Guarantees in watchmaking: the essential legal framework
Whenever watch guarantees come up, absolute certainties appear at once: “it’s two years”, “after 30 days they have to give you a new one”, “it’s the brand’s fault”. The reality is less folkloric and far more interesting. Portuguese law defines quite precisely who is liable, for how long and under what conditions — yet in the watch trade myths keep circulating that have little to do with what is actually written in the Diário da República. Before discussing specific cases, it is worth starting with the essentials: what is genuinely required by law and what is merely commercial practice.
The legal regime applicable to the sale of watches
The sale of watches to consumers in Portugal is governed by Decree-Law No. 84/2021 of 18 October, which sets out consumer rights in the sale of goods and transposes Directive (EU) 2019/771.
Official text: https://dre.pt/dre/detalhe/decreto-lei/84-2021-172938301
This law applies whenever there is a sales contract between a trader and a consumer, and it covers tangible movable goods — a category into which watches, whether mechanical or electronic, naturally fall.
Under Article 12 of that law, the seller is liable for any lack of conformity that exists at the time the goods are delivered and becomes apparent within the legal period.
One essential point should be stressed: Legal liability always lies with the seller. Not with the manufacturer, nor with the technical service centre, unless they have given a commercial guarantee of their own.
The legal guarantee: three years for new goods
Decree-Law No. 84/2021 establishes that the seller is liable for any lack of conformity that becomes apparent within three years of delivery of the goods.
This means that:
New watches benefit from a three-year legal guarantee.
Second-hand watches may have a shorter period, down to a minimum of eighteen months, provided that such a reduction is expressly agreed and clearly communicated to the consumer.
The legal guarantee is mandatory and cannot be excluded by less favourable contractual terms. Any provision to the contrary will be considered null and void.
What is a “lack of conformity”?
The law has abandoned the traditional term “defect” and adopted the broader concept of lack of conformity (Articles 5 to 9 of Decree-Law 84/2021).
A watch is not in conformity when, for example:
– It does not match the contractual description;
– It does not have the qualities presented;
– It is not fit for the normal use of goods of the same type;
– It does not offer the quality and performance normally to be expected.
In the watchmaking context, situations such as a malfunctioning movement, structural failures of the case or water-resistance problems within the stated limits may qualify as a lack of conformity.
The following do not constitute a lack of conformity:
– Normal wear and tear resulting from use;
– Damage caused by improper use;
– Work carried out by unauthorised third parties.
The distinction is legally relevant and must be assessed case by case.
Consumer rights
when there is a lack of conformity under the guarantee
Faced with a lack of conformity, the consumer is entitled, under Article 15 of Decree-Law No. 84/2021, to demand:
– Repair;
– Replacement;
– A proportionate price reduction;
– Termination of the contract.
Conformity must be restored free of charge, within a reasonable period and without significant inconvenience to the consumer.
It is important to clear up an idea often repeated in the trade:
The law does not set an automatic 30-day deadline for repairs.
In fact, Decree-Law No. 84/2021 (which governs the legal guarantee in Portugal) provides for an indicative period of 30 days, but with express conditions and exceptions, rather than a rigid deadline that automatically confers every right on the consumer without examining the specific case.
Article 18 of that law establishes that repair or replacement must be carried out:
“within a reasonable period from the moment the trader is informed of the lack of conformity”;
“without significant inconvenience to the consumer”;
and adds that “the period for repair or replacement should not exceed 30 days”**
** "except in situations where the nature and complexity of the goods, the seriousness of the lack of conformity and the effort required to complete the repair or replacement justify a longer period." Article 18(3) of Decree-Law No. 84/2021
This means that 30 days is a reference parameter in the law, but it is not an absolute deadline that applies without exception in every situation. The law itself opens the door to longer periods when:
the goods are technically complex;
the defect or lack of conformity requires in-depth repairs;
or other circumstances justify a longer period.
The fundamental legal criterion remains that of a reasonable period, assessed case by case in light of the nature of the watch and the inconvenience to the consumer — not a fixed 30-day deadline that automatically creates a new right without examining these circumstances.
Practical examples of the repair period
1. Simple quartz watch
An ordinary quartz watch develops a fault in its electronic circuit within the legal guarantee period. The part is available in Portugal and the technical work is simple.
In this case, a repair that goes well beyond 30 days will hardly be considered reasonable.
There is no significant technical complexity and no extraordinary dependence on rare parts. If the period drags on without justification, the consumer may demand replacement or even termination of the contract.
Here, the 30 days serve as a strong benchmark.
2. Standard mechanical watch
An automatic mechanical watch shows an anomaly in the gear train or an amplitude problem. The brand requires it to be sent to an official service centre abroad, and the supply of parts depends on the manufacturer.
If the repair exceeds 30 days but is properly justified by:
– the need for an in-depth diagnosis;
– ordering specific components;
– international shipping;
The 30 days are the standard period, and exceeding them is acceptable where there is an objective technical justification, under Article 18 of Decree-Law No. 84/2021.
3. Highly complicated watch or rare piece
Imagine a mechanical chronograph with an integrated architecture, a perpetual calendar or a vintage piece whose component has not been produced for decades.
If the work requires:
– making or adapting a component;
– specialised hand work;
– sending the watch to the brand’s workshop;
a period of more than 30 days may be perfectly compatible with the legal criterion of reasonableness.
In this scenario, merely exceeding the 30-day period does not automatically give rise to a right to replacement.
What can make the period “unreasonable”?
Regardless of the watch’s complexity, the period may cease to be reasonable when:
– there is no communication whatsoever with the customer;
– the delay results from internal disorganisation;
– there is no plausible technical justification;
– the consumer is deprived of the item for a disproportionate period with no alternative.
The central element in the legal assessment is not just the number of days, but the circumstances as a whole.
The 30-day period is not an automatic stopwatch that triggers the obligation to replace. It is a reference parameter that must be analysed in light of the nature of the watch, the technical complexity and the diligence of the trader.
In watchmaking, where simple industrial products coexist with pieces of high mechanical engineering, this distinction is not a detail — it is absolutely structural.
Legal guarantee and commercial guarantee
Another point that needs clarifying is the distinction between the legal guarantee and the commercial guarantee.
The legal guarantee derives directly from the law and is mandatory. It is always provided by the seller.
The commercial guarantee is voluntary and additional.
It may be granted by the manufacturer or by the seller and is governed by Article 28 of Decree-Law No. 84/2021. It neither replaces nor limits the rights conferred by the legal guarantee.
In practice, many watch brands offer international commercial guarantees. From a legal standpoint, however, primary liability towards the consumer remains with the seller.
Online sales and distance contracts
When the watch is bought from an online shop, Decree-Law No. 24/2014 of 14 February, on distance contracts, also applies.
Official text:https://dre.pt/dre/detalhe/decreto-lei/24-2014-572450
In these cases, the consumer has a right of withdrawal within fourteen days, without having to give any reason.
There are, however, exceptions relevant to the watch trade, notably for goods made to the consumer’s specifications or clearly personalised. In such situations, the right of withdrawal may not exist.
Watch repairs
a different regime
Repairs do not fall under the regime for the sale of goods, but under the regime of the contract for work (empreitada), set out in Articles 1207 et seq. of the Civil Code.
Consolidated text: https://dre.pt/dre/legislacao-consolidada/decreto-lei/1966-34509075
In this context, the repairer undertakes to carry out the service with appropriate technical diligence and is liable for defects in the work performed.
The repair guarantee covers the service provided and not the watch as a whole, unless otherwise agreed.
Selling Watches
Seller’s Obligations and Special Situations
Having set out the general legal framework, it is time to get down to the practical ground of the watch trade. Selling watches — new, second-hand or personalised — entails specific responsibilities that cannot be set aside by internal policy or by the manufacturer’s instructions.
Who is liable under the guarantee
In legal terms, the rule is simple:
Whoever sells is whoever gives the guarantee.
Under Decree-Law No. 84/2021, liability for a lack of conformity lies with the seller who concluded the contract with the consumer. Even where there is an international brand guarantee or an official service centre, primary liability towards the customer rests with the trader who invoiced the item.
"1 - The trader is liable for any lack of conformity that becomes apparent within three years of delivery of the goods."
Article 12(1) of Decree-Law No. 84/2021
This means that it is not legally correct to refer the consumer directly to the manufacturer as a way of avoiding liability.
The seller may, of course, use internal procedures with the brand. But that is a relationship between traders, not between trader and consumer.
New watches
New watches are covered by the three-year legal guarantee. During that period, any lack of conformity that becomes apparent triggers the rights provided for in Article 15 of Decree-Law No. 84/2021: repair, replacement, price reduction or termination of the contract.
In the first two years an important presumption applies: the lack of conformity is presumed to have existed at the time of delivery, unless proven otherwise. This strengthens the consumer’s position.
Under Article 13 of Decree-Law No. 84/2021, the presumption works as follows:
During the first two years from delivery of the goods, any lack of conformity that becomes apparent is presumed to have existed at the time of delivery, unless proven otherwise.
This means that, in the first two years:
The consumer does not have to prove that the defect was original.
It is up to the seller to show that the lack of conformity resulted from improper use, abnormal wear or a subsequent event.
And in the third year?
In the third year this presumption no longer applies.
In other words:
The consumer is still entitled to the guarantee until the three years are up.
But the burden of proof is reversed.
In the third year, it is the consumer who will have to show that the lack of conformity already existed when the watch was delivered.
In practice, this significantly shifts the evidential balance.
Example:
– If a mechanical movement develops a structural problem after 18 months, it is presumed that the cause already existed.
– If the same problem appears at 2 years and 8 months, the consumer will have to prove that it is an original defect and not wear or improper use.
Second-hand watches
For second-hand goods, the law allows the guarantee period to be reduced to a minimum of 18 months.
However, that reduction must be:
– expressly agreed;
– clear;
– made before the purchase;
– provable in writing.
Without express agreement, the general period applies.
Legally safest approach:
Include the clause in the sales document or invoice
Include a specific reference to the reduced period
Obtain the customer’s signature
Example: This item is second-hand. The parties expressly agree that the seller’s period of liability is reduced to 18 months, pursuant to Article 12(3) of Decree-Law No. 84/2021.
In the watch trade, this is particularly relevant when selling vintage or pre-owned pieces.
Personalised watches
Here a fundamental distinction comes in between two separate legal regimes:
– Legal guarantee of conformity;
– Right of withdrawal.
Even a personalised watch still has a legal guarantee against lack of conformity. The fact that it is personalised does not remove the duty to deliver a functional, conforming item.
What may not exist is the right of withdrawal in online sales, under Article 17 of Decree-Law No. 24/2014, when the item is made to the consumer’s specifications or clearly personalised.
In other words:
Personalisation does not remove the legal guarantee.
Personalisation may remove the right to a no-questions-asked return within 14 days.
These are different legal planes.
In-store sales
In sales made in a physical shop there is no automatic right to return an item because the buyer has changed their mind.
If the consumer changes their mind, whether a return is accepted depends on the seller’s commercial policy.
The law only protects the consumer when there is a lack of conformity.
Confusing a commercial return with the legal guarantee is one of the most frequent mistakes in the watch trade.
Online sales
Distance sales are governed by Decree-Law No. 24/2014.
The consumer has 14 days to withdraw from the contract without having to give a reason.
The refund must include the price paid and the standard delivery costs.
However, the consumer is liable for any diminished value of the item if handling goes beyond what is necessary to establish the nature, characteristics and functioning of the watch.
For high-value watches, this distinction is relevant and must be clearly communicated in the terms of sale.
Watch repairs
technical responsibility and legal framework
Unlike the sale of a new watch, a repair is not subject to the regime of Decree-Law No. 84/2021.
The legal framework is found in the regime of the contract for work (empreitada) set out in the Civil Code, Articles 1207 et seq.
Article 1207 defines the contract for work as follows:
“A contract for work is the contract by which one of the parties undertakes towards the other to carry out a certain work in return for a price.”
When a customer hands in a watch for a service, restoration or technical work, the watchmaker undertakes to carry out a specific work — not to sell a new item.
The professional’s liability concerns the correct execution of the agreed work.
Article 1208 establishes that:
“The contractor must carry out the work in accordance with what was agreed and without flaws that eliminate or reduce its value or its fitness for ordinary use or for the use provided for in the contract.”
The repairer is therefore liable for defects in the service performed. If the work is a full service, they are liable for the quality of that service. If it is the one-off replacement of a component, they are liable for that specific work.
It is essential to distinguish between a failure of the work carried out and wear or failure of a component that was not worked on.
Liability does not automatically extend to parts that were not worked on.
The Civil Code further provides, in Article 1221, that:
“If the work has defects, the owner may demand that they be eliminated; if they cannot be eliminated, he may demand a reduction of the price or termination of the contract.”
The law does not set a specific guarantee period for repairs.
The assessment is made in light of the contract and the nature of the work. For that reason, it is prudent to state expressly in the estimate or the service terms the guarantee period that applies to the repair.
Sending by post
and liability during transport
At a time when sending watches by courier or post is common, the question of risk needs clarifying.
Until the watch has been received by the professional, the transport risk lies, as a rule, with the sender. Once it is received, the professional assumes the duty of diligent safekeeping of the item.
The Civil Code establishes, in Article 762(2):
“In performing the obligation, as in exercising the corresponding right, the parties must act in good faith.”
This principle requires care in the safekeeping, packing and return of the watch.
When the return shipment is organised by the professional, liability for transport continues until delivery to the recipient, unless otherwise agreed in the contract or covered by appropriate insurance.
In the event of damage or loss, proof of the watch’s condition at the time it was received is decisive.
Documenting the initial condition — by written description or photographic record — is a recommended and prudent practice.
Standard Contract Terms
When form matters as much as content
Whenever a professional uses pre-drafted terms — whether on an invoice, an estimate, a repair ticket or terms published on a website — the regime of Decree-Law No. 446/85 of 25 October, which governs Standard Contract Terms (Cláusulas Contratuais Gerais), comes into play.
Official text: https://dre.pt/dre/detalhe/decreto-lei/446-1985-218082
This law applies whenever the customer accepts terms that were not individually negotiated. That is precisely what happens in most commercial relationships in the watch trade.
Article 5 establishes an essential principle:
“Standard contract terms must be communicated in full to the adhering parties who merely sign or accept them.”
It is not enough for the clause to exist. It must be communicated effectively and appropriately.
Article 6 reinforces this duty by providing that:
“The contracting party that uses standard contract terms must inform the adhering party of the aspects covered by them that warrant clarification.”
And Article 8 goes even further:
“Clauses that have not been communicated in accordance with Article 5 are deemed excluded from individual contracts.”
This means that a clause may simply have no effect if it has not been properly communicated. It is not voidable: it is excluded.
In the watchmaking context, this regime has direct implications for matters such as:
– Reducing the period of liability for second-hand goods;
– Limiting the repair guarantee to the service performed;
– Excluding liability for parts supplied by the customer;
– Conditions relating to postal shipping and transport risk;
– Estimated turnaround times.
It is not enough to place these matters in generic text or in barely visible print. Communication must be clear, perceptible and made before the contract is concluded.
Moreover, the law itself provides that clauses which create a significant imbalance to the detriment of the adhering party, or which run counter to mandatory rules, are null and void.
In practice, this means that:
What the law allows can be invalidated if the clause is not properly communicated.
Formal transparency is an integral part of legal validity.
The “small print” does not protect the professional — it exposes them.
The Standard Contract Terms regime does not replace the guarantee regime.
It complements it. While Decree-Law No. 84/2021 defines substantive rights, Decree-Law No. 446/85 defines the rules on the validity of the clauses that give effect to them.
In an activity where precision is a structural value, the architecture of contracts must also be precise.
Important Note
This article is for information purposes only and is no substitute for consulting the applicable legislation or for specialised legal advice. Despite the care taken in analysing and citing the legal provisions in force at the date of publication, the Instituto Português de Relojoaria accepts no liability for any errors, omissions, subsequent legislative changes or interpretations differing from those presented here. In case of a specific doubt or particular situation, we recommend consulting a qualified professional or the official legal sources.
Sources of Information
Portuguese Legislation
– Decree-Law No. 84/2021 of 18 October Legal regime of consumer rights in the sale of goods https://dre.pt/dre/detalhe/decreto-lei/84-2021-172938301
– Decree-Law No. 24/2014 of 14 February Contracts concluded at a distance and off business premises https://dre.pt/dre/detalhe/decreto-lei/24-2014-572450
– Portuguese Civil Code Articles 1207 et seq. (contract for work); Article 762 (principle of good faith) https://dre.pt/dre/legislacao-consolidada/decreto-lei/1966-34509075
– Law No. 24/96 of 31 July Consumer Protection Act https://dre.pt/dre/detalhe/lei/24-1996-226730
Institutional Sources
– Diário da República Electrónico (DRE) Official publication of Portuguese legislation https://dre.pt
– Direção-Geral do Consumidor Institutional information on consumer rights https://www.consumidor.gov.pt
– European portal “Your Europe” Consumer rights in the European Union https://europa.eu/youreurope/citizens/consumers/index_pt.htm
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