Anyone advertising with a guarantee must provide complete guarantee terms. Statutory warranty rights may not be presented as a special benefit.
Legal framework
- §§ 443, 479 BGB: guarantee statement simple and comprehensible, with reference to statutory rights, guarantor, procedure, duration and scope
- Annex No. 10 UWG: statutory rights as a special feature are prohibited
Case law
- BGH, 10 Nov 2022, I ZR 241/19 – online sellers must inform about manufacturer guarantees if these are a central feature of the offer
- CJEU, 28 Sept 2023, C-133/22 – a “satisfaction guarantee” is a commercial guarantee
Case examples
“5-year guarantee” without terms
A tool shop advertises a five-year guarantee but provides no terms. Information duties breached.
“2 years warranty included”
A retailer presents the statutory two-year warranty as a bonus. Advertising a matter of course.
