The EU is significantly expanding the information requirements regarding warranty rights and guarantees in the retail sector. From autumn 2026, online and high-street retailers must use standardised model notices (‘harmonised notice’ and – under strict conditions – a guarantee label). We summarise what applies in this regard.
The new information requirements regarding warranties and guarantees will apply from 27 September 2026. The German Act implementing the ‘Empowering Consumers’ Directive was promulgated in February 2026; the form and content of the model forms are laid down in a binding manner by Implementing Regulation (EU) 2025/1960. This applies to all sales of goods to consumers, whether in an online shop, in-store, via catalogue or over the telephone. Purely B2B transactions are not covered.
Below, we summarise the key practical points. A detailed analysis of the requirements can be found in our article in CR.
The harmonised notice on the warranty
The harmonised notice must be used for every purchase of goods by consumers, including the sale of second-hand goods. It is not product-specific but provides general information on statutory warranty rights, and its content and layout must not be altered. Online, it must be displayed in colour; offline, a black-and-white version is sufficient, provided it is at least DIN A4 size.
The resulting requirements depend on the sales channel:
| Channel | Before the contract is concluded | After the contract has been concluded |
|---|---|---|
| Online shop | Colour-coded notice; in our view, a clearly labelled link, such as ‘Your rights in the event of defects’, or inclusion in the terms and conditions is sufficient | No later than upon delivery on a durable medium, e.g. as an attachment to the order confirmation or following the General Terms and Conditions; a download link is not sufficient |
| Marketplace | As in the online shop; implementation depends on the platform’s functions, but the obligation remains with the trader | As in the online shop |
| Branch | Notice displayed in at least A4 format, clearly visible, e.g. in the checkout area | No specific obligation |
| Catalogue, leaflet, telephone, teleshopping | If presentation in A4 format is not possible, the exemptions for limited space or limited time apply (Art. 246a § 3 EGBGB) | No later than upon delivery on a durable medium |
There are differing views on where this should be placed in an online shop. In some cases, inclusion on every product page is required. Anyone wishing to minimise the risk of a warning letter should take this into account.
The ‘GARAN’ guarantee label
The guarantee label is mandatory only in a few cases. All of the following conditions must be met:
- The manufacturer provides a durability guarantee, i.e. not merely a satisfaction, money-back or performance guarantee.
- The guarantee applies to the entire product and not just to individual parts such as the battery, motor or frame.
- The guarantee is free of charge and lasts for more than two years.
- The manufacturer has informed the retailer about the guarantee. The retailer is not obliged to carry out their own enquiries.
In this context, the term ‘manufacturer’ refers not only to the party that produces the goods, but also to the importer into the EU and anyone who affixes their name or brand to the goods. Retailers with own-brand products should therefore check whether they themselves are acting in the role of manufacturer.
If this obligation applies, the label must be displayed in a product-specific manner. In an online shop, it must appear in colour next to the product image, whereby a condensed version is sufficient, which opens in full when clicked or when the mouse hovers over it. In addition, it must appear in the shopping basket immediately before the order is placed. In-store, the label must be at least 9.5 × 10 cm in size and may be affixed to the shelf if it does not fit on the packaging. In our view, separate information on the terms of the guarantee must generally still be provided.
Support with implementation
Retailers who sell via multiple channels, in particular, face the challenge of determining where specific information must appear, in what form, and how to reliably match manufacturers’ warranty details to the correct products. We can help you implement the requirements for online shops, marketplaces, high-street shops and print channels in a legally compliant manner and without unnecessary effort. Please get in touch.