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Your rights when a product breaks: EU warranty rules explained
In the EU, sellers must fix faulty goods for at least two years. Learn how the legal guarantee works, who must prove what, and how repair, replacement and refunds apply.
Bitezine Editorial TeamRankings, reviews & guides 6 min read
AI generatedEU warranty rules give you strong protection when something you bought stops working. Across the European Union, a seller is responsible for faults that existed when you received the goods and that show up within at least two years. This is called the legal guarantee, and it applies whether you bought in a shop or online.
This article explains how the legal guarantee works, what you can ask for and how it differs from the extra warranty a manufacturer may offer. It is general information, not legal advice. Details vary between member states, so check your national consumer authority or a lawyer for your specific case.
What is the EU legal guarantee?
The legal guarantee is a minimum right set by EU consumer law. When you buy goods from a business, the seller must deliver products that match the contract: they must work as described, be fit for their normal purpose and have the quality and durability you can reasonably expect.
If goods turn out to be faulty, the seller is liable for any lack of conformity that becomes apparent within at least two years of delivery. The guarantee is free, automatic and cannot be removed by the seller's terms and conditions. Individual countries may give longer periods, and some do.
- Applies to purchases from businesses, not private sellers
- Covers shop, online, phone and distance sales
- Includes goods with digital elements, such as smart devices
- The claim is against the seller, not the manufacturer
Who has to prove the fault? The burden of proof period
Timing matters. If a defect appears within one year of delivery, the law presumes it already existed when you received the product. The seller then has to prove otherwise, for example by showing the damage was caused by misuse or an accident.
Some EU countries extend this presumption to two years. After the presumption period ends, you may need to show that the fault was present at delivery, for instance with an expert report or evidence that the problem is a known defect. Normal wear and tear, misuse and accidental damage are not covered.
A commercial warranty adds to your legal rights; it never replaces them.
Repair, replace or refund: in what order?
EU rules set a clear order of remedies. First, you can choose between repair and replacement. Either must be free of charge, completed within a reasonable time and without significant inconvenience to you. The seller can refuse your choice only if it is impossible or disproportionately costly compared with the other option.
You move to the second level, a price reduction or ending the contract for a full refund, if the seller refuses or fails to repair or replace, if the same fault comes back, if the defect is so serious that an immediate refund is justified, or if the seller makes clear it will not fix the problem in reasonable time. For minor faults, ending the contract may not be allowed, but a price reduction usually is.
- Step 1: repair or replacement, free of charge
- Step 2: price reduction or refund if step 1 fails or is refused
- Costs such as shipping or collection of the item must be covered by the seller
Legal guarantee vs commercial warranty: what is the difference?
A commercial warranty (often called a manufacturer's warranty or extended warranty) is a voluntary extra promise from a manufacturer or seller. It may be free or paid, and it can cover things the legal guarantee does not, such as accidental damage, or last longer than two years.
A commercial warranty adds to your rights; it never replaces them. A seller cannot tell you to deal only with the manufacturer while the legal guarantee still applies, and it cannot sell you an extended warranty by suggesting you would otherwise have no protection. Its terms must be clear, and if an advertisement promised better conditions than the warranty document, the more favourable terms generally apply.
What the EU right to repair directive adds
The EU right to repair directive (Directive (EU) 2024/1799) strengthens repair as an option. When you choose repair under the legal guarantee, the seller's liability period is extended by 12 months, which gives you a reason to keep a product rather than replace it. Member states can offer further incentives.
The directive also requires manufacturers of certain products, such as washing machines, dishwashers, fridges, vacuum cleaners, smartphones and tablets, to offer repair at a reasonable price and within a reasonable time even after the legal guarantee has ended. It limits practices that block independent repair, introduces an optional European Repair Information Form so you can compare offers, and sets up a European online platform to help you find repairers. Because these rules are applied through national law, check how your country has put them into practice.
Does the legal guarantee cover second-hand goods and online purchases?
Second-hand goods bought from a business are covered. Some countries allow the seller to agree a shorter liability period with you, but it cannot be less than one year and must be made clear before you buy. Items bought from private individuals are usually not covered by the legal guarantee.
Online and distance purchases carry the same two-year legal guarantee. They also come with a separate right: you can usually withdraw from the contract within 14 days without giving a reason. Buying from a seller outside the EU can make enforcement harder, even if the seller targets EU customers.
How to claim under the EU warranty rules
Act as soon as you notice the fault. Some countries require you to inform the seller within a set time, often two months after discovering the problem, so do not wait.
- Stop using the product if continued use could make the damage worse
- Find your proof of purchase: receipt, invoice, order confirmation or bank statement
- Take photos or videos of the fault and write down when it started
- Contact the seller in writing, describe the defect and say whether you want repair or replacement
- Keep copies of all messages and note any deadlines the seller gives
- If the seller refuses, contact your national consumer organisation or the European Consumer Centre in your country for cross-border disputes
Frequently asked questions
Is the EU warranty always two years?
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Two years is the minimum legal guarantee across the EU for new goods bought from a business. Some countries set longer periods, and second-hand goods may have a shorter agreed period of no less than one year in some countries. Commercial warranties are separate and can be longer or shorter.
Do I contact the seller or the manufacturer when a product breaks?
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Under the legal guarantee, your claim is against the seller who sold you the product. You may also use a manufacturer's warranty if one exists, but the seller cannot refuse its legal responsibility by sending you to the manufacturer.
Can a shop refuse to refund a faulty product?
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A seller can usually offer repair or replacement first rather than an immediate refund. If the repair or replacement fails, is refused, takes too long or the fault is serious, you can ask for a price reduction or a refund. For very minor defects, a full refund may not be required.
Do I need the receipt to make a warranty claim?
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You need proof that you bought the product from that seller and when. A receipt is easiest, but an invoice, order email or card statement can also work. Keep proof of purchase for at least the length of the guarantee.
Does the legal guarantee cover accidental damage or wear and tear?
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No. The legal guarantee covers faults that existed at delivery, including poor durability. It does not cover damage caused by accidents, misuse or normal wear. A commercial warranty or insurance may cover those situations.
Does repairing a product extend the EU warranty?
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Under the EU right to repair directive, choosing repair under the legal guarantee extends the seller's liability by 12 months. Some countries already had similar or longer extensions, so check your national rules.
When something breaks, remember three points: the seller is responsible for at least two years, the seller has to prove misuse for faults that appear in the first year, and repair or replacement comes before a refund. A commercial warranty is a bonus on top of that, never a substitute. Keep your proof of purchase, complain in writing and ask your national consumer body for help if you get stuck. This guide is general information and not legal advice.
How we research: Guides are written from established sources and checked for accuracy. They are general information, not professional advice.
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