Warranty claim for purchase of garden set

Questioner

We are writing you this letter in response to the 'lounge set Toronto' delivered by you, which was purchased on February 20, 2023 and delivered on March 6, 2023. After the previous contact we already reported that we were not satisfied with the delivered product. The lounge set has warped to such an extent that the planks have burst loose from the frame and the general condition and quality of the sofa does not match the price tag of € 2,999. The lounge set has now been outside for less than 11 months as of January 25, 2024 and shows defects that should never be addressed so quickly. The previous response from the supplier is that we were not allowed to cover the sofa, but this is completely at odds with what was advised by the sales advisor. We were even advised to use a tarpaulin with the dimensions of the sofa. We paid € 140 for this and of course would never have paid this at the time when it would have been unnecessary. The supplier apologized for this by telephone, because the sales advisor had therefore advised us incorrectly. We have also contacted a wood expert and his findings based on the photos sent are as follows: - I do not recognize the material used as teak wood. - The thickness of the wood is not sufficient to prevent warping (not suitable for outdoor use). - It looks more like laminated wood than solid teak. - Construction slats are too thin. - Many glue joints are coming loose; this is most likely the result of a bad construction. Insufficient space during assembly results in warping of the wood, which also causes it to come loose from the aluminum frame. - The overall quality is very poor for a sofa in this price range. The supplier has offered a solution by sending a care set. The theory of the supplier is that if we treat the sofa with this set, the planks will miraculously straighten out and we will enjoy the lounge set again. According to the wood expert, this is not a realistic solution and will not make any difference to the warped and broken planks. We have lost confidence in this lounge set, partly due to the advice of the wood expert, and would like to appeal to the non-conformity legislation. We would like to cancel the purchase agreement by means of this email and receive the full amount back from the supplier. We are disappointed that it has to be this way, but it should not be the case that the supplier sells misleading products and the customer suffers as a result.

Lawyer

Good afternoon, Annoying situation you are in. In the event that a product is delivered that does not meet the expectations you may have had (given the price, material, purpose of use, etc.), you can in most cases terminate the agreement and claim your money back. The law does stipulate that you have given the seller the opportunity to repair the defect (unless this is no longer possible). If you successfully appeal to terminate the agreement, you can also claim additional compensation (e.g. costs for hiring an expert). Of course, this can only be assessed more clearly after the agreement, correspondence and any general terms and conditions have been reviewed. Feel free to contact us without obligation to discuss the possibilities. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526