What to do if a device stops working? We explain the difference between guarantee and warranty, how to make a complaint and who to contact in the event of a defect. Since the beginning of the year you have more rights and therefore better cards.
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Since January there has been a new legal situation for consumers in terms of guarantees and warranties.
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Defects can also occur in devices that have not been in use for years: the printer suddenly stops printing, the smartphone does not make a peep even without external damage, or the monitor shows ugly stripes. A warranty case? It gets complicated even with the terms, because whoever speaks of “guarantee” often means the warranty. Both differ significantly from each other.
As a consumer, you are entitled to warranty rights after purchase from the retailer, by law. They apply to online shops such as Amazon as well as to stationary trade. The guarantee in the legal sense, on the other hand, is a voluntary service, mostly by the device manufacturer. They are free to determine the duration, service and scope.
Guarantee: period for consumers twice as long
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The “exchange check” of the consumer advice center NRW interactively determines your warranty rights and uses this to create a letter of complaint to the retailer.
The statutory warranty applies to new goods for two years after purchase, only for used items is it reduced to one year. But what exactly does the guarantee cover? In short, you have the right to the product not having any material defects or being impaired in its function when it is handed over.
Since such defects often do not show up immediately – just think of a notebook display hinge that is prone to breakage – it was already the case that all defects that occurred in the first six months were presumably already present from the start. In the subsequent 18 months of the warranty period, the customer had to prove in individual cases that the defect was already in the device at the time of purchase.
Because this is difficult for consumers and can usually only be proven by an expert opinion, the legislator has doubled the period for the reversal of the burden of proof to twelve months since the beginning of the year. In the event of a defect, the retailer now has up to a year after purchase to prove that the product was initially in order. Important: The new deadline only applies to purchases made after January 1, 2022, so not yet for last year’s Christmas gifts.
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Your rights under warranty: New device or repair
In the event of a defect, the seller must provide you with a faultless product, i.e. either provide a new one (replacement) or repair the defective one. You are free to choose one of the two variants, the seller is not allowed to create facts himself without your consent. The dealer can only refuse your request if the repair costs are disproportionately high. In any case, he bears all costs for postage, transport, work and material. You, in turn, must give the dealer a reasonable period of time, for example two weeks, for the repair or replacement.
If you decide to have it repaired, the seller usually only has two attempts. You only have to accept three for “technically complicated devices” such as PCs. For goods purchased after January 1st, you can withdraw from the purchase contract, reduce the price or demand compensation after an unsuccessful attempt at repair. If you cancel the purchase, you are entitled to a refund of the purchase price; you do not have to accept a voucher.
A prerequisite for the warranty claim is that you have used the goods properly and have not caused the error that occurred yourself. “Wearing parts” in the legal sense do not exist. So if the battery in the notebook or smartphone dies prematurely, the retailer is liable. A cracked display, on the other hand, indicates improper handling.
The consumer advice center NRW offers an “exchange check” on the Internet, which queries the most important facts and uses this to create a sample letter to send to the retailer.
Guarantee by device manufacturers or partner companies
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Understanding the additional guarantees that are now often offered when purchasing a product is anything but easy: scope, performance, duration and payment methods differ.
While the guarantee always applies and cannot be denied by the seller with reference to any additional guarantee that may have been granted, the guarantee is a voluntary service. In the past, this was usually granted free of charge by the device manufacturers, but now more and more dealers are offering an additional guarantee for a surcharge when purchasing a device: as “device protection”, “device insurance” or “guarantee extension”.
Which damages and services such an additional contract protects or excludes, who the contractual partner is and how long the contract is valid differs from provider to provider.
If you have opted for an additional guarantee or if you receive it from the manufacturer anyway, you can choose between your claims against the retailer and the guarantor in the event of a defect within the guarantee period. The decision depends on the warranty conditions, the type of goods, the way to the dealer and the time of the defect. In the first six or now twelve months, the warranty is often the better choice, after which it is more likely to make use of the guarantee. It should be borne in mind that a (failed) attempt at repair by the manufacturer can affect the seller’s warranty.
Since January 1st:
The guarantor must provide you with the guarantee conditions on a durable medium. This includes information about the guarantor, the duration and content of the guarantee, the notice that the warranty rights are not restricted, and the procedure to be followed in the event of damage.
What else is important and will be used shortly
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An update guarantee now applies to “purchased items with digital elements”. More and more smartphone manufacturers are now offering updates for up to five years.
While the statutory warranty applies regardless of whether you have bought online or in a local store, the guarantee can differ depending on the shopping channel – even with identical products this is sometimes the case. The 14-day right of cancellation only applies to online purchases and allows you to cancel the purchase and return the goods without giving a reason. In the meantime, many stationary shops also offer such an exchange and money-back option. But that’s goodwill, you don’t have to.
The obligation to update numerous electronic products has been new since the beginning of the year: In the case of “purchased items with digital elements”, retailers must ensure the functionality and IT security of the devices, software and services even after the purchase. This applies to smartphones, computers and tablets, fitness trackers, televisions, apps as well as software and other device classes. On the other hand, the duration of the update obligation has not yet been specified; five years are under discussion, depending on the type of device. The new law is already having an effect on Android smartphones, as more and more manufacturers are now promising version and security updates for exactly these five years.
Two other changes in the law are imminent: from the end of May, online marketplaces such as Amazon or Ebay and comparison portals must provide comprehensive information on the main criteria and the weighting for the ranking of search results. Finally, from July 1st, all contracts concluded via the Internet must offer the option of being able to cancel them again online using a “cancellation button”.