Legal guarantee vs commercial guarantee: the difference

EU law knows two kinds of guarantee for goods. The legal guarantee is a right the consumer always has. A commercial guarantee is an extra that a business chooses to give. Sellers mix them up all the time, and from 2026 each one has its own EU notice or label.

Side by side

	Legal guarantee	Commercial guarantee
Other names	Legal guarantee of conformity, statutory guarantee, “the 2-year warranty”	Warranty, manufacturer’s warranty, extended warranty, guarantee of durability
Comes from	The law (Directive 2019/771 and national law)	A promise by a producer, seller or third party
Who is liable	The seller	Whoever gives it
Length	At least 2 years; longer in some countries	Whatever the guarantor promises
Cost to consumer	Free	Free or paid
Covers	Faults and non-conformity present at delivery	What the guarantee statement says
Can be excluded	No	It is optional by nature
EU artefact (from 27 Sept 2026)	The harmonised notice, mandatory	The GARAN label, only for qualifying durability guarantees

The legal guarantee

The seller is liable for any lack of conformity that becomes apparent within at least two years of delivery. The consumer gets repair or replacement, free, and then a price reduction or a refund. For a fault that appears early, the law presumes it existed at delivery. Read the EU 2-year warranty law for the details and the periods by country.

The commercial guarantee

A commercial guarantee binds whoever gives it, on the terms of its guarantee statement, and on the terms in its advertising if those are better. Under Directive 2019/771 the statement must be on a durable medium and say, in plain language:

• that the consumer has a legal guarantee from the seller, free of charge, and that the commercial guarantee does not affect it;
• the name and address of the guarantor;
• how to make a claim;
• which goods it covers, and its terms.

A commercial guarantee can be generous or narrow. What it cannot do is take anything away from the legal guarantee.

Where sellers go wrong

• Calling the legal guarantee a “free 2-year warranty” as if it were a gift from the shop. It is a legal right.
• Selling an extended warranty that only repeats what the legal guarantee already covers. The Unfair Commercial Practices Directive bans presenting rights the consumer has by law as a distinctive feature of the offer.
• Showing a guarantee badge with no guarantee statement behind it.
• Using the GARAN label for a shop warranty, a paid plan, or a two-year period. Only a free producer guarantee of durability of more than two years qualifies.

What to show on your product pages

1. Always: the harmonised legal guarantee notice, in the consumer’s language.
2. Only if the producer gives a qualifying durability guarantee: the GARAN label with the years, brand and model.
3. For any other warranty: a clear guarantee statement with the information above.

On Shopify, Assay shows the notice on every product page and the GARAN label on the products you set up. The free plan covers the notice.