What rights do I have in case of contract defects?
March 4, 2022 | 40,00 EUR | answered by Konrad Höfer
Dear Sir/Madam Attorney,
I am contacting you regarding an issue I am having with a contract. My name is Ulrike Hofmannsdorf and recently I entered into a contract for the delivery of a product. Unfortunately, I have found that the delivered product does not meet my expectations and has defects.
I am concerned as I am not sure what rights I have in this situation. I have already contacted the seller, but so far a satisfactory solution has not been reached. I would like to know what rights I have as a buyer in case of contract defects and what steps I should take next.
It is important to me that my consumer rights are upheld and that I am adequately compensated in case of defects. I am unsure of what steps to take to enforce my rights.
Could you please outline specifically what rights I have in case of contract defects and how I should proceed to find a solution? I would greatly appreciate your assistance in this matter.
Sincerely,
Ulrike Hofmannsdorf
Dear Mrs. Hofmannsdorf,
Thank you for your inquiry regarding your issue with a contract for the delivery of a product. I am sorry to hear that the delivered product does not meet your expectations and has defects. In such cases, it is important for you as a consumer to know your rights and how to proceed to find a solution.
As a buyer, you have various rights in case of contract defects that are intended to help you be appropriately compensated. First of all, you have the right to warranty. This means that the seller is obligated to provide you with a defect-free product. If the delivered product has defects, you have the right to rectification, which means the cost-free repair or replacement of the defective product.
If the seller does not offer a solution within a reasonable period of time or if the rectification fails, you have the right to a reduction in the purchase price or, in the worst case, even to withdraw from the contract. In this case, you can request a refund and return the defective product. It is important that you inform the seller in writing about the defects and set a reasonable deadline for rectification.
If the seller still does not respond or does not offer you a satisfactory solution, you can contact a consumer protection agency or a contract law lawyer. A lawyer can help you enforce your rights and, if necessary, take legal action to receive adequate compensation.
I recommend that you carefully document all documents and communication with the seller to be able to prove in case of a dispute that you have asserted your rights. Do not hesitate to contact me or another contract law lawyer if you need further assistance.
I hope that this information helps you and supports you in your matter. If you have any further questions, I am at your disposal.
Sincerely,
Konrad Höfer
