Online purchase of textiles
September 18, 2010 | 25,00 EUR | answered by Tobias Rösemeier
Dear Sir or Madam,
some time ago I bought a textile product online. Now I have found that the seam is coming undone on one of the garments.
The seller refuses to take back the clothing item and cover all costs of return and re-delivery.
He believes that he sent the item to me in perfect condition and that the defect is due to my actions (incorrect washing or tampering with the item).
Now my question is: how long can I complain about textiles, is there a warranty period?
Kind regards
Dear questioner,
I am happy to answer your question taking into account the circumstances you have described as follows:
You have entered into a purchase agreement. If the textile delivered has a defect, you have the rights under § 437 BGB, initially in the form of subsequent performance according to § 439 BGB.
So, you can demand the delivery of a defect-free item. The seller has to bear the expenses necessary for subsequent performance, in particular transport, travel, labor, and material costs (§ 439 para. 2 BGB).
According to § 438 BGB, warranty claims only expire after two years.
In principle, you have to prove that the goods are defective and that this was the case at the time of delivery. In this regard, according to § 476 BGB, in the case of a so-called consumer goods purchase (purchase by a consumer from a business), there is a reversal of the burden of proof within the first 6 months after the purchase. It is assumed by law that the goods were already defective at the time of delivery (e.g. improper seams). In your case, the seller would have to prove that the garment was damaged due to incorrect handling by you.
So, if the 6 months have not yet passed since the purchase, you can demand the exchange of the defective textile from the seller. He also has to bear the associated costs.
If the seller continues to refuse the exchange, you should request it in writing once again, this time with a deadline and a threat of withdrawal from the purchase agreement. If this deadline expires without result, you can then withdraw from the purchase agreement under § 440 BGB and demand a refund of the purchase price.
I hope this information has been helpful. Please feel free to ask any further questions.
Best regards,
Tobias Rösemeier
- Attorney-at-law -
