Is there a difference between the terms “warranty” and “guarantee”?

The terms "warranty" and "guarantee" are practically synonymous in the context of the purchase of consumer goods. Article 210, paragraph 1 of the Swiss Code of Obligations refers to "warranty," which means that the seller is responsible for a defect-free product for two years. "Guarantee" is used in legal language in connection with various obligations, including, among others, the warranty in sales law. Within the framework of a contractual guarantee, however, a seller can expand or restrict the statutory requirements. For example, they can guarantee the existence of specific features or simply repair a defective device instead of replacing it.

Retailers claim that the statutory warranty doesn't cover all defects. Is that true?

No. Certain general terms and conditions state that the statutory warranty only covers defects already present at the time of purchase. Defects that appear later are only covered by a voluntary warranty or warranty insurance. This is incorrect. According to the Federal Supreme Court, the statutory warranty applies to all defects that occur during the two-year period, provided they are not due to careless handling by the buyer.

Does the new warranty period also apply to accessories and wear parts?

A customer is entitled to a defect-free product. This also applies to accessories and wear parts if they are defective. Wear and tear, however, is not covered by the warranty.

Can the warranty period be shortened or excluded?

By law, the warranty period must be at least two years, and one year for used goods. These periods may not be shortened, even by citing a shorter manufacturer's warranty. However, it will still be possible to exclude the warranty entirely. In this case, however, the seller is obligated to inform the customer before purchase.

What if the receipt still says “1 year warranty”?

By law, the new two-year warranty period applies to all products sold since January 1, 2013. The warranty period printed on the receipt is not binding.

If a replacement is made during the warranty period, is there another two-year warranty?

Yes. If a defective device is replaced, the seller acknowledges the defect. This interrupts the limitation period and begins to run anew. The same applies if the device has been repaired.

“Guarantee” – what does that mean?

A seller must deliver a flawless item. The item must possess all the promised characteristics and be free of defects. The seller must guarantee the quality of their product for a certain period of time, i.e., provide a warranty. The law refers to this as a "warranty," but colloquially, it is often referred to as a "guarantee."

When is a product defective?

If a purchased item is not suitable for its intended use, it is considered a defect. For example, if seams on a piece of clothing come undone or a watch proves to be non-waterproof despite the warranty. Damage caused by improper handling is not considered a defect.

If a product is defective, the buyer must report the defect immediately. Failure to do so constitutes acceptance of the defect and waives any warranty claims.

Will there be a new device or a refund?

By law, a customer has three options: They can withdraw from the contract, demand a price reduction, or request an equivalent replacement product. Legal experts refer to these as rescission, reduction, and replacement delivery.

There is no legal right to repair. This means that the seller may not force a repair on a customer unless this has been contractually agreed upon.

When and how often do you have to accept a repair?

The statutory warranty rights are not mandatory, so they may be limited or modified contractually. Many providers make use of this option in their general terms and conditions.

General terms and conditions almost always exclude reductions and replacements. Instead, they offer free repairs. For such provisions to apply, the seller must inform the customer of this before purchase. However, no customer is obliged to accept countless repair attempts. If a repair fails more than twice, they can claim a replacement or withdraw from the contract.