If you buy goods in the EU that later prove to be faulty, the good news is that you have strong consumer rights. Under Directive (EU) 2019/771, you are entitled to a minimum two-year guarantee at no cost, regardless of whether you buy the goods in-store or online.
What can I do if my purchase is faulty?
A business must sell you a product that, with normal use, works for a reasonable time. It should also match the description you were provided by the business and their marketing material.
If something you bought turns out to be faulty, you can ask the business for a repair or replacement. If this 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.
Most of the time, you will have no difficulty resolving the problem. The seller should know their obligations. They should know, for example that they must not:
- Charge you for repairs
- Charge you for a replacement
- Expect you to pay the costs of returning goods to them.
How long do I have to seek a remedy?
Under EU law, you have two years from when you received the product to seek a remedy, but it is important to contact the business as soon as you discover a fault. National rules in certain countries may give you extra protection. If you buy something from a company in Ireland, for example, you have up to six years to solve the issue, but this may not apply when buying from other EU countries.
What are my rights if the fault arises after one year?
If a problem occurs in the first year after a purchase, consumer law presumes that the problem existed from the time you received the item. After the first year, you may be asked to prove that the problem existed when you received it.
In most cases, a fault or other issue with an item is obvious and easy to prove. For online purchases, take pictures of the fault and send them to the seller. For more complex goods, you might need to get a professional report to show that there’s a problem. You may be asked to return the item to the seller. The seller must cover the cost of the return. They can ask you to cover the costs of the return upfront and refund you once they receive your return.
Who is responsible for resolving my issue?
When you buy something, the business that sold it to you is responsible for resolving any problem with the items you bought. You do not have to contact the manufacturer.
The retailer has said that I am out of warranty, is there anything I can do?
Guarantees and warranties are separate to your consumer rights. Your purchase might have come with a guarantee that says the manufacturer will provide spare parts, repairs or offer a free replacement for problems within a particular period following purchase. You can take the items back to the shop where you bought them, regardless of whether you have a guarantee or warranty.
What should I do if I can’t resolve the issue with the seller informally?
If you cannot resolve the issue informally, you may need to take formal action. Firstly, you should write to the business explaining what has happened. You can use our template letter to help you. Another option would be to claim the money back through chargeback if you paid for the goods with a credit or debit card.
Case study:
Sharon purchased a new laptop but after eight months, a fault arose. When she contacted the seller, they referred her to the manufacturer for a repair. Sharon read ECCI’s advice on our website and used our letter template to assert to the store that they had to deal with the issue, not the manufacturer.
Sharon requested a repair as she liked the laptop but it was no longer in stock. However, the seller did not stock the required parts for a repair. The seller offered a replacement higher spec model at no extra charge.