The contract promised one thing. The business delivered another. EU law calls this "lack of conformity," and it comes with a specific, ordered set of remedies you're entitled to — not a vague right to complain.
The 2-year guarantee behind every EU purchase
Under Directive (EU) 2019/771, a seller is liable for any lack of conformity that exists at the time of delivery and becomes apparent within two years of that time — even if the fault only shows up later, as long as it existed at delivery. This legal guarantee exists independently of any commercial warranty the manufacturer offers, and applies across every EU member state as a minimum floor. Some countries go further: France extends its guarantee to 27 months for products bought since January 2022, and the Netherlands applies a "reasonable durability" concept that can extend protection beyond two years depending on a product's expected lifespan.
The remedy hierarchy: repair or replace comes first
You don't get to demand a refund immediately. The first stage entitles you to choose between repair and replacement, free of charge, within a reasonable time and without significant inconvenience — unless your chosen option is impossible or would impose disproportionate costs on the seller compared to the alternative. Only if repair or replacement isn't completed properly, isn't completed at all, or the seller refuses do you move to the second stage: a proportionate price reduction, or terminating the contract for a refund.
When you can skip straight to a refund
You're entitled to jump directly to a price reduction or termination — without waiting through a repair attempt first — if the lack of conformity is serious enough to justify immediate termination, if the seller has stated (or it's clear from circumstances) they won't fix it, or if the same defect reappears after a repair attempt. This last point matters in practice: a second failed repair attempt on the same issue is itself grounds to stop waiting.
A recent change worth knowing: choosing repair can extend your guarantee
An amending directive, (EU) 2024/1799, updated the rules to promote repair over replacement — where you're given a choice between the two and opt for repair, your guarantee period is extended once by an additional 12 months. This is a direct incentive for consumers to choose the more sustainable repair option without losing protection time by doing so.
How to document a non-conformity claim
- Identify exactly what the contract or product description promised versus what was actually delivered.
- Note the date you discovered the issue, and whether it falls within the 2-year (or longer, in some countries) guarantee window.
- Choose your preferred remedy — repair or replacement — and communicate it to the seller in writing.
- If repair/replacement fails, isn't completed in reasonable time, or the seller refuses, formally request a price reduction or termination.
- Keep all correspondence and any documentation of a failed repair attempt — this is what supports skipping straight to a refund if the defect recurs.
When to escalate to ADR or a consumer authority
If the seller doesn't cooperate with the remedy process, most EU countries have an alternative dispute resolution (ADR) scheme for consumer disputes, and cross-border cases within the EU can be supported through the European Consumer Centres Network (ECC-Net). Escalating doesn't require abandoning your legal remedy — it's the mechanism for enforcing it when direct contact with the seller doesn't work.
What this means practically
- A 2-year minimum legal guarantee applies across the EU regardless of any manufacturer warranty — some countries extend this further.
- You must generally allow the seller to attempt repair or replacement first, before moving to a price reduction or refund — unless a specific exception applies.
- A serious defect, a seller's refusal, or a repeat failure after a repair attempt lets you skip straight to a price reduction or termination.
- Choosing repair over replacement, where offered a genuine choice, can now extend your guarantee period by an additional 12 months.
Sources
- ComplaintPilot — Faulty Product Rights in the EU, Directive 2019/771 remedy hierarchy: complaintpilot.com
- EUR-Lex — Consumer sales and guarantees, Directive (EU) 2019/771 and amending Directive (EU) 2024/1799: commission.europa.eu
Related Kibbo Tools
- Contract Breach Checklist — document the specific obligation broken and your evidence.
- Contract Dispute Evidence Pack — organize your full case if the remedy process doesn't resolve things.
- Contract & Demand Letter Generator — formally request repair, replacement, or a refund in writing.