European directive 1999/44: Is my sister's netbook covered?

take everything

Hi
My sister bought a netbook form Argos about 16 months ago.
The Argos guarantee on it is 1 year.
It has now decided not to boot up. She did nothing to it (barely uses it i'd say).
Can she invoke the European Directive 1999/44 (electrical goods should be without defect for 2 years) if Argos tell her "sorry guv, it's out of warranty".

If she can, is there an onus on her (not them) to actually prove manufacturer fault.
Any help appreciated.
Thanks.

whiterebel

take everything wrote: »

Hi
My sister bought a netbook form Argos about 16 months ago.
The Argos guarantee on it is 1 year.
It has now decided not to boot up. She did nothing to it (barely uses it i'd say).
Can she invoke the European Directive 1999/44 (electrical goods should be without defect for 2 years) if Argos tell her "sorry guv, it's out of warranty".

If she can, is there an onus on her (not them) to actually prove manufacturer fault.
Any help appreciated.
Thanks.

The 2 year warranty part was never implemented in Ireland. Our Sales of Goods Act is considered to offer better protection to the consumer.

slimjimmc

take everything wrote: »

Hi
My sister bought a netbook form Argos about 16 months ago.
The Argos guarantee on it is 1 year.
It has now decided not to boot up. She did nothing to it (barely uses it i'd say).
Can she invoke the European Directive 1999/44 (electrical goods should be without defect for 2 years) if Argos tell her "sorry guv, it's out of warranty".

If she can, is there an onus on her (not them) to actually prove manufacturer fault.
Any help appreciated.
Thanks.

You're mis-reading the directive. Technically the directive does not state goods should be defect free for 2 years, the directive is an instruction to member states to implement their own legislation to ensure a claim for redress can be made anytime up to at least 2 years after delivery. Irish legislation (Statute of Limitations) already complies with and exceeds that part of the directive because you can claim up to 6 years.

No warranty affects your rights under the Sale of Goods and Supply of Services Act. And the act isn't limited to manufacturing faults either, an item must be reasonably durable for the purpose it was bought for.

"decided not to boot up" is a very vague description and can be caused by a host of things. If it's due to software corruption then your sis may be liable for repair fees since that can be caused by user misuse.

Antigone05

not booting up could be software.

What brand is it? have you tried a system recovery?

more detail will provide more help!