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Right to complain and Guarantee

If you, as a private or corporate customer, shop with SODEMANN INDUSTRIFJEDRE A/S, you have the usual statutory 2-year right to complain if there is something wrong with the product. SODEMANN INDUSTRIFJEDRE A/S offers no further guarantee because, as a customer of SODEMANN INDUSTRIFJEDRE A/S, you are protected by the usual 2-year right to com-plain. Often, as a customer, it can be difficult to tell the difference between the usual 2-year right to complain and a guarantee. Below we try to explain the difference between the usual 2-year right to complain and a guarantee.

If you shop as a private customer in an EU country, you have a minimum of two years in which to make a complaint. Individual EU countries can choose to offer a longer right to complain, but it can never be less than two years. This means that if a product breaks due to an issue that was present at the time the product was delivered to the private customer, that customer, de-pending on the circumstances, may get a refund, or have the product repaired or exchanged.

According to Danish law, a corporate customer is also entitled to a 2-year right to complain. This right to complain is not based on EU legislation, so a corporate customer in another country may not be entitled to the same protection. Unlike consumer purchases, it is up to the corporate customer to prove that the product was faulty on delivery.

For consumer purchases (private customers), the burden of proof is the reverse for the first six months. In other words, for a consumer purchase, the seller is responsible, for the first six months, for proving that the product was not faulty on delivery. Subsequently, for the next 18 months, it is the private customer who must prove that the product was faulty on delivery.

If a private customer or a corporate customer discovers a fault that the pri-vate customer or corporate customer believes that the seller is responsible for, the private customer or corporate customer must complain to the seller as quickly as possible and within a reasonable time of the private customer or corporate customer having discovered the fault.

A guarantee thus runs in parallel to the right to complain and is a service that typically is more extensive than the statutory right to complain. A seller only offers a guarantee if the seller clearly states this, including clearly stating what any such guarantee may cover. The guarantee will usually take the form of the seller guaranteeing that the product has certain specific characteristics and a minimum service life with ordinary use. As stated initially, SODEMANN INDUSTRIFJEDRE A/S does not offer a guarantee, but as a private customer or corporate customer you have the usual 2-year right to complain.

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