My item broke — do I have a two-year guarantee by law in Malta?
Yes — every item you buy carries a two-year legal guarantee, free of charge, independent of the manufacturer's warranty. Under the Consumer Rights Regulations (S.L. 378.17), the seller is responsible for a lack of conformity — a defect or an item that does not match the sale — for two years from delivery. The myth: that "electronics only have a one-year guarantee" or that "you must buy an extended warranty." No — the basic protection is two years and free. More than that: in the first 12 months the defect is presumed to have existed from the start, and the seller must prove otherwise. This presumption rose from 6 months to a full year. After one year, up to two, it is on you to prove. The remedy is first a free repair or replacement, then a price reduction or your money back.
📋 The rules
- Every item carries a two-year legal guarantee against lack of conformity, free of charge and separate from any commercial warranty.
- In the first 12 months from delivery, the defect is presumed to have existed from the start and the seller must prove otherwise.
- This presumption rose from 6 months to 12 months; after one year, up to two, the burden of proof falls on the consumer.
- The consumer must inform the seller of the defect within two months of noticing it.
- The remedy is first a free repair or replacement; then, if these are not possible, a price reduction or cancellation of the sale.
🔓 Exceptions
- The legal guarantee does not cover damage from misuse, accidental damage, or the normal wear of the item.
- Defects you knew about when you bought (for example an item sold as faulty or "as seen") are not covered.
- A commercial or manufacturer's warranty is in addition to the legal guarantee, and cannot reduce your two-year rights.
⚠️ Penalties & fines
The costs fall on the seller, not on you. When an item is not conforming, the seller must put it right free of charge — repair or replacement — and cannot charge you for carriage or labour. If repair and replacement fail or take too long, you have the right to a price reduction or a refund. The biggest trap shops use is to send you to the manufacturer or tell you that "the guarantee expired after a year" — but the legal responsibility is the seller's for a full two years, and in the first year it is for them to prove there was no defect. If they refuse, you can file a complaint with the MCCAA, or for an EU purchase with ECC Malta. Keep the receipt and all correspondence in writing: the receipt is the proof of the purchase date from which the two years are counted.
📎 Official sources
- MCCAA · the legal guarantee and your rights when buying goods →
- ECC Malta · guarantees and lack of conformity in the EU →
- Legislation Malta · Consumer Rights Regulations (S.L. 378.17) →
❓ Frequently asked
Is the guarantee really two years, even for electronics?
Yes. The two-year legal guarantee applies to all consumer goods, including electronics, regardless of what the box or the warranty card says. A one-year manufacturer's warranty is an addition, not a substitute for the two-year legal right.
Who has to prove there was a defect?
In the first 12 months from delivery, the defect is presumed to have existed from the start, and it is the seller who must prove it did not. This presumption rose from six months to a full year, and after one year the burden of proof falls on you.
What can I ask for if the item is faulty?
You first have the right to a free repair or replacement, as you choose where reasonable. If these are not possible, take too long or fail, you can then ask for a price reduction or cancellation of the sale with a refund.
The shop sends me to the manufacturer — is that right?
The legal responsibility lies with the seller who has the sales contract with you, not with the manufacturer. You can insist that the shop deals with your claim under the two-year legal guarantee, rather than passing you on to someone else.
How long do I have to report the defect?
You must inform the seller of the lack of conformity within two months of noticing it. Keep the receipt and correspondence in writing, because the receipt is the proof of the purchase date from which the two years start to run.
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