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In the matter of consumers, two directives are moved, the Directive (EU) 2019/770 or Directive of digital services), and the Directive (EU) 2019/771 or Directive on purchase and sale of goods, by which modifies the regulation of the actions cessation, the scope of contracts with consumers and users, the delivery of goods purchased through a contract of sale, the exercise of the right of withdrawal, the regulation of guarantees and after-sales services and pre-contractual travel information combined.
In the matter of consumers, two directives are moved, the Directive (EU) 2019/770 or Directive of digital services), and the Directive (EU) 2019/771 or Directive on purchase and sale of goods, by which modifies the regulation of the actions cessation, the scope of contracts with consumers and users, the delivery of goods purchased through a contract of sale, the exercise of the right of withdrawal, the regulation of guarantees and after-sales services and pre-contractual travel information combined.
It should be noted that the warranty period for goods and products is extended to 3 years and increases the period during which manufacturers will be required to have spare parts for these products, once they are 'would have stopped manufacturing, which happens to be 10 years. These forecasts will be applicable from January 1, 2022.
If an item is damaged before the end of the warranty period, the customer will have the right to return it or demand its repair. In addition, the consumer will have up to two years after purchase without having to prove the lack of conformity of the product (right now, the term is six months). In other words, the consumer will have more time to point out that the product purchased does not comply with the agreements.
It should be remembered that, as stated in the legislation itself, a guarantee is a commitment made by employers or producers to consumers or users and entails the legal obligations to reimburse the price paid or to replace, repair or provide a maintenance service related to the well, the digital content or service, if the specifications or any other requirements stated both in the warranty statement and in the advertising of this good or service are not met.
The rule, published in the BOE, presents a novelty: for the first time includes the procurement of digital content and services that the consumer obtains not in exchange for money, but in exchange for their personal data. For example, applications, digital games, e-books and computer programs, but also social networks, digital messaging services, video and music files. In the case of programs and apps, those that work with open source (that is, those that have open access software) are excluded from this regulation.
The provisions are set out in Royal Decree Law 7/2021, approved on 27 April.