GERMANY: Breakdown of Product Warranties and Their Monetary Advantages Explained
In Germany, consumers are protected by a combination of statutory warranties and product guarantees, providing them with specific rights and obligations for sellers and buyers.
The statutory warranty, known as Gewährleistung in German, is a protection mandated by EU law for certain products sold within the EU. It establishes a two-year warranty period from delivery of the goods for consumers. During this period, sellers are liable for defects that are present at the time of delivery or become apparent shortly thereafter.
If a defect is found, consumers have the right to request "Nacherfüllung" (supplementary performance), which means repair or replacement of the product without additional cost. If supplementary performance fails or is unreasonable, consumers can withdraw from the contract, reduce the purchase price, or claim damages or reimbursement of futile expenses. The limitation period is suspended while the goods are with the seller for repair and for 2 months after the goods are returned to the consumer, allowing consumers to check if the defect has been fixed.
Consumers must inspect goods upon delivery and notify the seller of obvious defects immediately or hidden defects shortly after discovery to preserve their rights. For used goods, warranty claims are usually excluded unless the seller fraudulently concealed defects, guaranteed specific features, or the defect was not discoverable at delivery.
A product guarantee (Garantie) is a voluntary commitment by the manufacturer or seller in addition to the statutory warranty. It often includes longer periods or additional services. Consumers benefit from such guarantees as a contractual promise by the guarantor, but these do not replace or reduce statutory warranty rights. Guarantees may vary by manufacturer and product, and customers should refer to the specific guarantee conditions provided.
Some sellers limit their own warranty obligations by passing warranty claims to the manufacturer, requiring consumers to enforce claims directly with the manufacturer. Businesses (commercial buyers) generally face shorter warranty periods (commonly one year) and may have warranty rights excluded or limited by agreement.
Liability exclusions do not apply in cases of injury to life, limb, or health, gross negligence, fraudulent concealment, or breach of essential contractual obligations. The terms "Gewährleistung" and "Garantie" are sometimes translated to the English word "warranty".
In either case, the seller bears the costs of transport, labor, and materials. It can be worth contacting the manufacturer or retailer if a new product does not meet expectations, to ask for a replacement or refund. If a repair is unsuccessful, the consumer can request a replacement.
Legal protections and guarantees aside, some brands may have policies of encouraging loyal customers by going above and beyond in terms of reimbursements and replacements. For instance, the author of "Smart Living in Germany" successfully had their Fitbit smartwatch replaced after 1.5 years due to it being damaged in the pool despite being marketed as waterproof.
The terms and conditions of a product guarantee are mandated by German law to be published, including information about the guarantor, duration, content, and procedure. The warranty covers all defects that already existed at the time of purchase, even if the defects are only identified later.
In summary, German consumer protection law strongly safeguards buyers through statutory warranty rights that oblige sellers to deliver defect-free products and provide remedies if defects occur, backed by suspension and clear claiming procedures. Voluntary product guarantees offer additional protections but do not diminish statutory rights.
A consumer in Germany, beyond the statutory warranty rights, might also benefit from a product guarantee offered voluntarily by manufacturers or sellers, providing extended periods or additional services, but these do not lessen statutory warranty privileges.
With personal-finance consequences, it's advisable for a buyer to take advantage of such guarantees when purchasing valuable products, as these often include compensations in case of dissatisfaction or defect, potentially resulting in financial savings.
