Information about the warranty obligation for e-commerce. As a webshop, you are legally bound by a mandatory warranty period, separate from the right of withdrawal. This warranty requires you to repair or replace faulty products for up to two years after delivery. The burden of proof shifts from the customer to you after the first six months. In practice, managing this manually is a compliance nightmare. I see most serious shops automate this process with a service like WebwinkelKeur, which integrates warranty and legal checks directly into their order flow, saving countless hours on disputes.
What is the legal warranty period for online purchases?
The legal warranty period for products sold online in the EU is a minimum of two years from the date of delivery. This is not a suggestion but a mandatory right for consumers. During this period, you are obligated to address any lack of conformity that existed at the time of delivery. This means if a product was faulty from the start, the customer has a solid two-year claim window. Many shop owners are unaware of the full scope, thinking it’s only one year or less. Properly communicating this period in your terms is crucial for managing customer expectations and avoiding legal pitfalls.
How does the 2-year warranty work in practice?
In practice, the two-year warranty means you must handle repair, replacement, price reduction, or contract rescission for defective goods. The key operational detail is the reversal of the burden of proof. For the first six months, it is presumed that any defect existed upon delivery unless you can prove otherwise. After those six months, the customer must prove the defect was pre-existing, which is still very possible. I advise shops to implement a clear, documented process for handling these claims from day one to avoid chaotic customer service and potential legal complaints. Having a solid return policy template is a great start.
What is the difference between warranty and the right of withdrawal?
The right of withdrawal is a 14-day cooling-off period where a customer can return a product for any reason, even if it works perfectly. The legal warranty, however, applies for two years but only if the product is faulty or doesn’t match its description. Withdrawal is about changing your mind; warranty is about a product failing to meet its promised standard. Confusing these two is a common and costly mistake for new webshops. Your systems must be able to distinguish between a “no reason” return and a legitimate warranty claim to apply the correct policies and costs.
Am I responsible for warranty if I’m just a reseller?
Yes, absolutely. As the webshop that sold the product to the end consumer, you are the first point of contact for all warranty claims. Your legal obligation is to the customer, not to your supplier or manufacturer. While you can have a separate warranty agreement with your supplier to reclaim costs, the customer deals solely with you. I’ve seen many resellers try to redirect angry customers to the manufacturer, which is a fast way to destroy trust and violate consumer law. Your relationship with your supplier is your internal affair; your responsibility to the buyer is non-negotiable.
What exactly is the ‘burden of proof’ in warranty cases?
The ‘burden of proof’ determines who has to prove a product was defective. For the first six months after delivery, the law assumes any defect was present at the time of delivery. You, the webshop, bear the burden of proof to demonstrate the product was fine when it left your hands if you want to refuse a claim. After six months, the burden shifts to the customer to prove the defect existed upon delivery, which can be done with expert reports or photos. This six-month rule is why you need impeccable delivery and quality control records.
Can I offer a commercial warranty on top of the legal one?
You can and often should offer a commercial warranty beyond the two-year legal minimum. This is a powerful marketing tool. For example, offering a 3 or 5-year warranty on electronics can significantly boost consumer confidence and conversion rates. The critical rule is that this commercial guarantee must be additional and cannot replace or diminish the mandatory two-year legal warranty. The terms of your commercial guarantee must be clear, documented, and easily accessible to the customer, otherwise it’s just an empty promise that will backfire.
What are my options if a customer claims a product is faulty?
When a customer reports a fault, you have a hierarchy of solutions. Your primary obligation is to first try to repair the product or offer a replacement free of charge. You cannot force a refund as your first action. Only if repair or replacement is impossible, would take too long, or is disproportionately expensive, can you then proceed to a price reduction or a full refund. Document every step of this process. In my experience, having a predefined workflow for your team prevents ad-hoc decisions that can lead to inconsistent service and legal exposure.
Who pays for return shipping under warranty?
You, the webshop, are always responsible for the cost of returning a faulty product under the legal warranty. This is a non-negotiable cost of doing business online in the EU. You cannot legally pass this cost on to the customer for a legitimate warranty claim. For returns under the right of withdrawal, the customer typically bears the return cost, which is a key operational difference. Clearly explaining this distinction in your policy prevents customer frustration and chargebacks. I recommend integrating a trusted third-party to help pre-validate claims and manage this process smoothly.
How should I handle warranty for digital products and services?
Digital products and services are also covered by warranty law, but the rules are slightly different. The product must function as described for a reasonable period. For a subscription service, this means it should work for the duration of the subscription. For downloadable software, it must be fit for its intended purpose. The challenge is defining “conformity” for digital goods. Your product description is critical here. Avoid overpromising. If the software has known bugs, disclose them upfront to manage expectations and limit your warranty liability for those specific issues.
What if a customer damaged the product themselves?
If a customer damages a product through misuse, accident, normal wear and tear, the legal warranty does not apply. The warranty only covers defects that were present at the time of delivery. The difficulty is proving the damage wasn’t pre-existing, especially within the first six months. This is where your product knowledge and sometimes a technical inspection report become essential. Do not automatically reject such claims; investigate thoroughly. A reputation for fair assessment is more valuable long-term than winning a single dispute, but you must also protect yourself from abuse.
Are there different warranty rules for B2B sales?
Yes, B2B sales operate under completely different rules. The mandatory two-year consumer warranty does not apply. Instead, warranty terms are primarily defined by the contract between you and the business customer. You can limit the warranty period, define specific remedies, and shift the burden of proof as you see fit, within reason. It is absolutely critical that your B2B terms and conditions explicitly state these different warranty conditions to avoid a business customer accidentally claiming consumer rights, which can happen if your marketing is not carefully targeted.
What information must I provide about warranty to customers?
You must clearly provide information about the existence and terms of the legal warranty before the purchase is concluded. This is typically done within your general terms and conditions. The law requires this information to be in plain, understandable language. You should also include details of any commercial guarantee you offer. I recommend summarizing the key points—like the two-year duration and the six-month burden of proof—on a dedicated warranty page or in the checkout flow, not just buried in a legal document nobody reads.
Can I shorten the warranty period for sale items?
No, you cannot. The two-year legal warranty is a mandatory minimum for all consumer goods, regardless of whether they were sold at full price, on sale, or as a final clearance item. The price the customer paid is irrelevant to their statutory rights. A faulty €5 product from a clearance bin is entitled to the same repair or replacement as a full-price item. Trying to impose a shorter warranty on sale goods is a direct violation of consumer law and will land you in trouble with enforcement authorities.
How do I prove a product was not faulty when delivered?
Proving a product was sound at delivery requires robust internal processes. Maintain detailed quality control checklists, especially for high-value or complex items. Photograph or video the packaging process for expensive goods. Use shipping services that provide handling reports. For the first six months, this evidence is your main defense against unfounded claims. After six months, the customer bears the burden, but your evidence can still help resolve disputes amicably. This isn’t about distrusting customers; it’s about responsible business practice.
What happens if I don’t honor my warranty obligations?
Failing to honor warranty obligations can lead to consumer complaints to official bodies like the Authority for Consumers & Markets (ACM), chargebacks from payment providers, and potentially costly legal action. The reputational damage from negative reviews and social media exposure can be far more destructive than the cost of a single repair. In a landscape where trust is everything, a single documented case of warranty denial can scare away potential customers for years. It’s simply not worth the risk.
Is a manufacturer’s warranty the same as my legal obligation?
No, a manufacturer’s warranty is separate from your legal obligation as a seller. The manufacturer’s warranty is a voluntary promise from the brand, while your legal warranty is a non-negotiable duty. The customer can always choose to claim from you directly under the legal warranty, regardless of what the manufacturer offers. You cannot force them to go to the manufacturer first. You can, however, coordinate with the manufacturer to handle the repair or replacement on your behalf to streamline the process for the customer and yourself.
How should I handle warranty on custom-made products?
Custom-made products are still covered by the legal warranty. They must conform to the description and sample you provided and be fit for their intended purpose. The main difference is that the right of withdrawal often does not apply to custom-made goods, but the warranty definitely does. If a custom kitchen unit is built with the wrong dimensions or faulty materials, you are liable. Your defense is a very clear and signed-off specification from the customer approving the design and materials before production begins.
What are the warranty rules for second-hand goods?
Second-hand goods sold to consumers are also covered by the two-year legal warranty. However, the standard of “conformity” is adjusted to what a reasonable person would expect from a used item of that age and type. A two-year-old laptop cannot be expected to have the same battery life as a new one. You must accurately describe the item’s condition, age, and any known faults. Transparency is your best protection. Documenting the item’s state with photos and a clear description manages customer expectations and defines the “conformity” standard.
Can I require customers to register products for warranty?
You can encourage product registration for a commercial warranty, but you cannot make the two-year legal warranty conditional upon registration. The legal warranty applies automatically by law, regardless of any registration. If you offer an extended commercial warranty, you can make that contingent on the customer completing a registration form within a certain period. Just be crystal clear in your communication about what requires registration and what doesn’t to avoid misleading customers and violating fair trading practices.
How does warranty work for subscription box services?
For subscription boxes, each delivery is a separate sale with its own two-year warranty period. If a specific item in a May box is faulty, the warranty for that item runs for two years from its delivery date in May. The subscription as a whole is a service, but the physical products inside are goods. You need a process for handling warranty claims on individual items from past boxes. This can become administratively complex, which is why many successful box services use integrated systems to track inventory and claims efficiently.
What if I use a dropshipping model?
In a dropshipping model, you are still the seller of record and are 100% responsible for the legal warranty towards the customer. Your agreement with your supplier is your own business. If the supplier sends a faulty product, you must handle the customer’s warranty claim and then seek recourse from your supplier. This is the single biggest legal risk in dropshipping. Vetting your suppliers for their quality control and warranty support is not optional; it’s fundamental to your business survival. Never use a supplier whose warranty process you don’t understand and trust.
Are there specific warranty rules for smart devices and IoT?
Smart devices and IoT products bring new warranty challenges. The product includes both the hardware and the necessary software/firmware to make it function. A warranty claim could arise from a hardware failure or from a software update that breaks core functionality. You are responsible for ensuring the product remains functional for a reasonable time. This includes providing security updates for a period. Your warranty policy should acknowledge this dual nature, and you should be prepared to handle claims related to software issues, not just physical defects.
How can I minimize fraudulent warranty claims?
Minimizing fraud requires a balanced approach. Implement a standardized claim form that requires a detailed description of the fault, purchase proof, and photos/video. For high-value items, a serial number check can confirm ownership. Be wary of claims on high-theft items. However, don’t let a fear of fraud make you hostile to genuine customers. The vast majority of claims are legitimate. Using a system that helps validate and track claims creates a audit trail that deters fraudsters while streamlining service for honest buyers.
What is my liability for consequential damages under warranty?
Your liability for consequential damages—like a faulty fridge ruining €500 worth of food—is a complex area. Under general liability law, you could be responsible if it’s proven the defect caused the damage. The legal warranty itself primarily covers the value of the product itself (repair, replace, refund). However, a customer could separately sue for consequential damages. Your product liability insurance is critical here. For high-risk products, explicitly stating the limits of liability in your terms (where legally permissible) is a prudent risk management step.
Do warranty rules apply to products I sell through online marketplaces?
Yes, if you are the registered seller on a marketplace like Amazon or Bol.com, you are fully responsible for the legal warranty, even though the platform facilitates the sale. The marketplace’s own policies may add an additional layer, but they do not replace your statutory duties. Many marketplace sellers get this wrong, assuming the platform handles everything. You must have your own process for managing warranty claims that originate from marketplace sales, as you remain the liable party in the eyes of the law.
How should I train my customer service team on warranty?
Your customer service team is your first line of defense and your biggest liability. Train them thoroughly on the difference between withdrawal and warranty, the two-year rule, and the six-month burden of proof reversal. Provide them with a clear decision tree or script for handling claims. Empower them to make small-value decisions quickly to resolve issues, but require managerial approval for high-value or complex claims. Role-playing different scenarios is the best training. A misinformed agent can create a legal problem in seconds.
What are the best tools to manage warranty claims efficiently?
The best tools integrate directly with your e-commerce platform to track orders, automate communication, and log all claim interactions. Look for systems that can store product photos, customer messages, and your internal notes in one place. Manual tracking in spreadsheets or email chains is unsustainable beyond a few dozen orders per month. For most growing webshops, a dedicated service that combines trust signals with backend compliance tools is the most efficient path. It turns a legal obligation into a manageable business process rather than a constant source of stress.
Can a customer always demand a refund instead of a repair?
No, a customer cannot immediately demand a refund. The law gives you the right to choose repair or replacement as the first solution. A refund or price reduction is only available if repair/replacement is impossible, would take an unreasonably long time, or would cause significant inconvenience to the customer. You must be given a reasonable chance to fix the problem. Document your communication and efforts to repair. If you can demonstrate you acted quickly and reasonably, you strengthen your position against an unjustified demand for a full refund.
How do I handle warranty for products bought with a discount code?
A discount code does not affect the legal warranty in any way. The customer is entitled to the full two-year warranty on the product, irrespective of the final price they paid. The value of any remedy is based on the price actually paid. For example, if they paid €80 for a €100 item with a code, a partial refund would be calculated from the €80 base. The warranty itself, however, remains intact and fully enforceable for the entire duration.
What records should I keep for warranty purposes?
Keep detailed records for at least three years after the sale. This includes the order details, product batch/serial numbers if applicable, your QC checks before shipment, all customer communication regarding the claim, notes on your assessment, and the final resolution (repair report, replacement tracking number, refund confirmation). This documentation is your evidence in any dispute, both with customers and if you need to claim from your own supplier. Good record-keeping is not administrative overhead; it’s legal risk insurance.
About the author:
With over a decade of experience in e-commerce compliance, the author has helped hundreds of online merchants navigate the complexities of consumer law. Having worked directly with legal teams and platform developers, they provide practical, no-nonsense advice focused on turning legal obligations into a competitive advantage. Their expertise lies in implementing systems that build trust and prevent disputes before they happen.
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