Skip to content

Returns and reverse logistics

Keeping a warranty promise in Europe

What can go wrong when a brand promises EU customers repair or replacement: the two-year guarantee, and why the fix can cross the border twice.

EFC 6 min read

A brand promises its EU customers repair or replacement, prices the promise once, and never checks what it costs to keep. The mistake is rarely in the price. It sits on the customs side of the promise.

The promise itself is not the problem

Every consumer in the EU who buys goods from a professional seller benefits from a minimum legal guarantee of two years from delivery. That guarantee sits in Article 10 of Directive (EU) 2019/771. Where the goods do not conform to the contract, the consumer chooses between repair and replacement. The exception is where the remedy chosen would be impossible, or would impose costs on the seller that are disproportionate compared with the other remedy. The comparison weighs the value of the goods, the significance of the lack of conformity, and the convenience of each option to the consumer. Repair, where it is chosen, has to be free of charge: the seller bears the cost of removal, installation, and labour where those are needed.

None of that is unusual, and none of it is the part that goes wrong. A brand that has read the Directive and priced a two-year guarantee into its unit economics has done the hard part correctly.

Where it actually breaks

What goes wrong is what happens physically after the promise is made. A unit fails at a customer’s address in the EU. Somebody has to look at it and decide whether it can be fixed on the spot or needs to go back to the factory. If it needs to go back, somebody has to send it, get it fixed, and send it back again. When the factory is outside the EU, that return trip is, by default, two customs events. There is an export, and then an import that customs has no way of recognising as anything other than a new shipment.

Unless a specific relief is claimed and evidenced, a returning repaired unit is taxed as if it had never been in the EU before. Full duty, calculated on the whole unit rather than on the repair, lands on a device the customer already paid for once. The brand absorbs it, because the promise was “free repair.” A customs bill on top of a free repair is not a cost anyone budgeted for.

The same trap can catch replacement, not just repair. A brand ships a replacement unit from outside the EU while the faulty one is still with the customer or in transit back. Two units are now moving in opposite directions across the same border. Both movements are read by customs as ordinary trade unless the paperwork says otherwise.

The reliefs that exist for exactly this

The Union Customs Code, Regulation (EU) No 952/2013, has procedures built for this pattern. They only work if they are set up before the goods move, not discovered afterwards.

Outward processing (Articles 259 to 262) lets goods be exported temporarily for repair. They are re-imported charged on the processing cost, not on the value of the whole unit. Where the repair is done free of charge because of a warranty obligation or a manufacturing defect, Article 260 goes further. The result is total relief, with no duty due on the return, provided that can be established to customs. Evidence of the free-of-charge repair, such as the warranty terms and a service report, has to travel with the import declaration.

Returned goods relief (Article 203) covers a different situation. Goods that left the EU as EU goods and come back within three years, unchanged, are relieved of import duty on re-entry. The matching VAT relief sits in the VAT Directive, Council Directive 2006/112/EC, Article 143(1)(e). It exempts the re-importation of goods in the unaltered state from VAT, provided they also qualify for the import duty relief. This is the fit for a rejected or unused unit sent back, more than for a unit that has actually been repaired abroad.

Both reliefs are conditional, not automatic, and both need documentation that ties the returning unit to what left in the first place. Neither helps a shipment that already crossed the border with no procedure claimed on the way out.

The fix most brands actually need

Reading the reliefs correctly is the first step, and it removes the double charge on a repair loop that genuinely has to leave the EU. The stronger fix, where it is available, is to stop the round trip happening at all. That means holding the repair capability, or a stock of replacement units, inside the EU. A failed unit then never leaves the customs territory to begin with. A return that stays inside the EU is a warehouse movement, not a customs event, and there is nothing for a border to tax twice.

The mechanics of that are set out in the return that crosses the border twice. The same piece covers what changes when a returning part is repaired locally instead of sent home. Deciding what is worth holding in Europe in the first place applies to spares as well as demo and swap units. That decision is covered in holding spare parts and demo units in Europe.

None of this is legal, customs or tax advice. The legal guarantee and the choice between repair and replacement are questions for the brand’s own legal and customs advisers. So is which relief fits a specific repair flow.

How this runs at EFC

EFC’s base in Portugal is run with our logistics partner. Returns and repairs sit there on the same floor as the rest of a brand’s European stock. A failed unit that reaches us from an EU customer stays inside the EU. It is inspected, and depending on the brand’s own rules, it is restocked, repaired, or written off, without a second border crossing.

The customs side of a warranty promise is worth pricing before the promise is made public, not after the first claim comes in. A two-year guarantee is a two-year commitment to a working repair loop. That loop is a logistics and customs design question as much as a legal one.

Where a repair genuinely needs to go back to the factory, that is handled as outward processing from the start. The warranty evidence is prepared in advance rather than assembled under pressure once a shipment is already stopped at the border.

Sources

LabelValueSource
Legal guarantee, minimum periodthe seller is liable for any lack of conformity that becomes apparent “within two years” of deliveryDirective (EU) 2019/771, Article 10(1), EUR-Lex, opened 2026-09-25
Repair or replacement, consumer’s choicethe consumer chooses between repair and replacement unless the chosen remedy is impossible or disproportionate compared with the otherDirective (EU) 2019/771, Article 13, EUR-Lex, opened 2026-09-25
Outward processing, repair loopgoods exported temporarily for repair are re-imported charged on the processing cost, not the full valueRegulation (EU) No 952/2013, Articles 259-262, EUR-Lex, opened 2026-09-25
Outward processing, free-of-charge warranty repairtotal relief from import duty on re-entry where the repair is free of charge under a warranty obligation or manufacturing defect, established to customsRegulation (EU) No 952/2013, Article 260, EUR-Lex, opened 2026-09-25
Returned goods reliefgoods exported as Union goods are relieved of import duty if returned within 3 years, in the same stateRegulation (EU) No 952/2013, Article 203, EUR-Lex, opened 2026-09-25
VAT relief on returned goodsre-importation of goods in the unaltered state is exempt from VAT, provided the goods also qualify for import duty reliefDirective 2006/112/EC, Article 143(1)(e), EUR-Lex, opened 2026-09-25

Questions

Further questions

What is the EU legal guarantee period for consumer goods?

A minimum of two years from delivery, under Article 10 of Directive (EU) 2019/771. It applies to every consumer in the EU buying goods from a professional seller.

Does a consumer get to choose repair or replacement?

Yes, under Article 13 of Directive (EU) 2019/771, unless the chosen remedy is impossible or would impose costs on the seller that are disproportionate compared with the other remedy. Repair, where chosen, has to be free of charge, including removal, installation and labour where needed.

Why does a warranty repair sometimes cost duty twice?

Because a unit that leaves the EU for repair and comes back is taxed by default as a new import, on the whole unit, unless a relief is claimed and evidenced. Customs cannot see that the box in front of it is a repair, not fresh stock, unless the procedure says so.

How does a warranty repair avoid paying import charges twice?

Outward processing, under Articles 259 to 262 of the Union Customs Code, re-imports repaired goods charged on the repair cost, not the whole unit; where the repair is free of charge under a warranty obligation, Article 260 gives total relief from import duty, evidenced to customs. The stronger fix is holding repair capability or replacement stock inside the EU, so the unit never leaves the customs territory to begin with.

The operating base

We hold your stock in Portugal and deliver each order from inside the EU.

Tell us what you ship and where your customers are. We will plan the import, customs clearance, VAT and returns with you.

Get a quote