EU law establishes a clear framework for commercial relationships between businesses and consumers. These regulations are incorporated into Belgian law and are collectively referred to as consumer law. Compliance is mandatory, and derogations (contractual opt-outs) are not permitted.
Under these rules, consumers are entitled to return goods or services to a business within a specific timeframe if the purchase is found to be non-conforming (i.e., it does not meet the expected standards).
It is important to distinguish between the legal warranty, which is a statutory obligation, and the commercial warranty, which is an optional gesture that a business may choose to offer.
Legal warranty
Seller’s duty to inform: before a contract is finalised, the seller must inform the consumer about the existence of the legal guarantee of conformity. While you do not need to provide exhaustive details, you must clearly remind the customer that this guarantee exists. Many businesses overlook this requirement, referring only to their own commercial warranties.
Scope of application : this regulation applies to the sale of physical goods, as well as water, electricity, software, and any movable objects integrated or interconnected with digital content or services.
Duration : if a product is non-conforming, any consumer who has entered into a contract with a seller (including those purchased through an intermediary that acted on his behalf) has two years from the date of delivery to invoke the legal warranty. As a business, you are legally required to honour this warranty.
Burden of proof and resolution : once a defect is reported, it is presumed to have existed at the time of delivery. This means that if a product becomes defective at any point during the two-year guarantee period, the law assumes that the defect existed at the time of delivery. Consumers must report any lack of conformity within two months of becoming aware of it.
If the seller refuses to comply with their obligations regarding the guarantee for consumer goods, the consumer has one year, starting from the day the defect was discovered, to bring legal proceedings against the seller. After this period, the claim is considered time-barred.
Consumers also have a duty to avoid unnecessarily aggravating damage. If a dispute arises, an amicable solution is usually preferred.
Defining non-conformity:
- Quality: a product is considered non-conforming if it lacks the quality or characteristics a consumer can reasonably expect.
- Installation: a defect may also arise from incorrect installation by the seller (or someone acting on their behalf), or by the consumer if the provided installation instructions were flawed.
- Exceptions: Non-conformity does not apply if the consumer was specifically informed at the time of purchase that a particular feature deviated from standard criteria and they expressly accepted this as part of the contract.
Specific conditions for the two-year limit
- Live animals: in Belgium, the legal warranty period for live animals is limited to one year.
- Second-hand goods: for used products, the warranty period may be reduced, but it must be at least one year.
- Suspension of the period: the warranty period is suspended while a product is being repaired or replaced, or while the consumer and the seller are negotiating an amicable settlement.
Which remedies in case of non-conformity of a good?
If a product is found to be non-conforming, the following steps apply:
- The first priority is to repair or replace the item. The seller must offer these options unless one is impossible or disproportionately expensive compared to the other. All associated costs—including labor, parts, and shipping—must be borne by the seller.
- If repair or replacement is not possible or cannot be completed within a reasonable timeframe, the seller may:
- Offer a price reduction;
- Rescind the contract (referred to as "resolution"), resulting in a cancellation of the sale and a refund.
More information about the legal warranty (French/Dutch only).
Commercial warranty
A business may choose to offer a commercial warranty as an additional benefit beyond the legal requirement (for example, providing a three-year warranty instead of two). This extra protection is contractually agreed upon and can be offered to the consumer either free of charge or for a fee.