Ask a lawyer on the topic of Contract law

Return in commercial purchase

February 25, 2010 | 40,00 EUR | answered by Steffan Schwerin

Dear Sir or Madam,

A nursing home initially purchased 2 tablecloths as samples in my online shop on 13.01.2010, which I source from another dealer. When they were satisfied with the sample, the nursing home ordered 250 tablecloths. I ordered them from my dealer and sent them to the nursing home (the property "wrinkle-free" is also stated in the description of the tablecloths on the dealer's packaging).

Last week, I received a call from the nursing home, stating that they had used the tablecloths once and then noticed after washing them that they are not wrinkle-free. They have requested that I take back the tablecloths and refund the purchase amount.

I ordered one of the mentioned tablecloths from the dealer and tested the property "wrinkle-free" at home myself, and they are indeed not completely wrinkle-free... I would rather describe them as wrinkle-resistant.

I now have a big problem, as the tablecloths have already been used once and I cannot afford to lose the mentioned dealer or get into a dispute with them (I have been selling their products as my main occupation for several years and have not had any problems so far, rather positive feedback from customers).

I have already offered a discount to the nursing home as compensation, but unfortunately without success.

What is the legal situation in this case?

I kindly ask the person handling this case to provide me with contact information so that I can get in touch with you again and legally secure my descriptions.

Thank you.

Steffan Schwerin

Dear Questioner,

I will answer the questions you have asked taking into consideration the circumstances described and your efforts as follows:

Legally speaking - setting aside the good relationship with the wholesaler - the nursing home has a claim for improvement against you. Since this cannot be fulfilled here, there is a claim for replacement. You would need to deliver wrinkle-free tablecloths.

If that is not possible, the nursing home can withdraw from the contract or reduce the purchase price.

If a reduction is not an option, then the contract must be reversed.

However, as the seller, you have a right of recourse against the wholesaler. You can indemnify yourself against them.

If you do not wish to exercise this right, you will be solely responsible for the "damage." Your only option is to reach a mutual solution with the nursing home or reverse the purchase.

You can then sell the tablecloths in your shop as used.

My contact information is listed below.

I must point out that this platform cannot replace comprehensive and personal legal advice. The sole purpose is to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal advice I provide is based solely on the information you have provided. Adding or omitting relevant information in your description of the situation may lead to a completely different legal assessment.

I hope this gives you an initial overview and that my explanations are helpful. You are welcome to contact me through the follow-up option on this platform.

Furthermore, I am available for legal representation. The initial consultation fee would be credited in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication means such as email, mail, fax, and phone, legal representation is also possible.

Best regards,

Steffan Schwerin
Lawyer

Law Office Steffan Schwerin
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Tel.: 03641 801257
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Email: raschwerin@raschwerin.de

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