germany consumer-protection warranties
Can I ask for the cost of a warrantied item to be replaced via another retailer?
<p>I bought a bike component from a German online retailer, which had a defect. I returned the item to the retailer under warranty, from where it was returned to the manufacturer and scrapped as unrepairable.</p>
<p>The component is no longer in stock at the retailer, so they are giving me a refund instead. It's unclear whether it will <em>ever</em> be in stock again, but the insinuation is that it won't. The price of this component has since gone up considerably at other retailers. I bought the item (discounted) at €190, and the cheapest I can now find it is €260. The recommended retail price has also jumped substantially.</p>
<p>Under German consumer law, can I ask them to cover the cost of buying the item elsewhere, since they are unable to replace it?</p>

<p>You are not entitled to a larger refund than you paid for under the law of <a href="/questions/tagged/germany" class="post-tag" title="show questions tagged &#39;germany&#39;" rel="tag" aria-labelledby="germany-container">germany</a>.</p>
<p>Your contract was for <strong>Part A at the Price of X</strong>. They have to either fix it or get you back price X. They can't get you part A, so they refund you X.</p>
<p><a href="https://www.gesetze-im-internet.de/bgb/__437.html" rel="nofollow noreferrer">§437 BGB</a> stipulates your right to have either the item fixed or replaced (&quot;Nacherfüllung/Nachbesserung&quot; according to <a href="https://www.gesetze-im-internet.de/bgb/__439.html" rel="nofollow noreferrer">§439 BGB</a>). In the alternative, the price for the defective part could be reduced. Alternatively, you can have the contract voided in its entirety (return of parts and money to original owners in exactly the same amounts). Atop that comes the possibility to have fees (e.g. postage or inspection fees) and other &quot;Schadensersatz&quot; repaid that the customer incurred.  <a href="https://www.gesetze-im-internet.de/bgb/__438.html" rel="nofollow noreferrer">§438 BGB</a> specifies the timing requirements.</p>
<p>Do note, that Nacherfüllung under <a href="https://www.gesetze-im-internet.de/bgb/__439.html" rel="nofollow noreferrer">§439 BGB (4)</a> is limited: If the costs and fees would be too high, the seller can deny it. So if you were promised to have a working car engine for 1€ and it doesn't work, you can not force them to buy you a new one for thousands. So, Nacherfüllung can force a vendor to swallow <em>some</em> losses, but not infinitely so.</p>
<p>If since your purchase the price for part A has risen, you are not entitled to be repaid the new price - just like they can't just refund you less because the price for the part crashed. If you insist on having the part fixed or replaced, it is the seller's obligation to attempt to do so, but if they are not able to do so (e.g. the part is no longer made and no stock available), the only economically viable option is to annul the contract.</p>

<p><a href="/questions/tagged/australia" class="post-tag" title="show questions tagged &#39;australia&#39;" rel="tag">australia</a></p>
<p>For the breach of a <a href="https://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund" rel="nofollow noreferrer">consumer guarantee</a>, the business must repair a minor defect, or replace or refund for a major defect at the <strong>consumer’s</strong> discretion.</p>
