Clinker shows damage

Something different about the seller, I just saw a reference project on their homepage. Under the motto: this stone was supplied by us.

I recognized the project, a friend built it, he is an architect.

I just called him: oh, you also got your stones from that seller?

He: No, how do you come to that? The seller was xyz and he got the goods directly from the manufacturer (also gave me the name)

Me: Sent link from the homepage.

He: What liars.

I as a buyer wanted a clinker and nothing else, this is not about "suitable or unsuitable" for me.

No question, if you ordered that, you have to get it.

If you had only ordered "Vorsatzschale" (!), you would not have committed yourself. It's like ordering a "car," then the supplier can deliver either a petrol or diesel one. I'm just saying that the argument "unsuitable" doesn't hold.

As mentioned, everything was agreed upon verbally, there was no mention of "Vormauerziegel," afterwards I received an order confirmation and then an invoice, both documents state "Klinker/Verblender." I just looked again through the correspondence, I have mentioned the word "Klinker with the exact model designation of the stone" several times.

As I said, everything was agreed orally

There is a saying, "In court and on the high seas, we are alone in God's hands." Whether there is an escalation of this for those who sue without a written contract, I can't say right now.

There is a saying "In court and on the high seas we are alone in God's hands." Whether there is an escalation for those who sue without a written contract, I can't say right now.

I think you misunderstood or I expressed myself poorly....I repeat:

- agreed verbally -> want exactly this "Klinker" xyz
- it was confirmed to me in writing -> you will get exactly this "Klinker"

Result: I got something different

If you ordered one thing and received and were charged for another, that is fraud.

But fraud requires intent.
It could also simply be a mistake, and the person responsible doesn't necessarily have to be the seller.

I would be very cautious about that.