It's unfortunate that things had to be this way. I believe that I have been completely kind, and reasonable in this situation. All I wanted to do was to have a working dehumidifier, and when that wasn't possible, come to some sort of reasonable outcome.

We wanted to do this amicably. Why don't you? From my understanding, you wouldn't let my wife finish a single sentence. She has every right to be upset when someone interrupts them constantly. I was told that you spoke harshly with XXXX from [manufacturer] as well, and because of your call, they no longer want anything to do with this matter.

If this is how you want to proceed with this transaction, we are happy to oblige. This is a written declaration that I am withdrawing from the buying contract, as the dehumidifier you sold me was clearly not tested before the sale, was described as working in new condition when it is mechanically impossible for the dehumidifier to be in such condition after six years without repair. When an item is listed as "functioning as new", it creates a contractual liability.

Furthermore, the dehumidifier was pictured as wrapped in plastic giving evidence that the item was new when it was not, and I was only informed of its age after the problems arose. You personally unwrapped the dehumidifier in front of me which is further evidence that it was not tested before the sale.

We were happy to accept half, as a gesture of goodwill, but at this point we are requesting a full refund. I am giving you 10 days to reply to this e-mail which gives you enough time to legally have two days off to read this email thoroughly, comprehend its contents calmly, and decide how you would like to proceed.

If you continue to be hostile with us, we will take legal action if necessary.

Cordially,

No, your statement is incorrect!

I called [manufacturer] simply because I found several of your emails today and on the first email I read you were already asking for a refund, before you even knew what it was, and if there was a problem in the dehumidifier.

From there I decided to call [manufacturer] to try to understand if there was something wrong and if eventually you could understand the cause, and that's how much !!

He told me that you had made contact with him and explained the problem to me .... From there, he still asked me if I had been willing to give you back something you paid to me to fill the situation.

Since it is not possible to understand if the defect was already present or after the delivery, I replied that I would meet you with the half.

At this point he told me that he had to call you and that he himself would report to you.

Now, since Sunday and I have been working at night and I go home not before 7/7: 30 in the morning .... you think I have all this time to stay behind the cell. Or reading and writing emails?

If you want, I am still willing to meet you with the proposal I made but with 3 conditions:

1 that you call me and not your wife as if I need to tell you the reasons

2 you have to give me time next week so that at the end of the week I can prepare 2 lines written for a common agreement, given that thanks to today's call the trust has faded a little less.

3 and if you agree we will join you 2, even your daughter if you want, but nothing to do with your wife.

I am sorry for this situation.

If you, but above all your wife disagrees, you can proceed as you wish, I am certainly not a person who is afraid of threats, neither verbal nor much less written, I just want to mediate the discomfort that has arisen between us, you I assure you that if this situation had arisen with your wife I would not be here talking about it.

It is a pity that things have to be this way. I think I was completely kind and reasonable in this situation. All I wanted to do was have a functioning dehumidifier and, when that was not possible, reach a reasonable result.

I understand that you may have had difficulty reading and returning my emails in a timely manner. I understand you have work, and it's not your fault. It was my mistake to see how quickly you returned my emails before there was a big problem with the dehumidifier. When I expected timely replies and had received no reply despite multiple emails, it seemed to me that perhaps I was being scammed or exploited.

I want you to see that from my point of view; I knew there was a serious problem that would cost me money regardless of what [manufacturer] had to say - and I worried a lot about being screwed.

We wanted to do it amicably. From what I understand, you wouldn't let my wife finish a single sentence during your call. She has every right to be upset when someone constantly interrupts them. I have been told that you have also spoken hard to [manufacturer] and, because of your phone call, they no longer wants to have anything to do with this matter.

It's also a shame that you didn't allow my wife to speak, because she was on your side before the phone call. She wanted to talk to you and mediate between us to bring me down to CHF175, since she is not a person who likes to fight.

If this is how you want to proceed with this transaction, we will be happy to obligate you. This is a written declaration that I am withdrawing from the purchase contract, since the dehumidifier you sold me was not clearly tested before the sale, it has been described as functioning in new conditions when it is mechanically impossible for the dehumidifier to be in such conditions after six o'clock. years without repair. When an item is listed as "functioning as new", a contractual liability is created.

Furthermore, the dehumidifier was depicted as wrapped in plastic, demonstrating that the item was new when it was not, and I was only informed of its age after the problems occurred. You personally unwrapped the dehumidifier in front of me, which is further proof that it has not been tested before the sale.

According to the terms of service of Tutti.ch:

"If the seller has not expressly excluded the warranty on the product sold, I am entitled to the warranty."

“In principle, the seller is obliged not to deliver defective goods (art. 197 CO). This obligation is called a guarantee. The buyer should check the condition of the purchased item as soon as possible after receipt. If he discovers a defect, the buyer is obliged to notify the seller immediately (art. 201 CO). The rights based on material defects can be asserted by the purchaser for a period of two years from the delivery of the object (art. 210 CO). "

The fact is simple; the dehumidifier was not tested correctly by you before the sale. You didn't know there was a problem until I found out. For this reason, I ask for the return and refund.

We were happy to accept half of it as a gesture of goodwill, but at this point we demand a full refund. The next steps will be for us is to file a report and obtain your legal residence address so that we can approach the justice of the peace or issue a debt execution.

I'm giving you 10 days to reply to this e-mail which gives you enough time to legally have two free days to read this e-mail thoroughly, understand its content calmly and decide how you want to proceed.

If you continue to be hostile to us, we will take legal action if necessary. If you are ready to tell a judge or legal authority that you have thoroughly tested the dehumidifier despite having told my wife that it had not been used for a year or that it was still wrapped in plastic when I came to get it, please do that.

The only response I will accept at this point is that you accept the responsibility of warranty, that you will accept the item back, and issue a full refund.

Cordially,