Guarantees and returns
Legal guarantee
Under EU rules, if the goods you buy turn out to be faulty or do not look or work as advertised, the seller must repair or replace them at no cost. If this is impossible or the seller cannot do it within a reasonable time and without significant inconvenience to you, you are entitled to a full or partial refund. You always have the right to a minimum 2-year guarantee from the moment you received the goods. However, national rules in your country may give you extra protection.
The 2-year guarantee period starts as soon as you receive your goods.
If a defect becomes apparent within 1 year of delivery, you don't have to prove it existed at the time of delivery. It is assumed that it did unless the seller can prove otherwise. In some EU countries, this period of “reversed burden of proof” is 2 years.
Goods bought from private individuals are not covered by these rules.
Commercial guarantees
Shops or manufacturers might offer you an additional commercial guarantee (also known as a "warranty"). This can give you better protection but can never exclude or reduce your rights under the minimum 2-year guarantee. The conditions should be laid down clearly in the commercial guarantee statement. If they are less advantageous than any advertised conditions, the more advantageous ones apply.
Sample story
Carla bought a hairdryer with a 6-month commercial guarantee. When it broke after 8 months, she took it back to the shop. The shop assistant told her that her guarantee had run out and that she was not entitled to a refund. Carla pointed out that she had a full 2-year guarantee free of charge under EU consumer protection law, and that the seller's 6-month guarantee only offered additional services. The shop agreed to replace the hairdryer.
Sample story
Sabine, who lives in Belgium, bought a smartphone from an online store in Germany. She downloaded a step-count app but it didn’t work well, so she asked the store to fix it. The store was not liable because the sales contract applied to the smartphone only. The store advised Sabine to contact the seller of the app.
Sample story
Johan bought a smart TV but 2 months later, one of the pre-installed apps would no longer open. He contacted the seller, who was obliged to provide him with the required software update.
Second-hand goods
Second-hand goods that you buy from a professional seller are also covered by the minimum 2-year guarantee. In some EU countries, you can agree with the seller on a guarantee period of less than 2 years. However, it must be no shorter than 1 year. This should be made clear at the time of purchase.
Digital content and digital services
You have a legal guarantee also when buying digital content and digital services like videos, music, mobile apps, video games or subscriptions to online news or cloud storage.
The rules apply even when you do not pay money for the digital content or service but consent to provide your personal data that the supplier uses to generate revenues, e.g. by serving you with online targeted advertising.
You always have the right to a minimum 2-year guarantee if the digital content or service turns out to be faulty, not as advertised or not working as expected. If the supplier cannot fix the content or service within a reasonable time, free of charge and without significant inconvenience to you, you can ask for a reduction in the price or to terminate the contract.
For any defect in a one-off purchase that becomes apparent within 1 year, it is assumed that it existed at that time of the sale, unless the supplier can prove otherwise. However, you can file a claim for a period of at least 2 years.
Continuous supply
In the case of continuous supply, such as cloud storage services, the supplier is responsible for any defect that becomes apparent throughout the time that the digital content or service is to be supplied (as laid down in the contract). For digital content or services provided on a continuous basis, the defect is assumed to have existed throughout that period.
The supplier should give you clear instructions on how to install the digital content or service, and the technical requirements that are needed to operate it.
Suppliers should also ensure that you get the necessary updates. For digital content or services provided on a continuous basis, updates should be provided during the whole period as laid down in the contract.
Your data in exchange for content or service
If you gave the supplier your personal data in exchange for digital content or a service but it's not working as advertised, you have the right to terminate the contract, even if the defect is minor. The supplier should stop using your data once the contract is terminated, and give you the option to take back any content that you created (for example, if a social media platform like Facebook allows you to have an account in exchange for your personal data and photos, videos and posts, they should stop using them as soon as you have terminated the contract).
Sample story
Adam paid to download a movie on his smart TV. However, the quality of sound was poor, even though he had made sure that his TV met the technical requirements. He contacted the supplier, who informed him that this quality issue cannot be fixed. As the movie had already been downloaded, Adam was not entitled to a refund.
Sample story
Alex downloaded a music streaming application on his tablet computer. Six months
later, he received an e-mail stating that an upgrade would be necessary to accommodate
the growing number of users. Existing customers could get the upgrade for free under
the terms of the contract, though there was no obligation to do so.
However, after the upgrade, the streaming speed has slowed significantly. Alex decided
to terminate the contract and get his money back. This is possible up to 30 days after
the update.
Right of withdrawal: a 14-day cooling-off period
If you buy a product or service online, by phone or from a seller at your doorstep
(in legal terms a “distance contract” or “off-premises contract”) you have the right
to withdraw. This means you can cancel the contract within 14 days without providing any justification (the "cooling-off period"). For goods this means 14 days from the date of delivery,
for services 14 days after the day the contract was agreed. If the cooling-off period
expires on a non-working day, your deadline is extended until the next working day.
Some EU countries give you 30 days to cancel a contract concluded during unsolicited doorstep selling
or commercial excursions.
Exceptions
Please note: the 14-day cooling-off period does not apply to:
- plane and train tickets, as well as concert tickets, hotel bookings, car rental reservations and catering services for specific dates
- perishable goods that expire rapidly, such as food or drinks with a short “use by” date
- goods made to order or clearly personalised – such as a tailor-made suit
- goods or services with fluctuating prices following global markets, such as household heating fuel
- fully delivered services, such as cleaning a terrace, if you expressly agreed to start immediately acknowledging you would lose the right of withdrawal
- sealed audio, video or computer software, such as DVDs, that you have unsealed
- online digital content, such as a song or movie, that you started downloading or streaming after you expressly agreed to lose your right of withdrawal by starting the performance
- urgent repairs and maintenance contracts, such as inviting a plumber to repair a leaking shower
Warning
In some EU countries you keep the right of withdrawal for some of these goods and services if they are bought during unsolicited doorstep selling or commercial excursions.Goods bought from a private individual are not covered by the right of withdrawal. So, pay special attention to the status of the seller (professional or private) when shopping on online marketplaces.
Where to get help
For more detailed information about your rights under national law, check the specific rules on legal guarantees and commercial warranties for the country where you made your purchase.
Choose country
If you have a problem with cancelling a contract or getting a repair or refund in another EU country, the European Consumer Centre in your country can help.
If you're not sure which situation applies to you, you can also try our consumer rights tool to help you understand your rights when you shop in the EU.