Selling to EU Customers? Here's What You Must Know About Returns and Guarantees

If you're an entrepreneur offering products or services to customers in the European Union, understanding EU consumer protection rules is not just advisable, it's essential. These laws are designed to safeguard consumers, but they also impose clear obligations on sellers. Complying with these rules helps build trust, avoid disputes, and keep your business legally sound.

1. The 2-Year Legal Guarantee: A Baseline Right for Consumers

Under EU law, all products sold to consumers by professional traders are covered by a minimum 2-year legal guarantee, starting from the date the customer receives the goods.

What does this mean for you?

• Faulty or non-conforming products must be repaired or replaced free of charge.
• If a repair or replacement isn't feasible within a reasonable time, or would cause significant inconvenience, the consumer is entitled to a partial or full refund.
• For defects appearing within the first 12 months, the burden of proof lies with the seller—the law presumes the defect existed at delivery. In some EU countries, this presumption extends to the full two years.

Note: This legal guarantee applies only to sales from professional businesses to consumers—not to transactions between private individuals.

2. Commercial Guarantees: Optional Extras, Not Substitutes

Sellers or manufacturers may also offer commercial guarantees (warranties), which provide additional assurances, such as extended coverage periods or extra services.

However:

• A commercial guarantee cannot replace or reduce the rights granted by the 2-year legal guarantee.
• If the terms of your commercial guarantee are less favorable than the legal rights, EU law takes precedence.

Example: If you provide a 6-month warranty but the product fails after 8 months, the consumer still retains protection under the legal guarantee.

3. The 14-Day Right of Withdrawal: Cooling-Off for Distance Sales

For purchases made online, by telephone, or off-premises (e.g., door-to-door sales), consumers benefit from a 14-day cooling-off period. During this time, they may cancel the purchase without giving a reason.

• For goods, the period begins on the date the customer receives the product.
• For services, it starts from the day the contract is concluded.
• If the 14th day falls on a public holiday or weekend, the period extends to the next working day.

Consumers typically bear the cost of return shipping unless you explicitly agree otherwise. As a seller, you’re legally required to inform customers of their withdrawal rights before the purchase.

Tip: Review your Terms and Conditions to ensure your return policy complies with EU requirements.

4. Exceptions to the Right of Withdrawal

Certain products and services are excluded from the 14-day right of withdrawal:

• Perishable goods (e.g., fresh food)
• Customized or personalized items
• Unsealed audio, video, or software products
• Digital content once download/streaming begins (if the consumer consented to lose the right)
• Tickets for events or travel on specific dates
• Services fully performed within the 14 days with consumer’s consent

These exceptions must be clearly disclosed to customers, ideally before the purchase, to avoid future disputes.

5. Special Cases: Second-Hand Goods and Digital Content

• Second-hand goods sold by professionals are also covered by the 2-year guarantee. However, a shorter guarantee may be agreed, but not less than one year.
• Digital content and services (e.g., music, apps, cloud storage) are also covered. If faulty and not remedied promptly, consumers may request a price reduction or cancellation.
• These rights apply even when no money changes hands—for example, if the consumer provides personal data in exchange for free services.

Why Compliance Matters for Your Business

• Build consumer trust by offering transparent and fair return policies.
• Avoid legal issues by adhering to EU consumer protection rules.
• Streamline operations by planning for return logistics, repair workflows, and dispute handling.
• Communicate clearly by updating your website and policies with customer rights and relevant exceptions.

Need Help Staying Compliant?

At FromLegal, we specialize in helping entrepreneurs navigate EU consumer protection laws. Whether you're selling physical goods, digital content, or services, we can assist you in drafting compliant return policies, managing customer disputes, and protecting your business interests.

This article is based on official EU consumer protection regulations. For more detailed legal guidance, visit the EU Consumer Rights Portal.