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Backstory: In January of this year, I ordered an article from a webshop in the Netherlands (EU) which has an IP67 certification and for which usage under water is promoted. This product has been received but after usage in watery conditions, defects in the product appeared and in April, I contacted the webshop asking for a return; including pictures of the damages incurred.

Since this was a hectic period I completely forgot to return the device until I came across it again this week. So knowing that, by EU law, there exists a 2 year guarantee on products, I sent a mail asking if it was okay to retour the product via the original code or whether a new code would have to be used.

The response I got to this was: The article has been purchased on 31st of January and we informed you on the 18th of April that you were allowed to send the article for consideration. You failed to send the article and can't apply for warranty 7 months after the fact.

We have done all we need to, allowing you to retour the article. And won't respond to further correspondence.

Now, my question in this matter is whether they are right in claiming that they need not consider my request because they have already complied with their lawful requirements by allowing me to send said product for retour. Or whether they have an obligation to still consider this issue.

In short: What are my rights in this situation?

The product is an electronic device with a 10-year manufacturer's guarantee, so any defect can almost certainly be considered unreasonable within the 2 year period.

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    This question is off-topic. Perhaps it is better suited for Law.SE. – Michael Jan 2 '18 at 17:19
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Tricky. First, if your device with IP67 is a Samsung or Apple phone or watch, neither will cover water damage unless the device was defective.

In the EU, there is no warranty of two years. You have a statutory right to be sold an item of good quality, which usually means it should last two years (details are different from country to country and may depend on the product).

If it breaks within 6 months, the seller must fix the problem unless they can prove it wasn't their fault. If it breaks from 6 to 24 months, the seller must fix the problem if you prove it was their fault. If it breaks within 12 months, then this is often covered by a manufacturer warranty which might be better for you.

From 31st of January to 29th of December is less than 11 months, so leaving it in your drawer for 7 months doesn't make much difference. For statutory rights, you need to prove that the item broke within 6 months, or prove that it was faulty when purchased. Manufacturer's warranty may be better for you.

If you left the item in your drawer for three years, you would still be fine if you could prove it was damaged within two years in many countries.

The only situation where the seller would have a case would be a product where leaving damage unrepaired makes it worse. So if you had a product with some slight fixable water damage and it turns into a block of rust within 7 months, then they have a point.

  • Does the fact that I already applied for warranty, which they accepted 7 months earlier change anything about the situation? – Mitchell Faas Dec 30 '17 at 0:42

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