In sales to consumers, the applicable legal framework sets out that they have the right to the conformity of goods with the contract, in which context the goods must notably:

(i) be of the description, type, quantity and quality, and possess the functionality, compatibility, interoperability and other features, as required by the sales contract and/or advertised;

(ii) be suitable for any specific purpose for which the consumer uses them, as previously agreed between the parties;

(iii) be delivered with all accessories and instructions, including on installation;

(iv) be provided with all updates;

(v) be delivered in the most recent version on the date of execution of the contract, unless otherwise agreed by the parties.

There is a lack of conformity of the goods, or what is commonly described as a defect, whenever one of the essential characteristics is not verified at the time of delivery of the good to the consumer or is manifested during the guarantee period of the same, that is, within the period of 3 years (for contracts concluded from 1 January 2022 – the legal term was 2 years in the past). In such cases, the consumer is entitled (i) to have the goods brought into conformity, by means of the repair or replacement of the good; (ii) proportional price reduction; or (iii) the termination of the contract.

The extension of the legal guarantee period from 2 to 3 years offers greater security to the consumer, but it is important to note that the legal framework is not the same throughout this period. In fact, during the first 2 years, the manifestation of lack of conformity/defect of the good is assumed, as a rule, to exist on the date of delivery of the good, that is, it is up to the seller or producer to prove that the cause of the defect of the product occurred later (e.g. due to consumer misuse). In the case of a lack of conformity/defect of the good between 2 and 3 years after delivery of the good, it is up to the consumer to prove that the defect was of origin.

If you are a merchant or producer, it is important to consider these legal changes, especially if you are selling online, by updating the terms and conditions of sale applicable to consumers. In this sense, the  Commercial and Corporate Law Department of Belzuz Abogados, S.L.P. – Sucursal em Portugal  has been providing legal advice to its clients to clarify these changes and update the respective contracts, in particular the terms and conditions available on the respective websites.

Commercial and Corporate Law department | (Portugal)

Belzuz Abogados SLP

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