I sent my laptop (Microsoft Surface) for repair a few weeks ago (at Amazon - 2 years warranty).
Unfortunately, you could not repair the device (battery was broken) and therefore I have received a replacement device. This seems to be used and on the edge of the housing has dents.
I find a laptop, which cost over 1,700 euro really disappointing, after all, that's not a little money.
The lady at the customer service said that I should send the device back to Amazon and then the money will be refunded to me. I can't get a replacement because the laptop is no longer sold - but I have not received a return label until today.
When asked again, it was said that I should send the device back to repair… What do you want to repair a dent? I do not completely understand this.
Am I not entitled to a refund of the purchase price? I think it's funny. Will the warranty / warranty on a replacement device not be renewed or will it continue to run like the old one?
The seller has a right to make two repairs before he has to refund you the money!
No! According to §439, "The buyer […] may as supplementary performance at its option demand the elimination of the defect or the delivery of a defect-free product."
The buyer decides so whether repair or new / faultless device.
The dents on the housing are a defect, so no defect-free device was delivered. If the device is no longer sold on Amazon, then Amazon has to get the device just where else and send you. If you refuse to deliver a defect free device within a reasonable time then you have the option to buy the device elsewhere.
That's not quite right is further in the law:
(4) The seller may refuse the type of supplementary performance chosen by the buyer, without prejudice to § 275 (2) and (3), if it is only possible with disproportionate costs
As an aspiring merchant I can probably judge that better than a hobby lawyer like you!
First of all; it only counts the argument, not who brought it.
An argument must be valid even without the knowledge of the person who made it, otherwise it is simply not a valid argument. On the other hand, an invalid or a fake argument is not more valuable, even if it is provided by a dr. Or Dipl. Ing. Comes, regardless of whether it is their specialty or not. I think that should not be so hard to understand.
The further:
You do not even know if I'm a hobby lawyer, a lawyer with a doctorate, a business trader or perhaps just another trainee merchant.
I did not assume that this paragraph is relevant here, because there will certainly be somewhere such a notebook that Amazon, even if they have no more, then order from this other dealer and forward. That would not be a disproportionate cost for a long time to come.
