Dear Snowfly,
The terms of our manufacturer’s warranty is indeed fully compliant with EU law.
Your assumption that it is in conflict with EU law seems to be based on a mixup of your legal warranty and you and the manufacturer’s warranty offered on a voluntary basis, which usually comes with additional benefits, but is subject to specific terms and conditions set by the manufacturer.
Your legal warranty for most purchases within the EU is 2 years, and if a defective item is sent for repair/replacement to your merchant within this timeframe, you should not be charged shipping costs; this of course is also true if you purchase directly from EVGA, as EVGA will be the merchant and the manufacturer in this scenario.
If you make use of a manufacturer’s warranty to gain additional benefits it offers or because your legal warranty has expired, the warranty terms and conditions set by the manufacturer will automatically apply.
Please note that flowing paragraph on the EU warranty page you linked:
“· My new phone doesn't work. Who do I contact, the trader or the manufacturer?
That depends on which of the
two types of product guarantee you want to invoke: the legal guarantee or the commercial guarantee.
The
legal guarantee is binding on the trader. It is valid for two years and covers products bought in the EU.
The trader or manufacturer may also provide you with a commercial guarantee, whose terms and conditions are explained in your contract; the terms of the manufacturer's commercial guarantee could present more advantages for you than the legal guarantee. The commercial guarantee does not replace the two-year legal guarantee. If you are given a one-year commercial guarantee when you buy a product, you can still use the two-year legal guarantee to claim redress from the trader after more than one year, but still within two years of purchase, on the basis of your legal guarantee.“
If you have any further questions, please let us know!
Kindest Regards,