Guarantee for products purchased in Portugal

Any product purchased in Portugal has a mandatory guarantee period during which the consumer is protected in the event of a fault.

This page provides information on the following:

Duration of the guarantee

Products and services sold in Portugal are guaranteed for:

  • 5 years for immovable property (land, houses, buildings)
  • 3 years for movable property (everything not considered immovable).

By agreement between the seller and the purchaser, used movable property may be sold with a guarantee of only one year.

Resolving problems during the guarantee

When can the guarantee be activated?

The guarantee may be activated when the product:

  • is not fit for the purpose of goods of such kind (e.g. a freezer cools but does not freeze)
  • does not have the qualities claimed in the advertising, labelling or description provided by the seller (e.g. a heater advertised as intelligent but that is not)
  • is faulty or no longer works (e.g. a television with no sound)
  • has been poorly installed by the seller or consumer, provided the assembly instructions were followed.

Options for resolving the problem

In the event of one of the situations mentioned above, the consumer is entitled to choose one of the following solutions:

  • repair
  • replacement
  • reduction in price
  • cancellation of purchase.

If the consumer contacts the seller, he or she may choose one of the four solutions; if the consumer contacts the producer or representative, he or she may only opt for repair or replacement.

The solution chosen by the consumer must be reasonable; they may not, for example, demand the replacement of a car because of a problem with a windscreen wiper blade, or demand a repair which is more expensive than a product replacement.

Cost of resolving a problem

The cost of solving the problem, be it related to transport, materials or labour, cannot be charged to the consumer.

Period of repair or replacement of the product

The repair or replacement of:

  • movable property must be done within a maximum of 30 days
  • immovable property must be done within a reasonable time, taking the nature of the fault into account

In the event of a replacement or repair, the new product or parts exchanged have a new guarantee period. Ensure that you are given proof of the exchange or of the replacement of parts to be able to take advantage of the new guarantee period.

Deadline for reporting a problem

After identifying a problem, the consumer must report it within a maximum of:

  • 2 months for movable property
  • 1 year for immovable property.

The consumer only has to present proof of purchase and is not required to prove that the problem exists. The seller may examine the product to try to prove that the problem occurred after delivery, but this procedure cannot be charged to the consumer.

Consumers cannot make a claim if:

  • the fault was caused by misuse or an accident (e.g. dropping a telephone)
  • they were aware of the fault before they purchased the product.

For further information see the Directorate-General for Consumers portal.

Consumer dispute resolution

Should the seller not wish to comply with the obligations regarding the product guarantee, consumers may exercise their rights through legal proceedings.

After reporting a problem, consumers may exercise their rights in court:

  • within 2 years for movable property
  • within 5 years for immovable property.

Before starting court proceedings they may try to resolve the problem through a Consumer Dispute Arbitration Centre. Dispute resolution through Consumer Dispute Arbitration Centres is normally quicker and cheaper than through the courts.

For further information see the Directorate-General for Consumers portal.

Commercial warranty

A seller may offer the consumer a commercial warranty that is longer than the guarantee period required by law.

The conditions and duration of the commercial warranty are established by the product manufacturer or seller.

A commercial warranty may be offered or charged to the consumer. If the consumer opts not to pay for the commercial warranty, they continue to be protected by the normal guarantee period.

This type of guarantee must be delivered to the consumer in a durable form, e.g. on paper or CD. To use the commercial warranty of a product, a supporting document may be required during the period added to the normal guarantee period.

The commercial warranty delivered to the consumer must contain:

  • the rights guaranteed by the regular guarantee, and a declaration that the latter are not affected by the commercial warranty
  • the price of the commercial warranty
  • the additional rights, time period and conditions of use of the commercial warranty
  • where that commercial warranty applies (only in an establishment, place, country or throughout the world)
  • the contact details of the party providing the warranty (name and address or email).

Right to free termination

The right to free termination or right of withdrawal allows the consumer to annul the purchase without having to provide a reason and to recover the amounts paid without incurring any costs.

The right to free termination applies for 14 days to remote purchases, such as those made by telephone, or outside the commercial establishment, by door-to-door sales for example.

If the consumer wishes the provision of service to begin during the free termination period, the provider may require them to make a request by means of a durable medium, e.g. by letter.

Even if provision of the service starts during the free termination period, users may continue to exercise the right to free termination. In this case they will pay for the days of service provision in proportion to the value agreed in the contract.

Should the consumer exercise the right to free termination, the seller must reimburse all amounts paid by the consumer, including delivery costs.

If the consumer has asked for the delivery to be made in a way that differs from normal practice, the seller is not obliged to reimburse the delivery cost.

For further information see the Economic and Food Safety Authority website.

Telephone purchases

The contract of sale by telephone is only final after consumers have signed the offer or sent their written consent.

This rule does not apply if the consumer made the first contact.

For further information see the Economic and Food Safety Authority website.

Assistance services

For more information or if you need help, please contact Direção-Geral do Consumidor (DGC):