- Imposed by Law: The legal warranty, also known as statutory warranty, is a mandatory protection provided by consumer protection laws in European jurisdictions.
- Automatic and Free: It is automatically applicable to consumer purchases and does not require any additional action or payment from the consumer.
- Minimum Standards: The legal warranty sets minimum standards for product quality, fitness for purpose, and conformity with the description. It ensures that consumers receive products that meet these standards.
Burden of Proof: The general legal rule is, that the party who is making a claim must provide enough evidence to support their claim. This means, if a customer claims a warranty service (e.g. repair) due to a defect, they must provide proof that the product has a defect covered by warranty.
However, in the sphere of Legal Warranty the so-called presumption of defect applies and the rules for burden of proof are temporarily reversed. For a minimum of 12 months starting from the delivery date, the law automatically presumes, that a warranty defect is present. This applies until the seller provides enough evidence that no warranty case is present.
- Duration: The duration can vary by jurisdiction but is at least two years from the date of delivery.
- Remedies: If a product is found to have defects covered by legal warranty within the specified time-frame, consumers are entitled to certain remedies. These are repair or replacement (”Primary warranty claims”), or price reduction or refund (”Secondary warranty claims”).
Price reduction is only possible, if the defect is considered “minor”.
A minor defect refers to a flaw or issue with a product that does not significantly impact its functionality, performance, or safety. In contrast, a severe defect refers to a significant flaw that renders the product substantially defective, unsafe, or unfit for its intended purpose, posing potential dangers or making it unusable. The specific criteria for categorizing defects may vary by jurisdiction.
💡 See also: Supplier Guide Chapter 24-Month Legal Warranty
1a) Warranty defects
Warranty defects, also known as warranty-covered defects or warranty issues, refer to specific types of flaws, malfunctions, or problems with a product that are covered by a warranty. The exact definition of warranty defects may vary depending on the jurisdiction and the terms and conditions of the warranty itself. However, here are some common examples of warranty defects that apply in the member states of the European Union:
- Manufacturing Defects: Flaws or errors that occur during the manufacturing process and affect the performance, functionality, or safety of the product.
- Design Defects: Design defects refer to inherent flaws or weaknesses in the product's design that result in functional or safety issues. For instance, a smartphone with a design flaw that causes frequent overheating.
- Non-Conformity: Non-conformity occurs when the delivered product does not match the specifications, description, or quality promised by the seller. For example, if a laptop is advertised as having a certain processor speed, but it performs significantly below that level.
- Performance Issues: Performance issues arise when a product fails to meet the reasonable expectations of its intended use or function.
- Durability and Lifespan: Warranty defects may also cover premature failure or breakdown of a product due to normal use within a specified time frame. For instance, a smartphone battery that rapidly deteriorates within a year.
1b) Legal Grounds - Warranty
- 🇪🇺 Art 13 (Directive (EU) 2019/771)
- 🇦🇹 § 4 VVG
- 🇩🇪 § 437 BGB
🇪🇺 EU
- Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council Text with EEA relevance. (“Consumer Protection Directive”)
- Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (Text with EEA relevance.) (“SGD”)
🇦🇹 Austria
VGG (Consumer Warranty Act)
§§ 922ff ABGB (Civil Code)
🇩🇪 Germany
§§ 437-443 BGB (Bürgerliches Gesetzbuch)