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Claiming under the Legal Guarantee on Goods in Portugal

The three year warranty, the two year presumption in your favour, the repair, replace, or refund order, and the law behind it.

Claiming under the Legal Guarantee on Goods in Portugal

Last verified: September 2026.

Who this is for

  • You bought something from a shop, dealer, or online store in Portugal, and it has broken or does not work.
  • The seller says the warranty has run out, or refuses to repair, replace, or refund.
  • You bought a new home from a developer and have found a defect.

Not for you if: you bought from another private person. For cars, see Buying a Used Car in Portugal.

Updated September 2026. New EU right to repair rules were due to apply from 31 July 2026, but Portugal has not yet passed its national law.

When you buy goods from a business in Portugal, the law gives you a free three-year guarantee (garantia legal). If the item develops a fault in that time, the seller must repair or replace it. If that fails, you can get a price cut or your money back. For the first two years, the seller must prove that the fault was your doing. You do not have to prove anything. Claiming costs nothing, and the seller should fix the problem within 30 days.

Who is covered

The legal guarantee applies when:

  • you buy as a private person, for your own use, not for your business;
  • the seller is a business, such as a shop, chain, dealer, or online store;
  • you bought the item on or after 1 January 2022.

It does not apply if you buy from another private person, for example a neighbour or someone on a classified ads site. It also does not cover goods you buy for your business.

Online marketplaces. If you buy through a platform that controls the sale, the platform shares responsibility with the seller. This applies, for example, when you pay through the platform and it sets the terms. A platform that does not control the sale must tell you who the seller is and how to contact them.

How long the guarantee lasts

All periods run from the day the item is delivered to you.

What you boughtGuaranteeSeller must prove it was not faulty
New goods: appliances, phones, furniture, cars3 yearsFirst 2 years
Goods with digital features, such as a smartwatch3 years, or the length of the contract if longerFirst 2 years
Used goods3 years, or 18 months if you agreed in writingFirst 2 years, or first year if reduced
Refurbished goods, labelled as such on the invoice3 years, cannot be reducedFirst 2 years
Digital content or a service supplied once, such as a download2 yearsFirst year
Digital content or a service supplied over time, such as a subscriptionLength of the contractWhole period
A new home, structural defects10 yearsWhole period
A new home, other defects5 yearsWhole period

The guarantee stops running while the item is with the seller for repair. It restarts when you get it back.

Why the first two years matter most

For goods, any fault that appears within two years of delivery is presumed to have existed when you received the item. The seller can only refuse if they prove otherwise, for example that you dropped it.

In the third year, the guarantee still applies, but you must show the fault was there from the start. A report from an independent technician usually does this.

What you can ask for

In the first 30 days. If a fault appears within 30 days of delivery, you can ask for an immediate replacement or a full refund. You do not have to accept a repair.

After 30 days. You choose repair or replacement. The seller can refuse your choice only if it is impossible or costs far more than the other option.

The repair or replacement must be:

  • free, including transport of the item;
  • done within a reasonable time, normally no more than 30 days;
  • done without serious inconvenience to you.

If that does not work. You can choose a proportional price cut or cancel the sale for a full refund if:

  • the seller does not repair or replace the item, or takes too long;
  • the seller refuses;
  • the same fault comes back, or a new one appears;
  • the fault is so serious that you should not have to wait.

You cannot cancel the sale over a very minor fault. The seller must refund you within 14 days, using the same payment method you used.

Extra cover after a repair. Each repair adds six months to the guarantee on that item, up to four repairs. A replacement item gets a new guarantee of its own.

Going to the manufacturer. You can also ask the manufacturer directly to repair or replace the item. This is useful if the shop has closed.

What is not covered

The legal guarantee covers faults, not every problem. It does not cover:

  • damage from misuse, accidents, or not following the instructions;
  • faults you were told about before you bought the item, such as a discounted display model with a known scratch;
  • normal wear and tear;
  • parts that are meant to wear out, used beyond their normal life.

A manufacturer or shop may offer its own warranty (garantia comercial), sometimes for a fee. This is extra. It can never replace or shorten your legal rights.

If a shop says "the manufacturer's warranty has expired", your legal guarantee still applies for three years. The commercial warranty must be given to you in writing, in Portuguese, by the time of delivery. If the advert promised better terms than the written warranty, you get the better terms.

How to make a claim, step by step

  1. Find your proof of purchase. A receipt, invoice, bank statement, or order confirmation all work. Invoices with your NIF are also stored on the e-Fatura portal; see Validating Your Invoices on e-Fatura in Portugal.
  2. Tell the seller in writing. Use email, a letter, or the seller's online form, so you have proof. Say what the fault is, when you bought the item, and what you want: repair, replacement, or a refund.
  3. Make the item available. The seller pays for collection or return postage.
  4. Keep records. Note dates, names, and repair reports. Ask for a written receipt when you hand the item over.
  5. Wait up to 30 days for a repair or replacement, unless the seller agrees a longer time with you for a good reason.

You must go to the seller within the guarantee period. After you report a fault, you then have two years to take legal action if the seller does not act.

If the seller refuses or stalls

  1. Use the complaints book. Every business must offer one, on paper or online. See Filing a Consumer Complaint in Portugal (Livro de Reclamações).
  2. Go to a consumer arbitration centre. These are official centres (centros de arbitragem de conflitos de consumo) that settle disputes by mediation or a binding decision. For claims up to €5,000, the business must take part if you choose this route. You pay no court fee upfront. The Directorate-General for Consumers (DGC) lists the centres. Your local council may also have a consumer information office that can help.
  3. Go to a peace court or the ordinary courts. For claims up to €15,000, see Resolving a Dispute through the Peace Courts (Julgados de Paz).

If you have not finished paying for the item, you can hold back the rest of the price until the seller meets its duties. This does not apply to instalments that are already overdue.

Buying online: the 14-day right to cancel

If you bought online, by phone, or away from the seller's premises, you also have a separate right. You can cancel most purchases within 14 days of delivery, for any reason, and get your money back.

This is different from the legal guarantee. The 14-day right is for changing your mind. The three-year guarantee is for faults. You can use whichever fits your situation.

Spare parts and the right to repair

Manufacturers must make spare parts available for 10 years after the last unit of a product goes on sale. Where EU eco-design rules set a different period, those rules apply instead.

New EU right to repair rules were due to apply from 31 July 2026. They add an extra 12 months to the guarantee when you choose repair instead of replacement. They also require manufacturers to repair some everyday products, such as washing machines and phones, even after the guarantee ends. Portugal missed the deadline, and its national law was still pending in September 2026. Until it passes, the six months per repair described above still applies.

Sources

This guide is written from official Portuguese and EU sources and, for prices and contact details, the providers' own websites.

Last verified September 2026. Rules and fees change; check the official source before acting.

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