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Emergency

Defective goods: how often may the seller repair?

In the case of a defect, the seller initially has the right to supplementary performance, that is repair or replacement. But not endlessly: after two unsuccessful attempts, the repair is generally deemed to have failed, and you can exercise further-reaching rights.

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Your chances of getting your money back

If supplementary performance fails, you can withdraw from the purchase contract, reduce the price or demand damages (§ 437 BGB). With a repair, it is generally deemed to have failed after the second unsuccessful attempt (§ 440 BGB).
In supplementary performance you have the choice between repair and replacement delivery; the seller can only refuse the chosen type in cases of disproportionate costs. Supplementary performance is free for you.

What you should do now

  1. 1

    1. Document the defect and attempts

    Record when you reported the defect and which repair attempts there were (dates, receipts).

  2. 2

    2. Demand supplementary performance with a deadline

    Demand repair or replacement in writing and set a reasonable deadline.

  3. 3

    3. Establish failure

    If the defect remains after two attempts, the repair is generally deemed to have failed. Document this.

  4. 4

    4. Declare withdrawal or reduction

    Then declare withdrawal (money back against return) or reduction of the purchase price, whichever is better for you.

How to spot the scam

  • The seller 'repairs' again and again without the defect disappearing.
  • You are supposed to bear the shipping costs of the supplementary performance yourself.
  • It is claimed that you have to tolerate an unlimited number of attempts.

Frequently asked questions

How often may the seller repair?

With a repair, it is generally deemed to have failed after two unsuccessful attempts (§ 440 BGB). After that you can withdraw, reduce the price or demand damages. In individual cases the number may differ.

Who bears the costs of supplementary performance?

The seller. Transport, labor and material costs of supplementary performance are borne by them. You do not have to pay anything for remedying a justified defect.

Can I withdraw immediately?

In principle only after unsuccessful supplementary performance. Without setting a deadline it is only possible in exceptions, for example if the seller seriously refuses supplementary performance or it is unreasonable.

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.