There are two types of guarantees, the commercial warranty and the statutory guarantee. These two types of guarantees work independently of one another.
- Commercial warranty
The commercial warranty is offered by a professional under contract with a consumer. This warranty is optional and the professional is free to set its coverage.
- The statutory guarantee
The guarantee concerns the legal protection of the consumer against defects of the acquired property. This protection is mandated by law and does not depend on the contract. Every consumer good is covered by the statutory guarantee.
The law requires that sellers must provide professional products that meet the sales contract. The seller is liable for defects even if he or she did not know about them. The guarantee has a term of 2 years. Defects that occur within 6 months after delivery of the goods are considered as already existing at the time of delivery, except if the seller can prove otherwise.
When a defect is established 6 months after the sale but within the 2 years duration of the guarantee, it is not considered as having existed on delivery. This means that the consumer must prove that the defect already existed at the time of delivery if the consumer wants to benefit from the guarantee.
- What to do if the good has a default?
In case of lack of conformity, the consumer can either choose to give the product back and be refunded of the total price, to keep the product and to be partly reimbursed or the consumer can ask for compliance of the product to the contract (repair or replacement).
However, the consumer cannot request the cancellation of the sale or the reduction of the price if the seller replaces or repairs the products. The consumer may not require compliance of the product (repair or replacement) if this is impossible or disproportionate.
If the consumer decides for a repair or replacement, it must take place within one month from the date of decision onwards. After this period, the consumer can return the product and is refunded of the total price or he or she can keep it and is partially refunded of the purchase price.
The repair or replacement should also result in no major cost or inconvenience to the consumer.
Luxembourg law also provides, beyond the guarantee of two years, the guarantee against hidden defects.