Refund for a Defective Product

No general federal right to return/refund goods — the Magnuson-Moss Warranty Act (15 U.S.C. 2301 et seq.) only regulates written warranties where a business chooses to offer one; it does not require a refund or return policy.

Warranty rules

Magnuson-Moss does not require any business to provide a written warranty. Where a written warranty is offered, the business cannot disclaim or modify implied warranties, and a 'full warranty' designation entitles the customer to a replacement or refund if repair isn't possible. Remedies otherwise depend on the seller's own return policy and state consumer-protection/UCC implied-warranty law.

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Consumer Rights Act 2015, Part 1 Chapter 2

Short term right to reject

A 30-day window from delivery/taking possession of goods that don't conform to the contract, within which the consumer can reject them for a full refund.

Six month presumption

If the consumer chooses repair, replacement, price reduction or the final right to reject within the first 6 months, the fault is presumed to have been present at delivery unless the trader proves otherwise (or this is inconsistent with the circumstances, e.g. obvious abuse/misuse). No deduction can be made for use where goods are rejected within the first 6 months, except for motor vehicles.

After six months

The burden of proof shifts to the consumer to show the defect was present at delivery.

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Consumer Rights Directive 2011/83/EU (withdrawal right) and Directive (EU) 2019/771 (sale of goods legal guarantee)

Withdrawal right

Article 9(1) of Directive 2011/83/EU: for distance/off-premises contracts, "the consumer shall have a period of 14 days" to withdraw from the contract without giving any reason.

Legal guarantee

Article 10 of Directive (EU) 2019/771 ('Liability of the seller') makes the seller liable where a lack of conformity becomes apparent within two years of delivery (member states may set a longer national period).

Source 1 → · Source 2 →