Key Terms
- Conformity
- The state in which goods meet both the subjective requirements agreed in the contract [Art. 6] and the objective requirements normal for goods of the same type [Art. 7], including durability, functionality, compatibility, security, and — from 31 July 2026 — repairability.
- Goods with digital elements
- Tangible movable items that incorporate or are interconnected with digital content or a digital service in such a way that the absence of that digital content or service would prevent the goods from performing their functions [Art. 2(5)(b)].
- Commercial guarantee
- Any undertaking by a seller or producer to the consumer, beyond the legal guarantee of conformity, to reimburse the price paid or to replace, repair, or service goods if they do not meet the specifications set out in the guarantee statement [Art. 2(12)].
- Lack of conformity
- A defect or shortcoming in goods that fail to meet the subjective requirements of the contract [Art. 6], the objective requirements for goods of the same type [Art. 7], or the requirements regarding correct installation [Art. 8].
- Durability
- The ability of goods to maintain their required functions and performance through normal use [Art. 2(13)].
- Right of redress
- The seller's right to pursue remedies against the person in previous links of the chain of transactions who is responsible for the lack of conformity, including for failure to provide required updates [Art. 18].
- Reversed burden of proof
- The legal presumption that any lack of conformity appearing within 1 year (or up to 2 years per Member State choice) of delivery already existed at the time of delivery, placing the burden on the seller to prove otherwise [Art. 11].
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Frequently Asked Questions
How long is a seller liable for a defective product under this Directive?
The seller is liable for any lack of conformity that becomes apparent within 2 years of delivery [Art. 10(1)]. For goods with digital elements supplied continuously, the liability period extends to the entire supply period if longer than 2 years [Art. 10(2)]. Member States may maintain or introduce longer periods [Art. 10(3)].
What changes does the Right to Repair Directive (2024/1799) make to the sale of goods rules?
Directive (EU) 2024/1799 adds repairability as an objective conformity criterion [Art. 7(1)(d) as amended], extends the seller's liability period by 12 months when repair is chosen [Art. 10(2a) as inserted], requires sellers to inform consumers about the choice between repair and replacement plus the liability extension [Art. 13(2a) as inserted], and allows sellers to provide refurbished goods as replacements at the consumer's explicit request [Art. 14(1) as amended]. These changes apply to contracts concluded from 31 July 2026 [Dir. 2024/1799 Art. 21].
Who bears the burden of proof when a consumer claims a product is defective?
Any lack of conformity becoming apparent within 1 year of delivery is presumed to have existed at the time of delivery — the burden of proof is on the seller to demonstrate otherwise [Art. 11(1)]. Member States may extend this presumption period to 2 years [Art. 11(2)]. For goods with digital elements under continuous supply, the burden is on the seller for the entire supply period [Art. 11(3)].
Can a consumer immediately demand a refund instead of accepting a repair?
Not in most cases. The consumer may choose between repair and replacement first [Art. 13(2)]. A price reduction or contract termination is available only if: the seller has not completed or has refused repair/replacement [Art. 13(4)(a)], the defect reappears despite an attempt [Art. 13(4)(b)], the defect is so serious as to justify it immediately [Art. 13(4)(c)], or it is clear the seller will not bring the goods into conformity in reasonable time [Art. 13(4)(d)]. The consumer cannot terminate the contract if the defect is only minor [Art. 13(5)].
Does the Directive apply to second-hand goods?
Yes. However, for second-hand goods, the seller and consumer may agree on a shorter liability period, which must not be less than 1 year [Art. 10(6)]. Member States may also exclude second-hand goods sold at public auction [Art. 3(5)(a)].
Are goods with digital elements (e.g. smart home devices) covered?
Yes. Goods with digital elements — tangible items incorporating or interconnected with digital content or services without which they cannot perform their functions — are fully covered [Art. 2(5)(b)]. The seller must provide updates, including security updates, for the reasonably expected period or the full duration of continuous supply [Art. 7(3)].
What happens if a seller's advertising overstates a product's qualities?
Public statements made by the seller, producer, or other persons in the chain of transactions — including in advertising or labelling — are part of the objective conformity requirements [Art. 7(1)(d)]. The seller is only released from these statements if they were unaware and could not reasonably have known, if the statement was corrected before the contract, or if the statement could not have influenced the purchase decision [Art. 7(2)].
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