The words warranty and guarantee are often used as though they mean the same thing. Under EU consumer law, they do not. The distinction becomes even more important from 27 September 2026, when new harmonised guarantee information starts appearing more prominently in retail and ecommerce.
Here are the three concepts merchants should understand.
1. Legal guarantee of conformity
The legal guarantee is based on law. It concerns the seller's responsibility when goods do not conform to the sales contract. Under Directive (EU) 2019/771, the seller is generally liable for a lack of conformity that exists at delivery and becomes apparent within two years, although national law can provide additional or more favourable consumer protection in relevant areas.
The key point is simple: the consumer does not need to buy this protection. It exists because of law. A retailer therefore should not present the legal guarantee as a special benefit offered voluntarily by the business.
2. Commercial guarantee
A commercial guarantee is different. It is an additional commitment from a seller or producer — for example, "five-year manufacturer guarantee." Commercial guarantees can offer additional protection, longer periods or specific remedies. But they do not remove or replace the consumer's legal rights.
EU consumer sales legislation specifically requires commercial guarantee statements to explain that the consumer's legal remedies remain unaffected by the commercial guarantee.
3. Commercial guarantee of durability
This is the concept that becomes particularly important under the new 2026 information framework. A commercial guarantee of durability is a producer commitment concerning the durability of the good. The concept focuses on the product continuing to maintain its required functions and performance through normal use.
For the new harmonised durability label to become relevant, the guarantee described in the new rules must meet specific conditions. It must be offered by the producer; provided at no additional cost; cover the entire good; and last more than two years. The producer must also make the relevant information available to the trader.
Why does the EU distinguish them?
Because a shopper may see "5-year warranty" and incorrectly assume this is the same thing as their statutory consumer rights. It is not. The new system aims to make those differences clearer: the harmonised legal-guarantee notice reminds consumers of their statutory rights, while the durability label highlights a qualifying producer durability guarantee. The two elements are intentionally designed to complement each other.
A simple ecommerce example
Imagine an online store selling two washing machines.
- Product A — the manufacturer offers its normal commercial warranty, but it does not meet the conditions for the harmonised durability label.
- Product B — the producer offers a qualifying commercial guarantee of durability covering the entire washing machine, free of charge, for five years, and provides the information to the retailer.
The store should not treat those two products identically. The general legal-guarantee notice concerns consumer legal rights; the durability-label logic is product-specific. This is why simply adding a GARAN graphic to every product page would be the wrong implementation approach.
What should merchants do?
Before September, ecommerce teams should create a clear distinction in their product data between legal rights, commercial guarantees, and qualifying durability guarantees. For larger catalogues, this becomes as much a data-management problem as a design problem: who provides the durability period, where it is stored, which products qualify, which country and language the customer is using, and what happens when a manufacturer's guarantee changes.
These questions become much easier to handle when guarantee information is part of the ecommerce system rather than manually embedded into individual product descriptions.
Where WarrantyARK fits
WarrantyARK Connect is designed to provide a structured compliance layer for WooCommerce stores. The goal is to automate the display of harmonised EU guarantee information while connecting the purchase with the customer's WarrantyARK account after checkout — so the same guarantee information remains useful after the sale.
Remember the difference
- Legal guarantee → consumer right created by law.
- Commercial guarantee → additional promise by a seller or producer.
- Commercial guarantee of durability → specific producer durability commitment relevant to the new harmonised label when the required conditions are met.
Getting those three concepts right is the starting point for implementing the September changes correctly.
Read next: The GARAN durability label explained · EU guarantee compliance 2026 — the full guide · Regulation (EU) 2025/1960 explained
Preparing your WooCommerce store for the 2026 EU guarantee changes?
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Check your store → Get the pluginGeneral information only; not legal advice. Consult the official texts of Directive (EU) 2019/771, Directive (EU) 2024/825 and Implementing Regulation (EU) 2025/1960, or a qualified adviser.