A new washing machine stops working, or a bicycle arrives with a defective brake. Your statutory claim usually starts with the business that sold it to you. Record the fault, notify the seller and ask for repair or replacement. A refund can become an option, but it is not automatic whenever something breaks.
This guide covers ordinary goods bought as a consumer from a business under German law, the situation described in § 474 BGB. Private sales, services and digital products need separate checks; goods with software can have additional rules. It does not cover every cross-border purchase or older contract.
1. Statutory rights or a manufacturer's guarantee?
Gewährleistung is the usual shorthand for statutory rights when goods are defective. § 437 BGB sets out the routes to a remedy: repair or replacement, and, where the legal conditions are met, withdrawal, a price reduction or damages. These are claims arising from the sale.
A Garantie is an additional promise from a manufacturer, seller or another provider. Its coverage depends on that promise. Under § 443 BGB, guarantee rights exist alongside statutory claims. A manufacturer's guarantee expiring does not by itself decide whether you still have a claim against the seller.
2. Ask for repair or replacement
Under § 439 BGB, you can generally choose between fixing the defect and receiving a defect-free item. The seller may refuse your chosen method if its cost is disproportionate; the value of the goods, seriousness of the fault and inconvenience of the alternative matter. The seller bears necessary remedy costs, including transport, labour and materials, and you must make the goods available for the remedy.
Send a clear description and photos or a short video where useful. State whether you want repair or replacement, and ask how collection or return will work. Keep the reply. Arranging your own repair before giving the seller a chance can complicate recovering its cost; get advice first if the seller will not help or urgent action is needed.
3. When can you ask for your money back?
Consumer sales have specific rules in § 475d BGB. A separately fixed deadline for repair or replacement is not required before withdrawal in certain circumstances: for example, a reasonable time has passed since you notified the seller without a remedy, a defect appears despite an attempted remedy, or the seller refuses a proper remedy. A sufficiently serious defect can justify immediate withdrawal. There is no universal rule that every consumer must accept two repairs first.
These circumstances do not remove every other requirement. In particular, an insignificant breach does not justify withdrawal under § 323(5) BGB. A price reduction can instead be available under § 441 BGB, including for a minor defect when the other conditions are met. The reduction relates to the difference in value; it is not an arbitrary discount.
Keep dates of your notification and every attempted remedy. A written request with a reasonable target date helps document the sequence even when a formal deadline is not legally necessary. Ask for a review before assuming you can keep the goods and reclaim the full price.
4. Who has to prove the fault?
For ordinary consumer goods, a defect that becomes apparent within one year after the risk passes to you, usually on delivery, is generally presumed to have existed at that point under § 477 BGB. The presumption can be rebutted and does not apply where incompatible with the nature of the goods or defect. It is not insurance against damage you cause.
After that first year, statutory rights do not simply disappear, but proving an original defect may be harder. Keep the purchase record, delivery date, initial product description and evidence of when the problem first appeared.
5. Which deadlines matter?
The ordinary starting point is a two-year limitation period from delivery under § 438 BGB. Used goods bought from a business do not automatically have only one year: a shortening to at least one year requires specific advance information and an express, separate agreement under § 476 BGB.
There are extensions and minimum remaining periods. For example, § 475e BGB provides at least four months from a defect first appearing within the limitation period, and at least two months after repaired or replacement goods are returned following the handover described in that provision.
For purchase contracts concluded from 31 July 2026, a repair performed as statutory subsequent performance also extends the original limitation period once by twelve months (§ 475e(5)). Earlier contracts follow the previous rules under Article 229 § 72 EGBGB. This is not a fresh twelve-month extension for every repair. Have the dates checked if time is short; these rules are not a reason to postpone reporting a fault.
6. Make your complaint easy to assess
- Identify the seller, item, order number, purchase date and delivery date.
- Describe the fault and when it first appeared; attach relevant evidence.
- State the remedy requested and record the seller's answers and repair history.
- Keep the sale description, terms and any separate guarantee.
If the seller disputes responsibility or the remedy has failed, request an English-speaking consumer lawyer to assess the next step. Matching depends on availability. For a change of mind or ending a subscription, see the separate contract cancellation guide. If a collector is demanding payment, see dealing with Inkasso.
Primary sources checked on 10 September 2026. The linked provisions are the German statutory text; the explanations here are general information.