Thanks to the legal guarantee and the right of withdrawal, consumers enjoy a strong position in disputes about purchases in Europe. But do you know the difference between these two rights, and do you know when you should rely on one over the other? Both of them have different consequences! The European Consumer Centre (ECC) Belgium has examined both consumer rights for you, and with the help of some concrete examples, will demonstrate how in some aspects these rights are very similar, and in others, very different.
The legal guarantee versus the right of withdrawal
The legal guarantee covers defects to all products you purchased in stores or online. It is the trader’s responsibility that the product is of a satisfactory quality and works properly. Exercising this right is completely free of charge and can be done for a period of two years after delivery.
The right of withdrawal only applies to purchases made from a distance or off-premises, including online purchases. It gives you the right to examine your product, as you would do in a shop. If the product does not meet your expectations, you are allowed to return it. Unless stated otherwise, you will have to pay the return costs. The right of withdrawal is valid for a period of 14 days.
You should invoke your legal guarantee if, for example, your vacuum cleaner stops working during the guarantee period. You can ask the seller to replace or repair your vacuum cleaner. You should invoke your right to withdrawal if, for example, you change your mind about your purchase and you would like to send your goods back to the seller, before having used them.
Which right should I invoke? Do the test!
Legal guarantee and right to withdrawal: a summary
We will now summarize all the essential elements of both rights for your convenience. This will give you a handy overview of all the differences and similarities.
Legal Guarantee |
Right of withdrawal |
|
| Which purchases? | Consumer goods without exception. | Consumer goods and services. There are exceptions. |
| Purchased from | A European trader. Watch out for non-professional traders using online platforms. | A European trader. Watch out for non-professional traders using online platforms. |
| Purchased at | All purchases in Europe. | At a distance (e.g. internet) or off-premises (e.g. door-to-door sales) in Europe. |
| Use | For non-professional use. | For non-professional use.. |
| State of goods | New and used. | New and used. |
| Problem | Non-conformity or defect. | Change of mind. |
| Are you allowed to use the product? | Yes, normal use. | Goods: You are allowed to test the product the same way you would in a shop. No more, no less. Services: If you expressly request immediate delivery, then you forfeit part of your right of withdrawal commensurate to the extent that you have used the service. |
| Time limits | 2 years (may be shortened to 1 year for used goods). Good to know: your guarantee rights differ depending on when you bought: before or after 1 June 2022. |
14 days • Starting from delivery (goods) or your order (services). • If the seller neglects to inform you of this right, the 14 day period is increased with 1 year. |
| Duty to inform | Yes, as soon as possible after you discover the problem (max. 2 months). | Yes, in writing or through an online withdrawal form. You have 14 days to do so, and you do not have to motivate your decision. |
| Returns | Wait for the seller’s instructions. | In principle within 14 days after you informed the seller of your intention to withdraw. Do not return the goods unless the seller has given you clear instructions through his website, by e-mail or by mail. |
| You have a right to | Repair or replacement. Possibly reimbursement or a reduction in price, under certain conditions. | Reimbursement of the price of purchase, the shipping costs and all applicable taxes |
| Costs for consumers | None. | Return costs, unless the seller neglected to mention this in their terms and conditions of, or unless the seller agreed to bear those costs themselves. |
More details about the legal guarantee and the right of withdrawal can be found on the website of ECC Belgium. Be aware that you might also have a commercial or manufacturer’s warranty in addition to your legal guarantee. These warranties are not statutory rights, but are contractual undertakings on behalf of the seller or manufacturer, which may be given free of charge, or sold at an additional cost.