If you have been the victim of a purchase of a defective product or with hidden problems that occurred only after the purchase, know that there is a remedy: the complaint of the so-called “hidden defect”. In this article we will explain what a hidden defect means, how to recognize it, how to report it to the seller and how to protect yourself legally in the event of a lack of response.
Read on to find out all the details
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Table of Contents:
What does occult vice mean
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hidden defect is a defect or problem that was not visible at the time of purchase, but that only occurs later. This type of defect can concern any type of product, from the vehicle to the appliance, from the home to the clothing. An example of an occult defect may be a refrigerator that seems to work well at the time of purchase, but which actually has an engine problem that occurs only after a few months of use. It is important to underline that the seller is required to ensure that the product complies with the description and characteristics indicated, even if the defect was not visible at the time of sale
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How to recognize an occult vice
Recognizing an occult vice isn’t always easy, but there are some signs to watch out for. First of all, if the purchased product has repeated problems or malfunctions, it could be a sign of a hidden defect. In addition, if the product has a much shorter lifespan than that indicated by the manufacturer, there may be a manufacturing defect. It is also important to pay attention to any abnormal noises or vibrations, which could be a symptom of a hidden problem. In general, if the purchased product does not work as it should or has anomalies, it is important to contact the seller as soon as possible to report the problem
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How to report a hidden defect to the seller
If you have recognized a hidden defect in the product purchased, the first step to take is to contact the seller to report the problem. In general, you can send a registered letter with a return receipt or an email, indicating the defect found and asking for a solution. The seller has the duty to respond within 30 days of receiving the report and must provide an appropriate solution, which may consist of repairing the product, replacing it with a new one or refunding the amount paid. If the seller fails to respond, you can go to a consumer association or the justice of the peace to protect your rights
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What to do if the seller doesn’t reply
If the seller does not respond within 30 days of reporting the hidden defect, various solutions can be used. First, you can contact a consumer association to request legal assistance and mediation between the parties. Alternatively, you can file a complaint with the justice of the peace competent for your area, who will have to assess the situation and decide whether to accept the consumer’s request. In any case, it is important to keep all the documentation related to the purchase of the product, including the tax receipt or the invoice, to prove the existence of the sales contract and the warranty of the
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How to protect yourself legally in case of an occult defect
In the event of a hidden defect, the consumer can legally protect himself through the legal guarantee of conformity, which is required by law and cannot be excluded by the seller. This warranty lasts two years from the date of purchase of the product and requires the seller to be responsible for the compliance of the product with the characteristics described and for any negative consequences resulting from a product defect. In the event of a hidden defect, the consumer can request the repair or replacement of the defective product, or a refund of the amount paid. In addition, the consumer can claim compensation for damages suffered due to the defect of the product, such as repair costs or the loss of profit due to the impossibility of using the product. In conclusion, the occult defect is a problem that can affect any type of product and that can cause significant inconvenience to the consumer. However, there are tools and solutions to report and resolve the problem, such as the legal guarantee of compliance and the possibility of appealing to the justice of the peace or consumer associations. It is important to know your rights and act promptly to obtain a satisfactory solution
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