Question from maflada, What are my rights with a defective coat complaint in Portugal?
Answer from AI:
In Portugal, your rights as a consumer are protected under specific laws that ensure you receive fair treatment when purchasing goods. Here’s a structured approach to understanding your situation and the possible steps you can take:
Legal Framework:
- Law of Consumer Rights (Lei dos Direitos do Consumidor): This law outlines your rights and the obligations of sellers, ensuring that consumers are protected against defective products.
- Lei n.º 24/96: This law specifically addresses consumer rights and contracts, providing a framework for resolving disputes.
- Directive 1999/44/EC: This European directive, adopted into Portuguese law, details consumer rights regarding goods that are not as advertised, including the right to repair, replacement, or refund within two years of discovering the defect.
Your Situation:
- Defective Product: You received a defective coat, which entitles you to a resolution under consumer protection laws.
- Store’s Response: The store failed to provide a replacement, refused to send the coat to the supplier, and offered only a voucher instead of a refund.
- Arbitration Attempt: You sought help from the arbitration board, but the store’s offer to send the coat to the supplier was declined due to lack of trust and the inconvenience of waiting.
Possible Steps:
- Continue with Arbitration: You can pursue the arbitration process, arguing that the store failed to meet its obligations. You can request a refund or compensation.
- Court Action: If arbitration doesn’t resolve the issue, you may consider court action, though this is more time-consuming and costly.
- Accept Voucher: While not ideal, accepting the voucher might be a practical solution if it offers value, though you have the legal right to a refund.
- Consult a Lawyer: A legal professional can provide tailored advice and help navigate the process, ensuring your rights are upheld.
- Contact DECO: The Portuguese consumer association, DECO, can offer assistance and guidance on your rights and options.
Important Considerations:
- Time Limits: You typically have two years from discovering the defect to make a claim, so check if you’re within this period.
- Reasonable Response Time: Sellers are expected to resolve issues within a reasonable time, usually about 30 days.
Conclusion:
Your rights as a consumer in Portugal are clear, and you have several avenues to pursue a resolution. Consulting a lawyer or contacting DECO can provide the specific guidance needed to enforce your rights effectively.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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