The legal guarantee is the minimum protection every consumer in the EU gets when buying goods from a business. If the product turns out to be faulty, or does not match what was promised, the seller has to put it right. It applies automatically, costs the consumer nothing and cannot be signed away.
The rules come from the Sale of Goods Directive (EU) 2019/771, which EU countries have applied since 1 January 2022. In everyday English it is often called the statutory warranty, but the legal term is the legal guarantee of conformity.
How the legal guarantee works
- Two years minimum. The seller is liable for any lack of conformity that existed at delivery and becomes apparent within two years (Article 10). EU countries may set longer periods. For second-hand goods, the parties may agree a shorter period, but not less than one year.
- Burden of proof. If a defect appears within one year of delivery, it is presumed to have existed at delivery, unless the seller proves otherwise (Article 11). EU countries may extend this presumption to two years.
- The seller is liable. The consumer claims from the business that sold the product. The seller can then seek redress from the manufacturer or another earlier link in the chain (Article 18).
The remedies, in order
- Repair or replacement. The consumer chooses between the two, unless the chosen remedy is impossible or would cost the seller disproportionately more than the other (Article 13). It must be free of charge, done within a reasonable time and without significant inconvenience. The seller takes back replaced goods at its own expense (Article 14).
- Price reduction or termination. The consumer can ask for a proportionate price reduction, or end the contract and get a refund, if the seller has not repaired or replaced the goods, the defect appears again, the defect is so serious it justifies this immediately, or the seller has said it will not fix it in a reasonable time. Termination is not available for a minor defect.
Legal guarantee vs commercial guarantee (warranty)
A commercial guarantee is a voluntary extra promise from the seller or the manufacturer, for example a three-year warranty or a lifetime guarantee on a part. Under Article 17 it binds whoever gives it. The guarantee statement must be given on a durable medium at the latest at delivery, name the guarantor, explain how to claim, and state clearly that the legal guarantee still applies in full.
So a brand's warranty sits on top of the legal guarantee. It can add time or cover, but it cannot shorten the two years or limit the consumer's remedies against the seller.
What changed in 2026
- Repair adds 12 months. The Right to Repair Directive amended the Sale of Goods Directive. For sales contracts concluded from 31 July 2026, when the goods are repaired as the remedy, the liability period is extended once by 12 months. Before providing a remedy, the seller must tell the consumer about the right to choose repair or replacement and about this extension.
- A harmonised notice. Under the Empowering Consumers Directive, traders must show a harmonised notice about the legal guarantee in a prominent manner. Its design is set by Commission Implementing Regulation (EU) 2025/1960, which applies from 27 September 2026. The same regulation sets an optional harmonised label for producers offering a commercial guarantee of durability longer than two years at no extra cost.
What it means for brands and manufacturers
The seller carries the legal guarantee, but defects flow back up the chain. Manufacturers usually end up paying for repairs, replacements and refunds through redress claims or retailer agreements. Selling direct to consumers makes the brand the seller, with full liability.
Good records make this manageable: when each product was sold and delivered, which unit it was, what went wrong and how it was fixed. Repair history matters even more now, because each repair can extend the guarantee for that unit.
How to prepare
- Check the period and presumption that apply in each country you sell to, not only the EU minimum.
- Write your warranty terms so they clearly add to the legal guarantee and include everything Article 17 requires.
- Update claim scripts to offer repair or replacement and to mention the 12-month repair extension for sales from 31 July 2026.
- Track repairs per unit, so the extended end date is known for each product.
- Show the harmonised notice in your shop and online from 27 September 2026.
How Veribl helps
Veribl lets customers register their product by scanning its QR code, keeps the proof of purchase with the registration, and runs warranty claims with repair, replacement and refund outcomes in one place. Warranty plans set how long coverage lasts, so your team sees at a glance whether a claim is in time.
See warranty management in VeriblOfficial sources
Frequently asked questions
What is the legal guarantee in the EU?
It is the consumer's right under Directive (EU) 2019/771 to a remedy when goods bought from a business do not conform to the contract. If a defect appears within at least two years of delivery, the seller must repair or replace the goods free of charge, or, where that fails, reduce the price or refund the consumer.
What is the difference between a warranty and a guarantee?
In EU law, the legal guarantee is the statutory right every consumer has against the seller for at least two years. A commercial guarantee, often called a warranty, is an extra promise a seller or manufacturer chooses to give. It binds whoever gives it, but it can never replace or reduce the legal guarantee, and its statement must say so.
Is the statutory warranty two years in every EU country?
Two years is the minimum. Directive (EU) 2019/771 allows EU countries to keep or introduce longer periods, and some do. The one-year presumption that a defect existed at delivery can also be extended to two years by national law.
Who is responsible for the legal guarantee, the seller or the manufacturer?
The seller. The consumer claims from the business that sold the goods. If the defect was caused by someone earlier in the chain, such as the manufacturer, the seller can seek redress from them under national law (Article 18).
Does repair extend the legal guarantee?
Yes, for sales contracts concluded from 31 July 2026. The Right to Repair Directive (EU) 2024/1799 amended the Sale of Goods Directive so that the liability period is extended once by 12 months when the goods are repaired. Before giving a remedy, the seller must tell the consumer about the right to choose between repair and replacement and about this extension.
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