In the event that a defect in the goods existed or is deemed to have existed already upon receipt of the goods, you are entitled to the rights from defective performance listed below.
If the defect in the goods constitutes a material breach of contract, you are entitled to the following rights from defective performance:
- removal of the defect by delivering a new item;
- removal of the defect by repairing the item;
- a reasonable discount on the purchase price; or
- withdrawal from the contract.
In the event of a material breach of contract, please inform us of the right from defective performance you have chosen when notifying us of the defect or without undue delay after notifying us of the defect. Please note that if you fail to do so, you will only be entitled to those rights that would belong to you in the event of a non-material breach of contract. The choice made can only be changed by agreement with us.
If we do not remove the defect in the goods within a reasonable period, you may demand a reasonable discount on the purchase price instead of the removal of the defect, or you may withdraw from the contract.
If the defect in the goods constitutes a non-material breach of contract, you may demand:
- removal of the defect; or
- a reasonable discount on the purchase price.
In the event that we do not remove the defect in the goods in time or refuse to remove the defect, you may demand a discount on the purchase price, or you may withdraw from the contract. The choice made can only be changed by agreement with us.
You acknowledge that until you exercise your right to a discount on the purchase price or withdraw from the contract, we are entitled to deliver the missing goods to you or remove the legal defect (in particular, deliver missing documents).
Replacement of goods or withdrawal from the contract cannot be demanded if you cannot return the item in the condition in which you received it. This does not apply if:
- there has been a change in the condition as a result of an inspection to detect a defect in the item;
- you used the item before the defect was discovered;
- you did not cause the impossibility of returning the item in an unaltered state by an action or omission; or
- you sold the item before the defect was discovered, consumed it, or altered the item during normal use; if this happened only in part, you shall return to us what you can still return and give us compensation up to the amount in which you benefited from the use of the item.