What is the difference between a legal guarantee and a warranty?
The legal guarantee is a right you have by law against the seller, meaning the shop or online retailer you bought from. The seller is liable for defects that existed when the goods were delivered, even if they only show up later. In the EU, the Sale of Goods Directive (EU) 2019/771 sets the minimum rules, applied by national law since 1 January 2022: at least two years, with repair or replacement free of charge.
A commercial guarantee, often called a warranty, is a voluntary promise, usually from the manufacturer and sometimes from the seller. It can be free or cost extra. The guarantor decides what it covers, how long it lasts and how you claim. In the EU it is binding under its own terms and adds to your legal rights; it cannot replace them.
Under the directive, the guarantee statement must reach you on a durable medium, such as paper or a PDF, by delivery at the latest. It must state that you have free legal remedies against the seller, name the guarantor and explain how to claim. Missing details do not make the guarantee void.
| Feature | Legal guarantee | Commercial guarantee (warranty) |
|---|---|---|
| Basis | Law; in the EU based on Directive (EU) 2019/771 | Voluntary statement in the warranty card or advertising |
| Who is responsible | The seller | The guarantor, usually the manufacturer |
| Duration | At least two years from delivery; longer in some countries | As stated by the guarantor |
| What is covered | Defects that existed at delivery | What the guarantee terms list |
| Cost to you | Repair or replacement free of charge | Depends on the terms; some warranties are sold separately |
| Proof | For at least the first year, the defect is presumed to have existed at delivery | Depends on the terms; with a producer's durability guarantee, the producer must repair or replace for the whole period |
Since 27 September 2026, shops and online retailers in the EU must display a standard notice on the legal guarantee, for example as a poster near the till. A QR code leads to the rules in each country. A separate new label may only be used for a manufacturer's durability guarantee that is free, covers the whole product and lasts more than two years.
Fictional example: a blender after 15 months
Fictional example: Emma lives in Vienna. Fifteen months ago, in July 2025, she bought a blender from an electronics shop. Now the motor cuts out after a few seconds. The manufacturer's one-year warranty has expired, and the shop tells her to contact the manufacturer.
Under Austrian law the legal guarantee lasts two years from handover, so the shop remains responsible for nine more months. As the fault appeared after the first year, Emma may have to show it was there at purchase, so she keeps the receipt and a short video. She writes to the shop and asks for a repair. The shop agrees. As her contract was concluded before October 2026, the new 12-month extension after a repair does not apply to her blender.
Which rules apply in your country?
EU law sets minimum standards, and countries may offer more. The period starts on delivery. If a defect appears within the first year, it is presumed to have existed at delivery, and the seller has to prove otherwise; countries may extend this to two years. After that, proof is up to you, which the European Consumer Centre Germany notes is often difficult without an expert report.
| Country | Period | Presumption in your favour | Points to note |
|---|---|---|---|
| Germany | 2 years from delivery | 1 year | Second-hand goods: a shorter period, of at least 1 year, only if expressly agreed |
| Austria | 2 years from handover; claims time-barred 3 months later (VGG) | 1 year | Contracts concluded after 30 September 2026: 12 more months after a repair |
| Switzerland | 2 years for new goods | No EU rule; Swiss law applies | Report defects at once; terms may limit or exclude the guarantee but not shorten the period |
| France | 2 years, also for second-hand goods | 2 years for new goods | Repair or replacement within 30 days of your request; 12 more months after a repair |
| Italy | 2 years from delivery; court action within 26 months | 1 year | Claim against the seller; the manufacturer only if it sold to you directly |
| Spain | 3 years | 2 years for new goods | Second-hand goods: shorter period possible, at least 1 year |
Switzerland: EU law does not apply automatically; the rules are in the Swiss Code of Obligations. According to the government portal ch.ch, new products are covered by a two-year guarantee, and a shorter period may apply to second-hand goods. Sellers may not shorten these periods but may exclude the guarantee altogether or limit it to a right of repair. Read the terms before you buy and report a defect as soon as possible.
Second-hand goods: in the EU, a shorter period may be agreed for used goods, but not less than one year. Purchases from private individuals are not covered by these consumer rules.
How do you claim, step by step?
- Record the fault: take photos or a short video and note when it first appeared.
- Find proof of purchase: the receipt, invoice or order confirmation shows the date and the seller. A simple routine for this is in Store digital receipts every week.
- Choose the route: while the legal guarantee runs, contact the seller. Use the warranty as well or instead if it covers more or the legal guarantee has ended.
- Report the defect in writing: by email, letter or contact form, with the invoice or order number. Ask for repair or replacement.
- Keep track: note when you expect a reply and keep the seller's answer.
- Hand over the device: back up your data first if it has storage; see Sending a smartphone for repair.
Repair or replacement must be free of charge, carried out within a reasonable time and without significant inconvenience to you. You choose between repair and replacement. The seller may offer the other option if your choice is impossible or would cost disproportionately more.
If the seller does not repair or replace, refuses, or the defect returns, you may ask for a price reduction or end the contract and get your money back. You cannot end the contract for a minor defect; the seller has to prove that it is minor.
What should your complaint say?
A short, factual message is enough. Adapt this sample wording:
"Dear Sir or Madam, on [date] I bought [device, model] from you, invoice or order number [number]. Since [date] it has had the following defect: [short description]. Photos and proof of purchase are attached. I am exercising my legal guarantee rights and ask you to [repair / replace] the item free of charge. Please tell me by [date] how I can return it to you. Kind regards, [name]"
In France, Service-Public, the official administration portal, recommends a registered letter with acknowledgement of receipt. In Switzerland, write "notice of defect" in the subject line and send it straight after you discover the problem.
Tip: Keep your complaint, the reply and the photos together in one place. Keeping records of online orders shows a simple filing system.
What changed for repairs in 2026?
The EU Right to Repair Directive (EU) 2024/1799 amended the Sale of Goods Directive. If the seller fixes a defect by repairing the goods, the seller's liability period is extended once by 12 months. Before the repair, the seller must tell you that you can choose between repair and replacement and that a repair brings this extension. The seller may lend you a replacement device in the meantime. The change does not apply to sales contracts concluded before 31 July 2026.
Countries apply this through their own law. Austria, for example, applies it to contracts concluded after 30 September 2026. In France, Service-Public states that the legal guarantee is extended by 12 months after a repair. Switzerland is not bound by the directive.
Who can help if the seller says no?
For purchases from a business in another EU country, Iceland or Norway, the European Consumer Centre in your country of residence helps free of charge. For purchases at home, national consumer organisations and authorities are the first contact; in France, for example, you can report the problem on SignalConso and take the dispute to the seller's consumer mediator.
In Switzerland, the government portal ch.ch points to the E-commerce Ombudsman's Office for complaints about online purchases and to consumer organisations such as Konsumentenschutz. If a lot of money is at stake or the seller denies the defect entirely, get individual advice. This guide is not legal advice for your specific case.
Common mistakes
- Accepting "the warranty has expired" as the final answer: the legal guarantee against the seller may still be running.
- Letting the shop send you to the manufacturer without question: for the legal guarantee, the seller remains responsible.
- Reporting the fault only by phone: without a written complaint, it is hard to show later when you complained.
- Throwing away the receipt: without the purchase date and seller, every claim becomes harder.
- In Switzerland, delaying the notice of defect or skipping the terms, which decide your rights there.
Your checklist
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Common questions
Can the shop send me to the manufacturer?
For the legal guarantee, the seller remains responsible in the EU. According to the European Consumer Centre Germany, the seller may not send you away simply because the manufacturer's warranty has expired. You can still choose the warranty route if it is easier for you. In Switzerland, the contract and terms decide, so check what was agreed.
What if the fault appears after more than a year?
The legal guarantee keeps running, for at least two years in the EU and three years in Spain. After the first year, however, the defect is usually no longer presumed to have existed at delivery, so you may have to prove it. France and Spain keep the presumption for two years for new goods. A warranty can be easier here because it follows its own terms.
Is a paid extended warranty worth it?
It depends on what it adds. The European Consumer Centre Germany says it is only worthwhile if it offers real extra value. Compare its duration, covered damage and exclusions with your legal rights. If it only covers defects during the first two years, it largely overlaps with what the seller owes you anyway.
Does a repair extend the legal guarantee?
For sales contracts concluded from 31 July 2026, EU law provides that the seller's liability is extended once by 12 months after a repair. National laws apply this; in Austria, for example, it covers contracts concluded after 30 September 2026. Older contracts are not covered, and Switzerland is not bound by the EU rule.
Sources and further information
Primary sources from public authorities, consumer organisations and providers. A source may be in another language; follow the guidance that applies to your service and where you live.
- EUR-Lex: Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goodsSource review date:
- EUR-Lex: Directive (EU) 2024/1799 on common rules promoting the repair of goodsSource review date:
- European Consumer Centre Germany: Legal guarantee and warranty – what is the difference? (in German)Source review date:
- European Consumer Centre Germany: New EU guarantee label – consumer rights at a glance from 27 September (in German)Source review date:
- RIS (Austria): Consumer Warranty Act (VGG), current version (in German)Source review date:
- ch.ch (Switzerland): Returning or exchanging items in the store or onlineSource review date:
- Service-Public.fr (France): Achat d'un produit : garantie légale de conformité (in French)Source review date:
- Ministry of Enterprises and Made in Italy: Durata della garanzia legale per i beni nuovi e per quelli di seconda mano (in Italian)Source review date:
