They rejected your claim and said the "warranty has already expired". Something feels off. You may well be right. People commonly use the word "warranty" for two different things. Sellers sometimes use that to their advantage.
The answer right at the start
You can file a claim almost always, even without any warranty. The law gives you two-year protection automatically, whether the seller agrees or not. A warranty from the manufacturer or seller is only an extra bonus. It can extend this period. You may also not get one at all.
We will show how this works in practice with an example.
Two sources of one right
| Statutory protection | Warranty from the seller or manufacturer | |
|---|---|---|
| Who grants it | The law, automatically | The seller or manufacturer, voluntarily |
| How long it lasts | 24 months from taking delivery of the goods | As long as the seller or manufacturer decides |
| What you need for a claim | Only proof of purchase | Proof of purchase and proof of the warranty, such as a warranty card or information on the packaging |
Statutory protection comes automatically with every ordinary purchase. It used to be called a "statutory warranty". Today the more precise term is rights from defective performance under Section 2165 of the Civil Code. You do not need any extra paper for it. A receipt or invoice is enough.
A warranty from the seller or manufacturer is something else. It is their voluntary promise that the item will keep working longer than the law requires. The seller decides whether to offer it and for how long. They usually confirm it with a warranty card. The warranty still applies even if you do not get a warranty card. It is enough if the warranty period is stated on the packaging or in the offer, for example.
Why this is worth knowing
Say you buy a washing machine. The law gives you two years of protection automatically. The manufacturer also offers a three-year warranty on top.
- If the washing machine breaks after 18 months, proof of purchase is enough. Statutory protection applies.
- If it breaks after 30 months, statutory protection has already ended. Only the manufacturer’s three-year warranty will help, and a warranty card or other proof that the manufacturer gave it to you is useful.
Without this distinction, you might give up the claim by mistake in the second case. The right to repair or replacement still stands.
By the way: if the defect appears within a year of taking delivery of the goods, it is usually on the seller to prove that the item was already fine when you took delivery. After a year this reverses. You have to prove it.
What to do when you file a claim next time
- Check whether you received a warranty card or other notice of a longer warranty, for example an email after the order, a product description, or text on the packaging.
- If you have nothing of the sort, the statutory two-year protection still runs. Proof of purchase is enough.
- You do not have to explain to the seller yourself which right you rely on. It is enough to describe the defect and attach the proof. It is still good to know this for yourself, in case the seller challenges the claim or tries to apply a shorter time limit than you are entitled to.
What to do next
If the seller rejected your claim by referring to an "expired warranty", it is worth checking whether they meant statutory protection or only the voluntary one from the manufacturer. We describe the time limits and the full process for a claim in the article Claiming defective goods: your rights and the warranty period. A claim that rests on the correct provision and time limit is harder to reject than a general complaint.
Legamik is not a law firm and does not provide legal advice. In complex disputes we recommend consulting a lawyer.