Assistance in terminating an agreement

Questioner

A year ago we bought an electric bike 'brand name', worth €4,965.96 from B 'company'. The bike has broken down several times, including a broken engine, engine stalling, reduced range and power of the support, and finally a defect in the engine again. We use the bike for commuting and due to the defects the bike has not been usable for more than three months. The bike shop has repaired the bike each time, but we no longer have confidence in the bike that keeps showing defects. In a letter we have requested the bike shop to dissolve the purchase agreement, because the bike is defective, and to refund the purchase price. The bike shop does not want to do this, because the bike has been repaired and that it has already been used. We have consulted with them several times in the shop and by email. They offer to either use the bike, or sell it themselves or that they sell it for us. Last week we sent an email back in which we maintain our position to cancel the purchase. Because the bike has already been used for a year, we expect that we can take into account the legally determined depreciation. The option that the bike shop wants to sell the bike for us could be an alternative. A condition that we have set is that we receive a fixed amount in advance. We have not yet received a response to this. My question is what my rights are and what is reasonable in terms of a solution and how we can encourage the bike shop to cooperate in finding a solution.

Lawyer

Good afternoon, Annoying situation you are in. I assume that you bought the bicycle as a consumer from a professional party. Usually you have to have the seller repair the product before you can invoke termination. From your story you have done that several times. Have you already requested termination of the agreement after one of the defects and if so, when did that take place? In principle, termination is possible if the seller has had the opportunity to repair the defect and has done so without success. In order to determine your legal position, it is also important to go through all relevant documents (copy of invoice, correspondence between parties, etc.). Feel free to contact us without obligation to discuss the possibilities. Kind regards, Mr. Mr. S. Leito FerLei Legal 06-49175526