Tatjana Halm, lawyer at the Bavarian Consumer Center, has now clarified these legal errors in an expert interview.
Many consumers are convinced that purchased products can always be returned or exchanged within 14 days. Is that correct?
No, that's not entirely true. Here you have to differentiate very well. When shopping online, for example, you can easily return the goods within 14 days. The so-called right of withdrawal applies here because you cannot check the goods beforehand when buying online. The right of withdrawal also applies to purchases made at the front door and consumers have 14 days to return the purchased products. This protects you from being taken by surprise.
In a store, however, the exchange is purely a goodwill gesture on the part of the seller. As a customer you cannot insist on this. Local store clerks are also allowed to set their own terms and conditions. For example, you can determine whether you get your money back when you exchange something or whether the amount is just credited to a voucher. However, things are different if the goods are defective. The buyer then has warranty rights regardless of where he purchased. Consumers can then decide whether they want to have the device repaired or replaced with a new one. The seller is legally obliged to do this for two years after the purchase.
Do I have to use the original packaging for an exchange?
It depends. In the case of a physical store, the retailer can, as already mentioned, set the conditions. If the product is flawless, he is not legally obliged to exchange it. He can therefore also insist on the original packaging as a condition.
If I as a customer want to assert my warranty rights because the product is broken, I do not need the original packaging. The seller is legally obliged to take back the defective item - even without the original packaging.
It's the same with online shopping. Even if the buyer does not return the goods in the original packaging, for example because he has already thrown them away, the retailer cannot refuse to take them back. This also has to do with the right of withdrawal. In order for the consumer to try out the product, they inevitably have to unpack it. He has 14 days to do this after receiving the goods.
Another problem awaits you in the supermarket: the price at the checkout is different than on the shelf. What applies here?
Unfortunately, this is a common problem as supermarket prices change frequently. It can then happen that the goods on the shelf are labeled incorrectly. In fact, the price at the checkout always applies. Only here will the buyer and seller agree on the price. This also means that you do not have to accept the higher price at the checkout and can return the goods. Unfortunately, you are not entitled to the cheaper price from the shelf or from a brochure.
What happens when a special offer advertised on site is no longer in stock? Am I entitled to the product at a special price?
Unfortunately no. In principle, the seller must keep the goods in stock at the bargain price for a reasonable period of time. If he doesn't do this, the cards are bad for the consumer. One cannot insist on receiving the goods at the advertised price. However, there may then be a violation of competition law. As a consumer advice center, we can take action against such violations.
You can listen to more legal errors in the new podcast episode “The Consumer Heroes: Is that really true? On the trail of popular legal errors” – wherever there are podcasts.
Source:
Consumer advice center
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