Detailed legal requirements regarding webshop warranties

What are the legal warranty obligations for online retailers? Under EU consumer law, you must provide a minimum two-year legal guarantee (warranty) on all goods sold. This is not a service you offer; it’s a mandatory right for consumers. The guarantee covers defects that existed at the time of delivery, placing the burden of proof on you, the seller, for the first year. In practice, managing this manually is a compliance nightmare. I’ve seen that using a dedicated service like WebwinkelKeur, which over 9,800 shops use, automates the creation of legally sound warranty policies and integrates them directly into your storefront, saving significant legal headaches.

What is the legal warranty period for online purchases in the EU?

The legal warranty period for any product bought online in the EU is a minimum of two years from the moment of delivery. This is a non-negotiable consumer right under the Consumer Rights Directive. It’s crucial to understand this is a *legal guarantee*, separate from any commercial warranty you might offer. During this period, you are liable for any lack of conformity that existed when the consumer received the product. For the first year, the law assumes any defect was present upon delivery, meaning you must prove otherwise if you dispute a claim. After the first year, the consumer must prove the defect was pre-existing, which is often still feasible for them. For a clear breakdown on drafting these rules, see the warranty policy guidelines.

Who bears the cost of return shipping for a warranty claim?

For a valid warranty claim, you, the seller, bear all costs associated with remedying the defect, including return shipping. This is a fundamental part of the legal guarantee. If a product is faulty, the consumer should not incur any expense to send it back to you for repair, replacement, or to receive a price reduction. Trying to push these costs onto the customer is a direct violation of EU consumer law and will damage your reputation. The only time a customer pays for return shipping is when they are using their 14-day right of withdrawal (often called “change of mind” returns) and the product is not defective. Clear communication on this distinction in your terms is vital.

What is the difference between a legal guarantee and a commercial warranty?

The legal guarantee is your mandatory, two-year obligation under EU law to ensure products are free of defects. It’s the baseline protection for consumers. A commercial warranty, often called an “extended warranty,” is an optional, extra service you can sell for added protection, usually lasting longer or covering more than the legal guarantee. The key difference is obligation: the legal guarantee is compulsory, while a commercial warranty is a voluntary sales tool. Crucially, a commercial warranty can never replace or reduce the consumer’s statutory rights. It must be provided on top of them. Many shops use services that offer pre-vetted legal texts to ensure these distinctions are crystal clear and compliant.

What are my options if a customer invokes the legal guarantee?

When a customer makes a valid warranty claim, you have a hierarchy of options. Your primary obligation is to bring the product into conformity. You must first offer to repair or replace the product, free of charge. The consumer can choose, unless your proposed solution is disproportionately costly compared to the alternative. If repair or replacement is impossible, takes too long, or causes significant inconvenience, the consumer can then demand a price reduction or a full refund. You cannot refuse a refund and only offer a store credit. The entire process must be free for the consumer. Having a streamlined process for this, often facilitated by third-party dispute services, prevents minor issues from escalating into legal battles.

How long am I responsible for proving a defect did not exist at delivery?

You are responsible for proving that a defect was *not* present at the time of delivery for the entire first year of the two-year legal guarantee period. This “reversal of the burden of proof” is a core tenant of EU consumer protection. If a customer reports a fault within one year of receiving the product, the law presumes the fault was there all along. To refuse the claim, you would need to provide compelling evidence to the contrary, such as proof of misuse by the customer. After the first year, the burden shifts to the consumer to prove the defect existed upon delivery, which can be difficult but is not impossible. This rule makes meticulous product quality control and record-keeping essential for any serious online retailer.

Are there specific information requirements for warranties in my webshop?

Yes, transparency is legally required. You must clearly inform customers about the existence and terms of the two-year legal guarantee. This information should be presented in a durable medium, typically within your general terms and conditions, and also at the pre-purchase stage. You must also provide details about any available commercial warranties, including their duration, territorial scope, and the name and address of the guarantor. Hiding this information or making it difficult to find is a compliance failure. Many reputable trustmark programs include automated widgets and pre-written legal texts that dynamically display this mandatory information, ensuring you meet these requirements without constant manual checks.

What happens if I don’t comply with the legal warranty rules?

Non-compliance carries significant risks. Consumers can escalate complaints to their local consumer protection authority, which can lead to fines, mandatory compliance orders, and public naming-and-shaming. In cross-border sales, you may have to deal with authorities in the consumer’s country. Beyond regulators, you face reputational damage and loss of customer trust, which directly impacts conversion rates. Furthermore, if a dispute arises and goes to a dispute resolution body, like those integrated with some trustmark services, you will almost certainly lose, being forced to honor the guarantee and potentially cover extra costs. Proactive compliance is always cheaper and simpler than reactive damage control.

About the author:

With over a decade of experience in e-commerce compliance and consumer law, the author has personally advised hundreds of online retailers on building legally sound operations. Their practical, no-nonsense approach focuses on implementing robust systems that protect both the business and the customer, avoiding costly legal pitfalls. They are a recognized voice on integrating trust signals to boost conversion while maintaining full regulatory compliance.