Clinker shows damage

A seller is indeed liable for his sales behavior/business, the question is, if the manufacturer does not declare this stone as a "Klinker", why does the seller do it then?

My suspicion is that the seller does it for "marketing reasons", it sells better? This is just a suspicion of mine.

But fraud requires intent. [...] I would be very careful with that.

Fraud is a criminal offense, so the complaint is reviewed by a professional prosecutor in the form of the public prosecutor, who does not file charges lightly. You can provide them with facts and leave the evaluation to them.

It can also simply be a mistake, and the person responsible does not necessarily have to be the dealer.

In consumer law, there is effectively the principle "in case of doubt, against the full merchant."

Update:

The opposing party assumes that I regretted the purchase because I only paid a part .......

They hardly address the damages, only stating that there are no damages.

Additionally, I gave them the opportunity to repair/replace the damages (which I can also prove).

Of course, I have paid both the damaged clinker and the new clinker at once, I have already proven that, apparently the lawyer is not interested in the matter and does not read into it.

Have a nice weekend!

I have just completely recapitulated the thread again. Could it be that the "intermediary" here simply sold complaint returns or recalled goods?

The recalled goods should be with the manufacturer, they should be supplied if needed. I also have everything in writing.

Greetings,

an update:

the expert appointed by the court had inspected the stones, many stones are indeed damaged, but he also confirmed that it was not clinker, but a facing brick.

I had told my lawyer to inform the opposing party that I would be willing to waive the penalty interest if the purchase price was refunded to me 100% (they had once proposed 60%), The offer was ignored, then we made another proposal and suggested 90%, again no response, the deadline was until 16.03.22.

After my lawyer submitted the new proposal to the opposing party, we received a letter from the court a few days later stating that something other than agreed was delivered, namely facing bricks instead of clinker. The expert was asked by the court whether a further inspection of the remaining stones in the factory would be necessary.

On 15.03.22 the opposing party suddenly wrote that for "economic" reasons, the proceedings should quickly be ended by a settlement and asked us to specify our settlement.

Advantages of the settlement:
- the proceedings are thus quickly ended, the stones will be picked up promptly and I will receive my money.

Disadvantages of the settlement:
- I would lose about €2500 (due to the elimination of penalty interest and assuming 90% of the cost of the stones)

My lawyer wanted to prepare a draft again and send it to me afterwards, then it will be sent to the opposing party.

But I can still stop it.

Would you basically let it come to that or would you want to accept the 90%?

Thanks and regards