Defects in the new bike: Wrong bike delivered – what to do?

Finally it’s here. Wrapped up in a box, it sits in the hallway – the long-awaited, meticulously selected new bike. But immediately after opening it becomes apparent: That’s the wrong frame color! Extremely annoying and usually involves a lot of paperwork and waiting time. We explain exactly what in case of incorrect delivery is to be done. We got professional support from lawyer Dustin Hirschmeier legal office49 in Osnabrück, who specialize in bicycle law, among other things.

Small disclaimer in advance: We try to give a general overview of the rights that cyclists can rely on. But every individual case is different. Even small things can lead to a situation being assessed completely differently. Our information cannot therefore replace individual legal advice.

After ordering online, the wrong bike arrives – this is what you should do now

Anyone who has shopped online from FahrradXXL, LuckyBike, Decathlon or another mail order company and is now left with a faulty delivery should not be left with that. It is not possible to receive something other than what was ordered – and that is also legally stipulated. This is what you should do now:

Step 1: Check if there was an oversight

If you notice any inconsistencies in your bike delivery, the first thing you should do is look for clues as to whether there may have been an oversight. It is perhaps obvious that the dealer, for example, is a free upgrade made to the bike because the components ordered were no longer available? Is there a card in the box or is there an email indicating delivery difficulties? Or maybe there is another name somewhere that refers to one Delivery mix-up could indicate?

You should also take a close look at your purchase contract and – if still available – the online offer Small print read. Sometimes, for example, the picture shown in the online shop not exactly the design and features that will be sold in the end. What is written in the purchase contract applies, not what is shown in the pictures.

Step 2: Decide – subsequent delivery or repair?

If after checking the documents it is obvious that something was delivered to you incorrectly, you are legally entitled to the goods you ordered. This is stipulated by law Warranty rights. Attorney Hirschmeier specifies: “The law sees one in this case Sachmangel on the bike as given. The claim to the ordered item is therefore not fulfilled. However, the seller must be given the opportunity to correct this error, i.e. to deliver the correct product or to correct the defect. Here we are talking about Claim for supplementary performance. He can do this either in the form of a subsequent delivery (another, new thing) or improvement (repair).”

The decision which of both options The choice is initially up to the buyer himself. Only if one variant is unreasonable or involves disproportionate costs (compared to the other) can the seller choose the other.

In most cases there is a claim for supplementary performance from the problem yourself: If the gear group is installed incorrectly, it makes little sense to ask for a new bike. If a completely different bike has arrived – perhaps due to a mix-up – then yes.

What is a material defect? A material defect is the deviation of a product from the agreed quality. For example, an incorrect frame color, a scratch in the seat tube, but also a defect in the e-bike motor that is not immediately noticeable.

What are warranty rights? If you discover a material defect in a product you have purchased, you can rely on the warranty rights (also called warranty for material defects, liability for material defects or simply warranty). This obliges the dealer to repair a defect that existed at the time of handover within two years of purchase or to provide a replacement delivery at no additional cost to the buyer. But: Defects that arise later due to use do not necessarily lead to a warranty claim. The dealer does not have to generally maintain the bike for two years.

Step 3: Contact the dealer

The specific contact person in the event of a defective delivery is the dealer from whom you purchased. Not the manufacturer of the bike. It’s best to contact us by email – then you’ll have everything documented should there be more problems later. This letter should contain:

• One Description des Problems.
• That you have one Subsequent delivery or Rework wishes.
• An appropriate one Fristby when the dealer should have fixed the problem. This must take into account the transfer routes and can be 10-14 days for smaller adjustments.

According to experience, according to lawyer Hirschmeier, dealing with the dealer is easier, the more obvious the material defect is. If there are inconspicuous defects, you may have to write a lot and be persistent.

By the way: The costs of subsequent fulfillment must be borne by the dealer. This should not deter consumers from asserting their rights because it is expensive for them. Also one Processing fee The dealer may not charge for a material defect.

What happens if the dealer doesn’t respond?

From now on you have to wait to see how the dealer responds. Ideally, he will take care of the matter promptly and fulfill his obligation to provide subsequent performance. If the set deadline has expired and the dealer has not remedied the defect or even reacted, you as a customer can rely on your Secondary rights appointed. If necessary, you can reduce the purchase price, withdraw from the contract or claim damages.

Can I keep incorrectly delivered goods?

Ordered a 300 euro bike and received a 3000 euro bike? So it makes sense to just keep your feet still and keep the expensive bike. Attorney Hirschmeier explains that something like this is even possible under certain circumstances: “No one is obliged per se to return the incorrectly delivered goods in any case. Provided that the buyer does not contact us directly and demands the bike or there is an obvious mistake (e.g. incorrect Name).But if the seller knowingly sent the higher quality bike to fulfill his obligation, then the use and acceptance of that bike will result in a tacit Contract adjustment with the result that the bike can be kept.”

However, if there are stark differences in terms of value or model, you should ask just to be on the safe side – just to ensure clarity. If the dealer notices the error later, he can still do so under certain circumstances demand release.