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Liability outlives the warranty — 12-month presumption
Updated

🔧 Must the shop fix a faulty product in Finland?

Yes
Quick answer

Yes — 'the warranty expired' doesn't end the seller's duty. A warranty is a voluntary extra promise; statutory liability for defects is mandatory and lasts the product's reasonably expected lifetime: a thousand-euro washing machine should last years, whatever the warranty slip says. The 2022 reform strengthened buyers: a defect appearing within 12 months of delivery is presumed to have existed at handover, and the burden of proof sits with the seller. The remedy order is fixed: first repair or replacement within a reasonable time and free of charge, only then price reduction or cancellation. The claim always goes to the seller — they cannot bounce you to the manufacturer.

📋 The rules

  • Seller liability is statutory and mandatory — independent of any warranty and surviving its expiry.
  • It lasts the product's reasonably expected lifetime: price, quality and use decide (appliances typically several years).
  • The 12-month presumption: defects within a year of delivery are presumed original — the burden of proof sits with the seller.
  • Remedy order: repair or replacement within reasonable time free of charge → price reduction or cancellation when correction fails.
  • Claims go to the seller (not forcibly the manufacturer) — the seller can't offload you to a service company.

🔓 Exceptions

  • Normal wear, user error and use against instructions aren't defects — consumables such as battery decline are judged case by case.
  • Used goods carry liability scaled to age and price; private-to-private sales sit outside consumer protection.
  • Complaints must be made within a reasonable time — a notice given within two months of noticing the defect is always in time.

⚠️ Penalties

For a seller, dodging liability gets expensive by a detour: consumer advice, a Consumer Disputes Board recommendation and reputational damage. The board's rulings are followed almost always, even though they are not directly enforceable. The buyer's risk is time: complain within a reasonable period — two months from noticing the defect is always safe — and keep the receipt and a written complaint. The older the product, the more you must argue the fault isn't normal wear; after 12 months the presumption flips against you.

📎 Sources

Verified: 2026-07-12

❓ Frequently asked questions

One-year warranty, machine died at 14 months — am I stuck?

No — statutory liability continues past the warranty for the product's expected lifetime. A quality machine should last well over a year, so claim from the seller under liability for defects.

What does the 12-month presumption mean?

A defect appearing within a year of delivery is deemed to have existed at handover unless the seller proves otherwise. You therefore don't need to establish the cause — the burden is on the seller.

Do I get an instant refund?

Not primarily — the seller may attempt repair or replacement within a reasonable time and free of charge. Cancellation and price reduction follow only a failed or unreasonably delayed correction.

Seller or manufacturer?

The seller — they cannot steer you to the manufacturer, importer or a service company. A warranty may come from the manufacturer, but statutory liability always belongs to the seller.

How fast must I complain?

Within a reasonable time of noticing the defect. A notice within two months is always in time — make it in writing so the date can be proved later if the seller disputes it.

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