What is the legal warranty period for contracts?
July 8, 2023 | 40,00 EUR | answered by Mia Schulz
Dear lawyer,
two years ago, I bought a new mobile phone and now it is not working properly. Since I did not purchase any additional warranty, I would like to know how long the statutory warranty period for contracts lasts. I have read that there is a two-year deadline, but I am unsure if this also applies to my phone.
My phone has been experiencing issues with the touchscreen and battery for some time now. Despite several attempts to fix the problem myself, the device is not functioning as desired. As I use the phone daily for work, I am very concerned about the potential costs of a repair or replacement device.
Could you please confirm if the statutory warranty period is indeed two years and if my phone is still within this timeframe? If so, what steps should I take to assert my warranty rights and who will bear the costs for a possible repair or replacement of the device?
Thank you in advance for your support and advice.
Best regards,
Uwe Schlosser
Dear Mr. Schlosser,
Thank you for your inquiry regarding the statutory warranty period in contracts and your defective mobile phone. I would like to assist you in this situation and provide you with all relevant information regarding warranties.
The statutory warranty period is indeed two years. This means that a seller is liable for defects that were present at the time of purchase. Since you purchased your phone two years ago and are now experiencing issues with the touchscreen and battery, your device is still within the warranty period.
To assert your right to warranty, you should first contact the seller from whom you purchased the phone. Inform them about the defects and request a repair or replacement of the device. The seller is obligated to rectify the defects at no extra cost to you.
If the seller refuses to address the defects or demands additional costs, you have the right to withdraw from the purchase contract and request a refund of the purchase price. In this case, I recommend seeking legal assistance to enforce your claims.
It is important to inform the seller of the defects in writing and keep all relevant documents such as the purchase contract and any invoices. This way, you will have all necessary documentation on hand in case of a legal dispute.
I hope this information is helpful to you and that you can successfully assert your right to warranty. If you have any further questions, please do not hesitate to contact me.
Sincerely,
Mia Schulz
Attorney at Law
