Can I get a faulty product repaired or replaced for free in Luxembourg?
Yes — the legal guarantee of conformity protects you free of charge for 2 years, and it is the seller who answers for it, not the manufacturer. Since the law of 8 December 2021, in force on 1 January 2022 (transposing Directives (EU) 2019/770 and 2019/771), the Consumer Code imposes a 2-year legal guarantee from delivery. You may first demand free repair or replacement; if that fails or drags on, a price reduction or a refund. The key point: a defect that appears in the first 12 months is presumed to have existed at delivery — it is for the seller to prove otherwise. The myth: "the guarantee is only 6 months" or "you have to see the manufacturer" — false; the old 6-month presumption became 12 months in 2022, and the legal guarantee runs against the seller, with no mandatory receipt and no charge.
📋 The rules
- 2 years against the seller: the legal guarantee of conformity lasts 2 years from delivery and runs against the professional seller, free of charge.
- Repair or replacement first: the consumer first chooses repair or replacement; the seller may refuse only if that choice is impossible or disproportionate.
- Then a refund: if repair or replacement fails, drags on or is impossible, the consumer may obtain a price reduction or rescission with a refund.
- 12-month presumption: a defect appearing within 12 months is presumed to have existed at delivery; it is for the seller to prove the contrary.
- Commercial guarantee on top: a commercial guarantee from the seller or manufacturer adds to the legal guarantee, never replacing or reducing it.
🔓 Exceptions
- Between 12 and 24 months: after 12 months the guarantee still applies, but it is for the consumer to prove the defect existed at delivery.
- Wear and misuse: normal wear, accidental breakage or improper use are not covered by the legal guarantee of conformity.
- Defect known at purchase: a defect disclosed or accepted before purchase (a second-hand item sold "as is") can no longer be raised as a conformity issue.
⚠️ Penalties & fines
The real issue is the balance of power with the seller. A trader who refuses the legal guarantee — by pointing to the manufacturer, demanding a receipt, or claiming "the guarantee ends after 6 months" — is in the wrong: the guarantee lasts 2 years and the defect is presumed for 12 months. The consumer can first send a written complaint, then turn to the Consumer Protection Directorate, the Luxembourg Consumers' Union or the European Consumer Centre for a cross-border purchase, and finally the justice of the peace for a dispute up to 15,000 euros. A seller who loses must repair, replace or refund, and bear the costs. Conversely, invoking the guarantee for accidental breakage or normal wear leads to a legitimate refusal, because those cases fall outside conformity.
📎 Official sources
- Legilux · Consumer Code, guarantee of conformity (official journal) →
- Guichet.lu · legal guarantee of conformity for goods →
- Luxembourg Consumers' Union (ULC) · guarantees →
❓ Frequently asked
How long does the legal guarantee last in Luxembourg?
The legal guarantee of conformity lasts two years from delivery of the goods, and it is entirely free. It runs against the professional seller who sold you the item, independently of any commercial guarantee offered on top by the shop or the manufacturer.
Is it true the defect is only presumed for 6 months?
No, that is outdated information: since 1 January 2022 the presumption has risen from 6 to 12 months. A defect appearing in the first twelve months is presumed to have existed at delivery, so it is for the seller to prove the contrary, not for you.
Can the seller send me to the manufacturer?
No, the legal guarantee of conformity runs against the seller, who cannot pass the buck to the manufacturer. It is for him to arrange free repair or replacement of the goods, and to bear any costs of transport or labour involved.
Am I entitled to a refund or only to a repair?
You may first demand repair or replacement of the goods, at your choice. Only if that solution fails, drags on unreasonably or proves impossible can you ask for a price reduction or rescission of the contract with a refund.
Do I need the receipt to rely on the guarantee?
A receipt is not legally essential, but you must prove the purchase and its date by any means, such as a bank statement or a confirmation e-mail. It is therefore best to keep proof of purchase, since that is what sets the start of the two-year guarantee.
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