What Are My Rights If My Kitchen Delivery Is Incomplete in Germany?

Question from Nikki, What Are My Rights If My Kitchen Delivery Is Incomplete in Germany?

Answer from AI:

If you purchased a kitchen in Germany and it was delivered with missing or defective components, you have several rights and options under German law. Here’s a general overview of what you can do in this situation.

Understanding Your Rights Under German Law

In Germany, consumer rights are protected under the Bürgerliches Gesetzbuch (BGB), or the German Civil Code. Here are some key points to consider:

• Right to Fulfillment: Under Section 439 of the BGB, you have the right to demand that the seller fulfills the contract by delivering the missing parts or replacing defective ones.
• Right to Repair or Replacement: If the delivered goods are defective, you can request a repair or replacement. The seller is generally obligated to comply unless it is unreasonable or impossible.
• Right to Reduce Price or Cancel Contract: If the seller fails to deliver the missing parts or repair/replace the defective ones within a reasonable time, you may have the right to reduce the purchase price or even cancel the contract under Sections 440, 323, and 326 of the BGB.
• Right to Damages: You may also be entitled to claim damages for any losses incurred due to the delay or defects, as per Section 280 of the BGB.

Steps to Take

Here are the typical steps you should follow to resolve this issue:

1. Document the Issue: Take photos and keep records of the missing or defective components. This will be useful if you need to escalate the issue.
2. Contact the Seller: Reach out to the seller in writing, detailing the missing or defective parts and requesting fulfillment of the contract. Make sure to set a reasonable deadline for them to comply.
3. Send a Formal Notice: If the seller does not respond or fails to resolve the issue, send a formal notice (Mahnung) demanding fulfillment, repair, or replacement. Again, set a reasonable deadline.
4. Seek Legal Advice: If the seller still does not comply, it may be time to consult with a legal professional. They can help you understand your options and take further legal action if necessary.

When to Consult a Legal Professional

While the above steps can often resolve the issue, there are situations where legal advice is necessary:

• If the seller refuses to fulfill the contract or repair/replace the defective parts.
• If you wish to cancel the contract and seek a refund.
• If you want to claim damages for any losses incurred.

Consulting a legal professional can provide you with personalized advice and help you navigate the complexities of German consumer law.

Additional Resources

For more detailed information, you can refer to the following resources:

• German Civil Code (BGB) in English
• European Consumer Centre Germany

Remember, while this guide provides a general overview, it is always best to consult with a legal professional for advice tailored to your specific situation.