Under German law, claims for defects in consumer sales become time-barred two years after delivery (Section 438(1) no. 3 and (2) BGB). If a defect is remedied by repair, this original period is extended once by twelve months (Section 475e(5) BGB), for sales contracts concluded on or after 31 July 2026. Before the remedy, the seller tells the consumer about the choice between repair and replacement and about this extension (Section 475(4) BGB).
How the calculator works
| Step | Rule | Provision |
|---|---|---|
| Basic period | Two years from delivery, ending on the day with the same date, or on the last day of the month if that day does not exist. | Sections 438(1) no. 3 and (2), 187, 188 BGB |
| Used goods | Shorter if agreed, but not under one year. Valid only if the consumer was specifically told before ordering and the shorter period was expressly and separately agreed. | Section 476(2) BGB |
| Repair | The original period is extended once by twelve months, counted from its end. Only for contracts concluded on or after 31 July 2026. | Sections 475e(5), 190 BGB; Art. 229 § 72 EGBGB |
| Defect appears | If a defect appears within the period, claims do not expire before four months after it first appeared. | Section 475e(3) BGB |
| Goods handed back | If the consumer handed the goods to you or a third party you appointed for the remedy, claims for that defect do not expire before two months after they were handed back. | Section 475e(4) BGB |
Extension and postponed expiry
By its wording, the twelve months are added to the original limitation period, not to the dates under subsections (3) and (4), which only set the earliest possible expiry. The calculator shows each date with its provision and, for the reported defect, the latest one. It is open whether the extension covers only the repaired defect or also later defects of the same item; Section 475e(5) refers generally to claims “relating to a defect”.
What the calculator does not cover
It applies German law to movable goods sold to consumers. It leaves out fraudulently concealed defects (Section 438(3) BGB), digital elements (Section 475e(1) and (2)) and suspension or restart of the limitation period, for example during negotiations (Section 203) or after an acknowledgement (Section 212). Commercial guarantees follow their own terms.
The customer service reply
The reply contains the two points required by Section 475(4) BGB with the calculated dates, in German, English or French. Add the product and your name and send it before the remedy. It belongs to this calculator, not to the Shopify app: the app shows pre-purchase information under Directive (EU) 2024/825, while this page concerns the legal guarantee under Directive (EU) 2024/1799.
Frequently asked questions
Does the extension also apply to replacement?
Section 475e(5) BGB names repair only. If the consumer had handed the goods to you, claims for the reported defect still do not expire before two months after the replacement was handed over (Section 475e(4) BGB).
What applies to contracts concluded before 31 July 2026?
The BGB as in force until 30 July 2026 (Art. 229 § 72 EGBGB). The extension under Section 475e(5) and the information duty under Section 475(4) do not apply; Section 475e(3) and (4) were already part of that version.
Does the calculator work for customers in other EU countries?
It applies German law only. Which law governs a sale depends on the case, for example on the country your store is directed at (Article 6 of the Rome I Regulation). The twelve months go back to Article 10(2a) of Directive (EU) 2019/771, inserted by Directive (EU) 2024/1799, which each member state transposes into its own law.
Sources
Laws and regulations in their current version, linked to the source.
- Section 438 BGB (limitation of claims for defects)Bundesministerium der Justiz · Law · 13 Oct 2026
- Sections 475 and 475e BGB (consumer sales, limitation)Bundesministerium der Justiz · Law · 23 Jul 2026
- Section 476 BGB (derogating agreements, used goods)Bundesministerium der Justiz · Law · 13 Oct 2026
- Sections 187, 188, 190 BGB (start, end and extension of periods)Bundesministerium der Justiz · Law · 13 Oct 2026
- German act transposing Directive (EU) 2024/1799, Federal Law Gazette 2026 I No. 212Bundesgesetzblatt · Law · 22 Jul 2026
- Directive (EU) 2024/1799 (promoting the repair of goods)EUR-Lex · EU directive · 13 Jun 2024
- Directive (EU) 2019/771 (sale of goods)EUR-Lex · EU directive · 20 May 2019