Shopping & returns

A warranty is not the same as your legal rights

A guarantee can be useful, but it does not replace the rights that arise when goods are faulty. ConsumerWise explains who is responsible, what changes over time and why an expired warranty is not always the end of the matter.

In this article

The short answer

No. A manufacturer or retailer warranty is an additional promise. Your statutory rights arise from the contract and consumer law. The expiry of a warranty does not, by itself, decide whether the seller remains responsible for faulty goods.

The phrase “out of warranty” is often treated as if it closes the discussion. It may close one route to a free repair, but it does not automatically answer the separate question of whether the goods met the standards required by the Consumer Rights Act 2015.

That distinction matters when an appliance, phone, television, piece of furniture or other product fails sooner than a reasonable person would expect. The correct starting point is not simply the date printed on the guarantee. It is the contract under which the item was supplied, the nature of the fault, the age and price of the item, and what a consumer could reasonably expect from it.

Two protections, two different sources

A warranty or guarantee

  • is a promise made by a manufacturer, retailer or another provider;
  • can impose its own reasonable claim procedure and exclusions;
  • may offer benefits beyond the legal minimum, such as collection or accidental-damage cover; and
  • does not normally remove rights against the seller.

Your statutory rights

  • arise from legislation and the sales contract;
  • usually operate against the retailer that sold the goods;
  • cannot be signed away by wording such as “no refunds” or “manufacturer only”; and
  • depend on the facts and legal remedy available, not only on the warranty period.

Your contract is normally with the retailer. A shop can offer to use the manufacturer process, and that may sometimes be convenient, but it cannot automatically transfer all responsibility to the manufacturer simply because a warranty exists.

If you choose to claim under a manufacturer guarantee, the guarantee provider can apply the terms of that guarantee. If you rely on your statutory rights, you should make clear that you are asking the retailer to consider its obligations under the Consumer Rights Act.

Do not confuse responsibility with the remedy

A retailer being legally responsible does not mean every fault produces an immediate full refund. The available remedy depends on when the fault appeared, whether the short-term right to reject has expired and whether a repair or replacement is appropriate.

Time still matters

The broad timeline

  • Within the first 30 days, qualifying faulty goods can usually be rejected for a refund under the short-term right to reject.
  • After that period, the usual first remedy is repair or replacement.
  • If a fault becomes apparent within six months, it is generally presumed to have been present at delivery unless the trader proves otherwise or the presumption is incompatible with the goods or fault.
  • After six months, the consumer will usually need evidence that the goods failed to conform when supplied.
  • A limitation period sets the time for bringing a legal claim. It is not a promise that every product must last for that entire period.

In England and Wales, a contractual claim will commonly be subject to a six-year limitation period. In Scotland, the relevant prescriptive period is commonly five years. These periods concern the time available to pursue a claim. They do not create a six-year or five-year guarantee, and they do not make the seller liable for fair wear and tear, misuse or accidental damage.

An expired warranty can still be useful evidence

Warranty documents may describe expected performance, maintenance requirements or the purpose for which the product was marketed. They may therefore help establish what was promised, even where the warranty route itself has ended.

Other useful evidence can include the receipt or bank statement, the product description, photographs or video of the fault, repair reports, error codes, correspondence and evidence of normal use and maintenance.

How to raise the issue with the retailer

  1. Identify the seller and gather proof of purchase. A receipt is helpful, but other evidence can be accepted.

  2. Describe the fault, when it began and how the product has been used.

  3. State that you are relying on your statutory rights, not only the manufacturer warranty.

  4. Explain the remedy you are seeking and why it is appropriate at this stage.

  5. Keep the product and relevant evidence available for reasonable inspection.

  6. Ask for the retailer’s position in writing if the claim is rejected.

What the law does not cover

A claim may fail where

  • the defect was specifically disclosed before purchase;
  • the consumer caused the damage or used the item contrary to clear instructions;
  • the problem is ordinary wear consistent with the product’s age and use;
  • the complaint concerns a feature the consumer simply dislikes; or
  • there is insufficient evidence to show that an older product was defective when supplied.

The ConsumerWise verdict

A warranty expiry date is not a legal finishing line. It tells you whether a particular voluntary promise remains available. It does not, on its own, decide whether the goods were sufficiently durable or whether the retailer owes a remedy under consumer law.

The safest response to “it is out of warranty” is therefore a calm clarification: you are asking the retailer to assess its statutory obligations, taking account of the product, price, age, fault and evidence. That keeps the discussion focused on the right question.

Official sources and further guidance


Stuart Stone

About the contributor

Stuart Stone

Researcher, ConsumerWise

Stuart Stone is part of ConsumerWise’s research team, covering consumer rights, complaints and public accountability. He contributes research and analysis to articles and investigations, helping turn complex issues into clear, practical information for readers.

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