Consumer rights and guarantees
Do you sell goods or services to Belgian consumers? If so, you'll have a number of legal obligations you need to meet. You must provide information to your consumers, offer them a legal guarantee and, in some cases, give them the right to cancel a purchase.
Legal guarantee
As a seller, you must offer consumers a two-year guarantee on all consumer goods. This is a legal right that always applies, even if it is not mentioned in your general conditions.
What is the legal guarantee?
- This guarantee applies to all consumer goods sold by a seller to a consumer.
- It covers any lack of conformity that appears within two years of the purchase.
- For second-hand goods, the two-year legal guarantee can be limited to one year, subject to clear communication to the consumer.
- The consumer must provide notice of the fault within two months of finding it.
What are your obligations as a seller?
- As the seller, it is you, not the manufacturer, who is responsible for the legal guarantee.
- In the event of lack of conformity (faulty, incomplete, or not matching the description), you must repair or replace the product at the consumer's discretion, or provide a price reduction/refund if this is not possible.
- You are required to inform consumers of their right to a two-year guarantee.
Commercial or contractual guarantee
You can offer your consumers a commercial guarantee, provided it is more advantageous than the legal guarantee.
What is a commercial guarantee?
- This is a voluntary guarantee in addition to the legal guarantee offered by the seller or manufacturer.
- You set the conditions yourself: the duration, cover and procedures, and any price applicable.
What are your obligations as a seller?
- A commercial guarantee supplements the legal guarantee. Always state that the two-year legal guarantee applies in addition to the commercial guarantee.
- The conditions of the guarantee must be clear, understandable and provided in writing.
The right of withdrawal
In the case of a distance contract (online, by telephone) or one concluded outside your commercial establishment, the consumer has the right to cancel the contract free of charge and without providing a reason. As a company, you must inform them that they have this right.
What is the right of withdrawal?
- The consumer may withdraw within 14 calendar days:
- of receipt of the goods, for sales contracts;
- of the conclusion of the contract, for service contracts.
- You must refund all amounts paid by the consumer, including delivery charges. Unless otherwise specified, the consumer shall bear the cost of returning the goods.
- You must clearly state the consumer's right of withdrawal before concluding the contract.
What are your obligations?
- Inform the consumer in writing of their right of withdrawal, for example in your general terms and conditions and in the purchase confirmation email.
- Provide a withdrawal form template.
- Refund the purchase within 14 days of receipt of the withdrawal.
Exceptions
The right of withdrawal does not apply in all cases. For example, if you sell customised goods, perishable goods, sealed goods which, once unsealed, cannot be returned for hygiene reasons, or digital content (not supplied on a physical medium) which has already been downloaded with the consumer's consent.
Unfair commercial practices
The law prohibits misleading and aggressive commercial practices towards consumers. This includes, for example, misrepresentation of your goods or services, false discounts or sales techniques that encourage consumers to make a decision they would not otherwise have made. This also includes the omission of important information, such as the total price or the actual features of a product.
Compliance with these rules is monitored by the FPS Economy. As a company, you can also report a breach. Breaches may give rise to administrative fines or legal action.
Consumer disputes: What to do if you get a complaint
Have you received a consumer complaint? First, try to resolve your dispute with them yourself. If this is not possible, you can try mediation to resolve disputes outside the courts.
Your obligations as a company
- Find a solution directly with the consumer concerned and record the agreements in writing. This protects you in the event of a subsequent dispute. If no amicable solution can be found, you must inform the consumer of the option to use an alternative dispute resolution solution.
- Refer the consumer to the organisation responsible for your sector or to the Consumer Mediation Service.
Who can consumers turn to?
- Consumer Mediation Service: in the event that the consumer and the company fail to reach an agreement.
- European Consumer Centre: mediation service for cross-border disputes with sellers established in another EU Member State, Norway or Iceland.
- ConsumerConnect: the reporting platform for breaches of consumer law. Doesn't settle individual disputes, but reports breaches of the law.
List of competent dispute resolution bodies
Frequently asked questions
Does the legal guarantee also apply when a customer buys something during a sale?
Yes. Whether the purchase takes place during a sale or at any other time, the legal guarantee applies to all consumer goods sold by a seller to a consumer. The consumer is entitled to a two-year guarantee from the date of purchase.
What's the difference between the legal guarantee and a commercial guarantee?
The legal guarantee is mandatory and is valid for two years from the date of purchase. The seller cannot limit this guarantee. Commercial guarantees are not mandatory and are offered by the seller or manufacturer. They determine the conditions themselves, including the duration, cover and procedures. Commercial guarantees may be free of charge or subject to a fee. They must strengthen consumers' legal rights, and must be more advantageous than the legal guarantee.
Who can the consumer turn to if I fail to honour the guarantee?
Consumers may contact the Consumer Mediation Service. This service receives consumer complaints, provides information about the out-of-court dispute settlement options and acts as mediator if no other mediation service is competent. In the event of cross-border disputes with a seller from another EU Member State, Norway or Iceland, consumers can contact the European Consumer Centre (ECC Belgium).
Consumers can also report breaches of consumer law to the Economic Inspectorate via ConsumerConnect.
Do I also have to state the right of withdrawal if I sell something on social media?
Yes, you do. Sales made via social media are considered distance selling. The rules of the Belgian Code of Economic Law (CDE) apply. You are required to inform consumers of their 14-day right of withdrawal, including when sales are made via social media. As this type of purchase is often made on a small screen (such as a smartphone), you only need to provide the essential information straight away: product features, your identity as a company, the total price, the right of withdrawal and the duration of the contract. You can make the other information available via a link in the purchase confirmation.