The decree-law that will regulate, as of 1 January 2022, the consumer rights in the purchase and sale of digital goods, content and services has already been published. 

In addition to extending deadlines, this law provides the legal framework for new types of goods, such as digital content and services and goods with embedded digital elements, in order to strengthen consumer rights in the digital environment. It now expressly provides that online marketplace providers, when business partners of the professional who makes the best available, must, together with the professional, satisfy consumer rights in case of lack of conformity, a norm that has a great impact on the scope of e-commerce. 

Extension of warranty periods 

The warranty for movable goods is extended from two to three years, while the warranty for defects affecting the structure of immovable goods is extended from five to ten years. 

The new legislation includes other types of goods, such as digital content and services, contributing to the reinforcement of consumer rights in e-commerce. 

Used goods are also included in this change, with the guarantee now lasting 3 years, although in certain cases this period may be reduced by mutual agreement. This is for example the case when buying a second-hand vehicle, where the period may be reduced to 18 months by agreement between seller and buyer, which normally happens if the parties wish to reduce the price of the deal. 

Defects

When a defect is found in the purchased good, at present, the consumer has several options: he can choose to repair the good, he can exchange it for another one, he can also ask for a price reduction, or he can choose to give up this purchase and return the defective good and receive back the price he paid for it. 

Under the new rules, the consumer must first exercise the right to have the good repaired or replaced, and only if this is not done may he or she rescinds the contract. However, there is an exception to this rule when the defect is detected in the first 30 days. In this case, the consumer can choose between replacing the good or immediately terminating the contract by delivering the good and receiving in exchange the price paid for it. 

The deadline for reporting defects, which was currently provided for, has been eliminated. Thus, the consumer is always in time to report the defect in the good. 

The seller must repair or replace the defective good within 30 days of the complaint. With the new law, the good that has been repaired now has an additional guarantee period of six months for each repair. 

In the case of a replaced good, the consumer who receives the new good benefits from a new guarantee period of three years, which starts from the date of delivery.