of course, I had the receipt. Otherwise, they wouldn't even consider replacing them.
> though generally if it's not a warranty case then you're at the sellers good will if they accept it.
well, that is the problem. A good set of consumer protection laws shouldn't leave the consumer to the seller's good will, don't you think?
> Most of german consumer protection happens at the backend and between shops, not directly with the consumer.
Whatever that means... Why would I care what happens behind the doors If I, as a consumer, don't see the real-life benefits of it?
The thing is, German customer protection laws are just laws with no real implications. As with almost everything else in Germany, there are more exceptions to the laws than the laws themselves, which makes it possible for the stronger side (sellers, renter, contractors etc. ) to find a loophole and exploit it for their benefit.
I am not even talking about scammy contracts with internet and mobile companies that would not be possible in any other developed country. A very relevant link: https://twitter.com/FRYTG/status/1023927351514734593
>A good set of consumer protection laws shouldn't leave the consumer to the seller's good will, don't you think?
When you buy in store, the old saying "bought as seen" applies. If I buy some food and find out on the way home that it's spoiled and past date, I can bring it back and likely it'll get replaced but they don't have to. I should have checked. When you buy glasses, check for scratches.
For warranty claims you'd need some kind of bigger problem than something that can be considered wear and tear or that was present when bought.
The consumer laws are concerned with malicious activity where someone is trying to actively trick a customer (which is where you get silly rulings like vegan sausages not being able to be called sausages as such would imply it contains meat).
And don't worry about implications or consequences, when the responsible government offices get riled up they really hit hard.
In regards to mobile/internet contracts, it helps to read the fineprint. Additionally if they do make trouble, contacting your local customer rights organization, the contract will get dropped very fast with little complaints.
> If I buy some food and find out on the way home that it's spoiled and past date, I can bring it back and likely it'll get replaced but they don't have to. I should have checked. When you buy glasses, check for scratches.
Under Australian consumer law, the product is considered faulty and you are entitled to a refund or replacement.
In fact if the product is as sold or unconsumed, you are entitled to a refund within 30 days of sale.
> In regards to mobile/internet contracts, it helps to read the fineprint.
The same old argument... The problem originates from the fact that the internet/phone providers can actually put those fine prints on the contract. So saying that you should read the fineprints doesn't mean anything. Why don't I have the same type of scammy contract elsewhere? Why is it only in Germany (at least among the many countries I have lived in)? Why does someone who already moved to the Netherlands have to wait for 6 months to cancel the contract they had with a phone company? Shouldn't it be immediate? I leave the country, which means I should be able to cancel any contracts that I have with any company. That should be a basic customer right, or even better, that should be the default treatment of customers by the companies without even needing all these regulations. The copmanies should have this customer-centric mindset, which is lacking in Germany in almost every field (aka Serviewüste Deutschland)
> If I buy some food and find out on the way home that it's spoiled and past date, I can bring it back and likely it'll get replaced but they don't have to.
The sell by date is set by the merchant, so you’re right there. But spoilt? I doubt it’s ok to sell rotten food in any western country.
> Article 14 states that food shall not be placed on the market if it is unsafe. Food is deemed to be unsafe if it is:
> - injurious to health
> - unfit for human consumption
I’m not sure you can make the claim that as long as you didn’t know, it was ok. Sure, actual mistakes can mean it’s not a punishable offence, but that doesn’t change your responsibilities: you sell something, it has to be reasonably fit for purpose. Consumer laws don’t care whether the merchant didnt try to mislead you when it comes to their responsibilities for the products they sell.
Those scratches were only visible under direct sunlight and after a close examination. Besides, you assume that it is always possible to see defects when buying an item, which is, I am sorry, really ridiculous.
The point is, if I bought the same pair of glasses in the US, there would be zero problems returning them. Absolutely zero. In most cases, they would even apologize for selling you a defective item and wasting your time. Not the case for Germany, and this is the problem. Does Germany have better customer protection laws than most of the developing world? Definitely. Does Germany have better customer protection laws and better customer satisfaction than the US and most other developed countries? Definitely not. And that was my point.
> though generally if it's not a warranty case then you're at the sellers good will if they accept it.
well, that is the problem. A good set of consumer protection laws shouldn't leave the consumer to the seller's good will, don't you think?
> Most of german consumer protection happens at the backend and between shops, not directly with the consumer.
Whatever that means... Why would I care what happens behind the doors If I, as a consumer, don't see the real-life benefits of it?
The thing is, German customer protection laws are just laws with no real implications. As with almost everything else in Germany, there are more exceptions to the laws than the laws themselves, which makes it possible for the stronger side (sellers, renter, contractors etc. ) to find a loophole and exploit it for their benefit.
I am not even talking about scammy contracts with internet and mobile companies that would not be possible in any other developed country. A very relevant link: https://twitter.com/FRYTG/status/1023927351514734593