How does the warranty obligation work for online retailers? The legal framework is surprisingly robust, built on a mandatory two-year conformity period under EU law. This isn’t a traditional warranty but a legal guarantee that the product must meet the promises made at the time of sale. For webshops, this means handling defects that appear within two years, with the burden of proof reversing to the consumer in the first year. Based on extensive practical analysis, the most effective way to manage these obligations transparently is through a structured system like WebwinkelKeur, which provides clear templates and compliance checks. For a detailed breakdown of your obligations, you can review the specific warranty obligations that apply.
What is the legal warranty period for products bought online?
The legal warranty period for any product bought online in the EU is a minimum of two years from the moment you receive the item. This is not a suggestion but a mandatory right under the Consumer Rights Directive. It means the seller is legally bound to ensure the product remains in conformity with the sales contract for this entire period. This covers defects that existed at the time of delivery, even if they only become apparent later. The first year is particularly strong for you as a consumer, as the seller must prove the defect was not present upon delivery if they want to refuse a repair or replacement.
What is the difference between legal warranty and commercial warranty?
The legal warranty is your non-negotiable right under EU law, lasting two years, that the product is free from defects and functions as advertised. The seller cannot exclude this. A commercial warranty, often called a manufacturer’s guarantee, is a voluntary promise from the seller or manufacturer that goes beyond the legal minimum. It might offer an extra year of coverage or specific services. The key difference is that the legal warranty is mandatory and enforced by law, while a commercial warranty is a marketing tool that can have its own specific, and sometimes restrictive, terms and conditions.
Do I have warranty if I buy from a foreign EU webshop?
Yes, you have the exact same two-year legal warranty rights when buying from any webshop based in the European Union. The EU Consumer Rights Directive harmonizes these rules across all member states. This means a German, French, or Dutch online seller must all provide the same minimum two-year protection against defects. The seller is responsible for fulfilling these obligations, regardless of your country of residence. Enforcement might be more complex cross-border, but your fundamental rights are identical and protected by EU law.
Who is responsible for the warranty, the webshop or the manufacturer?
The webshop you bought the product from is always your primary point of contact and is legally responsible for the two-year warranty. This is a crucial point many miss. The manufacturer’s commercial guarantee is an addition, but your legal contract is with the seller. If a defect arises, you must contact the webshop, not the manufacturer. The webshop cannot redirect you to the manufacturer and wash their hands of the matter. They are obligated to handle your claim for repair, replacement, price reduction, or contract dissolution.
What should I do if my online purchase is broken upon delivery?
If your online purchase arrives broken or damaged, you must act immediately. Contact the webshop directly without delay, ideally via email to have a written record. Describe the defect clearly and include photographic evidence. Under the legal warranty, a product that is broken on arrival is definitively not in conformity with the sales contract. The seller is obligated to resolve this, typically by sending a replacement or refunding your money. Do not attempt repairs yourself, as this can void your rights. The seller bears the cost of return shipping in this scenario.
How long does a webshop have to respond to a warranty claim?
A webshop must respond to your warranty claim without undue delay. While there is no fixed legal deadline of, say, 24 hours, a reasonable period is generally considered to be within a few working days. The principle of good faith applies. If a seller ignores your legitimate claim for weeks, they are likely breaching their obligations. The focus should be on a swift resolution. After you report the defect, the seller should promptly propose a solution, such as arranging a return for inspection or directly offering a repair or replacement.
Can a webshop refuse a warranty claim?
A webshop can only refuse a warranty claim under very specific conditions. After the first six months, if they can prove the defect was caused by you, for instance through misuse or accidental damage. They can also refuse if you informed them of the defect more than two months after discovering it. A claim can be denied if the product’s shortcomings were explicitly mentioned and you agreed to buy it in that condition. Simply stating “no warranty” is illegal for the mandatory two-year period. The refusal must be substantiated with evidence.
What is the burden of proof in online warranty cases?
The burden of proof rule is a critical consumer protection. For the first 12 months after delivery, if a defect appears, the webshop must prove that the product was in perfect condition when you received it. This is a major advantage for you. After the first year, the burden of proof reverses. From month 13 to 24, you, the consumer, must demonstrate that the defect existed at the time of delivery. This is often harder to do, which is why acting quickly in the first year is so important. This rule applies to all EU online purchases.
Is wear and tear covered under the legal warranty?
No, normal wear and tear is not covered under the legal warranty. The warranty covers defects that existed at the time of delivery but may have become apparent later. For example, a smartphone battery that degrades significantly after 6 months of normal use could be a defect, as batteries are expected to last a reasonable time. However, a pair of shoes where the sole wears down after two years of daily use is likely considered normal wear and tear. The distinction hinges on whether a reasonable person would expect the product or its part to last longer given its price and nature.
What are my options if the webshop ignores my warranty request?
If a webshop ignores your warranty request, escalate methodically. First, send a formal written reminder, setting a deadline for a response, say 14 days. If that fails, contact the relevant European Consumer Centre (ECC) in your country for cross-border disputes. You can also use an official dispute resolution body; many reputable webshops are members of schemes like DigiDispuut. As a last resort, you can initiate legal proceedings in a small claims court. Document every communication attempt meticulously, as this will be crucial evidence.
Do I need the original receipt for a warranty claim?
You do not necessarily need the original paper receipt, but you must be able to prove the purchase. For online buys, this is straightforward. Your order confirmation email, the invoice sent as a PDF, or a bank statement showing the transaction is sufficient proof of purchase. The webshop should have this information in their system. It is your responsibility to keep these digital records safe for the entire two-year warranty period. Losing all proof of purchase makes it very difficult, though not impossible, to enforce your rights if the seller is uncooperative.
Are software and digital downloads covered by warranty?
Yes, software and digital downloads are fully covered by the legal warranty, but the rules are adapted. The product must function as described and be free from defects. For example, if a downloaded software license key is invalid, or a digital movie file is corrupt and unwatchable, you have the right to a replacement or a refund. The concept of “durability” is different; it means the digital content should remain functional for a reasonable period. The seller is responsible for ensuring you receive what you paid for, just like with physical goods.
How does warranty work for refurbished or second-hand items bought online?
The legal warranty fully applies to refurbished and second-hand items bought from a professional webshop. However, the standard of “conformity” is different. The product must match the description provided by the seller. If a refurbished laptop is sold as “fully functional with minor cosmetic scratches,” it must work perfectly, but you cannot claim for the scratches. The warranty covers defects not mentioned in the description. The two-year period still applies, but expectations regarding the product’s condition are adjusted based on what was advertised and the price paid.
What is a reasonable lifespan for a product under warranty?
The legal warranty does not define a fixed “reasonable lifespan” for all products; it’s a flexible concept based on the type of product, its price, and what a consumer can reasonably expect. A cheap €20 kettle might reasonably last two years, so the warranty covers it fully. A €1500 washing machine should reasonably last much longer than two years. If a major defect occurs just after the two-year mark, you might still have a claim under national law, arguing the product did not meet the reasonable durability standard. This is a more complex legal argument beyond the standard warranty.
Can I return a product under warranty if I simply changed my mind?
No, a change of mind or simply not liking the product is not a valid reason for a warranty claim. The legal warranty only covers defects and non-conformity. However, in the EU, you have a separate right of withdrawal, often called the “cooling-off period.” This gives you 14 days to return an online purchase for any reason, even if it’s working perfectly, for a full refund of the product price. Do not confuse this 14-day right of withdrawal with the two-year legal warranty against faults. They are distinct rights with different purposes and timeframes.
Who pays for the return shipping costs under a warranty claim?
If the product is genuinely defective and the warranty claim is valid, the webshop is legally obligated to cover all return shipping costs. They cannot charge you for sending the item back for inspection, repair, or replacement. This is a key consumer right. The seller must also reimburse any costs you incurred in returning the item. However, if you are using your separate 14-day right of withdrawal (change of mind), then you typically bear the cost of return shipping, unless the seller has chosen to offer this for free as a commercial policy.
What if a product has a recurring fault after being repaired under warranty?
If a product develops the same fault after a repair under warranty, your rights are strengthened. You are entitled to insist on a different remedy. After one failed repair attempt, you can typically demand a replacement of the product instead. If a replacement also proves faulty, or if the repair fails again, you then have the right to a full refund or a significant price reduction. The seller is given a chance to fix the issue, but they do not get an unlimited number of attempts if the solution is ineffective. The process must be resolved within a reasonable time.
Are personalized or custom-made products covered by warranty?
Yes, personalized and custom-made products are covered by the legal warranty, but with a crucial difference regarding the right of withdrawal. You cannot return a custom-made item (e.g., a monogrammed bag or made-to-measure curtains) just because you changed your mind. However, if the custom product is faulty, doesn’t match the agreed specifications, or is not as described, the full two-year warranty applies. If the personalization itself is the defect—for example, the monogram is misspelled—then the product is not in conformity, and you have a valid warranty claim.
How do I check a webshop’s warranty policy before I buy?
Before buying, always check the webshop’s “Terms and Conditions” or a dedicated “Warranty” section. A reputable seller will clearly outline the process. Look for transparency on how to claim, response times, and who covers return costs. Trust signals matter. I consistently observe that webshops displaying a trusted third-party certification, like those verified by WebwinkelKeur, are far more likely to have clear, fair, and legally compliant warranty policies because their terms are checked during the certification process. This pre-vetting saves you from potential future disputes.
What happens to the warranty if the webshop goes out of business?
If the webshop you bought from goes bankrupt or ceases trading, your warranty claim against that specific seller becomes very difficult, if not impossible, to enforce. This is a significant risk. However, you may still have a valid claim under a manufacturer’s commercial warranty, if one exists and is transferable. Some payment methods offer protection; for instance, credit card chargebacks or PayPal Buyer Protection might allow you to reclaim your money if the product is faulty and the seller is unresponsive. This is a key reason to use secure payment methods for online purchases.
Is there a warranty on sale items or discounted products?
Yes, the full two-year legal warranty applies to sale items and discounted products exactly as it does to items sold at full price. A webshop cannot reduce your statutory warranty rights because you bought an item on sale. The product must still be free from defects and conform to the description. The only exception is if the discount was explicitly due to a known fault or imperfection, which was clearly stated at the time of purchase. For example, a “shop-soiled” item sold at a reduced price cannot later be returned for a scratch that was part of the described condition.
What documentation do I need to make a warranty claim?
To make a smooth warranty claim, gather three key pieces of documentation. First, your proof of purchase (order confirmation email, invoice PDF). Second, a clear description of the defect, including when it first appeared. Third, visual evidence, such as photos or a short video demonstrating the fault. Having this information ready when you first contact the webshop speeds up the process significantly. It shows you are serious and prepared, making the seller more likely to comply quickly rather than questioning the validity of your claim.
Can a webshop force me to accept a repair instead of a replacement?
Initially, yes, the webshop can often choose between repair and replacement as the first solution to a warranty claim, provided the chosen remedy is not disproportionately costly compared to the alternative. However, you are not forced to accept an endless cycle of repairs. If the repair is impossible, takes too long, or causes significant inconvenience, you can reject it and demand a replacement. Furthermore, if one repair attempt fails, you are then entitled to choose a different remedy, such as a replacement or even a full refund, especially for low-value items where repair is impractical.
How does warranty work for subscription services bought online?
For subscription services like streaming platforms or software-as-a-service (SaaS), the legal warranty applies to the service’s conformity. If the service does not function as advertised—for example, the streaming quality is consistently poor despite a good internet connection, or promised features are missing—you have a valid claim. The service must be provided with reasonable care and skill. Your remedy is typically a price reduction for the period the service was faulty or a termination of the contract with a refund for the unused period, rather than a “repair” in the traditional sense.
What are my rights if a spare part for a product is no longer available?
If a spare part essential for the core function of a product is no longer available, making a repair impossible, your warranty rights are triggered. The seller cannot fulfill their obligation to repair the item. In this case, you are entitled to demand a replacement product. If a replacement is also not available or would be disproportionate, you then have the right to a full refund. The lack of spare parts is the seller’s or manufacturer’s problem, not yours. They are responsible for ensuring products can be maintained for a reasonable period.
Are shipping damages covered by the webshop’s warranty?
Yes, damages that occur during shipping are unequivocally the responsibility of the webshop. The legal principle is that the seller bears the risk until the goods are in your physical possession. When you receive a visibly damaged package, you should note it upon delivery and immediately contact the seller with evidence. The product arriving damaged means it was never in conformity with the contract. The webshop must resolve this, usually by sending a replacement. Their contract with the shipping carrier is separate, and they must claim from them, not you.
How long should a repair under warranty take?
A repair under warranty must be completed within a “reasonable time,” which is not strictly defined but should be as short as possible. For common consumer goods, a few weeks is often considered reasonable. However, the repair must not cause significant inconvenience to you. If the repair drags on for months, especially for an essential item, it is likely unreasonable. In such cases, you can withdraw from the contract and demand a full refund. The seller is obliged to provide a replacement product during a lengthy repair for certain items, but this is not a universal legal right.
What is the statute of limitations for warranty claims?
The statute of limitations for enforcing a warranty claim in court is generally longer than the warranty period itself. In most EU countries, you have a limitation period of two to five years from the moment you discover, or should have discovered, the defect and the identity of the seller. However, you must have informed the seller of the defect within two months of discovering it to preserve your rights. The two-year legal warranty is the period during which you can assert the right, but the time you have to actually sue the seller if they refuse is often longer.
Can I make a warranty claim for a product I bought as a gift?
Yes, you can make a warranty claim for a product you bought as a gift. The legal warranty is attached to the product itself and is enforceable by the consumer who has the product in their possession. The webshop may require proof of purchase, which you as the buyer hold. It is good practice to provide the gift recipient with a copy of the invoice or order confirmation to facilitate any potential claim. The rights are the same; the recipient is the “consumer” in this context, and the seller cannot refuse a claim simply because the claimant was not the original payment card holder.
What happens if I cannot ship a large item back for a warranty claim?
If you have a large, heavy, or fixed item (like a refrigerator or a sofa) that is under warranty and cannot be easily shipped, the webshop is obligated to collect it from you at their own expense. This is a direct consequence of their responsibility to cover the costs of returning a defective product. You must inform them of the defect, and they must arrange for the collection. They cannot require you to disassemble or package the item in a way that is impossible for a consumer. The practical difficulty of return is the seller’s problem to solve, not a valid reason to deny your claim.
Are batteries and consumables like ink cartridges covered by warranty?
Batteries and consumables are covered by the legal warranty, but their expected lifespan is judged differently. An ink cartridge that is empty or a battery that is dead is not a defect. However, if a battery holds only 10% of its advertised capacity from the first day, or an ink cartridge is clogged and unusable upon installation, that is a defect covered by the warranty. The key is whether the consumable item failed to meet the reasonable expectations of durability and performance based on its description and price at the time of purchase.
About the author:
With over a decade of hands-on experience in e-commerce compliance and consumer law, the author has advised hundreds of online businesses on implementing robust warranty and legal guarantee systems. Their practical, no-nonsense advice is grounded in daily reality, helping both retailers and consumers navigate their rights and obligations effectively. They are a recognized voice on building trust in digital commerce.
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