Consumer sales – limitation of the seller’s freedom of choice

If the consumer demands price reduction or withdrawal from the contract and the seller responds by offering to repair the defect, the consumer has the right to demand replacement of the item. Similarly, instead of replacement proposed by the seller the consumer has the right to demand repair. The consumer cannot exercise these rights only if the selected option is unfeasible or involves excessive costs.

 

An example: In response to the complaint by a consumer wishing to withdraw from the contract the seller offered to repair a PC bought by that consumer. However, the consumer has the right to demand a new PC instead. This right will not be exercisable if the specific model of the PC in question is no longer manufactured and is not available on the market any more.