Warranty or guarantee: what does an online retailer owe?

Q&A • Law

Warranty or guarantee: what does an online retailer owe?

The two terms get mixed up in everyday language, but legally they are separate. You always owe the statutory warranty; a guarantee only exists if you or the manufacturer promise it.

Short answer

  1. The statutory warranty is mandatory and lasts two years from handover in consumer sales.
  2. If a defect appears within twelve months, it is presumed to have existed at handover (§ 477 BGB).
  3. After those twelve months the customer must prove the defect existed from the start.
  4. A guarantee is voluntary; once you advertise it, its content and conditions must be stated clearly.
  5. Towards consumers the warranty on new goods may not be excluded or shortened.

The difference at a glance

Statutory warranty compared with a guarantee

CriterionStatutory warrantyGuarantee
BasisLaw, §§ 434 et seq. BGBVoluntary promise
Who is liableAlways the sellerWhoever gives it, usually the manufacturer
DurationTwo years from handoverFreely chosen, often one to five years
Burden of proofFirst twelve months on the sellerAs set out in the guarantee terms

A practical example

Example: a customer buys a Bluetooth speaker in January. In July the battery stops charging. As twelve months have not yet passed, you must prove the device was sound at handover — if you cannot, you owe repair or replacement. If the same customer reports after 18 months, they must prove the original defect.

Common mistakes

  • Cutting warranty to one year in the terms — invalid towards consumers for new goods.
  • Sending customers to the manufacturer as a matter of course; the warranty claim is against you.
  • Advertising a guarantee without naming duration, scope and the guarantor's address.
  • Confusing the reversed burden of proof with the withdrawal period — two entirely separate rules.

How 4shopy helps

  • Purchase date, invoice and serial number are stored per order and easy to retrieve.
  • Guarantee information can be maintained as a product field and shows on the product page.
  • Complaints can be tracked as a case linked to the order, including repair or credit note.