I have received a defective product, what rights do I have as a consumer?
October 9, 2023 | 50,00 EUR | answered by Simon Büchner
Dear lawyer,
My name is Alexander Wagner and I recently received a defective item that I ordered online. I checked the item immediately upon receipt and found that it does not function properly. I am concerned that I will now be stuck with the costs and I am wondering what rights I have as a consumer in this situation.
The item was purchased online from a well-known retailer and I received it within a few days. After discovering that the item is defective, I tried to contact the seller, but so far I have not received a satisfactory response. I am worried that the seller will refuse to take back the defective item or refund my money.
Therefore, I am wondering what rights I have as a consumer in this case. Can I return the defective item and demand a refund? Do I have the right to a repair or replacement of the item? What about possible compensation for the damage incurred?
I would greatly appreciate it if you could assist me in this matter and provide me with possible solutions. I want to ensure that my rights as a consumer are protected and that I do not end up bearing the costs for a defective item.
Thank you in advance for your help.
Sincerely,
Alexander Wagner
Dear Mr. Wagner,
Thank you for your inquiry regarding the defective goods you recently purchased online. As a consumer, you have certain rights in such a situation that are intended to help you protect your interests and remedy the damage.
First and foremost, it is important to know that as a consumer, you have a right to warranty according to the legal provisions. This means that the goods you purchased must be free from defects at the time of delivery to you. Therefore, if the goods are defective, you have the right to request the seller to remedy the situation. This means that the seller must either repair the goods, replace them, or refund the purchase price.
In your case, it is important that you inform the seller immediately upon discovering the defect. Ideally, you should send a written complaint to the seller and set a reasonable deadline for the remedy. If the seller fails to respond or refuses to take back the defective goods even after the deadline, you as a consumer have the right to withdraw from the purchase contract and request a refund.
Furthermore, you may also be able to claim damages if you have suffered financial loss due to the defect in the goods. This could be the case, for example, if you purchased the goods for a specific purpose and are unable to use them due to the defect.
In such cases, it is advisable to seek the advice of a civil law attorney to effectively enforce your rights. An attorney can help you take the necessary steps and, if necessary, initiate legal action against the seller.
I hope this information is helpful to you and provides guidance on how to proceed in this situation. If you have any further questions or need legal assistance, please feel free to contact me.
Sincerely,
Simon Büchner, Attorney at Law
