The product that fails too soon: the written walkthrough

Myth · 12 months was THE warranty. Expired, so it is over.

The most profitable myth in the shop: the warranty is the manufacturer's one A commercial guarantee is a supplement: it can offer more, it can never trim the floor. The official page of the Union says it word for word: it can never exclude or reduce your rights under the minimum 2-year guarantee. A twelve-month warranty therefore never shortened anything: it simply stopped before the other one did.

“Shops or producers might offer you an additional commercial guarantee (also known as a "warranty"). This can give you better protection but can never exclude or reduce your rights under the minimum 2-year guarantee.”

In plain words: the manufacturer's warranty adds, it does not replace. When it runs out, the legal guarantee keeps running.

Myth · The manufacturer is the one to write to: they made the headset.

The myth: the product comes from the factory, so the problem goes there too The legal guarantee names a debtor, and it is not the factory: it is the seller, the one who took your money. The official page of the Union writes that your legal guarantee rights are held against the seller, and that they apply independently of any commercial guarantee. The manufacturer may be faster, kinder, closer: it is not the one who owes you.

“As a consumer in the EU you also benefit from legal guarantee rights against the seller. The legal guarantee applies independently of any commercial guarantee.”

In plain words: your claim goes to the seller, and it depends on no paper from the manufacturer.

Myth · Without the original packaging I have no rights left: everyone knows that.

The original-box myth Reread the sentence that founds the guarantee: it speaks of a lack of conformity which exists at delivery and becomes apparent within two years. The defect, the time limit: those are the two conditions of the text. The word “packaging” appears nowhere in this Article. A house policy may ask you for a box; it cannot make it a condition of your right.

“1. The seller shall be liable to the consumer for any lack of conformity which exists at the time when the goods were delivered and which becomes apparent within two years of that time.”

In plain words: the guarantee turns on the defect and the date, not the box. Keep the proof of purchase instead: that one is useful.

Myth · I pay the €25 diagnostic fee: it is the procedure, and it will be faster.

The myth: processing fees are normal The text grants rights, it does not sell tickets. In the event of a lack of conformity, you are entitled to have the goods brought into conformity, to a proportionate price reduction, or to terminate the contract: that is the Article's list, and none of those three routes is for sale. A fee charged as a precondition is not a procedure, it is a tollbooth in front of a right.

“1. In the event of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity or to receive a proportionate reduction in the price, or to terminate the contract, under the conditions set out in this Article.”

In plain words: the text says “shall be entitled”. A right is exercised, not paid for at the door.

Myth · At 18 months it is necessarily on them to prove: the burden of proof is reversed for the whole guarantee.

The mirror myth: the proof always weighs on the seller It is the opposite excess to their lie, and it costs just as much. The official page of the Union is precise: no proof on your side within 1 year of delivery, and in some EU countries that period is 2 years. One year is the floor guaranteed everywhere; two years is a national option. At eighteen months, the presumption is not a given: it gets checked, country by country.

“If a defect becomes apparent within 1 year of delivery, you don't have to prove it existed at the time of delivery. It is assumed that it did unless the seller can prove otherwise. In some EU countries, this period of “reversed burden of proof” is 2 years.”

In plain words: one year of presumption everywhere, two years in some countries. In between, you look up your national rule instead of guessing it.

Myth · If I have to prove anything, it is lost in advance. I give up.

The myth: proof on my side, case lost The presumption is a help, not the doorway to the right. What founds your claim is the minimum 2-year guarantee, and it is still running: the official page even adds that national rules in your country may give you extra protection. Giving up over a question of proof is mistaking one working detail of the file for the file itself.

“You always have the right to a minimum 2-year guarantee from the moment you received the goods. However, national rules in your country may give you extra protection.”

In plain words: the right still stands. The question of proof gets handled, not fled.

Myth · I accept the €30: an old headset is not worth much anyway.

The myth: they cannot replace it, so it is a voucher or nothing When repair and replacement fall away, the text does not stop: it opens the proportionate reduction of the price or the termination of the contract, notably where the seller has not completed repair or replacement, or where it is clear the seller will not do so within a reasonable time. That is a follow-up in money, measured against the price paid. A €30 voucher is neither a proportionate reduction nor a termination: it is a commercial offer, which you are free to refuse.

“The consumer shall be entitled to either a proportionate reduction of the price in accordance with Article 15 or the termination of the sales contract in accordance with Article 16 in any of the following cases: (a) the seller has not completed repair or replacement […] (d) the seller has declared, or it is clear from the circumstances, that the seller will not bring the goods into conformity within a reasonable time, or without significant inconvenience for the consumer.”

In plain words: if they neither repair nor replace, the law switches to money. The amount is discussed from the price, not from their generosity.

Myth · “Final” means final: when a company has ruled, it is over.

The myth: the company has ruled A company rules on nothing: it takes a position, and its position does not extinguish a right. The minimum 2-year guarantee is still running, your country may even give you extra protection, and the redress routes exist precisely for the cases where the seller says no. A final refusal is not the end of the file: it is the end of the conversation with them.

“You always have the right to a minimum 2-year guarantee from the moment you received the goods. However, national rules in your country may give you extra protection.”

In plain words: the right does not switch off because it was denied. It just changes counterpart.

Myth · Anyway, all this only works for new goods: second-hand and refurbished have no guarantee at all.

The myth: second-hand means no guarantee Second-hand goods bought from a professional seller are covered by the same minimum 2-year guarantee. In some countries, you and the seller may agree on a shorter period, but never below one year, and only if that is made clear at the time of purchase. A “sold as seen, no guarantee” scribbled on a professional invoice is not one of the options.

“Second-hand goods that you buy from a professional seller are also covered by the minimum 2-year guarantee. In some EU countries, you can agree with the seller on a guarantee period of less than 2 years. However, it must be no shorter than 1 year. This should be made clear at the time of purchase.”

In plain words: professional second-hand is guaranteed too. At worst one year, if agreed and clearly stated, never zero.