Caution, customer: How to complain about defective goods effectively
If a new device is defective, customers can revoke purchase or complain about the device. Deadlines, burden of proof, and the right contact person are crucial.
If a newly purchased device does not work or fails prematurely, statutory consumer rights apply. In many cases, customers can demand repair, replacement, or their money back. They must distinguish between revocation, warranty, and guarantee.
Empfohlener redaktioneller Inhalt
Mit Ihrer Zustimmung wird hier ein externer Podcast (Podigee GmbH) geladen.
Ich bin damit einverstanden, dass mir externe Inhalte angezeigt werden. Damit können personenbezogene Daten an Drittplattformen (Podigee GmbH) übermittelt werden. Mehr dazu in unserer Datenschutzerklärung.
Anyone who concludes a contract online or outside of business premises, for example at the door, can revoke the contract within 14 days and thus cancel it (§ 355 BGB). The period starts from the conclusion of the contract, not from delivery. The right of revocation is intended to enable customers to reconsider their purchase decision in peace. The return of goods is possible during this time without giving reasons, but revocation is not primarily intended for defective products.
Guarantee vs. Warranty
If a device is defective shortly after purchase or deviates from the agreed or usual condition, the dealer's statutory warranty obligation applies instead. It begins from the date of purchase and is valid for two years. Important here: The contact person for customers is always the seller, not the manufacturer of the product.
If you contact the manufacturer instead, you may be able to claim the guarantee. However, this is a voluntary contractual promise, the conditions of which are determined by the guarantor themselves, and often contains exclusion clauses, for example for certain types of damage such as wear and tear. Lawyer Niklas Mühleis therefore advises in the c’t podcast to always register a complaint under the warranty as long as claims still exist.
In the case of a warranty claim, customers can demand subsequent performance and generally have the choice between a repair (rectification) and the delivery of a defect-free product (replacement). The dealer can only restrict this choice if one of the two options involves disproportionately high costs or is technically nonsensical. If the repair fails after two attempts for the same defect, the customer can withdraw from the purchase contract and demand their money back. The costs for shipping must be borne by the seller in the case of a warranty claim, as consumers do not have to pay for being delivered defective goods.
Even notices such as "excluded from exchange" do not negate the statutory warranty; they only relate to voluntary returns if the item is not liked. In the case of defective goods, warranty claims remain valid, and consumers can still demand subsequent performance, i.e., either a repair or a replacement delivery.
Only when purchasing from private individuals, for example via classified ad portals, can the seller exclude the warranty by contract, but must then do so explicitly.
Burden of Proof Reversal in the First Year
The legal situation is particularly comfortable in the first year after purchase, because then the so-called burden of proof reversal according to § 477 BGB applies: It is presumed in favor of consumers that the defect was already present at the time of purchase. The dealer would therefore have to prove that a defect is due to, for example, drop damage or incorrect operation. Only after this year has passed do customers have to prove in the event of a dispute that the defect was already present at the time of purchase.
For devices with digital elements such as smartphones or smart home devices with firmware, this burden of proof reversal even applies for two years. If, for example, an error occurs immediately after a software update, the legislator presumes that the defect existed from the beginning. After these periods have expired, consumers must prove a defect themselves, which makes enforcing claims significantly more difficult. Therefore, customers should report any defects as quickly as possible and not wait to see if the error disappears on its own.
Videos by heise
Systematically Register Rights
If you notice a defect, you should proceed systematically and first contact the dealer, not the manufacturer. In your written complaint, state the exact product name, the date of purchase, and the nature of the defect, and refer to the statutory warranty according to § 477 BGB, including the desired subsequent performance (repair or exchange).
Set a reasonable deadline for subsequent performance in your letter. The dealer should contact you within one to two weeks, at least to confirm the complaint. Clarify the return costs for the defective goods; many dealers send a return label, otherwise the provider must reimburse you for the costs afterwards. Dealers have the right to check whether and how the goods are defective, so you must send them in if requested. However, do not send a device without the dealer's consent or knowledge, as they could refuse to accept it and the device could disappear in shipping limbo.
We discuss important consumer rights for complaints and how to effectively enforce them in detail in the current episode of the c’t consumer protection podcast „Vorsicht, Kunde!“.
You can read the c’t article about the dispute case discussed in the podcast here
The c’t magazine is available at kiosks, in the browser, and in the c’t app for iOS and Android. You can also find our c’t articles in the digital subscription heise+. If you are not yet familiar with this offer, you can now get a taste of it at a low price and thus support us. At heiseplus.de/podcast you get three months of heise+ at a special price. Would you like to listen to more heise podcasts? You can find them on the Podcast page.
You can reach c’t online and on many social media channels
► c’t Magazine
► c’t on WhatsApp
► c’t on Mastodon
► c’t on Instagram
► c’t on Facebook
► c’t on Bluesky
(uk)
