What legal options do I have in case of defects in purchased products?
February 8, 2023 | 40,00 EUR | answered by Nina Koch
Dear lawyers,
I am writing to you today because I recently purchased a product that unfortunately has defects. Specifically, it is a vacuum cleaner that I bought three months ago at an electronics store. Since the purchase, the device has not been functioning properly and I have already tried several times to complain about the defect to the seller. Unfortunately, I have not been offered a satisfactory solution so far and I feel disadvantaged in my consumer position.
My concern is that the seller refuses to take back the vacuum cleaner or offer me a repair. I have already spent a lot of money on the device and feel abandoned. Therefore, I am wondering what legal options are available to me in this case. Are there legal regulations that protect me as a consumer and allow me to assert my rights?
I request your advice on how best to proceed in order to assert my claims and find an appropriate solution to my problem. Thank you in advance for your support.
Sincerely,
Anneliese Bahr
Dear Ms. Bahr,
Thank you for your inquiry regarding the defects in the vacuum cleaner you purchased. It is understandable that you feel disadvantaged in your consumer position and are looking for legal options to assert your rights.
In your case, it is important to know that consumers are legally protected by the Civil Code (BGB). In particular, §§ 433 ff. BGB regulate the rights and obligations of the seller and the buyer in a sales contract. If a product has defects, you as a consumer have various statutory warranty rights.
According to § 437 BGB, as a buyer, you have the right to demand rectification from the seller. This means that the seller must either remedy the defect or provide you with a defect-free product. If the seller refuses or the rectification fails, you have further rights, such as the right to a price reduction or in extreme cases, the right to withdraw from the contract.
It is important that you formally request the seller to rectify the defects within a reasonable period. It is best to use a registered letter with acknowledgment of receipt to have proof of your demand. If the seller continues to be unresponsive, you can contact a consumer protection agency or a lawyer to enforce your legal rights.
It is advisable to carefully keep all documents and receipts regarding the purchase and defects to strengthen your position in case of a dispute. Additionally, you should also check if the vacuum cleaner is still within the statutory warranty period, which is usually two years.
I strongly recommend seeking professional legal advice promptly to effectively assert your rights. A lawyer can help you represent your rights and find an appropriate solution to your problem.
I hope that my explanations are helpful to you and wish you success in asserting your rights.
Sincerely,
Nina Koch
