What rights customers have with faulty new goods
The feeling is always a bit like Christmas: the parcel delivery person rings the doorbell, asks for a signature, and hands over a package. Alternatively, the friendly sales assistant scans the box at the checkout and accepts some banknotes. Either way, a long-cherished wish has come true, and after a short or long period of anticipation, you finally hold the item in your hands. The disappointment is correspondingly great if the brand-new goods have defects. Fortunately, there are clear regulations on how to deal with "warranty" and "guarantee" issues – so that annoying disappointment doesn't turn into real trouble.
- What is a defect?
- Difference between warranty and guarantee
- Keeping an eye on deadlines: Time is a warranty
- A case of warranty: What is the customer entitled to?
- Special cases: Private sales and Christmas
What is a defect?
To explain the matter, let's take an office chair as an example – bought by a Mr. Müller, who is often used in such cases. In the showroom of an office furniture store, a friendly salesman explained the difference between an ergonomic and an orthopedic office chair, Mr. Müller made his decision, paid – and received the furniture in its original packaging at the goods issue. Back home, Mr. Müller unpacks his chair and discovers that the left armrest is broken.
Clear case: There is a defect here. An ergonomic office chair needs a functional armrest, just as a coffee machine should make coffee and a camera should take pictures. This is self-evident. A defect also exists if goods do not have the quality or characteristics agreed upon between the seller and buyer. Here, a different example would be needed, for instance, if Mr. Meier had bought waterproof hiking boots and got wet socks in the first drizzle. A defect can also be if a coat has open seams, a table has a loose leg, or a lamp shade is full of holes. In all these cases, the customer is entitled to a warranty.
Difference between warranty and guarantee
What is commonly referred to as "guarantee" is correctly called "warranty" and is regulated as follows: Basically, the seller is responsible for ensuring that the goods he sells function. In other words: He must guarantee that the respective product has the quality that can either be derived from the nature of the item itself – or was agreed upon. If this is not the case, the customer has the right to demand a repair or new goods – naturally, in exchange for the defective item. This is regulated by law and does not have to be specifically agreed upon at the time of purchase.
Now, Mr. Müller's office chair also comes with a manufacturer's guarantee. Many manufacturers, especially well-known brands, attach importance to maintaining their good reputation. Mr. Müller's choice of a product from a renowned manufacturer also proves fortunate in this regard, as the manufacturer guarantees that its ergonomic furniture will function flawlessly for at least 12 months. Mr. Müller now has the choice of either returning his chair to the store and exchanging it for another – or contacting the manufacturer directly. If Mr. Müller decides to return to the retailer, the latter cannot cite the manufacturer's guarantee as an excuse: A manufacturer's guarantee does not limit the seller's warranty obligation.
Keeping an eye on deadlines: Time is a warranty
However, Mr. Müller should not take too long to make his decision: Although customers within the European Union have two years for new goods and one year for used goods to claim their warranty rights, it becomes a bit more complicated regarding the burden of proof: The law follows the probable assumption that defects appearing within half a year after the purchase date were already present at the time of purchase.
Within the first six months, the burden of proof lies with the seller. This means: If the office supplier from whom Mr. Müller bought the chair does not want to exchange or repair the furniture, then the seller must prove that Mr. Müller himself caused the damage. After the six-month period, Mr. Müller must prove that he did not cause the damage – and has two years from the date of purchase to do so. The seller may also not refer Mr. Müller to a third party who is supposed to cover the exchange.
Mr. Müller would also have the right to a warranty if he had bought his office chair from an online retailer abroad. Although it occasionally happens that retailers do not want to guarantee that new goods arrive flawlessly in cross-border transactions, they are violating applicable EU law: The right to a warranty applies throughout the EU. For building materials, incidentally, longer deadlines apply: Manufacturers of roof tiles, laminate or parquet flooring, or bricks must be liable for their flawless usability for five years. These deadlines may not be shortened – but they may be extended by the seller. Especially for high-quality items in the category "you only buy something like this once in a lifetime," sellers are often more generous.
A case of warranty: What is the customer entitled to?
Mr. Müller has now decided to clarify the matter directly with the office chair specialist retailer and thus make use of his right to a warranty. He packs the chair back up and returns it. At the information desk, a friendly employee immediately recognizes that an office chair with only one armrest is defective. Based on the invoice, she has valid proof that Mr. Müller appeared within the six-month period. She must now offer him the following options: Mr. Müller can return the defective chair and request another one. Alternatively, he can demand a repair.
This case becomes interesting if Mr. Müller bought the last copy of this type of office chair and does not want to settle for any other model. The dealer would then have to send it in and have it repaired. Should transport costs, travel, labor, or material costs arise, the office chair seller must bear them. A look at the law reveals: Mr. Müller can set a deadline for the workplace outfitter within which he must remedy the damage. If the seller does not provide defect-free goods or does not carry out the repair within this time, Mr. Müller can withdraw from the purchase contract or reduce the purchase price. Even if the chair still has not received a functioning second armrest after two repairs, it is generally assumed that the repair has failed – and Mr. Müller could withdraw from the purchase contract.
Special cases: Private sales and Christmas
Suppose Mr. Müller had bought his new desk chair not from an office furniture store, but from a neighbor or as a result of an eBay auction from a private person – the matter would be different. Because unlike traders, private individuals can exclude the statutory warranty. However, the neighbor would have to state or the eBay seller would have to formulate in the item description: "The goods are sold without any warranty." However, the exclusion would become invalid if Mr. Müller could prove that the seller knew about the broken armrest, deliberately concealed it, or knowingly made false statements. Special rules often apply at Christmas too: Since gifts are often bought far in advance of Christmas, online retailers in particular sometimes voluntarily offer an extended warranty. It is worth checking the terms and conditions here – because customers cannot demand an extension, not even with reference to "Christmas gift."