Legal guarantee, voluntary manufacturer’s warranty and new EU labelling obligations – the most important questions and answers for merchants.
Since 27 September 2026, new information obligations regarding the legal guarantee and commercial durability warranties have applied in the European Union. Merchants must now provide consumers with clearer information about their rights using standardised EU labels.
But what does this mean for your business in practice? How long does the legal guarantee apply? Who has to prove that a product was defective? And when is a merchant required to repair or replace a product?
We answer the most important questions for merchants in Luxembourg.
1. What is the legal guarantee?
The legal guarantee requires professional sellers to provide consumers with goods that conform to the sales contract.
A product must in particular:
- correspond to the product description,
- have the agreed and normally expected characteristics,
- be suitable for the intended and usual use,
- be free from defects for which the seller is legally liable.
If a product does not meet these requirements, the customer may invoke their legal guarantee rights.
Important: The legal guarantee is mandatory and cannot simply be excluded in relation to consumers. The following rules apply to sales by professional merchants to private customers (B2C).
2. How long does the legal guarantee apply in Luxembourg?
In Luxembourg, the legal guarantee period for new goods is generally two years from delivery.
For used goods, the legal guarantee also generally applies for two years. However, under certain conditions, merchants may agree in writing with the consumer in advance on a shorter period. This period must be at least one year. Exceptions apply to certain used vehicles.
3. Who must prove that a product was already defective at the time of delivery?
Luxembourg law distinguishes between two periods:
Within the first 12 months after delivery:
If a defect appears within the first year, it is generally presumed that the cause of the defect already existed at the time of delivery.
The customer must report the defect, but generally does not have to prove that it already existed at the time of delivery. If the merchant believes that the damage was caused later by the customer, the merchant may have to prove this.
From the 13th to the 24th month:
From the 13th month onwards, the burden of proof generally lies with the customer. The customer must prove that the cause of the defect already existed at the time of delivery.
Evidence may include, for example, correspondence, photos, witness statements or an expert report.
4. Is every damage automatically covered by the legal guarantee?
No. The legal guarantee generally does not cover damage that occurs after delivery due to improper use or external influences.
Examples:
- A customer drops a product and damages it.
- An electronic device is exposed to moisture contrary to the instructions for use.
- A fragile item is damaged while being unpacked.
- A product is used contrary to its intended purpose.
Normal wear and tear is also not automatically considered a defect covered by the legal guarantee.
However, a defect may also become visible only after several months of normal use. If its cause lies, for example, in a material or manufacturing defect that already existed at the time of delivery, it may still be covered by the legal guarantee.
What matters is therefore not only when the damage becomes visible, but what caused it.
5. What applies if a customer has opened the original packaging or already used the product?
Opened original packaging or the mere use of a product does not exclude the legal guarantee.
A merchant may therefore not automatically reject a justified complaint simply because the product has already been unpacked or used.
What matters is whether there is actually a defect for which the merchant is legally liable.
The legal guarantee must also not be confused with the right of withdrawal for online purchases. Different conditions apply to each.
6. What rights does the customer have in the event of a justified legal guarantee claim?
In principle, the customer may request that the goods be brought into conformity with the contract by repair or replacement.
The customer may choose between these options, provided that the chosen solution is possible and not disproportionate.
Repair or replacement must be:
- free of charge,
- carried out within a reasonable period of time,
- carried out without significant inconvenience to the customer.
Under certain legal conditions, the customer may also request an appropriate price reduction or the termination of the contract with a refund of the purchase price.
In the case of only minor defects, termination of the contract is generally excluded.
7. Who pays the shipping costs in the event of a complaint?
If there is a justified legal guarantee claim, the merchant must bear the necessary costs for bringing the goods into conformity.
This includes, for example, transport, material and labour costs.
The customer must generally not be charged any additional costs for the legally required repair or replacement.
8. What is the difference between legal guarantee and commercial warranty?
The two terms are often confused, but they refer to different rights.
Legal guarantee
- Is required by law.
- Applies automatically to sales to consumers.
- Is generally directed against the seller.
- Generally lasts two years for new goods in Luxembourg.
Voluntary commercial warranty
- Is an additional commitment by the manufacturer or merchant.
- May offer, for example, a longer duration or additional services.
- Is governed by the respective warranty conditions.
- May be offered free of charge or against payment.
A voluntary warranty must neither replace nor limit the legal guarantee.
9. What has changed since 27 September 2026?
Since this date, new EU information obligations have applied to help consumers distinguish more easily between the legal guarantee and additional durability warranties.
Two standardised EU labels have been introduced for this purpose:
The EU legal guarantee label
This informs consumers about the most important legal guarantee rights. Merchants selling consumer goods must make it clearly visible.
The EU-GARAN label
This applies to certain free manufacturer’s durability warranties that cover the entire product and have a duration of more than two years.
The two labels have different functions and must not be confused.
10. Where must the new EU legal guarantee label be displayed?
The official legal guarantee label must be made clearly visible.
In physical retail, it can be displayed, for example, as a notice in the shop or at the checkout area.
In online retail, it must be visible as general information on the website. For online sales, the coloured EU template must be used.
The official design of the label must not be changed.
The templates and further information are available on the European Commission’s website.
11. When is the EU-GARAN label required?
The EU-GARAN label concerns a specific form of voluntary manufacturer’s warranty.
It applies when a manufacturer offers a warranty that meets the following conditions:
- It is free of charge for the consumer.
- It guarantees the durability of the entire product.
- It has a duration of more than two years.
If the merchant receives the relevant warranty information from the manufacturer, the label must be displayed when selling the product in accordance with the legal requirements.
For online sales, the label must be clearly assigned to the respective product. The information must also be clearly accessible immediately before the order is completed.
Important: Not every voluntary warranty allows the use of the EU-GARAN label. For example, a warranty that only covers a single component is not sufficient.
12. How should merchants handle customer complaints?
A well-documented complaint process helps avoid misunderstandings and disputes.
In the event of a complaint, it is recommended to record the following information:
- order number and delivery date,
- date of the complaint,
- exact description of the defect,
- photos of the product and, if applicable, the packaging,
- information on previous use,
- previous communication with the customer.
This information helps assess whether there is a justified legal guarantee claim and which solution is appropriate.
Careful documentation is especially important during the first twelve months, as the merchant generally has to prove damage that occurred only after delivery if they rely on this argument.
13. Which wording should merchants avoid?
Statements that generally exclude statutory consumer rights are problematic.
Examples:
- “No legal guarantee on reduced items.”
- “Complaints only accepted in unopened original packaging.”
- “Used products are generally excluded from the legal guarantee.”
- “No claim exists after the manufacturer’s warranty has expired.”
Such wording may mislead consumers about their legal rights.
Instead, merchants should provide clear and transparent information about the legal guarantee, voluntary warranties and the complaint process.
Conclusion: What should merchants pay attention to now?
The legal guarantee is not a new topic for merchants. However, the EU information obligations applicable since 27 September 2026 make it more visible to consumers.
Three points are particularly important for merchants:
- Distinguish between legal guarantee and warranty: The legal guarantee applies independently of voluntary warranty promises.
- Carefully assess complaints: Not every damage is automatically covered by the legal guarantee. The cause of the defect and the applicable burden of proof rules are decisive.
- Observe the new labelling obligations: The EU legal guarantee label and, where applicable, the EU-GARAN label must be provided in accordance with the legal requirements.
Merchants who inform their customers transparently and handle complaints in a traceable way reduce misunderstandings and strengthen trust in their business.
Further information
Note: This article is intended as general information for professional merchants in Luxembourg and does not constitute individual legal advice. It was created with the help of artificial intelligence (AI) and editorially reviewed.