Right to repair: what you now have to tell customers who complain

What has changed

The EU basis is Directive (EU) 2024/1799, which amended the Sale of Goods Directive (EU) 2019/771. Germany transposed it with an act published in the Federal Law Gazette 2026 I No. 212. For sellers, the first two points matter most. The section numbers below refer to the German Civil Code (BGB).

• Duty to inform (§ 475(4) BGB): before you fix the problem, tell the customer they may choose between repair and a new item, and that repair extends the legal guarantee once by twelve months.
• The twelve months (§ 475e(5) BGB): if the item is repaired, the original limitation period for claims about defects is extended once by twelve months.
• Replacement goods (§ 475(6) BGB): during a repair you may lend a replacement free of charge, including a refurbished one. You do not have to. When replacing, you may deliver a refurbished item only if the customer explicitly asks for it.
• The old rules stay: the customer chooses (§ 439(1) BGB), you pay for shipping, labour and materials (§ 439(2) BGB), and you must fix it within a reasonable time and without significant inconvenience to them.

When and how to inform

The law only says: before you fix it. The German explanatory memorandum is more specific. The customer should get the information before deciding. The right moment is usually when they first contact you about the defect.

No form is prescribed. The legislator expects sellers to update their complaints page and terms. Whether that alone is enough is uncertain, because the notice is meant to reach the customer before they choose. The safest way is a fixed paragraph in your first reply email, plus the same text on your complaints page.

If you already know that one of the two options is impossible or would cost disproportionately much, the memorandum says you may mention that right away. If the same customer comes back about the same item, you do not have to inform them again.

Working out the twelve months

In Germany, the legal guarantee for new goods runs for two years from delivery. If the item is repaired under the guarantee, twelve months are added once, directly after the normal period ends.

An example: delivered on 3 August 2026, defect in March 2027, customer chooses repair. The period no longer ends on 3 August 2028 but on 3 August 2029.

• Only once: a second repair does not extend it again.
• Only if the item is actually repaired. If the customer chooses repair and it does not happen, there is no extension.
• Only if the period was still running when the customer complained.
• During the extended time you are liable for any defect that already existed at delivery, not just the one you repaired.
• Also for used goods. According to the memorandum, a period you have validly shortened to one year stays possible.

Template for your reply email

Adjust the greeting and tone to your shop. Fill in the square brackets. Never leave out the paragraph about the choice and the twelve months.

Subject: Your complaint about order [number]

Hi [name], thanks for getting in touch. We are sorry that something is wrong with [product].

It is your choice: we repair [product], or you get a new item without the defect. Both are free for you, including shipping and return.

If you choose repair, your legal guarantee for this item is extended once by twelve months. It then runs until [date] instead of [date].

[Only if it applies: Unfortunately a repair is not possible for this item because … / Unfortunately a replacement is not possible because …]

Just let us know which you prefer. We will then send you [a return label / a pick-up date].

Best wishes, [name, shop]

If you import devices yourself

The directive also creates a repair duty for manufacturers, outside the legal guarantee (in Germany §§ 479a to 479g BGB). It covers product groups for which EU law requires reparability, currently including washing machines and dryers, dishwashers, fridges, vacuum cleaners, displays, smartphones and tablets, and light electric vehicles.

If the manufacturer is based outside the EU, the duty passes to its authorised representative in the EU, otherwise to the importer, and if there is none, to the distributor. If you sell such devices straight from China or the US, sort this out before the first customer asks for a repair.

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