According to chapter 5 section 13 subsection 1 of the Consumer Protection Act, the goods are defective if they do not conform to the information provided by the seller on the characteristics or the use of the goods when marketing the goods or otherwise before the conclusion of sale. The Supreme Court stated, when assessing evidence, that the significance of information provided in the online shop must be underlined as it often forms the main basis for the consumer’s purchase decision. When taking into account the information on the leaflet as well as additional information received by email, the plaintiff had formed a general understanding of the device’s heating efficiency in the described conditions. Furthermore, the later modification of the leaflet supported the plaintiff’s claim. The defendant had not presented any evidence to support his claim. The Supreme Court found the device defective.
According to chapter 5 section 19 of the Consumer Protection Act, the buyer shall have the right to cancel the contract, unless the defect is of minor significance. The defect had been in the device which had been acquired for the purpose of being the main heating system of the house. The Supreme Court found that the defect is not of minor significance and, therefore, afforded the plaintiff the right to cancel the contract.
URL: http://korkeinoikeus.fi/fi/index/ennakkopaatokset/precedent/1427437945880.html
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