Legal and commercial guarantee

Wondering what the difference between a commercial and legal guarantee is? Find out here.

Do I have reason to complain?

If the item is defective, or you have not received what you paid for, the trader is responsible. You should always receive the item in the agreed upon condition, and as advertised in the store or other places. You should also receive all relevant information pertaining to the price and the item’s condition.

Any faults that become apparent within 6 months of the item being delivered is presumed to have existed at the time of delivery, and the burden of proof is on the trader. If the fault becomes apparent after the 6 months have passed, you will have to prove that the fault can be traced back to the time of purchase.

Commercial and legal guarantee

Understanding the difference between a legal and commercial guarantee can be difficult. A legal guarantee is a statutory right which entitles you to seek redress if an item is faulty, regardless of whether an item has a warranty or not. A commercial guarantee, or warranty, is provided by the trader or manufacturer and is supposed to give you better rights in case of damages and/or defects. This is in addition to, not instead of, the legal guarantee.

You should always read the conditions to see which additional rights you are granted through the commercial guarantee. A commercial guarantee can, for instance, contain an agreement with a Norwegian retailer, entitling you to have your item(s) fixed in Norway in case of defects or damages.

Additionally, several countries do not operate with “direct claim” rights, which maintains your right to direct a claim directly to the manufacturer.  A commercial guarantee with the manufacturer can provide you with direct claim rights.

Complaint deadlines

Legal guarantee deadlines vary depending on where the trader is located. However, in the EU/EEA the deadline should always be at least 2 years. In Norway, the deadline is usually 2 years from the time you bought the item. The deadline is extended to 5 years if the item is supposed to last considerably longer than 2 years.