Electronics retailers across Europe have a well-worn script: "the manufacturer's warranty only covers the first year — after that, you're on your own, or you can pay for an extended warranty." That script is legally wrong, and it relies on customers not knowing the difference between a manufacturer's commercial warranty and their statutory legal guarantee, which are two entirely separate things.
The 2-year floor, and why some countries go further
Directive (EU) 2019/771 sets a mandatory minimum: every new consumer good sold within the EU carries a legal guarantee of conformity lasting at least 2 years from delivery. This is a floor, not a ceiling — several member states have used their discretion under the directive to extend this further in national law (for example, some countries apply a 3-year period), so it's always worth checking your own country's specific transposition rather than assuming exactly 2 years applies everywhere. What never changes is who's responsible: this legal guarantee is owed by the seller you bought from, not the manufacturer, and not some overseas support centre you're redirected to.
The burden-of-proof reversal — arguably the strongest consumer protection in this framework
The most consequential part of this directive is a shift in who has to prove what. For defects that appear within the first year after delivery (and in some member states, for the full 2-year period), the law presumes the defect already existed at the time of delivery — the burden falls on the seller to prove otherwise, not on you to prove the product was faulty from the start. In practice, this means a retailer can't simply assert "you must have damaged it" — if they want to deny your claim on those grounds, they need to back it up with genuine technical evidence, which is expensive and rarely worth it for anything but higher-value goods.
What "non-conformity" actually covers
The legal guarantee isn't limited to products that are outright broken. It also covers goods that don't match their description, don't have the qualities the seller advertised or that you'd reasonably expect, aren't fit for the specific purpose you told the seller about (and which they accepted), or don't come with the accessories, instructions, or updates reasonably expected — this last point matters increasingly for smart devices, which is covered in more depth in our digital content guide.
The remedy hierarchy: repair or replacement first, then price reduction or termination
You don't get to pick a full refund as your first move in every case. The directive generally expects repair or replacement first, at no cost to you, within a reasonable time and without significant inconvenience. Only if that first remedy fails — the repair doesn't work, replacement isn't provided within a reasonable period, or the seller refuses both — do you gain the right to demand either a proportionate price reduction or termination of the contract, meaning a full refund.
What to say when a retailer pushes back
Present your proof of purchase and explicitly invoke the legal guarantee, not the manufacturer's commercial warranty. If staff try to redirect you to the manufacturer's own support process, you can point out plainly that EU law makes the seller responsible, and that redirecting you elsewhere doesn't discharge that obligation.
A note on commercial warranties layered on top
Nothing stops a manufacturer or retailer from offering an additional commercial warranty with its own terms — sometimes genuinely useful, sometimes just a paid version of rights you already have for free. The key distinction to hold onto: a commercial warranty can only add benefits beyond the statutory minimum, it can never take away or water down your legal guarantee rights.
Sources
- Directive (EU) 2019/771 — sale of goods, legal guarantee, burden of proof
- European Commission — Your Europe: Guarantees and returns