The right to a six-month legal guarantee begins to apply

As of this Thursday, people will be able to demand the exchange of a defective product, its repair or the return of the money now with a six-month warranty period.

And it is that the reform to the Consumer Law has already entered into force, which, among other aspects, extends the legal guarantee term of the products, going from three to six months. This is one of the various modifications that were introduced to the Consumer Law to strengthen it.

In the case of the legal guarantee, the new regulation establishes an extension of the term to exercise the right, from three to six months, which implies that people who buy a product from now on, will be able to demand from companies: the change , the repair or refund of what was paid when a product turns out bad or does not serve the purposes for which it was purchased. This period is counted from the reception of the product.

It is worth mentioning that certain types of products, such as household appliances, may require a review by the technical service to verify the origin of the fault, but once this procedure has been completed, consumers have the right to exchange, repair or return.

In addition, the new law establishes that companies may not offer consumers the contracting of services, products or policies whose coverage corresponds to the obligations of the legal guarantee or affects its term and options.

Therefore, with the new law, companies cannot charge for the rights of the guarantee, nor establish restrictions on the exercise of the six months of legal guarantee, arguing that there is a voluntary guarantee.



August 21, 2020 Reopening of the Ripley Parque Arauco store with special measures due to the Covid 19 Coronavirus Pandemic. Retail, people, shopping.  Photo : Andres Perez


© Andrew Perez
August 21, 2020 Reopening of the Ripley Parque Arauco store with special measures due to the Covid 19 Coronavirus Pandemic. Retail, people, shopping. Photo : Andres Perez

The problems derived from the exercise of the right to the guarantee is one of the reasons why consumers most complain to the Sernac. In fact, during the year 2021, the agency received 37,530 claims, while so far in 2022, it already has more than 11,100 cases.

The most common problems refer to the refusal on the part of the companies to return the money, followed by not exchanging the product and not complying with the terms of the voluntary guarantee.

Other Consumer Law Rights

Another of the reforms to the law established that companies must report the useful life of durable products. For example, if a person wants to buy a refrigerator, before doing so, he should be informed that with normal use the appliance will last five or 10 years. This right will come into effect on August 24, 2022.

This regulation also established as mandatory the right of withdrawal in electronic, telephone or catalog purchases, giving the possibility of repenting the purchase in 10 days from receipt of the product. This provision is already in force since December 24 last.

In addition, the reform also included other new rights for consumers in other areas of consumption. For example, when buying a car, people have the free choice of technical maintenance services and automakers have the obligation to deliver a car to people while the vehicle is under repair for more than five business days. These rights come into force as of April 24.

New rights for airline passengers, new standards in the protection of personal data, new obligations in the financial market, among other aspects, were also established.

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