“It's your fault”: when the seller refuses the warranty

The fridge handle that snaps, the smartphone stuck on a black screen… and the seller who says: “You misused it.” This refusal has become the top warranty complaint in Belgium.

Reports rising fast

According to figures from the FPS Economy's Economic Inspection reported by Le Soir on 21 September 2026, nearly a thousand warranty-related reports were recorded in 2025, 50% more than in 2024. By mid-September 2026, 1,141 cases had already been filed.

FPS Economy spokesperson Etienne Mignolet sums it up: the seller often refuses the warranty, arguing the consumer misused the product. Warranties and after-sales defects are also the number one topic at the administration's Contact Center.

The rule: for 2 years, the seller must prove it

For a new item bought from a professional for private use, the seller is liable for defects that appear within 2 years of delivery. Since 1 June 2022, Belgian law presumes the defect already existed at delivery if it appears within those 2 years.

In practice: you don't have to prove you used the device properly. If the seller claims misuse, it is up to them to show it, for example with a precise diagnostic report.

For second-hand goods, the period can be reduced to 1 year if clearly agreed; the presumption then follows that period.

What the warranty doesn't cover

• accidental breakage or impact (a screen cracked after a fall, for example);
• normal wear of a consumable part;
• use contrary to the manual, if actually proven;
• a defect you knew about when buying.

A sentence like “it's probably your fault” is not proof.

Facing a refusal: 5 reflexes

1. Ask for the refusal in writing, with the exact reason.
2. Demand the diagnostic report if misuse is claimed.
3. Remind them in writing of the 2-year presumption and ask for free repair or replacement.
4. Attach your proof of purchase and delivery date: nothing starts without them.
5. Keep a copy of every exchange, with dates.

Still stuck? Report it on ConsumerConnect and contact the Consumer Mediation Service. Our practical guide walks through each step.

Where Garanti helps

Garanti keeps your receipts and invoices, shows the end of each warranty from delivery and prepares the claim email with your proofs. You send it yourself. Garanti cannot promise the seller will agree, but you will have the right evidence at the right time.

The Garanti habit: Keep your proof of purchase and repair invoices in Garanti: if something breaks or the seller refuses, your claim file is ready in seconds. Try it free

Sources

• FPS Economy — The warranty law (French)
• Le Soir — Garantie légale : tout ce qu'il faut savoir… (21 September 2026, French)

Article written by Pierre Leonet, founder of Garanti, on 9 November 2026. General information, not advice on an individual case.