The EU Consumer Sales and Guarantees Directive is designed to protect consumers when they purchase goods, including new cars. Here are some key points about the directive as it relates to new car purchases:
Legal Guarantee: Consumers are entitled to a minimum two-year legal guarantee for new cars. This means that if the car has a defect or does not conform to the contract, the consumer has the right to have it repaired or replaced at no cost.
Presumption of Defects: If a defect is discovered within the first six months after purchase, it is presumed to have existed at the time of delivery. This shifts the burden of proof to the seller, who must demonstrate that the defect was not present when the car was sold.
Repair or Replacement: Consumers can choose between having the car repaired or replaced. If neither option is feasible or if the seller fails to act within a reasonable time, the consumer may be entitled to a price reduction or a full refund.
Additional Rights: The directive does not limit consumers' rights to additional warranties or guarantees offered by manufacturers or dealers. Consumers can still benefit from any extended warranties that may be provided.
Cross-Border Purchases: The directive also applies to cross-border purchases within the EU, ensuring that consumers have the same level of protection regardless of where they buy their car.
Enforcement: Member states are responsible for enforcing the directive, and consumers can seek redress through national consumer protection authorities if their rights are violated.