Rules on contracts for the sale of goods between sellers and consumers

KEY POINTS

The legislation applies to sales contracts¹ between a consumer and a seller for the supply of goods².

The directive does not apply to:

• the supply of digital content³ or digital services⁴, unless these are incorporated or interconnected with the goods themselves, necessary for them to perform their functions and provided under the sales contract (goods with digital elements);
• any physical medium used exclusively to carry digital content (e.g. CDs, DVDs).

Sellers must ensure goods delivered to the consumer conform to the sales contract by:

• complying with what was contractually agreed, i.e. fitting the description, type, quantity and quality, possessing the features required by the contract and being fit for the agreed purposes; and
• complying with objective conformity criteria, namely:
  • be fit for the purposes for which similar goods are normally used,
  • correspond to the sample or model shown to the consumer,
  • be delivered with the accessories, instructions and packaging that the consumer can reasonably expect, and
  • possess the qualities and features that the consumer may reasonably expect, including in accordance with amending Directive (EU) 2024/1799, in relation to durability, repairability, functionality, compatibility and security normal for goods of the same type.

Sellers are liable for any lack of conformity that becomes apparent within 2 years of delivery. During the first year, the consumer does not have to prove that the defect existed at the time of delivery.

For goods with digital elements:

• sellers must inform the consumer of and supply them with all updates needed to keep them in conformity for the duration that the consumer may reasonably expect, unless the digital element of the goods is supplied continuously, in which case updates should be provided throughout the period of supply;
• sellers are liable for any lack of conformity that becomes apparent within 2 years of delivery, unless the digital element is to be supplied continuously for a longer period, in which case the seller is liable throughout the period of supply;
• under amending Directive (EU) 2024/1799, where a seller gives a consumer a choice between repair and replacement as a means to bring a good into conformity and the consumer opts for repair, the liability period is extended once by 12 months.

If goods are defective (lack of conformity), consumers are entitled to the following remedies:

• a choice between repair and replacement of the goods: these must be free of charge, within a reasonable time from the moment the seller has been informed by the consumer about the lack of conformity and without any major inconvenience to the consumer, taking into account the nature and purpose of the goods;
• during repair, depending on the specific nature of the good in question, in particular if the consumer needs to have it permanently available, the seller may provide the consumer free of charge with a replacement good, including a refurbished good, on loan;
• the seller may provide, at the explicit request of the consumer, a refurbished good to fulfil their obligation to replace the good.

The seller can give an alternative remedy if the one chosen is impossible or involves disproportionate costs for the seller. This could involve:

• a proportionate reduction in price;
• termination of the contract, except if the defect is only minor.

Commercial guarantees:

• are binding on the guarantor under the conditions laid down in the guarantee statement and associated advertising, whichever is more advantageous to the consumer;
• must be provided to the consumer in plain, intelligible language and in a way that it is accessible for future reference;
• include:
  • confirmation the consumer is entitled by law to remedies from the seller for any defects free of charge,
  • the name and address of the guarantor,
  • the procedure for implementing, and the terms of, the guarantee.

EU Member States may:

• exclude from the legislation second-hand goods sold at public auction and live animals;
• regulate aspects of general contract law or the right to damages where these are not covered by the directive;
• allow consumers to choose a specific remedy if the goods’ lack of conformity becomes apparent within 30 days of delivery, or maintain specific rules on guarantees for hidden defects.

Member States:

• must not apply measures, including more or less stringent consumer protection provisions, different from those in the directive;
• are allowed to apply longer time limits for seller liability than those in the directive;
• may stipulate that to benefit from consumer rights the customer must inform the seller within 2 months of detecting the defect;
• ensure that adequate and effective means exist to ensure compliance with the legislation;
• inform consumers of their rights under the directive and how these may be enforced;
• had to adopt and publish the measures set out in the legislation by 1 July 2021.

Repeal

Directive (EU) 2019/771 repealed and replaced Directive 1999/44/EC from 1 January 2022.