Consumer protection laws set out the obligations traders must fulfil when selling goods or services and simultaneously ensure that consumers have access to appropriate remedies when things go wrong.
Understanding these rights and responsibilities helps consumers make informed purchasing decisions and enables businesses to comply with the law and strengthen their relationships with customers.
When a trader sells a product to a consumer, the product must conform to the sales contract.
In practice, this means that the item must match the description provided by the seller; it must correspond to any sample or model shown before purchase; and it must be suitable for the purpose for which it was sold.
Products must also be of satisfactory quality and perform as expected, taking into account the product’s nature and its intended use.
Let us take a simple example where a consumer buys a waterproof smartwatch that is advertised as suitable for swimming.
After a single use in a swimming pool the watch malfunctions. In this case, the consumer would be entitled to seek a free remedy from the seller.
The same principles apply to products with digital elements. Modern devices such as smartphones, wireless headphones and robotic vacuum cleaners often rely on software to function properly.
If these products are advertised as compatible with specific phone models and can be controlled through Android or iOS applications, these claims must be true.
Furthermore, where updates are necessary for a product to keep functioning well, traders must ensure that consumers have access to the necessary software updates.
If a product is defective or does not conform with the contract of sale, consumers may ask the seller to provide them with a free remedy.
These include repair or replacement and, where these are not possible or appropriate, consumers may request a price reduction or a full refund.
These rights are protected under the legal guarantee for two years from the date consumers take possession of the product purchased.
“For products bought after July 31, when a consumer chooses repair, the legal guarantee period will be extended by an additional year”
For example, if a consumer buys a washing machine and it develops a serious fault after eight months of normal use the consumer may ask either for the washing machine to be repaired or replaced.
However, if replacing the appliance would impose disproportionate costs on the seller compared with repairing it, the seller may choose to repair it first. If the repair does not resolve the product’s defect or if it cannot be completed within a reasonable time, the consumer may then be entitled to a replacement or refund.
An important recent development affecting the two-year legal guarantee and the remedies available to consumers is the introduction of the new rules under the Right to Repair Directive.
For products bought after July 31, 2026, when a consumer chooses repair as the remedy for a defective product, the legal guarantee period will be extended by an additional year.
As a result, a product repaired under the legal guarantee could benefit from three years of protection instead of two.
The main objective of this new rule is to promote more sustainable consumption by encouraging the repair of products rather than their premature replacement or disposal.
These measures seek to reduce waste, extend the lifespan of products and support the transition towards a more circular economy.
The Right to Repair Directive also places new obligations on manufacturers of specific categories of products, including household appliances such as washing machines, tumble dryers, heaters, dishwashers, refrigerators, televisions, mobile phones, tablets and other products covered by the European repairability requirements.
The new law obliges manufacturers to make spare parts available and offer repair services for defined periods, often ranging from five to 10 years.
For example, if a refrigerator develops a fault shortly after its guarantee period expires, the manufacturer may still be required to provide spare parts and repair options at a reasonable cost.
As markets continue to evolve and consumers increasingly buy both traditional and digital products, understanding consumer rights and traders’ obligations becomes more important than ever.
Consumers should be aware of their rights regarding product quality, repairs, replacements and refunds, while traders must ensure that the products they sell meet legal standards and that any issues are addressed promptly and fairly.
Ultimately, compliance with consumer protection laws should not be viewed simply as a legal obligation but as an opportunity for businesses to build credibility, strengthen customer loyalty and enhance their reputation.
Odette Vella is director, Information, Education and Research, Office for Consumer Affairs, MCCAA.
