Question for our German members

I have a question for our German forum members related to consumer law.

I have purchased a motherboard from Reichelt. it is a specific server motherboard that I couldn't get in the Netherlands and it was available from them in the shortest available time.
Anyway, I never got it to work and sent it back to Reichelt within a week, after notifying them of the faulty motherboard and them sending me a shipment label.

I am used to the way this is done in The Netherlands. In our little country if I send it back within two weeks, I am entitled to a replacement or a refund, no questions asked. If it is a repair, it is the problem of the supplier, not mine. I also do not have to proof that I handled the goods properly either. They have to sent me a replacement once they received the returned goods or give me a refund.

Reichelt however sent me a mail that they have sent the motherboard to the manufacturer and await their findings before taking further actions. Their T&C does not explicitly state that I am entitled to a replacement. It does state that I can get a refund if I cancel within 14 days, but mention nothing in combination with a repair.
I am planning to do just that, but I am wondering what German consumer law has to say about this. I can read German very well, but I would not have a clue where to start looking for that information. Could someone inform me of my rights by German law or point me to the location which has the information?

It is different here in Germany.

You can send something back without explanation within 14 days and get the money back if you have not opened the packaging.

If you send something back that is faulty the seller has two tries to repair the article. If he can't repair it you get your money back.

HiddenX said:

If you send something back that is faulty the seller has two tries to repair the article. If he can't repair it you get your money back.

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I am not familiar with German law, but we have that same option in The Netherlands if you buy in a shop.
But online it is different.

From the link you provided I can not see it is different in your country. At the section where online shopping is being discussed:

Darf reduzierte Ware zurückgegeben werden?

Fällt Ihnen zu Hause auf, dass Ihre gekaufte Ware defekt ist, können Sie eine Reparatur oder Neuware fordern. Dies gilt auch für reduzierte Artikel, sobald der Verkäufer vor dem Verkauf nicht auf mögliche Mängel hinweist. Bei fehlerfreier Ware steht es dem Verkäufer frei, ob er den Artikel umtauscht.

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From this I gather that in case of an article at a cheaper price, you have ALSO the possibility to ask for either repair or a replacement.
Considering the word 'also' I guess the same applies to new products that were bought online.

Addendum:
Seeing the conditions of Reichelt:

You have the right to cancel the contract without the need to provide any reason.

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I read this: no matter the reason, you have the right to cancel the order. (Harm on purpose excluded).

According to this blog here, Dutch law should apply in your case, Myrthos, because Reichelt is shipping to NL and what matters is the residence of the consumer.

Beim internationalen Handel mit Verbrauchern gilt grundsätzlich das Recht des Staates, in dem der Verbraucher seinen Wohnsitz hat, wenn der Unternehmer seine Tätigkeit auf diesen Staat ausrichtet (z.B. Versandkosten für dieses Land angibt, das Land im Bestellprozess als Lieferland auswählbar ist etc.). Von dieser Grundregel kann nur sehr eingeschränkt in AGB abgewichen werden, mit einer sog. Rechtswahl.

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Reichelt's AGB do not have a "Rechtswahl" as an exception from the rule. Quite the contrary because 15.3 says…

15.3 Wenn Sie als Kunde als Privatperson handeln und den Vertrag abschließen, lassen die Bestimmungen des § 15.1 und 15.2 zwingende gesetzliche Bestimmungen des Landes unberührt, in dem Sie Ihren gewöhnlichen Aufenthalt und von wo aus Sie den Vertrag abgeschlossen haben.

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So if you ordered from them as a private Dutch consumer then 15.1 -which states that German law is applicable- does not apply but instead your national law takes precedence.

It also seems that EU-wide the burden of proof ("Beweislast") within the first six months from the date of purchase is on the seller. This means that Reichelt should be obliged to simply send you a new mainboard within the first six months from the date of purchase if you request a replacement.
The choice between repair and replacement is usually up to you. Did you send them a RMA form asking for repair instead of a replacement? That wouldn't be so good…

Other than that, well, Dutch law should apply so it should be safe to go ahead and teach them a lesson in NL consumer law. Good luck… I hope it turns out well for you!

Yes, indeed, the famous first six months!

Trouble is lousy online webshops often do not like the risk involved of entrepreneurship. They like to move that risk from them to the producer. If the manufacturer decides it is their fault, and send a new one, the shop dies not have ro make any additional costs.
Not allowed in The Netherlands. Some do it, when unfamiliar with the law. Might be Reichelt is a shitty company.

Eye said:

Might be Reichelt is a shitty company.

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According to Geizhals they are about average. It's equal to the Austrian school grade system where 1 = very good/best and 5 = terribad/worst. As you can see, Reichelt has an overall average grade of 2.41 from a little over 500 ratings. Last three months they scored 1.18 so they must be on some kind of angelic spree recently .

I have been looking into it a bit more.

AFAIK you have the right to cancel the order within 14 days. No reason required. (Though it is not forbidden to give a reason, e.g. this a piece of shit: it is dead.*)

The shop can not state: 'you have no longer the right of cancellation because warranty service has been started'. You're not obliged to accept the warranty - no, they are obliged to accept your cancellation (within 14 days).
Besides it would be foolish from them to demand that you wait cancelling the order until you've received the repaired product. That path will only increase their shipping costs.

Sending it back because of Dead On Arrival means the webshop has to pay the return costs.
Cancellation means you pay those costs.


* it is wise to report a broken/damaged product, to avoid accusations after cancellation that it was you handling it badly.

Learned something today.

Every citizen of the EU can ask free legal advice when having problems after having bought something in another EU country. Like a car rent in Italy, a hotel room in France or a motherboard in Germany.

In The Netherlands it's the ECC, het Europees Consumenten Centrum:

The ECC informs consumers about their rights and obligations when doing a cross-border purchase and advises and assists them when they have a dispute with a trader in another EU Member State, Norway or Iceland. The latter is done in the form of conciliation. Here the ECC takes an independent role, and parties are reminded of their legal position. The aim of conciliation is to arrive at a solution that is mutually acceptable and reasonable. The ECC also provides information to consumers about the options for starting legal proceedings when conciliation has failed to reach the desired solution.

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Source of the above quote.

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The list of the European partners can be found here.

The ECC is for consumers in the EU Member States, Norway and Iceland who have a dispute with a trader in another Member State. If you do not live in the Netherlands but in another EU Member State, Norway or Iceland and you have a dispute with a Dutch trader, please contact the ECC in the country where you live.

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For instance…
For lostforever and Pladio the UK European Consumer Centre.
For Moriendor and HiddenX the Europäisches Verbraucherzentrum Deutschland.
For Ripper, our little England refugee, the European Consumer Centre Ireland.
For GG the Konsument Europa.
For pibbur who the Forbruker Europa. Gratis Hjelp!

HTH someone some day.