Q: Last week I bought a set of branded screwdrivers to give them as a gift, for which I paid €200. When I gave the present to the person I bought it for, we realised that the screwdrivers were of the wrong shape. I know this is my fault, as I did not check them out before buying them. I still have the original receipt and the box of the screwdrivers is still sealed. Do I have any rights? Please note that the owner of the shop where I bought them from ordered the set of screwdrivers specifically for me as he did not have them in store.
A: The Consumer Affairs Act gives consumers the right to a free remedy when the product purchased has a latent defect. Since in your case the screwdrivers are not defective but you chose the wrong model, then under the Consumer Affairs Act you do not have the legal right to ask for a remedy from the seller – unless you made a pre-sale agreement with the seller that allows you to return the unwanted screwdrivers to exchange them with something else or get a refund.
If no pre-sale agreement was made, then it is entirely up to the seller to decide whether or not to accept back the screwdrivers.
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