Gültigkeitsgebiet: Bundesweit
Consumer rights and guarantees
Consumer rights in the event of defective products can arise from statutory warranty or from a given guarantee.
A. Statutory warranty system
Principles
The seller of goods is obligated to deliver goods free of defects to the buyer.
If a purchased item nonetheless proves to be defective, the buyer is entitled to statutory warranty rights.
A prerequisite for a warranty claim 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.
The warranty 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.
Defectiveness 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.
Time of defectiveness
A warranty claim exists if the defect was already present 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.
burden of proof
In principle, the buyer must state and, if necessary, prove that there is a defect in the purchased item and that it already existed at the time of purchase. In the case of consumer goods purchases, however, the law provides for a reversal of the burden of proof: Accordingly, it is presumed that defects that appear within six months of the handover of the purchased item were already present at the time of the handover. In the event of a dispute, the business owner must therefore prove that the item was free of defects upon handover. After the six months, the buyer bears the full burden of proof once again.
Seller's obligations in the event of defects
If goods are defective at the relevant time, the seller is primarily obliged to provide subsequent performance. In this regard, the buyer can choose whether they prefer a repair or new, non-defective goods. However, the seller may refuse the type of subsequent performance chosen by the buyer if it is only possible with disproportionate costs. If the seller delivers a non-defective item for the purpose of subsequent performance, they may demand the return of the defective item from the buyer.
Costs incurred for subsequent performance, such as for materials or the transport of the goods, must be borne by the seller.
If the seller fails to comply with a request by the buyer to repair or deliver new, defect-free goods within a time limit set by the buyer, the buyer may reduce the purchase price or withdraw from the contract. The buyer is also entitled to this right if two attempts to repair the item have been unsuccessful.
Limitation periods
Statutory warranty rights generally expire after two years. When purchasing used goods, the limitation period can be shortened to one year by agreement of the parties.
Legal bases
The relevant legal norms regarding statutory warranty can be found in Sections 434 to 442 and Sections 474 to 477 of the Civil Code.
B. Institution of Guarantee
Principles
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.
Scope of 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.
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.
Guarantee or warranty?
A manufacturer's warranty does not restrict the statutory warranty claims of the buyer. Sellers therefore cannot refer buyers to the fact that the manufacturer of the product has provided a warranty and that they should contact them. Regardless of the warranty, the buyer always retains their warranty claims against the seller if a defect exists. They can freely decide whether they prefer to assert their rights arising from the statutory warranty against the seller or from the warranty against, for example, the manufacturer.
Legal bases
The relevant legal provisions concerning the guarantee can be found in Sections 443 and 479 of the Civil Code.
2. Responsibilities after the sale
A. Recourse options of the seller
Principles
If the buyer has made a statutory warranty claim against the seller due to a defective product, the seller in turn has a warranty claim against their supplier if the defect was already present when the goods were handed over to the seller.
If it is the sale of a newly manufactured item, the seller can also claim expenses that they incurred toward the buyer in the course of subsequent performance (e.g., costs of repair, transport, travel, labor, and material costs) back from their supplier.
Further claims in the supply chain
The supplier as well as other buyers in the supply chain can take recourse against their sellers in the same way if they are businesses.
burden of proof
The burden of presentation and proof generally lies with the party seeking to claim recourse.
If the final contract in the supply chain is a sale of consumer goods, the six-month reversal of the burden of proof applicable between the seller and the consumer also applies between the seller and the supplier. In this case, the decisive factor for the commencement of the six-month period is the time at which the risk passes to the consumer.
The alleviation of the burden of proof also applies in favor of the supplier and further down the supply chain if the respective recourse debtor is a business entity.
Statute of limitations
The seller's claims against their supplier generally become time-barred within two years from the delivery of the item. However, in the case of the sale of a newly manufactured item, the seller's claims against their supplier become time-barred no earlier than two months after the final seller has fulfilled the buyer's warranty rights. This suspension of the limitation period ends no later than five years after the delivery of the item to the seller.
These limitation periods shall apply mutatis mutandis to the supplier's claims and throughout the rest of the supply chain if the respective seller against whom a claim is made is an entrepreneur.
Deviating agreements
If the final contract in the supply chain is a consumer goods purchase, the right of recourse existing between the respective seller and supplier cannot be excluded, unless the claiming business is granted equivalent compensation.
This also applies to the claims of the supplier and the other buyers in the supply chain if the respective recourse debtor is a business entrepreneur.
Legal bases
The relevant legal provisions concerning recourse can be found in Sections 445a, 445b, and 478 of the German Civil Code.
Consumer rights and guarantees
After-sales responsibilities
Forms & Online Services
Appointment Scheduling
Waste & Disposal
Defect report
Current events
Forms & Online Services
Appointment Scheduling
Waste & Disposal
Defect report
Current events
