If an item has a defect for which the seller is liable, a cancellation of the purchase is the last means of compensating for it. It is a rather common misconception that a purchase can be automatically cancelled only because the buyer does not like the item or it has a small defect. This is not always the case.
The basic principle is that before the buyer's right to cancel a purchase starts to apply, the possibility of repairing or replacing the item or providing a price reduction must be investigated. However, the seller and the consumer may settle the matter in any way they can agree on.
The primary method for fixing a defect or fault is repair. The liable company has the right to repair the defect or fault if it offers to do so immediately after receiving notice of the problem from the buyer and the repairs are done within a reasonable time, without causing a decrease in the value of the item and without undue inconvenience for the buyer.
If repairing is impossible or would cause unreasonable costs, the item can be replaced with a faultless one. The company may refuse to supply a faultless replacement item if this would cause unreasonable costs – for instance when the item was made to measure or if it is no longer manufactured.
The consumer may demand it if the defect is significant and no other corm of compensation can be provided. A defect is not significant, for example, when the item can be quickly and easily repaired or the item has a surface defect whose significance for the buyer is minor in relation to the purchase as a whole. If the sale is cancelled, the vendor must return the purchase price when the customer returns the goods.
Consumers are also entitled to compensation for any damages caused by the defect in the goods. No compensation is given for trouble and upset or emotional distress.
Repairing or replacingdefective goods
Cost, location and duration of repairs
Discounts and cancellation of sale
Compensation for damages in purchases of goods