Legal warranty for goods

Last update

Summary:

Sellers must provide buyers with a 2-year warranty specifying that the product sold is compliant with the sales contract and guaranteed against hidden defects.

The professional seller must provide the private buyer (hereinafter, the 'consumer') with a 2-year warranty that the product sold is:

  • compliant with the sales contract; and
  • guaranteed against hidden defects.

They may also offer them additional commercial guarantees.

Only professional sellers – that is, natural persons or legal entities, established under private or public law, acting in the context of their commercial, industrial, artisanal or liberal activity – are required to grant consumers a guarantee of conformity.
For example, a private individual who sells their car to another private individual is not considered a professional seller by virtue of that sale.

A guarantee of conformity must be given only to private consumers – i.e. individuals acting outside of their own professional activities.
Such warranties need not be provided to:

  • professionals;
  • businesses or associations.

Consumers who believe they have been wronged by a professional who has breached the terms of their guarantee of conformity may bring the matter before:

Who is concerned

In connection with the sale/purchase of movable tangible assets (e.g. cars, domestic appliances, shoes, furniture, etc.):

  • all consumers must be given a guarantee of conformity; and
  • all professional sellers provide the consumer with a warranty that specifies that the goods are compliant with the sales contract.

A guarantee of conformity is not required for:

  • individuals who sell goods in a private capacity (such as their car);
  • professionals who sell goods to other professionals (B2B);
  • the sale of:
    • intangible movable assets (such as shares in a company, financial products, insurance policies, etc.);
    • immovable assets (such as houses, apartments or land);
  • in the case of auctions or forced sales;
  • in principle, for the supply of electricity, water or gas (e.g. municipal gas supply), unless the quantity or volume of electricity, water or gas can be determined in advance (e.g. the sale of a canister of gas).

Prerequisites

Before selling a product, professionals must inform the consumer of its essential features.

That information must be clear and comprehensible, be it:

  • in an advertisement; or
  • in a commercial warranty; or
  • provided by a different professional elsewhere in the supply chain.

Deadlines

Warranty period

The professional must guarantee the conformity of the product for 2 years.

If a defect becomes apparent within one year of the date of delivery, you do not need to prove that the defect existed when the product was delivered.

On the other hand, as of the 13th month from the date of delivery, you are required to prove that the product was non-compliant when it was delivered to you.
That proof may be provided in any form, for example:

  • in writing;
  • an eyewitness account;
  • an expert assessment.

The minimum warranty period for a second-hand product sold to a consumer by a professional is one year. The professional may agree, beforehand, in writing, to provide you with a warranty for a period of between one and 2 years.

The warranty for a second-hand car is 2 years during its first year on the road.

Deadline for claims

You must report the product's non-compliance within 2 years of its delivery.

If a defect appears 2 years and one day after delivery, the product will no longer be covered by the warranty.

Repair or replacement deadlines

In principle, there are 4 options available to you as a consumer:

  • you may ask the professional to repair the item; or
  • you may ask that the item be replaced by an identical item that is compliant with the order; or
  • you may keep the item but ask for a discount; or
  • you may return the item for a full refund.

Repairs or replacements must take place within one month of the date on which you requested that the professional repair or replace the item, unless the repair/replacement is impossible or constitutes an excessive burden.

Once this one-month period has expired, you may decide to:

  • return the item for a full refund; or
  • keep the item and request a partial refund.

You should not have to pay any additional costs to remedy non-compliance.

Vous ne devez pas payer de frais supplémentaires en cas de mise en conformité.

Warranty period

You are required to guarantee the conformity of the delivered item for 2 years.

However, for second-hand items (apart from vehicles less than a year old), you and the consumer may agree, in writing, on a shorter warranty period of between one and 2 years.

A shorter warranty period may be provided for in your general terms and conditions, but you must inform the consumer of its existence.

Repair or replacement deadlines

If the consumer requests that you repair or replace the item, you must comply within one month of the request, unless doing so is impossible or constitutes an excessive burden.

If the professional fails to comply with the request, the consumer may:

  • demand a full refund (provided they return the item); or
  • request a discount (if they keep the item).

Consumers should not have to pay any costs incurred in remedying the non-conformity.

Le consommateur ne doit pas payer de frais en cas de mise en conformité.

Deadline for filing a lawsuit

If the professional and the consumer are unable to settle their dispute amicably, the consumer may bring legal proceedings against the professional, provided they do so within 2 years of reporting the problem.

The deadline is suspended:

  • in case of ongoing negotiations between the professional and the consumer; or
  • if the consumer refers the case to a court (before a summary judge); or
  • during a court-ordered investigation into the non-compliance (e.g. an expert assessment).

A new period of one year to take legal action will begin if:

  • the professional breaks off negotiations; or
  • the investigation is closed.

Exception: once the 2-year period during which legal action can be taken has elapsed, if the consumer has not yet paid for the item, having regularly complained to the professional of the non-compliance, and the professional is still demanding payment, the consumer is entitled to ask for:

  • a discount; or
  • compensation.

How to proceed

Products in compliance with the sales contract

To be considered compliant with the sales contract, at the time of delivery, the product must:

  • possess the characteristics that are listed:
    • in the sales contract;
    • on the invoice;
    • on the purchase order;
    • on the technical data sheet, etc.;
  • match the description and possess the qualities described by the professional;
  • be usable:
    • in the usual way that such items are used; or
    • in accordance with the consumer's wishes if:
      • the consumer has informed the professional of the special use they wish to make of it; and
      • the professional has not expressed any objections to such use;
  • exhibit the qualities that a consumer would reasonably expect in an item on the basis of the statements made:
    • on the label; or
    • in any form of advertising (declarations by the producer or trademark holder, flyers, television, internet, samples, etc.), unless the seller can prove that they were unaware of such advertising.

The professional is also liable for non-compliance attributable to:

  • packaging;
  • assembly instructions;
  • the installation, when carried out under their responsibility.

On the other hand, the professional is not liable for defects in materials that the consumer themself has supplied (e.g.: custom-made products from materials provided by the buyer).

It is therefore recommended to establish the following in writing:

  • all of the item's characteristics; and
  • any reservations expressed by the professional concerning a non-standard use of the product by the consumer.

Products sold with defects

No clause can restrict or exclude the professional's liability for non-compliance.

If, on the other hand, the consumer knowingly buys a defective product:

  • the specific defect must be described in the sales contract that the consumer has signed (it is not enough to simply state that the item has a defect);
  • in that scenario, the professional cannot be held liable for the defect in question.

Non-compliance

If non-compliance is observed within the first 12 months following the delivery of the item:

  • the item will still be under warranty, since the defect will be assumed to have existed at the time of delivery; and
  • the buyer should then simply report the defect to the professional (by telephone, fax, registered letter, etc.).

If the defect is attributable to the consumer's misuse of the product, the warranty will be voided.
It is up to the professional to prove, if applicable, that the non- compliance was caused after delivery. Such might be the case, for instance, with:

  • a mobile phone that the consumer allowed to get wet; or
  • a camera that was damaged after being dropped.

If a defect manifests itself between the 13th and 24th month following delivery of an item, the item will still be under warranty if the defect had already existed at the time of delivery.

In that case, it is up to the consumer to prove that the defect existed at the time of delivery. In general, proof is provided through an expert assessment carried out at the buyer's expense.

Scope of the guarantee of conformity

If the product is non-compliant with the sales contract at the time of delivery, in principle, the buyer can:

  • return the item and ask for a full refund, unless:
    • the professional repairs or replaces it; or
    • the defect is minor;
  • keep the item but ask for a discount, unless the professional repairs or replaces it;
  • demand that the item be repaired or replaced (at the consumer's discretion), unless:
    • repairing/replacing it is impossible; or
    • this constitutes an excessive burden for the professional; or
    • it would be disproportionately costly for the professional to do so.

The consumer can also ask the professional for compensation if they prove that they suffered actual damage due to the defect.

Optional commercial warranty

All professionals are free to grant their customers a commercial warranty that is more favourable to the consumer than the legal warranty (guarantee of conformity).

A commercial warranty is an extension of the pre-existing warranty:

  • generally in return for payment;
  • beyond the 2 years covered by the legal warranty;
  • whereby the consumer is no longer required to prove that the defect existed at the time of delivery in order to have the item repaired or replaced, or to receive a refund, etc.

This warranty must:

  • be presented to the consumer, either in German or in French (as per their choice):
    • in writing; or
    • on any other durable medium; and
  • clearly indicate:
    • its content (freely determined by the professional);
    • the essential elements for its implementation, including:
      • its duration;
      • its geographic scope;
      • the address of the person granting the warranty;
    • the duration of the legal warranty (i.e. 2 years);
    • and the fact that the guarantee of conformity and the warranty against hidden defects still apply.

Injunction

Consumers who believe they have been wronged by a professional who has breached the terms of their guarantee of conformity may bring the matter before:

  • the Luxembourg Consumer Protection Association (Union Luxembourgeoise des Consommateurs - ULC), which informs, advises and defends consumers in the event of an individual problem at national level;
  • the European Consumer Centre EIG Luxembourg (Centre européen des consommateurs GIE Luxembourg – CEC), which informs consumers and defends their interests if they encounter problems with a professional located in another EU country.

If the collective interests of consumers are at stake, an action for injunction against a professional can be brought before a court at the request of:

  • an approved consumer protection organisation; or
  • the Ministry in charge of consumer protection, which is the Ministry of Agriculture, Food and Viticulture.

Who to contact

  • Luxembourg Consumer Protection Association (ULC)

    Address:
    55, rue des Bruyères L-1274 Howald
    Phone:
    (+352) 49 60 22 1
    Fax:
    (+352) 49 49 57
    Email address:
    info@ulc.lu
    Website:
    https://www.ulc.lu
    Closed ⋅ Opens monday at 8.00
    Sunday:
    Closed
    Monday:
    8.00 to 12.00
    Tuesday:
    8.00 to 12.00
    Wednesday:
    8.00 to 12.00
    Thursday:
    8.00 to 12.00
    Friday:
    8.00 to 12.00
    Saturday:
    Closed
    In the afternoon only by appointment.

  • Luxembourg Consumer Protection Association (ULC)

    Luxembourg Commission for Travel Litigation (CLLV)

    Address:
    55, rue des Bruyères L-1274 Howald
    Phone:
    (+352) 49 60 22 205
    Fax:
    (+352) 49 49 57
    Email address:
    contact@cllv.lu
    Website:
    https://www.ulc.lu

European Consumer Centre

Address:
271, route d’Arlon L-1150 Luxembourg
Phone:
(+352) 26 84 64 1
The telephone helpdesk is open on Mondays, Wednesdays and Fridays from 9.00 to 12.00 and on Tuesdays and Thursdays from 9.00 to 16.00.
Fax:
(+352) 26 84 57 61
Email address:
info@cecluxembourg.lu
Website:
https://www.cecluxembourg.lu/en/contact-and-opening-hours/
Consultation by appointment

Related procedures and links

Procedures

Centre for Civil and Commercial Mediation - Resolving a dispute with a professional or private person amicably

Links

Further information

Legal references

Code de la consommation

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