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Emergency

Repair or replacement? Your right to choose with defective goods

If purchased goods are defective, you have the right to choose: you can demand repair (rectification) or a defect-free replacement delivery. The seller can only refuse the type you chose if it involves disproportionately high costs for them.

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Your chances of getting your money back

You initially decide whether repair or replacement delivery takes place (§ 439 BGB). The seller can only refuse your choice in cases of disproportionality, in which case the other option remains for you.
Supplementary performance is free for you. If replacement is delivered, the seller can reclaim the defective item; you do not have to pay compensation for use for the time until the exchange in a consumer goods purchase.

What you should do now

  1. 1

    1. Make a choice

    Consider what is better for you, a quick repair or a new, fault-free device, and tell the seller your choice.

  2. 2

    2. Demand in writing

    Demand the chosen supplementary performance in writing with a reasonable deadline.

  3. 3

    3. Insist on being free of charge

    Shipping, labor and material of the supplementary performance are borne by the seller. Do not let any fees be imposed on you.

  4. 4

    4. Follow up if refused

    If the seller wrongly refuses your choice, insist on it or switch to the other option; after that, withdrawal or reduction come into consideration.

How to spot the scam

  • The seller pushes you without reason toward the option cheaper for them.
  • You are supposed to pay for shipping or 'processing' of the complaint.
  • Instead of supplementary performance, only a voucher is offered.

Frequently asked questions

May I choose between repair and replacement?

Yes, in principle you have the right to choose (§ 439 BGB). The seller can only refuse the chosen type if it is disproportionately expensive by comparison. Then the other option is available to you.

Do I have to pay for the supplementary performance?

No. The costs necessary to remedy the defect, transport, labor, material, are borne by the seller. A justified complaint is free for you.

Can the seller demand money for the time used?

In a consumer goods purchase you do not have to pay compensation for the value of using the defective item until the replacement delivery. The seller can only reclaim the defective goods.

Take action now

We put together the ready-made texts and the right places to contact for you.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.