Repair PassportBeing validated · not yet a commercial service

Guide · Consumer rights

Commercial warranty vs legal guarantee: EU consumer rules explained

“Warranty” and “guarantee” are often used as if they were the same thing. Under EU consumer rules they are not: one comes from the law, the other is an extra promise. This page explains the difference at EU level.

Jurisdiction
European Union — EU-level consumer rules
Reviewed / updated
General information, not legal advice. This page summarises EU-level rules only. National law can add to them and differs between countries, and the outcome of a real case depends on its facts. For your situation, check the rules of the country that applies, and ask the seller, your national consumer authority or a qualified adviser.

Two different things

Legal guarantee

A right that comes from the law. When you buy goods from a trader as a consumer, the seller is responsible if the goods do not conform to the contract — for example if they are faulty or not as described. You do not have to buy anything extra to have it.

Commercial warranty (commercial guarantee)

An additional, voluntary promise made by the seller or the producer, on the terms set out in its guarantee statement. It comes on top of the legal guarantee and does not replace it.

The legal guarantee under EU rules

  • Under Directive (EU) 2019/771, which has applied since 1 January 2022, the seller is liable for a lack of conformity that existed when the goods were delivered and becomes apparent within two years of delivery. Your Europe describes this as a “minimum 2-year guarantee”.
  • EU countries may keep or introduce longer periods in national law, so the period in a particular country may be longer.
  • If a defect appears within one year of delivery, it is presumed to have existed at delivery unless the seller proves otherwise; some countries apply two years.
  • The first remedies are repair or replacement free of charge — the consumer can choose, unless the choice is impossible or disproportionate. In certain cases the consumer can instead get a price reduction or end the contract and get a refund.

The EU rules set a common baseline across the EU. On some points — such as how long the seller is liable — they explicitly allow a country to give consumers more protection, which is why national rules matter.

The commercial warranty

  • It is binding on whoever offers it (the seller or the producer), under the conditions in its guarantee statement.
  • It cannot exclude or reduce your legal guarantee rights. The guarantee statement must say that the consumer is entitled by law to free remedies from the seller for a lack of conformity, and that the commercial warranty does not affect them.
  • It may cover more than the law does — a longer period, or extra services — depending on its terms.

Who these rules cover

  • They cover sales by a trader to a consumer. Goods bought from a private individual are not covered by these EU consumer-sale rules; national law may still say something about private sales.
  • Second-hand goods bought from a trader are covered too. EU countries may allow the seller and the consumer to agree a shorter period for second-hand goods, but not less than one year, and may exclude second-hand goods sold at public auction.

Repairs under the legal guarantee, from 31 July 2026

Directive (EU) 2024/1799 changes the 2019 rules for sales contracts concluded on or after 31 July 2026: where the goods are brought back into conformity by repair, the seller's liability period is extended once by 12 months, and the seller must tell the consumer about the choice between repair and replacement and about this extension. How each country applies it depends on its national rules, so check them for your case.

Side by side

Legal guaranteeCommercial warranty
Where it comes fromThe lawA voluntary promise (contract)
Who is responsibleThe sellerWhoever offers it: seller or producer
Cost to youIncluded by law; remedies are free of chargeDepends on the offer
LengthAt least two years at EU level for trader-to-consumer sales; longer in some countriesAs stated in the guarantee statement
Can it reduce your other rights?—No: it cannot exclude or reduce the legal guarantee

Why your records matter

Whichever applies, you will usually need to show when and where you bought the product, and what went wrong. Keep the receipt, the guarantee statement and every repair record together.

How to document a repair, with receipts and warranty details

Official sources

  1. Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods (EUR-Lex)
  2. European Commission — Consumer sales and guarantees
  3. Your Europe — Guarantees and returns for goods bought in the EU
  4. Directive (EU) 2024/1799 on common rules promoting the repair of goods (EUR-Lex), Article 16