You might be wondering…

“If I use the product and only later discover a defect, can I still return it?”
“What if the item breaks completely – do I still have the right to withdraw?”
“Do I have to return the item even with defects, or will the court excuse me?”

My clients often ask…

“I bought a mobile phone and the screen defect appeared after three months. I’ve been using it regularly – can I request a replacement?”
“My customer is claiming a defect in furniture, but they painted it in the meantime. Do I still have to refund them?”

What the law says in a nutshell

• § 2109 Civil Code: If the buyer receives a new item, they must return the original one, at the seller’s expense.

• § 2110 Civil Code: The buyer cannot withdraw from the contract if they cannot return the item in the condition in which they received it.

• Exceptions: Withdrawal is still possible even if the item cannot be returned in the same condition, if

  • the change occurred during inspection for defects,

  • the buyer used the item before the defect appeared,

  • the inability to return it was not caused by the buyer, or

  • the item was consumed or altered during normal use.

• § 2111 Civil Code: If the buyer fails to notify the defect in time, they lose the right to withdraw.

Practical significance

These rules balance the interests of both parties. The buyer cannot abuse the right to withdraw by destroying the goods and then demanding a refund. At the same time, the law protects honest buyers – if a defect appears during normal use, withdrawal is still allowed, even if the item is no longer “like new.”

Common mistakes in practice

• Buyers seriously damage or alter the item and still try to withdraw – courts usually do not allow this.

• Sellers refuse withdrawal even though the buyer discovered the defect only during ordinary use – which is unlawful.

• The parties fail to clarify who bears the return costs – but the law clearly places this duty on the seller.

How to proceed correctly

The buyer should always notify the defect promptly and clearly. If they want to withdraw, they should document why the item cannot be returned in its original condition and that it is not their fault. Sellers should be ready to take back the item and expect it to be returned with ordinary wear and tear.

Practical examples

• A consumer bought a washing machine that began overheating after a few weeks. The machine had been used normally – withdrawal from the contract was valid even though it was not in its original condition.

• A buyer purchased a bicycle and repainted it. Later, they claimed a crack in the frame. The court rejected withdrawal – the buyer had altered the item themselves.

• A consumer claimed defective food that had already been consumed. The law allows withdrawal if the defect appeared before consumption.

Why relying on “common sense” is risky

Many people believe that if they simply return the goods, the seller must refund them. In reality, it depends on the legal qualification – whether withdrawal is valid under the law. Without knowing the exceptions, buyers risk losing their rights, and sellers may wrongly refuse a legitimate claim.

Lawyer’s recommendation

I advise buyers to always describe the condition of the goods when making a claim and explain why they cannot return them in their original form. For sellers, I recommend checking whether the defect was reported on time – otherwise they may reject withdrawal.

FAQ

Do I have to return the item in the same condition?
Not always. If the change resulted from normal use or inspection for defects, withdrawal is still possible.

When is withdrawal not allowed?
If the buyer deliberately destroyed, altered, or otherwise caused the inability to return the item.

Who pays the costs of returning the item?
The seller, as required by law (§ 2109 Civil Code).