Short answer
For defective goods, the EU framework normally starts with repair or replacement. The consumer chooses between them unless one is impossible or disproportionately costly. The seller must act free of charge, within a reasonable time and without significant inconvenience. Price reduction or termination—and therefore reimbursement—comes next if cure is unavailable, refused, unsuccessful or seriously delayed, or the defect is serious. A minor defect does not justify termination.
Separately supplied digital content or services follow a similar sequence, but the consumer first has a right to conformity rather than a choice labelled “repair or replacement”. A missing promised or necessary security or functionality update can itself be non-conformity.
These rights arise through Member States' laws transposing Directives (EU) 2019/771 and 2019/770. Which national law applies, the contract date, whether supply is one-off or continuous, and whether the digital component is part of a tangible product can change the result.
First identify what was supplied
governs consumer sales of tangible movable goods. It also covers a “good with digital elements”: for example, a smart device whose incorporated or connected software or service is supplied with it and is needed for the product to function. If it is doubtful whether that digital element forms part of the sales contract, the directive presumes that it does.
instead governs separately supplied digital content and services, such as software, cloud storage or streaming. It can apply where the consumer provides personal data rather than money, unless used exclusively for supply or legal compliance. In a mixed bundle it generally governs only the digital element.
The goods claim is against the seller, even where a producer supplied faulty software; the separate-digital claim is against the trader. Upstream redress is a separate national-law matter.
A defect includes broken promises and failed objective expectations
Both directives require promised description, quality, functionality, compatibility, purpose and updates. Goods and digital supplies must also meet objective expectations for normal use, features and security, taking account of their nature, advertising and public statements.
A particular deviation requires specific disclosure and express, separate acceptance at contracting. A broad disclaimer in standard terms is insufficient.
Incorrect installation by the seller, or by the consumer because of deficient instructions, can count as non-conformity. Digital integration and restrictions caused by third-party rights can also trigger remedies.
Missing updates can make a product or service defective
The update duty is not confined to features expressly promised. Article 7(3) of Directive 2019/771 requires necessary updates, including security updates, for smart goods. For a one-off digital supply with the good, the period is what the consumer may reasonably expect given the type, purpose, circumstances and contract. For continuous supply, the duty tracks the directive's applicable continuous-supply period.
Directive 2019/770 uses the same core idea for separate digital supplies. The trader must provide:
“updates, including security updates, that are necessary to keep the digital content or digital service in conformity”. —
For continuous supply, that duty lasts throughout the contract; for one-off supply, for the reasonably expected period. Neither directive generally requires upgrades beyond conformity, but a missing or defective necessary update can be a defect.
A consumer who does not install an update within a reasonable time does not automatically lose all rights. Liability is excluded only for non-conformity resulting solely from that omission, and only if the seller or trader informed the consumer about the update and the consequences and deficient installation instructions did not cause the failure.
Goods: the consumer normally chooses repair or replacement
Article 13(2) of Directive 2019/771 states:
“the consumer may choose between repair and replacement”. —
The selected remedy may be denied if impossible or disproportionately costly compared with the alternative, considering value, significance and inconvenience. The seller may refuse both only where both are impossible or disproportionate.
Repair or replacement must be free, timely and avoid significant inconvenience. The consumer makes the goods available; the seller pays to take back replacements. Cure includes necessary removal and reinstallation of properly installed goods. Normal use before replacement is not chargeable.
When price reduction or termination becomes available
For goods, reduction or termination is available where cure is impossible, disproportionate, refused or improperly completed; the defect persists; it is sufficiently serious; or timely, convenient cure clearly will not occur. Reduction follows lost value. The seller must prove a defect barring termination is minor.
The Court of Justice illustrated the test's objective nature in . A vehicle contained prohibited emissions-control software. Under repealed Directive 1999/44, the Grand Chamber held that this defect:
“is not to be classified as ‘minor’ even where the consumer would still have purchased that vehicle”. —
The judgment does not interpret Directive 2019/771. It shows only why willingness to purchase does not itself make a regulatory software defect minor.
Termination requires a statement to the seller. The consumer returns goods at the seller's expense; reimbursement follows receipt or proof of dispatch, subject to national modalities. The legal question is whether a right to terminate exists, not simply whether a refund was demanded.
Digital content: cure first, but not necessarily “repair or replace”
Under Directive 2019/770, the consumer may require conformity free of charge, within a reasonable time and without significant inconvenience. The trader may choose a suitable technical method within those constraints.
Reduction or termination follows if cure is impossible, disproportionate, defective, unsuccessful, or will not occur properly, or the defect is serious. A paid digital supply cannot be terminated for a minor defect; the trader bears proof. With personal data rather than payment, there is no price to reduce, and that minor-defect restriction is framed for paid supply.
For failure to supply, the consumer normally first calls on the trader, then may terminate after continued failure. Clear refusal or a missed essential time permits immediate termination. Reimbursement is due within 14 days, by the same method without fees. Continuous contracts receive proportionate reimbursement for the defective and prepaid future periods.
Liability periods and proof are not identical
For goods, minimum liability is two years from delivery, but Member States may go longer. A defect within one year is presumed present at delivery; national law may extend that to two years. For continuously supplied digital elements, the seller bears proof during the relevant period. National options also cover notification and second-hand goods.
For one-off digital content, the trader bears proof for a defect appearing within one year; any national apparent-defect liability period must be at least two years. For continuous supply, conformity, liability and proof continue through the contract. National law supplies limitation procedures and matters left open.
The rules change for new goods contracts on 31 July 2026
As at 29 July 2026, Member States must apply the amendments in from 31 July 2026, and only to sales contracts concluded from that date. Among other changes, the seller must inform consumers about the repair/replacement choice and, where repair occurs:
“the liability period shall be extended once by 12 months.” —
The amending directive contains a tailored derogation for national systems without fixed seller-liability periods. This future-applying change reinforces why the contract date and the actual national transposition must be checked rather than treating the directive text as a direct private-party warranty.
A practical claim sequence
Identify the contract, counterparty and whether the item is a smart good or separate digital supply. Preserve promises, advertisements, errors and update notices. For goods, select repair or replacement subject to proportionality; for digital supply, require conformity. If a second-tier gateway applies, state whether reduction or termination is sought. Then check national liability, proof, limitation, notification and enforcement rules, including the 2022 and 2026 contract-date transitions.
Conclusion
EU consumer law does not make refunds the automatic first response to every defect. Goods generally begin with the consumer's qualified choice of repair or replacement; digital supplies begin with a right to conformity. Price reduction or termination follows when cure is unavailable, unsuccessful, seriously delayed or unnecessary because the defect is serious. Missing necessary updates can create non-conformity, while a consumer's uninformed failure to install does not excuse the supplier. The exact claim still depends on the correct directive, supply model, contract date and national transposing law.
Sources
This article provides general legal information, not advice for a specific matter. Laws, facts and procedural deadlines may change the result. Follow the linked primary sources and obtain local advice before acting.