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Legal obligation to reset the warranty in Portugal

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In this article, we explain how you must manage warranty periods in Portugal when a product goes through a repair or replacement process.

Important: in Portugal, the warranty is not managed in the same way for a repair and for a replacement. You must take into account the suspension of the period, the extension after repair and the new period applicable to the replacement product.
Contents
  1. What you must take into account in Portugal
  2. What happens while the product is being handled
  3. What happens if the product is repaired
  4. What happens if the product is replaced
  5. Summary
1️⃣ What you must take into account in Portugal

If you sell in Portugal, you must apply Portuguese warranty regulations when a product sold to a consumer goes through a warranty process.

The applicable rules are set out in Decreto-Lei n.º 84/2021, especially in Articles 12 and 18.

You can check the legal text at the following link: Decreto-Lei n.º 84/2021

2️⃣ What happens while the product is being handled

The warranty period is suspended from the moment the customer reports the lack of conformity until the product is brought back into conformity.

For this purpose, the customer must make the product available to the seller without undue delay.

Please note: the time during which the product is being handled must not reduce the customer’s warranty period.
3️⃣ What happens if the product is repaired

If the product is repaired, the repaired product benefits from an additional 6-month warranty period for each repair, up to a maximum of 4 repairs.

In addition, when you return the repaired product to the customer, you must inform them of this warranty extension.

The repair must not exceed 30 days, unless the nature or complexity of the product, the seriousness of the lack of conformity or the effort required justifies a longer period.

4️⃣ What happens if the product is replaced

If the product is replaced, the seller is responsible for any lack of conformity that may appear in the replacement product under the general warranty regime applicable in Portugal.

This means that the replacement product must be covered according to the applicable legal period from its delivery to the customer.

5️⃣ Summary
  • During the intervention: the warranty period is suspended.
  • If there is a repair: 6 months of warranty are added for each repair, up to a maximum of 4 repairs.
  • If there is a replacement: the replacement product is covered by the general warranty regime applicable in Portugal.
  • Repair or replacement period: it must not exceed 30 days, except in justified cases.
  • Customer information: you must inform the customer of the warranty extension when returning a repaired product.

 

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