FAQs - Guarantees and returns
When does the 2-year legal guarantee start?
I bought a product online and the courier lost it. 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 provide 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 is sold together with software, then the software falls under the guarantee. If the problem lies with an application that you installed after buying the TV, it’s the responsibility of the supplier of the application.
Am I entitled to software updates when I buy a product with a digital element?
Yes. The updates should keep the product fit for its purpose and cyber-secure. They may be provided by third parties, but the seller is still liable if the updates fail. Upgrades are not covered.
My new smartphone doesn't work. Who do I contact, the seller or the manufacturer?
The 2-year legal guarantee applies to the contract with the seller. It covers products bought anywhere in the EU. You might have an extra commercial guarantee, the details of which will be explained in your guarantee statement. The commercial guarantee could be more advantageous than the legal guarantee, but it 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?
You are entitled to have the product replaced or repaired by the seller if the defect becomes apparent within 2 years of the delivery of the original product. The seller can offer to repair the product instead of replacing it if replacement would be disproportionately costly compared to repair and it does not cause you significant inconvenience.
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 or give you a price reduction or 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; it ends when the data is no longer supplied according to the contract. This does not affect the 2-year liability for the tangible 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 your local European Consumer Centre.
The seller in Spain is ready to repair my faulty camera, but who must pay for shipping it to them?
Within 2 years of purchase, defective products must be repaired or replaced without any cost to the consumer. This includes any shipping costs.
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 for 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.
What is the “cooling-off period”?
The cooling-off period is officially called the “right of withdrawal”. It means by law you have 14 days to change your mind after you order something online, by telephone, or otherwise outside a shop. The cooling-off period expires 14 days after the day you received your goods or, for service contracts, 14 days after the day you concluded the contract. If the cooling-off period expires on a non-working day, your deadline is extended till the next working day.
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 from 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 after their opening, 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 the 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.
I've changed my mind about a sofa bought on the internet and would now like to withdraw from the sales contract. Who has to pay to return the sofa to the seller?
Sellers have to inform buyers in advance if they expect them to pay for returning goods under the 14-day right of withdrawal. If they have not informed the buyer in advance, the seller will be required to pay for the cost of your return. When you buy bulky goods, the trader has to give you with an estimate of the cost of returning the goods before you conclude the sale.
To get access to a social media account, I gave my consent to use my photos 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 trader 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.
In case 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 an online meeting for a limited time 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.