In obligations and contracts, non-compliance refers to a deviation from the content of the obligation's program.
This is how it is defined in the civil sphere, but in contracts between businessmen and consumers the expression "lack of conformity of the product" is used; there is no talk of non-compliance.
Title IV and specifically Article 114 of the Revised Text of the General gambling data brazil Law for the Defense of Consumers and Users and other complementary laws (TRLCU) refers to consumer guarantees against a lack of conformity (a breach).
Article 114 TRLCU : The seller is obliged to deliver to the consumer and user products that comply with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product.
There is no liability for defects arising from or attributable to the consumer.
Its scope of application , according to article 115 TRLCU, is contracts for the sale of products and contracts for the supply of products.
The consumer has a period of two years from delivery to file a claim for lack of conformity (article 123.1 TRLCU).
The remedies available to the consumer in the event of non-conformity are called: " legal guarantee "
There are four remedies available to the consumer, listed in Article 118 TRLCU:
The right to repair the product
Right to replacement
At the price reduction
Termination of contract
On October 25, 2016, the Court of First Instance of Valladolid issued the first ruling ordering Volkswagen to pay compensation to a client.
The Volkswagen case came to light in 2015. The company deliberately installed software in its vehicles to avoid emissions limits. This software was installed in vehicles sold between 2008 and 2015. Roughly speaking, this is what happened: Volkswagen violated environmental regulations and it has affected millions of vehicles around the world.
In Spain, the first ruling has been issued in favor of the consumer, but before this there have been 5 rulings that have rejected the claims of the plaintiffs.