Your EU rights regarding legal guarantee and warranty
Warranty and the legal guarantee are often confused. However, there are important differences. We explain the deadlines and also when it is better for consumers to make use of one or the other.
Legal guarantee
In the EU, you are entitled to the statutory warranty. You have this right at least for two years after receiving a faulty service or product in Austria. Spain, Sweden and Portugal have even extended this period to three years. In the case of second-hand goods, the warranty may be reduced to one year. However, this must be clearly indicated when the purchase contract is concluded. A mere mention in the general terms and conditions is not sufficient.
Legal guarantee is mandatory for 2 years
Claims under legal guarantee are not to be addressed to the manufacturer, but to the seller. Within the first twelve months after purchase of the goods, the seller must prove that the defect was not already present at the time of sale. After that, the burden of proof lies with the consumer. In Austria, there is no time limit within which a defect must be reported. All claims expire after two years.
The defect can be inspected by an independent expert, such as a repair workshop. However, the seller is not obliged to recognise this expert opinion. In the event of a court case, the judge will decide whether the expert report is sufficient or whether he will commission a new one.
The consumer can demand free repair or replacement of the goods within a reasonable period of time. If this is not possible, the seller should refund or reduce the purchase price (under certain conditions). Once the product has been repaired or replaced, a new warranty period begins, again with a duration of two years.
Warranty
The warranty is a voluntary service provided by manufacturers, sellers or third-party providers. The latter are, for example, insurance companies or partner companies of the manufacturer. As a consumer, you should therefore always address your claims to the company from which you received the guarantee. In Austria, you must receive the warranty information either in writing or on a durable medium.
Voluntary guarantee by the company
The guarantee declaration must clearly itemise the following:
- Subject of the guarantee - what exactly does the guarantee cover?
- Important restrictions such as duration or geographical validity
- Information about the provider (contact details, address, company name, how the guarantee is to be invoked, etc.)
- Reminder about the statutory guarantee
Providers are free to determine the structure of the warranty, i.e. how long it applies, e.g. which defects or damage are covered, costs incurred, any excess, etc. In Europe, warranties are usually offered for one to five years. In most cases, this is two years, which is just as long as the statutory warranty.
Do not forget: Even if you make use of a guarantee, the statutory warranty still applies. You should therefore carefully consider whether the warranty offers you any added value. For example, if the warranty is granted for more than two years or if you receive a replacement device for the duration of a repair.
Despite the warranty offered, the legal guarantee is always the safer choice. If you make use of the warranty, it may happen that the dealer subsequently rejects a request for legal guarantee if, for example, the repair by the manufacturer failed under the warranty. You should therefore carefully consider whether the warranty offers you any added value. For example, if the warranty is granted for more than two years, if you cannot prove that the product was free of defects at the time of delivery, or if you receive a replacement device for the duration of the repair.
Which is better?
If you receive defective goods or services from another European country and the company ignores your legally protected warranty claims, feel free to contact us. The European Consumer Centre will advise and intervene free of charge and out of court. Simply fill out our complaint form.
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