Withdrawal from the purchase contract?

I bought a very expensive laptop on Nov 19.

However, it gets really loud and hot in the smallest of applications. So loud that it bothers the other people in the lecture a lot. So I often can't / don't want to use it.

It was therefore under repair in December. The battery was replaced. It was still way too loud.

So it was under repair again in February. They exchanged fans and thermal grease. Still didn't work and he's still blowing way too loud.

I have a 3 year guarantee (still 1.5+ years)

I was just suggested that it be under repair. But I'm currently studying and actually need it.
Can I claim my money back? I really don't feel like doing the whole thing anymore.

Can I claim my money back?

First of all, no.

There would be a possibility, but it is almost impossible to implement in practice.

No, not anymore. 3 attempts at repair must be permitted.

No, you don't have to. A rework is considered to have failed after the 2nd attempt.

And if repair number 3 doesn't help either?

First of all, no.

Yes, there were two unsuccessful repair attempts, so a withdrawal from the purchase contract is possible (440 BGB)

Then new device.

What kind of laptop is it? Heat dissipation is a regular problem with gaming laptops.

If it otherwise works, there may not be a material defect, as this is a typical design phenomenon.

Replacing the battery was of course more than pointless if noise is the problem…

But I don't think they were repairs as part of the warranty but as part of the guarantee.

Otherwise it would be pretty stupid from the manufacturer's point of view what he does.

You can withdraw from the purchase contract here due to the two failed repair attempts. This results from 440 BGB:

Except in the cases of Section 281 (2) and Section 323 (2), the setting of a deadline is also not required if the seller refuses both types of supplementary performance in accordance with Section 439 (4) or if the type of supplementary performance to which the buyer is entitled has failed or is unreasonable for him.
A subsequent improvement is deemed to have failed after the unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances.

https://www.gesetze-im-internet.de/...__440.html

It depends. You write something about guarantee. A right of withdrawal is stipulated in the liability for material defects of the BGB. If you rely on the guarantee, then these provisions apply. The other is the legal guarantee.

According to the legal guarantee, you have various options in the event of a material defect, including withdrawing from the purchase contract.

So there must first be a material defect. Even if you could see it in the loud noises of the laptop (I have my doubts, because it can be used without any problems), you have to look at your rights.

You have 3 options. Either have it repaired, a defect-free device or withdrawal from the purchase contract. Because you have already decided in favor of the supplementary performance, the withdrawal is no longer applicable.

Now it would still be conceivable that a withdrawal due to failed subsequent performance is possible, but you would first have to set a deadline. In the case of an insignificant defect, however, you can't withdraw from the contract. That's how I see it in this case.

Apart from that, a resignation also has consequences. You have to return the mutually drawn benefits. The seller could therefore deduct an impairment or use.

No, not a new device either! Newly certainly not at all, if then free of defects and for this there would have to be a material defect according to 434 BGB and I doubt that.

But only if we're within the scope of the statutory guarantee, there must be a material defect within the meaning of 343 BGB and it must not be an insignificant defect

https://www.gesetze-im-internet.de/...__323.html

I don't see the first as given because the questioner writes about the guarantee and I don't see the second as fulfilled because the laptop can be used. Therefore, an insignificant defect comes into consideration for me and therefore no withdrawal.

But only if we're within the legal warranty

Indeed that is correct.

I don't see the first as given because the questioner writes about guarantee

Come on, it wouldn't be the first one who couldn't tell the guarantee and warranty apart.

I don't see the second fulfilled either, because the laptop can be used.

Well, he can't use it without restrictions due to the volume and the dealer or manufacturer has already tried to repair it twice. So I don't share your view here. In order to take a closer look at this, you would have to know the item description here. At the latest when a product feature "quiet fan" or something like that is promised, this is no longer an insignificant defect.

D'accord

but you have to add it ;-)

But is not a gaming laptop. It's a convertible that's actually meant to be taken down on the display