Dealer does not want to take back a defective notebook What should you do?

In an ordinary one man electronics store, I bought a notebook. This had from the outset several defects. The notebook was sold as new and unused.

Already at the first switch on saw that this device has already been registered with an account. Immediately you noticed the extremely loud Spulenfiepen. Spooling is still fine up to a certain volume. However, my purchased device was very loud.

The following errors occurred while testing:

The touchpad reacts about every 15 minutes for about 1 minute or it does not jerky. The time, however, varies.
Letters on the keyboard are written multiple times although only once pressed or letters are forgotten.
There are artifacts on videos. This happens relatively rarely. Only 10 times so far. If you rewind and replay the scene, everything is fine, so it can't be the video.

So I brought that device back the next working day (today). The seller said that nothing could be broken because it is new. I left the device there for a few hours to be checked.

Now when I came back, they told me everything was alright. Everything would have been checked. That would have been my mistake because I did not finish the drivers. I said I formatted that device several times and installed all the drivers. Both via the Device Manager as well as via the manufacturer website and Windows updates. But the seller was hairy, I had not installed the drivers. He said he was a computer specialist and that everything was fine.

I referred to the extremely loud coil-fizzing. In response, these are the fans. The seller became more and more angry. He made me look like the last idiot. Finally, he asked me to leave.

Do you still have the receipt and you know if warranty is on the notebook? You do not have to put up with that. Attempting to take pictures of the visible problems with date and then you should contact him again by e-mail with the clue that you turn a lawyer on if he stays with his statement.

So of course you have 2 years legal warranty claim against the commercial dealer. It is irrelevant, whether still original welded, or unpacked.

There was times a BGH judgment because of these blister packs, which then said that even an exchange of such in the open state is possible.

Teach the salesman once to his duties and wave times through the flower with legal action. If there's something in his shop, an exchange should be feasible, unless he sells goods from dubious sources. (Which I do not assume)

Another problem would be the waiting time for a repair or exchange. That takes a good two months. Fact is the device was purchased as new, but was broken. And now I have to wait so long for a repair? If I had the device in use for a while, but you could not understand this with a new device.

I would in your place simply resign from the contract gem. §§ 437 No. 2, 323 (1), 326 (5) BGB. The laptop was sold as new. New means unused. The laptop can't be moved back to the new state. He was already deficient at the time of the transfer of risk, since apparently a user was registered. From your question is unfortunately not clear whether a computer of this model in new condition or just this laptop was owed in the state new.

Insofar as a purchase contract for a laptop of a certain genre has come about, you have to set a period of grace for the seller, within which he has to fulfill the primary obligation for the defect-free performance. In my opinion, the rejection of a legal duty does not yet constitute a serious refusal to fulfill its obligations.

After the deadline, you can also claim damages.

Nene… He has to give you a new device the way you originally bought it.

Guarantee is completely irrelevant.

The dealer has a device to a customer, the consumer is sold. He owes this so the material defect liability.

If the dealer can't prove that the damage is due to user error of the asker, he must eliminate the defect at his own expense.

Please do not give answers if you have no idea. Read § 433 BGB before the next brainwave lands here.

But when one of them spits out a great sound, your Majesty has been searching so far to be able to press one on the eye. So that is guaranteed with a replacement in the case at any time is not true?

Guarantee is a voluntary service, mostly of the manufacturer.

Warranty aka material defect liability is a legally required obligation owed by the dealer.

Then try and give him some advice instead of stabbing me! And let's say what Top55 has written, it's about warranty!