Mandatory warranty management – Marketplace sellers

In this article, we explain why you must manage warranties for products sold on Marketplace and when the manufacturer may become involved.

Important: you must assume and manage warranties even after more than 30 days have passed since the order was delivered. The warranty period is not limited to the withdrawal or commercial returns period.

Contents

Who must manage the warranty
Your obligation as a seller
When the customer may contact the manufacturer
What you must not do
Summary

1️⃣ Who must manage the warranty

As a general rule, the customer must contact the seller to manage the product warranty.

The manufacturer’s direct responsibility is subsidiary. This means that the customer may only contact the manufacturer directly in specific cases, for example if it is impossible to contact the seller or if doing so would place an excessive burden on the customer.

2️⃣ Your obligation as a seller

You are required to deliver a product that conforms to the sales contract.

If the product has a lack of conformity covered by the warranty, you must bring it into conformity and manage the warranty during the applicable legal period.

Please note: in Spain, Article 120 of the TRLGDCU states that the trader is liable for lack of conformity that appears within the legally established period from delivery of the goods.

3️⃣ When the customer may contact the manufacturer

The customer may contact the manufacturer or producer directly when it is impossible or excessively burdensome to claim against the seller.

This may happen, for example, if the seller has closed, disappeared from the market, is insolvent, or if claiming against the seller would place an excessive burden on the customer.

Important: the fact that the manufacturer may become involved in certain cases does not remove your obligation as a seller to manage the warranty when the customer contacts you.

4️⃣ What you must not do

Do not reject a warranty claim just because more than 30 days have passed since delivery.
Do not act only as an intermediary between the customer and the manufacturer.
Do not automatically refer the customer to the manufacturer if the warranty must be managed by you.
Do not reduce the legal warranty period applicable in the country of sale.

Remember: you must review each case and manage the warranty when the product has a lack of conformity covered by the applicable legal period.

5️⃣ Summary

The seller is primarily responsible: you must assume and manage the warranty for the product sold.
The warranty does not end after 30 days: you must handle lack of conformity cases during the applicable legal period.
The manufacturer only intervenes directly in specific cases: for example, if contacting the seller is impossible or excessively burdensome.
You must not simply redirect the customer: you must manage the warranty when applicable.

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