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Old 03-21-2012, 08:12 AM   #29
tuxor
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tuxor has a thesaurus and is not afraid to use it!tuxor has a thesaurus and is not afraid to use it!tuxor has a thesaurus and is not afraid to use it!tuxor has a thesaurus and is not afraid to use it!tuxor has a thesaurus and is not afraid to use it!tuxor has a thesaurus and is not afraid to use it!tuxor has a thesaurus and is not afraid to use it!tuxor has a thesaurus and is not afraid to use it!tuxor has a thesaurus and is not afraid to use it!tuxor has a thesaurus and is not afraid to use it!tuxor has a thesaurus and is not afraid to use it!
 
Posts: 320
Karma: 99999
Join Date: Oct 2011
Location: Germany
Device: Onyx Boox M92, Icarus Illumina E653
Sorry, but your explanation of the terms Garantie and Gewährleistung is totally mixed up. Garantie is warranty from the manufacturer whereas Gewährleistung or Mängelhaftung is a warranty from the reseller. The first one, Garantie, is a voluntary service of the manufacturer. The latter one is legally compulsory in the European Union. In contracts of purchase between a commercial reseller and a private buyer (with most "small" goods) the Gewährleistung or Mängelhaftung (the warranty of the reseller) _must_ be assumed for two years. In the first six months of Gewährleistung burden of proof is on the reseller's side. In the second part of those two years it's the other way round.

Anyway, to me it also seems like there is a legal duty on Booxtor's side, that he has to replace the unit if he can't proof that focus broke the device - since Booxtor's shop falls under German law.

######### EDIT ###############
For German law, have a look here: http://dejure.org/gesetze/BGB/476.html and http://dejure.org/gesetze/BGB/437.html

This doesn't look good for Booxtor, because the following assumption is simply wrong:
Quote:
The warranty is given by manufacturer (not by seller) [...]
The only thing that might save him in this case, is this:
Quote:
If the glass of the screen is broken it is obviously a kind of a sign of mistreatment. Fault in material is excluded, since the ereader has worked a quite long time (two months)
But it's hard to tell, whether this will really convince a judge: Since the glass is not broken on the usually visible part of the screen, there is no reason why it should not already have been in a poor state when handed over to the buyer.

Last edited by tuxor; 03-21-2012 at 08:37 AM.
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