Recital 91

(91) Economic operators initiating a product recall should offer consumers at least two options between repair, replacement, or adequate refund of the value of the recalled product, except where impossible or disproportionate. Offering consumers a choice between remedies can improve the effectiveness of a recall. In addition, incentives to motivate consumers to participate in a recall, such as discounts or vouchers, should be encouraged in order to increase the effectiveness of recalls. The repair of the product should only be considered a possible remedy if the safety of the repaired product can be ensured. The amount of the refund should be at least equal to the price paid by the consumer, without prejudice to a further compensation as provided for in national laws. Where no proof of the price paid is available, an adequate refund of the value of the recalled product should still be provided. In the event of recalls of the tangible medium for digital content within the meaning of Article 2, point (1) of Directive (EU) 2019/770, the refund should cover all sums paid by the consumer under the contract, as provided for in Article 16(1) of that Directive. Any remedy should be without prejudice to the consumers’ right to damages under national law.

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Source: EUR-Lex CELLAR · retrieved 2026-08-26 · Text as adopted (Official Journal); later amendments are not incorporated in this text.