Withdrawal or legal guarantee of conformity: which one to invoke?
A customer wants a refund : is it a simple change of mind or a defective product ? Depending on the case, the rules are not the same. Two distinct and cumulative rights, both of European origin. Withdrawal (Directive 2011/83/EU; in Ireland, S.I. No. 484/2013) lets you cancel a distance sale within 14 days, without giving a reason, with a full refund. The legal guarantee of conformity (Directive (EU) 2019/771; in Ireland, under Irish consumer law) covers manufacturing defects or non-conformity of the product for two years from delivery, in-store as well as online.
Comparison table
Practical case no.1: product received and a change of mind
A consumer orders a pair of shoes online. On receipt, they realise the style no longer appeals to them. Withdrawal applicable within 14 days, without giving a reason, with a full refund. The legal guarantee does not apply here: the product is compliant, there is no defect.
Practical case no.2: defective product discovered after 14 days
A consumer buys a coffee machine online. Three weeks after receipt, it breaks down. Withdrawal impossible(period passed), but legal guarantee of conformity applicable for two years from delivery. The merchant must offer free repair or replacement, or refund if the repair is not carried out within a reasonable time.
Practical case no.3: defective product discovered within the 14 days
Both rights can be relied upon. In practice, withdrawal is faster (no proof of the defect, full refund). The guarantee may be preferred if the consumer wants to keep the product after repair. The merchant cannot refuse withdrawal on the grounds that the defect would rather warrant the guarantee : it is the consumer who chooses their legal basis.
What about the merchant's commercial guarantee?
The commercial guarantee (often called an « extended warranty ») is offered voluntarily by the merchant beyond the mandatory legal guarantee. It is optional for the merchant and may or may not be paid for by the consumer. It can NEVER restrict the rights arising from the legal guarantee (Directive (EU) 2019/771). Where it exists, it adds to the legal rights, without replacing them.