Studying German retailers return policies.
Out shopping for winter clothes you find the perfect leather jacket. Proudly, you carry it home only to discover that without the soft lighting and the pulsating background music thoughtfully provided by the shop you actually look like a football with legs! What can you do? Well, rather than relegate the offensive article to the back of the wardrobe and so avoid confrontation with German sales staff, read on and discover your options.Unfortunately, you have no legal right to return an item that is not faulty. The exceptions to this rule are purchases made via phone, fax or the Internet. Here you are protected by an EU directive, the Fernabgesetz, which gives you 14 days to return an article. Most shops do, of course, take things back, but this is more for PR reasons. Keeping the sales slip (Kassenzettel) of anything you buy in a store is paramount. Ask sales assistants about their shop’s policy on returning and exchanging items and have this noted on your receipt (Quittung). If you wish to exchange (umtauschen) something, a store will not generally refund the difference should you choose a cheaper alternative. You may also be offered a credit voucher (Gutschein), but remember to check how long it is valid for. Certain goods, such as cassettes, CDs and underwear, are rarely, if ever, returnable.
Should you discover that the item you have bought is damaged or faulty, you have (in theory!) three options. First you can get your money back (Rückerstattung), second a price reduction (Minderung) and third a replacement (Nachlieferung). The theoretical nature of these alternatives need to be stressed because shops are also allowed to lay down their own conditions of sale: the Allgemeine Geschäftsbedingungen (AGB), otherwise known as the small print (Kleingedrucktes), may state that a store has the right to repair any fault before offering you the three options mentioned above. The store should make you aware of these conditions by listing them on the back of a receipt.
Merchandise bought during the sales (Schlussverkauf) cannot generally be returned and stores often have signs posted about to remind customers (Schlussverkaufsware ist vom Umtausch ausgeschlossen).
However, if you buy an item on sale that is defective, your rights are the same as for faulty, non-sale items. The same situation applies for anyone who has been daring enough to try out the new discount law (Rabattgesetz) and was able to get a price reduction. Note that some shops have begun putting notices up saying that they have a no-discount policy.
Often a manufacturer will offer an additional guarantee on their products, but this may not be very extensive, covering only free parts (Ersaztteile) and not labor costs (Dienstleistung). However, this type of guarantee is only worth considering if the six months in which the store must take back the product have elapsed.
Sometimes shops like to cover themselves by insisting that customers contact the manufacturer first if a product is faulty. This will be stipulated in the small print. Even if this is the case, the repairs must be carried out free of charge or be taken over by the store. If you find that the manufacturer is unable or unwilling to repair an item, you can go back to the shop and demand to have a replacement, refund or reduction.
The local consumer protection agency can help with any of the situations mentioned above. Contact: Die Verbraucherzentrale Bayern e.V., Mozartstrasse 9 (U-Bahn Goetheplatz), Tel. 53 98 70. They are open during normal office hours.
