How can I enforce my rights as a consumer in case of defective products?
October 24, 2023 | 50,00 EUR | answered by Hans Krüger
Dear lawyer,
I am writing to you to seek clarification on a question regarding civil law as a consumer. In my current situation, I recently purchased a product that turned out to be faulty. I wanted to return the product within the statutory warranty period, however, this right was denied to me. I am concerned about how I can enforce my rights as a consumer in this case.
The current situation is that I was unable to return the faulty product and therefore did not receive a full refund of the purchase price. I have already contacted the seller, but I was not offered a satisfactory solution. I fear that I am being disadvantaged as a consumer in this case and that my rights are not adequately protected.
My concerns stem from the fact that as a consumer, I do not have sufficient information and knowledge about civil law to effectively enforce my rights. I want to ensure that I am not treated unlawfully and that I can assert my right to a refund of the purchase price or a repair of the product.
Therefore, I would like to ask you how I can enforce my rights as a consumer when dealing with faulty products. Are there specific steps or legal options that I can take to find a solution in my case? I would greatly appreciate it if you could assist me in this matter.
Sincerely,
David Volkmann
Dear Mr. Volkmann,
Thank you for your inquiry regarding the topic of civil law as a consumer. I am sorry to hear that you are having difficulties with a faulty product and that your rights as a consumer are not being adequately protected. I would like to provide you with some information and advice on how to proceed in your case to enforce your rights.
First and foremost, it is important to know that consumers in Germany are legally protected by warranty. This means that as a buyer, you have the right to demand a free repair, replacement of the product, or a refund of the purchase price for a faulty product within the statutory warranty period (usually 2 years).
So if you have been denied the right to return the faulty product, you should first complain in writing to the seller and assert your warranty rights. In your letter, you should describe the defect in detail and set a reasonable deadline for rectification. If the seller does not offer a satisfactory solution even after this deadline has expired, you as a consumer have the right to take further steps.
In such a case, you may consider involving a lawyer to represent your interests. A lawyer can help you assert your claims against the seller and, if necessary, initiate legal steps such as filing a lawsuit in court. It is important to keep all relevant documents such as the purchase contract, proof of the defect, and correspondence with the seller carefully stored.
Additionally, you can also contact consumer centers or arbitration bodies that can assist you in resolving the conflict out of court. These institutions offer neutral mediation between the consumer and the seller and can help you find a solution that is acceptable to both parties.
Overall, it is important for you as a consumer to know your rights and actively enforce them in order to stand up against the seller. I hope that my information will be helpful to you and that you will be able to successfully enforce your rights.
If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Hans Krüger
