In any EU country, customers have at least 2 years statutory warranty from the moment of the delivery. Some countries (e.g. France) even allow for a longer warranty period. → See also below Legal Grounds
Likewise, in any EU country there is a presumption of defect (See also: Legal Grounds Presumption of Defect listed below) and with this the burden of proof i.e. the general legal rule that the party who is making a claim must provide enough evidence to support their claim, is reversed.
During 12 months from delivery the customer must only prove that a defect is present, but not what caused it.
After 12 month, the customer has to prove that the defect was present at the time of the delivery.
Supplier Guide Chapter: “24 Month Statutory Legal Local Warranty”
Similarly, the Supplier Guide reflected the Legal Warranty by the following “(…) During the first year, it is legally presumed that the defect was already present at the time of handover. During this period, the Supplier must prove (i.e. by official and appropriate test documentation) that the defect did not exist before the product was shipped to the customer and, therefore, was clearly caused by the customer. Where a Supplier cannot prove that the defect in question was caused by the customer they must remedy the defect through repair, replacement, price reduction, or refund. The customer has the right to choose between replacement or repair. (…)”
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Wording Chapter 2.3. Supplier Guide, access at Merchant Information
You must offer a 24-month (or longer depending on local law) statutory warranty (Gesetzliche
Gewährleistung) for products in all European markets. Local statutory warranties apply irrespectively to the contractual Seller warranty specified below. The statutory warranty covers all defects already present during handover, therefore excluding regular wear and tear. Within the first year after delivery, the law presumes the defect already existed at handover. You must prove beyond doubt that the product was faultfree at handover and that the customer caused the damage. If you cannot prove this, you must repair, replace, reduce the price, or refund. The customer can choose between repair or replacement. Only if one
option is clearly impossible or unreasonably costly (which you must prove) you can limit the choice. If both are impossible: you must offer a price reduction for minor defects, or a refund for major ones. After 12 months, the customer must prove the defect was your responsibility, since the presumption no longer applies. Local warranty laws of the customer’s country always apply
Quality Charter for CE Chapter: “Warranty Exclusions”
Also the Quality Charter reflects the necessity of proving that the defect was caused by the customer by the following:
If you receive a product which has a defect that is not included in the warranty (e.g. self-caused defects), you have 72 hours (on business days) after you receive the product to explain the warranty exclusion to the customer with proof.
A warranty case can only be rejected by you if the test documentation proves that the defect did not exist before the product was shipped to the customer. You must provide the test documentation for the product to the customer and to refurbed via the Zendesk Ticketing Tool. This should include images and formal test reports via authorized software. Any product images must contain a visible date and the respective serial number directly on the screen.
In the case of oxidation or corrosion, you may only exclude the warranty if you can prove (with test reports and images of the Liquid Contact Indicator) that the product showed no signs of oxidation or corrosion at the time of delivery.
If you cannot prove the warranty exclusion within 72 hours (on business days) after receiving the product and still refuse to grant the warranty, refurbed reserves the right to charge you for any repair and return costs.
You may not charge the customer any labour or inspection costs in connection with a contractual or statutory warranty return – even if the warranty claim is ultimately rejected.
Note: refurbed does not expect that the warranty covers software defects that arise due to customer behavior (for example a virus on a laptop). This is classified as customer damage. However, this will only be considered by refurbed if you can prove that customer damage has taken place. For example, by providing a valid Certificate of Authenticity for a laptop or a product test report for smartphones.
EU Law
The above is also in accordance with the EU’s directive (EU) 2019/771:
Burden of proof → Art 11 Nr 1:
“Any lack of conformity which becomes apparent within one year of the time when the goods were delivered shall be presumed to have existed at the time when the goods were delivered, unless proved otherwise or unless this presumption is incompatible with the nature of the goods or with the nature of the lack of conformity. This paragraph shall also apply to goods with digital elements.”
Legal Grounds
🇪🇺 EU: Art 11 Nr. 1 of DIRECTIVE (EU) 2019/771 [link]
🇦🇹 Austria: §§ 10, 11 VGG; §§ 922, 924 ABGB
🇩🇪 Germany: § 477 (2) BGB
📘 Supplier Guide Chapter 2.3. “24 Month Statutory Local Legal Warranty”
📙 Quality Charter for CE Chapter 3.5. “Warranty Exclusions”
→ What does the Customer have to prove?
During 12 months from delivery the customer must only prove that a defect is present, but not what caused it.
Often times the customer cannot even prove the cause, as they are considered “layman”, that is, a man who is not trained, qualified, or experienced in a particular subject or activity.
Instead during these 12 months, the seller bears the burden of proof.
→ What does the Supplier have to prove?
The seller must prove that the defect was not present at delivery.