of consumer protection for resolving issues involving a defective item when the seller operates in Finland or the product has been marketed in Finnish. When it is unclear whether the consumer is entitled to compensation, the following issues should be determined first: When was the defect noticed? In order to be entitled to compensation, the buyer must report the defect within a reasonable time of when the defect was noticed or should have been noticed. According to law, a reasonable time is at least two months from the defect being noticed. Is there a warranty certificate / receipt / other proof of the place or time of purchase? The buyer does not need to have a warranty certificate or a receipt; some other description of the place and time of purchase will also do. The seller is also responsible for the warranty granted by the importer or manufacturer. Takuu(Required) The warranty is valid There is no warranty Item purchased from abroad Can it be shown that the defect was due to actions of the consumer? For instance: the operating and maintenance instructions were not followed; the item was inappropriately handled; the defect was caused by an accident or some other cause due to the actions of the consumer. Kuluttajasta johtuva syy Yes, it can No The defect does not need to be compensated for, if: the seller can show that the deterioration of the item is likely due to an accident, inappropriate handling or other cause due to the buyer. In other words, the seller has the burden of proof. More details on the liability for defect and warranty for items on the website of the Finnish Competition and Consumer Authority> Defect in a productWarranty compensates Warranty compensates for defects appearing during the warranty period and other issues defined in the warranty, if the product has been correctly used and the defect was not caused by an accident, inappropriate handling of the item, or other cause due to the actions of the buyer.Can the item be repaired or replaced? Can be repaired or replaced Cannot be repaired or replaced Repairing or replacing an item is the primary means of compensating a defect If there is any defect in the item, the consumer may demand that the seller repair or replace it. The seller may refuse to repair or replace the item if it is impossible to do so or if it would incur unreasonable costs for the seller. Replacement might not be necessary if the item can be easily delivered for repair and the repair can be made quickly. The repair or replacement must not incur any costs or significant harm for the consumer. Repair or replacement of the item must be carried out within a reasonable time (usually no more than 2 weeks). The seller shall beear all costs incurred by the dismantling and installation work required for the replacement or repair of the item, even in cases where installation of the item was originally the responsibility of the consumer. If the item is to be repaired, the seller shall bear all repair costs, provided that the repair does not increase the value of the item being repaired. An example of this is when a second-hand spare part in good condition can be used to repair the defect.The consumer may be required to pay a portion of the repair costs, if the item warranty is invalid when the defect is discovered and the repaired item ends up in better condition than an equivalent flawless item. Such cases may arise if, for example, the defective item has been used several years and is being repaired with new parts. If the item is replaced The consumer is under no obligation to pay for the normal use of a replaced item during the period prior to its replacement.The consumer is not always entitled to demand a completely new and unused item. The replacement item must be free from defects and can be expected to last as long as the original item.The replacement item must correspond to the defective one in value and quality, and it must fulfil the criteria according to which the consumer purchased the original one.Provision of a substitute item: The company does not have an obligation to provide a substitute item. However, by providing a substitute item, the company can avoid other compensation claims, such as compensation for costs due to delayed repairs or loss of utility. The substitute item must have the same basic properties as the item being repaired. If the product defect has incurred costs to the consumer, the consumer may also claim damages in addition to replacement. As a rule, the consumer may demand a discount or cancellation even after one unsuccessful attempt to correct the defect. If the defect cannot be corrected by repair or replacement, the consumer may demand a discount or cancellation.Can the defect be compensated for by a discount? Can be compensated for by a discount No If it is impossible to either repair or replace the item, the company may provide compensation in the form of a discount. A discount may come into question when: correction of the defect is impossible or would incur unreasonable costs for the seller, or the seller will not correct the error. the item is usable in its defective state, but its value can be considered to have decreased. the defect is minor in nature and its significance may be minor for the buyer (e.g., a surface defect). The discount must correspond in value to the defect. The amount of the discount must often be calculated taking into account the impact of the defect on the item’s use or replacement value or its appearance (e.g., by comparing the actual value of the defective item to that of a faultless one). If the consumer has had to have the item repaired independently, then the magnitude of the discount is the cost of the repairs. If the product defect has incurred costs to the consumer, the consumer may also claim damages.The consumer may demand the cancellation of the sale if the defect is significant and no other form of compensation can be provided. Cancellation of the sale is usually not possible, if the item can be easily and quickly repaired or the item has a surface defect with minor significance. If the sale is cancelled, the vendor must return the purchase price when the customer returns the item. Any benefit the customer may have gained from use may be deducted from the price to be refunded. If the sale is cancelled during the warranty period, the seller is not entitled to deduct from the purchase price any benefit derived by the consumer from use of the item. If the product defect has incurred costs to the consumer, the consumer may also claim damages in addition to the cancellation of the sale.More details on the liability for defect and warranty for items on the website of the Finnish Competition and Consumer Authority> Defect in a product When the warranty has expired or one has not been granted in the first place, it must be determined whether the defect is covered by the company’s statutory liability for defects. There is no statutory time limit for the duration of the liability for defect; the consumer is entitled to expect the item to last for its normal service life in normal use. In the beginning of the life cycle of the item and immediately after its warranty period, the company’s liability is high. The liability decreases as the item becomes older.Can it be shown that the defect was due to the actions of the consumer? For instance: the operating and maintenance instructions were not followed the item was inappropriately handled the defect was caused by an accident or some other cause due to the consumer normal wear and tear caused by use Kuluttajasta johtuva syy? (takuuta ei ole) Yes No Does one or more of the following statements apply to the situation? The features or quantity of the item are not as agreed. The item is not fit for the intended purpose. The item is not as promised, such as in an advertisement. The service life of the item was shorter than expected. The item has a manufacturing defect. The item was not supplied with sufficient instructions for installation and use. The seller installed the item incorrectly. The item was not supplied with sufficient accessories or installation and operating instructions. No agreed or necessary safety and other updates were supplied with the item. Takuuta ei ole: väittämät Yes No Defect does not need to be compensated for If a dispute arises, details on the liability for defect and warranty for items and our services on the website of the Finnish Competition and Consumer Authority> Defect in a product Can the item be repaired or replaced? (There is no warranty) Can be repaired or replaced Cannot be repaired or replaced Repairing or replacing an item is the primary means of compensating a defect If there is any defect in the item, the consumer may demand that the seller repair or replace it. The seller may refuse to repair or replace the item if it is impossible to do so or if it would incur unreasonable costs for the seller. Replacement might not be necessary if the item can be easily delivered for repair and the repair can be made quickly. The repair or replacement must not incur any costs or significant harm for the consumer. Repair or replacement of the item must be carried out within a reasonable time (usually no more than 2 weeks). The seller shall beear all costs incurred by the dismantling and installation work required for the replacement or repair of the item, even in cases where installation of the item was originally the responsibility of the consumer. If the item is to be repaired, the seller shall bear all repair costs, provided that the repair does not increase the value of the item being repaired. An example of this is when a second-hand spare part in good condition can be used to repair the defect.The consumer may be required to pay a portion of the repair costs, if the item warranty is invalid when the defect is discovered and the repaired item ends up in better condition than an equivalent flawless item. Such cases may arise if, for example, the defective item has been used several years and is being repaired with new parts. If the item is replaced The consumer is under no obligation to pay for the normal use of a replaced item during the period prior to its replacement.The consumer is not always entitled to demand a completely new and unused item. The replacement item must be free from defects and can be expected to last as long as the original item.The replacement item must correspond to the defective one in value and quality, and it must fulfil the criteria according to which the consumer purchased the original one.Provision of a substitute item: The company does not have an obligation to provide a substitute item. However, by providing a substitute item, the company can avoid other compensation claims, such as compensation for costs due to delayed repairs or loss of utility. The substitute item must have the same basic properties as the item being repaired. If the product defect has incurred costs to the consumer, the consumer may also claim damages in addition to replacement. As a rule, the consumer may demand a discount or cancellation even after one unsuccessful attempt to correct the defect. If the defect cannot be corrected by repair or replacement, the consumer may demand a discount or cancellation. If a dispute arises, details on the liability for defect and warranty for items and our services on the website of the Finnish Competition and Consumer Authority> Defect in a productCan the defect be compensated for by a discount? (There is no warranty) Can be compensated for by a discount No If it is impossible to either repair or replace the item, the company may provide compensation in the form of a discount. A discount may come into question when: correction of the defect is impossible or would incur unreasonable costs for the seller, or the seller will not correct the error. the item is usable in its defective state, but its value can be considered to have decreased. the defect is minor in nature and its significance may be minor for the buyer (e.g., a surface defect). The discount must correspond in value to the defect. The amount of the discount must often be calculated taking into account the impact of the defect on the item’s use or replacement value or its appearance (e.g., by comparing the actual value of the defective item to that of a faultless one). If the consumer has had to have the item repaired independently, then the magnitude of the discount is the cost of the repairs. If the product defect has incurred costs to the consumer, the consumer may also claim damages. If a dispute arises, details on the liability for defect and warranty for items and our services on the website of the Finnish Competition and Consumer Authority> Defect in a productThe consumer may demand the cancellation of the sale if the defect is significant and no other form of compensation can be provided. Cancellation of the sale is usually not possible, if the item can be easily and quickly repaired or the item has a surface defect with minor significance. If the sale is cancelled, the vendor must return the purchase price when the customer returns the item. Any benefit the customer may have gained from use may be deducted from the price to be refunded. If the sale is cancelled during the warranty period, the seller is not entitled to deduct from the purchase price any benefit derived by the consumer from use of the item. If the product defect has incurred costs to the consumer, the consumer may also claim damages in addition to the cancellation of the sale. If a dispute arises, details on the liability for defect and warranty for items and our services on the website of the Finnish Competition and Consumer Authority> Defect in a product Was the item purchased within or outside the EU? Within the EU Outside the EU Items purchased from elsewhere in the EU If the product was bought from another EU member state (for example, from an online shop or during a holiday trip), the buyer should refer to the warranty terms in the first instance. The warranty document includes a list of authorised repair shops. 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 item was sold with a manufacturer’s warranty, the manufacturer has an obligation to ensure that a warranty given in one EU Member State is also honoured in other Member States. Under his or 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 case of items purchased within the EU, the vendor is always liable for any defects that were already there at the time of purchase. Read more> The European Consumer Centre Finland – Information on consumer issues related to cross-border trade within the EU.Items purchased from outside the EU If you have purchased the item from outside the European Union, your rights depend on the agreement you made and the laws of the country in question. The duration of the seller’s liability for defect, for instance, may vary by country. If, in your opinion, an item has a defect that is the liability of the seller, first lodge a complaint with the seller, presenting your demands. If the item was purchased from outside the EU (e.g., from an online store or on a vacation trip) and the warranty is valid, you should first check the warranty terms for how to act in case of a defect, for example, whether you can turn to a Finnish service point or importer. If you paid by credit card, you can also reclaim the payment or demand a discount from the credit card provider in addition to the seller in situations where, for example, the company cannot be contacted or the product has a defect for which the seller is responsible that the company refuses to refund. The credit card provider is not liable to return any sum greater than that originally paid to the credit card provider. PhoneThis field is for validation purposes and should be left unchanged.
