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Repair and replacement delivery

As a buyer, you basically have the right to choose. You are not bound by your choice - so you can also choose one at first repair request and later a Replacement delivery, say the exchange of your item. The seller is not allowed to create any facts even without your consent: If you request a repair, the dealer is not allowed to simply deliver a replacement device. However, if the selected type of supplementary performance is unreasonable for the seller, he can refuse and choose the other form. This can be the case, for example, if a repair would only be possible at disproportionately high costs. Whether the costs are disproportionate has to be assessed differently in each individual case.

For example, the seller may not refuse to replace a computer just because it would be cheaper to repair it. It also plays a role how serious the error is and to what extent the computer can no longer be used as a result. In addition, the dealer must not insist on repairs if the fault cannot be rectified in the long term. If, by all means, a replacement would be excessively expensive, you will have to settle for the repair.

Is a Replacement delivery the appropriate type of supplementary performance, only one attempt is reasonable for you as a consumer. If, for example, a replaced iron is defective, you can claim the purchase price back.

But also with one repair the seller is not entitled to unlimited attempts. The law stipulates that you, as the buyer, usually have to tolerate the rework at most twice before you can make use of your further rights.

In practice it depends on the individual case. Courts have already taken the view that in the case of technically complex devices such as a computer, up to three attempts must be accepted. Only one attempt can be reasonable

  • if you urgently need the purchased item,
  • if the goods have to be sent to the manufacturer for repair,
  • if the object is technically uncomplicated, such as a coffee machine or toaster,
  • if the seller has proven to be unreliable at the first attempt at improvement.

The seller alone bears the costs of any subsequent performance, whether repair or replacement. For example, he may not charge you postage for sending it to the manufacturer, nor spare parts or labor costs.