Consumer Protection in Austria: Guarantees, Repairs and Online Shopping

If you buy a faulty product in Austria, several legal protections may apply, but they are not the same. Gewährleistung is statutory liability owed by the seller, while Garantie is a voluntary promise, usually made by the manufacturer. Since 1 October 2026, the right to repair has also introduced new rules for certain products.

What is the difference between Gewährleistung and Garantie?

Gewährleistung is a legal right that applies when a product does not conform to the contract. You assert this right against your contractual partner: the seller.

Garantie, by contrast, is a voluntarily accepted contractual obligation, usually provided by the manufacturer. It exists alongside statutory liability and supplements it. You can choose whether to assert a Gewährleistung claim against the seller or a Garantie claim against the manufacturer.

One important difference is that, under a guarantee, it does not matter whether the defect already existed when the product was handed over or appeared later.

What must a guarantee include?

The guarantee provider can largely determine the terms. A guarantee may be free or paid and often applies only to certain components, such as parts but not other repair costs. It commonly lasts between one and five years.

For consumer transactions, the Garantieerklärung must:

• clearly refer to the seller’s statutory Gewährleistung and state that the guarantee does not restrict it;
• clearly name the guarantor and provide their address, identify the product and terms, and explain how to make a claim;
• be provided on a durable medium no later than when the product is handed over. A text published only on a website is not sufficient.

If advertising promises more favourable guarantee terms than the guarantee statement, the more favourable advertising text applies. If the provider breaches these requirements, the guarantee remains valid.

The right to repair from October 2026

The rules on the Recht auf Reparatur have applied since 1 October 2026. For certain product groups, the manufacturer must repair a product on request if the defect occurs after the seller’s Gewährleistung obligation has ended, unless repair is impossible.

The products currently covered include, among others:

• washing machines, washer-dryers, tumble dryers and dishwashers;
• refrigerators and electronic displays, such as televisions and monitors;
• mobile phones, cordless phones and tablets;
• vacuum cleaners, individual room heaters and welding equipment;
• batteries for light vehicles, such as e-bike batteries.

The repair must be completed within a reasonable period and free of charge or for a reasonable fee. A manufacturer may not reject the repair solely because another workshop previously worked on the device. Depending on the product group, spare parts must be available for seven to ten years after the last example was placed on the market. For a manufacturer outside the EU, responsibility lies with the authorised representative, importer or distributor.

European repair information form

Before an order is placed, repair workshops may voluntarily and free of charge provide a standardised Europäisches Formular für Reparaturinformationen. It can include the repair price, the expected duration and the cost of a replacement device. The terms may not change for 30 days, allowing you to compare several offers. A fee may be charged only if a diagnosis is required, and you must be informed about this in advance.

How does a repair affect the Gewährleistung period?

• If a Gewährleistung defect is fixed by repair, the period is extended once by one year.
• Regardless of when the repair takes place, the total Gewährleistung period becomes three years.
• A promise to repair or an attempted repair restarts the two-year period.

Before remedying the defect, the seller must inform you that you can choose between repair and replacement and that the Gewährleistung period increases if you choose repair. At your explicit request, the seller may also provide a refurbished product as a replacement.

These rules apply to contracts concluded after 30 September 2026.

Online shopping: cancellation and applicable law

When you buy a product online from a business seller, you can return it within 14 days. There is no right of withdrawal for products bought from or bid on through a private individual. In a private sale, Gewährleistung can also be excluded, for example with the wording “Verkauf ohne Gewährleistung”. However, the seller must still point out recognisable defects.

If you are resident in Austria and buy from an EU webshop, the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG) applies where it provides more favourable protection for you. The geoblocking regulation prevents a webshop from excluding you because of your origin, but the webshop may freely choose its delivery area.

How to identify a trustworthy webshop

• Check for a complete legal notice with the company name, address, telephone number and company register number. Avoid shops that provide only an email address.
• Look for transparent terms and conditions (AGB) and separate information about all additional costs.
• Make sure you receive an order confirmation by email and that the delivery time is stated precisely.
• Use a secure payment method. Avoid advance bank transfers and use an escrow (Treuhand) system for auctions.

The Austrian e-commerce quality mark, E-Commerce-Gütezeichen, identifies trustworthy shops. Be cautious with unusually cheap offers, as counterfeit products or goods that are never delivered are common risks.

Where can you get help?

For online-shopping problems, the Internet Ombudsstelle provides free assistance and dispute resolution. Further information is available from the Chamber of Labour (Arbeiterkammer, AK) and the consumer information association (Verein für Konsumenteninformation, VKI). Gewährleistung and repair claims can be enforced before the civil courts.

Frequently asked questions

Can the seller require me to contact the manufacturer for a guarantee claim?

No. You can choose whether to assert Gewährleistung against the seller or Garantie against the manufacturer.

How long is a repair offer valid?

The terms stated in the European repair information form cannot be changed for 30 days.

Do I have a right of withdrawal when buying online from a private individual?

No. The 14-day right of withdrawal applies when the seller is a business.

Which contracts benefit from the extended Gewährleistung period?

The rules apply to contracts concluded after 30 September 2026.

Practical steps if a product is faulty

1. Keep the receipt, order confirmation, guarantee statement and correspondence with the seller.
2. Identify whether you want to assert Gewährleistung against the seller or Garantie against the manufacturer.
3. Describe the defect in writing and clearly request repair or replacement.
4. For a covered product outside the seller’s Gewährleistung period, contact the manufacturer or the responsible authorised representative, importer or distributor about the Recht auf Reparatur.
5. For online purchases from a business seller, exercise your 14-day right of withdrawal in writing if appropriate.
6. If the matter is not resolved, contact the Internet Ombudsstelle, Arbeiterkammer or VKI. Consider the civil courts for unresolved Gewährleistung or repair claims.

Note: This article is based on information available online and does not constitute legal advice. Use it at your own risk. For professional advice, contact a lawyer or another relevant specialist.

Source: oesterreich.gv.at