Warranty or Statutory Warranty? What Actually Applies to Refurbished Devices
4 min read
Two words, one long-running mix-up. Product pages treat refurbished warranty and statutory warranty as the same thing, and under German law they honestly could not be further apart. One is a promise somebody chose to make. The other is a right you already have, and no seller gets to quietly take it off the table. Sounds like lawyer stuff? It is. But the difference decides who you email when your refurbished phone dies four months in.
The statutory warranty is a right, not an offer
Your seller owes it. Always the seller, not the brand on the box. If the item was already defective when you received it, § 437 BGB gives you the option to demand repair or replacement, reduce the price, withdraw from the contract, or in some cases claim damages. Those are your rights when something's defective, and they apply regardless of any warranty.
For movable goods the limitation period runs two years from handover (§ 438 (1) no. 3 BGB). Nothing to sign up for. Nothing to pay.
A warranty is voluntary, so it differs everywhere
A Garantie is an extra promise, defined in § 443 BGB. Whoever gives it decides what it covers, how long it lasts, and what it quietly excludes. Which is why "24 months warranty" at two sellers can probably mean two fairly different things: one covers only the battery, the other the whole device including the screen.
It sits on top. It does not replace your statutory rights. For how long each retailer's warranty actually runs and what falls under it, see our separate guide on refurbished warranty length.
Where used goods work differently
Refurbished smartphones, laptops, and other used electronics normally count as used goods in legal terms, and used goods come with a carve-out. Under § 476 (2) BGB the statutory period can be shortened to one year. Not casually, though. The buyer has to be specifically informed and has to agree expressly and separately. A clause buried in the terms and conditions does not do it.
Whether that stays put is another question. The EU adopted Directive (EU) 2024/1799 on repair, which member states still have to write into national law. What it means in practice for used-goods periods is not in the German statute yet, so I would not plan around it. We cover what's changing for buyers more broadly in our EU Right to Repair guide.
So, practically: a fault means you contact the seller first, not the manufacturer. And before buying, it is worth checking whether a retailer shortens the statutory warranty period at all, and what its warranty genuinely adds. That matters about as much as the price does.
Frequently Asked Questions
Who is liable for a refurbished device, the retailer or the manufacturer?
The seller carries the statutory warranty, meaning the shop you bought from. A voluntary warranty can come from either the manufacturer or the retailer. So when something breaks, the seller is your first stop.
How long does the statutory warranty last on refurbished devices?
Two years from handover as a rule, under § 438 (1) no. 3 BGB. For used goods the seller may shorten it to one year, but only if you are specifically informed and agree expressly and separately, per § 476 (2) BGB.
Can a retailer exclude the statutory warranty in its terms?
Not towards consumers. A blanket exclusion is void, and even the permitted one-year reduction needs its own notice plus your express, separate agreement under § 476 (2) BGB. A line hidden in the standard terms is not enough.
What if the fault only shows up after six months?
When you buy from a business, § 477 BGB presumes for the first twelve months after handover that a fault appearing in that window was already present at handover. Within those twelve months, the statutory warranty works in your favor automatically. After that, the burden of proof shifts to you.
