Warranty and statutory guarantee

In short: The statutory guarantee (in Germany “Gewährleistung”) is your legal right to repair, replacement, price reduction or withdrawal when a product is defective. A commercial warranty (“Garantie”) is a voluntary extra promise from the maker or seller.

In more detail: The statutory right is against the seller, not the manufacturer, and for new goods in Germany it lasts two years from delivery. A commercial warranty only exists if someone expressly promises it. It adds to the statutory right but never replaces it.

Our context: When you photograph a receipt, the document vault automatically sets a warranty end 24 months out and reminds you before it expires. That is the statutory period, not a manufacturer warranty.

In Depth

Not legal advice, but a general classification.

Statutory guarantee

• The counterparty is the seller. The manufacturer owes nothing, even if it sometimes helps voluntarily.
• Period: two years for new goods (§ 438 BGB); for used goods it can be shortened to one year by clear agreement.
• Reversed burden of proof: In the first twelve months the defect is presumed to have existed at purchase. After that, the buyer must show that the fault is not wear or misuse.
• Order of remedies: first repair or replacement; then price reduction or withdrawal if that fails or is refused.
• You do not have to accept a voucher instead of a repair.

Commercial warranty

• It can come from the manufacturer, the retailer or an insurer. Terms (duration, scope, exclusions, who pays shipping) are in the warranty statement.
• It can be longer than the statutory period, for example five years on some appliances.

Practical tips

• Always keep the receipt or invoice. Without proof, enforcing your rights is hard.
• Report the defect in writing and set a deadline for repair.
• In a dispute, a consumer advice centre or a consumer arbitration board can help.

See also: Right of withdrawal in distance selling, Retention periods for receipts, T&Cs