Will Saturn get rid of me?

A month ago I bought a Nintendo Switch console at a Saturn store, which caused problems with the fan after a week. I sent it straight to the manufacturer and got it back repaired. After a week the error reappeared and I sent it to nintendo repeatedly, but this time it came back with a "no bug found". I also stated that the error can't always be reproduced. To be on the safe side, I've now recorded the fan rattle.

I don't want to send it in a third time now and want to go to Saturn tomorrow and "request" an exchange device.

Do the two repairs from the manufacturer count as rework, or is Saturn, as an authorized dealer, allowed to have it repaired twice and what do I do if you want to repair it again and get rid of me?

If you have not used a guarantee but your warranty with Satur and the error persists, you can withdraw from the purchase contract.

It may be that it will go well. I guess there has to be a letter from the lawyer.

I hope that you also know that, according to the warranty, you also have a choice between replacement or repair.
(Can only be restricted if the other would involve negligible effort)
But most of them still don't.

You are mixing up two things here. One is the manufacturer's guarantee, the other is the statutory warranty.

Your contact person would generally have been Saturn - no matter what they say. By shipping to Nintendo, you have opted for the manufacturer's guarantee. So it depends on these conditions.

If you have made your warranty with Satur rather than a guarantee and the error continues to occur, you can withdraw from the purchase contract.

how do you justify that? Do you also know the consequences of resigning?

I hope that you also know that, according to the warranty, you also have a choice between replacement or repair.

he only has if the BGB applies, not if the terms and conditions apply in which this is regulated

I'll try to talk to them factually and take the repair papers and recording with me. You only send it to the manufacturer.

According to §440 Saz 2 BGB, the improvement after the second unsuccessful attempt is considered to have failed.
This means that the purchase contract can be withdrawn without setting a further deadline.
The consequence of this is a complete reversal of the purchase contract.

The warranty law is legally binding and can't be restricted in a sales contract between a retailer and a consumer.
(Exceptions would be used items, here a reduction to 1 year is possible)

Section 439 sentence 1 states that the buyer has the choice of either eliminating the defect or delivering a defect-free item.

Clause 4 restricts this if the choice of supplementary performance is only associated with disproportionate costs.

According to §440 Saz 2 BGB, the improvement after the second unsuccessful attempt is considered to have failed.

That is only partially true. The seller does not always have the right to two reworks. It is only regulated that the buyer does not have to set a deadline for withdrawal. A subsequent performance attempt can be sufficient for the withdrawal.

The consequence of this is a complete reversal of the purchase contract.

yes, but what does that mean? Both sides have to return the benefits drawn. The seller can therefore assert a reduction in value. This can be the amount of the depreciation.

This means that the withdrawal does not mean that the purchase price is paid in full!

Section 439 sentence 1 states that the buyer has the choice of either eliminating the defect or delivering a defect-free item.

yes, but it is permissible to "reverse the polarity" of the terms and conditions and to put the repair before the new delivery

Essentially, it was about my reference to the purchase price

You can still use Google yourself and we don't give effective legal advice anyway.

And I only mentioned §440 because it is clearly stated there that the second attempt is considered to have failed.

Other warranty rights according to §437 are only available after min. An expired deadline or unsuccessful rework.

In principle, the right to choose according to §439 and its restriction applies in the case of disproportionate costs.
Of course, it can be stated in the terms and conditions that the delivery of goods free of defects would generally be disproportionate.
But if that is not the case, the dealer has a problem.

Changes to the terms and conditions between the retailer and the consumer that are to the detriment of the consumer are ineffective.
In general, I would always request that the decision according to §439 sentence 3 justify in writing.

Withdrawal from the purchase not only results in compensation for use, but also claims for damages on the part of the buyer.
If you want it to be so detailed, you have to!

Withdrawal from the purchase not only results in compensation for use, but also claims for damages on the part of the buyer.

but only if damage has occurred and you have to prove it…

but I think we'll let it be ;-)

Saturn will or is already Media Markt

Saturn and media Markt have always been MSH's takeover by Ist for Germany

You should have complained about this to Saturn the first time.