A defect in an online order is annoying, but usually fixable. If you know which rights you have as a consumer, who is responsible and in which order to proceed, you lose less time and money. This guide explains the statutory defect rights for online purchases, the most important deadlines and a sequence that lets you start a complaint properly.
Short answer: With a defect in an online order, your rights are primarily directed against the seller. Within one year after delivery, the defect is presumed to have existed at delivery (section 477 BGB). First you can request subsequent performance, meaning repair or replacement. Sections 475, 475d and 475e BGB were retrieved from gesetze-im-internet.de on 2 November 2026. Start a complaint in writing and document everything.
The most important points at a glance
- Statutory defect rights in online purchases are directed first against the seller, not automatically against the manufacturer.
- Within one year after delivery, a defect is presumed to have existed at delivery (section 477 BGB).
- The first step is subsequent performance, meaning repair or replacement (section 439 BGB).
- For consumers, the limitation period for new goods can only be shortened to less than two years within limits (section 476 BGB).
- A written notice of defect with an exact description gives everyone involved clarity.
What counts as a defect?
A defect exists when the goods delivered do not have the agreed quality. This can be a fault that already existed at delivery, a wrong delivery or a missing part. Not every trace of use is a defect, and a gap between your expectations and what was agreed does not automatically create a claim. What matters is what was described in the offer and the order.
With online purchases, the product description therefore matters especially. Photos, technical data and information on size or material are part of the agreed quality. Keep screenshots of the offer page before it is changed or removed.
Which rights do you have as a consumer?
The law treats a purchase by a consumer from a trader as a consumer goods sale. Special rules apply that are meant to protect the buyer (sections 474 et seq. BGB). The table below shows the most important rights in connection with a defect.
| Right | What it means | Basis |
|---|---|---|
| Subsequent performance | Repair or replacement: you have the choice, and the trader must inform you of it beforehand | Sections 437 and 439 BGB, section 475 para. 4 BGB |
| Withdrawal | Setting a deadline for subsequent performance is unnecessary, among other cases, if the trader does not perform within a reasonable time after notice of the defect, if the defect appears despite an attempt at subsequent performance, or if the defect is so serious that immediate withdrawal is justified | Section 475d para. 1 BGB |
| Damages | In the same cases setting a deadline under section 281 para. 1 BGB is also unnecessary, further requirements depend on the individual case | Section 475d para. 2 BGB |
| Return shipping costs | On withdrawal or damages, the trader bears the cost of return shipping | Section 475 para. 7 BGB |
Subsequent performance comes first. You can therefore initially demand that the defect be remedied or that the goods be replaced. Further rights such as withdrawal or damages only come into consideration afterwards. Which option fits depends on the defect and on how the seller reacts.
How does a complaint work step by step?
A good complaint starts with documentation. Photograph the defect, the packaging and the delivery date before you change or dispose of anything. Then report the defect in writing, describe it precisely and state which solution you require. A deadline for the reply helps structure the process.
- Document the defect with photos, delivery date, invoice and order number.
- Report the defect to the seller in writing and describe it as precisely as possible.
- Request a concrete solution, meaning repair or replacement, and set a reasonable deadline.
- Send the goods back only after agreement or on the seller instructions.
- Keep all replies, dates and costs in writing so that you can prove the course of events at any time.
When does the reversal of the burden of proof apply?
Particularly with defects that appear only after some time, the question arises who has to prove that the defect already existed at handover. Under section 477 para. 1 BGB, a defect that appears within one year after the transfer of risk is presumed to have existed at that point. This presumption helps you, because the seller then has to prove the opposite. The relevant moment is the point at which the goods were handed over to you.
| Period | Meaning | Basis |
|---|---|---|
| Within one year after handover | A defect is presumed to have existed already at handover | Section 477 para. 1 BGB |
| At least two years for new goods | Statutory limitation may only be shortened to a limited extent for consumers | Section 476 para. 2 BGB |
| After subsequent performance | The original limitation period is extended once by twelve months | Section 475e para. 5 BGB |
These periods do not guarantee that every complaint succeeds. They do show, however, that acting early pays off: report the defect promptly and document it.
Common mistakes in complaints
Many complaints fail not because of the law but because of the process. A frequent mistake is reporting the defect by phone and never following up in writing. Later it is hard to prove when the defect was reported and which solution was requested. A second mistake is returning the goods without agreement before it is clear who bears the costs.
Incomplete information also hurts. A message that merely says the goods do not work gives the seller little to act on. Instead describe what you observed, since when the defect exists and which solution you expect. This precision speeds up handling and strengthens your position in a dispute.
Frequently asked questions
Do I have to send the goods back before I complain?
No. The notice of defect comes first. Whether and how the goods are returned is settled with the seller. Have the return confirmed in advance and ask for the address so nothing gets lost.
Who pays for return shipping?
On withdrawal or damages, the trader bears the return shipping costs (section 475 para. 7 BGB). For subsequent performance you can demand an advance from the trader for the expenses, to the extent the trader must bear them (section 475 para. 5 BGB). Still record in writing who pays before you send the goods.
Is the manufacturer responsible for the defect?
For the statutory defect rights, the seller is primarily responsible. A manufacturer guarantee is separate and follows the manufacturer terms. The documents enclosed with the product show which applies.
What if the seller does not respond?
Set a reasonable deadline and document every message. How you proceed afterwards depends on the individual case. Consumer advice centres offer support before you take further steps.
What to do now
- Check the order and product description and secure all details as evidence.
- Document the defect with photos and note the delivery date.
- Report the defect in writing and request a concrete solution with a deadline.
- Clarify returns and costs before you send anything back.
- Keep track of the process and seek advice if the seller does not react.
Related guides
- Right of withdrawal for online purchases: deadlines you must observe
- Recognising fake online shops
- Debt collection letter: what to check before you pay
- Consumer rights in everyday life: protection against fraud and unfair contracts
Sources: Section 475 BGB, section 475d BGB, section 475e BGB (gesetze-im-internet.de, in German, retrieved 2 November 2026); sections 476 and 477 BGB as shown on buzer.de (statute tracker, status 2026, not the official text)
Last updated: November 2026. This guide is general information, not individual advice.
