I bought a new laptop about 2,000 euro about 5 months ago. This now has a damage that falls under the 'guarantee'. (Ie, I have no fault for the damage. (Internal damage))
Now the company wrote me that I should return the laptop and that they check it for mechanical and optical damage and refund me no damage found the purchase price.
Now it is unfortunately so that he is slightly pushed in at one corner (minimal) and next to the touchpad has a small scratch (minimal).
Does the company still have to refund the full purchase price?
Actually, these are 'normal' traces of use that can happen?
I'm not so good with civil rights, but I'll try to answer.
M. E. After that it comes under the guarantee, if the external damages are not connected with the actual problem. Say if, for example. The housing bottom left has a dent (caused by you) and underneath is the hard drive, the warranty may be extinguished.
But if there are only a few scratches, etc. (which have nothing to do with the eig problem) it is nevertheless under the guarantee.
The next thing is that (as I understand it) the company has the burden of proof. So that the company has to prove to you that you are to blame for the damage.
See also cf. §443 (2) Civil Code
Insofar as the guarantor has provided a guarantee that the item retains a certain quality for a certain period (durability guarantee), it is assumed that a material defect occurring during its period of validity justifies the rights under the guarantee.
. Now unfortunately it is so that he is slightly impressed on a corner (minimal) and next to the touchpad has a small scratch (minimal).
A "little scratch" will probably not be a problem - a laptop housing "depress", this already includes more violence. The make is often the result of a fall on a hard surface or arises when trying to open the part.
Of course, components inside the device can break as well.
Therefore, expect inquiries or cuts from the manufacturer.
Should I slander that I have accidentally inflicted the defect? Or what do you mean by that?
No, actually I would just send the device back. I assume that everything is going well. However, if they refuse to pay the purchase price, it would be worth considering doing so in civil law. And when it comes to that, you do not have to worry so much, because the company has to prove to you that you carry the blame and that is in the case m.E. After almost impossible!
But do not worry, I'm assuming that they'll just pay everything like that.
I do not think so. In intent, the manufacturer and insurer have nothing. In addition, he will anyway get only the time value refunded, after all, he has needed the part 5 months.
This is like a new car, he drives from the premises verlertber already to who.
- already losing value.
Yes, intentionally true, but as I understand it, the manufacturer still has the burden of proof, and it is always quite difficult to prove the precedent.
The full purchase price is certainly not, but max. The time value.
I was lucky. My iPad pro had a crack across the display from the inside almost 5 months after purchase. Invisible from the outside, flawless svhreiben was almost impossible.
Apple has picked it up and let it extensively tested. They discovered a mistake during production and replaced the device with a brand new one, including the engraving.
I have read the test report, the madness of what to do with defective new equipment. My iPad was otherwise flawless, that was checked first. Improper use (scratches, dents) would be 100% flown up.
Well, try not to deflate the laptop before shipping…
to "push in" a laptop case, this includes more violence from:
Louping
Since he is absolutely right, the manufacturer will not like… To what extent depends on the manufacturer…
