Should sellers disclose manufacturer’s warranty? Court of Justice weighs in
When you buy something, you might get a manufacturer’s warranty on your purchase. Is the seller obliged to give you information about this type of warranty when you make your purchase, and exactly what information should they give you? The Court of Justice has the answers!
Lifetime manufacturer's warranty
German bicycle shop Absoluts -bikes and more- GmbH & Co. KG sells pocket knives made by Swiss manufacturer Victorinox through Amazon. Consumers who purchase a pocket knife get a lifetime manufacturer's warranty covering broken parts and manufacturing defects.
The manufacturer's warranty is a benefit to the consumer, but the German seller's ad said nothing about this warranty. However, the seller did share a link to a manufacturer's manual under a heading "Other Technical Information”. This manual contained more information about the pocket knife and about Victorinox’s manufacturer's warranty.
Another seller started a lawsuit, claiming that Absoluts had not been clear enough about the lifetime manufacturer's warranty. The national court referred the case to the Court of Justice of the European Union.
Court's ruling
The Court ruled that a seller is obliged to provide information about the manufacturer's warranty if the information is very important to the purchase decision. For example, if the manufacturer's warranty:
- is an important part of the offer
- is used to entice consumers to make a purchase
Further, the Court added sellers are required to share all information about the warranty terms, such as the duration and scope of the warranty, as well as information about the factory that provides the warranty. Consumers can then factor this information into their decision to buy a product or not.
Learn more
You can read the full ruling in case C-179/21 Victorinox on the Infocuria website (Case Law of the Court of Justice).