About a year ago, I bought a notebook from HP on eBay, the information also agreed, visually and on closer inspection of the details, hardware info, etc. Uf., first doubts surfaced when I looked at the back emblem / print: Here is a product number that does not exist! And the Detection Tool from HP did not find my notebook model. I assume that I have thus acquired a fake and recently I could determine this. I contacted the UK, he objected, he knew nothing about it and would have acquired the NB in the past by someone else and had contacted him, this presumed original owner but on vacation, then he has not reported.
I would like to know now, which right is entitled to me here, especially since in the meantime a partial defect occurred, the left speaker of said NB has failed. I can't sell the device (alleged forgery) under these conditions also, so that I damage.
As I said the fake is so unlikely good that a layman like me or anyone else, can't really come up with it.
Request for support. It is a private trade via eBay.
Dear questioner.
I would like to answer your question as follows:
The described circumstance is a material defect, due to which you are entitled to warranty rights. You should therefore ask the seller once to deliver you another notebook without the fake problem and set him a deadline. If he still has not delivered a proper product after the deadline, you can withdraw from the purchase contract. As a result, you can reclaim the purchase price and have to return the received notebook.
If necessary, you would have to claim your claim. The involvement of a lawyer is certainly not wrong here.
Is this also true for private trading as listed above as well as after the long time? As far as I know as a layman's warranty claims only with commercial traders to demand?
Your answer is wrong
Now after a year, there's no longer a warranty, since private sale!
As a private seller you can be drawn into the warranty for 6 months. They are around now. Thus, you have nothing on a claim
"on nothing"… So should I rest it now, although a fake product?
No, the answerer.
You can't do anything else, no.
It is too late
Dear questioner.
The statutory warranty rights exist both for sales of entrepreneurs and consumers. If these were not effectively excluded, you can therefore also assert your rights against a consumer.
Pretty bad. Well, be right and get R… Proof that justice is a little different from law and order. Can't change, tick off, we have nothing better in the "system".
I'm sorry to not give you any positive feedback.
I assume that I have thus acquired a fake
Hello,
Are you just assuming, or are you sure?
Also, I wonder why you notice these suddenly so unique features only after a year.
Please contact HP Support for more information.
If it is really a fake, then it is fraud and even after a year.
Then you can file a bill for fraud against the seller, which will not bring you the money or any other notebook.
Questionable, if its statement with the other previous owner at all true, or if it is only an excuse.
But the first thing to do now is find out if the part is real or indeed a fake.
Because of the broken speaker you will not be able to do anything after a year.
After six months, the "reversal of the burden of proof" occurs.
Even if the private seller did not exclude the warranty, you would have to prove that the defect was already present at the time of purchase.
Where the seller has the notebook is irrelevant. Your contract partner is the one who sold it to you. This contract did not come about because it was a scam under § 263 StGB. It does not matter if he knew about the fake. He has to take the part back and put the money out again.
Warranty is 24 months for new goods.
For used goods, it can be reduced to 1 year, but must also be explicitly mentioned, otherwise 24 months.
In a private sale, the warranty can be excluded, must also be mentioned explicitly, otherwise 24 months.
After 6 months there's a reversal of the burden of proof, i. In the first 6 months it is automatically assumed that the defect was already present at delivery, the VK would have to prove the opposite, he wants out there. After 6 months, the buyer must prove that the defect already existed upon delivery.
Either it's an original or it's a fake. Is it a fake it has always been. And if it was not sold as such, the goods already does not match the purchase contract. But just saying, 'The tool does not recognize it so it's a fake' but does not work. The buyer already needs proof that it is not original.
I would not give anything on the answers of this "lawyer", even if he wants to make the impression of a lawyer by his username. His answers are regularly wrong.
Again this ominous alleged lawyer!
What's the nonsense?
At the latest with this nonsensical answer you have unmasked yourself as an impostor.
If it is indeed a fake, then the "described circumstance" is fraud and has nothing to do with material defect liability.
In addition, a private seller can exclude the warranty, so here is not kkar, whether they are entitled to "warranty rights".
But for the sake of safety, I would like to point out that there's no reversal of the burden of proof in a private sale - this is not clear in your text.
Assuming the suspicion is confirmed and the notebook is indeed an (excellent) counterfeit, then m.E. The seller simply does not fulfill his part of the contract and still owes you a real HP notebook.
In all likelihood, he will not be able to deliver that, so that one could if necessary reverse the contract. This is easy in terms of paid money, but you can only return a notebook that is no longer in its original state. For this the seller could demand a compensation.
Alternatively, you could agree on a subsequent adjustment of the purchase price.
If that is already 1 year ago, then you can't do anything against it! Since it was a description of your private seller, there's probably no right of return.
If you buy / buy a notebook in Ebay then pay attention to the ratings that this Ebay member currently has. To which one can also look up since when the member is in Ebay with it.
If you e.g. Looks that the Ebay member is only recently and it has less than 5 positive reviews then you should rather stay away from it for security!
Often it happens that some people create in Ebay, so to speak, only a quick account to drive their essence and then terminate him again. I do not know if this could have been the case with you.
But these are things you should pay attention to. Maybe it can be synonymous but that your HP model is simply very outdated and it is therefore no longer found.
What else could you do, check the notebook with an HP dealer. If it turns out that it really is a fake then you can keep it or throw it away.
But I would use it then normal on your site if the notebook is also to use normal office applications. As long as you do not sell it somehow then you do not have to think so much that it is a fake.
