2022.05.17
ARN: Same error after the complaint period – redelivery/cancellation or remediation
The customer purchased a wine cooler in December 2017. In 2020, a fan was repaired free of charge. In January 2021, the same fan broke again and the seller refused to replace or repair it. The customer has been offered a free fan by the manufacturer for repair at their own expense.
The customer requests redelivery or cancellation or remedial action.
The seller has denied the complaint on the basis that the 3-year complaint period has expired.
ARN notes that based on the documents in the case and preparatory work for consumer legislation, a consumer can complain about an identical defect if the defect occurs within a complaint period from a previous repair.
ARN approves the customer's request regarding the rectification of errors as it concerns an identical error in this case.
