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Disposed of during repair

Disposed of during repair: A scooter was disposed of instead of being repaired due to a lack of spare parts. Now the seller is no longer responding. What can Hans do now?

Hans and the scooter disposed of during the repair

Hans Hässig:

What can I do if a product is disposed of during a repair and the seller subsequently no longer responds to my inquiries? Situation: I bought an e-scooter from an online retailer. I had to send the scooter to a separate service center for repair while it was still under warranty. Unfortunately, no spare parts were available, which is why the scooter was disposed of rather than repaired. Now the seller no longer responds to registered letters!

Answer:

Hello Hans

We recommend that you send the seller a registered letter setting a final deadline for replacing the purchased item. The following options then exist:

  • Exerting pressure by publicizing the incident at
    (Kassensturz, Beobachter etc.)
  • Action (from contract in civil proceedings)
  • Criminal complaint (due to seizure of property and constitution as a private plaintiff, which means that their claim for damages can also be assessed in the criminal proceedings).
Picture of Matthias Fricker

Matthias Fricker

Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.

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Picture of Fabian Füllemann

Fabian Füllemann

Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.

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