Repair instead of replacement: statutory warranty can run 12 months longer

If the seller repairs a defect instead of replacing the device, the period for your claims for defects can be extended once by twelve months – for purchase contracts concluded on or after 31 July 2026. Where this is r...

October 26, 2026Reading time: 6 minutesSTARPHONE Aachen

Reparatur statt Austausch: Gewährleistung kann 12 Monate länger laufen

If your newly bought phone has a defect and the seller repairs it instead of replacing it, the period for your claims for defects can be extended once by twelve months, as set out in the German Civil Code, section 475e paragraph 5 BGB. The rule applies to purchase contracts concluded on or after 31 July 2026. If you have questions about your case, the Verbraucherzentrale (consumer advice centre in Germany) can help.

What it is about

When you buy something, you usually have statutory claims for defects against the seller, known as the statutory warranty. The period for this is generally two years from delivery of the device.

If there is a defect, there are two routes: repair (called “remedying the defect” in the law) or delivery of a new device. For repair, the law provides for twelve additional months once, but not for replacement. Behind it is the aim of the European Directive (EU) 2024/1799 to use devices for longer and produce less electronic waste.

Where it is regulated

Section 438 BGB: limitation of claims for defects in a purchase, two years from delivery.
Section 475e paragraph 5 BGB: one-time extension by twelve months if the defect is remedied by repair.
Section 475 paragraph 4 BGB: information from the seller about your right to choose and the twelve-month extension.
Article 229 section 72 EGBGB: transitional provision; it sets out which version applies to purchase contracts concluded before 31 July 2026.

Who can help with questions

Whether there is a defect, whether the new rule applies to your purchase contract or what you can do if the seller refuses: the Verbraucherzentralen give advice on this. Have your proof of purchase and the repair documents ready. This article is not legal advice; it only shows where the rules can be found.

Statutory warranty, manufacturer's obligation, repair warranty: often confused

Three things are often mixed up here. They have different legal bases and different points of contact.

Statutory warranty: It exists towards the seller. This is what the twelve-month extension is about.
Manufacturer's repair obligation: With the right to repair, manufacturers of certain devices such as smartphones generally have to carry out repairs even after the statutory warranty, for the period set by the EU ecodesign requirements (for smartphones and tablets, Regulation (EU) 2023/1670) – at no charge or for a reasonable fee. This is a separate rule alongside the statutory warranty.
STARPHONE warranty: If you have your phone repaired by us, you get a 12-month warranty on the part and the work carried out. This is a separate commitment for our repair. It does not extend any periods with the seller.

When an independent repair shop is the right choice

If the period with the seller has expired or there is no defect, for example after a fall, the option is a repair at a workshop. STARPHONE has been repairing devices in Aachen, Blondelstraße 10, and by mail since 1998. Within Germany, shipping both ways is free and insured for repairs. You can see the price for your model in the repair configurator.

Frequently asked questions

Can a repair at STARPHONE extend my statutory warranty with the retailer?

According to section 475e BGB, the twelve-month extension generally concerns a repair by the seller, not a repair at an independent workshop. A repair at STARPHONE in Aachen or by mail is a separate service. It comes with a 12-month warranty on the part and the work carried out. This warranty covers our repair and does not extend any periods with the seller.

Does this apply to my phone that I bought before August 2026?

It depends on the date of the purchase contract. For purchase contracts concluded before 31 July 2026, the transitional provision in Article 229 section 72 EGBGB generally applies the old version of the Civil Code, which does not provide for the twelve-month extension. If in doubt, the Verbraucherzentrale can clarify whether your purchase falls under it.

How often can the period be extended?

The text of the law, section 475e paragraph 5 BGB, expressly says “once”: the twelve-month extension is provided for only one time. How this works out in your case with several repairs or a further defect is a legal question. The Verbraucherzentralen give advice on this. This article is not legal advice; it only shows where the rule can be found.

Do I have to choose repair?

No. If there is a defect, the law provides two routes: repair or delivery of a new device. In the text of the law, the twelve-month extension is only provided for repair, not for replacement. The seller usually informs you in advance about your right to choose and the extension, as set out in section 475 paragraph 4 BGB. If you have questions, the Verbraucherzentralen can help.

Where can I get help if the retailer refuses?

The Verbraucherzentralen (consumer advice centres in Germany) give advice if the seller refuses a repair or the extension. For the consultation, have your proof of purchase, purchase contract and repair documents ready, plus a short description of the defect, ideally with photos or a video. If the period with the seller has expired or there is no defect, for example after a fall, the option is a repair at a workshop.

Conclusion

Repair instead of replacement can pay off: if the seller repairs a defect, the period for claims for defects can be extended once by twelve months, for purchase contracts concluded on or after 31 July 2026. If you have questions about your case, the Verbraucherzentrale can help. For everything outside the statutory warranty, we repair your phone, and you get a 12-month warranty on the part and the work carried out – read the terms on our warranty page, browse all repairs or send your device in via send in a repair.