EU Legal Guarantee: The 2-Year Rule for Online Sellers
Every product you sell to a consumer in the EU comes with a legal guarantee that you cannot switch off. If an item turns out to be faulty, the customer can come back to you, the seller, for a fix, even long after the 14-day return window has closed. This explainer covers how the 2-year rule works, who carries the burden of proof and how to handle claims without losing money or goodwill. It is general information, not legal advice.
Key takeaways
- Under the Sale of Goods Directive, consumers get a legal guarantee of conformity of at least 2 years from delivery. Some countries set a longer period.
- A defect that appears within the first year is presumed to have existed at delivery. In some countries that presumption lasts 2 years.
- The customer chooses repair or replacement first. Price reductions and refunds come next if that fails.
- A voluntary warranty is extra. It can never shorten or weaken the legal guarantee.
Many small sellers mix up three different things: the 14-day right of withdrawal, the legal guarantee and the manufacturer's warranty. They overlap in time, but they work very differently. The right of withdrawal lets a customer change their mind. The legal guarantee protects them when the product itself is not right. The warranty is a promise someone chooses to make on top.
The legal guarantee is the one that catches sellers off guard, because it lasts much longer and it sits with you, the seller, not with the brand that made the product. If you resell goods from a supplier, you are still the person the customer deals with.
What the legal guarantee is
The EU Sale of Goods Directive (2019/771) sets common rules for sales of goods to consumers across the member states. Its core idea is simple: goods must conform to the contract when they are delivered, and if they do not, the seller is liable.
"Conforming" means more than "not broken". Goods should generally:
- Match the description, type, quantity and quality you promised in your listing.
- Be fit for the purpose that goods of that type are normally used for.
- Have the durability, functions and safety a consumer can reasonably expect.
- Come with the accessories, instructions and, for goods with digital elements, the updates the customer can reasonably expect.
- Be fit for any particular purpose the customer told you about and you accepted.
Your product descriptions, photos and any claims in your marketing all shape what the customer can expect. A listing that says "waterproof" creates a promise the product must keep.
How the 2-year rule works in practice
The clock starts when the goods are delivered to the consumer, not when the order was placed. If a lack of conformity that existed at delivery becomes apparent within the guarantee period, the customer can ask you to put it right.
The burden of proof
This is where the rule bites. If a defect shows up within one year of delivery, it is presumed to have existed at delivery, unless you can prove otherwise or the presumption does not fit the nature of the goods or the defect. Some countries extend this presumption to two years. In practice, this means that during that period you usually cannot simply say "you must have broken it" without evidence.
After the presumption period ends, the customer can still claim within the guarantee period, but they generally need to show that the defect was there at delivery, for example that it is a manufacturing fault rather than wear or misuse.
Longer national periods
Because the directive sets a minimum, national laws differ. Some countries have longer guarantee periods or longer presumption periods, and national rules can also cover how quickly a consumer must notify you of a defect. If you sell into several countries, your exposure follows the law that applies to each consumer contract, which is often the consumer's own country when you target them. Check the national rules for your main markets on Your Europe or with a specialist.
Common mistake
Writing "No returns after 30 days" or "12-month guarantee only" in your terms for EU consumers. Terms like these cannot cut down the legal guarantee, and they can mislead customers about their rights, which creates a separate consumer law problem.
The remedies: repair, replacement, price cut or refund
The directive sets a hierarchy of remedies. Knowing the order helps you respond quickly and fairly.
- Repair or replacement. The consumer can first choose between having the item repaired or replaced. You can refuse the chosen option only if it is impossible or would cost you disproportionately more than the other one.
- Free of charge and within a reasonable time. The fix must be free for the customer, including shipping costs, and done without significant inconvenience to them.
- Price reduction or ending the contract. If repair or replacement is not possible, is refused, fails, or takes too long, the customer can ask for a proportionate price reduction or end the contract and get a refund.
- Minor defects. A consumer generally cannot end the contract for a lack of conformity that is only minor, though a price reduction may still be available.
For a small shop, the practical takeaway is to plan for repairs and replacements as the normal path. Know who can repair your products, whether your supplier will replace faulty units, and how you will get items back from customers in other countries.
Pro tip
Ask for photos or a short video before arranging a return. Many issues turn out to be setup problems that you can solve with clear instructions, and when the item really is faulty, the evidence helps you claim back from your own supplier.
Legal guarantee vs warranty vs right of withdrawal
These three protections are easy to confuse. The table below sets them side by side.
| Protection | Source | What it covers | Typical timing |
|---|---|---|---|
| Right of withdrawal | Consumer Rights Directive | Changing your mind about an online purchase, no reason needed | 14 days from receiving the goods |
| Legal guarantee | Sale of Goods Directive | Goods that do not conform to the contract at delivery | At least 2 years from delivery |
| Commercial warranty | Your own or the manufacturer's voluntary promise | Whatever the warranty terms say | As stated in the warranty |
A commercial warranty can be a good selling point. A longer warranty, free servicing or a no-quibble replacement promise can make your products stand out. But it is always in addition to the legal guarantee. It cannot replace it, reduce it or make the customer jump through extra hoops to use their legal rights.
If you offer a warranty, the terms should be clear and available to the customer, and they should make it plain that the legal guarantee applies regardless. Be careful with wording that suggests the customer has no rights once your warranty expires.
Example
Imagine you sell a wireless speaker to a customer in Belgium. Fourteen months later, it stops charging. Your product page offered a "1-year warranty", which has expired. The legal guarantee still runs, so the customer can come back to you. Because the defect appeared after the first year, depending on national rules, the question may become whether the fault existed at delivery. A charging fault with no sign of damage looks like a manufacturing issue, so offering a repair or replacement is likely the fair and lawful response.
Selling to UK customers
The UK is no longer covered by the EU directive. UK consumers have their own protections under the Consumer Rights Act 2015, with remedies for goods that are not of satisfactory quality, not fit for purpose or not as described. The structure differs from the EU rules in several ways, including short-term rights to reject faulty goods. If you sell to UK consumers, check GOV.UK guidance rather than assuming the EU model applies.
Setting up your shop to handle guarantee claims
Guarantee claims are a normal cost of selling physical goods. A clear process keeps them cheap and protects your reviews.
Policies and pages
- Explain the legal guarantee in plain words. A short section in your terms or a help page saying that consumers have statutory rights for faulty goods builds trust.
- Keep returns and faults separate. Your returns page covers the 14-day right of withdrawal. A separate "faulty item" page explains how to report a defect.
- Describe products accurately. Overstated claims expand what counts as non-conformity. Be precise about materials, capacity and compatibility.
Suppliers and costs
- Check your supplier terms. The directive lets sellers seek redress from earlier links in the chain, but how that works is set nationally and through your contracts. Negotiate defect replacement terms with suppliers in writing.
- Track defect rates by product. If one item generates a lot of claims, that is a product quality issue, not a customer service issue.
- Budget for cross-border logistics. Getting a faulty item back from another country, or sending a replacement, costs money. Factor it into your pricing.
Your legal guarantee action plan
- Remove any terms that limit faulty-goods claims to less than the legal period
- Add a clear "faulty item" process separate from your 14-day returns process
- Review product descriptions for claims you cannot back up
- Agree defect and replacement terms with each supplier in writing
- Set up a simple log of claims by product, fault type and outcome
- Check guarantee and presumption periods in your main EU markets
- If you offer a warranty, state that it is in addition to statutory rights
Frequently asked questions
Is the seller or the manufacturer responsible under the legal guarantee?
The legal guarantee is a claim against the seller, meaning the business the consumer bought from. You may be able to pass the cost back to your supplier or manufacturer, but the customer does not have to go to them.
Does the legal guarantee apply to second-hand goods?
Second-hand goods are generally covered too. Some member states allow the seller and consumer to agree a shorter period for used goods, within limits. Check the national rules before relying on that.
Does the legal guarantee cover normal wear and tear?
No. It covers a lack of conformity that existed at delivery. Wear and tear, accidental damage and misuse are not covered, although the presumption period means you may need evidence before refusing a claim.
Does it apply when I sell to businesses?
The Sale of Goods Directive covers sales to consumers. Business-to-business sales follow national contract law and your own terms, so the rules can be quite different.
Related reading
The bottom line
The EU legal guarantee means that what you sell to consumers must be right for at least two years, and you, as the seller, answer for it. Describe products honestly, plan for repairs and replacements, keep returns and faulty-goods claims separate, and treat any warranty you offer as a bonus on top of the law.
National rules vary on guarantee and presumption periods, and consumer law keeps evolving. Check Your Europe, the consumer authority in your main markets or a specialist adviser before you finalize your terms.
