German Product Warranties Explained: Saving You Cash post-Purchase
German consumers are fortunate to have robust protections when it comes to purchasing goods. This is thanks to a combination of the statutory warranty and any additional product guarantees offered by sellers or manufacturers.
Statutory Warranty (Gewährleistung)
The statutory warranty period for consumers is generally two years from the delivery of the goods, as mandated by EU and German law. However, some sellers may limit warranty claims to one year, particularly for new products. It's essential to note that this cannot infringe on mandatory consumer rights nor certain exceptions.
During this period, consumers have the right to request repair or replacement if the product is defective. If repair or replacement fails twice, consumers can demand a price reduction or withdraw from the contract. The statutory warranty protects against defects present at the time of delivery or those that manifest within the warranty period.
Certain exceptions apply, such as defects due to intentional concealment of defects, personal injury, or damage to property, and building materials causing defects, where standard limitation periods do not apply. Consumers must report transport damage immediately to both the carrier and seller to preserve their rights.
Product Guarantee (Garantie)
A product guarantee is a voluntary commitment by the manufacturer or seller, offering additional rights beyond the statutory warranty. These guarantees provide extra assurances or extend the warranty period, but cannot replace statutory rights. Guarantees often cover specific assurances on product quality or performance and are legally binding once given.
The guarantee may define its own terms, duration, and required procedure for claims, but statutory warranty claims still exist independently.
Additional Notes on Liability and Claims
Seller liability for intentional or gross negligence, injury to life, body, or health, and guarantees is unlimited by law. For business customers, warranty periods tend to be shorter or excluded, with different rules applying. Rights to damages due to defects are subject to legal limitation periods—generally one year for warranty claims but longer for gross negligence or personal injury.
In Summary
German consumers benefit from a strong two-year statutory warranty, entitling them to repair, replacement, or refund for defective goods, with protections strengthened by any voluntary product guarantees. Defects must generally be reported promptly, and in cases where remedies fail repeatedly, consumers may reduce price or rescind contracts.
If a product has been used for more than a year, the customer may need to prove that the defect existed from the beginning. A product may still be protected in some cases of wear, especially if it doesn't live up to its marketed performance. It can be worth contacting the manufacturer or retailer if a new product doesn't meet expectations and asking if they can replace it or give a refund.
In Germany, the consumer centre (Verbraucherzentrale) provides information regarding warranties and consumer rights. A statutory two-year warranty applies to consumer goods sold in the EU. The warranty does not apply to damage done by normal use over time. Both Gewährleistung and Garantie are sometimes translated to the English word "warranty".
A product guarantee (also called a warranty in English) is a promise made voluntarily by a manufacturer or sometimes a retailer, with rules defined by the manufacturer and varying between companies and products. The author of "Smart Living in Germany" successfully had their Fitbit smartwatch replaced after wearing it for 1.5 years because it died in the pool despite being marketed as waterproof.
In many cases, damage by normal wear is not covered by the warranty, and the burden of proof on the customer increases over time. The warranty is typically valid for two years, but can be longer in certain circumstances. The warranty covers all defects that already existed at the time of purchase. If a product under warranty is defective, the buyer has the right to demand a repair or replacement.
A product guarantee does not supersede the protections under the statutory warranty, so the Gewährleistung can still be invoked if the terms of a guarantee are not as favorable. German law mandates that the terms and conditions of product guarantees are published and include information about the guarantor, duration, content, and the procedure to follow as a buyer.
Legal protections and guarantees aside, many successful brands maintain a policy of encouraging loyal customers by going above and beyond in terms of reimbursements and replacements.
- In addition to the robust statutory warranty, manufacturers and sellers may offer a product guarantee, providing consumers with extra assurances or extended warranty periods beyond the legal minimum.
- A product guarantee can offer additional protection for consumers, but its terms cannot replace the mandatory consumer rights enshrined in the statutory warranty in Germany.