People in Germany are covered by strong consumer protections, and knowing how to use them can save you both money and buyer's remorse.
Understanding some basic rules around product warranties and guarantees (one of which is mandated by EU law) can help you ensure that a defective product is either repaired, replaced or refunded.
Here's what you need to know.
The first thing that's important to understand is the difference between a statutory warranty (which applies to certain products sold in the EU) and a product guarantee (which is voluntarily offered by a manufacturer or vendor).
The former is called Gewährleistung in German, and comes with a standard set of rules meant to protect consumers. The latter is often referred to as a Garantie, and the rules for how it's applied can vary on a case by case basis.
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Both of these terms are sometimes translated to the English word "warranty", which is important to note if you're reading translated text on German websites.
What are your protections under warranty? (Gewährleistung)
A statutory two-year warranty applies to consumer goods sold in the EU.
Generally this protection is automatically applied to electronics, household appliances, furniture, clothes, shoes and even new and used cars.
The warranty covers all defects that already existed at time of purchase - even if the defects are only identified later. It's typically considered valid for two years, but can be longer in certain circumstances.
As an example, if you bought a new pair of shoes and after a few weeks of regular wear the sole falls off one of them, the warranty would apply because it can be assumed that the product was defective at the time of purchase.
In this case you have the right to demand a repair or replacement of the product.
According to information shared by Germany's consumer centre (Verbraucherzentrale), you can decide whether the purchased good should be repaired or replaced. Also you are not bound by this decision, you can request a repair first and then a replacement later if the repair is unsuccessful. In either case, the seller bears the costs of transport, labour and materials.
The warranty does not apply to damage done by normal use over time. So, taking the shoe example, it wouldn't apply to shoes that were worn down through months or years of use.
Because damage by normal wear is not covered by the warranty, the burden of proof on the customer increases over time.
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Normally within the first six months, it can be assumed in many cases that a defect was present at the time of purchase. If you've had a product for more than a year, however, you may need to prove that the defect existed from the beginning.
However, your product may still be protected in some cases of wear - especially if it doesn't live up to its marketed performance.
The author of "Smart Living in Germany", a newsletter for spending and money tips, recently wrote that they successfully had their Fitbit smartwatch replaced after wearing it for 1.5 years because it died in the pool despite being marketed as waterproof.
What are your protections under guarantee? (Garantie)
As opposed to the EU's statutory warranty, a product guarantee (also called a warranty in English), is basically a promise that is made voluntarily by a manufacturer or sometimes a retailer.
The rules around a product guarantee are defined by the manufacturer, so they vary between companies and products.
Read the terms and conditions of a product guarantee carefully before invoking it to make sure it can be applied to your case.
German law does mandate that the terms and conditions of product guarantees are published and include; information about the guarantor, duration and content of the warranty, and the procedure to follow as a buyer.
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Note that a product guarantee does not supersede your protections under the statutory warranty - so you can still invoke the Gewährleistung if the terms of a guarantee are not as favourable.
It's always worth a try
Legal protections and guarantees aside, many successful brands maintain a policy of encouraging loyal customers by going above and beyond in terms of reimbursements and replacements.
So if a new product doesn't meet your expectations it can be worth contacting the manufacturer or retailer to explain your issue and ask if they can replace it or give you a refund.
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