Guarantee and warranty: What is the difference? (FAQ 14)

Garantie und Gewährleistung: Was ist der Unterschied? (FAQ 14)
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There is a clear distinction between a manufacturer’s warranty and a statutory warranty: The statutory warranty ("Gewährleistung") is regulated by law and obligates sellers to be liable for defects that already existed at the time of delivery. A manufacturer’s warranty ("Garantie") is offered voluntarily by the manufacturer, which also sets its own terms. Many people confuse these terms, even when buying an e-bike.

Key Findings

  • Statutory warranty is regulated by law and protects buyers against defects that already exist at the time of purchase. You have two years to assert claims.

  • A manufacturer’s warranty is a voluntary service provided by the manufacturer that offers additional benefits. The terms and duration are determined by the provider.

  • Keep all receipts and warranty documents. Report defects immediately and document them in order to effectively enforce your rights.

Difference: Warranty vs. Statutory Warranty

Unterschied: Garantie vs. Gewährleistung
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What does statutory warranty mean?

As a buyer, you have the right to defect-free goods. The statutory warranty is regulated by law and protects you if a product is faulty at the time of purchase. The German Civil Code (BGB) obligates the seller to stand up for such defects. You can claim for defective new goods within two years of purchase. For used goods, the period is at least one year, unless otherwise agreed.

The statutory warranty covers liability for material defects. You can demand repairs, replacement, withdrawal, a price reduction, or damages if the supplementary performance fails.

In Germany, the statutory period is two years. In other EU countries such as Spain and Sweden, it is three years. Portugal even offers this period for refurbished goods.

Balkendiagramm zeigt Gewährleistungsfristen in Deutschland, Spanien, Schweden und Portugal

What is a manufacturer's warranty?

A manufacturer's warranty is a voluntary service provided by the manufacturer or seller. You receive it in addition to the statutory warranty. The warranty must be governed by a contract. The provider determines the scope and duration themselves. The warranty statement must be simple and understandable. It contains information about your statutory rights and the contact details of the warrantor.

  1. The warranty goes beyond the statutory warranty.

  2. It is established by a contract.

  3. The provider decides how long it lasts and what is covered.

  4. The warranty exists in addition to the statutory warranty.

  5. You will find all important details in the warranty statement.

Typical terms and limitations are:

  • Deductibles

  • Mileage limits (for example with vehicles or e-bikes)

  • Exclusion of certain parts, such as wear-and-tear parts

  • Individual regulations depending on the provider

  • You should check the warranty conditions carefully

The most important differences at a glance

Here you can see the differences between a manufacturer's warranty and a statutory warranty clearly:

Aspect

Manufacturer's Warranty

Statutory Warranty

Voluntariness

Always voluntary, additional service

Legally mandated

Legal Basis

Based on warranty terms

Regulated in the Civil Code

Deadlines

Depending on warranty terms

Statutory deadlines that cannot be restricted to the disadvantage of the consumer

Another comparison example:

Criterion

Statutory Warranty

Manufacturer's Warranty

Content

Ensures freedom from defects at the time of sale

Ensures freedom from defects during the specified period

Duration

2 years for new goods, during which defects existing at the time of purchase can be proven

Depending on specific terms

Burden of Proof

Up to 6 months after purchase with the retailer, thereafter with the buyer

With the buyer, but the proof is easier to provide

Practical examples illustrate the differences:

Example

Statutory Warranty

Manufacturer's Warranty

Defective electrical appliance

Repair or replacement after one year if the blender stops working.

Direct contact with the manufacturer for the services promised in the warranty.

Defective furniture

Elimination of the defect or delivery of a faultless cupboard.

Additional options, depending on warranty conditions.

New legal changes will come into effect on September 27, 2026. Retailers must provide standardized information regarding statutory warranty and manufacturer's warranty rights. They must offer a warranty label and a product-specific manufacturer's warranty label, if available. This applies to all retailers, whether in e-commerce or in physical stores.

When you buy an e-bike, you should read the warranty conditions carefully. Check which parts are covered and how long the warranty lasts. The statutory warranty always protects you, but a manufacturer's warranty can offer additional benefits.

Rights in case of defects and deadlines

Claims and procedure for complaints

You have various claims if a product shows a defect. A defect exists if the goods do not possess the agreed-upon characteristics, are unsuitable for their intended purpose, or do not meet standard quality expectations.

  • You can demand repairs.

  • You have a claim for replacement.

  • You may reduce the purchase price.

  • You can withdraw from the contract.

The complaint process generally follows these steps:

  1. You report the defect immediately, preferably in writing.

  2. You request repair or replacement.

  3. You set a deadline for the rectification of the defect.

  4. If no solution is reached, you can demand a price reduction or withdraw from the contract.

  5. You have a claim for damages if costs are incurred.

Tip: Document the defect with photos and notes. Set a reasonable deadline (usually 2–4 weeks) and obtain an expert opinion in case of disputes.

Overview of deadlines and burden of proof

Statutory deadlines differ depending on the type of goods:

Type of goods

Statutory warranty period

New goods

2 years

Used goods

1 year (negotiable)

Within the first six months after purchase, the seller must prove that the goods were faultless. After six months, the burden of proof lies with you.

Time period

Burden of proof

Within 6 months

Seller must prove defectiveness

After 6 months

Buyer must prove defect existed at time of delivery

Consumer protection organizations support you in enforcing your rights. They offer advice and help with conflicts. You can contact the consumer advice center if you are unsure.

E-Bike: Comparison of manufacturer's warranty and statutory warranty

E-Bike: Garantie und Gewährleistung im Vergleich
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Typical warranty terms for an e-bike

When buying an e-bike, you often receive different warranties for individual components. Manufacturers usually offer a longer warranty on the frame, often five years. For the motor, the warranty period is usually between two and five years. Batteries generally have a warranty of twelve months. The warranty usually covers frame breakage and minimum battery performance in the first year. Wear-and-tear parts such as the saddle, tires, or brakes are often excluded. The lifespan of a modern lithium-ion battery is up to 1,000 charging cycles, which corresponds to about three to five years.

Component

Warranty Period

Conditions

Frame

5 years

Breakage resistance, replacement, or repair

Motor

2-5 years

Replacement or repair in case of defect

Battery

12 months

Minimum 60% capacity in the first year

Wear-and-tear parts

None

Excluded from the warranty

What to look for when buying an e-bike?

You should check the warranty and statutory warranty conditions carefully. The statutory warranty applies for two years for new e-bikes and one year for used models from a retailer. With private sales, the statutory warranty is often excluded. Common defects concern the battery, motor, or the display. Have important documents such as the purchase receipt, warranty documents, and maintenance records ready. Many manufacturers require registration of the e-bike for the warranty. Check whether transport costs are covered in the event of a warranty claim. In case of problems, you must contact the retailer during the statutory warranty period, and generally the manufacturer for the warranty.

Tip: Keep all documents carefully. This way, you can quickly and easily assert your claims in the event of a complaint.

You can see the difference: the statutory warranty protects you by law, the manufacturer's warranty supplements it voluntarily.
Observe these tips when buying and when making a complaint:

Avoid misunderstandings: You do not have to bear return shipping costs and can make further claims after unsuccessful repairs. Don't be afraid to assert your rights clearly and politely!

FAQ

What happens if you discover a defect only after the statutory warranty period has expired?

You can no longer assert any claims. The statutory deadline only protects you within two years for new goods.

What does a manufacturer's warranty usually cover for an e-bike?

Part

Coverage

Frame

Breakage resistance

Motor

Defects

Battery

Minimum performance

What do you need to consider when making a complaint?

  • You should report the defect immediately.

  • You must have receipts and photos ready.

  • You set a deadline for the repair.