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Old 24.06.2020, 00:00
Urs Max Urs Max is offline
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Re: Bought a defective appliance used - any recourse?

One additional thing: who makes a claim has to prove it.

You have to prove the veracity of your claim, and that the good is defective, that's what will happen in the process of the Betreibung. If he says you damaged it, that's his claim he will have to prove (I would think a very plausible claim would do, say if you had dented the thing with a hammer - you get the idea). If he can't do that the Gewährleistungspflicht (duty to fulfill the promise, i.e. that it's "as new") hits.

It seems that I was wrong with saying that the seller has the right to decide what will happen next (repair, or unwinding the deal). This is typically the case as a customer of a Swiss retailer, but that appears to be a consequence of their T&C where they turn that around. Based on the law alone, which is the case here, the buyer decides.
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