What are my guarantees and warranties rights?
Have you purchased something from a seller in another EU country, Norway, or Iceland? Then you are entitled to a product or service that is sound. Does something break sooner than expected? Below, please read about the different forms of guarantees and warranties and what you can do if something you have purchased is faulty.
Legal guarantee
Legal guarantee is the standard guarantee you get when you buy a product in the EU. In most cases, you will get at least a 2-year guarantee when you buy a new product in the EU. But please note that the duration of the guarantee may vary between countries. In the Netherlands, for example, there is no fixed 2-year guarantee period. Dutch law states that the guarantee duration is dependent on the expected lifespan of a product. The properties of the product determine the period for which you may expect a guarantee. Are you buying a very expensive refrigerator, for example? Then you can expect it to last more than a few years.
Digital products and services
Since 2022, there are new gurantee rules for digital services and digital products with a digital element. This includes, for example, streaming services, e-books and smartwatches. Legal guarantee now also applies to these digital services and products. This means, for example, that you are entitled to updates and fixes if something does not work properly.
Conditions for legal warranty
There are a number of conditions for claiming your legal guarantee:
- you may not have caused the problem yourself
- you must report the problem to the seller within two months of discovering it
- there is 'non-conformity'
Non-conformity means that the product does not perform as can be expected. This depends on what was agreed between you and the seller during the purchase. For example, consider what the seller told you about the product or the description of the product in case of an online shop. A few examples:
- You have ordered a new black rug. When you open the packaging, you notice the rug is green.
- You buy a lawnmower but after only a few weeks it breaks. You have had the lawnmower serviced and it turns out to be a technical defect that existed before you purchased it.
- You order a complete set of kitchen utensils. When you open the packaging, you notice that one of the parts is missing.
Manufacturer's warranty
A manufacturer's warranty is the warranty offered by the manufacturer of your product. This is not the same as the legal guarantee. A manufacturer is not obliged to offer this warranty. Think of it as a favour and as an additional service. Does your product come with a manufacturer's warranty? Please read the warranty terms and conditions to see when, how and for how long this warranty applies.
Commercial warranty (seller's warranty)
A seller may offer you an additional warranty for an additional fee. The seller may then specify what is covered by this warranty. For example, insurance for damages caused by you or an extended warranty period. Please read the terms and conditions carefully to determine whether you actually want to buy this warranty.
Note: the seller cannot charge you for legal guarantee rights that you are already entitled to by law.
Choose your situation
Choose your situation
Did the product break within the legal guarantee period? In that case, you are entitled to free repairs or a replacement. Is it not possible for the seller to repair or replace the product? You may cancel the purchase (‘dissolution right') and you will be entitled to a refund.
Sample letter
Use our sample letter Faulty product: request a repair or replacement or Last chance: request a repair or replacement. Adapt the letter to your specific situation and send it to the seller.
#new-product-or-replacement
First, the seller must have had a chance to replace or repair your product. Is it not possible for the seller to repair or replace the product? In that case, you are entitled to a refund.
The solution offered by the seller should not cause you too much inconvenience. Does it take months to repair something? Or has a faulty product been repaired three times before, for example? You can then also ask for a new product or a refund.
Sample letter
Use our sample letter Faulty product: dissolution of the purchase agreement. Adapt the letter to your specific situation and send it to the seller.
#request-refund
The seller may offer you a voucher. But you do not have to accept this voucher. Are you entitled to a new product, a repair or a refund according to the rules on legal guarantees? Then you are allowed to ask for a repair or refund instead.
#voucher
Does a product break within 12 months? According to European law, it is automatically assumed that this product was faulty upon receipt. Does the seller claim the problem is due to a fault on your part? Within these 12 months, the burden of proof lies with the seller. This means that the seller must prove that you have caused the problem.
Cooling-off period
Have you ordered remotely (e.g. online or over the phone) and did the product break immediately or very soon after you received it? Then you can return it within your 14-day cooling-off period. Do let the seller know that the product is damaged or defective and that it was not your fault. Is the defect actually your fault and do you return it within the cooling-off period? Then the seller does not have to refund you the full amount.
#faulty-product
The seller must be given a chance to offer you a replacement product or repairs. But this must be a reasonable solution within a reasonable time frame. The solution offered should not cause you too much inconvenience. Does it take months to repair something? Or has a faulty product been repaired three times before, for example? Then you may ask for a replacement or a refund.
#not-satisfied-with-the-solution-offered
More information
More information
No, not if you are still entitled to a legal guarantee. Does the seller refer you to the manufacturer for warranty? You are not required to accept this. You have purchased something from the seller and, therefore, have an agreement with that particular seller. The seller must adhere to that agreement. Manufacturers are not obliged to provide a manufacturer's warranty: this is an extra service. The manufacturer's warranty does not change your right to a legal guarantee.
#seller-refers-me-to-the-manufacturer
No, the seller must offer you a solution for free if something breaks within the legal guarantee period. This means you do not have to pay for shipping costs, repair costs, spare parts, new installation costs, etc. Are you asked to return a product and does the seller not provide a shipping label? Discuss how the product has to be returned beforehand . Also let them know that you expect to be refunded for the shipping costs.
#shipping-costs
Does the product break after 12 months? Then the seller can ask you to prove that the product did not break due to a fault on your part. You can prove this by asking a recognised expert to draw up a report. The expert must be someone who is knowledgeable about the product and can prove it.
Consider the following situations:
- You purchase a car but it makes a strange noise. You ask a car mechanic if they can let you know what caused the defect.
- You purchase a leather bag but the lining is coming undone. You ask a shoemaker or leather goods specialist what caused the defect.
Having a report drawn up may involve costs. Make clear arrangements with the expert beforehand.
#prove
It is not obligatory to return a faulty product in its original packaging. Do you no longer have the original packaging? The seller cannot use this as a reason to deny your legal guarantee rights.
#original-packaging
No, you are entitled to a good product even during a clearance sale. However, the seller can sometimes limit the warranty for a particular product, for example a show model.
#warranty-sale-purchase
How we can help you
The European Consumer Centre informs you about your consumer rights in the EU, provides free legal advice for cross-border disputes, and offers mediation if you and a seller can’t reach an agreement. On our website, you’ll find clear information, practical tips, and sample letters to help you take the right steps.