Can customers refuse the warranty service?
In the sphere of statutory/legal warranty customers are entitled to choose between exchange or repair, unless the required service is associated with disproportionate costs.
- 🇦🇹 § 12 (2) and (3) VGG
- 🇩🇪 § 439 Nr. 1 and Nr. 4 BGB
In the sphere of contactual/voluntary guarantee, the supplier has the right to choose whether they will repair or replace.
This however does not apply for repeated returns.
Device not in stock after valid warranty claim
See: Contractual warranty/guarantee
Supplier may choose between repair and exchange according to the warranty conditions available on the refurbed website.
Strictly speaking, the conditions regulate that in case of an impossibility to repair, the supplier must arrange an replacement “*In the case of replacement, the old appliance will be replaced free of charge ***with an appliance of equal or higher quality (same type and grade at the time of the warranty claim and of the same type).” but also “Alternatively, the supplier can refund the consumer the value of the appliance.”
If the device is not in stock, the requirement of "same type" is impossible to meet. Furthermore, the supplier has the alternative option to refund.
Concluding: If the customer’s device is not in stock anymore, the supplier only has the option to refund.
See: 🛡️ Legal Warranty (Statutory Warranty)
Statutory/legal warranty
Customers are entitled to choose between "Primary warranty claims," which include "improvement" and consist of either repair or replacement. However, if one of the two options is associated with "disproportionate costs," the customer may not choose freely. In most cases, replacement is usually far more expensive than repair.
If, due to no available stock, the above remedies are impossible, the customer may claim "second warranty remedies," which include price reduction or contract termination (only if a grave defect is present). Price reduction is not applicable in this case, as no stock is considered a grave defect.
Therefore, only contract termination is applicable, which leads to a refund.
Concluding if the customer's device is no longer in stock, they are entitled to receive a refund.
Legal Grounds
🇦🇹 §§ 12 (4) Nr. 3, 15 VGG
🇩🇪 § 440 BGB
Do suppliers have to prove that the device in their picture is the customer´s device?
If there are uncertainties regarding the condition or authenticity of the item in question, both the customer and the seller should provide evidence to support their respective claims. In such cases, consumers typically have a lower burden of proof compared to sellers. This means that consumers may have an easier time demonstrating their claim compared to sellers in resolving any disputes or conflicts arising from contradictory pictures or evidence provided by both parties.
See also: ⏱️ Deadlines & Burden of Proof
Customer goes to a repair shop
Customers can only have their device opened by a third party if the seller previously agreed to it. Otherwise, they may lose their warranty claims.
→ This is also mentioned in the Quality Charter for CE Chapter 3.6. i) “Opening of a product by an external source”.
Generally, the seller must inspect the device before rejecting a warranty claim. This means that the customer must return the device to the seller for assessment.
See also: ‼️ Excluding warranty or guarantee
If the supplier rejects the warranty claim without evidence, they are not complying with both the statutory and contractual warranty
See also: ⏱️ Deadlines & Burden of Proof &
The customer is not entitled to repair costs by a repair shop if:
The customer went to a repair shop without giving the supplier the chance to inspect the device, although the seller either offered, or was never informed of the alleged defect in the first place.
💡 Exemption! Damaged/bloated batteries, as they must not be shipped. Therefore a repair shop must first remove the damaged/bloated battery.
The seller rejected the warranty claim based on a previous inspection of the device, including test documentation that prove that the defect did not exist before the product was shipped to the customer in accordance with ‼️ Excluding warranty or guarantee
Legal grounds
- 🇦🇹 Austria: VGG
- 🇩🇪 Germany: XX
- 🇪🇺 EU:
Quality Charter for CE Chapter 3.6. i) “Opening of a product by an external source”
Are customers entitled to repairs as soon as they mention "Gewährleistung" regardless of supplier country?
Customers are generally entitled to have the devices defects removed under warranty laws.
In the sphere of the legal/statutory warranty (”Gewährleistung”), the customer in fact has the right to choose between exchange or reparation, unless the required service is associated with disproportionate costs.
- 🇪🇺 Art 13 Nr 3 Directive (EU) 2019/771
- 🇦🇹 § 12 (2) and (3) VGG
- 🇩🇪 § 439 Nr. 1 and Nr. 4 BGB
In the sphere of voluntary/contractual guarantee (”Garantie”) the supplier has the right to choose whether they exchange or repair initially, but for repeated returns, that is, starting from the 2nd return, the Quality Charter for CE (access via Merchant Information) regulates in its Chapter 3.2. that the customer may choose between product replacement or refund, starting from the 3rd return, a refund is obligatory (unless the customer wishes otherwise).