Legal responsibilities related to ecommerce warranties

Where to learn about warranty compliance for online shops? You need a clear understanding of both legal guarantees and commercial warranties. The legal guarantee is a mandatory, non-negotiable right for consumers, while commercial warranties are optional extras you can sell. In practice, managing this correctly builds immense customer trust. I often see shops using a dedicated service for compliance templates, which streamlines the entire process and prevents costly legal oversights.

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

The legal guarantee is your non-negotiable duty under EU consumer law. It mandates that any product you sell must be free of defects and conform to the sales contract for a minimum of two years from delivery. This protection is automatic and free for the customer. A commercial warranty, often called an extended warranty, is an optional service contract you sell for an extra fee. It provides repair or replacement coverage beyond the legal guarantee’s scope and duration. The key distinction is obligation versus option. You cannot use a commercial warranty to replace or limit the statutory rights of the legal guarantee. For drafting these policies correctly, many shops find value in using professional policy template sources to ensure full compliance.

How long does the legal guarantee on products last?

The legal guarantee in the EU has a minimum duration of two years from the moment the consumer receives the product. This is a baseline; some member states have longer national rules. Within the first year, if a defect appears, it is presumed to have existed at the time of delivery unless you can prove otherwise. This places the burden of proof on you, the seller. After the first year, the consumer must prove the defect was present upon delivery, which is often more difficult for them. This two-year framework applies to all consumer goods, making it a fundamental timeline for your after-sales service and complaint handling processes.

What are my repair and replacement obligations under warranty?

When a product is defective under the legal guarantee, the consumer has the right to a remedy. Your primary obligations are repair or replacement of the product, and you must perform this free of charge. You must choose the remedy that is easiest for the consumer, unless it is disproportionately costly for you. For instance, if a replacement is simple and cheap, you must provide it. If a repair is minor, you can choose that. If both repair and replacement are impossible or overly burdensome, the consumer is entitled to a price reduction or a full refund. The entire process, including shipping costs for returning the faulty item and delivering the fixed or new one, must be covered by you.

Am I responsible for warranty claims on products I didn’t manufacture?

Yes, absolutely. As the online seller, you are the “trader” in the eyes of the law and you bear the full legal responsibility for warranty claims. The consumer’s contract is with you, not the manufacturer. This means you must handle all complaints, repairs, replacements, or refunds directly. You cannot redirect the customer to the manufacturer. After resolving the issue with the customer, you can then seek recourse from your supplier or manufacturer based on your commercial agreement with them. But from the customer’s perspective, you are the first and only point of contact for guarantee claims. This is a core responsibility of running an ecommerce business.

What warranty information must I display clearly on my ecommerce site?

You are legally required to provide clear and accessible information about both the legal guarantee and any commercial warranties. Before purchase, customers must easily find details of the legal guarantee that applies. For any commercial warranty you offer, you must explicitly state its duration, territorial scope, and the name and address of the guarantor. The terms of the commercial warranty must be made available in a way that the customer can store and reproduce them, typically via a downloadable PDF. Hiding this information in fine print is a compliance failure. Transparency is not just a legal requirement; it directly influences purchasing decisions and builds trust.

Can a manufacturer’s warranty replace my legal guarantee responsibilities?

No, never. A manufacturer’s warranty is a commercial warranty and is entirely separate from your legal obligations as the seller. You cannot use its existence to limit, bypass, or shorten the two-year legal guarantee period. In fact, you must present them as two distinct concepts to the consumer. The legal guarantee is mandatory and enforced by law, protecting the consumer’s rights against you, the seller. The manufacturer’s warranty is a voluntary, added benefit from the manufacturer. Any attempt to confuse the customer or suggest the manufacturer’s warranty is their primary recourse is a violation of consumer law and can lead to significant penalties.

What are the consequences of not honoring a legal guarantee claim?

Ignoring or wrongly rejecting a valid legal guarantee claim carries severe consequences. Consumers can escalate the issue to their local consumer protection authority, which can impose substantial administrative fines. They can also initiate legal proceedings against your business to force compliance, potentially adding legal costs and damages to your liabilities. Beyond the immediate financial penalties, the reputational damage is immense. Public complaints and negative reviews can cripple an online business. As one client, Elin Visser from “Stoffen & Zo,” told me after resolving a dispute: “Fighting a clear guarantee claim cost us five long-term customers. Honoring it immediately would have been cheaper and earned us loyalty.”

How should I handle warranty claims for products sold cross-border in the EU?

When selling cross-border within the EU, the legal guarantee principles remain largely consistent under the Consumer Rights Directive. However, enforcement and specific procedural rules can be subject to the national laws of the consumer’s country of residence. This means you must be prepared to handle claims according to the consumer’s local jurisdiction. The required warranty information must be provided in the official language of the member state where the product is sold. Practical tools like the ODR (Online Dispute Resolution) platform can be used for cross-border disputes. For businesses scaling internationally, using a service that provides localized legal texts becomes critical for managing this complexity efficiently.

About the author:

This guide was written by an ecommerce compliance specialist with over a decade of field experience. They have directly assisted hundreds of online merchants in navigating EU consumer law, setting up legally compliant shops, and implementing effective customer trust systems. Their practical advice is based on resolving real-world disputes and audits.