Note: This article is for information only and does not constitute legal advice. For a legally binding assessment, please consult a licensed attorney.
TL;DR
- § 479 BGB (German Civil Code) defines the mandatory content of every guarantee statement towards consumers - and requires it to be worded in a plain and comprehensible way.
- Core mandatory content: notice that the statutory guarantee rights remain unaffected, name and address of the guarantor, the procedure for claiming, the product covered and the terms of the guarantee (including duration and territorial scope).
- The statement must reach the consumer at the latest upon delivery on a durable medium (e.g. email or PDF).
- For manufacturer durability guarantees a special rule applies: during the guarantee period the guarantor owes at least repair or replacement.
- From 27 September 2026 the EU visibility layer is added: the GARAN label for qualifying durability guarantees and the harmonised guarantee notice under Regulation (EU) 2025/1960.
What does § 479 BGB govern?
§ 479 BGB ("special provisions for guarantees") defines what a guarantee statement towards consumers must look like. It applies whenever a guarantee within the meaning of § 443 BGB is given - typically the voluntary manufacturer or merchant guarantee that exists alongside the statutory legal guarantee.
Important context: § 479 BGB does not create an obligation to offer guarantees. Whether a guarantee is offered is voluntary. But as soon as one is offered or advertised, the formal requirements kick in - and violations are open to competition-law challenges.
The mandatory content in detail
The guarantee statement must be worded in a plain and comprehensible way and contain:
- Notice of the statutory rights: consumers must learn that their statutory guarantee rights apply free of charge in case of defects and that the guarantee does not restrict them. These are exactly the rights the harmonised EU notice will point to from 27 September 2026.
- Name and address of the guarantor: who gives the guarantee - manufacturer or merchant? With a serviceable address.
- Claim procedure: how does the consumer invoke the guarantee (contact channel, required proof, process)?
- The product covered: which product does the guarantee refer to?
- Terms of the guarantee: in particular the duration and the territorial scope, plus the substance of the guarantee benefit.
Form and timing: durable medium, at the latest upon delivery
The guarantee statement must be made available to the consumer at the latest at the time of delivery on a durable medium. In e-commerce that practically means: as a PDF attachment or content of the order/shipping confirmation email, as a document enclosed in the parcel - or both. A merely transient website page on its own does not qualify as a durable medium.
The durability-guarantee rule
If a manufacturer offers a durability guarantee (the promise that goods keep their functions for a certain period), § 479 BGB grants the consumer, for the entire guarantee period, at least a claim to repair or replacement against the guarantor.
This durability guarantee is also the use case of the EU GARAN label: from 27 September 2026 it marks, EU-wide and in a standardised way, products with a free manufacturer durability guarantee of more than two years - with the fields XX (years), brand and model. The difference to the legal guarantee of conformity is explained in GARAN label explained.
§ 479 BGB and the GARAN label: two layers, one topic
From 27 September 2026 both sets of rules work together:
| Layer | Governs | Legal source |
|---|---|---|
| Content of the guarantee statement | Mandatory information, comprehensibility, durable medium | § 479 BGB (national, already in force) |
| Visibility in the store | GARAN label for qualifying durability guarantees + harmonised guarantee notice | Regulation (EU) 2025/1960 (from 27 Sept 2026) |
For merchants this means: the GARAN label does not replace the guarantee statement - it makes the guarantee visible. The statement itself (with all mandatory content) must still be provided.
Common mistakes in online stores
- "3-year guarantee!" as an advertising claim without a guarantee statement. Whoever advertises a guarantee must deliver the full statement with all mandatory content - otherwise a warning letter looms.
- Missing notice of the statutory rights. The most common substantive mistake: the statement covers duration and scope but stays silent on the fact that the statutory legal guarantee exists free of charge alongside it.
- Guarantee restricting the legal guarantee. Wording like "the guarantee replaces the legal guarantee" or hidden exclusions is not permitted.
- Website-only instead of a durable medium. The statement must durably reach the consumer at the latest with delivery.
- Merchant guarantee presented as a manufacturer guarantee. Relevant at the latest with the GARAN label: it is reserved for the manufacturer's durability guarantee.
Implementation in Shopify
Two tasks, two tools: the guarantee statement belongs in your product communication and confirmation emails (have the legal texts reviewed by a lawyer). The visibility layer - the official guarantee notice plus the GARAN label with XX/brand/model per product - is handled automatically by the EU warranty label for Shopify in 24 EU official languages, with no theme edit. Whether a GARAN-qualifying guarantee exists is your decision based on the manufacturer's information; the app is a technical tool, not legal advice.
FAQ
Does § 479 BGB also apply to merchant guarantees? Yes - the mandatory content applies to every guarantee towards consumers, whether given by the manufacturer or the merchant. Only the GARAN label is reserved for the manufacturer's durability guarantee.
Do I have to offer a guarantee? No. Guarantees are voluntary. The statutory legal guarantee (at least two years) always applies regardless.
Is a link to the manufacturer's website enough? As the sole provision that is risky - required is a durable medium at the latest upon delivery. Email or an enclosed document is the safe route.
What changes on 27 September 2026 for § 479 BGB? The mandatory content continues to apply regardless. What is new is the EU-standardised visibility: the harmonised guarantee notice for everyone and the GARAN label for qualifying durability guarantees. The checklist: EU warranty label checklist.
Further reading:
- EU warranty label for Shopify
- GARAN label explained: the EU label for manufacturer guarantees
- EU warranty label: mandatory from 27 Sept 2026 (Regulation (EU) 2025/1960)
- EU warranty label checklist: 12 points
Primary legal sources: § 479 BGB · § 443 BGB · Directive (EU) 2019/771 · Regulation (EU) 2025/1960