10% discount negotiated when purchasing an expensive bag, the item is now considered reduced - due to return
September 5, 2009 | 20,00 EUR | answered by Andreas Scholz
Dear Sir or Madam,
On 3 September 2009, we bought a bag in Munich for 1,323 euros. The store price was 1,470 euros, and the seller agreed to a 10% discount. After closely examining the bag at home, I am not satisfied with the quality of the leather and I also find the price to be too high. I want to return the bag. The receipt states: Exchange within 14 days, No cash refund, and "No exchange of reduced items".
What are the chances legally that we can return the bag and have the money credited back to our credit card?
Thank you,
Kind regards.
Dear questioner,
there is no legal right of return for "dislike". The information on the receipt may refer to a contractual goodwill agreement granted by the seller to the customer. Therefore, it is legally permissible for the seller to exclude discounted items from this goodwill agreement.
You would have a right of return within the scope of exercising your warranty rights under §§ 433, 434 BGB. However, the bag would have to have a defect AND you must give the seller the opportunity to provide a replacement, i.e. another bag of the same model, if possible. Only if this is not possible, you can withdraw from the contract, return the bag, and receive a refund.
I hope this has provided you with a first legal orientation. Please feel free to ask if you have any further questions.
Best regards,
Andreas Scholz, Attorney
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