What Are My Rights for a Defective Purchase in Portugal?

Question from mafakda, What Are My Rights for a Defective Purchase in Portugal?

Answer from AI:

In addressing the situation with the defective coat purchased in Portugal, it’s important to understand your consumer rights and the appropriate steps to take. Here’s a structured approach to resolving the issue:

Understanding Your Consumer Rights

• Consumer Rights Directive (EU): Under EU law, you have the right to have defective goods repaired, replaced, or refunded within a reasonable timeframe, typically within two years of purchase.
• Portuguese Law (Decree-Law No. 24/2014): This law outlines your rights regarding defective products, emphasizing the seller’s responsibility to resolve issues promptly.

Steps Taken So Far

1. Request for Replacement: The store’s inability to provide a replacement justifies your request for a refund.
2. Voucher Offer: While a voucher may be offered, you are not obligated to accept it if you prefer a refund.
3. Supplier Refusal: The store should handle communications with the supplier; you shouldn’t be burdened with this process.
4. Complaint and Arbitration: Filing a complaint and engaging the arbitration board is a good step, but further action may be needed.

Next Steps

1. Refund Request: Reiterate your request for a refund, as the store cannot provide a replacement.
2. Document Everything: Ensure you have all receipts, correspondence, and records of interactions with the store.
3. Consumer Protection Agencies: Contact Portugal’s Consumer Protection Association (DECO) or the European Consumer Centre for assistance.
4. Legal Advice: Consider consulting a lawyer, especially if the issue persists, to explore legal action and ensure adherence to procedural deadlines.

Considerations

• Time Limits: Be aware of any statutory time limits for filing claims, typically two years from purchase.
• Trust Issues: Your distrust in the store is valid; prioritize a resolution that gives you confidence in the outcome.

Conclusion

You have the right to a refund under EU and Portuguese law. Continue pursuing your claim through consumer protection agencies and consider legal advice to ensure your rights are protected.