Three days ago, a Nintendo Switch Lite was purchased from a Müller drugstore with a large multimedia department. To dampen the boredom during the curfew. It turned out that this has a button defect (does not respond.) The market itself still has devices in the shop. However, they do not want to exchange the switch, just send it to Nintendo, which can take a long time. The console was only recorded for 25 minutes, then the error was noticed. Exchange for a new device is supposedly not possible even if I bring the defects over. Now my question may a shop do that, even if it has replacement devices (statement by the store manager). Sending in and repairs can take up to 3 months because of the corona crisis. What would you do if you were me.
Yes, the store can. The seller has the right to rework several times. If there are still problems after two or three attempts, you can insist on an exchange or cash payment.
The store has the primary right to send the device in for repair. So that's right
Yes, you can. If there's a defect, the dealer has the right to repair three times. Only then can you withdraw from the purchase contract or request a new product.
A store is allowed to do this, even if it has replacement devices (statement by the store manager).
-> Yes
The seller (in the case of DM Müller) has to acknowledge the defect and is generally not obliged to exchange it for a new device (§ 439 BGB)
Exception is if there's a regulation that e.g. Is available within 14 or 30 days of purchase (see receipt). Regardless of how long the device has been in operation (in time).
The seller can certainly request that it be sent to the manufacturer if he does not have his own certified service source.
You can and must give the seller the choice of how to deal with a defective, you can't force him. If it is so that you have to wait up to 2 months for it, it is so. But that is also part of the guarantee. In total you have to give the seller three times the chance that he can hand over the device to the customer in perfect condition. If all three attempts fail, you can only insist on a new device or money back afterwards.
As long as no immediate exchange is advertised, the seller can decide whether to have it repaired or exchanged directly.
In the current situation, everyone will probably send it in for repair.
