When do you have a right of withdrawal?
What is a warranty?
When you buy something, you have every right to expect a faultless performance in accordance with the agreement, no matter if it is a product or a work order. If you notice a defect immediately at the time of delivery, it is best not to accept the service at all. But what if a defect only becomes apparent later? Then the legal warranty becomes important.
What is meant by warranty? A warranty is understood to be the responsibility of a company for the absence of defects in the goods or the work. However, the warranty only applies to defects that are already present at the time of delivery. But how do you prove this if the defect only becomes apparent later? In this case the legal presumption will help you. It says that a defect was already present at the time of delivery if it becomes apparent within 6 months. The consequence of this: Not you, but the company must prove that there was no defect at handover.
This legal presumption does not apply if it is incompatible with the nature of the item and the nature of the defect, for example, in the case of perishable goods or if the defect is a typical sign of wear and tear.
What warranty rights do you have?
Depending on the defect, you have several possibilities to claim damages from the company:
- Free improvement, e.g. repair or replacement of the defective item
- Price reduction
- Cancellation of contract with return of goods and money, if the defect is not minor
What is a guarantee?
The guarantee is different from the warranty. It is the voluntary commitment of a company to take responsibility for the defects of a product under certain conditions, for example, for repair or replacement. The type, scope and length of the guarantee are specified in the guarantee conditions.