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To help you handle customer complaints correctly, here’s the difference between legal warranty and voluntary guarantee when dealing with shoes.
1. Warranty – Legal Obligation (2 Years, § 438 BGB)
As a retailer, we are legally responsible for defects that were already present at the time of purchase. The legal warranty lasts 2 years, but that doesn’t mean we have to accept every return.
Key Points:
✅ First 12 months (§ 477 BGB): The law assumes the defect was already there at the time of purchase. We must prove that the issue was caused by the customer.
✅ After 12 months: The customer must prove that the defect existed at the time of purchase – which is often difficult.
✅ If the defect qualifies for warranty, the customer has the right to repair or replacement (§ 439 BGB). If that’s not possible, we must offer a refund or price reduction (§ 437 BGB).
2. What Is Covered Under Warranty?
✔ Material or manufacturing defects:
The sole comes off after a short time.
A seam opens without external impact.
The glue fails, and the shoe falls apart.
❌ What Is NOT Covered?
Normal wear and tear (e.g., worn-out soles after months of use).
Improper use (e.g., sneakers used for hiking, leather shoes worn in heavy rain).
Self-inflicted damage (e.g., holes from misuse).
3. Guarantee – Voluntary Additional Service (§ 443 BGB)
A guarantee is not a legal requirement, but a voluntary service offered by the manufacturer or by us. If a guarantee exists, we must honour it.
Examples of possible guarantees:
The manufacturer offers a 1-year sole guarantee.
We provide a 100-day satisfaction guarantee, allowing customers to exchange shoes even if they are not defective.
Important: Guarantee conditions vary – always check what is covered!
4. Example of a Customer Complaint:
A customer returns a pair of sneakers after 8 months, saying the sole is coming off. What should you do?
👉 Case A – Warranty Applies:
The sole is coming off without excessive wear.
The customer has used the shoes normally.
✅ Solution: Offer a replacement or refund (since it is a material defect).
👉 Case B – Warranty Does NOT Apply:
The customer has worn the shoes daily, and the sole is worn out due to normal use.
There is no manufacturer’s guarantee on the sole.
❌ Solution: Reject the complaint but consider offering a goodwill discount.
5. How We Handle Customer Complaints
Always stay friendly, even if the complaint is invalid.
Calmly explain why a complaint is rejected.
If we offer a goodwill solution (e.g., a discount on a new pair), make sure the customer understands that it is a voluntary gesture.
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