Dispute with delivery of new scooter


Questioner

My best friend ordered a brand new custom scooter (extra options such as different front light, extra USB connection for telephone). Due to a sudden financial change, she could not pay on the day of delivery, and the scooter unexpectedly went back to the store. She had tried to cancel the purchase, but the garage held her to the contract. Six months later she had the money available, and immediately paid off the amount including 1 year of maintenance service at home. The scooter had to be checked according to the garage, and 2 weeks later she was allowed to pick it up. Immediately upon driving away, the requested light appeared not to have been mounted. The seller also reported that there was a problem with the odometer, which is 500m from the point of sale. For repairs, she had to make an online request and bring the scooter herself and pick it up later (+/- 33 km there, 33 back). Shouldn't the garage, according to Article 7:17 of the Civil Code, arrange for her to receive a ready-made scooter, as ordered, without incurring any additional costs?

Lawyer

Yes, she is entitled to that, one could also argue that now that the actual delivery has been postponed and the buyer could only assess the scooter later, the legal guarantee (which reverses the burden of proof for 6 months) has also been postponed. Otherwise, please contact me. I think I can help your girlfriend.

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