Guarantees and returns – Finland
Affected by Brexit?
How long is the legal guarantee for new and second-hand goods?
The duration is based on the expected lifespan for both new and 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 must notify the seller of a defect in a product within reasonable time. Two months is considered reasonable.
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"). After this time the consumer must prove that it was defective.
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 procedure, the judge may accept the opinion of the consumer's expert or ask for an independent expert opinion. There are also specialist bureaus that provide expert opinions.
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, within a reasonable time and free of charge. The seller has the right to try to repair the product before replacing it
- Secondly, refund or reduction of the purchase price if repair or replacement is impossible, but only under certain conditions
There is no deadline for implementation of a solution.
Is the repaired/replaced product covered by a new guarantee?
There is no specific rule for this.
Can the consumer take action against the importer or any intermediary in the supply chain up to and including the producer?
Yes, the consumer can make a claim related to defective goods to a supplier, but under certain restrictions.
If no amicable solution can be found, what is the deadline for taking the case to court?
The prescription period is 3 years from when the defect is discovered (or ought to have been discovered), unless there is a suspension of the statutory limitation period. A suspension can be arranged informally or through official channels.
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 documentation provided.
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 trader can fix the conditions, so it can be free of charge or offered against payment. If these arrangements involve additional costs, they may not be called warranties.
Does it have to be confirmed in writing?
The seller has to provide the commercial warranty in a written document at the request of the consumer.
What information is required?
The content of the warranty, including all essential elements such as duration, price and geographical coverage, details of the company offering it and a reminder of the legal guarantee.