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
- The statutory warranty is mandatory and lasts two years from handover in consumer sales.
- If a defect appears within twelve months, it is presumed to have existed at handover (§ 477 BGB).
- After those twelve months the customer must prove the defect existed from the start.
- A guarantee is voluntary; once you advertise it, its content and conditions must be stated clearly.
- Towards consumers the warranty on new goods may not be excluded or shortened.
The difference at a glance
Statutory warranty compared with a guarantee
| Criterion | Statutory warranty | Guarantee |
|---|---|---|
| Basis | Law, §§ 434 et seq. BGB | Voluntary promise |
| Who is liable | Always the seller | Whoever gives it, usually the manufacturer |
| Duration | Two years from handover | Freely chosen, often one to five years |
| Burden of proof | First twelve months on the seller | As 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.