Dealer refuses revocation on mobile phone?

I bought a cell phone from real.de, which was sent with the wrong charging adapter and whose camera is not working properly. The dealer who sells it through real does not want to take it back. But actually there's a legal right of withdrawal of 14 days.

When the cell phone arrived it was not charged and I could only charge it via my laptop because the cable has two USB c ports and the adapter has a normal USB port on the packaging. The cable is not damaged. I got it back in afterwards how it was.

I charged the cell phone up to 10% and then switched it on and tested it. The camera flickered and the quality was miserable, although the cell phone should actually have a very good camera. I reset everything so that you have to set everything again when you switch on. I had not used it but just tested it and now the seller says that they will not take it back because it was in use. But actually they have to take it back.

I'm right or am I wrong? On the Real side there's also a 14-day right of withdrawal.

How long have you been able to sell as a private person at Real?

This is not a private individual where sold, but a dealer. And they don't want to take the cell phone back.

He has to take it back. It probably makes a difference. Insist that he take back the device!

So I understand that correctly?

You bought it from Real, the big chain?

And there was a dealer who sold the cell phone?

Have never heard that Real allows other dealers to sell with them, only the chain itself. But he has to take it back himself.

Yeah right. This is a Real partner who sells this through Real. However, this partner must send me a return form and parcel sticker or at least a return address. And they don't want to take it back.

If you bought from Real, is Real your contractual partner?

However, you can't rely on Real's General Terms and Conditions if your contractual partner is the dealer.

What does Real say? How did you register the return, maybe the dealer is exercising his right to repair?

That is a partner of Real

then contact Real if it's really a "partner"…

At real stands you have to contact the dealer. You can also choose why you should contact the dealer. So I sent a request for return, because Real itself does not accept it. My contract partner is actually real because I sell it through Real, because it works like Amazon. So I contacted the dealer via Real and also gave my reasons and they don't want to take it back.

Yes, I have already switched on the customer service and hope that I will get confirmation. I have no desire to hire a lawyer for such a kindergarten.

https://www.real.de/versandpartner/haendler-grundsaetze/#9

Any complaints on our part or directly from customers (complaints) must be responded to promptly within 48 hours (Monday to Friday on weekdays, excluding public holidays). The same applies to communication with customers in connection with revocations and returns. If there's no response, we reserve the right to decide the matter in favor of the customer or in real terms.

With regard to the revocation, you as a dealer must also ensure that at least the minimum legal requirements are complied with. A better position of the customer is of course possible at any time.

Send a complaint to Real with your emails.

You are in the right of the dealer inventing what yourself if you would have used the cell phone this time, you can return it or demand what was promised to you, so a complete and fully functioning cell phone. Just go to real and get your money back there, which is also possible and then the dealer gets into trouble with real.Within the 14 days you can always get a product like this even without real reasons dubious dealers who do not want to fulfill the guarantee.

I have in the meantime

If necessary, the revocation to the dealer by fax, provided you have these contact details.

Otherwise good luck.

You have a basic 14-day right of withdrawal for online purchases, whatever the retailer doesn't want doesn't matter.

Pack the cell phone back in, enclose a short letter stating your full name and address and then write that the purchase is against, do not forget the date and signature, and simply send the thing back to him.

Choose a shipping method with which you will receive a receipt, actually the retailer has to bear the shipping costs, but again it is better to carry it yourself and send it as a package, then you have a receipt and can prove that you have sent it back.

If after a week you have not received the purchase price, you can have it reimbursed by the bank and inform Real that he has denied you the right of withdrawal

https://www.evz.de/de/verbraucherthemen/einkaufen/onlineshopping-meine-rechte-beim-einkauf-im-internet/widerruf-beim-onlinekauf/