Warranty case, rectification: may the seller spit me off with a different color and version because you do not have them in stock?

Va
- in PlayStation
5

I bought a "PlayStation DualSchock 4 v.2 Controller" color copper from Otto.de about 1 year ago. This has a defect. Otto customer service said I should send it in. No sooner said than done, sent in for a long time nothing heard but wanted to wait a month (because of Corona).

Have a look at my Otto account how it looks with my warranty claim and lo and behold, the original purchase price was credited to my Otto credit. At first I thought that was a cheek. But of course the controller was on offer, the Otto is cheaper than sending me a new one. But for 39.99 euro I don't get a new controller, and not in the color.

So politely communicated via email that you should please debit the money from me again and still repair my controller or send me a new device of the same value.

Then they complied with me and offered me to replace the controller with a new one, but you only have white, black, red and camouflage. Of course I didn't want to. I'm also entitled to rework on one of the same color or not? After all, the copper color ends are much more expensive and therefore have a completely different resale value than black and white.

Well, customer service again wrote that I do not agree with whether there's anything to be done. Maybe you can ask the dealer or I will buy one somewhere else and pass the costs on to Otto.

The customer service then called me, I'm sorry. Your suggestion does not work. I can only offer you the colors mentioned above. I have grudgingly accepted it. Get package today, controller white as agreed, but this is the older version of controller v.1, but I had a v.2 and also immediately checked at Otto.de whether they also have version 2. Is there!

May I ask for a repair that I get version 2 and the color copper as originally stated in the purchase contract. What can I politely do / ask?

Ly

Well, if necessary, you can also enforce SE 437 No. 3, but then you have to enforce that in court.

you don't have to get into a worse version

Va

Am i entitled to the same color? They want to spit me off with a different color, Otto himself no longer has the color, but do you have to get the color for me via Sony?

Ly

Yes you did, the subject of the contract is probably dualshock V2 in copper. How to get the controller is not your problem

Va

Thank you for the answer nanfxD. What does that mean? SE?

Ly

Damages