FAQs - Guarantees
When does the 2-year legal guarantee start?
The 2-year legal guarantee period starts on the day you receive the product, whether you take it immediately from a physical shop or have it delivered. Always keep your sales receipts and any delivery statements. It might be a good idea to make a copy of any receipts in case they fade and become illegible over time.
I bought a product online and it was lost by the delivery company. Can I get my money back?
Unless you organised your own delivery, the seller is responsible for the goods until they arrive at your door. If the item doesn’t arrive, the seller must organise a replacement or give you a refund.
My smart TV stopped working but the seller says software problems are not covered by the legal guarantee. Is that true?
No. If a product comes with software, then the software falls under the guarantee. If, however, the problem stems from software that you installed after buying the TV, then responsibility lies with whoever sold you the software.
Am I entitled to software updates when I buy a product with a digital element?
Yes. Software updates should ensure that the product remains usable and cyber-secure. Updates might be provided by third parties, but the seller remains responsible if the updates fail. Note that upgrades are not covered.
My new smartphone doesn't work. Who should I contact: the seller or the manufacturer?
The 2-year legal guarantee applies to your contract with the seller, not the manufacturer (no matter where they are located in the EU). As part of the contract, you might have an additional guarantee, called a commercial guarantee, which might offer additional benefits that go beyond the standard 2-year legal guarantee. However, the commercial guarantee does not replace the legal guarantee.
I bought a smart watch but it didn’t work. The seller sent me a replacement but it was also faulty. Do I have the right to get it replaced again?
Yes. You are entitled to have the product replaced or repaired by the seller if the defect becomes apparent within 2 years of delivery. The seller can offer to repair the product instead of replacing it if replacement is disproportionately costly compared to repair and does not cause significant inconvenience to you.
I bought a smartphone just over a year ago and it has stopped working. The trader refuses to fix it for free. Do I have a 2-year legal guarantee?
The legal guarantee is valid for a period of 2 years throughout the EU and covers any defects that existed at the time of delivery and which become apparent within a period of 2 years.
If the defect becomes apparent within 1 year of delivery, you don’t have to prove that it existed at the time of delivery. The seller must repair or replace the product, give you a price reduction, or offer you your money back. It is assumed that the defect already existed unless the trader can prove otherwise. In some EU countries, this period may be 2 years.
Note: if the digital element is supplied continuously for more than 2 years, e.g. navigation software in a GPS device, then the period of liability is extended and ends when the data is no longer supplied according to the contract. This does not affect the 2-year liability for the product itself.
I live in Portugal and I bought a camera in Spain. It doesn't work. What should I do?
If you still have the receipt, you can ask to have the camera repaired or replaced. If this is not possible, you should get a refund. If you don't get a satisfactory response from the seller, you can contact the national consumer protection authority in the country where you reside.
My computer, bought just over a year ago, won't start any more. The seller agrees that it is defective, but won't repair it for free because the manufacturer's guarantee is only valid for one year. What can I do?
The guarantee your seller is referring to is the manufacturer's commercial guarantee. This has nothing to do with your legal guarantee, which is binding on the seller and lasts for 2 years. If the seller agrees that your computer is faulty, they are obliged to replace or repair it free of charge. If replacement or repair is not possible, you can get a refund. If you don't get a satisfactory response from the seller, you can contact the national consumer protection authority in the country where you reside.
I bought a wardrobe and one of its doors won't shut properly. I would like the trader to replace the wardrobe. However, they refuse and are instead offering to fix the faulty hinge. Why don’t they let me choose replacement?
You can choose whether to have a defective product repaired or replaced unless your choice turns out to be impossible or disproportionately expensive for the seller. In this case the replacement of the whole wardrobe may well be disproportionately expensive compared to the repair of the hinge. Moreover, if the fault is minor, as in this case, then opting for a repair might be the quickest solution.
A few months after buying it, my new leather sofa is starting to fade. The trader claims this is due to my sweat, but I don't agree. What can I do?
During the 2-year guarantee period, the trader is responsible for any fault in the product. You must be able to use your sofa normally without any faults appearing.
However, leather is a delicate material which can be easily damaged by sweat or by using the wrong cleaning products. In cases like these, the seller must inform you when you buy the goods whether they need to be treated in a particular way.
Can I return an item or cancel a service that I've ordered online if I don't want it?
Yes. You can exercise your right of withdrawal from the online contract within 14 days of the delivery of the goods or the conclusion of the service contract. However, this doesn’t apply to things like perishable goods or sealed goods that have been opened, plane and train tickets, concert tickets, hotel bookings, car rental reservations and catering services for specific dates.
Warning! If you purchase digital content such as music or a video online, you can't withdraw once downloading or streaming has started if: (1) you gave your consent to begin the performance immediately, before the expiration of the 14-day withdrawal period; (2) you acknowledged that you would lose your right of withdrawal as a result of the immediate performance; and (3) the supplier provided you with confirmation of your consent and acknowledgement.
Do I have the same rights if I buy something online from a non-EU website as from an EU-based business?
If you buy the goods from a non-EU website, your EU consumer rights don’t automatically apply. If something goes wrong with an item or you wish to return it, it may be more difficult to get the issue resolved. Check the seller’s website for terms and conditions.
To get access to a social media account, I gave consent for my photos to be used for marketing purposes. But 9 months later, a bug appeared in the social media software that made login difficult. What are my rights in this case?
In many cases, consumers don't pay money to access digital content or digital services, but they do provide personal data to the "seller" instead. Consumers have the right to a remedy when digital content or a digital service is faulty, regardless of whether they paid for it with money or only provided personal data.
If a defect appears in the digital content or digital service for which you have provided data, you have the right to terminate the contract even when the defect is minor. Under certain conditions, the supplier should stop using your data after the termination of the contract and allow you to retrieve it.
I paid to consult a lawyer but we only had a very short online meeting and I was left with many questions. Can I ask for my money back?
No. The rules on digital content and services don’t cover online services related to traditional sectors such as legal consultations, financial services, or healthcare services (e.g. online prescriptions).
What are my rights when I buy goods from an online auction site?
When you buy something at an internet auction from a professional trader, you have the same consumer rights as for any purchases from normal websites. If you buy goods from a private individual rather than a company, as is often the case with online auctions, your purchase is not covered by EU consumer rules.