Verbraucherrecht in Germany: The Complete Consumer Law Hub
Verbraucherrecht, consumer law, is the part of German law an ordinary resident meets most often and understands least well. A parcel arrives damaged, a washing machine fails in month fourteen, a shop refuses to take back a jacket, a law firm's letter demands several hundred euros over a film nobody remembers downloading. Each of those sits in a different statute with a different deadline, and the deadlines are what decide the outcome.
The single most useful thing to understand before anything else is that German law separates two rights people constantly merge. Gewährleistung is the seller's liability when the goods were defective. Widerruf is a right to change your mind, and it exists only for certain kinds of contract. A shop that says no returns is often correct about Widerruf and wrong about Gewährleistung at the same time.
This hub maps the area and routes to the dedicated pages. For the wider picture of German law, courts and other legal topics, see German law explained.
Information last verified on 20 July 2026. This page provides general legal information and does not constitute legal advice in an individual case.
Gewährleistung: when the goods are defective
This is the seller's statutory liability, and against a consumer it cannot be contracted away. § 434 BGB defines when goods are defective, and the definition was rewritten on 1 January 2022 so that a product must meet both what was agreed and what a buyer can objectively expect of goods of that kind.
§ 437 BGB then sets the remedies in a fixed order. Nacherfüllung, repair or replacement, comes first. Only once that has failed, been refused or become unreasonable do Rücktritt, Minderung and damages open up.
The period is two years from delivery for movable goods under § 438 Abs. 1 Nr. 3 BGB. Inside the first twelve months, § 477 BGB presumes that a defect which appears was already present at delivery, which is what makes the first year materially easier for a buyer than the second.
Read the full page: Gewährleistung and your rights when a purchase is defective.
Widerruf: the 14 day right of withdrawal
§ 355 BGB gives a 14 day right to withdraw from a distance or off-premises contract without giving any reason. The clock does not start at the order; for goods it generally starts when the goods arrive, and the details differ for services, part deliveries and digital content.
The rule that catches almost every new arrival is the one that is not there. A purchase in a physical German shop carries no statutory withdrawal right whatsoever. Where a shop takes something back over the counter, it is applying its own policy, and it may set its own conditions on it.
Where the trader failed to give the required withdrawal instructions under Art. 246a EGBGB, the period does not simply run out on schedule, and the statute sets the outer limit. The exceptions matter as much as the rule: § 312g Abs. 2 BGB carries the custom-made, perishable, hygiene-seal and sealed-media exceptions, while digital content and completed services lapse under § 356 BGB instead.
Read the full page: the 14 day right of withdrawal.
The Abmahnung: a law firm's letter over a download
An Abmahnung is not a court document and not a fine. It is a rights holder's demand, and it typically bundles two different money claims plus a pre-formulated Unterlassungserklärung whose consequences run far longer than the sum demanded.
§ 97a Abs. 3 UrhG caps the Gegenstandswert at 1.000 Euro for a first Abmahnung against a private individual in the defined circumstances, which limits what legal fee can be recovered. § 97a Abs. 2 UrhG sets out what the letter itself must contain to be valid, and § 97a Abs. 4 UrhG gives the recipient a counterclaim where the Abmahnung was unjustified.
Scam letters copying the format exist, so the page also sets out the neutral markers of a genuine one.
Read the full page: what a filesharing Abmahnung is and what signing commits you to.
Where consumer law hands over to another area
Several problems that feel like consumer disputes are governed elsewhere in German law, and looking in the wrong statute wastes the deadline that actually applies.
| The problem | Where it is actually governed |
|---|---|
| A collection agency demanding payment | Inkasso and enforcement law, see debt and insolvency |
| A Mahnbescheid arriving from a court | The Mahnverfahren in the ZPO, see debt and insolvency |
| Wages being garnished | § 850c ZPO, see debt and insolvency |
| A landlord's service charge statement | § 556 BGB, see tenancy law |
| A defect in a rented home | § 536 BGB Mietminderung, see tenancy law |
Free and public help
Germany has an established public consumer advice structure, and it is the ordinary first stop rather than a last resort. The Verbraucherzentrale in each Land gives consumer advice, and the federal Verbraucherzentrale Bundesverband coordinates the network. Advice is often free and otherwise charged at a modest fixed rate.
Alongside that, the VSBG sets up a system of recognised consumer arbitration bodies, which offer an out of court route in many sectors. Neither route requires a lawyer.
Frequently asked questions
Frequently Asked Questions
What is the difference between Gewaehrleistung and Garantie?
Gewaehrleistung is the seller's statutory liability for goods that were defective at delivery, set by 437 BGB and following, and it cannot be excluded against a consumer. Garantie under 443 BGB is a voluntary promise, usually from the manufacturer, on whatever terms that promise sets. A Garantie sits on top of the statutory rights and never replaces them.
Can I return something I bought in a German shop?
There is no statutory right of withdrawal for a purchase made in a physical shop in Germany. Many retailers allow returns as a matter of their own policy, and they can set their own conditions and time limits on that policy. The statutory Widerrufsrecht in 355 BGB applies to distance and off-premises contracts, not to over the counter purchases.
How long do I have if a product turns out to be defective?
Two years from delivery for movable goods under 438 Abs. 1 Nr. 3 BGB. Within the first twelve months, 477 BGB presumes a defect that appears was already present at delivery in a consumer purchase, which is why the first year is materially easier for the buyer than the second.
How long is the right of withdrawal on an online order?
14 days under 355 BGB, generally running from the day the goods arrive rather than the day of the order. No reason has to be given. Where the trader failed to give the required withdrawal instructions, the period does not simply expire on the ordinary schedule.
Do I have to pay the return postage when I withdraw?
That depends on what the trader told you before the contract. The statute allocates the direct return costs to the consumer only where the trader informed them of that, so the answer turns on the trader's own pre-contract information rather than on a fixed rule.
Is an Abmahnung a court order?
No. An Abmahnung is a demand letter from a rights holder or their law firm. It is not issued by a court and it is not a fine. It does carry real legal consequences, in particular through the pre-formulated Unterlassungserklaerung enclosed with it, which is a contract and not a court document either.
Where can I get consumer advice in Germany without paying a lawyer?
The Verbraucherzentrale in your Land is the established public consumer advice body, and the recognised arbitration bodies listed by the Bundesamt fuer Justiz under the VSBG offer an out of court route in many sectors. Neither requires a lawyer.
Does German consumer law apply if I bought from a seller in another EU country?
The core consumer rights described here derive from EU directives and exist in every member state, so a comparable right will apply, but the governing law and the practical enforcement route depend on the contract and on where the trader directs its business. That is a question about the individual contract rather than one this page can answer generally.
Sources and References
- § 434 BGB, Sachmangel(gesetze-im-internet.de).gov
- § 437 BGB, Rechte des Käufers bei Mängeln(gesetze-im-internet.de).gov
- § 438 BGB, Verjährung der Mängelansprüche(gesetze-im-internet.de).gov
- § 443 BGB, Garantie(gesetze-im-internet.de).gov
- § 477 BGB, Beweislastumkehr(gesetze-im-internet.de).gov
- § 355 BGB, Widerrufsrecht bei Verbraucherverträgen(gesetze-im-internet.de).gov
- § 356 BGB, Widerrufsrecht bei außerhalb von Geschäftsräumen geschlossenen Verträgen und Fernabsatzverträgen(gesetze-im-internet.de).gov
- § 312g BGB, Widerrufsrecht(gesetze-im-internet.de).gov
- Art. 246a § 1 EGBGB, Informationspflichten bei Fernabsatzverträgen(gesetze-im-internet.de).gov
- § 97a UrhG, Abmahnung(gesetze-im-internet.de).gov
- § 850c ZPO, Pfändungsgrenzen für Arbeitseinkommen(gesetze-im-internet.de).gov
- VSBG, Gesetz über die alternative Streitbeilegung in Verbrauchersachen(gesetze-im-internet.de).gov