How can you argue against Saturn in order to get a new device instead of a repair?

I have now sent in my Nintendo Switch twice because of a defective fan and after repeated existing defects I wanted a new device at Saturn. This was categorically rejected and they said that they had to send it to the manufacturer one way or another to prove the fault and then send a new device if necessary (does a repair shop that is a sub-company?). It is funny that the second repair did not find a fault and the Saturn person thinks it is not considered a repair attempt. I could not assert myself and under stress I let it be sent in because there was only one employee at the counter and a huge queue formed, the stressed.

What should I have done better to assert myself?

Would I have the right to a new device right away?

What can I do now, also e.g. If again no error is found?

If the object of purchase has a defect, consumers can initially only request what is known as subsequent performance. There are two types of supplementary performance: repair and replacement.

The essentials in brief:

If a purchased item has a defect, you can initially only request what is known as subsequent performance.
The contact person is in any case your dealer.
There are two types of supplementary performance: repair and replacement.

As a buyer, you basically have the right to choose. You are not bound by your choice - so you can request a repair first and then a replacement delivery, i.e. An exchange of your item. The seller is not allowed to create any facts even without your consent: If you request a repair, the dealer can't 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 can't 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 can't be remedied in the long term. If a replacement would be excessively expensive after all, you will have to settle for the repair.

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

But even with a 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 exercise your further rights.

In practice it depends on the individual case. Courts have already taken the view that with 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 item is technically uncomplicated, such as a coffee machine or toaster,
if the seller has proven to be unreliable at the first attempt at rectification.
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. Source: https://www.verbraucherzentrale.de/wissen/vertraege-reklamation/kundenrechte/nachbesserung-und-ersatzlieferung-5068

Unfortunately, I don't know the legal situation. However, I can assist you in enforcing this.

You should always remain calm, factual and understandable, regardless of how the other person acts. Because if you get louder, then this usually only has the disadvantages for you, in this case. Bring open arguments, listen to the other side, compare with each other, compare with the legal situation, and then argue with facts. Of course, if you are absolutely sure of something, you can insist on it.
Often it lures others out of the reserve when you are the part who does not allow themselves to be stressed.

Hope i could help.

All the best to you and the best of health

Yes, I told him that too… But at Saturn it is denied.

Lawyer. Nothing easier than that…

If that doesn't help, then I don't know either.

Very good general advice!

I wouldn't let that bother me just because a line forms behind me. I have the right to receive professional advice, just like everyone else behind me. If a queue forms, then the company should call more employees for information.

If you are not convinced of something, then you should simply not accept it. Take the device back with you, find out what the situation is, call the customer center, ask a lawyer for advice. There are many opportunities.

I already had the fun. Then I just brought the law with me and said, you can do it as it says in the law, or I hire a lawyer to tell you exactly the same thing, only it will cost you money. That helped and I got a new device.

Well the set location is clear. Print out the relevant part from the BGB and put it on the table. Then tell them that they either fulfill the supplementary performance in the form of delivery of a defect-free item or that you will come back with a lawyer. If they refuse to do that again, come on with a lawyer. By then at the latest, the Saturn lawyer will bang the guy who refused.

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Many Thanks!

All the best!