What are Your Legal Rights for Consumer Trader Relationship ?

In the context of the consumer - trader relationship, the most common disputes relate to the guarantee provided for the goods purchased. And it can be said that consumers are not as aware of their rights as traders are about their obligations. Too often, such ignorance stems from the inability to differentiate the legal from the commercial guarantee. Criminal Lawyer Brampton is here for you.

Consumer Product Warranty - General

The current Consumer Protection Act considers the consumer to be the economically weaker party in his dealings with the merchant, which gives him special protection. Part of this special protection is the obligation of the trader to provide and comply with the guarantee provided.

What exactly is a guarantee?

Simply put, a guarantee is an undertaking by the trader that within the time limit specified by the law or by himself, he will be the "guarantor" of the conformity of the goods with the contractual agreement. This means that if a defect of the goods is manifested within the time limits set, it is considered that it does not comply with the agreement. Accordingly, the trader will be obliged at his own expense to remedy the deficiencies.

The law explicitly specifies in which cases the consumer goods are deemed to be in conformity with the agreement. There are four cases. So, consumer goods are in line with what is agreed when:

1. Has the characteristics specified by the parties to the contract. In addition, it should be suitable for the ordinary use for which consumer goods of the same type are used;

2.Corresponds to the description given by the seller in the form of a sample or sample. This condition is extremely important. This is because marketers often provide exceptionally high-quality variants of samples or samples to attract the consumer as their customer, but subsequently it turns out that the goods actually delivered are not the same;

3.Is fit for the special use desired by the consumer, provided that he has informed the seller of his request at the conclusion of the contract and it has been accepted by the seller. For example, if we ask for a washing machine that can wash the carpets, but it turns out that this is not possible, the washing machine sold does not comply with the contract of sale;

4.Possesses the usual qualities and characteristics of goods of the same kind which the consumer can reasonably expect, having regard to the nature of the consumer goods and the public statements about the specific and characteristics made by the seller, manufacturer or his representative contained in the advertisement or on the consumer product label.

Legal guarantee

The statutory guarantee is binding and cannot be circumvented. It applies to cases where the goods sold show factory defects or do not comply with the sales contract. Any mechanical damage to the goods caused by the guilty conduct of the consumer is not covered by the statutory guarantee.

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