I have the following request:
On 06/12/2018 I bought a laptop from Saturn for 420, - € for my mom. Since it was a gift for Christmas, of course, we have it only on 26.12. Unpacked and noticed that the "L" button is not working. So we have 30 min. Put into the car and then strutted through the pedestrian area to Saturn so that the "nice" gentleman says: "No, a conversion is not and there's no money back, the MUST be sent and that may take time because they had to have over Christmas So you can expect at least 3 weeks waiting time! ". So we're desperate and annoyed as we were, thought otherwise it is not then. There's now no replacement and money we do not get to buy a similar product and then of course agreed to the repair which I had to sign right away…
I'm annoying myself now all day and Google for all sorts of things… I would be entitled to a replacement device, unless it would be unreasonable to the seller, but in this case, but I think not true, is not an Apple device for 2.500 euro…
My question:
Can I request a replacement device? Or can I still do something because I gave my signature?
I feel absolutely crazy!
Well, there's Google in error.
If there's a defect of a device not caused by the buyer within the warranty period, or if it was already delivered with a defect, the buyer has the right to free removal of the defect. This means that the manufacturer has the right to try to repair and repair this defect two times in a row.
Only if there's a third time to this defect (still within the warranty period, which begins again with each repair of a defect), the buyer has the right to conversion. This means he gets his money back or he can ask for the same new device.
All other solutions are goodwill and can't be claimed.
ADDENDUM:
After looking at a few pages on the net, I found out that the warranty right is now regulated differently than I learned in 1996. And since I worked as a retailer for only a year, I could not hear the innovation through training.
"Version based on the Law on the Modernization of the Law of Obligations of 26.11.2001 (https://dejure.org/BGBl/2001/BGBl._I_S._3138), which came into force on 01.01.2002"
So since the 01.01.2002 the buyer has the choice to have a replacement or a repair. The right to change (withdrawal from the purchase contract or reduction of the purchase price), however, is still only after the third fruitless repair attempt by the manufacturer.
In this respect, the FS should talk to the head of department or even higher and point out. The paragraph reads:
§ 437 BGB Rights of the buyer in case of defects
Of course the repair approved which I had to sign right away…
What a mistake was.
If the device was already defective on purchase, you are entitled to a replacement device.
If the dealer can't procure this, or the procurement is unreasonable, he must take the device back for reimbursement of the purchase price.
You do not have to get involved in a repair. However, since this has been agreed, the dealer may possibly rely on it, which then the thing with the replacement device would be obsolete.
Thank you so much!
Yes, I thought so too, but I think I had no other choice because he said yes to me, I would not get a replacement device or the money back. So what else could I have done if, unfortunately, you do not know anything about his right at this moment? Ie. He has made false statements to me and I try to go against it. A witness I had at that time, which he said as it said it would only repair.
So I was back in the market today and have told the lady how the situation is and that I want a new device.
Of course, it was based on the fact that an extra delivery is of course too expensive for them and they therefore have the right to refuse. I asked, what are your costs? The repair does not cost them anything, because the manufacturer does that. Well it was a back and forth and I would not get any… When I told her that it was a Christmas present, she apologized and said she did not pay attention to the date and that they sometimes have special rules on such days… This one says, that there's no equivalent device, but only one if I pay on it. So since I was there for the third time with 30 min. Easy way to travel, I've paid for it and got a new, better, more expensive laptop… Everything else would not have been possible… It is very, very sad that Saturn has such regulations… And no, it's not the same with everyone. Media Markt has already changed things without hesitation… Even DIY stores like Globus take z. After 4 weeks still wall paint without hesitation. Well, it's a big field to discuss… If in our company is not satisfied with his goods, he gets replacement and we make custom-made. With us, there's even only the way into the bin… A pity that Saturn it does not even get it if we can do it and we're smaller and we hurt something more…
Despite everything I wish you a happy new year 2019.
How often?
You are not entitled to a replacement device! You are entitled to repair! This one MUST give the manufacturer the opportunity to repair the goods. He if after repeated rework no answer receives one has the right to resign or replacement.
