Seller refuses to provide warranty

Questioner

Bought a lounge set last year (now about 1 year and 2 months old). Last week I discovered that the aluminum was cracked in several places. Reason: During the frost period, water entered the frames, froze and caused the aluminum to crack. Result: the lounge set looks visibly damaged and will soon crack further, making the item unusable. I immediately informed the store of this defect. However, they say that this is not covered by the warranty. They say that it should have been covered outside and that the damage could have been prevented. I pointed out to them that covering a lounge set can cause mold and that covering it can cause damage. Not covering it was therefore a conscious choice. I can also assume that a lounge set of around 1400 euros will last longer than 1.5 years. In any case, you do not expect damage of this nature. The article has also been used normally and is free of other damage. However, the seller does not want to cooperate and simply hides behind the fact that it is not covered by the warranty. I would like to claim my rights (if I have them?). How can I approach this and what can I point out to the seller?

Lawyer

The seller is being very simplistic when it is stated by definition that this would not be covered by the guarantee. Such a judgment always depends on the circumstances of the case, the statements of the seller, the justified expectations about the product and the care that may be expected from the consumer, for example. If a product does not meet the justified expectations, a consumer is entitled to repair or replacement on the basis of art. 7:21 BW. You clearly indicate that mold can develop if the lounge set is covered. As far as I know, this is indeed the case with wooden lounge sets, for example. It is wise to check this for your lounge set and clearly describe the situation to the seller. A balancing of interests/assessment will have to be made with regard to the above. Please feel free to contact me via my profile if you have any questions or require legal assistance.