Who has to prove what?
There it seems to me to be wrong; at least, I have learnt different.
Within the first six months the seller/manufacturer has to prove, that any defect has been caused by the consumer. After that 6 month period the consumer has to prove that he did nothing wrong and cause the defect himself.
The article states: *if your device becomes defective in the first 6 months, it is presumed that the defect was there all along, so you should not need to prove anything.
The directive states: Article 5.3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
The article stats: If your device becomes defective after the first 6 months, but before 2 years run out, you are still covered. The difference is only that if the defect arises now, the seller can claim that the defect was caused by some action that was triggered by non-normal use of the device. But in order to avoid needing to repair or replace your device, the seller has to prove that your action caused the defect
The directive states: Article 5.1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.
The directive states: Article 3.1-6
Rights of the consumer
- The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.
- In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, in accordance with paragraphs 5 and 6.
- In the first place, the consumer may require the seller to repair the goods or he may require the seller to replace them, in either case free of charge, unless this is impossible or disproportionate.
A remedy shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable, taking into account:
- the value the goods would have if there were no lack of conformity,
- the significance of the lack of conformity, and
- whether the alternative remedy could be completed without significant inconvenience to the consumer.
Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
- The terms “free of charge” in paragraphs 2 and 3 refer to the necessary costs incurred to bring the goods into conformity, particularly the cost of postage, labour and materials.
- The consumer may require an appropriate reduction of the price or have the contract rescinded:
- if the consumer is entitled to neither repair nor replacement, or
- if the seller has not completed the remedy within a reasonable time, or
- if the seller has not completed the remedy without significant inconvenience to the consumer.
- The consumer is not entitled to have the contract rescinded if the lack of conformity is minor.
So in EU we are protected and above all root does not void warranty.