2022.05.17
ARN: Stock product sold as new – damages
The customer purchased a freezer in February 2019. In July 2020 it stopped working, the same thing happened in September 2020 and December 2020. On the occasion in December, the customer contacted the seller and the repairman who determined that the product was manufactured in 2013.
The customer requests compensation with a deductible for spoiled food of SEK 1,800/occasion, a total of SEK 5,400.
The seller states that the customer purchased the freezer during a temporary sale at a greatly reduced price. The freezer broke after the warranty period. Instead of reporting the freezer as faulty, the customer filled it with new food and received compensation from the insurance company for the damage. The seller has agreed to cancel the contract and reimburse the customer for the full amount of the product, even though the customer has used the product for almost 2 years, but disputes compensation for the deductibles.
Based on the documents in the case, ARN finds that the seller did not provide an opportunity to remedy the damage even at the first occurrence.
ARN therefore rejects the customer's claim.
