Guarantee rules from 1 June 2022

Did you make a purchase from a European trader for private use, i.e. not for professional purposes, on or after 1 June 2022? The new guarantee rules (FR/NL) put an end to the assumption that you caused the defect if it occurs more than 6 months after purchase. European Directive 2019/771 ensures that you are ‘actually’ entitled to a 2-year legal guarantee.

The period of 2 years can be reduced to 1 year for second-hand goods. Your seller has sole responsibility for providing this guarantee, i.e. they cannot simply refer you to the manufacturer.

Find out more about the protection you are entitled to in Belgium:

• Which products are covered?
• Which problems are covered?
• Who has to provide proof of the defect?
• Which deadlines need to be observed?
• What kind of solution can you demand?
• What about the cost?
• What about connected products?
• What about digital content and services? 

Which products are covered?

The 2-year statutory guarantee applies to any new tangible items (e.g. a car, TV and/or smart phone) you purchase from a trader in an individual capacity (i.e. not as part of your professional activities). 

The 2-year legal guarantee also applies to second-hand goods. The term can be reduced to 1 year, providing you were notified accordingly in an unequivocal and intelligible manner when the agreement was concluded.

Specific guarantee rules apply to digital content (e.g. music, movies, games that are downloaded, streamed or received on an actual carrier) and digital services (e.g. social networks, content-sharing sites, cloud storage).

Good to know: Did you buy a connected device whereby digital elements are made available on an ongoing basis (e.g. a smart watch)? The legal guarantee also applies to these elements for the duration of the agreement for the provision of the digital content/service, with a minimum of 2 years.

Please note: Are you making a purchase from a private individual? Are you buying a pet or seized property? If so, other rules apply, the 2-year legal guarantee does not apply and your level of protection is limited.

Which problems are covered?

The 2-year legal guarantee applies to any defect to your product due to a lack of conformity. This includes, for example, if:

• the characteristics of your purchase do not match those of the show model (e.g. you bought blue pants, but received red ones).
• the quality and performance do not live up to your expectations and the seller/manufacturer’s claims (e.g. an allegedly quiet cooker hood turns out to be very noisy).
• you cannot use the product for its intended purpose or for the special requirements you stipulated and the seller accepted (e.g. the vacuum cleaner you purchased is not hoovering up dust).
• you did not receive all the accessories or instructions as stipulated in the agreement (e.g. the oven was supplied without a manual).
• a connected device is delivered without the updates described in the agreement or you are not notified, as you might reasonably expect, about updates that are necessary to maintain the product’s conformity (e.g. security updates).

Good to know: Did the seller install your product incorrectly? Or did you install it incorrectly due to an error in the assembly instructions? In such cases you are also entitled to the legal guarantee.

Please note: The 2-year legal guarantee does not apply if you were aware of the defect at the time of purchase or you caused the defect (e.g. incorrect handling, non-compliance with instructions).

Who has to provide proof of the defect?

The seller is responsible for any defect reported to them within the 2-year legal guarantee period, unless they can prove that:

• there is no defect,
• you caused the defect, or
• you were aware of the defect prior to the conclusion of the agreement and consequently accepted it.

The seller must accept responsibility and shall under no circumstances ask you to prove that the defect is due to a lack of conformity. 

Good to know: If it is a connected device the seller must prove that there is no defect, that you caused the defect or that you were aware of the defect throughout the term of the agreement. Does the connected device subsequently break down? If so, it will be up to you to substantiate the existence of a defect.

Which deadlines need to be observed?

The legal guarantee applies for a period of 2 years, starting the day of delivery. It is advisable, therefore, to retain the delivery receipt and tracking information you received from the parcel service. This will enable you to prove when the guarantee period started.

Good to know: the 2-year period does not recommence following a repair or replacement! The term will only be suspended during the repair or replacement of the product.

Have you identified a defect? Remember to respond immediately and to contact the seller within a period of 2 months, unless you agreed another timescale which must not be less than 2 months.

Are you planning to go to court? If so, you must proceed within 1 year of the identification of the defect. A swift response is necessary.

Does the defect only surface after two years? If so, the ‘Hidden Defects’ principle applies (see Civil Code: article 1641 and following FR/NL). You must prove that the defect was present at the time of purchase and if that is the case you are entitled to demand a refund or discount from the seller.

Good to know: Will the digital content or service for your connected device be provided for more than 2 years? If so, the legal guarantee will apply to the digital content or service for the duration of the agreement, with a minimum of 2 years.

What kind of solution can you demand?

You can ask the seller, unless this is impossible or disproportionate,

• to repair or
• replace the product.

Please note: the 2-year period does not recommence following a repair! The term will only be suspended during the repair or replacement of the product.

If the repair or replacement causes significant inconvenience or is not feasible within a reasonable period of time, you can ask the seller

• for a refund of your purchase
• for a discount.

What about the cost?

The legal guarantee is free of charge for the purchaser. Any repair, replacement and delivery and return costs shall be at the seller’s expense.

Does a product that had already been installed need to be removed for repair or exchange? If so, the cost of removal shall be at the seller’s expense. They shall also bear any costs associated with the reassembly of the repaired or replacement product.

Did you buy from a web shop in Europe? If so, the seller will often provide a prepaid returns label. If not, discuss with the seller beforehand how to return the device and state that you expect to be refunded for the shipping costs. Retain the receipt to prevent unwelcome surprises.

What about connected devices?

Connected products include all movable physical items that incorporate digital content/services in such a way that the consumer good cannot perform its functions if the digital content/service is missing. Examples: smart phone, smart watch, smart TV.

Connected devices are subject to the same 2-year guarantee as other material goods with one specific stipulation: the guarantee applicable to the delivery of the integral content/service applies for the duration of the agreement, subject to a minimum of 2 years.

For example: if your smart phone stops charging or the screen becomes loose during the first 2 years following its purchase, the seller must repair or replace your device. Does the software on your smart phone no longer comply with requirements (e.g. the system is not (no longer) secured, you do not (no longer) have access to all functions or interfaces)? If so, you may potentially have a guarantee in excess of 2 years, providing the agreement stipulates that the digital content/service will be provided for a period in excess of 2 years. In other words, the seller must provide any updates necessary to maintain your smart phone’s compliance with the agreement during this period.

What about digital content and services?

Specific guarantee rules apply to digital content (e.g. music, movies, games that are downloaded, streamed or received on an actual carrier) and digital services (e.g. social networks, content-sharing sites, cloud storage).