Home > Selling to consumers > 5. Customer service > Warranty

Warranty

A warranty means that the product must work properly and meet what was agreed. If the product does not meet the agreement (non‑conformity), the consumer is protected by law. In that case, the consumer may be entitled to repair, replacement, or, in some cases, a refund.

When does a product meet the agreement?

The product meets the agreement if it:

  • Is suitable for normal use;
  • Is safe;
  • Has the characteristics that the consumer may reasonably expect based on the information provided;
  • Is suitable for special use, if that was agreed.

 

How long should a product last?

The law does not set a fixed warranty period. A product must last as long as the consumer may reasonably expect it to last.

What may the consumer expect?
This depends on factors such as:

  • The price of the product;
  • The type of product;
  • Whether the product is new or second‑hand;
  • What the seller or manufacturer has said or promised;
  • Information on the packaging, website, or in advertisements.

 

A second‑hand or display product may have lower expectations than a new product.
A discounted product does not have lower quality unless the consumer was clearly informed that the discount is related to quality.

 

Reporting defects 

If the product does not meet the agreement, the consumer must report this in time.

  • The consumer must report the defect within 2 months after discovering it;
  • The consumer does not have to inspect the product immediately after purchase;
  • The consumer may start legal proceedings within 2 years after reporting the defect.

If the company has misled the consumer or withheld information, the two‑year period starts when the consumer discovers this or is.

 

Legal protection in case of non-conformity

A product is non‑conforming if it does not meet what was agreed.
This includes cases where the product:

  • Is different from what was agreed or shown;
  • Is incomplete or damaged without prior notice;
  • Does not last as long as may reasonably be expected;
  • Does not do what was promised;
  • Has missing or unclear instructions;
  • Does not have the agreed characteristics (such as size, colour, or quantity).

Judicial (forced) sales are excluded from these rules.
If a product is bought in instalments, all consumer protection rules still apply.

Examples of delivered products that are non‑conform include damaged objects, sick animals or animals with a false pedigree, a new vacuum cleaner that does not work properly, or a car delivered in a different color than agreed.

 

Attention!
The rules do not apply in the case of a judicial (forced) sale. Has the consumer bought the product on instalments? In that case, all rules of consumer protection still apply, including warranty!

 

Company responsibility

If the product does not meet the consumer’s reasonable expectations (non‑conformity), the company is responsible under:

  • The legal (statutory) warranty;
  • Any commercial warranty offered by the company or the manufacturer.

Tip:
The company should resolve the problem with the consumer first. The company should then contact the manufacturer and recover the costs afterwards.

 

Statements by manufacturers and suppliers also count

The company is also responsible for promises or advertising claims made by the manufacturer or supplier.
Exceptions apply if the company was not aware of these claims, if the claim was withdrawn in time, or if it did not influence the consumer’s decision to buy the product.

 

Legal presumption of defects within six months

If a product breaks down or is defective within six months after delivery, the law assumes the product was already defective at delivery.
The consumer does not have to prove this.

The company must provide counter‑evidence, for example by showing that the defect was caused by the consumer.

 

Poor installation = poor product

If the company installs the product incorrectly, this counts as a defect.
The same applies if the consumer installs the product themselves and problems arise due to unclear or incorrect instructions provided by the company.

 

When does non-conformity not apply?

The consumer cannot rely on specific non‑conformity if:

  • They knew, or should reasonably have known, that something was wrong with the product at the time of purchase (for example: the refrigerator
    is sold with a large discount because it has a dent);
  • The fault arises from materials supplied by the consumer themselves (for example: unsuitable fabric provided by the consumer for a custom‑made sofa).

 

Legal warranty: repair, replacement or refund

In Aruba, consumers receive extra legal protection when buying consumer goods. This protection includes a legal warranty. The consumer may rely on the legal warranty if the product does not meet the reasonable expectations based on the agreement (non‑conformity).

 

Burden of proof and duration of the warranty

If the product breaks down or is defective within 6 months after purchase, the law assumes that the product was already defective at delivery. The consumer does not have to prove this.

  • The company must prove that the defect was caused by the consumer. If the company cannot prove this, the legal warranty applies.
  • After 6 months, the burden of proof lies with the consumer. The consumer must then prove that the defect was not caused by their own actions.

There is no fixed warranty period in the law. The law does not specify how long the warranty must last for a specific product. However, a product must last as long as the consumer may reasonably expect. This depends on:

  • The type of product;
  • The price;
  • What the company has promised.

 

Company responsibility under the legal warranty 

If the consumer is entitled to the legal warranty, the company must:

  • Deliver missing parts of the product;
  • Repair the product if this is possible and reasonable;
  • Replace the product if repair is not possible or not sufficient.

The company must also:

  • Allow the consumer to choose between repair or replacement, unless this is impossible or unreasonably expensive;
  • Offer the solution free of charge (no repair or shipping costs);
  • Act within a reasonable time;
  • Reimburse repair costs if the company does not respond or fails to solve the problem in time.

 

Attention!
If the product is resold during the statutory warranty period, the statutory warranty remains valid for the new owner. The company may ask for proof of purchase (e.g. a receipt).

 

Price reduction

Repair or replacement may sometimes be impossible, for example if the product is no longer available.
In that case, the company may offer a price reduction if repair or replacement would be too costly.

 

Termination of the purchase 

The consumer may only terminate the purchase or request a refund if repair or replacement fails and the problem is serious.

This applies if the company:

  • Cannot repair or replace the product;
  • Would have to make excessive efforts;
  • Does not solve the problem within a reasonable time.

 

Small Claims Court

If the company does not cooperate and the damage is less than 10,000 florins, the consumer may bring the case before the Small Claims Court of the Court of First Instance.

 

Commercial warranty

A commercial warranty is an extra warranty offered by the company or the manufacturer, in addition to the legal warranty.

The company decides whether to offer a commercial warranty and under which conditions.
If offered, the company must comply with those conditions.

There are two types of commercial warranty:

  • Company’s warranty, which is provided by the company or;
  • Manufacturer’s warranty, which is provided by the manufacturer.

A commercial warranty must clearly state:

  • Which additional rights the consumer receives;
  • That legal rights remain valid;
  • Who provides the warranty;
  • The duration of the warranty;
  • The country or area where the warranty applies.

It must be clear to the consumer who the manufacturer is when the warranty refers to them:

  • The actual manufacturer;
  • The importer;
  • A company that presents itself as the manufacturer.

The consumer may always request warranty information in writing or on a durable medium (such as email).

Note:

The company may recover its costs from the supplier or manufacturer after assisting the consumer.

 

Sources:

Scroll To Top