A seller says they have no obligation to repair my defective product. What remedies does EU law give me?

What the Law Says

The EU Consumer Sales and Guarantees Directive (1999/44/EC) establishes mandatory rights for consumers when goods are not in conformity with the contract. These rights apply automatically — sellers cannot waive them.

If a product is defective at the time of delivery, you are entitled to one of four remedies: repair, replacement, price reduction, or termination of the contract. The seller must provide repair or replacement free of charge and without undue delay — typically within 30 days.

You may only demand repair or replacement once — if it fails or is impossible, you may then choose price reduction or termination. After termination, the seller must refund the full purchase price within 14 days.

These rights last for at least two years from delivery in all EU Member States. National laws may extend this period, but cannot shorten it.

Statutory Text

The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.

— Directive 1999/44/EC, Art. 3(1)

Statutory Text

The consumer may require the seller to repair the goods or replace them, free of charge, unless this is impossible or disproportionate.

— Directive 1999/44/EC, Art. 3(3)

Statutory Text

Where the consumer has required the seller to repair or replace the goods, the seller shall carry out the remedy within a reasonable time and without causing significant inconvenience to the consumer.

— Directive 1999/44/EC, Art. 3(5)

What Courts Have Said

The Court of Justice of the European Union (CJEU) has consistently ruled that these remedies are mandatory and cannot be excluded by contract terms.

What to Do

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