It was published in Diário da República, on October 18, DL No. 84/2021, which regulates consumer rights in the purchase and sale of goods, content and digital services, transposing Directives (EU) 2019/771 and (EU) 2019/770.
This is probably the most important legal diploma in the field of consumer law since Law No. 24/96, which established the legal regime applicable to consumer protection.
We highlight the responsibility of the professional for the lack of conformity of the good that manifests itself within a period of three years and that is considered existing at the date of delivery of the good if manifested during the first two. Different liability deadlines are also stipulated, depending on whether we are dealing with goods with embedded digital elements for which the continuous supply of digital content or services is foreseen.
Contrary to what is provided for in Decree -Law No. 67/2003, of April 8, in its current wording, which did not establish any hierarchy of rights in case of non-compliance of the goods - recognizing the consumer a right of choice between the repair of the good, the replacement of the good, the reduction of the price or the termination of the contract - DL 84/2021 incorporates the It is, therefore, a matter subject to the principle of maximum harmonization, which prevents the national legislator from diverging from the European standard.
In this framework, in case of non-conformity of the good, the consumer has the right to "replacement of conformity", through the repair or replacement of the good, the reduction of the price and the termination of the contract, establishing the conditions and requirements applicable to each of these means.
Within the framework of a new EU mosaic of consumer rights protection, it is enshrined, in this decree-law, the possibility for the consumer to choose directly between the replacement of the good and the termination of the contract, without the need to verify any specific condition, when it concerns a lack of conformity that manifests itself in the first 30 days from the delivery of the good.
The obligation incumbent on the consumer to report the defect within a certain period after its knowledge was also eliminated, reestablishing the absence of obstacles to the exercise of rights that the consumer has during the warranty period of the goods.
On the other hand, obligations are established to the professional regarding the repair period, the collection and removal of goods for repair and the return of the price paid in case of termination of the contract.
Considering that one of the purposes of the Directive is the adequacy of the regime of conformity of goods to the digital dimension of the market, thus ensuring a high level of consumer protection, the decree-law broadens the notion of "goods", in order to cover consumer goods that incorporate or are interconnected with digital elements. It should be noted that the digital element may be pre-installed on the good or be installed later, considering goods with digital elements whenever the absence of the embedded or interconnected digital content or service prevents the goods from performing their functions, essential or not.
Also reinforced, in the decree-law, the rights of the consumer in case of non-compliance of real estate, extending the term of guarantee of real estate regarding lack of conformity relating to structural constructive elements to 10 years, maintaining the current period of 5 years regarding the remaining lack of conformity, and also incorporates the solutions contained in Decree-Law No. 67/2003 of April 8, in its current wording, on the possibility of the consumer exercising the rights of repair and replacement of the good in case of non-compliance directly with the producer, as well as on the right of return of the professional before a person at previous stages of the contractual chain, when he is responsible for a lack of conformity.
The voluntary guarantee is maintained, although with increased information obligations, now being called a "commercial guarantee".
In order to contribute to a greater durability of the goods and promote the repair of the same, it is established the duty of the producer to provide spare parts for a period of 10 years after the placing of the last unit of the good on the market, in accordance with certain requirements, and also, in the case of movable goods subject to registration, the duty of the professional to provide, during