Read: Consumer protection, FPS Economy.

The Guarantee Act

The warranty law applies to the sale of consumer goods by a professional seller to a consumer who is buying for private use.

What consumer goods are covered by the legal warranty?

The legal guarantee applies to all tangible movable objects such as cars, refrigerators, furniture, animals … except :

• water, gas and electricity;
• goods sold by seizure or by judicial authority.

The legal warranty does not apply to real estate.

What defects are covered by the legal warranty?

Thenon-conformityof the consumer good, i.e. when the delivered good does not correspond to the one requested or ordered.

However, the consumer cannot invoke the legal warranty for changes in delivery time or place, or for defects of which he was aware at the time of sale.

What is thewarranty period?

The legal guarantee applies if the non-conformity is noted within 2 yearsfrom the delivery of the goods.

The legal guarantee therefore begins to run from the delivery of the goods to the consumer:

• If the defect appears within the first six months, it is presumed to exist since delivery. The seller must prove the contrary if he disagrees.
• If the defect appears more than six months after delivery, the consumer is obliged to prove the existence of the non-conformity at the time of delivery.

This warranty period can be reduced for second-hand goods but cannot be less than 1 year.