As we promised in the last post on defective performance rights, today in our series on consumer law we will look at the possibilities of satisfaction beyond those rights. As part of a major amendment to consumer law, the government is also proposing significant changes to the quality guarantee.
The guarantor may, of course, continue to declare that they will satisfy the buyer beyond their legal rights from defective performance. In that case, the declaration made closest to the time the contract was concluded will apply. However, it is necessary to pay particular attention to statements made in advertising. The amendment also refers to situations where the customer would be provided at the last minute with a less advantageous guarantee than stated in the advertisement presented by the seller. For a less favourable guarantee to apply, such a statement would have to be made in the same or comparable way as advertising. Therefore, it will not be possible to grant the customer fewer rights following a written declaration made just before the conclusion of the contract if a few days before that an advertisement appeared on television attracting customers to a broader content guarantee. Exceptions will be cases where the warranty is limited in time or applies to another product model.