Issue with Seller. Do I need a German lawyer?

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Background: Me: Swiss Resident Seller: Company based in North Germany Item Purchased: Vintage Audio Amplifier Purchase Price: ~2500 Euros Purchase Date: Mid March 2022

The Purchase: Found the amplifier on Ebay-Kleinanzeigen which was advertised as fully working and with 1 year warranty. Contacted seller who directed me to his website to make the purchase with my US-based AMEX Card. Item was delivered to an address in Germany. I then paid to import it across to Switzerland.

The Defect: Upon receipt the amplifier was obviously defective. I phoned and texted the seller (via iMessage with proof of message delivery) with a video showing the defect. Seller agreed that it was defective and advised me to get it repaired on my own and that they would reimburse me (never happened as nobody local capable of performing the repair). Seller further said that their repair tech would contact me re: how to proceed (also never happened). Approximately 4 months pass with zero comms from seller. I attempt to reach seller again via iMessage (also with proof of message delivery) but no reply.

Attempted Solution: Since seller was non-responsive - - In Mid June I contacted AMEX who opened an investigation and found the seller to be at fault of selling defective goods.

Present Day: Last week the seller finally contacted me via email stating that I have both the amplifier and the money and that under German law he gets 3 attempts to solve the problem. Seller further stated that they would be engaging their lawyer.

What to do? Since it is a rare / vintage item I would like to keep it and have it repaired. The problem is that I simply don't trust the seller to perform the repair as he always has an excuse for everything and is terrible on timely comms - - if he ever responds at all. On the other hand I could just take the refund and send the amplifier back. Either option is equally fine for me.

Question: As a foreigner living in Switzerland I'm not familiar with the laws here nevermind the laws in Germany. Assuming that the seller is correct that he gets 3 attempts to repair, it seems that there should be an expiry on this. Otherwise I could sit forever with a defective item. Given the above, can anyone offer advice re: what legal obligations do I have at this point? Any advice how to proceed greatly appreciated. Do I need to engage a lawyer of my own?

Thanks in Advance...

- J

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Ask AMEX?

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You can't hold on to both the item and the refund, that could lead to the seller making a criminal complaint of fraud. So consulting a lawyer would be a good idea.

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With all respect, it seems you want to have your cake and eat it

The fully working amplifier never existed in first place. You bought a non-working device instead. Due to awesome AMEX conditions, you have your money back. But you cannot have the money and the amplifier at same time. So, let it go. The opportunity never existed. Be happy that you were not scammed. Deny repair and find a way to send back the faulty device with a delivery service that gets a confirmation signature from seller.

Check this from brother(sister?) forum in Germany, long thread on “consumer rights of faulty goods” https://www.toytowngermany.com/forum…-faulty-goods/

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I just re-read my original post and could somewhat of see your point due to my poor wording. To clarify.... The refund decision from AMEX won't be final until mid September. So until that happens I was still entertaining the possibility to repair the item. But if AMEX ends up deciding in my favor - - I would of course send the item back. So... No desire to have both the cake and to eat it. :-)

This is a good and realistic way to view the situation. Based on this I see that I escaped being scammed and should definitely not trust the seller with the repair. I will simply send the item back.

This is super helpful reading. Thanks !!!

Rgds...

-John

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Per AMEX, the final refund decision will only be finalized in mid September. Until then they have issued a "courtesy credit". Thus I am still at risk of not getting the actual refund. In the meantime, can anyone recommend an English speaking lawyer in the Rheinfelden (DE) area?

Rgds...

-John