Receiving a defective glass door - Report the defect?

Hello everyone!

We ordered a custom-sized glass sliding door (73*210). The local dealer ordered it for us, and we picked it up on Friday and properly transported it to our apartment (1.5 km away from the dealer to us)! I was really looking forward to this door because it was supposed to be a little highlight in our renovated apartment... After the transport, we carefully set it down. Of course, I wanted to admire it (since it was packed in a box). After unpacking, I had to find that the glass has 3 damages, precisely on the side that will be visible in the future! Very annoying!!! Not even half an hour had passed, and I was standing with proof photos again at the dealer, but they postponed me to Monday because the management was not there. It is Monday, and I call there, get forwarded to the manager who shows understanding but wants to fob me off with a 50€ discount (600€ purchase price) and tells me to activate my glass insurance in a few months to get the damage paid... That sounds to me like clear incitement to insurance fraud! Now I have asked the manager to come to me personally in the next few days and look at the damage on site, although I suspect that not much will come of that. By the way, I have not paid any money so far.

What would you do?
What cancellation rights do I have? (custom size)
Should I involve a lawyer because of the incitement to insurance fraud?

Purchased and defective. Repair is probably ruled out here, therefore replacement. Especially with a glass door, one generally expects intactness, at least at the visible edges. It also cannot be ruled out that someone (e.g., children) could injure themselves at this point.

Replace the door and only pay once you have received defect-free goods.

And what he is supposed to have advised you or not only matters if you can prove YOUR claims! If you can't, drop it, otherwise you'll be the one liable for defamation...

Voki is the lawyer here and knows the case law better than I do. I always see such things ambivalently. On the one hand from the customer's perspective and on the other hand from the dealer's side. You have described the customer's perspective. But who guarantees the dealer that you did not improperly place the door when unpacking? You apparently did not order a delivery, so transport damages would be your responsibility. It is always unpleasant if you do not inspect the received goods immediately. As a merchant, to my knowledge, you even have a duty to inspect upon acceptance. The Building Code is somewhat more customer-friendly in this regard.

It's really not that difficult. The goods must be handed over free of defects. The risk passes with the handover of the item (that is, grabbing and carrying away the box). Normally, the buyer (transferee) would have to prove that the defect already existed at the time of the risk transfer. However, this does not apply to consumer goods purchases, as the reversal of the burden of proof (§ 476 Baugesetzbuch) stipulates that within 6 months from the transfer of risk, the seller must prove that the goods were free of defects upon handover. He will not be able to do this, since he himself did not inspect the goods upon acceptance (who actually opens every box) and furthermore did not examine it upon handover to you.

Don't make it more complicated than it is.

I would simply ignore the recommended insurance fraud. Such a thing should not even be considered in the slightest.

Toitoitoi.

@ Musketier

I am not sure if the OP should have checked upon collection; Volker knows better how to answer that. Although I also wonder how the person causing the damage can be determined.

With commercial customers, however, the risk passes as soon as the goods leave the seller.

Rhenish greetings from the road