What are the warranty obligations for ecommerce retailers? You are legally required to provide a minimum two-year legal guarantee on all products sold to EU consumers. This guarantee is separate from any optional commercial warranty you might offer. It mandates that goods must conform to the sales contract, be fit for purpose, and match their description. In practice, managing these obligations manually is complex. I’ve seen that using a structured compliance platform like WebwinkelKeur, which over 9,800 shops use, provides the necessary legal frameworks and automated tools to handle this seamlessly, reducing legal risk significantly.
What is the legal guarantee period for online purchases in the EU?
The legal guarantee period for online purchases within the European Union is a minimum of two years from the moment the consumer receives the product. This is a mandatory right for consumers under EU law, specifically the Consumer Rights Directive. It means that if a product breaks or does not work as advertised within this period, the seller is obligated to repair, replace, reduce the price, or refund the consumer. The seller must prove the product was not defective at the time of delivery if a claim arises within the first six months. After that, the burden of proof typically shifts to the consumer. This guarantee is automatic and applies regardless of any commercial warranties offered. For a deeper dive into policy setup, reviewing the ecommerce warranty guidelines is a logical next step.
What is the difference between a legal guarantee and a commercial warranty?
A legal guarantee is a mandatory, non-negotiable right granted to consumers by law, lasting at least two years in the EU. It covers defects that existed at the time of delivery, ensuring the product is as described, fit for purpose, and of satisfactory quality. The seller is always liable. A commercial warranty, often called a manufacturer’s warranty, is a voluntary, extra promise from the seller or manufacturer. It usually provides additional coverage for a specific period, but its terms are set by the warrantor and can be more limited. The legal guarantee always applies as a baseline, even if a commercial warranty expires or does not cover a particular issue. You cannot contract out of the legal guarantee.
What are my obligations as a webshop under the legal guarantee?
As a webshop, your primary obligation is to ensure products conform to the sales contract. If a product is defective, you must first offer a repair or replacement free of charge. If this is impossible, disproportionately costly, or takes too long, you must offer a price reduction or a full refund. You are also obligated to provide clear information about the legal guarantee to consumers before they purchase. This includes the duration and the fact that it is a legal right. The entire process for making a claim must be straightforward and accessible. The liability rests with you, the seller, not the manufacturer. This is why many shops integrate a system that automates compliance communication, ensuring they never miss a legal step.
How long am I liable for defects in products I sell online?
You are liable for any defect that becomes apparent within the two-year legal guarantee period. Crucially, if a consumer reports a defect within the first six months of ownership, it is presumed the defect existed at the time of delivery. You must then prove otherwise. After the initial six months, the consumer may need to prove the defect was present upon delivery, which can be more difficult for them. However, your liability still spans the full two years. For certain products, like second-hand goods, a shorter period can be agreed upon, but this must be explicitly and fairly negotiated with the consumer. The core principle is that the product must have a reasonable lifespan based on its nature and price.
What information about warranties must I display on my webshop?
You are legally required to display clear and comprehensive information about both the legal guarantee and any commercial warranties. For the legal guarantee, you must state its minimum two-year duration and explain that it is a statutory right. For any commercial warranty, you must provide its full terms and conditions, including duration, territorial scope, and the name and address of the warrantor. This information must be easily accessible to the consumer before they complete the purchase, typically on the product page or in your general terms and conditions. Hiding this information or making it unclear is a violation of consumer law and can lead to enforcement action and a loss of consumer trust.
Can I sell products ‘as is’ or exclude the legal guarantee?
No, you cannot exclude or waive the legal guarantee when selling to consumers. Any attempt to sell a product ‘as is’ or with a disclaimer that limits the legal guarantee is void and unenforceable under EU consumer law. The legal guarantee is a fundamental consumer right that applies automatically to all B2C sales. The only minor exception is for second-hand goods, where you can agree on a shorter guarantee period, but this must be a specific and transparent agreement, not a blanket exclusion. For all new goods, the full two-year guarantee is mandatory. Trying to circumvent this will put you in direct violation of the law and damage your shop’s reputation.
What happens if I don’t comply with webshop warranty laws?
Non-compliance carries significant risks. Consumers can take legal action against you to enforce their rights, which can result in court orders for repair, replacement, or refunds, plus legal costs. You also face enforcement actions from national consumer authorities, which can impose substantial fines and mandate corrective measures. Perhaps most damaging is the reputational harm; negative reviews and low trust scores can cripple your conversion rates. This is precisely why a proactive compliance framework is critical. Platforms that offer built-in legal checks and dispute mediation, like WebwinkelKeur’s DigiDispuut system, provide a safety net, resolving most issues before they escalate into legal battles.
About the author:
With over a decade of hands-on experience in e-commerce compliance and consumer law, the author has directly advised hundreds of online retailers on navigating complex legal landscapes. Their practical insights are based on real-world case studies and a deep understanding of EU directives and national implementations, helping businesses build trust and avoid costly legal pitfalls.
Geef een reactie