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The EU two-year legal guarantee: what sellers owe you

By Covered Abroad Research Desk · Last verified July 2026

Under EU consumer rules you always have the right to a minimum 2-year legal guarantee from the moment you receive goods. If they turn out faulty or not as advertised, the seller must repair or replace them at no cost; if that is impossible or can't be done in reasonable time without significant inconvenience, you are entitled to a full or partial refund. A defect appearing within the first year is presumed to have existed at delivery.

Two years, from the moment you receive the goods

The Commission's guidance is unambiguous: you always have the right to a minimum 2-year guarantee from the moment you received the goods — and national rules in your country may give you extra protection on top. The clock starts at delivery, not at purchase or first use. This is the legal guarantee: it exists whether or not the shop sold you anything called a "warranty".

Source: Your Europe — Guarantees and returns (European Commission), read 6 September 2026.

The first year: the burden of proof flips

The detail that wins arguments: if a defect becomes apparent within 1 year of delivery, you don't have to prove it existed at the time of delivery — it is assumed that it did, unless the seller proves otherwise. In year one, the seller has to prove the product was fine; only later does the burden move to you. Put the delivery date in your claim, not the purchase date.

Source: Your Europe — Guarantees and returns, burden of proof, read 6 September 2026.

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The remedy ladder: repair, replace, then refund

If goods are faulty or do not look or work as advertised, the seller must repair or replace them at no cost. If that is impossible, or the seller cannot do it within a reasonable time and without significant inconvenience to you, you are entitled to a full or partial refund. The order matters — the refund is the second rung, not the first ask — but "reasonable time" and "significant inconvenience" are your levers when a repair drags on.

One caution from the same rules: a commercial guarantee the shop sells you is a separate, additional promise — it never replaces or shortens the two-year legal one.

Source: Your Europe — Guarantees and returns, remedies, read 6 September 2026.

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Common questions

Can I demand a refund straight away under EU consumer rules?

Not as the first step. The seller gets the chance to repair or replace free of charge; the full or partial refund becomes your right when that is impossible or can't happen within reasonable time and without significant inconvenience.

Does the 2-year guarantee cover second-hand goods?

The minimum two-year rule is the EU floor for goods, and national law can add detail — including specific arrangements traders may use for second-hand goods in some countries. Check your country's consumer authority page for the local variant before claiming.

The shop says the manufacturer handles it — is that right?

Your legal-guarantee claim is against the seller who sold you the goods. A manufacturer's commercial warranty is an extra route, not a replacement for the seller's two-year legal obligation.

Does this apply to things I buy as a resident abroad in the EU?

Yes — the legal guarantee is an EU-wide consumer right and applies to purchases from EU sellers regardless of which member state you moved to. It is one of the quiet perks of landing inside the single market.

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