beauty mistake
The blemish is an aesthetic or visual defect in people or things .
General
The compound word “ flaws ” is made up of the flaw as a deviation from a standard and the beauty , whereby the beauty deviates from the ideal of beauty . Blemishes are linguistically small, negligible errors or at least errors that are negligible. In the case of humans or animals, for example, this can be a detail in the appearance that is perceived as not corresponding to the current ideal of beauty at the given historical point in time. Analogous to this, a minor damage or similar defect in a product is considered to be a blemish in trade , which does not impair its practical value or durability, or does not impair it significantly. Often a discount is given on such goods because the buyer prefers faultless goods for the original, higher price. In the case of products or services, blemishes mean a - albeit minor - deviation from the ideal product quality or service quality and are therefore the subject of quality management .
Defect classification
The defect classification in quality management according to DIN 40080 counts cosmetic defects - depending on the branch of industry - to the defects, namely their sub-type minor defects. These affect the function slightly or are blemishes. The fault classification is carried out as follows:
| Failure class | Error Description |
|---|---|
| A error |
critical error : total failure, endangerment for people or property |
| B error |
Main fault : partial failure, repair required |
| C error |
Minor defects : imperfections, customer acceptance guaranteed |
From the manufacturer's point of view, the material defects in the case of cosmetic defects are so minor that the customer can expect acceptance. However, this legal question is partially answered differently by case law .
Legal issues
In the case of the purchase contract , the seller is obliged, according to Section 433, Paragraph 1, Clause 2 of the German Civil Code ( BGB) to provide the buyer with the purchased item free of material and legal defects . In the case of rectifiable defects, even if they are minor, the buyer is entitled to refuse to pay the (full) purchase price in accordance with Section 320 (1) BGB and to refuse acceptance of the purchased item until the defect has been remedied in accordance with Section 273 (1) BGB . Even the smallest material defects do not have to be accepted by the buyer (the judgment quoted was about paint damage on a car).
The acceptance regulation in the contract for work and services in Section 640 (1) sentence 2 BGB, on the other hand, states that acceptance cannot be refused due to minor defects. A defect is insignificant if its importance is so far removed that it can be regarded as reasonable for the client after weighing up the interests of both parties ("visual defects"). This should always be assumed for blemishes.
In the case of rented apartments, blemishes are minor defects in the decoration of the apartment (wallpaper, paint) that result from normal apartment wear and tear. They are not damage and therefore do not represent a reason for a rent reduction . Nevertheless, they must be documented in the apartment handover protocol .
Others
Metaphorically , a blemish is generally a mistake in an abstract concept or plan that does not fundamentally invalidate it. Rhetorically it is also understated to the contrary , if precisely such a fundamental error is alluded to, for example with the formulation "The whole thing has only one flaw ...".
literature
- Literature on blemishes in the catalog of the German National Library
Individual evidence
- ↑ Hubert Gräfen / VDI-Gesellschaft Werkstofftechnik (ed.), Lexikon Werkstofftechnik , 1993, p. 287
- ↑ Claudia Brückner, Quality Management - The Practical Guide for the Automotive Industry , 2019, p. 342
- ↑ BGH, judgment of October 26, 2016, Az .: VIII ZR 211/15 = NJW 2017, 1100
- ↑ Hans-Michael Dimanski, “Optical Defects” - Much Ado About Nothing or Legal Entitlement? , in: right practical, 2/2, 2016, p. 2
