EU consumer rights issue – Military.eu rejected warranty claim citing “misuse” (boots failed within weeks)

Hello,

I’m looking for advice regarding a rejected warranty claim under EU consumer law.

I’m from Portugal and bought them from Poland by military.eu.

I purchased a pair of Magnum MAGG WP boots from military.us at the end of November. After approximately one month of normal, non-intensive use, the outer material on both boots began peeling and they lost their water resistance. The condition progressively worsened.

Within less than three months, one of the boots tore through the outer layer, exposing the inner lining. The damage is far beyond what would be expected from normal use and is inconsistent with the level of wear.

I have previously owned Magnum boots that typically last several years (2–4 years) under similar or heavier usage without issues, which reinforces my belief that this is not normal wear and tear.

I submitted a warranty claim under EU consumer guarantees, provided photos and videos, and requested a replacement or refund. The seller responded stating that the boots were returned to me and that the damage was due to “misuse,” without providing a technical explanation or evidence.

My questions: • Under EU consumer law, what are my options when a seller refuses a claim and attributes failure to misuse without justification? • Is the burden of proof on the seller to demonstrate misuse in this case? • What would be the recommended next step (formal complaint, chargeback, consumer authority, small claims, etc.)?

Any guidance on how to proceed would be appreciated.

Thank you.