exchange

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In the colloquial language of the sales contract, exchange is understood to mean the exchange of goods that are inherently defect-free for other goods as part of goodwill .

General

Assign goods neither a property ( § 434 BGB ) nor a defect ( § 435 BGB) to be their buyers to § 433 para. 2 BGB committed to the seller the agreed purchase price to be paid and the purchased thing take off . There is therefore no legal obligation of the seller to exchange defect-free goods. If the buyer wants to exchange goods outside of the warranty for defects , he is dependent on the goodwill of the seller. In particular, there is an exchange because of the properties of a product (a different color , size or shape ) or purchase fidelity (the buyer regrets the purchase). This goodwill is often linked to conditions such as “exchange within a week”, “only exchange, no return of money” or “exchange for a voucher”, which are permissible due to the lack of legal obligation. These provisions apply to all forms of purchase, including online shopping . An exchange option can promote customer loyalty .

Legal position

The delivery conditions can provide for or exclude any possibility of exchange . An exchange is only possible for generic goods ( § 243 BGB) as long as these goods are freely available on the market in the same class. Conceptually, the exchange is an exchange transaction in which the rules governing the purchase contract apply ( Section 280 BGB). An exchange requires that the originally purchased goods are exchanged for another goods of the same type. The seller is therefore not obliged to return money or issue a voucher . The seller may make the exchange dependent on the presentation of a receipt or an invoice . He is also entitled to set the exchange periods (from one week to an unlimited period ). Notes such as "Sale goods are excluded from exchange" are permitted because there is no legal obligation to exchange goods that are free of defects.

Demarcation

The complaint, on the other hand, relates to poor performance by the seller, in which the buyer can demand supplementary performance by delivery of a defect-free item ( § 439 Paragraph 1 BGB), whereby he can choose between the removal of the defect ( repair ) or the delivery of a defect-free item. The buyer's right to subsequent performance from § § 437 No. 1, 439 BGB must not be confused with the voluntary exchange by the seller, because the exchange does not mean a bad delivery according to § 434 BGB.

Sometimes the exchange is confused with the - defective - supplementary performance, because Section 439 (4) BGB states that in the event of subsequent performance, the seller can demand the return of the (defective) item from the buyer in accordance with Sections 346 ff. BGB .

Web links

Wiktionary: exchange  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. Thomas Zerres, Bürgerliches Recht , 2000, p. 144
  2. Bettina Dittrich, A case for Escher - my rights as a customer , 2007, p. 77
  3. Bettina Dittrich, A case for Escher - my rights as a customer , 2007, p. 78
  4. Peter Müssig, Private Business Law , 2010, p. 233