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Guarantee and warranties

Help and advice for consumers in Europe

When you buy goods or services from a seller within the EU, you have the right to receive a product that meets legal quality standards. If the product is defective or does not match the agreed terms, you are entitled to a free repair or replacement under the legal guarantee rules.

Under EU law (Directive 2019/771, implemented in Italy through Articles 128-135-septies of the Consumer Code), all goods must conform to the contract. This means they must meet both subjective and objective legal requirements. The warranty lasts 24 months from the date of delivery. If you buy second-hand goods, the seller may reduce this period to 12 months, but only if clearly stated before purchase.

Since January 2022, these rules also apply to digital content and services (Directive 2019/770). This includes software, e-books, applications, and cloud services. Whether you purchase a tangible product or a digital service, you have legal protection to ensure it works as advertised and meets reasonable consumer expectations.

If your product or service does not meet the promised characteristics or has defects, you have the right to choose between:

  • Repair or replacement – Free of charge and within a reasonable time, without inconvenience to you.
  • Price reduction or contract termination – If repair or replacement is not possible, takes too long, or causes significant trouble, you can request a partial refund or a full refund upon returning the item.

Important: The seller—not the manufacturer—is responsible for resolving any defects. You must contact the store or website where you made the purchase. This ensures that the entity you bought from fulfils its obligations to you as a consumer.

A product does not conform to the contract if:

  • It lacks the promised characteristics or functions.
  • It does not include accessories or updates needed for proper use.
  • It does not work as expected compared to similar products.
  • It was installed incorrectly (by the seller or due to faulty instructions).
  • The seller misled you about the product’s features before purchase.
  • It does not match the description, sample, or model you were shown.

Automatic Assumption of Defect: If the defect appears within one year of purchase, the law assumes it was already present when the product was delivered. The seller must prove otherwise.

This protects consumer from being unfairly blamed for defects that were present at the time of purchase.

The guarantee covers physical products with digital elements, such as smart devices and IoT (Internet of Things) products.

  • If the digital service or content is essential for the product to function, it must be free from defects for at least 24 months.
  • If the digital service is provided for more than two years, the warranty lasts for the entire contract period.
  • The seller is not responsible for defects caused by missing updates if they informed you about the update and provided installation instructions. For example, if a smart appliance stops functioning due to a missing software update, and the seller has already informed you about the importance of installing it, they may not be liable for the resulting malfunction.
  • The guarantee covers defects present at the time of delivery or that appear within two years.
  • For used goods, the warranty can be reduced to at least one year, but you must be informed before purchase.
  • For digital products, the guarantee may last longer, depending on the contract.
  • If you take legal action because the seller does not fulfil their obligations, you have 26 months from delivery to do so.
  • If a product or its part is replaced within the legal guarantee period, they are not covered by a new 24-month guarantee.

Some manufacturers, sellers, or third parties offer an additional warranty, known as a conventional warranty. This does not replace your legal rights but can offer:

  • Free repairs beyond the two-year legal period.
  • Extra benefits, such as free home pickup or replacement devices during repairs.
  • Coverage for accidental damage or wear-related issues.

Important: Sellers cannot force you to contact the manufacturer for a repair. The seller is responsible for handling defective goods and can later seek reimbursement from the manufacturer. If a seller tells you to contact the the manufacturer instead, they are avoiding their legal obligations.

Keep your receipt or proof of purchase, as this is necessary to claim the warranty. If an extended warranty is offered, make sure to activate it by following the manufacturer’s instructions.

  • Contact the seller in writing and keep copies of all correspondence.
  • If the seller does not respond, contact the European Consumer Centre (ECC) in your country.
  • The ECC will provide guidance, contact the seller, and inform you about alternative dispute resolution (ADR) bodies and other legal options.


You can find your local ECC contact details on the ECC-Net website.