Thread: Jolla C
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pichlo's Avatar
Posts: 6,445 | Thanked: 20,981 times | Joined on Sep 2012 @ UK
#116
Regarding the warranty or the lack thereof. That is how I see it, although IANAL so it may all be a load of bull. You have been warned.

I believe nieldk and others are referring to the EU directive 1999/44/EC. It mandates a compulsory minimum warranty period of 2 years within the EU from the day of delivery of the goods.

However, as any other law, it has a few loopholes. For example, a consumer is defined as, "any natural person who, in the contracts covered by this Directive, is acting for purposes which are not related to his trade, business or profession". This is not applicable in this case unless buying Jolla C is related to your business, which is unlikely. But it does highlight just one of a number of exceptions: the 2 years warranty applies if Johnny Carrot the bloke down the road buys a hammer to use in his house but not if the same Johnny Carrot the plumber buys the same hammer for his plumbing business.

More of an interest may be this clause:
(b) consumer goods: shall mean any tangible movable item, with the exception of:
- goods sold by way of execution or otherwise by authority of law,
- water and gas where they are not put up for sale in a limited volume or set quantity,
- electricity;

Please note the "tangible movable item". The product Jolla is selling is not a tangible movable item. It is a one year subscription fee to the development programme. They are loaning you the device to participate in that programme. It does not, however, exonerate them from providing the warranty. By giving you a device as part of the programme, they indicate that the device is an integral part of that programme and that the programme cannot continue without the device. If the device breaks, they either have to fix or replace it or they have to end your subscription, in which case you should be eligible for a refund of an aliquot part of your subscription fee.
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