Takeover quality guarantee, rights arising from defective performance and complaints procedure. 6.1 The Seller is responsible for making sure that the Goods are defect-free upon their takeover by the Buyer (takeover quality guarantee pursuant to § 2161 of the Civil Code).
6.2 If the Goods do not have the properties specified in
6.3 If a defect appears within six months of the takeover of the goods by the Buyer-Consumer, the item shall be deemed to have been defective at the time of the takeover.
6.4 The Buyer may not enforce rights arising from defective performance for defects in goods that were caused by the transport of goods by the Buyer or unprofessional handling by the Buyer.
6.5 Rights arising from defective performance do not apply to wear and tear caused by normal use, improper use or treatment, weather conditions, unprofessional handling, intentional damage or defects of which the customer was notified in writing in the purchase contract.
6.6 A Buyer-Consumer is entitled to exercise this right for a defect that is discovered in the goods within twenty-four months of the takeover, and a Buyer - Other Entity may exercise this right within six months of the takeover. For used goods, the parties agree on a period of two months from the takeover for the exercise of rights arising from defective performance.
6.7 By way of derogation from applicable provisions of the Civil Code, the following is stipulated for a Buyer-Other Entity in the event of defective performance:
6.8 Rights arising from defective performance are exercised at the Seller’s address:
6.9 Complaints procedure: The Buyer can make an oral complaint at the Seller’s store along with the submission of the original sales document or its copy (a purchase contract or proof of payment of the purchase price, hereinafter a ‘copy of sales a document’), a written complaint in a letter with the original sales document or its copy, or an electronic complaint sent to xxxxxxxxx@xxxxxxxx.xx. The Buyer can also make a complaint by phone at +000 000 000 000.
6.10 The Seller shall settle the Buyer-Consumer’s complaint immediately, or within 3 working days in complex cases. This period does not include the time necessary for a professional assessment of the defect depending on the type of goods. Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer-Consumer agree on a longer period. The Buyer is obliged to provide ‘effective cooperation’ in the settlement of the complaint. This means he m...
