Guarantees and returns – Cyprus
Affected by Brexit?
How long is the legal guarantee for new and second-hand goods?
The duration is 2 years but can be reduced to 1 year for second-hand goods.
If the product is defective, who is responsible for putting things right?
The seller, even for purchases made through an internet platform. However, the platform may have agreed to act as an intermediary so check the terms and conditions.
By when must the consumer notify the seller of a defect?
The consumer has 2 months in which to notify the seller of a defect in a product.
Who has to prove the presence/absence of a defect and how long do they have to do this?
The seller must prove that the item was not defective for the first 6 months after the delivery of the product ("reversal of burden of proof").
Is there a third party testing body that can help to provide proof?
The consumer can ask a repair shop for an expert opinion, but it might not be accepted by the seller. In the event of a court/ADR procedure, the judge/arbitrator may accept the opinion of the consumer's expert or ask for an independent expert opinion.
What remedies is the consumer entitled to free of charge? Is there a deadline for implementing the solution?
There is a "hierarchy of remedies":
- Firstly, repair or replacement according to the consumer's choice and free of charge
- Secondly, refund or reduction of the purchase price if repair or replacement are not possible within a reasonable time frame.
Any repair or replacement should be completed within a reasonable time and without any significant inconvenience to the consumer.
Is the repaired/replaced product covered by a new guarantee?
No, the legal guarantee is expires 2 years after the (initial) delivery of the goods.
Can the consumer take action against the importer or any intermediary in the supply chain up to and including the producer?
No, the consumer can only make a complaint against the seller.
If no amicable solution can be found, what is the deadline for taking the case to court?
The prescription period is 3 years from delivery of the goods, unless there is a suspension of the statutory limitation period.
Are any other legal guarantees laid down in national law coexisting with the legal conformity guarantee?
Who is responsible for application of the warranty?
The party offering the warranty, be it the seller, the producer or a third party guarantor. Always refer to the terms of the commercial warranty.
On average, how long is a commercial warranty?
1 to 5 years, but in most cases 2 years as with the legal guarantee. More expensive goods usually have a longer warranty which often applies to specific parts of the product.
Is it free of charge?
Not necessarily. The guarantor can fix the conditions, so it can be free of charge or offered against payment.
Does it have to be confirmed in writing?
The guarantor doesn't necessarily need to provide the commercial warranty in writing.However, on request by the consumer, the commercial warrantee should be made available in writing or in another available and accessible durable format.
What information is required?
The warranty must set out in plain and clear language the features of the warranty and the information needed to make a claim under the warranty. This should include the duration and scope of the warranty, as well as the name and address of the guarantor. The warranty must also state that the consumer has legal guarantee and make clear that those rights are not affected by the warranty.