“Second choice, button missing,” reads a sign. The blouse looks great. And it's so cheap. You buy it, but after washing the side seam is open. But can you claim “second choice”?
the essentials in brief
Complain about faulty second choice goods?
The blouse was cheaper because a button was missing. But now there's a seam open, you go to the store - and are dumped with the words:
“That was second choice. We won’t take them back.”
Incorrect! If you have a complaint, you'll be in the front row even with a second choice. The only thing that cannot be complained about is the missing button. This was pointed out when purchasing. But there was no mention of seams that wouldn't survive washing. So these are certainly grounds for complaint.
Warranty also for second choice goods
Another example: You buy an MP3 player. It is reduced because it has a flaw in the case. exhibit. After three weeks he completely gives up the ghost. Here too, the dealer must offer a warranty. That means: Two years are required by law ( HERE ), during which the dealer has to stand straight.
What exactly is Second Choice?
In this case, the term “second choice” only referred to the faulty housing, but not to the defective technology. In order to be able to prove this, you should confirm exactly why the item is “second choice” and what the price reduction refers to when purchasing. Ideally directly on the receipt or receipt! This also applies if the cashier “leaves something down” because you discovered a mistake in the goods shortly before paying. Only that known defect can be excluded as a reason for complaint.
Right to complain
Reduced goods can therefore be complained about just like any other product. A poster saying “No warranty for second choice” like you sometimes see in stores doesn’t change that. Even if some salespeople try to brush you off like that!
Exchange is not a complaint
A note such as: “Reduced goods cannot be exchanged” is still permitted. Exchange means that you bring a product back to the store and exchange it for another because you don't like the one you bought. The retailer can then do this voluntarily – or not. However, if you return the product because it has a defect, that is a complaint. And a dealer has to do that.
Notice!
Source: Consumer advice center NRW
Also good to know: Right of withdrawal: Good to know
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