When a product breaks, you have two independent complaint routes: the seller’s statutory liability for goods not conforming to the contract, and the voluntary warranty, usually from the manufacturer. You choose which one to use - and you can change your mind at the next fault. In practice many people only know the warranty and lose stronger rights as a result. Here is how both routes work in 2026.
Non-conformity with the contract - a complaint to the seller
This is the statutory route, always available and free of charge - a shop cannot exclude or shorten it. The seller is liable for defects for two years from delivery of the goods.
- The presumption works in your favourIf a defect appears within two years of purchase, the law assumes it already existed at delivery. It is the shop that must prove otherwise - not you.
- 14 days to respondThe seller has 14 days to respond to your complaint. No response within that time means the complaint is deemed accepted.
- No receipt requiredAny proof of purchase is enough: a bank transfer confirmation, a card statement, an order e-mail.
- You complain to the shop, not the service centreThe addressee is the seller you bought from - not the manufacturer or a brand hotline. The shop cannot redirect you "to the service centre" if you chose the statutory route.
Warranty - the manufacturer’s voluntary promise
A warranty is an additional commitment, usually from the manufacturer, whose terms are set out in the warranty document: duration, scope of repairs and how to report faults. It may last one year, two years or longer - and if the document does not state a period, two years from handover applies.
The most important rule: using the warranty never takes away your statutory rights. If a warranty repair fails, you can still complain to the seller about non-conformity with the contract - as long as two years from delivery have not passed.
Repair, replacement, refund - in what order
Under a statutory complaint you first demand repair or replacement. The shop may offer the other of the two if your choice would be impossible or excessively costly, but the repair or replacement must happen within a reasonable time and without excessive inconvenience to you.
A price reduction or a refund comes in the second step - among others, when the seller refused to repair or replace, a repair attempt failed, the defect persists despite repair, or it is significant enough to justify immediate withdrawal. The shop may refuse a refund only for an insignificant defect - and it is the shop that must prove the defect is insignificant.
Which route to choose in practice
- A fault soon after purchaseA complaint to the seller is usually better: the defect presumption works for you, and large electronics retailers such as x-kom or Media Expert have well-established complaint procedures in stores and online.
- The manufacturer offers convenient serviceWhen the warranty includes door-to-door repair or on-site replacement, it can be faster than the statutory route. Check the warranty document for what exactly it covers.
- Goods bought abroad or on an Asian platformEnforcing rights against a non-EU seller can be difficult - use the platform’s dispute system first, and if you paid by card, consider a chargeback.
- Near the end of the second yearIf the two-year seller liability is about to expire, file the statutory complaint before the deadline - the manufacturer’s warranty may last longer, but its terms are often narrower.
Important
When filing a complaint, always state in writing which route you are using: "statutory non-conformity with the contract" or "warranty". Otherwise the shop may route your case to the manufacturer’s service centre by default.
Practical tips
- Describe the fault specifically and attach photos or a video - you will speed up processing and make it harder to dismiss the complaint.
- Keep a copy of the complaint and confirmation of filing - the seller’s 14 days run from that date.
- Do not pre-agree to a repair if you demand replacement - the shop must respond to your demand, not its own proposal.
- After two failed repairs of the same defect you have strong grounds to demand a refund.
- In a dispute, municipal consumer ombudsmen and the Trade Inspection help free of charge - it is worth mentioning them in correspondence with the shop.
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