Gültigkeitsgebiet: Bundesweit
Legal conformity guarantee for goods
A. Statutory warranty system
Consumers have a right to ensure that the goods they purchase are free of defects.
If a purchased item nonetheless proves to be defective, the buyer is entitled to statutory warranty rights.
This claim is directed against the seller of the goods, meaning the person who sold the goods, but not against the manufacturer.
If a business sells goods to a consumer (a so-called consumer goods purchase), the seller can neither restrict nor exclude the statutory warranty. The statutory regulations are mandatory.
B. Defects of the goods
The purchased goods are defective if they do not have the condition or characteristics that were agreed upon between the buyer and seller. If the parties have not made any special agreements, the item is defective if it cannot be used as usual or is not of a quality that is customary and can be expected.
C. Time of the defectiveness
A prerequisite for a buyer's claim under warranty is that the defect already existed at the time of purchase.
The seller is not responsible for defects that arise later, for example due to improper use or wear and tear.
D. Burden of proof
If the buyer wishes to assert a warranty claim, they must generally demonstrate and, if necessary, prove that there is a defect in the purchased item and that it already existed at the time of purchase. Since it is often not easy for consumers to identify the cause of a defect, the law provides for an easier burden of proof in consumer goods purchases: Accordingly, it is presumed that defects that appear within six months after delivery of the purchased item already existed at the time of delivery. In the event of a dispute, the business owner must therefore prove that the item was free of defects upon delivery.
After the six months, the burden of proof lies fully with the buyer again. For this purpose, they can, for example, have an expert report drawn up.
E. Buyer's rights in the event of defects
If goods are defective at the relevant time, the buyer may, as a first resort, demand that the seller repair them or deliver new, defect-free goods. If this results in costs—such as for materials or the transportation of the goods—the seller must bear those costs.
The buyer may set a reasonable deadline for the seller to repair the item or deliver a new, defect-free item. If the seller fails to fulfill this obligation within the specified time, the buyer may reduce the purchase price or rescind the contract. The buyer is entitled to this right even if two attempts to repair the item have been unsuccessful.
F. Statutes of Limitations
The law does not specify a particular timeframe within which the buyer must notify the seller of the defect. However, statutory warranty rights generally expire after two years. When purchasing used goods, the statute of limitations may be reduced to one year by agreement between the parties. Therefore, in light of the six-month period during which the burden of proof is reversed, it is advisable for the consumer to act promptly.
G. Legal Basis
The legal provisions relevant to consumers regarding the statutory warranty are set forth in Sections 434 through 442 and Sections 474 through 477 of the German Civil Code.
Commercial Warranty
A. The Guarantee Institute
A guarantee is to be distinguished from the statutory warranty. A guarantee always exists when a seller, manufacturer, or a third party gives the buyer an additional assurance that goes beyond the statutory warranty rights. Such an assurance may consist, for example, of the item maintaining a certain condition within a specific period of time (durability guarantee).
Unlike statutory warranty, a guarantee is always a voluntary service that is not prescribed by law. In practice, guarantees are often offered by the manufacturer or the seller.
B. Scope of the Warranty
The guarantor can decide how long the warranty should last, what its content should be, and whether it is offered free of charge or for an additional fee. The guarantor is fundamentally free in the structuring of the warranty.
C. Warranty Statement
If a guarantee is granted, the guarantee statement must meet specific content and formal requirements in sales contracts with consumers:
If any of these requirements are not met, the warranty remains valid nevertheless.
Consumers can also request that the guarantee statement be provided to them in text form.
D. Guarantee or warranty?
It is important for consumers to know that a manufacturer’s warranty does not limit their statutory warranty rights. For example, if you have purchased a defective television, you do not have to accept the seller’s suggestion that the manufacturer has provided a warranty and that you should contact the manufacturer instead. Regardless of the warranty, the buyer always retains their warranty claims against the seller in the event of a defect. They are therefore free to decide whether they would rather assert their rights under the statutory warranty against the seller or under the warranty—for example, against the manufacturer.
E. Legal Basis
The legal provisions regarding warranties that are relevant to consumers are found in Sections 443 and 479 of the Civil Code.
Right of withdrawal
In Germany, consumers do not have a right of withdrawal for contracts concluded outside of business premises where the service is provided and paid for immediately upon conclusion of negotiations and the amount to be paid by the consumer does not exceed 40 euros.
In Germany, there is no requirement to obtain the consumer's written consent for contracts concluded over the phone.
In Germany, businesses may demand payment during the 14-day cancellation period for contracts concluded outside of business premises.
Consumer dispute resolution (for goods and services)
If a dispute arises between consumers and businesses regarding the purchase of goods or services, filing a lawsuit in court is not the only option. Consumers can also seek consumer dispute mediation. The mediation process offers consumers a way to resolve disputes quickly, without involving a lawyer and without complicated formalities.
In Germany, there are state-recognized consumer arbitration boards responsible for resolving consumer disputes. To obtain this recognition, the mediation bodies must meet certain requirements. These include, for example, ensuring that their mediators are independent, that consumers are adequately informed about the process, and that their mediation proposals are based on applicable law, with particular attention paid to mandatory consumer protection laws.
There are currently 27 recognized consumer arbitration boards in Germany. Twenty-four of them are industry-specific, meaning their jurisdiction is limited, for example, to certain economic sectors or companies. If there is no industry-specific consumer arbitration board for the dispute, the General Consumer Arbitration Boards or, alternatively, the Federal Universal Mediation Office Continue.
The consumer arbitration process is voluntary for both parties and is generally free of charge for consumers. It can be applied for and conducted online. If the company is also willing to participate in the conciliation, the consumer conciliation board gathers the necessary information and then submits a conciliation proposal, along with a rationale, to the parties within 90 days. The parties decide for themselves whether to accept the proposed solution. If the mediation proposal is not accepted by both sides, the process ends. The parties still have the option of taking the matter to court. There is no specific deadline for this.
Consumer arbitration is also available in the event of disputes with companies from another EU member state, Norway, Iceland, or Liechtenstein. The European Consumer Centre Germany refers consumers to the appropriate consumer arbitration board.
For disputes arising from contracts that consumers in an EU member state have entered into online with a company established in the EU, the European Commission has set up an online dispute resolution platform (abbreviated as the ODR platform): (link to https://ec.europa.eu/consumers/odr/main/?event=main.home2.show). This platform can be used to contact dispute resolution bodies throughout Europe or to find a solution by contacting the business directly. The ODR platform is available in all EU languages, as well as in Icelandic and Norwegian.
As the national contact point for Online Dispute Resolution EVZ Germany also provides consulting services related to the OS platform.
Legal conformity guarantee for goods
https://www.bmjv.de/DE/Verbraucherportal/KonsumImAlltag/MaengelGewaehrleistung/MaengelGewaehrleistung_node.html
European Consumer Center Germany (EVZ)
Commercial Warranty
Consumer dispute resolution (for goods and services)
The legal basis for consumer arbitration is set forth in the Law on Alternative Dispute Resolution in Consumer Matters Handled.
The Federal Office of Justice publishes a list of all Consumer dispute resolution bodies.
On the website of the Federal Universal Mediation Office Guidelines on how to apply and on the application process have been published.
This support service assists you in exercising your rights and fulfilling your obligations within the European Single Market.
