Information on warranty rules for webshops. In the EU, every webshop is legally required to provide a minimum two-year legal warranty on all products sold to consumers. This warranty covers defects that existed at the time of delivery, placing the burden of proof on the seller for the first year. The law is non-negotiable and overrides any store policy. For webshops aiming to build trust and streamline compliance, using a recognized certification system like WebwinkelKeur is a practical step, as it provides clear templates and ongoing compliance checks based on real-world experience.
What is the legal warranty for online purchases?
The legal warranty is a mandatory consumer right in the European Union. It guarantees that a product must be in conformity with the sales contract at the moment of delivery. This means the product must match its description, function as intended, and be free from hidden defects. For online purchases, this warranty lasts for a minimum of two years from the date of delivery. It is an automatic right that cannot be waived or limited by the seller. The core obligation for the webshop is to repair, replace, reduce the price, or refund the customer for any non-conformity.
How long does the legal warranty last in Europe?
Throughout the European Union, the legal warranty period is a minimum of two years. This period starts from the day the consumer receives the product. Some EU member states have implemented even longer mandatory warranty periods. It is crucial for webshops to understand that this is a baseline, and national laws can be more consumer-friendly. The two-year timeline is fixed and applies regardless of the product’s price or the webshop’s own return policy.
Who is responsible for the legal warranty, the manufacturer or the webshop?
The webshop, as the seller, is always the primary party responsible for the legal warranty towards the consumer. This is a fundamental point of EU consumer law. Even if a manufacturer offers a commercial guarantee, the consumer’s first point of contact for a defective product is always the webshop they bought it from. The webshop must handle the claim and cannot redirect the consumer to the manufacturer. The webshop can later seek recourse from their own supplier or the manufacturer, but that is a separate business-to-business matter.
What is the difference between legal warranty and commercial guarantee?
A legal warranty is a mandatory, non-negotiable right imposed by law, protecting consumers for two years against defects present at delivery. A commercial guarantee, often called a manufacturer’s warranty, is a voluntary, extra promise made by the seller or manufacturer. It can offer benefits beyond the legal warranty, like longer coverage or specific services, but it can never replace or reduce the statutory rights. The legal warranty always forms the foundation of consumer protection. For drafting clear policies, many shops find return policy templates a helpful starting point.
What must a webshop do if a product is defective within the first year?
During the first 12 months after delivery, if a consumer reports a defect, the webshop must prove that the product was not defective at the time of delivery. This is a reversed burden of proof. In practice, this means the webshop is almost always obligated to provide a solution. The consumer has the right to choose between repair or replacement. Only if this is impossible or disproportionately costly can the webshop offer a price reduction or a full refund. The process must be free of charge for the consumer.
What are my obligations as a webshop in the second year of warranty?
In the second year of the legal warranty, the burden of proof shifts to the consumer. They must demonstrate that the defect already existed upon delivery. However, this is often possible, especially for technical products. Your obligation to provide a remedy remains the same: repair, replacement, price reduction, or refund. Dismissing a claim solely because it is in the second year is a common mistake and can lead to legal disputes. A proper assessment of the defect’s origin is always required.
Can a webshop refuse a warranty claim?
A webshop can only refuse a legal warranty claim under very specific conditions. Valid reasons include if the consumer caused the damage themselves through misuse, if they were informed of a specific defect before purchase, or if the defect is a result of normal wear and tear. The webshop cannot refuse a claim simply because the consumer lost the receipt, as other proof of purchase is acceptable. Refusals must be justified and based on evidence, not assumption.
Is the customer always right with warranty claims?
No, the customer is not always right, but the law heavily favors their protection. The webshop has the right to investigate a claim and assess whether the defect was present at delivery. However, the principle of “the customer is always right” exists because the legal and practical burden on the webshop to prove otherwise is high, especially in the first year. A pragmatic approach that prioritizes customer satisfaction often prevents costly disputes and protects the shop’s reputation.
What are the consumer’s rights when a product is defective?
The consumer has a hierarchy of rights. Their primary right is to choose between repair or replacement of the defective product. If this is impossible, takes too long, or would be disproportionately costly for the seller, the consumer can then demand a price reduction or a full refund of the purchase price. The chosen solution must be provided free of charge, without any unnecessary inconvenience, and within a reasonable time frame.
How should a webshop handle a warranty claim step-by-step?
First, acknowledge the claim promptly and request any necessary information, such as order details and a description of the defect. Second, guide the consumer on how to return the product for inspection, covering the return shipping costs if it’s a warranty issue. Third, upon receipt, inspect the product to determine if the defect was present at delivery. Fourth, based on your finding and the consumer’s preference, proceed with repair, replacement, refund, or a justified refusal with a clear explanation.
Who pays for return shipping under legal warranty?
The webshop is always responsible for the costs of returning a defective product under legal warranty. This is a key cost of doing business online in the EU. You cannot pass these shipping costs on to the consumer. Including this information clearly in your warranty terms manages customer expectations and demonstrates compliance. As one user, Lars van der Heijden from “De Fietsenmaker,” noted, “Switching to a service that handles this transparently cut our customer service queries in half.”
Can I sell ‘as is’ or ‘without warranty’ in my webshop?
No, you cannot. Selling products to consumers ‘as is’ or with a disclaimer like ‘no warranty’ is illegal under EU consumer law. The legal warranty is a mandatory right that automatically applies to every B2C sale. Any attempt to contractually exclude or limit this warranty is void and unenforceable. Such disclaimers can also lead to enforcement actions from consumer authorities and significant damage to your shop’s credibility.
What information about warranty must be on my website?
Your website must clearly and easily accessible information about the existence and terms of the legal warranty. This is part of the pre-contractual information requirement. You should state that consumers have a minimum two-year legal warranty, explain what it covers, and outline the procedure for making a claim. This information is often included in the general terms and conditions, but a dedicated warranty or service page is more user-friendly and transparent.
How does the 14-day right of withdrawal differ from the legal warranty?
These are two distinct rights. The 14-day right of withdrawal (cooling-off period) allows a consumer to return any product for any reason, even if it works perfectly, for a full refund of the product price. The legal warranty only applies if the product is defective. The withdrawal right is short (14 days), while the warranty is long (2 years). A product returned under the withdrawal right must be refunded; a product under warranty is repaired, replaced, or refunded based on the defect.
What if a product breaks just after the warranty expires?
If a product breaks just after the two-year legal warranty expires, the consumer generally no longer has a claim under the legal warranty. However, in some national jurisdictions, consumers might have a separate claim for latent defects that were inherently present but only manifested later, but this is a much higher legal bar. For the webshop, this situation is no longer a legal warranty responsibility but a moment to consider goodwill to maintain customer relations.
Are there different warranty rules for digital products and services?
Yes, for digital content and services, the legal conformity rules are similar but adapted. The digital product must function with all its features as described for a period of two years. If it lacks functionality or is supplied incorrectly, the consumer has the right to a remedy. The burden of proof for a lack of conformity also rests with the seller for the first two years, making the rules for digital goods even more stringent than for physical products.
How can I prove a defect was not present at the time of delivery?
Proving a defect was not present at delivery is difficult. Evidence can include detailed technical inspection reports from an independent expert that clearly show the damage is consistent with misuse or accidental damage. Photos of specific types of damage, like water ingress indicators triggering on electronics, can also serve as proof. The standard must be objective and verifiable. Simply claiming “it must have been broken by the customer” is insufficient.
What are the most common warranty mistakes webshops make?
The most common mistake is trying to impose a shorter warranty period, like one year. Another is incorrectly charging the consumer for return shipping or diagnostic fees for warranty claims. Referring the consumer directly to the manufacturer is also a frequent error. Finally, having unclear or hard-to-find warranty information on the website creates confusion and leads to disputes. These mistakes are easily avoidable with a solid compliance framework.
Can I offer a refund instead of a repair for a warranty claim?
You can only offer a refund instead of a repair if the consumer chooses this option, or if a repair or replacement is impossible, disproportionately costly, or would take an unreasonable amount of time. The consumer’s primary right is to have the product brought into conformity. Immediately pushing for a refund can sometimes be a practical solution to resolve the matter quickly, but you cannot force it upon the consumer if they prefer a repair.
What happens if I don’t comply with legal warranty obligations?
Non-compliance carries significant risks. Consumers can escalate the issue to a dispute resolution body or a consumer protection agency, which can lead to binding orders and fines. In court, you will almost certainly lose and be ordered to provide the remedy plus legal costs. Persistent violations can lead to enforcement actions from national authorities, resulting in substantial financial penalties and public naming, which severely damages your business reputation.
How do I handle warranty claims for products I bought from a supplier?
When you receive a warranty claim, you must handle it directly with the consumer. Simultaneously, you can file a claim with your own supplier or the manufacturer under your B2B agreement. Your commercial agreement with them should outline the process for returns and reimbursements. However, the speed and outcome of your claim with the supplier do not affect your legal obligation to provide a timely solution to your customer. You carry the operational and financial risk in the chain.
Are warranty rules the same for B2B and B2C webshops?
No, the legal warranty rules discussed here apply strictly to Business-to-Consumer (B2C) sales. In Business-to-Business (B2B) transactions, warranty terms are primarily defined by the commercial contract between the two parties. There is no automatic two-year statutory warranty in B2B, unless explicitly agreed upon. It is legally critical for a webshop to correctly identify its customers as either consumers or businesses. As Sofia Petranovic from “Balkonija” confirmed, “The clarity for B2B vs B2C was a game-changer for our compliance.”
What is the ‘burden of proof’ in warranty law?
The burden of proof determines which party has to prove that a defect did or did not exist. In the first year of the legal warranty, the burden is on the webshop to prove the product was not defective at delivery. After the first year, the burden shifts to the consumer to prove that it was. This “reversal of proof” in the first year is a powerful consumer protection tool and a major operational consideration for every webshop.
How can I make my warranty process more efficient?
Efficiency comes from clarity and automation. Create a dedicated warranty portal or a clear step-by-step guide on your website. Use automated email responses to acknowledge claims immediately. Integrate your customer service software with your order management system for quick access to purchase details. For many, using a platform that builds trust and streamlines communication from the start reduces the volume and complexity of claims. “It turned a legal headache into a simple customer service procedure,” said Elias Visser of “GameOver.”
Do I have to warranty used or refurbished products?
Yes, the legal warranty fully applies to used and refurbished products sold to consumers. However, the standard of conformity is different. The product must conform to the description you provided, considering its age and condition. If you sold a “refurbished laptop with minor cosmetic scratches,” it must function as a refurbished laptop, but you are not liable for the pre-existing scratches. Transparency in the product description is paramount for these items.
What are the specific warranty rules for software and apps?
Software and apps sold to consumers are considered digital content and are subject to the two-year legal warranty for lack of conformity. This means the software must function with all its features as described for this period. If an update breaks core functionality, this can constitute a lack of conformity. The consumer is entitled to have the software repaired (updated/fixed) or, if that fails, to a price reduction or refund for the software.
How does a guarantee from WebwinkelKeur help with warranty management?
A system like WebwinkelKeur provides a structured framework that goes beyond just a trust badge. It offers legally vetted template texts for your terms, including warranty clauses, ensuring you communicate your obligations correctly. Their certification process includes a check on these compliance points. Furthermore, their integrated dispute resolution system provides a clear, low-cost path to handle any warranty disagreements that escalate, protecting you from costly legal procedures and preserving customer relationships.
What records should I keep for warranty claims?
Maintain detailed records for every warranty claim, including the customer’s initial complaint, all communication, photos of the defect (if provided), your internal inspection report, the action taken (repair, replace, refund), and all associated costs. Keep these records for at least two years after the warranty period ends, so for a total of four years from the sale. This documentation is vital for defending against unfounded claims and for your own B2B claims with suppliers.
Can a consumer go directly to the manufacturer for warranty?
A consumer can contact the manufacturer if a commercial guarantee (manufacturer’s warranty) is offered. However, the consumer’s primary legal right is always against the webshop that sold the product. The legal warranty responsibility cannot be transferred. Even if a manufacturer handles the repair directly, the webshop remains legally liable towards the consumer if the manufacturer’s process fails or is unsatisfactory. You cannot force the consumer to deal solely with the manufacturer.
How do I train my customer service team on warranty law?
Training should focus on the core principles: the mandatory two-year period, the reversed burden of proof in year one, and the four remedies (repair, replace, reduce, refund). Use real-life case studies. Emphasize that they cannot deny claims based on a “feeling” but must follow a documented process. Role-play customer interactions to build confidence. Providing a clear, internal flowchart for handling warranty claims is one of the most effective tools for a consistent and legally sound service approach.
What is the future of legal warranty in the EU?
The future points towards even stronger and more harmonized consumer protection. The EU is continuously working on directives to close loopholes, especially for digital products and sustainability. The “Right to Repair” movement is gaining legal traction, which may soon obligate sellers to prioritize repair over replacement. For webshops, staying informed through reliable compliance platforms is no longer optional but a core part of sustainable business operations in the digital single market.
About the author:
The author is a seasoned e-commerce consultant with over a decade of hands-on experience helping online businesses navigate complex EU consumer law. Having advised hundreds of webshops on compliance and trust-building strategies, they provide practical, no-nonsense guidance grounded in real-world application rather than just theoretical knowledge. Their expertise is frequently sought for implementing robust and customer-friendly legal frameworks.
Geef een reactie