Consumer complaint

A complaint is justified if the product or service concerned has a deficiency. This means that certain promised or expected properties that could benefit the buyer, are not available. For example, there is a technical defect.

So the buyer complained to the seller. This now has several legally prescribed ways to remedy the defect:

• Subsequent delivery (ugs. Exchange ): The seller takes back the defective goods and delivered to him from those that do not have this error. Usual procedure for low-value goods.
• Rectification ( sl repair): The seller fixes the defect at his own cost, so that the reason for rejection is eliminated. For services, it is also referred by a rectification.
• Cancel the contract (ugs. return ): The seller gives the buyer his money back. He receives in return back the defective goods, if that is possible with reasonable effort. For this option, the buyer may decide, however, only if the second attempt to repair the seller has failed.
• Reduction: The seller refunded a partial amount, the purchaser reserves the defective goods. This is the most common solution for complaint leisure travel and other services. For this option, the buyer can also just decide if the second attempt to repair the seller has failed.

It is the decision of the purchaser, which way he chooses. He can choose a replacement delivery or repair for now. If both several times ( more than twice) is not possible, reduce or withdraw from the contract by the seller.

The delivery of a completely different product or a coupon is permitted only with the consent of the buyer.

The packaging of the defective goods must not be returned by the buyer, as it is often required for a voluntary exchange by the seller. Even with bemängelter goods is often attempted to dismiss the buyer with reference to non-existent, incomplete or damaged packaging, with defects complaints but this is irrelevant.

If the buyer is a merchant, he must immediately upon the acquisition in his area of ​​responsibility, at the latest before use, check if the goods are faulty, otherwise it is considered to be error-free ( commercial law ).

The Consumer Protection offers the non -Kaufmann, however, a period of two years warranty can be claimed within which errors. Even those that were detected only in the course of time, provided they were already at the time of purchase available. For example, a poor quality materials are evident only after some time.

Another thing is a possible warranty. Here the manufacturer of the goods guaranteed for a certain period the proper functioning of a commodity, and insured, for example, any repairs at this time free to perform. Usually certain conditions ( improper use, etc.) are linked to such guarantees. These are voluntary agreements, no manufacturer has satisfied by operation of law of a guarantee.

If a product is not like, does not fit, etc., then that is no reason for complaint within the meaning of the law of obligations, because the commodity itself has no errors. The buyer has to rely on the goodwill of the seller, if he wants to achieve an exchange or conversion in this case.