Let's get back to our post from last time, namely, our rubber doll Shania. So we ordered on this wonderful specimen. It is a neutral package is delivered, we pack it full of anticipation of Shania and this time there, too. We blow on. And then this: Shania has a hole - and at one point, belongs to none at all, one escapes from the air!
Such a shit! Because this time we have not found a partner, but are dependent on Shania. We have therefore continued interest in Shania, so want it to be made intact or replaced in the worst case against another Shania. As we get towards that?
Whenever we buy something from a seller and the thing has a defect, are we to defect warranty rights. That is, we have the choice of the following: subsequent performance, withdrawal from the contract price reduction, damages or reimbursement of futile expenses (§ 437 Civil Code ). Since we Shania necessarily want to have without the extra hole, we opt for the remedy.
remedy means that we can, at our discretion to remedy the defect or delivery of a new item ( § 439 paragraph 1 Civil Code ). The place to meet where the seller has the obligation, is the place where the goods after their purpose is, as a rule, so the buyer. This means that the buyer must come to us to repair the old thing or to provide us with a new thing. The transport, infrastructure, labor and material costs are borne by the seller.
If we do a repair that might look like our letter follows:
us is a new Shania prefer, we could write the following letter to the seller:
is important that we set a deadline to the seller. Only if we do, we can withdraw in a second step of the purchase agreement, reduce the purchase price or Schadenseratz demand.
is somewhat more complicated to answer the question whether we return Shania directly with our time call to the seller. This we should do only when a contract has been completed with return. For only in this case the seller has to bear the cost of returning finishing. However, our contract provides for no right of return, the seller has the duty, but also the right to pick up the item or repair it with us. If we send them back to him unsolicited, then we have to bear the cost of transport. Something seems odd, but Sun The lawyers called the handwritten Returning self-execution, the law now not allowed.
follows: The seller must be required first to carry out the repair or replacement at our premises. At the same time we offer him our letter that we can send them the item on his expense. Can the seller on this one, he has to bear the costs.
Well, they are the lawyers: cumbersome, incomprehensible, far from the reality. But why just when it's too complicated?
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