Many people are mistaken in thinking that the purpose of Directive 1999/44/EC, On certain aspects of the sale of consumer goods and associated guarantees, is to give consumers a minimum two years guarantee for all goods. In fact, this EU Directive, implemented in the UK by the Sale and Supply of Goods to Consumers Regulations 2002, has added little to already existing UK consumer protection law under the SGA 1979.
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Under this Directive, all Member States have to ensure that a retailer could be held liable for all 'non-conformities' (i.e. defects) which manifest in the good within two years from delivery. However, this requirement is not a two-year legal guarantee (although, rather confusingly, the Directives title describes it as such); goods are not legally required to last for two years. It simply provides that consumer goods must conform to the sales contract at the time of delivery. If a consumer can show that the goods did not do so, they will be entitled to repair or replacement of the goods free of charge. If this would be disproportionate or unreasonable to expect from the retailer, the consumer will be entitled to a reduction in price or a refund. These consumer rights are available for up to two years following purchase. If the defect becomes apparent within the first six months of purchase, it will be presumed to have existed at the time of delivery, otherwise this will be for the consumer to prove.
However, as mentioned above, the Directive adds little to UK consumer protection law. The SGA 1979 already provides the same legal rights to consumers to return faulty goods but for a period of up to six years after purchase - a much longer period therefore than provided for by the EU Directive. As a result, consumers should still rely on the SGA 1979 when returning faulty goods.
