Returns, warranties and the 14-day withdrawal right in Portugal

In short: In Portugal, two separate rights protect shoppers and are easy to confuse. First, for most things bought online or at a distance you can change your mind and withdraw within 14 calendar days, with no reason and no penalty — the direito de livre resolução in Decreto-Lei 24/2014, which transposes the EU Consumer Rights Directive (2011/83/EU). Second, whatever and wherever you buy, a legal guarantee of conformity covers defects — three years for new goods since 2022 under Decreto-Lei 84/2021. If a trader will not play fair, the Livro de Reclamações (Decreto-Lei 156/2005) records a formal complaint. CourtStairs answers Portuguese and EU consumer questions like these in plain language, with citations to the Diário da República and EUR-Lex you can check yourself.

Consumer law in Portugal layers national rules on top of EU rules, and the two rights people mix up are the right to change your mind and the right to a working product. They come from different laws, run on different clocks, and apply in different situations. This post keeps them apart — in plain English, for expats, foreigners and Portuguese readers who search in English.

Can I return an online order in Portugal within 14 days?

Yes — for most distance and off-premises purchases you can withdraw within 14 calendar days, with no reason and no penalty, and get a full refund. This is the direito de livre resolução in Decreto-Lei 24/2014.

If you buy at a distance — online, by phone, by mail order — or away from the trader's premises, you get a cooling-off period of 14 calendar days to resolve the contract for any reason, or none. This is the direito de livre resolução in articles 10 and following of Decreto-Lei 24/2014, the Portuguese transposition of Directive 2011/83/EU.

When the 14 days start depends on what you bought:

• Goods: from the day you (or someone you nominate) physically receive the goods. For an order delivered in parts, it runs from the last item.
• Services and digital content/services: from the day the contract is concluded.

You do not have to justify the decision. To exercise it, you send the trader an unequivocal statement — a letter, an email, or the model withdrawal form — and it is wise to keep proof (a registered letter or a dated email). Silence or simply refusing delivery is riskier than a clear written notice.

What withdrawal costs, and what it does not

After a valid withdrawal, the trader must refund everything you paid — including the standard delivery charge — within 14 days of being informed (they may wait until they receive the goods back, or proof you sent them). You must send the goods back within 14 days, and you normally bear the direct cost of return unless the trader agreed to pay it or forgot to warn you that you would.

Not everything can be returned

Article 17 of DL 24/2014 lists exceptions where the free-withdrawal right does not apply. The common ones:

• Custom-made or clearly personalised goods.
• Goods that are perishable or that go off quickly.
• Sealed goods unsuitable for return for health or hygiene reasons, once you have opened them (think cosmetics, earrings, underwear).
• Goods inseparably mixed with other items after delivery.
• Digital content not on a physical medium, where performance has begun with your prior consent and acknowledgement that you lose the right.
• Sealed audio, video or software you have unsealed.

How long is the legal guarantee on products in Portugal?

Since 1 January 2022, the legal guarantee of conformity is three years for new goods from delivery, and at least 18 months for used goods, under Decreto-Lei 84/2021. It is free, automatic, and separate from any brand warranty.

The withdrawal right is about changing your mind. The legal guarantee of conformity (garantia legal de conformidade) is about the product being faulty or not as described — and it applies to every consumer sale, in-store or online. It comes from Decreto-Lei 84/2021, in force since 1 January 2022, which transposed EU Directives 2019/771 (goods) and 2019/770 (digital content and services).

For new movable goods, the guarantee lasts three years from delivery. During the first two years, any lack of conformity that shows up is presumed to have existed at delivery, so the burden is on the seller, not on you. For used goods, buyer and seller may agree a shorter guarantee, but never less than 18 months. Digital content and services are covered for the contract's duration, or two years for one-off supplies.

If a good is not in conformity, the law sets an order of remedies. You first choose between repair or replacement; only if those fail, are impossible, or are disproportionate can you move to a price reduction or termination (a refund). Each repair adds six more months of guarantee to the repaired part, up to a limit of four repairs. Usefully, DL 84/2021 removed the old obligation to report the defect within two months — you are protected for the whole guarantee period.

Legal guarantee vs commercial warranty — what's the difference?

People often assume a brand's warranty is all they have. It is not. The legal guarantee is a mandatory right you always have against the seller; the commercial warranty is an optional extra offered by a brand or shop. One can never shrink the other.

How do I complain when a shop refuses my consumer rights?

Start with the Livro de Reclamações (Complaints Book): file a complaint on paper in the shop or online at livroreclamacoes.pt, and it is forwarded to the competent regulator. If that does not resolve it, escalate free of charge to a consumer arbitration centre.

When a trader refuses to honour your rights, the first formal step is the Livro de Reclamações (Complaints Book), governed by Decreto-Lei 156/2005 (amended by Decreto-Lei 74/2017). Almost every business dealing with the public must keep a paper book at each establishment and provide access to the electronic book at livroreclamacoes.pt. They cannot refuse to hand it over.

1. Complain in writingFill the paper book in the shop, or file online at livroreclamacoes.pt. Keep your copy or the confirmation email.
2. It reaches the regulatorThe complaint is forwarded to the competent authority (e.g. ASAE, ANACOM, or a sector regulator) — automatically for online complaints.
3. The business must respondIt should reply to you, as a rule within 15 working days, explaining its position.
4. Escalate if unresolvedTake the dispute to a Centro de Arbitragem de Conflitos de Consumo (consumer arbitration centre) — free or low-cost.

The Complaints Book creates an official record and can trigger inspection or a fine, but it does not by itself order a refund or compensation. For a binding decision, use alternative dispute resolution (RAL) through a consumer arbitration centre. For disputes up to €5,000, a consumer can require the trader to take part in arbitration, and for essential public services (water, electricity, gas, communications) arbitration is compulsory when the consumer chooses it. Bodies like DECO and the municipal consumer information centres (CIAC) can guide you, and the EU ODR platform and the European Consumer Centre help with cross-border online purchases. For small money claims you can also use a peace court — see our guide to the Julgados de Paz small-claims process. And if the dispute involves your personal data, your GDPR rights in Portugal run in parallel.

Where CourtStairs fits

This is exactly what CourtStairs is built for: it separates the two rights people confuse, gives a plain-language answer, and links each point to its source — DL 24/2014 and Directive 2011/83/EU for withdrawal, DL 84/2021 for the legal guarantee, DL 156/2005 for the Complaints Book — so you can open the Diário da República or EUR-Lex and read the provision yourself. It works in English and Portuguese and has a free tier.

This is general information about the law, not legal advice. Deadlines, exceptions and thresholds turn on the exact facts, EU and national rules interact, and the law changes, so confirm anything important against the primary source or a qualified adviser before you act.