Change
The legal term conversion (in Austria conversion ) is generally understood in sales law to mean the reimbursement of the purchase price of a purchased item that has been found to be defective within a given period .
Germany
In German sales law, the right to conversion was a warranty claim in the event of material defects . According to the legal definition in § 462 BGB old version, it was a matter of canceling the purchase . After the conversion, the buyer could demand the purchase price back and the seller the purchase item .
In place of the conversion, the modernization of the law of obligations on January 1, 2002 was replaced by the legal institution of rescission regulated in general law of obligations ( § 323 , §§ 346 ff. BGB). In addition, § 437 No. 2 and § 440 BGB and the provisions named there apply in sales law. The resignation as an institute of the general law of obligations of the BGB no longer relates only to sales transactions, but is also applicable to other obligations, provided there are no general or special reasons for exclusion. Even after the modernization of the law of obligations, the term "conversion" has been preserved in legal jargon in such a way that the legal consequence of the withdrawal is now of the (re) conversion of the original obligation into a restitution obligation.
Austria
In Austria , the conversion is regulated by Section 932 (4) ABGB . A right to change exists if there is a serious defect. If the defect is minor, the buyer is entitled to an improvement in the item , an exchange of the item, or a reasonable price reduction either as a credit note or as a repayment of part of the purchase price.
Switzerland
In Switzerland , the conversion is regulated in Art. 205 Code of Obligations . Thereafter, the buyer has the right to demand a reversal of the purchase in the event of defects in the purchased item or to obtain a reduction, ie a reduction in the purchase price. However, the change may not be possible if the defect is only minor. In guarantee contracts , conversion is often excluded and instead the buyer is given the right to repair. In many cases, however, this is not an advantage for the buyer.
