ARN: Pour not repaired immediately – replacement purchase/damages/cancellation

The customer purchased an induction hob in October 2020. In December 2020, it broke and the customer contacted the seller that same day, who directed the customer to submit a written complaint by email. The customer received no information about the loan product and, as the family has severe food allergies, he purchased a new hob from another seller that same day.

The customer is primarily requesting compensation for the new hob and secondly, cancellation of the purchase.

The seller who received the customer's fault report was informed that the customer had already purchased a new hob and was not offered a loan product. The service technician then repaired the hob that the customer did not want to accept. The seller does not believe that the customer was entitled to a replacement purchase and they have not been in delay with regard to the repair, even if it did not take place within 1-3 working days during the pandemic. The seller does not believe that he has the right to cancel the purchase after the repair.

Based on the documents in the case, ARN concludes that the hob no longer has any remaining defects under purchase law after the repair.

ARN therefore rejects the customer's claim.

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