To clarify what rights consumers have in such cases, RTL Today spoke to Julie Jasson, legal expert at the European Consumer Centre (ECC) Luxembourg.
Every product purchased within the European Union is covered by a two-year legal guarantee of conformity.
This means that goods must match the description, be fit for purpose and correspond to what was agreed at the time of purchase. If an item arrives faulty, damaged, visibly worn, missing original labels, or showing signs of prior use, the consumer has the right to act.
In such cases, the buyer should inform the seller as soon as the problem is discovered and request instructions on how to return the goods and request a refund
Most online retailers state in their terms and conditions that items which appear worn or are returned without labels will not be accepted, but this does not exclude the legal guarantee. Any contractual provision that is contrary to the legal guarantee is not applicable.
Proof is often the most sensitive issue in disputes of this kind, as it is rarely possible to demonstrate with absolute certainty that a defect existed at the exact moment the parcel was opened. Nevertheless, consumers are encouraged to gather as much evidence as possible, including:
Consumers are also advised to check the state of the parcel before accepting delivery and, if visible damage is present, to report it to the courier immediately.
There is no legal provision on a specific format for customer service, meaning that retailers may use AI-based chat systems.
However, sellers are still required to provide an address on their website. Consumers are therefore strongly advised to verify that clear contact details are available before making a purchase, especially when ordering from online platforms operating across borders.
For the resolution of cross-border consumer disputes, residents of Luxembourg can seek free-of-charge assistance from the ECC Luxembourg. The centre handles cases involving consumers based in Luxembourg and sellers registered in the EU, Norway, Iceland and the United Kingdom.
Consumers can contact the ECC easily via online forms or by phone, after which a legal expert will respond as soon as possible. Appointments for in-person consultations at the centre’s premises can also be scheduled. All services are provided free of charge.
The centre is financially supported by the European Commission, the Government of Luxembourg, and the Luxembourg Consumer Association (ULC).
