1. The Warranty (Liability for Defects)

The warranty is a legal right. It regulates the liability of the seller for defects that already existed at the time of purchase (handover of the goods).

• Duration: For new goods, legally 24 months; for used goods, it can be reduced to 12 months.
• Responsible: Always the seller (merchant), not the manufacturer.
• Content: The buyer primarily has the right to subsequent performance (repair or replacement). If this fails, withdrawal, reduction, or damages may be considered.

The Reversal of the Burden of Proof

This is the crucial point in practice:

• In the first 12 months, it is presumed that the defect already existed at the time of purchase. The seller would have to prove otherwise.
• After 12 months, the reversal of the burden of proof applies: Now the buyer must prove that the defect was already present at the time of handover.

Legal Basis:

• § 437 BGB: Rights of the buyer in case of defects.
• § 438 BGB: Limitation of claims for defects.
• § 477 BGB: Reversal of the burden of proof (especially important for consumer goods purchases).

2. The Guarantee

The guarantee is a voluntary service. It is an additional promise that goes beyond the legal obligations.

• Duration: Freely selectable by the guarantor (e.g., 6 months, 5 years, or "lifetime").
• Responsible: Mostly the manufacturer (manufacturer's guarantee), less often the seller (seller's guarantee).
• Content: The terms are determined by the guarantor. Often, it relates to the functionality of certain parts over a specific period.
• Relationship: A guarantee may never limit or replace the statutory warranty. It exists alongside it.

Legal Basis:

• § 443 BGB: Guarantee.
• § 479 BGB: Special provisions for guarantees in consumer goods purchases (transparency obligations).

Summary: The Differences at a Glance

Sources and Further Information

1. Bürgerliches Gesetzbuch (BGB): The central legal source for purchase law in Germany.
2. Verbraucherzentrale: Provides detailed guides on current rulings and practical enforcement (e.g., on the 2022 reform of the law of obligations).
3. Stiftung Warentest: Regularly publishes comparisons on handling complaints with major retailers.