1. Legal guarantee of conformity
All products sold by GM COMMERCE are covered by the legal guarantee of conformity provided for in Articles 114 et seq. of Spanish Royal Legislative Decree 1/2007 (TRLGDCU) and in Directive (EU) 2019/771.
GM COMMERCE is liable to the consumer for any lack of conformity existing at the time of delivery and becoming apparent within three years of that delivery, where the consumer is habitually resident in Spain. For consumers resident in other European Union Member States, the period laid down in their national law applies, which shall in no case be less than two years.
2. Presumption of lack of conformity
Unless proved otherwise, any lack of conformity that becomes apparent within two years of delivery is presumed to have existed at that time, without the consumer having to prove it.
3. Consumer rights
In the event of a lack of conformity, the consumer is entitled, free of charge, to:
- Repair or replacement of the product, at their choice, unless one of the two options is impossible or disproportionate.
- A price reduction or termination of the contract, where repair or replacement has not been carried out within a reasonable time, is impossible, causes significant inconvenience, or the seller has declared that it will not carry it out.
Repair or replacement will be carried out within a reasonable time and without significant inconvenience to the consumer. The cost of returning the non-conforming product is borne by GM COMMERCE.
4. Suspension of the period
The guarantee period is suspended while the consumer is deprived of the product for repair or replacement. A repaired or replaced product benefits from a new one-year guarantee period against the same lack of conformity.
5. Exclusions
The guarantee does not cover damage resulting from incorrect or negligent use, normal wear and tear, modifications or repairs carried out by unauthorised third parties, or accidents and causes external to the product.
6. How to claim
To invoke the guarantee, simply write to info@gmcommerce.es stating the order number, a description of the problem and, where possible, photographs or video of the defect. GM COMMERCE will reply and provide return instructions at no cost to the consumer.
The legal guarantee is separate from and additional to the 14-day right of withdrawal.