My sister ordered a game for the Nintendo Switch from Amazon through a third party.
It was a gift. When I unpacked it and wanted to test it, it kept crashing, hanging, and breaking in. Her friend and she tested the game on their own console. There was exactly the same problem.
She had informed the seller and said that the game was broken. The seller wrote that he would only take the game back unopened. So you couldn't have tested it?!
She has turned on Amazon who gave an a-z guarantee.
It was 2-3 weeks ago. So the order.
Tonight the seller got in touch and said that she should send the game back (at her own expense) and then, after checking it out, deliver a replacement.
In the meantime, we no longer need the game and got it as a download. My sister would like her money back.
However, the seller refuses.
what are our rights here?
You have complained about a defect, the seller can correct it.
The seller bears the return costs in the event of a material defect.
The seller has the right to rectify complaints. So he can actually send a new game.
The seller can make improvements here, which means delivering you flawless goods. If you buy the game twice (once via data medium and once via download), this is your problem.
You could also simply speak to the retailer that you would like a different game because you have already purchased the game by downloading it due to the long processing time.
The dealer can do that as a gracious thing, there's no legal claim
Also after the seller has given himself almost 3 weeks and only answered with the a-z guarantee? In addition, he does not want to pay for the return.
Also after the seller has given himself almost 3 weeks and only answered with the a-z guarantee? In addition, he does not want to pay for the return.
How long does he have for this? Since he only reported after almost three weeks. After the a-z guarantee application has been made. How does it work with the return shipping costs if he says in advance that the buyer should take it over?
Yes, if you had canceled the purchase within 14 days and returned the game unopened, you would have received the money back. But you complained. Then no longer distance sales law, but BGB.
And yes, you also have to bear the shipping costs. This is expressly regulated by law.
If we hadn't opened the game, we wouldn't know that it is broken. We complained about it 2 days after receipt.
why do we have to pay the shipping costs if the item is defective? It's not our fault. We finally paid for an item that is impeccable.
A complaint about a defect is a revocation in the sense of the Distance Selling Act. That's why it doesn't move here. The Distance Selling Act is designed to protect people who have been caught on the phone by surprise or who have made a mistake online. A complaint about a defect falls under the BGB. Improvements can be made here.
https://dejure.org/gesetze/BGB/439.html
You are right about shipping costs. Then I galloped myself. I made the same mistake as you. Here too, a distinction is made as to whether it is a revocation or a complaint. If you revoke, you would have to bear the costs; if you complain, the seller:
https://www.bezahlen.net/ratgeber/versandkosten-bei-ruecksendung/#Versandkosten_bei_Reklamation
Thank you one more question, do you have to pay for the return and get it reimbursed or does the seller have to frank the label sufficiently? As he said, he expressly does not want to pay for it.
Well, the label doesn't work. He also wants to check whether the complaint is justified. In this respect, he must reimburse the shipping costs. Send him the link right away. Then he knows that you have informed yourself.
OK thank you.
If there's actually a material defect, the commercial seller bears the costs, this is regulated in BGB §439 Abs.2: https://www.gesetze-im-internet.de/...__439.html
