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Warranty and indication of liability for defects

This post is also available in: Deutsch

As I often write, the establishment of an online service or an online shop is currently riddled with so many traps and warning risks that it is difficult to see even as a lawyer. For example, I have already reported on the need to inform consumers about the statutory warranty rights. It is also the case that products with manufacturer’s warranty conditions must be careful,but that advertising can also be warned with self-evident measures.

Unfortunately, the respective traps are also well entangled with each other. For example, if you inform about warranty conditions or if an eBay dealer optimizes its withdrawal conditions with regard to the deadline and the target group to comply with the eBay guarantee, you are by no means on the safe side. Because if you offer a guarantee of any kind yourself, or if you sell a product that is “blessed” with a guarantee from the manufacturer, the statutory warranty of defects is of course not excluded. After all, a guarantee is always a voluntary service, which may be subject to different conditions, for example with regard to the date or place of purchase. However, it is precisely this circumstance that must be made aware of the consumer in order not to be warned again by associations such as the IDO.

Even if this circumstance is justified, because often warranty is confused with the warranty, this poses a further risk for online retailers or service providers and should be observed when setting up an online presence.

In summary, therefore, the consumer’s legal rights under Section 437 et seq. BGB and it is noted that the warranty does not restrict the rights. It is necessary to provide information on the name and address of the guarantor and on the duration of the guarantee, the territorial scope and the content and conditions of the guarantee, and any essential information necessary to enforce the guarantee. . This can quickly become a big passage and overwhelm legally unneeded providers.

In principle, however, it is true that a serious entrepreneur has to reckon with warnings and legal costs. Without it, it’s hard to 😉

Marian Härtel

Marian Härtel

Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.


03322 5078053


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