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Warranty period: two years of rights when you buy

When you buy an item, you have statutory warranty rights if the goods are defective. These rights apply for two years from handover. They are something different from a voluntary manufacturer guarantee and are yours regardless of it.

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Your chances of getting your money back

Claims for defects when buying generally lapse two years after delivery of the item (§ 438 BGB). For used items, the period can be shortened to one year vis-a-vis consumers.
Within the period you can, in the event of a defect, demand supplementary performance and, if it fails, reduce the price, withdraw or claim damages. During the first year a statutory easing of evidence also helps you.

What you should do now

  1. 1

    1. Calculate the period

    Determine the start of the two year period from handover of the goods.

  2. 2

    2. Report the defect

    Report the defect to the seller and demand supplementary performance.

  3. 3

    3. Escalate your rights

    If supplementary performance fails, reduce the price, withdraw or claim damages.

  4. 4

    4. Secure evidence

    Keep the receipt, the notice of defect and the correspondence.

How to spot the scam

  • The seller only refers you to the manufacturer.
  • A shortening of the period for new goods is used to fob you off.
  • The two year period is about to expire.

Frequently asked questions

How long do I have a statutory warranty?

Claims for defects when buying generally lapse two years after delivery of the item (§ 438 BGB). For used items, the seller can shorten the period to one year vis-a-vis consumers. For new goods, a shortening vis-a-vis consumers is not permitted.

What is the difference from a guarantee?

The statutory warranty is a legal right against the seller in the case of defective goods. The guarantee is a voluntary promise, usually by the manufacturer, with its own conditions. Both exist side by side; you can rely on whichever is more favorable for you.

What does the reversal of the burden of proof mean?

If a defect appears within the first year in a consumer goods sale, it is presumed that it already existed at handover (§ 477 BGB). Then the seller must prove the opposite. After that, you as the buyer bear the burden of proof for the original defect.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.