What Are My Rights for Defective Sneakers in Portugal?

Question from Mafalda, What Are My Rights for Defective Sneakers in Portugal?

Answer from AI:

If you bought a pair of sneakers in Portugal and the laces tore within a year, you have certain consumer rights under Portuguese law. Here’s a general explanation of your rights and the steps you can take.

Consumer Rights in Portugal

In Portugal, consumer protection laws are designed to ensure that products meet certain standards of quality and durability. The key legislation governing consumer rights is the **Portuguese Consumer Protection Law (Lei de Defesa do Consumidor)** and the **EU Directive 1999/44/EC** on certain aspects of the sale of consumer goods and associated guarantees.

Legal Warranty Period

– **Duration**: In Portugal, products sold to consumers are covered by a legal warranty of **two years** from the date of purchase.
– **Coverage**: This warranty covers defects that become apparent within this period, including issues like torn laces.

Steps to Take When a Product is Defective

If you encounter a defect within the warranty period, you should follow these steps:

1. Contact the Seller: You have already done this by complaining to the store on August 16, 2024.
2. Wait for a Response: The seller is required to respond to your complaint within a reasonable time. Typically, this should be within 30 days.
3. Document Everything: Keep records of your purchase, your complaint, and any communications with the seller.

Possible Remedies

Under Portuguese law, if a product is defective, you are entitled to one of the following remedies:

• Repair: The seller can offer to repair the defect.
• Replacement: You can request a new pair of sneakers. Given that you prefer the same model, you can demand a replacement of the same type.
• Price Reduction or Refund: If repair or replacement is not possible, you can ask for a price reduction or a full refund.

What to Do If You Don’t Receive a Response

If the store does not respond within 30 days, you can take further steps:

1. Send a Formal Complaint: Write a formal complaint letter to the store, reiterating your request for a replacement.
2. Contact Consumer Protection Authorities: If the store still does not respond, you can contact the **Portuguese Consumer Protection Agency (DECO)** for assistance.
3. Legal Action: As a last resort, you may consider taking legal action. Consulting with a legal professional is advisable in this case.

Consulting a Legal Professional

While the information provided here gives a general overview of your rights and the steps you can take, it is always a good idea to consult with a legal professional for personalized advice. They can help you navigate the specifics of your situation and ensure that your rights are fully protected.

For more detailed information, you can refer to the [Portuguese Consumer Protection Law](https://dre.pt/dre/legislacao-consolidada/lei/1996-34522475) and the [EU Directive 1999/44/EC](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A31999L0044).

Remember, acting promptly and keeping thorough records will help you in resolving your complaint effectively.